City of Madison - File #: 29726

• File #: 29726
• Version: 1
• Name: 10137 Dean Health Sidewalk & Fiber Easement
• Type: Resolution
• Status: Passed
• File created: 4/8/2013
• In control: BOARD OF PUBLIC WORKS
• On agenda: 4/30/2013
• Final action: 4/30/2013
• Enactment date: 5/3/2013
• Enactment #: RES-13-00321
• Title: Authorizing the execution of a Non-Exclusive Permanent Limited Easement for private sidewalk and fiber optic cable purposes to Dean Health Plan Inc. and Newcomb Properties, LLC across City Stormwater Utility Parcel 533 located at 8308 Excelsior Drive.
• Sponsors: Paul E. Skidmore

Date	Ver.	Action By	Action	Result
4/30/2013	1	COMMON COUNCIL	Adopt	Pass
4/22/2013	1	PLAN COMMISSION	Return to Lead with the Recommendation for Approval	Pass
4/17/2013	1	BOARD OF PUBLIC WORKS	RECOMMEND TO COUNCIL TO ADOPT - REPORT OF OFFICER
4/17/2013	1	BOARD OF PUBLIC WORKS	Referred
4/16/2013	1	COMMON COUNCIL	Refer	Pass
4/8/2013	1	Economic Development Division	Referred for Introduction

Fiscal Note
$500.00 Administrative Fee to be deposited into Account No. GN01-78231.
Title
Authorizing the execution of a Non-Exclusive Permanent Limited Easement for private sidewalk and fiber optic cable purposes to Dean Health Plan Inc. and Newcomb Properties, LLC across City Stormwater Utility Parcel 533 located at 8308 Excelsior Drive.
Body
WHEREAS, Dean Health Plan Inc. (“Dean”) owns the property located at 1277 Deming Way, and Newcomb Properties LLC (“Newcomb”) owns the property located at 1242 Fourier Drive, both properties being located adjacent to the City of Madison Stormwater Utility Parcel 533 (“City Parcel”) at 8308 Excelsior Drive; and

WHEREAS, Newcomb is constructing a new office building for Dean at 1242 Fourier Drive, and Dean and Newcomb wish to construct a private sidewalk across the City Parcel to connect the Dean Property and the Newcomb Property, and also install a private fiber optic cable connection in the same area; and

WHEREAS, in order to install and maintain the sidewalk and fiber optic cable, Dean and Newcomb requires a Nonexclusive Permanent Limited Easement for private sidewalk and fiber optic cable purposes across the City Parcel located at 8308 Excelsior Drive; and

WHEREAS, City of Madison Engineering Division staff have reviewed and approve of the Permanent Limited Easement for the private sidewalk and fiber optic cable installations.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Clerk are hereby authorized to execute a Nonexclusive Permanent Limited Easement for private sidewalk and fiber optic cable purposes (the “Easement”), to Dean Health Plan Inc. and Newcomb Properties LLC (the “Grantees”) within the City of Madison Stormwater Utility Parcel 533 at 8308 Excelsior Drive, as more particularly described below and depicted on attached Exhibit A.


BE IT STILL FURTHER RESOLVED that the Easement shall be granted subject to the following conditions:

a. Construction. The Grantees shall be responsible for all co...