2017-1436 RESOLUTION NO. 2017-1436
A resolution granting a temporary limited easement for an encroachment for the building,
second story bay windows, and utility and ventilation equipment at 60 South Main Street,
encroaching City of Janesville-owned public property at 69 South Water Street (File
Resolution No. 2017-1436).
WHEREAS, the City of Janesville, a Wisconsin Municipal Corporation located in Rock County,
Wisconsin is the owner of property located at 69 South Water Street and grants the temporary
limited easement as described on the attached Exhibit A; and
WHEREAS, Richard Neeno and Joan Neeno are co-owners of 60SMAIN LLC, a Wisconsin
Limited Liability Company, owner of real property located at 60 South Main Street, and have
requested that the City of Janesville grant to the property owner a temporary limited easement
for an encroachment encroaching over the City's property to the south of and adjoining
60SMAIN LLC property to allow the encroachment of the building, second story bay windows,
and utility and ventilation equipment in the southern elevation of 60 South Main Street as
shown on the Plat of Survey; and
WHEREAS, the 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 the
City-owned lands in the easement area; and
WHEREAS, the easement is revocable and shall be 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 Manager to the
current or future owners of the real property located at 60 South Main Street and the property
owner of 60 South Main Street shall then forthwith remove the windows, utility and ventilation
equipment, and all other encroachments at the owners expense or upon demolition of the
existing building at 60 South Main Street; and
WHEREAS, if planned construction is not completed within two (2) years from the date of
building permit issuance for the project, the easement shall become terminated, null and void;
and
WHEREAS; the redevelopment of 60 South Main Street represents a significant investment in
the property and because the easement is temporary in nature, the City shall not require
compensation for the easements covering the encroachments as described; and
WHEREAS, the Janesville Plan Commission, pursuant to Section 62.23, Wisconsin State
Statutes, reviewed the granting of the easement to 60SMAIN LLC and found the easement to
be consistent with City Plans but did not review the financial aspects of the transaction; and
WHEREAS, the Common Council provides this easement, finding it in the best interest of the
City and its residents, businesses, and guests; and
NOW THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF
JANESVILLE that the City of Janesville hereby grants to 60SMAIN LLC the temporary, limited,
encroachment easement as described in Exhibit A attached hereto and made a part hereof; and
RESOLUTION NO. 2017-1436
PAGE 2
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 easements between the City and 60SMAIN LLC, and prepare and file and record
such other documents, forms, and papers pertaining to this transaction as may, from time to
time, be necessary or desirable to effectuate the intent of this resolution and/or easements.
ADOPTED: June 26, 2017 Motion by: Consent
Second by: Consent
APPROVED: l Councilmember Aye Nay Pass Absent
JA Conley X
Farrell X
Mark r:itag, City Manager / Gruber X
ATTE - Jorgensen X
Marklein X
- Williams X
David T. Godek, City C -rk-Treasurer Wolfe X
APPROVED AS TO FORM:
Wald Klimczyk, City Attorney
Proposed by: Building and Development Services
Division
Prepared by: City Attorney & Building and
Development Services Division
EXHIBIT A
ATTACHMENT TO RESOLUTION NO. 2017-1436
TEMPORARY LIMITED EASEMENT FOR AN ENCROACHMENT FOR THE BUILDING,
SECOND STORY BAY WINDOWS, AND UTILITY AND VENTILATION EQUIPMENT AT 60
SOUTH MAIN STREET
LEGAL DESCRIPTION
Easement Area: The Grantor, City of Janesville, a Wisconsin Municipal Corporation hereby
grants to 60SMAIN LLC ("Grantee"), a Wisconsin limited liability company, a 4-foot wide
Temporary Limited non-exclusive easement for an encroachment for the building, second story
bay windows, utility equipment and the installation and maintenance of ventilation equipment
on the south side of an existing building at 60 South Main Street as shown on the approved site
plan over the following described area:
PART OF LOT 3, BLOCK 45 OF THE ORIGINAL PLAT, CITY OF JANESVILLE, ROCK
COUNTY, WISCONSIN.
DESCRIBED AS FOLLOWS: The Northwesterly 4 feet of lot 3, Block 45, Original Plat, City of
Janesville, Rock County Wisconsin.
NOTE: The above description is subject to any and all existing easements and agreements,
recorded or unrecorded.
NOTE: The granting of these easements are subject to the following conditions as outlined in
City of Janesville Common Council authorization Resolution No. 2017-000:
NOTE: Grantee, its employees, agents, and successors in interest, shall have the right to
maintain, repair and/or replace the second story bay windows, utility equipment and ventilation
equipment located in the easement area described above.
The easement is limited, temporary, revocable, and shall be fully and forever terminated by the
City, at no cost or expense to the City, within six (6) months of issuance of a notice of
termination by the City Manager and/or upon demolition of the existing building at 60 South
Main Street.
If planned construction is not fully completed within two (2) years from the date of building
permit issuance for the project, this easement also forthwith terminates and becomes null and
void.
The redevelopment of 60 South Main Street represents a significant investment in the property.
Because the easement is of a temporary nature and because the renovation project cannot
move forward without the easement from the City, by accepting this limited non-exclusive
easement, the Grantee, for itself and each and every of its conveyers, heirs, executors, and
assigns acknowledges and agrees that the City shall not require comp for the easements
covering the encroachments as described, but such development, investment and easements
create no current or future liability or payment of any kind for the City.