City of Madison - File #: 39092

• File #: 39092
• Version: 1
• Name: 10798 Kapinus Lorena Pkwy Easement Release
• Type: Resolution
• Status: Passed
• File created: 6/29/2015
• In control: BOARD OF PUBLIC WORKS
• On agenda: 7/21/2015
• Final action: 7/21/2015
• Enactment date: 7/22/2015
• Enactment #: RES-15-00627
• Title: Executing a Consent to Occupy Easement and authorizing the Mayor and the City Clerk to grant a Partial Release of Public Storm and Sanitary Sewer Easement for the benefit of James N. Kapinus to permit certain private improvements within the existing Public Storm and Sanitary Sewer Easement on the property located at 913 Lorena Parkway.
• Sponsors: Sheri Carter

Date	Ver.	Action By	Action	Result
7/21/2015	1	COMMON COUNCIL	Adopt	Pass
7/13/2015	1	PLAN COMMISSION	Return to Lead with the Recommendation for Approval	Pass
7/8/2015	1	BOARD OF PUBLIC WORKS	RECOMMEND TO COUNCIL TO ADOPT - REPORT OF OFFICER	Pass
7/7/2015	1	BOARD OF PUBLIC WORKS	Refer
7/7/2015	1	COMMON COUNCIL	Referred	Pass
6/29/2015	1	Economic Development Division	Referred for Introduction

Fiscal Note
No fiscal impact.
Title
Executing a Consent to Occupy Easement and authorizing the Mayor and the City Clerk to grant a Partial Release of Public Storm and Sanitary Sewer Easement for the benefit of James N. Kapinus to permit certain private improvements within the existing Public Storm and Sanitary Sewer Easement on the property located at 913 Lorena Parkway.
Body
WHEREAS, the City of Madison (the “City”) has a Public Storm and Sanitary Sewer Easement (the “Easement”) for existing storm and sanitary sewer facilities (“Facilities), located along the westerly property line of Lot 1, plat of Hickory Edge, City of Madison, Dane County Wisconsin; and

WHEREAS, James N. Kapinus is the owner of the property at 913 Lorena Parkway (the “Owner”), being located on Lot 1, plat of Hickory Edge, City of Madison, Dane County Wisconsin; and

WHEREAS, during the City’s review of a building permit, it was discovered that there is an existing house foundation, boulder retaining wall, fencing, and concrete block (collectively, “Private Improvements”) that encroach into the City’s existing Easement, as legally described below and depicted on the attached Exhibit A (the “Easement Area”); and

WHEREAS, the Owner was informed of said encroachments by the City, and the Owner has requested a Consent to Occupy Easement from the City to legally permit the Owner’s Private Improvements within the Easement Area; and

WHEREAS, the City of Madison Engineering Division has reviewed and approves both the granting of a Partial Release of Public Storm and Sanitary Sewer Easement (“Release”) for the existing foundation to remain, as well as the execution of a Consent to Occupy Easement (“Consent”) for the Owner’s Private Improvements that encroach into the Easement Area, as legally described below and depicted on the attached Exhibit A (the “Consent Area”), under the terms and conditions specified therein.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Clerk are hereby au...