City of Madison - File #: 18453

• File #: 18453
• Version: 1
• Name: 9368 Consent to Occupy Easement
• Type: Resolution
• Status: Passed
• File created: 5/11/2010
• In control: BOARD OF PUBLIC WORKS
• On agenda: 6/15/2010
• Final action: 6/15/2010
• Enactment date: 6/16/2010
• Enactment #: RES-10-00557
• Title: Authorizing the Mayor and the City Clerk to execute a Consent to Occupy Easement for the benefit of Hallick Real Estate Holdings, LLC to permit private improvements within the existing public sanitary sewer easement located at 8310 Excelsior Drive.
• Sponsors: Paul E. Skidmore

Date	Ver.	Action By	Action	Result
6/15/2010	1	COMMON COUNCIL	Adopt	Pass
6/2/2010	1	BOARD OF PUBLIC WORKS	RECOMMEND TO COUNCIL TO ADOPT - REPORT OF OFFICER	Pass
5/24/2010	1	PLAN COMMISSION	Return to Lead with the Recommendation for Approval	Pass
5/20/2010	1	BOARD OF PUBLIC WORKS	Refer
5/18/2010	1	COMMON COUNCIL	Referred
5/11/2010	1	Community and Economic Development Unit	Referred for Introduction

Fiscal Note
$500 administrative fee to be deposited into Account No. GN01-78231.
Title
Authorizing the Mayor and the City Clerk to execute a Consent to Occupy Easement for the benefit of Hallick Real Estate Holdings, LLC to permit private improvements within the existing public sanitary sewer easement located at 8310 Excelsior Drive.
Body
WHEREAS, a Public Sanitary Sewer Easement (the “Easement”) currently exists across Lot 2, Certified Survey Map No. 5972, located at 8310 Excelsior Drive; and

WHEREAS, the City Engineering Division has conditionally approved the site plan submitted by the property owner, Hallick Real Estate Holdings, LLC ("Owner"), which includes improvements within the Easement consisting of retaining walls, patio hardscaping, landscaping and private underground water, electric and gas facilities; and

WHEREAS, the Owner acknowledges that the City retains the right of access to the Easement for the necessary maintenance, repair and/or reconstruction of the public sanitary sewer facilities ("Facilities") located therein and that the Owner will not be compensated for any loss or damage to the Owner's improvements resulting from the City's activities within the Easement; and

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 Hallick Real Estate Holdings, LLC ("Owner"), subject to the following terms and conditions:

1. The Owner shall have the right to occupy a portion of the City’s Sanitary Sewer Easement (the “Occupancy Area”), as described below and depicted on attached Exhibits A and B, for the limited purposes of constructing, installing and maintaining retaining walls, patio hardscaping, private underground water, electric and gas facilities, and landscaping (collectively, the “Permitted Improvements”), all in accordance with the site plan which has been conditionally approved by the City Engineering Division and attached as Exhibit C. No build...