2015-1242 RESOLUTION NO. 2015 -1242
A resolution vacating a portion of the frontage road located between STH 26 and Ryan Road south
of Interstate 39/90.
WHEREAS, a portion of the frontage road (access road) located between STH 26 and Ryan Road south
and adjoining Interstate 39/90 hereinafter designated and previously dedicated for street purposes is hereby
determined to be no longer needed for public use, and therefore, the public interest requires the vacation of
such street portion; and
WHEREAS, it has been determined that the traffic flow will not be impeded by the vacation of such street
portion; and
WHEREAS, the proposed street vacation has been referred to the Plan Commission for its consideration
and report as required by 62.23(5), Wisconsin State Statutes; and
WHEREAS, the public hearing was held on vacation of such street portion and notice required by
Wisconsin Statutes 66.1003 has been timely published and served; and
NOW THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF JANESVILLE that
the following described street portion be and is hereby vacated and discontinued pursuant to 66.1003 and
62.22(Im), Wisconsin Statutes:
A parcel of land being a part of the 50' access road of Certified Survey Map (CSM), recorded in Volume 6,
Pages 317 -320 as Document No. 866802, also being part of the southwest ' of the northwest ' of Section
17, Township 3 North, Range 13 East, of the 4th Principal Meridian, City of Janesville, County of Rock,
State of Wisconsin, described as follows:
Commencing at the most southerly corner of Lot 1 of said Certified Survey Map; thence North 39 degrees
53 minutes 15 seconds east, along the northwesterly right -of -way line of Ryan Road, 131.56 feet to a point
on a curve of northeasterly convexity, having a radius of 150.00' and a chord bearing north 11 degrees 37
minutes 13 seconds west 234.81 feet, said point being the point of beginning; thence northwesterly 269.69
feet along the arc of said curve, being the south line of said 50 foot access road per said CSM, to a point on
a curve of northerly convexity, having a radius of 635.00 feet and a chord bearing north 83 degrees 38
minutes 13 seconds west, 444.95 feet; thence westerly 454.60 feet along the arc of said curve also being
the south line of said 50 foot access road, to the most northerly corner of Parcel No. 16 per Transportation
Project Plat No. 1005 -10 -25 -4.04 recorded as Document No. 2028999; thence departing said corner and
said south line, north 14 degrees 08 minutes 46 seconds west, 50.00 feet to a point on the north line of said
50 foot access road also being the southerly right -of -way line of the 1 -90 access ramp per said CSM, said
north line being a curve of northerly convexity, having a radius of 685.00 feet and a chord bearing south 75
degrees 34 minutes 45 seconds east, 655.11 feet; thence 683.07 feet along the arc of said curve to the
proposed westerly right -of -way line of Ryan Road; thence along said proposed westerly right -of -way line,
south 36 degrees 09 minutes 43 seconds west, 57.29 feet to a point on the existing westerly right -of -way
line per said CSM; thence south 39 degrees 53 minutes 15 seconds west, along said existing right -of -way
line, 154.29 feet to the point of beginning.
NOW THEREFORE BE IT FURTHER RESOLVED that the City of Janesville hereby retains a 15 -foot wide
sidewalk easement for the purpose of grading, constructing and maintaining sidewalk along the north line of
the street right -of -way herein described; and
BE IT FURTHER RESOLVED that in addition to all other reservations and property rights and privileges
retained by the City of Janesville set forth elsewhere in this resolution and /or by other instrument or
operation of law, this vacation by the Common Council of the City of Janesville is subject to a certain non-
exclusive, perpetual Electric Transmission Line Easement by and between the City of Janesville and the
American Transmission Company LLC, a Wisconsin limited liability company, and it's manager ATC
Management Inc., a Wisconsin Corporation (hereinafter jointly referred to as "Grantee ").
The City of Janesville does hereby reserve unto American Transmission Company LLC and its manager
(Grantee "), a certain non - exclusive, perpetual Electric Transmission Line Easement and right to construct,
install, operate, maintain, repair, replace, rebuild, remove, relocate, inspect and patrol a line of structures,
comprised of wood, concrete, steel or of such material as Grantee may select, and wires, including
associated appurtenances for the transmission of electric current, communication facilities and signals
appurtenant thereto (referred to as the Electric Transmission Facilities), upon, in, over and across property
owned by the Grantor in the City of Janesville, County of Rock, State of Wisconsin, described as follows:
A variable width easement which crosses a part of the grantors property, being located in the Southwest 1 4
of the Northwest % of Section 17, TO3N, R13E, City of Janesville, Rock County, Wisconsin more particularly
described as follows:
Commencing at the West N corner of said Section 17; thence along the East -West Quarter line of said
Section 17, S88 °58'54 "E 636.91 feet; thence N01 °01 '06 "E 298.30 feet to the Southeast corner of Lot 1
Certified Survey Map recorded in Volume 6 of Certified Survey Maps on Pages 314 to 316 as Document
No. 866669; thence along the Southeasterly line of said Lot 1, also being the Northwesterly right of way line
of Ryan Road, N39 °14'32 "E 131.56 feet to a point of curvature; thence continuing along said common line
along the arc of a curve to the left having a radius of 150.00 feet and a chord which bears N07 °18'11 "E
158.70 feet to the point of beginning; thence continuing along said common line along the arc of a curve to
the left having a radius of 150.00 feet and a chord which bears N44 °12'19 "W 100.48 feet to a point of
compound curvature; thence continuing along said common line along the arc of a curve to the left having a
radius of 635.00 feet and a chord which bears N64 °45'49 "W 21.91 feet; thence N47 °50'38 "W 127.42 feet to
the Southerly right of way line of Interstate Highway 39/90 as shown on Transportation Project Plat 1005-
10 -25 -4.04 recorded as Document Number 2028999; thence along said Southerly right of way line along the
arc of a curve to the right having a radius of 685.00 feet and a chord which bears S61 °30'47 "E 341.50 feet;
thence continuing along said Southerly right of way line S52 °27'35 "E 66.82 feet the Northwest corner of Lot
1, Certified Survey Map recorded in Volume 19 of Certified Survey Maps on Pages 27 to 29 as Document
No. 1284584; thence along the Northwesterly line of said Lot 1 also being the Southeasterly right of way line
of said Ryan Road, S39 °14'25 "W 71.28 feet; thence N58 °53'36 "W 77.71 feet; thence N47 °50'38 "W 77.12
feet to the said point of beginning.
The above described easement contains 22,525 square feet or 0.51 acres, more or less, and is subject to
restrictions, reservations, rights of way and easements of record.
The Grantee is also granted the associated perpetual and necessary rights to:
1) Enter upon the Electric Transmission Line Easement for the purposes of fully exercising and enjoying the
rights conferred by this perpetual easement; and
2) Trim, cut down and remove any or all brush, trees and overhanging branches now or hereafter existing
in, on and over the perpetual easement; and
3) Cut down and remove such dead, dying, diseased, decayed, leaning trees or tree parts now or hereafter
existing on the property of the Grantor located outside of said perpetual easement that in Grantee's
judgment, may interfere with Grantee's full use of the perpetual easement for the purposes stated herein or
that pose a threat to the safe and reliable operation of the Electric Transmission Facilities; together with the
right, permission and authority to enter in a reasonable manner upon the property of the Grantor adjacent to
said perpetual easement for such purpose.
The Grantee shall pay a reasonable sum for all damages to property, crops, fences, livestock, lawns, roads,
fields and field tile (other than brush, trees and overhanging branches trimmed or cut down and removed
from the perpetual easement), caused by the construction, installation, operation, maintenance, repair,
replacement rebuilding, relocation, inspection, patrol or removal of said Electric Transmission Facilities.
ADOPTED: November 23, 2015 Motion by: Liebert
Second by: Gruber
APPROVED: / Councilmember Aye Nay Pass Absent
Bobzien X
Deupree X
Mark A. ' reitag, City Manager Farrell X
Gruber X
ATTES / Liebert X
Marklein X
Tidwell X
David T. Godek, City Clerk- Treasurer
APPROVED AS TO FORM:
Wald Klimczyk, ity Attorney
Proposed by: Planning Services
Prepared by: Planning Services