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2016-1310 RESOLUTION NO. 2016 -1310 A resolution granting a temporary limited easement to Carriage Works Real Estate LLC for a portion of property located at 214 East Wall Street. WHEREAS, the City of Janesville, a Wisconsin Municipal Corporation located in Rock County, Wisconsin, is the owner of certain real property located at 214 East Wall Street and desires to grant the temporary limited easement as described in the attached Exhibit A; and WHEREAS, Carriage Works Real Estate LLC, a Domestic Limited Liability Company, owner of the real estate located at 201 East Milwaukee Street, has requested that the City grant to the property owner a temporary limited easement over the City's property located north of and adjoining the Carriage Works Real Estate LLC property to facilitate the construction of a refuse enclosure and the storage of waste materials within said enclosure; 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 refuse enclosure shall be constructed at the expense of Carriage Works Real Estate LLC to the satisfaction of the Building Official, six (6) feet in height and appropriately sized to screen all waste and waste receptacles stored within it, and comprised of building materials to be approved by the Building Official; and WHEREAS, rights to utilize the temporary limited easement shall be granted to the owner or owners of property at 205 East Milwaukee Street and /or 209 East Milwaukee Street if in the opinion of the Building Official such action is necessary for the operation of commercial activities within or redevelopment of said properties and if deemed necessary, any improvements to the refuse enclosure needed in order to accommodate one or both properties shall be completed at the expense of the property owner or owners receiving said rights; and WHEREAS, it shall be the responsibility of the property owner or owners possessing rights to utilize the temporary limited easement to, at their own expense, ensure that the enclosure is well- maintained and that waste is removed in a timely fashion so as to prevent the enclosure from becoming blighted; 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 to the property owner or owners possessing rights to utilize the temporary limited easement and said property owner or owners will be required to remove the refuse enclosure at their own expense; and RESOLUTION NO. 2016 -1310 PAGE 2 WHEREAS; the ongoing renovation of the Carriage Works Building at 201 East Milwaukee Street represents a significant investment in a prominent downtown building and since the easement is temporary in nature, the City shall not require payment for the easement covering the encroachment as described but such development and investment creates no current or future liability of any kind for the City; and WHEREAS, the Janesville Plan Commission, pursuant to Section 62.23, Wisconsin State Statutes, reviewed the granting of the easement to Carriage Works Real Estate LLC and found the easement to be consistent with City plans but did not review the financial aspects of the transaction; and WHEREAS, providing this easement is in the best interest of the City and its residents and businesses; and NOW THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF JANESVILLE that the City of Janesville hereby grants to Carriage Works Real Estate LLC the easement 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 Carriage Works Real Estate LLC, and prepare and file such other documents, forms, and papers pertaining to this transaction as the City Manager may, from time to time, find necessary or desirable to effectuate the intent of this resolution and /or easement. ADOPTED: May 23, 2016 Motion by: Marklein Second by: Tidwell APPROVED: Councilmember Aye Nay Pass Absent a Deupree X Gruber X Mark A. reitag, City Manager Jorgensen X Liebert X ATT Marklein X Tidwell X Williams X avid T. Godek, City Clerk- Treasurer APPROVED AS TO FORM: i~ Wald KlimczyK, City Attorney Proposed by: Carriage Works Real Estate LLC Prepared by: Building & Development Services EXHIBIT A ATTACHMENT TO RESOLUTION NO. 2016 -1310 TEMPORARY LIMITED EASEMENT FOR AN ENCROACHMENT FOR THE CONSTRUCTION OF A REFUSE ENCLOSURE AND THE STORAGE OF WASTE MATERIALS WITHIN SAID ENCLOSURE TO BE LOCATED AT 214 EAST WALL STREET LEGAL DESCRIPTION Easement Area: The Grantor shall grant an 18 -foot wide Temporary Limited non - exclusive easement for an encroachment for the construction of a refuse enclosure and the storage of waste materials within said enclosure on a portion of property located at 214 East Wall Street as shown on the attached Map 1 within the following described area: PART OF BLOCK 25, ORIGINAL PLAT, CITY OF JANESVILLE, ROCK COUNTY, WISCONSIN, DESCRIBED AS FOLLOWS: Commencing at the Easterly corner of Lot 5, Block 25, of said Original Plat; thence Northwesterly along the Northeasterly line of said Lot 5, a distance of 8.75 feet to the place of beginning for the land to be herein described; thence Northeasterly, perpendicular to the Northeasterly line of said Lot, 5.5 feet; thence Northwesterly parallel to said Northeasterly line 18 feet; thence Southwesterly, perpendicular to said Northeasterly line, 24 feet; thence Southeasterly parallel to said Northeasterly line, 18 feet; thence Northeasterly perpendicular to said Northeasterly line, 18.5 feet to the place of beginning. NOTE: The above description is subject to any and all existing easements and agreements, recorded or unrecorded. NOTE: The granting of this easement is subject to the following conditions as outlined in City of Janesville Common Council authorization Resolution No. 2016 -1310: The refuse enclosure shall be constructed at the expense of Carriage Works Real Estate LLC to the satisfaction of the Building Official, six (6) feet in height and appropriately sized to screen all waste and waste receptacles stored within it, and comprised of building materials to be approved by the Building Official. Rights to utilize the temporary limited easement shall be granted to the owner or owners of property at 205 East Milwaukee Street and /or 209 East Milwaukee Street if in the opinion of the Building Official such action is necessary for the operation of commercial activities within or redevelopment of said properties and if deemed necessary, any improvements to the refuse enclosure needed in order to accommodate one or both properties shall be completed at the expense of the property owner or owners receiving said rights. It shall be the responsibility of the property owner or owners possessing rights to utilize the temporary limited easement to, at their own expense, ensure that the enclosure is well - maintained and that waste is removed in a timely fashion so as to prevent the enclosure from becoming blighted. EXHIBIT A ATTACHMENT TO RESOLUTION NO. 2016 -1310 PAGE 2 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 to the property owner or owners possessing rights to utilize the temporary limited easement and said property owner or owners will be required to remove the refuse enclosure at their own expense. The ongoing renovation of the Carriage Works Building at 201 East Milwaukee Street represents a significant investment in a prominent downtown building and since the easement is temporary in nature, the City shall not require payment for the easement covering the encroachment as described. Because the construction of a refuse enclosure and the storage of waste materials within said enclosure cannot occur without this 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 easement 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.