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.