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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.