2014-1128 RESOLUTION NO. 2014 -1128
A resolution granting a temporary limited easement for an encroachment for
addition of upper -story balconies at 38 South Main Street affecting property
between 38 South Main Street and the Rock River (File Resolution No. 2014 - 1128).
WHEREAS, the City of Janesville, a Wisconsin Municipal Corporation located in Rock
County, Wisconsin is the owner of property located between 38 South Main Street and
the Rock River and grants the temporary limited easement as described on the attached
Exhibit A; and
WHEREAS, Certified Parts Corporation, a Foreign Business Corporation, owner of real
estate located at 38 South Main Street has requested that the City grant to them a
temporary limited easement to facilitate the addition of two upper -story balconies at 38
South Main Street as shown on the approved site plan; and
WHEREAS, City of Janesville Department of Public Works staff have determined that
the location of the proposed easement does not conflict with the current or planned
future use of City -owned lands in the easement area; and
WHEREAS, the easement is revocable and is fully and forever terminated by the City,
at no cost or expense to the City, within six (6) months of a demand of the City Council
or upon demolition of the existing building at 38 South Main Street; and
WHEREAS, if planned construction does not occur within two (2) years from the date of
building permit issuance for the project, the easement becomes null and void; and
WHEREAS; the redevelopment of 38 South Main Street represents a significant
investment in the property without City assistance and since the easement is temporary
in nature, the City shall not require payment for the easements covering the
encroachments as described; and
WHEREAS, the Janesville Plan Commission, pursuant to Section 62.23, Wisconsin
State Statutes, reviewed the granting of the easements to Certified Parts Corporation
and found the easement to be consistent with City Plans but did not review the financial
aspects of the transaction; and
WHEREAS, providing these easements are in the best interest of the City and its
residents; and
NOW THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY
OF JANESVILLE that the City of Janesville hereby grants the easements to Certified
Parts Corporation as described in Exhibit A attached hereto and made a part hereof;
and
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BE IT FURTHER RESOLVED that the City Manager and City Clerk of the City of
Janesville are hereby authorized to negotiate, draft, enter into, and execute, on behalf of
the City of Janesville, the proposed easements between the City and Certified Parts
Corporation, and prepare and file such other documents, forms, and papers pertaining
to this transaction as may, from time to time, be necessary or desirable to effectuate the
intent of this resolution and /or easements.
ADOPTED: August 11, 2014 Motion by: Liebert
Second by: Kealy
APPROVED: i Councilmember Aye Nay Pass Absent
Bobzien
Farrell X
Mark Freita , City Manager Fitzgerald X
Kealy X
ATTEST: Liebert X
Marklein X
Severson X
an Ann Wulf, Clerk- Treasurer
APPROVED AS TO FORM:
I City Attorney
Proposed by: Certified Parts Corporation
Prepared by: Department of Public Works
EXHIBIT A
ATTACHMENT TO RESOLUTION NO. 2014 -1128
TEMPORARY LIMITED EASEMENT FOR AN ENCROACHMENT FOR ADDITION OF
UPPER -STORY BALCONIES AT 38 S. MAIN STREET
LEGAL DESCRIPTION
Easement Area: The Grantor shall grant a 16 -foot wide Temporary Limited non - exclusive
easement for an encroachment for the addition of two upper -story balconies onto the rear of an
existing building at 38 South Main Street as shown on the approved site plan within the
following described area:
LOCATED ON LOT 6, BLOCK 44, ORIGINAL PLAT, CITY OF JANESVILLE, ROCK COUNTY,
WISCONSIN.
DESCRIBED AS FOLLOWS: Commencing at the most Easterly Corner of said Lot; thence
S.50 °28'50 "W. along the SE Line of said Lot, 149.00 feet to the place of beginning for the
Easement to be herein described; thence S.50 °28'50 "W. continuing along said SE Line 16.00
feet; thence N.39 °16'09 "W. 61.00 feet; thence N.50 °28'50 "E. 16.00 feet; thence S.39 °16'09 "E.
61.00 feet to the point of beginning.
NOTE: The above description is subject to any and all existing easements and agreements,
recorded or unrecorded.
NOTE: The granting of these easements are subject to the following conditions as outlined in
City of Janesville Common Council authorization Resolution No. 2014 -1128:
The easement is revocable and is fully and forever terminated by the City, at no cost or expense
to the City, within six (6) months of a demand of the City Council or upon demolition of the
existing building at 38 South Main Street.
If planned construction does not occur within two (2) years from the date of building permit
issuance for the project, the easement becomes null and void.
The redevelopment of 38 South Main Street represents a significant investment in the property
without City assistance. Because the easement is of a temporary nature and because the
renovation project cannot move forward without the easement from the City, by accepting this
limited non - exclusive easement the grantee, for itself and each and every of its heirs, executors,
and assigns acknowledges and agrees that the City shall not require payment for the
easements covering the encroachments as described but such development, investment and
easements create no current or future liability or payment of any kind for the City.