City of Madison - File #: 10508

• File #: 10508
• Version: 1
• Name: 4429 2nd Amendment to Easement
• Type: Resolution
• Status: Passed
• File created: 5/14/2008
• In control: BOARD OF PUBLIC WORKS
• On agenda: 5/20/2008
• Final action: 6/17/2008
• Enactment #: RES-08-00643
• Title: Authorizing the execution of a Second Amendment to Easement pertaining to a Public Utility Easement from the City to Wisconsin Bell, Inc., d/b/a AT&T Wisconsin, within Nakoma Park located at 3800 Nakoma Road.
• Sponsors: Brian L. Solomon

Date	Ver.	Action By	Action	Result
6/17/2008	1	COMMON COUNCIL	Adopt	Pass
6/11/2008	1	BOARD OF PARK COMMISSIONERS	RECOMMEND TO COUNCIL TO ADOPT - REPORT OF OFFICER	Pass
6/4/2008	1	BOARD OF PUBLIC WORKS	Return to Lead with the Recommendation for Approval	Pass
6/2/2008	1	PLAN COMMISSION	Return to Lead with the Recommendation for Approval	Pass
5/20/2008	1	BOARD OF PARK COMMISSIONERS	Refer
5/20/2008	1	BOARD OF PARK COMMISSIONERS	Refer
5/20/2008	1	COMMON COUNCIL	Refer
5/14/2008	1	Community and Economic Development Unit	Referred for Introduction

Fiscal Note
No budgetary or fiscal impact.
Title
Authorizing the execution of a Second Amendment to Easement pertaining to a Public Utility Easement from the City to Wisconsin Bell, Inc., d/b/a AT&T Wisconsin, within Nakoma Park located at 3800 Nakoma Road.
Body
WHEREAS, the City of Madison and Wisconsin Bell, Inc., d/b/a AT&T Wisconsin ("AT&T") are parties to a certain Public Utility Easement, dated February 3, 1999, as amended by Amendment to Easement dated September 24, 2001 (collectively, the “Easement”) allowing AT&T to install two utility cabinets and related equipment (collectively, the “Facilities”) within Nakoma Park located at 3800 Nakoma Road; and

WHEREAS, the Facilities provide for the distribution of communication and/or information services to AT&T’s customers; and

WHEREAS, the Facilities are located within the “Easement Area” more particularly described below and depicted on attached Exhibit A; and

WHEREAS, AT&T has contacted Parks Division staff and requested that an additional cabinet be permitted within the Easement Area to enable AT&T to upgrade its facilities from digital to fiber optic service; and

WHEREAS, Parks Division staff have reviewed and approve of the placement of an additional cabinet within the Easement Area; and

WHEREAS, the Office of Real Estate Services has prepared a Second Amendment to Easement for such purpose, and AT&T has reviewed and approves of the Second Amendment.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Clerk are hereby authorized to execute a Second Amendment to Easement pertaining to the existing Public Utility Easement, dated February 3, 1999 as amended by Amendment to Easement dated September 24, 2001 (collectively, the “Easement”), from the City of Madison to Wisconsin Bell, Inc. d/b/a AT&T Wisconsin ("AT&T"), which Second Amendment to Easement shall be on the following terms and conditions:

1. The Easement shall be amended to provide that AT&T shall be permitted to install an addi...