City of Madison - File #: 35693

• File #: 35693
• Version: 1
• Name: 10552 Consent to Occupy Easement 2006 Whenona Drive
• Type: Resolution
• Status: Passed
• File created: 9/30/2014
• In control: BOARD OF PUBLIC WORKS
• On agenda: 11/18/2014
• Final action: 11/18/2014
• Enactment date: 11/24/2014
• Enactment #: RES-14-00796
• Title: Authorizing the Mayor and the City Clerk to execute a Consent to Occupy Easement for the benefit of Prairie Unitarian Universalist Society (“Owner”) to permit existing private improvements within the existing drainage located at 2006 Whenona Drive.
• Sponsors: Maurice S. Cheeks

Date	Ver.	Action By	Action	Result
11/18/2014	1	COMMON COUNCIL	Adopt	Pass
11/5/2014	1	BOARD OF PUBLIC WORKS	RECOMMEND TO COUNCIL TO ADOPT - REPORT OF OFFICER	Pass
10/27/2014	1	PLAN COMMISSION	Return to Lead with the Recommendation for Approval	Pass
10/7/2014	1	BOARD OF PUBLIC WORKS	Refer
10/7/2014	1	COMMON COUNCIL	Referred
9/30/2014	1	Economic Development Division	Referred for Introduction

Fiscal Note
$500 administrative will be deposited into Account No. GN01-78231. Owner to provide $250 with the balance from Stormwater Utility Account ESTM-56290-810389-00-53W1891.
Title
Authorizing the Mayor and the City Clerk to execute a Consent to Occupy Easement for the benefit of Prairie Unitarian Universalist Society (“Owner”) to permit existing private improvements within the existing drainage located at 2006 Whenona Drive.
Body
WHEREAS, the City has storm sewer facilities located within the existing 10-foot wide public Drainage Easement located in Lot 3, Block 12, Second Addition to Crawford Heights, recorded January 20, 1950 in Volume 13, pages 29 and 29A as Document No. 791057, City of Madison, Dane County Wisconsin; and

WHEREAS, During the City’s review of the site and to convert the use of the home to a business annex, it was discovered that a portion of the dwelling unit encroaches into the City Easement (the “Occupancy Area”) as more particularly depicted on the attached Exhibit A. The Owner desires to obtain the consent of the City for that portion of the structure to remain within the City Easement for continued use as permitted by the City of Madison.

WHEREAS, The City is willing to permit the existence of the structure and maintenance of the building by the Owner within the Occupancy Area under the terms and conditions specified herein.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Clerk are hereby authorized to execute a Consent to Occupy Easement for the benefit of Prairie Universalist Society ("Owner") subject to the following terms and conditions:

1. Grant of Permission. The City does hereby grant the property Owner, its successors and assigns, permission to occupy the Occupancy Area for the limited purposes allowing the existing structure to remain within the Occupancy Area for continued use as permitted by the City of Madison (collectively, the “Permitted Improvements”), all in accordance with the site plan which has ...