Fiscal Note
The easement fee of $67,320 shall be deposited into Account No. CL60-78231-810398.
Title
Authorizing the execution of a Private Access Easement Agreement with J.H. Findorff & Sons, Inc. for an easement within Brittingham Park, located at 622 North Shore Drive.
Body
WHEREAS, the City has an ownership interest in the property located at 622 North Shore Drive, being a portion of Brittingham Park (the "City’s Property"), which property was acquired by the City of Madison in 1908 subject to restrictive covenants that the land be used for park and pleasure drive purposes; and
WHEREAS, J.H. Findorff & Sons, Inc. (“Findorff”) is the owner of the adjacent property located at 300 South Bedford Street (the "Findorff Parcel"); and
WHEREAS, in connection with the Findorff Yards Project, Findorff has requested that the City grant Findorff a permanent private access easement and a temporary private access easement over certain portions of the City’s Property; and
WHEREAS, Findorff has established that it has been assigned the original grantor’s rights in the City’s Property, and has agreed to release the restrictive covenant over the City’s Property to allow the granting of these easements; and
WHEREAS, a Private Access Easement Agreement has been negotiated between the Office of Real Estate Services and Findorff; and
WHEREAS, the City Attorney’s Office and the Parks and City Engineering Divisions have reviewed and approve of the Private Access Easement Agreement.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Clerk are hereby authorized to enter into a Private Access Easement Agreement (the “Agreement”) with J.H. Findorff & Sons, Inc. on the following general terms and conditions:
1.) Findorff shall have the right to use the “Access Easement Area,” as described in attached Exhibit A and depicted in attached Exhibit B, for pedestrian and vehicular ingress and egress to and from the Findorff Parcel and the public street known as North Shore Dri...
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