Fiscal Note
No Fiscal Impact.
Title
Authorizing the Mayor and Clerk to enter into an Amended View Preservation Easement for Merrill Springs Park (District 19)
Body
WHEREAS, Merrill Springs Park, located at 5102 Spring Ct., was created when the .28 acres of land originally making up the park, Lot 37, Block One Spring Harbor, was conveyed to the Madison Park and Pleasure Drive Association (MPPDA) by the Spring Harbor Company in 1910. The land was later conveyed by the MPPDA to the City of Madison in 1937 and has been maintained as a park by the City ever since; and,
WHEREAS, in 2011, the City entered into an agreement with the owners of 5050 Lake Mendota Drive to purchase .35 acres of property to expand Merrill Springs Park (Legistar File # 24359). As a condition of this purchase, the City granted the owners a view preservation easement (the “Easement”) over the Park, which Easement (Doc. No. 4829662) was intended to preserve the view of Lake Mendota from their property; and,
WHEREAS, in order to preserve the view from to Lake Mendota that existed at the time of the purchase and granting of the Easement, the Easement provided that the view would be documented photographically in the summer following the execution of the Easement. However, this was not done and there is uncertainty between the City and the current owners of the benefited property regarding the extent of the Easement; and,
WHEREAS, the City and the current owners of 5050 Lake Mendota Drive are in agreement that the Easement should be amended to clarify and better define the view preservation easement, consistent with the intent of the original parties to the easement.
NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Mayor and the City Clerk are authorized to execute an Amended View Preservation Easement for Merrill Springs Park with the owners of 5050 Lake Mendota Drive, on terms consistent with the amendment attached hereto, and in a form approved by the City Attorney.