City of Madison - File #: 06843

• File #: 06843
• Version: 1
• Name: Accepting a 25-foot wide Access Easement from Spirit SPE Portfolio 2006-1, LLC across property located at 2602 Shopko Drive.
• Type: Resolution
• Status: Passed
• File created: 6/26/2007
• In control: BOARD OF PUBLIC WORKS
• On agenda: 9/4/2007
• Final action: 9/4/2007
• Enactment date: 9/8/2007
• Enactment #: RES-07-00868
• Title: Accepting a 25-foot wide Access Easement from Spirit SPE Portfolio 2006-1, LLC across property located at 2602 Shopko Drive.
• Sponsors: Larry Palm

Date	Ver.	Action By	Action	Result
9/4/2007	1	COMMON COUNCIL	Adopt	Pass
8/8/2007	1	BOARD OF PUBLIC WORKS	RECOMMEND TO COUNCIL TO ADOPT - REPORT OF OFFICER	Pass
7/23/2007	1	PLAN COMMISSION	Return to Lead with the Recommendation for Approval	Pass
7/3/2007	1	COMMON COUNCIL	Refer
7/3/2007	1	BOARD OF PUBLIC WORKS	Refer
6/27/2007	1	Finance Dept/Approval Group	Approved Fiscal Note By The Comptroller's Office
6/27/2007	1	Community and Economic Development Unit	Referred for Introduction
6/26/2007	1	Community and Economic Development Unit	Fiscal Note Required / Approval

Fiscal Note
Funds for the easement acquisition cost of $2,000 are available in Account No ESTM-54510-562200.
Title
Accepting a 25-foot wide Access Easement from Spirit SPE Portfolio 2006-1, LLC across property located at 2602 Shopko Drive.
Body
WHEREAS, SPE Portfolio 2006-1, LLC is the owner of the property located at 2602 Shopko Drive, described as Lot 1, Certified Survey Map 3903 (the "Grantor's Parcel"); and

WHEREAS, there exist various public sanitary sewer and water main easements (collectively, the "Platted Easements"), created by said Certified Survey Map 3903 and contained within the Grantor's Parcel; and

WHEREAS, due to site constraints, the City is currently unable to gain vehicular and pedestrian access to the Platted Easements and to the existing storm water drainage ditch (the "Ditch") directly north of, and adjacent to the Grantor's Parcel; and

WHEREAS, the City has requested that the Grantor provide an access easement across a portion of the Grantor's Parcel to provide the City access to the Platted Easements and to the Ditch; and

WHEREAS, the Grantor has offered the requested access easement to the City of Madison for a one-time payment of $2,000; and

WHEREAS, the City of Madison Engineering Division has reviewed and recommends the acceptance of the access easement.

NOW, THEREFORE, BE IT RESOLVED that the City of Madison is hereby authorized to accept from SPE Portfolio 2006-1, LLC (the "Grantor"), in consideration of a one-time payment to the Grantor of $2,000, a 25-foot wide Permanent Limited Non-Exclusive Access Easement ("Access Easement") on the following terms and conditions:

1. The purpose of the Access Easement is to provide the City with ingress and egress for motor vehicles, construction equipment and pedestrians in the "Access Easement Area," as described below and depicted on attached Exhibit A, to enable the City, its employees and agents, to perform work related to the construction, inspection, maintenan...