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File #: 20945    Version: 1 Name: Easement Resolution.doc
Type: Resolution Status: Passed
File created: 12/30/2010 In control: PLAN COMMISSION
On agenda: 1/18/2011 Final action: 1/18/2011
Enactment date: 1/20/2011 Enactment #: RES-11-00090
Title: Accepting various grants of easement for public access and use on the Edgewater Hotel property, authorizing the termination of two existing easements, and authorizing the Mayor and City Clerk to execute any necessary documents related thereto.
Sponsors: Mark Clear, David J. Cieslewicz
Attachments: 1. Dec of Public Areas Easement (1_6_11).pdf, 2. Termination of 1975 Public Easements (1_6_11).pdf, 3. Partial Termination of 1973 Public Easement NGL Parcel (1_6_11).pdf, 4. Dec of Conservation Easement (1_6_11).pdf, 5. Dec of Public Parking Easement (1_6_11).pdf, 6. Dec of Public Restroom Access Easement (1_6_11).pdf, 7. Dec of ADA Access Easement (1_6_11).pdf, 8. Dec of Public Pedestrian Shoreline Walkway Easement (1_6_11).pdf, 9. Dec ot Public Pedestrian Pathway to Shoreline Easement (1_6_11).pdf, 10. Brown comments_01-08-11.pdf, 11. Culver correspondence_01-10-11.pdf, 12. Lauber correspondence_01-08-11.pdf, 13. Mohs comments_01-10-11.pdf, 14. Zellers comments_01-10-11.pdf, 15. Registration Forms 1-18-11.pdf, 16. Emails for Council 1-18-11.pdf
Fiscal Note
The fiscal note is pending.
Title
Accepting various grants of easement for public access and use on the Edgewater Hotel property, authorizing the termination of two existing easements, and authorizing the Mayor and City Clerk to execute any necessary documents related thereto.
Body
Preamble
In 1965 the City vacated a portion of Wisconsin Avenue north of Langdon Street, and reserved an easement over that vacated portion for the permanent benefit of the general public. The vacation and reserved easement rights were provided for in an uncodified ordinance, which has since been amended several times (as amended, the “1965 Ordinance”). After the 1970’s construction of the addition to the Edgewater Hotel in the vacated portion of Wisconsin Avenue, the owner of the Hotel granted to the City an Easement for Public Sidewalk and Parking Purposes (the “1975 Easement Document”). Separately, National Guardian Life (“NGL”), which owns lands abutting the Hotel, granted to the City an Easement for Sidewalk Purposes (the “1973 Easement Document”).
The easement granted by NGL pursuant to the 1973 Easement Document includes a strip of land to be used for a public sidewalk. A portion of the land on which this easement exists will be conveyed by NGL to the Hotel developer, and this portion of the easement shall be terminated and replaced with another sidewalk easement from the Hotel developer to be granted to the City for the benefit of the public.
The easements granted pursuant to the 1975 Easement Document include: (i) an easement for a six foot wide public pedestrian walkway along the shore of Lake Mendota; (ii) an easement for a six foot wide public pedestrian walkway to the Lake Mendota shoreline; and (iii) an easement for public parking off of Wisconsin Avenue. These three easement rights shall be terminated, and replaced with new grants of easements to the City for the benefit of the public as a part of the Hotel redevelopment.
Pursuant to the 1965 Ordinance a...

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