Fiscal Note
No expenditure required.
Title
Authorizing the execution of a Permanent Limited Easement to the Board of Regents of the University of Wisconsin System for access and maintenance purposes of the UW-Arboretum Pond No. 4 across City-owned land, located at 2160 Fish Hatchery Road.
Body
WHEREAS, the University of Wisconsin ("UW") and the City of Madison are sponsoring a program to address the storm water drainage problems in and around the UW Arboretum; and
WHEREAS, the retention pond located in the Arboretum, aka Pond No. 4, has failed and is undersized for the amount of drainage received from an approximate 230-acre Arboretum and Carver-Martin neighborhood watershed, which is generally located west of Fish Hatchery Road and north of West Badger Road; and
WHEREAS, the UW has proposed the reconstruction and expansion of UW Pond No. 4, creating 6.5-acre wet detention pond with a 4.5-acre normal pool, which will help remove runoff and reduce flooding; and
WHEREAS, the UW has requested an easement across a City-owned parcel located at 2160 Fish Hatchery Road to accommodate access and maintenance of the proposed pond; and
WHEREAS, the City of Madison Engineering Division staff have reviewed and approve of the granting of such easement.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Clerk are hereby authorized to execute an Permanent Limited Easement for Access and Maintenance Purposes ("Easement") to the Board of Regents of the University of Wisconsin System ("UW"), on the following terms and conditions:
1. The UW shall construct and maintain a path to access and maintain UW Pond No. 4, within the Easement area, in accordance with plans to be approved by the City Engineering Division.
2. The access path shall be constructed within the Easement area, more particularly described below and depicted on attached Exhibit A
3. Any repair, maintenance or replacement of the access path shall be the UW's sole responsibility. Maintenance responsibilities shall include, but not be limited to, paving, repaving, repairing, and marking.
4. The City reserves the right to use and occupy the Easement area in a manner consistent with the Easement, provided that such use and occupancy shall not interfere with or disturb the UW's use of the Easement area. No buildings or structures of any kind shall be built over the Easement area.
5. Following construction of the access path by the UW, no grade change to the Easement area shall be made by either party without the prior written approval of the other party.
6. The Easement shall continue for so long as the UW Pond No. 4 is in use, and in the event and to the extent that the UW Pond No. 4 shall be removed or abandoned then the Easement shall terminate and the UW will execute and deliver to the City such document(s) as may be requested for the purpose of further evidencing the termination of the Easement.
Legal Description of the City's Property and Easement Area:
A strip of land 25.0 feet in width, being part of the Northeast Quarter of Section 34, Town 7 North, Range 9 East, City of Madison, Dane County, Wisconsin, the North west line of which is more fully described as follows:
Commencing at the northeast corner of the Southeast Quarter of the Northeast Quarter of said Section 34; Thence South 73.0 feet along the East line of the Southeast Quarter of the Northeast Quarter of said Section 34 to its point of intersection with the Northwest line of the Chicago and Northwestern Transportation Company's right of way (now known as the Union Pacific Railroad Company) and the point of beginning of the Northwest line of the 25.0 foot strip of land to be described; Thence South 51°35'55" West, 1,275.0 feet along the said Northwest right of way line to the end of the described Northwest line of the 25.0 foot strip of land.
Subject to existing rights of the railroad in and to the use of an existing spur track and other existing utilities and easements within said described lands.