City of Madison - File #: 36522

• File #: 36522
• Version: 2
• Name: 10676 Consent to Occupy Easement 1824 S. Park St.
• Type: Resolution
• Status: Passed
• File created: 12/5/2014
• In control: BOARD OF PUBLIC WORKS
• On agenda: 2/3/2015
• Final action: 2/3/2015
• Enactment date: 2/9/2015
• Enactment #: RES-15-00090
• Title: SUBSTITUTE Authorizing the Mayor and the City Clerk to execute a Consent to Occupy Easement for the benefit of Geovani, LLC to permit private improvements within a public sidewalk easement at 1824 S. Park Street.
• Sponsors: John Strasser

Date	Ver.	Action By	Action	Result
2/3/2015	2	COMMON COUNCIL	Adopt	Pass
1/26/2015	2	PLAN COMMISSION	Return to Lead with the Recommendation for Approval	Pass
1/21/2015	2	BOARD OF PUBLIC WORKS	RECOMMEND TO COUNCIL TO ADOPT - REPORT OF OFFICER	Pass
1/12/2015	1	PLAN COMMISSION	Re-refer	Pass
1/6/2015	1	BOARD OF PUBLIC WORKS	Refer
1/6/2015	1	COMMON COUNCIL	Referred
12/5/2014	1	Economic Development Division	Referred for Introduction

Fiscal Note
$500 administrative fee will be deposited into Account No. GN01-78231.
Title
SUBSTITUTE Authorizing the Mayor and the City Clerk to execute a Consent to Occupy Easement for the benefit of Geovani, LLC to permit private improvements within a public sidewalk easement at 1824 S. Park Street.
Body
WHEREAS, the City is the holder of a public sidewalk easement (the “City Easement”) over the easterly 6 feet of property located at 1824 S. Park Street and legally described as Lot 1, Certified Survey Map No. 3206; and

WHEREAS, the property owner, Geovani, LLC (the “Owner”), has constructed a parking lot and will be installing landscaping and planters within that area of the City Easement depicted on the attached Exhibit (the “Occupancy Area”); and

WHEREAS, City Engineering Division staff have reviewed the Owner’s plans and are willing to permit the existence and maintenance of said improvements by the Owner within the Occupancy Area, under the terms and conditions specified herein.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Clerk are hereby authorized to execute a Consent to Occupy Easement for the benefit of the Owner, subject to the following terms and conditions:

1. Grant of Permission. The City will grant the Owner, its successors and assigns, permission to occupy the Occupancy Area for the limited purpose of allowing the parking lot, landscaping and planters depicted on the attached Exhibit (collectively, the “Permitted Improvements”), all in accordance with the site plan (LNDSPR-2014-00185) which has been approved by the City Engineering Division.

2. Construction and Maintenance.

a. The Owner shall be responsible for all costs of the maintenance, repair and replacement of the Permitted Improvements. All such work shall be performed in compliance with applicable codes and ordinances.

b. With the exception of routine maintenance and repairs and normal utilization of the Permitted Improvements, no changes to, additions to or alter...