2016-1311 RESOLUTION NO. 2016 -1311
A resolution granting a temporary limited no -build easement to allow exterior openings
in the northern facade of the Carriage Works Building, 201 East Milwaukee Street, over
City of Janesville -owned property at 214 East Wall Street (File Resolution No. 2016 - 1311).
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 no -build 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 no -build easement over the City's property located north of
and adjoining the Carriage Works Real Estate LLC property to facilitate the installation of
windows in the north elevation of the Carriage Works Building; 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, at any time upon written notice from the City to the current or future
owner of the real property located at 201 East Milwaukee Street and the property owner of 201
East Milwaukee Street will be required to remove the windows and restore the facade to a code -
compliant fire rating at their own expense; and
WHEREAS; the improvement of the north facade and interior renovations 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.
RESOLUTION NO. 2016 -1311
PAGE 2
ADOPTED: May 23, 2016 Motion by: Marklein
Second by: Tidwell
APPROVED: Councilmember Aye Nay Pass Absent
Deupree X
(((��� Gruber X
Mark A. F eitag, City Manager Jorgensen X
Liebert X
ATTE Marklein X
� Tidwell X
� �Y� /7.5W / Williams X
Tvid T. Godek, City'Clerk- Treasurer
APPROVED AS TO FORM:
f/�;`
Wald Klimczy , City Attorney
Proposed by: Carriage Works Real Estate LLC
Prepared by: Building & Development Services
1
EXHIBIT A
ATTACHMENT TO RESOLUTION NO. 2016 -1311
TEMPORARY LIMITED NO -BUILD EASEMENT
FOR WINDOW OPENINGS AND FAQADE IMPROVEMENTS
FOR CARRIAGE WORKS BUILDING, 201 EAST MILWAUKEE STREET
LEGAL DESCRIPTION
The Grantor shall grant a 10 -foot wide Temporary Limited non - exclusive easement to allow
window openings and facade improvements within the following described area:
PART OF LOT 5, BLOCK 25, ORIGINAL PLAT, CITY OF JANESVILLE, ROCK COUNTY,
WISCONSIN, DESCRIBED AS FOLLOWS:
Beginning at the Southerly corner of Lot 5; thence Northeasterly along the Southeasterly line of
said Lot, 110 feet; thence Northwesterly, perpendicular to said Southeasterly line. 10 feet;
thence Southwesterly, parallel to said Southeasterly line, 110 feet to the Southwesterly line of
said Lot; thence Southeasterly along said Southwesterly line, 10 feet to the place of beginning.