City of Madison - File #: 07368

• File #: 07368
• Version: 1
• Name: A lease with the Perry J. Schappe Revocable Trust, the owner of property located at 819 E. Washington Ave, to accommodate the existing air space encroachment of a building canopy into the E. Washington Ave public right of way.
• Type: Resolution
• Status: Passed
• File created: 8/28/2007
• In control: BOARD OF PUBLIC WORKS
• On agenda: 10/16/2007
• Final action: 10/16/2007
• Enactment date: 10/18/2007
• Enactment #: RES-07-01036
• Title: Authorizing the Mayor and City Clerk to execute a lease with the Perry J. Schappe Revocable Trust, the owner of property located at 819 East Washington Avenue, to accommodate the existing air space encroachment of a building canopy into the East Washington Avenue public right of way.
• Sponsors: Marsha A. Rummel

Date	Ver.	Action By	Action	Result
10/16/2007	1	COMMON COUNCIL	Adopt	Pass
10/3/2007	1	BOARD OF PUBLIC WORKS	RECOMMEND TO COUNCIL TO ADOPT - REPORT OF OFFICER	Pass
9/17/2007	1	PLAN COMMISSION	Return to Lead with the Recommendation for Approval	Pass
9/4/2007	1	COMMON COUNCIL	Refer
9/4/2007	1	BOARD OF PUBLIC WORKS	Refer
8/29/2007	1	Finance Dept/Approval Group	Approved Fiscal Note By The Comptroller's Office
8/29/2007	1	Community and Economic Development Unit	Referred for Introduction
8/28/2007	1	Community and Economic Development Unit	Fiscal Note Required / Approval

Fiscal Note
Initial annual rent of $85 will be credited to the City General Fund as Rentals and Property Leases revenue. During years 2 though 5, rents shall be subject to adjustment based on any percentage change in land value. After lease year 5, rent shall be subject to a 5% increase every five (5) years.
Title
Authorizing the Mayor and City Clerk to execute a lease with the Perry J. Schappe Revocable Trust, the owner of property located at 819 East Washington Avenue, to accommodate the existing air space encroachment of a building canopy into the East Washington Avenue public right of way.
Body
WHEREAS, the Perry J. Schappe Revocable Trust (the "Owner") is the owner of certain property located at 819 East Washington Avenue (the "Owner's Property"); and

WHEREAS, an engineer's encroachment report prepared in connection with the East Washington Avenue reconstruction project revealed that the building canopy located on the Owner's Property encroaches into the air space of the East Washington Avenue public right of way; and

WHEREAS, it is in the public interest to document and regulate existing encroachments in the public right of way; and

WHEREAS, the Owner desires to enter into an Air Space Lease with the City of Madison to accommodate the encroachment of such building canopy into the public street right of way; and

WHEREAS, the terms of an Air Space Lease have been negotiated between the Owner and the Real Estate Section; and

WHEREAS, the City Attorney's office has reviewed and approved the Air Space Lease as to form.

NOW THEREFORE BE IT RESOLVED that the Mayor and City Clerk are authorized to execute an Air Space Lease with the Perry J. Schappe Revocable Trust (the "Owner") to accommodate the existing air space encroachment of the Owner's building canopy ("Canopy") at 819 East Washington Avenue (the "Owner's Property") into the adjacent East Washington Avenue public right of way, subject to the following terms and conditions:

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