2016-1299 REVISED RESOLUTION NO. 2016 -1299
A resolution vacating a portion of Pliny Avenue north of East State Street.
WHEREAS, a portion of Pliny Avenue north of East State Street 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:
PART OF PLINY AVENUE AS SHOWN ON CARRINGTON'S CROWN ADDITION AND LOCATED IN THE
SW 1/4 OF THE NW 1/4 OF SECTION 6, T.2N., R. 13E. OF THE 4 P.M., CITY OF JANESVILLE, ROCK
COUNTY, WISCONSIN described as follows: Beginning at the SE Corner of Lot 125 of Carrington's Crown
Addition; thence N.0 °32'08 "W. along the West Line of Pliny Avenue, 396 feet, more or less to the South
Line of a previously vacated portion of Pliny Avenue; thence Easterly along said Line, 66 feet to the East
Line of Pliny Avenue; thence S.0 °32'08 "E. along said Line, 396 feet, more or less to the Easterly extension
of the South Line of said Lot 125; thence Westerly along said extended Line, 66 feet to the place of
beginning.
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 and its successors and assigns (hereinafter cumulatively referred to as "Grantor")
does hereby reserve unto American Transmission Company LLC and its manager (Grantee "), a certain non-
exclusive, perpetual Electric Transmission Line Easement and right and easement 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 (hereinafter 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:
The East Half of that portion of vacated Pliny Avenue, as described above, being located in the SE % of the
NW % of Section 6, Town 2 North, Range 13 East, City of Janesville, Rock County, Wisconsin.
The Grantee is also granted the associated perpetual and necessary rights to:
1) Enter upon the Perpetual Easement Strip 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 Strip; 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 Strip that in Grantee's
judgment, may interfere with Grantee's full use of the Perpetual Easement Strip 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 Strip for such purpose.
The Grantee shall pay a reasonable sum for all damages to property, crops, fences, livestock, lawns, roads,
fields and field the (other than brush, trees and overhanging branches trimmed or cut down and removed
from the Perpetual Easement Strip), caused by the construction, installation, operation, maintenance,
repair, replacement rebuilding, relocation, inspection, patrol or removal of said Electric Transmission
Facilities.
Within the Perpetual Easement Strip, and without first securing the prior written consent of the Grantee,
Grantor agrees that they will not:
1) Locate any dwelling or mobile home intended for residential occupancy; or
2) Construct, install or erect any structures or fixtures, including but not limited to swimming pools; or
3) Construct any non - residential type building; or
4) Store flammable goods or products; or
5) Plant trees or shrubs; or
6) Change the grade more than three (3) feet.
ADOPTED: June 13, 2016 Motion by: Marklein
Second by: Tidwell
APPROVED: Councilmember Aye Nay Pass Absent
upree
Gruber X
�L Gruber X
Mark A reitag, City Manager Jorgensen x
Liebert X
ATTE _ - / / Marklein X
� SW Tidwell X
Williams X
David T. Godek, City Clerk- Treasurer
APPROVED AS TO FORM:
Wald Klimc yk, City Attorney
Proposed by: Applicant
Prepared by: Planning Services Division