Fiscal Note
No expenditure required.
Title
Authorizing the execution of an easement to the County of Dane for public pedestrian/bicycle path purposes across lands within Glacier Crossing Park, located at 3702 Ice Age Drive.
Body
WHEREAS, the County of Dane ("County") desires to construct, at its sole cost and expense, a segment of the public pedestrian/bicycle path known as the Ice Age Junction Area Trail ("IAJA Trail") within Glacier Crossing Park for the purposes of connecting the IAJA Trail with the Military Ridge Trail and creating a spur trail to connect to Ice Age Drive; and
WHEREAS, the County has requested an easement across portions of Glacier Crossing Park to accommodate such path; and
WHEREAS, the City of Madison Parks Division and Traffic 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 Easement for Public Pedestrian/Bicycle Purposes ("Easement") to the County of Dane ("County"), on the following terms and conditions:
1. The County shall construct the Path in accordance with plans to be approved by the City Traffic Engineer and City Park Superintendent.
2. The 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 Path shall be the County's sole responsibility. Maintenance responsibilities shall include, but not be limited to, paving, repaving, repairing, and marking. The City shall be responsible for mowing of the Easement Area. Notwithstanding the foregoing, the City shall be responsible for any repair, maintenance or replacement of the "City Spur Trail" portion of the Path as designated on Exhibit A.
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 County's use of the Easement Area. No buildings or structures of any kind shall be built over the Easement Area, except trail amenities as approved by the City and County
5. Following construction of the Path by the County, 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 Path is in use, and in the event and to the extent that the Path shall be removed or abandoned then the Easement shall terminate and the County 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:
Outlot 7, The Crossing, and Outlot 9, Heather Glen Addition to the Crossing, City of Madison, Dane County, Wisconsin.
Legal Description of the Easement Area Located Within the City's Property:
Parcel 1:
A parcel of land located in the Southeast quarter of the Southwest quarter (SE ¼-SW ¼) of Section 11,
T.6.N., R.8.E. in the City of Madison, Dane County, State of Wisconsin, as described as follows:
Commencing at the East quarter corner of Section 11, T.6.N., R.8.E., thence N89°19'34"W, 2646.07 feet; thence N00°43'04"E, 1.23 feet; thence N89°17'56"W, 742.89 feet; thence S00°33'28"W, 1622.25 feet; to the point of beginning; thence along a curve to the right having a radius of 1020 feet with a chord bearing S05°12'55"E, 122.63 feet; thence S01°46'08"E, 405.18 feet; thence N89°44'10"W, 28.79 feet; thence N00°33'28"E, 527.00 feet to the point of beginning.
Said parcel contains 0.212 acre more or less.
All bearings are referenced to Crossing Plat, Vol 57-107B, page 417 as recorded with the Dane County Register of Deeds.
Parcel 2:
A parcel of land located in the Southeast quarter of the Southwest quarter (SE ¼-SW ¼) of Section 11, T.6.N., R.8.E. in the City of Madison, Dane County, State of Wisconsin, as described as follows:
Commencing at the Southeast corner of said Section 11, T.6.N., R.8.E.; thence N89°25'26"W, 2657.24 feet; thence N89°44'10"W, 773.45 feet; thence N00°33'28"E, 59.50 feet to the point of beginning; thence N00°33'28"E, 440.51 feet; thence S89°44'10"E, 28.69 feet; thence S01°46'08"E, 440.68 feet; thence N89°51'42"W, 46.58 feet to the point of beginning.
Said parcel contains 0.381 acre more or less.
All bearings are referenced to the Heather Glen Plat, Vol 58-035B, page 191 as recorded with the Dane County Register of Deeds.
Parcel 3:
A parcel of land located in the Northwest quarter of the Southwest quarter (NW ¼-SW1/4) of Section 11, T.6.N., R.8.E. in the City of Madison, Dane County, State of Wisconsin described as follows:
Commencing at the East quarter corner of said Section 11, T.6.N., R.8.E.; thence N89°19'34"W, 2646.07 feet; thence N00°43'04"E, 1.23 feet; thence N89°17'56"W, 742.89 feet; thence S00°33'28"W, 714.55 feet to the point of beginning; thence along a curve to the right having a radius of 195 feet with a chord bearing S49°11'55"E, 139.67 feet; thence N50°04'43"E, 300.53 feet; thence along a curve to the left having a radius of 450 feet with a chord bearing S41°46'58"E, 40.02 feet; thence S50°04'43"W, 314.75 feet; thence along a curve to the right having a radius of 195 feet with a chord bearing S09°04'48"W, 164.32 feet; thence S33°59'57"W, 134.00 feet; thence along a curve to the left having a radius of 180 feet with a chord bearing S28°39'21"W, 33.52 feet; thence S23°18'46"W, 22.66 feet; thence N00°33'28"E, 85.87 feet; thence N33°59'57"E, 117.99 feet; thence along a curve to the left having a radius of 155.00 feet with a chord bearing N15°27'48"W, 235.59 feet; thence N00°33'28"E, 43.06 feet to the point of beginning.
Said parcel contains 0.706 acre more or less.
All bearings are referenced to the Crossings Plat, Vol 57-107B, page 417 as recorded with the Dane County Register of Deeds.