City of Madison - File #: 36325

• File #: 36325
• Version: 1
• Name: 10588 Consent to Occupy Easement - Carpenter
• Type: Resolution
• Status: Passed
• File created: 11/24/2014
• In control: BOARD OF PUBLIC WORKS
• On agenda: 1/6/2015
• Final action: 1/6/2015
• Enactment date: 1/9/2015
• Enactment #: RES-15-00017
• Title: Authorizing the Mayor and the City Clerk to execute a Consent to Occupy Easement for the benefit of Christopher D. Carpenter to permit private improvements within the existing sanitary sewer easement, for the property located at 5006 Lake Mendota Drive.
• Sponsors: Mark Clear

Date	Ver.	Action By	Action	Result
1/6/2015	1	COMMON COUNCIL	Adopt	Pass
12/17/2014	1	BOARD OF PUBLIC WORKS	RECOMMEND TO COUNCIL TO ADOPT - REPORT OF OFFICER	Pass
12/15/2014	1	PLAN COMMISSION	Return to Lead with the Recommendation for Approval	Pass
12/2/2014	1	BOARD OF PUBLIC WORKS	Refer
12/2/2014	1	COMMON COUNCIL	Referred
11/24/2014	1	Economic Development Division	Referred for Introduction

Fiscal Note
$500 administrative has been deposited into Account No. GN1-78231.
Title
Authorizing the Mayor and the City Clerk to execute a Consent to Occupy Easement for the benefit of Christopher D. Carpenter to permit private improvements within the existing sanitary sewer easement, for the property located at 5006 Lake Mendota Drive.
Body
WHEREAS, the City of Madison (the “City”) has an existing sanitary sewer easement, per Document No. 975456 (the “Easement”), located within the South 150 feet of the West 6 feet of Lot 2 , Block 1, Spring Park (the “Easement Area”), City of Madison, Dane County Wisconsin; and

WHEREAS, during the City’s review of a conditional use permit to construct a new garage on the property owned by Christopher D. Carpenter (the “Owner”), located at 5006 Lake Mendota Drive, it was discovered that several existing improvements including retaining walls and a corner of the existing house, along with a proposed stone retaining wall encroach into the City’s Easement Area, as legally described on below, and depicted on the attached Exhibit A; and

WHEREAS, as a condition of approval of the Owner’s conditional use permit, the City required the owner to obtain a Consent to Occupy Easement from the City to legally permit the Owner’s improvements within the Easement Area; and

WHEREAS, the Engineering Division has reviewed and approves the granting of a Consent to Occupy Easement for the Owner’s improvements that encroach into the Easement Area, as depicted on the attached Exhibit A, under the terms and conditions specified therein.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Clerk are hereby authorized to execute a Consent to Occupy Easement (“Consent Easement”), subject to the following terms and conditions:

1. Grant of Permission. The City does hereby grant the property Owner, its successors and assigns, permission to occupy the Easement Area for the limited purposes to include existing retaining walls, existing house corn...