2014-1130 RESOLUTION NO. 2014 -1130
A resolution granting a temporary limited easement to the Rock County Historical
Society for a portion of property located at 440 North Jackson Street (Tallman
House) (File Resolution No. 2014 - 1130).
WHEREAS, the City of Janesville, a Wisconsin Municipal Corporation located in Rock
County, Wisconsin is the owner of property located at 440 North Jackson Street and
grants the temporary limited easement as described on the attached Exhibit A; and
WHEREAS, Rock County Historical Society, Wisconsin Non Profit Corporation, owner
of real estate located at 430 North Jackson Street has requested that the City grant to
them a temporary limited easement to facilitate the placement of a detached garage;
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 removal of the detached garage structure; and
WHEREAS; the further development of the Rock County Historical Society campus
represents a significant investment in the property and is an asset to the community and
as such, the City shall not require payment for the easement covering the
encroachments as described; and
WHEREAS, the Janesville Plan Commission, pursuant to Section 62.23, Wisconsin
State Statutes, reviewed the granting of the easement to Rock County Historical Society
and found the easement to be consistent with City Plans but did not review the financial
aspects of the transaction; and
WHEREAS, providing the easement 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 easement to Rock
County Historical Society as described in Exhibit A attached hereto and made a part
hereof; and
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 easement between the City and Rock County
Historical Society, 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 25, 2014 Motion by: Kealy
Second by: Marklein
APPROVED: / Councilmember Aye Nay Pass Absent
i Bobzien X
Farrell X
Mark ' eitag, City Manager Fitzgerald X
Kealy X
ATTEST: Liebert x
Marklein X
14I L L `/ Severson X
an Ann Wulf, City Clerk- Treasurer
APPROVED AS TO FORM: OP
Tim Wellnitz, Assistant City Attorney
Proposed by: Rock County Historical Society
Prepared by: Department of Public Works
EXHIBIT A
ATTACHMENT TO RESOLUTION NO. 2014 -1130
TEMPORARY LIMITED EASEMENT FOR AN ENCROACHMENT FOR PLACEMETN
OF A DETACHED GARAGE STRUCTURE
TO BE LOCATED AT 440 NORTH JACKSON STREET
LEGAL DESCRIPTION
Easement Area: The Grantor shall grant a 23 -foot wide Temporary Limited non - exclusive
easement for an encroachment for the placement of a detached garage structure on a portion of
property located at 440 North Jackson Street as shown on the approved site plan within the
following described area:
LOCATED ON LOT 13 OF COOLMAN'S S.D. LOT 13, CITY OF JANESVILLE, ROCK
COUNTY, WISCONSIN.
DESCRIBED AS FOLLOWS: Commencing at the most Southwesterly Corner of said lot; thence
54 feet north and east along the south line of said lot to the point of beginning; thence 46 feet
north and east along said south lot line to a point; thence 23 feet north and west on a line
perpendicular to said south property line to a point; thence 46 feet south and west on a line
parallel to said south property line a distance of 46 feet; thence 23 feet south and east on a line
perpendicular to said south property line 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 easement is subject to the following conditions as outlined in City
of Janesville Common Council authorization Resolution No. 2014 -1130:
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 removal of the
detached garage structure.
The further enhancement of the Rock County Historical Society campus represents a significant
investment in the property and is an asset to the community and as such, the City shall not
require payment for the easement covering the encroachment as described. Because the
easement is of a temporary nature and because the relocation of the detached garage 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 encroachment as described but such development, investment and easements create no
current or future liability or payment of any kind for the City.