2017-1435 RESOLUTION NO. 2017-1435
A resolution granting a temporary limited no-build easement to allow exterior openings
in the southern facade of the Lark Restaurant Building, 60 South Main Street, over City of
Janesville-owned public property at 69 South Water Street (File Resolution No. 2017-
1435).
WHEREAS, the City of Janesville, a Wisconsin Municipal Corporation located in Rock County,
Wisconsin, is the owner of certain real property located at 69 South Water Street and desires to
grant the temporary limited no-build easement as described in the attached Exhibit A; and
WHEREAS, Richard Neeno and Joan Neeno are co-owners of 60 SMain LLC, a Domestic
Limited Liability Company, owner of the real property located at 60 South Main Street, have
requested that the City of Janesville grant to the property owner a temporary limited no-build
easement over the City's property located south of and adjoining the 60SMAIN LLC property to
allow exterior openings in the south elevation of 60 S. Main Street as shown on the approved
Site Plan; 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
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, ventilation equipment
and all other encroachments and restore the façade to a code-compliant fire rating at their own
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 also 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,
no-build 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 60SMAIN LLC, and prepare and file and record
RESOLUTION NO. 2017-1435
PAGE 2
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: June 26, 2017 Motion by: Consent
Second by: Consent
APPROVED:
Councilmember Aye Nay Pass Absent
' f Conley X
Mark
1/s//4.ag, City Manager Farrell X
/ Gruber X
ATTE • r/ �j Jorgensen X
Marklein X
Williams X
_7-411111e, Wolfe X
avid T. Godek, City lerk-Treasurer
APPROVED AS TO FORM:
Wald Klimdtyk, City Attorney
Proposed by: Building and Development Services
Division
Prepared by: City Attorney & Building and
Development Services Division
EXHIBIT A
ATTACHMENT TO RESOLUTION NO. 2017-1435
TEMPORARY LIMITED NO-BUILD EASEMENT
FOR WINDOW OPENINGS AND VENTILATION EQUIPMENT
FOR 60 SOUTH MAIN STREET
LEGAL DESCRIPTION
The Grantor, City of Janesville, a Wisconsin Municipal Corporation, hereby grants to 60SMAIN
LLC, a Wisconsin limited liability company, a Temporary Limited No-Build easement to allow
window openings and ventilation equipment for 60 South Main Street over the following
described area:
PART OF LOT 3, BLOCK 45, ORIGINAL PLAT, CITY OF JANESVILLE, ROCK COUNTY,
WISCONSIN, DESCRIBED AS FOLLOWS:
Beginning at the most Northerly corner of said Lot 3; thence S.39°32'08"E. along the
Northeasterly line of said Lot, 10.0 feet; thence S.50°32'26"W. 35.84 feet; thence S.39°27'34"E.
4.0 feet; thence S.50°32'26"W. 51.72 feet; thence N.39°27'34"W. 4.0 feet; thence
S.50°32'26"W. 44.83 feet to the Southwesterly line of said Lot; thence N.39°32'08"W. along said
Southwesterly line, 10.0 feet to the most Westerly corner of said Lot; thence N.50°32'26"E.
along the Northwesterly line of said Lot, 132.39 feet to the place of beginning.
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, whichever shall occur first.
If planned construction is not completed within two (2) years from the date of building permit
issuance for the project, the easement shall also become terminated, 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 compensation 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.