City of Madison - File #: 48800

• File #: 48800
• Version: 1
• Name: 11425 PLE E Washington Ave Sidewalk Easement at Parkside
• Type: Resolution
• Status: Passed
• File created: 9/12/2017
• In control: BOARD OF PUBLIC WORKS
• On agenda: 10/17/2017
• Final action: 10/17/2017
• Enactment date: 10/19/2017
• Enactment #: RES-17-00826
• Title: Authorizing the execution of a Permanent Limited Easement for Public Sidewalk purposes from OTS Enterprises, LLC across a portion of the property located at 1745 Parkside Drive.
• Sponsors: Samba Baldeh

Date	Ver.	Action By	Action	Result
10/17/2017	1	COMMON COUNCIL	Adopt	Pass
10/4/2017	1	BOARD OF PUBLIC WORKS	RECOMMEND TO COUNCIL TO ADOPT - REPORT OF OFFICER	Pass
10/2/2017	1	PLAN COMMISSION	Return to Lead with the Recommendation for Approval	Pass
9/19/2017	1	BOARD OF PUBLIC WORKS	Referred
9/19/2017	1	COMMON COUNCIL	Refer	Pass
9/12/2017	1	Economic Development Division	Referred for Introduction

Fiscal Note
The proposed resolution authorizes acceptance of a Permanent Limited Easement for public sidewalk purposes. No City appropriation is required.
Title
Authorizing the execution of a Permanent Limited Easement for Public Sidewalk purposes from OTS Enterprises, LLC across a portion of the property located at 1745 Parkside Drive.
Body
WHEREAS, OTS Enterprises, LLC (the “Owner”) owns the property located at 1745 Parkside Drive (the “Property”); and

WHEREAS, the Owner submitted a site plan prepared by Ayres Associates on August 8, 2017 to the City of Madison (“the “City”) and is requesting approval for improvements to the Property’s existing building and site; and

WHEREAS, during the Permitted Use Site Plan Review by the City, an existing public sidewalk was determined to be encroaching upon a portion of the Owner’s Property adjacent to the E. Washington Avenue right-of-way; and

WHEREAS, as a condition of site plan approval, the City requires and easement from the Owner for legal access to the sidewalk on the Property for future repair and/or or replacement; and

WHEREAS, the Owner agreed to grant a Permanent Limited Easement for Public Sidewalk purposes to the City, at no cost to the City, to allow the City to access the public sidewalk for any future repair and/or replacement.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Clerk are hereby authorized to execute a Permanent Limited Easement for Public Sidewalk purposes from OTS Enterprises, LLC, across a portion of the property located at 1745 Parkside Drive. Said easement area is depicted on attached Exhibit A and legally described as follows:

Part of Lot One (1) and Lot Two (2), Melvin A. Randall Plat recorded in Volume 43 of Plats, page 4, as Document No. 763928, being located in a part of the Southwest 1/4 of the Southeast 1/4 and also the Southeast 1/4 of the Southwest 1/4, all in Section 28, Township 8 North, Range 10 East, in the City of Madison, Dane County, Wisconsin more par...