2013-1053 Resolution No. 2013 —1053
A Resolution Authorizing Sanitary Sewer Extension to Ramona Whittier For Greenbelt
Dedication With Attachment Promise.
WHEREAS, Ramona Whittier is the owner of certain real property ( "Property ") contiguous to
the City of Janesville's corporate limits, also abutting CTH E, where City municipal water main
was installed by the City in 1980 and sanitary sewer installation is proposed to be installed in
2013; and
WHEREAS, Ramona Whittier desires and has requested extension of Janesville sanitary sewer
service to her Property because of a failed septic system, and City water services; and
WHEREAS, in consideration of the City of Janesville's extension of sanitary sewer to the
Property and certain of the City's associated costs thereof, Ramona Whittier promises to and
shall convey a portion of her Property to the City for greenbelt, storm water drainage, and other
public use and purposes; and
WHEREAS, the City and Ramona Whittier have negotiated a certain Agreement to effectuate
the proposed land transaction, future attachment of her entire Property to the City by a date
certain, the City's extension of the sanitary sewer and water services to the Property, and
coverage of the costs, fees, and expenses pertaining thereto —a true and correct photocopy of
which Agreement is attached hereto, reiterated in its entirety, and incorporated herein by
reference as if fully set forth verbatim; and
WHEREAS, the Plan Commission reviewed this conveyance and found it consistent with City
plans but did not comment upon the financial aspects of the contemplated transactions; and
WHEREAS, Wis. Stats. §§ 62.22 (1), 62.23 (17)(a), 62.23 (17)(b), 66.0101, 62.11(5), Chapter
32, other pertinent Wisconsin Statutes, and common law authorize, enable, and permit the City's
acquisition, donation and /or conveyance acceptance, development, ownership, protection,
improvement, conservation, public use, disposition, extension of sanitary and water services to
the Property, require attachment of the Property to the City of Janesville's corporate limits, and
to administer the means for the City's recovery of the utility extension and connection costs,
fees, and expenses in the manner set forth in the Agreement.
NOW, THEREFORE, FOR the good and valuable consideration, promises, obligations and
benefits set forth in the Agreement by and /or to (respectively) each of the parties thereto, the
Common Council of the City of Janesville hereby find, authorize, and approve as follows:
1. Each of the above recitals and the Agreement are reiterated in their respective
entirety and incorporated herein by reference as if fully set forth verbatim; and
2. The City Administration, on behalf of the City, is authorized and empowered to
fulfill the City's promises set forth in the Agreement.
3. The City Manager, on behalf of the City of Janesville, and his designee(s) is /are
hereby authorized to negotiate, draft, modify, amend, review, and file all such other
documents, papers, and agreements, to take whatever other actions, and to make
whatever changes and amendments to Agreement and other documents and
agreements that the City Manager or his designee(s) may, from time to time, deem
necessary and /or desirable to effectuate the intent of this Resolution.
ADOPTED: October 28, 2013 MOTION BY: Doug Marklein
SECOND BY: Sam Liebert
APPROVED: COUNCILMEMBER AYE NAY PASS ABSENT
Farrell X
Fitzgerald X
Jac J. Winzen , Acting Cl y a Kealy X
Liebert X
ATTEST: Marklein X
// /� Severson X
te /.%� 717' Voskuil X
Je Ann Wulf, City Clerk Treas
APPROVED AS TO FORM:
Wald Klimczyk, City Attorney
Proposed by: Manager of Engineering Mike Payne
Prepared by: City Attorney Wald Klimczyk
City Attorney /Word /Shared /Resolution Whittier Ramona Greenbelt for Sewer Extension 101413.doc