Fiscal Note
This resolution authorizes easements and maintenance agreements for property located near a path planned for Door Creek Park. If eligible property owners wish the installation of a fence, the Parks Division will cover the cost of installation of fencing along the park portion of the property. The estimated total cost for fencing installation is estimated at $18,000, and is available in "Parks Facility Improvements", Account #810397. Total costs may be somewhat less, if for some reason a property owner does not wish to have the fence installed. Ongoing maintenance would be the responsibility of the property owner.
Title
Accepting Fence Easements and authorizing Maintenance Agreements from the owners of Lots 232 thru 237, First Addition to the Meadowlands across properties located at Littlemore Court.
Body
WHEREAS, Several platted lots located in the First Addition to the Meadowlands Plat are encumbered with a public pedestrian trail easement ("Easement"), which is located across the rear portion of the affected lots on Littlemore Court; and
WHEREAS, the Easement is part of a larger public trail system within Door Creek Park, located in the Door Creek subdivision; and
WHEREAS, the owners of the platted lots on Littlemore Court ("Owners"), adjacent to Door Creek Park, requested that the City install fencing along the rear lot lines of the platted lots to deter path users from crossing through their properties to access the public trail system; and
WHEREAS, the City Parks Division agreed to install the fencing, at no cost to the owners, in compliance with the subdivision covenants which governs the type of fencing that can be installed; and
WHEREAS, because the fence cannot be constructed entirely on public property due to the topography of the area and the subdivision covenants require a fence of greater aesthetic value than would otherwise be constructed by the City, an easement from the Owners will have to be obtained for the construction and placement of the fence on private property, and a maintenance agreement will have to be entered with the Owners wherein they agree to maintain the fence during its projected 30-year lifetime; and
WHEREAS, the fence construction and easement conveyances will create three small lot remnants on Lots 233, 234 and 235, which may be deeded over to the City, at no cost to the City, by the Owners of said lots; and
WHEREAS, the Owners and the City's Parks Division have negotiated terms and conditions for a fencing easements, maintenance agreements, and remnant conveyances, to allow for the installation, repair and maintenance of the fencing along the rear lots lines of the platted lots on Littlemore Court including the following:
1) Conveyance from Owners to the City of a limited term fencing easement to allow placement of the fence on Owners' property, the easement to expire and the ownership of the fence to transfer to the Owners at the earliest of either the mutual agreement of the parties, the nature lifetime of the fence or 30-years; and,
2) Individual maintenance agreements between the Owners and the City imposing maintenance responsibilities for the fence on the Owners.
3) Conveyance from the Owners of Lots 233, 234 and 235 of three small lot remnants created by the fence installation and easement areas, at no cost to the City, from said Lots.
NOW, THEREFORE, BE IT RESOLVED that the Common Council hereby authorizes the Mayor and City Clerk to accept the limited term fencing easements ("Easements"), enter into maintenance agreements ("Agreements") and accept warranty deeds for three lot remnants areas, from with the owners of the platted lots on Littlemore Court ("Owners") for the installation, maintenance and repair of a fence along the rear lot lines of Lots 232-237, First Addition to the Meadowlands, adjacent to Door Creek Park, as shown on the attached site plan, on the following general terms and conditions:
1. The location of the fencing shall be generally as depicted on the attached site plan. Prior to installation, the Owners and the City shall mutually agree on the design and specifications for the fencing, in compliance with the covenants for the plat of First Addition to the Meadowlands; and fully execute individual Agreements for said fencing.
2. Each owner desiring the installation of a fence along Door Creek Park shall execute the easements and Agreement within thirty (30) days of the passage of this resolution, which documents shall be recorded with the Dane County Register of Deeds. The City will have no obligation to extend this proposal to present or future Owners beyond this time period.
3. The City shall be the sole and complete owner of the fencing during the duration of the limited term fencing easement. Upon the expiration of the easement and Agreement, the ownership of any remaining fencing shall revert to the fee owner of the individual lots. The limited term fencing easement shall expire at the earliest of either the mutual agreement of the parties, the natural lifetime of the fence, or 30-years. Pursuant to the Maintenance Agreement, the Owners shall have maintenance responsibilities for the fence during the duration of the limited term fencing easement. However, the City shall have the right to maintain and repair the fencing, if need be, and charge the adjacent owner for any reasonable costs related to said maintenance or repairs as a special charge for current services against the property, upon the terms and conditions set forth in the Agreement.
4. The Owners of Lots 233-237, First Addition to the Meadowlands may convey and the City shall accept limited term fence easements for the purpose of installation of the fence on private property.
5. The Owners of Lots 233, 234 and 235 may convey to the City and the City shall accept, at no cost to the City, warranty deeds for the lands contained with the platted pedestrian trail easements encumbering these three lots.
Individual Parcel Information:
Tax Parcel Nos.: 251-0710-014-0217-3 Lot 232 1 Littlemore Court
251-0710-014-0218-1 Lot 233 9 Littlemore Court
251-0710-014-0219-9 Lot 234 17 Littlemore Court
251-0710-014-0220-6 Lot 235 18 Littlemore Court
251-0710-014-0221-4 Lot 236 10 Littlemore Court
251-0710-014-0222-2 Lot 237 2 Littlemore Court
Description of the Owners Properties
:
The following described property, being located in the Northwest ¼ of the Southeast ¼, Section 1, T7N, R10 E, City of Madison, Dane County, Wisconsin:
Lots 232, 233, 234, 235, 236, and 237, First Addition to the Meadowlands
Description of the Easement/Maintenance Areas
Limited Term Fence Easements and Maintenance Areas on Lots 232-237:
Lot 232 (Address 1 Littlemore Ct)
A 5-foot wide strip along the southwesterly line of Lot 232, First Addition to the Meadowlands, recorded as Document No. 4118815, Dane County Registry, in the City of Madison, Dane County, Wisconsin, described as follows [point numbers refer to exhibit map]:
Beginning at the northwest corner of Lot 232 [Point 28];
thence N63°37'25"E, 5.24 ft along the northerly line of Lot 232 [Point 29];
thence S43°48'54"E, 68.13 ft to the southeasterly line of Lot 232 [Point 27];
thence S63°37'25"W, 5.24 ft along the southeasterly line of Lot 232 to the southwest corner of Lot 232 [Point 26];
thence N43°48'54"W, 68.13 ft along the southwesterly line of Lot 232 to the point of beginning [Point 28].
Containing 341 square feet or 0.0078 acres, more or less.
Lot 233 (Address 9 Littlemore Ct)
A 5-foot wide strip within Lot 233, First Addition to the Meadowlands, recorded as Document No. 4118815, Dane County Registry, in the City of Madison, Dane County, Wisconsin, described as follows [point numbers refer to exhibit map]:
Commencing at the southeast corner of Lot 233 [Point 6];
thence N25°43'49"E, 12.78 ft along the southeasterly line of Lot 233 to the point of beginning [Point 7];
thence N79°38'00"W, 23.97 ft along the northerly line of an existing Pedestrian Trail Easement per First Addition to the Meadowlands plat to an angle point [Point 4];
thence N89°07'00"W, 18.25 ft along said northerly easement line to the southwesterly line of Lot 233 [Point 2];
thence N43°48'54"W, 104.63 ft along the southwesterly line of Lot 233 to the west corner of Lot 233 [Point 26];
thence N63°37'25"E, 5.24 ft along the northwesterly line of Lot 233 [Point 27];
thence S43°48'54"E, 100.97 ft [Point 1];
thence S89°07'00"E, 16.58 ft [Point 5];
thence S79°38'00"E, 25.76 ft to the southeasterly line of Lot 233 [Point 8];
thence S25°43'49"W, 5.19 ft to the point of beginning [Point 7].
Containing 725 square feet or 0.0166 acres, more or less.
Lot 234 (Address 17 Littlemore Ct)
A 5-foot wide strip within Lot 234, First Addition to the Meadowlands, recorded as Document No. 4118815, Dane County Registry, in the City of Madison, Dane County, Wisconsin, described as follows [point numbers refer to exhibit map]:
Commencing at the southwest corner of Lot 234 [Point 6];
thence N25°43'49"E, 12.78 ft along the northwesterly line of Lot 234 to the northerly line of an existing Pedestrian Trail Easement per First Addition to the Meadowlands plat and the point of beginning [Point 7];
thence N25°43'49"E, 5.19 ft along the northwesterly line of Lot 234 [Point 8];
thence S79°38'00"E, 48.01 ft to an angle point [Point 10];
thence S75°27'00"E, 94.23 ft to the northeasterly line of Lot 234 [Point 12];
thence S19°56'24'E, 6.07 ft along the northeasterly line of Lot 234 to the northerly line of an existing Pedestrian Trail Easement per First Addition to the Meadowlands plat [Point 13];
thence N75°27'00"W, 97.48 ft along said northerly easement line to an angle point in the southerly line of Lot 234 [Point 9];
thence N79°38'00"W, 49.20 ft along said northerly easement line to the point of beginning [Point 7].
Containing 723 square feet or 0.166 acres, more or less.
Lot 235 (Address 18 Littlemore Ct)
A 5-foot wide strip within Lot 235, First Addition to the Meadowlands, recorded as Document No. 4118815, Dane County Registry, in the City of Madison, Dane County, Wisconsin, described as follows [point numbers refer to exhibit map]:
Beginning at the northeast corner of Lot 235 [Point 19];
thence S07°17'11"W, 140.55 ft along the easterly line of Lot 235 to the northerly line of an existing Pedestrian Trail Easement per First Addition to the Meadowlands plat [Point 16];
thence N75°27'00"W, 47.19 ft along said northerly easement line to the southwesterly line of Lot 235 [Point 13];
thence N19°56'24"W, 6.07 ft along the southwesterly line of Lot 235 [Point 12];
thence S75°27'00"E, 44.95 ft [Point 15];
thence N07°17'11"E, 136.44 ft to the northeasterly line of Lot 235 [Point 18];
thence S65°20'18"E, 5.24 ft along the northeasterly line of Lot 235 to the point of beginning [Point 19].
Containing 923 square feet or 0.0212 acres, more or less.
Lot 236 (Address 10 Littlemore Ct)
A 5-foot wide strip along the easterly line of Lot 236, First Addition to the Meadowlands, recorded as Document No. 4118815, Dane County Registry, in the City of Madison, Dane County, Wisconsin, described as follows [point numbers refer to exhibit map]:
Beginning at the southeast corner of Lot 236 [Point 19];
thence N65°20'18"W, 5.24 ft along the southwesterly line of Lot 236 [Point 18];
thence N07°17'11"E, 100.80 ft [point 20];
thence N24°31'16"W, 14.64 ft to the northerly line of Lot 236 [Point 22];
thence N72°36'26"E, 5.05 ft along the northerly line of Lot 236 to the northeast corner of Lot 236 [Point 23];
thence S24°31'16"E, 15.44 ft along the easterly line of Lot 236 to an angle point [Point 21];
thence S07°17'11"W, 103.79 ft along the easterly line of Lot 236 to the point of beginning [Point 19].
Containing 587 square feet or 0.0135 acres, more or less.
Lot 237 (Address 2 Littlemore Ct)
A 5-foot wide strip along the easterly line of Lot 237, First Addition to the Meadowlands, recorded as Document No. 4118815, Dane County Registry, in the City of Madison, Dane County, Wisconsin, described as follows [point numbers refer to exhibit map]:
Beginning at the northeast corner of Lot 237 [Point 25];
thence S24°31'16"E, 65.50 ft along the easterly line of Lot 236 to the southeast corner of Lot 237 [Point 23];
thence S72°36'26"W, 5.05 ft along the southerly line of Lot 237 [Point 22];
thence N24°31'16"W, 65.50 ft to the northerly line of Lot 237 [Point 24];
thence N72°36'26"E, 5.05 ft along the northerly line of Lot 237 to the point of beginning [Point 25].
Containing 328 square feet or 0.0075 acres, more or less.
Description of the platted easement areas to be conveyed to the City
Fee Conveyances from Lots 233, 234 and 235:
Land Transfer from Lot 233 (Address 9 Littlemore Ct)
Part of Lot 233, First Addition to the Meadowlands, recorded as Document No. 4118815, Dane County Registry, in the City of Madison, Dane County, Wisconsin, described as follows [point numbers refer to exhibit map]:
Beginning at the southeast corner of Lot 233 [Point 6];
thence S87°10'35"W, 19.91 ft along the southerly line of Lot 233 to the southwesterly line of Lot 233 [Point 3];
thence N43°48'54"W, 23.68 ft along the southwesterly line of Lot 233 to the northerly line of an existing Pedestrian Trail Easement per First Addition to the Meadowlands plat [Point 2];
thence S89°07'00"E, 18.25 ft along said northerly easement line to an angle point [Point 4];
thence S79°38'00"E, 23.97 ft along said northerly easement line to the southeasterly line of Lot 233 [Point 7];
thence S25°43'49"W, 12.78 ft along the southeasterly line of Lot 233 to the point of beginning [Point 6].
Containing 467 square feet or 0.0107 acres, more or less.
Land Transfer from Lot 234 (Address 17 Littlemore Ct)
Part of Lot 234, First Addition to the Meadowlands, recorded as Document No. 4118815, Dane County Registry, in the City of Madison, Dane County, Wisconsin, described as follows [point numbers refer to exhibit map]:
Beginning at the southwest corner of Lot 234 [Point 6];
thence N25°43'49"E, 12.78 ft along the northwesterly line of Lot 234 to the northerly line of an existing Pedestrian Trail Easement per First Addition to the Meadowlands plat [Point 7];
thence S79°38'00"E, 49.20 ft along said northerly easement line to an angle point in the southerly line of Lot 234 [Point 9];
thence S75°27'00"E, 97.48 ft along said northerly easement line to the northeasterly line of Lot 234 [Point 13];
thence S19°56'24'E, 17.25 ft along the northeasterly line of Lot 234 to the southeast corner of Lot 234 [Point 14];
thence N62°44'13"W, 30.81 ft along the southerly line of Lot 234 to an angle point [Point 11];
thence N69°56'46"W, 77.55 ft along the southerly line of Lot 234 to an angle point [Point 9];
thence S87°10'35"W, 54.01 ft to the point of beginning [Point 6];
Containing 846 square feet or 0.0194 acres, more or less.
Land Transfer from Lot 235 (Address 18 Littlemore Ct)
Part of Lot 235, First Addition to the Meadowlands, recorded as Document No. 4118815, Dane
County Registry, in the City of Madison, Dane County, Wisconsin, described as follows
[point numbers refer to exhibit map]:
Beginning at the southeast corner of Lot 235 [Point 17];
thence N62°44'13"W, 41.41 ft along the southerly line of Lot 235 to the southwest corner of Lot 235 [Point 14];
thence N19°56'24"W, 17.25 ft along the southwesterly line of Lot 235 to the northerly line of an existing Pedestrian Trail Easement per First Addition to the Meadowlands plat [Point 13];
thence S75°27'00"E, 47.19 ft along said northerly easement line to the easterly line of Lot 235 [Point 16];
thence S07°17'11"W, 23.52 ft to the point of beginning [Point 17].
Containing 793 square feet or 0.0182 acres, more or less.