City of Madison - File #: 53369

• File #: 53369
• Version: 1
• Name: 11715 - PLE 3116 Commercial Ave. Alabaster Holdings
• Type: Resolution
• Status: Passed
• File created: 10/3/2018
• In control: Economic Development Division
• On agenda: 11/20/2018
• Final action: 11/20/2018
• Enactment date: 11/26/2018
• Enactment #: RES-18-00789
• Title: Authorizing the City’s acceptance of a Permanent Limited Easement for grading and sloping purposes granted to the City by Alabaster Holdings, LLC over and across a portion of the property located at 3116 Commercial Avenue. (15th A.D.)
• Sponsors: David Ahrens

Date	Ver.	Action By	Action	Result
11/20/2018	1	COMMON COUNCIL	Adopt	Pass
11/7/2018	1	BOARD OF PUBLIC WORKS	RECOMMEND TO COUNCIL TO ADOPT - REPORT OF OFFICER	Pass
11/5/2018	1	PLAN COMMISSION	Return to Lead with the Recommendation for Approval	Pass
10/16/2018	1	BOARD OF PUBLIC WORKS	Refer
10/16/2018	1	COMMON COUNCIL	Refer	Pass
10/3/2018	1	Economic Development Division	Referred for Introduction

Fiscal Note
No City appropriation required.
Title
Authorizing the City’s acceptance of a Permanent Limited Easement for grading and sloping purposes granted to the City by Alabaster Holdings, LLC over and across a portion of the property located at 3116 Commercial Avenue. (15th A.D.)
Body
WHEREAS, Alabaster Holdings, LLC (the “Grantor”) is the owner of the property located at 3116 Commercial Avenue (the “Property”); and

WHEREAS, the Grantor submitted an application to the City of Madison (“City”) for a conditional use to establish a nightclub in an existing building on the Property; and

WHEREAS, during approval by the City, the Grantor and the City agreed that a developer agreement for the project would be waived if the Grantor granted two (2) Permanent Limited Easements for Grading and Sloping Purposes (together, the “Easement”) to allow the City to perform grading and sloping on the Grantor’s lands located outside of the Commercial Avenue and Rethke Avenue public rights-of-way adjacent to the Property, as required for future public works reconstruction projects on said rights-of-way; and

WHEREAS, the Easement is legally described on attached Exhibit A and depicted on attached Exhibit B (the “Easement Areas”); and

WHEREAS, the Office of Real Estate Services will prepare the Easement, to be reviewed and approved by the City’s Engineering Division prior to recording with the Dane County Register of Deeds.

NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Madison hereby authorizes the acceptance of the Easement from the Grantor, at no cost to the City, across a portion of the Property, subject to the following terms and conditions:

1. Construction, Restoration, Repair and Maintenance.

a. The purpose of this Easement is to allow the City to perform grading and sloping on the Grantor’s lands located outside of the existing Commercial Avenue and Rethke Avenue public rights-of-way adjacent to the Property, as required for future public wor...