Fiscal Note
The proposed resolution authorizes the first amendment of a Deed of Easement which allows for establishment and ongoing maintenance of Edgewood Drive. The proposed amendments to the Easement are necessary and desirable to fix certain errors in the Easement, to release the City from its responsibility to maintain the lakeside fence line required by the Easement, clarify the City’s responsibility to maintain Campus fence line, and to allow for additional access points from the Edgewood Property to Edgewood Drive in order to improve pedestrian access and neighborhood use. Funding is available in the 2026 Adopted Parks Division's Capital Budget (Munis #17421) to make the necessary to make fencing improvements on the Campus fence and remove the lakeside fence line. No additional appropriation is required.
Title
Authorizing the City to Execute the First Amendment to Deed of Easement Regarding Edgewood Drive. (District 13)
Body
WHEREAS, Edgewood Drive was established as a park and pleasure drive, pursuant to the terms of a Deed of Easement Agreement between the Madison Park & Pleasure Drive Association and St. Clara College, dated March 30, 1904, and recorded March 18, 1905 with the Dane County Register of Deeds as Document No. 203358a. The City is successor to the interests of the Madison Park & Pleasure Drive Association, and Edgewood, Inc. later became the successor to the interest of St. Clara College; and,
WHEREAS, Edgewood, Inc. Incorporated and the City executed a Deed of Easement amending the original agreement regarding Edgewood Drive (the “Easement”), which document was recorded in the Office of the Dane County, Wisconsin Register of Deeds, on May 23, 1997, as Document No. 2855990; and,
WHEREAS, on September 9, 2011 Edgewood, Inc. recorded a Declaration of Condominium for Edgewood Condominium and converted all of the lands subject to the Easement into the Edgewood Condominium Plat (the Condominium Documents), which Condominium Documents depict the Easement and the lands burdened by the Easement. Edgewood Campus School, Inc., Edgewood University, LLC (f/k/a Edgewood College, Inc.), and Edgewood High School of the Sacred Heart, Inc. (hereinafter called the “Grantors”), are the successors in interest to Edgewood, Inc. for the lands burdened by the Easement (the “Edgewood Property”); and,
WHEREAS, Grantors and the City mutually agree that certain amendments to the Easement are necessary and desirable and in the interest of all parties.
NOW, THEREFORE BE IT RESOLVED, that it is in the City’s interest to amend the Easement in order to correct certain errors in the Easement, to release the City from its responsibility to maintain the lakeside fence line required by the Easement while clarifying its responsibility to maintain Campus fence line, and to also allow for additional access points from the Edgewood Property to Edgewood Drive in order to improve pedestrian access and neighborhood use.
BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute the First Amendment to Deed of Easement with Grantors, on terms consistent with the First Amendment attached hereto and in a format approved by the City Attorney.