2018-1526 RESOLUTION NO. 2018-1526
A resolution granting a temporary limited easement for an encroachment for a deck at 11
North Main Street, encroaching City of Janesville-owned public property at 115 North
Main Street.
WHEREAS, the City of Janesville, a Wisconsin Municipal Corporation located in Rock County,
Wisconsin is the owner of property located at 115 North Main Street and grants the temporary
limited easement as described on the attached Exhibit A; and
WHEREAS, Timothy Millis is the owner MM Magoo, LLC, a Wisconsin Limited Liability
Company, owner of real property located at 11 North Main Street, and have requested that the
City of Janesville grant to the property owner a temporary limited easement for an
encroachment over the City's property to the west of and adjoining MM Magoo, LLC property to
allow the encroachment of a deck in the western elevation of 11 North 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 11 North Main Street and the property
owner of 11 North Main Street shall then forthwith remove the deck and all other encroachments
at the owner's expense or upon demolition of the existing building at 11 North 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 deck addition onto 11 North 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 MM Magoo, 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 MM Magoo LLC the temporary,
limited, encroachment easement as described in Exhibit A attached hereto and made a part
hereof; and
RESOLUTION NO. 2018-1526
PAGE 2
BE IT FURTHER RESOLVED that the City Manager and City Clerk-Treasurer 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 MM Magoo, 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: April 9, 2018 Motion by: Consent
Second by: Consent
APPROVED: Councilmember Aye Nay Pass Absent
/A ,a1
_ Conley X
Mark re. ag, City Manager Farrell X
Gruber X
ATT Jorgensen X
Marklein X
Williams X
'avid T. Godek, City lerk-Treasurer Wolfe X
APPROVED AS Tn FnRnn•
Wald Klimczyk, City Attorney
Proposed by: Building Division
Prepared by: City Attorney & Building Division
•
4r.
EXHIBIT A
ATTACHMENT TO RESOLUTION NO. 2018-1526
TEMPORARY LIMITED EASEMENT FOR AN ENCROACHMENT FOR DECK AT 11 North
MAIN STREET
LEGAL DESCRIPTION
Easement Area: The Grantor, City of Janesville, a Wisconsin Municipal Corporation hereby
grants to MM Magoo LLC ("Grantee"), a Wisconsin limited liability company, a 5.9-foot
Temporary Limited non-exclusive easement for an encroachment for a deck on the west side of
an existing building at 11 North Main Street as shown on the approved site plan over the
following described area:
THE NORTHEASTRLY 5.9 FEET OF THE SOUTHWESTERLY 10 FEET OF THE
FOLLOWING DESCRIBED PARCEL:
The Southerly 6 feet of lot 2 and Northerly 16 feet of lot 3, Block 43, 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. 2018-1526:
NOTE: Grantee, its employees, agents, and successors in interest, shall have the right to
maintain, repair and/or replace the deck 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 11 North 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 deck addition onto 11 North Main Street represents a significant investment in the property.
Because the easement is of a temporary nature and because the deck construction 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.