City of Madison - File #: 21852

• File #: 21852
• Version: 1
• Name: 9549 Baxter Park Dane Co Ped Bike Path Easement
• Type: Resolution
• Status: Passed
• File created: 3/22/2011
• In control: BOARD OF PARK COMMISSIONERS
• On agenda: 5/17/2011
• Final action: 5/17/2011
• Enactment date: 5/23/2011
• Enactment #: RES-11-00461
• Title: Authorizing the execution of a temporary construction easement to the County of Dane to allow for the County’s construction of a public pedestrian/bicycle path across lands within Baxter Park, located at 777 Engelhart Drive, and across the Stormwater Utility parcel located at 909 Lorena Parkway.
• Sponsors: Tim Bruer

Date	Ver.	Action By	Action	Result
5/17/2011	1	COMMON COUNCIL	Adopt	Pass
5/4/2011	1	BOARD OF PUBLIC WORKS	Return to Lead with the Recommendation for Approval	Pass
4/28/2011	1	PEDESTRIAN/BICYCLE/MOTOR VEHICLE COMMISSION (ended 6/2018)	Return to Lead with the Recommendation for Approval	Pass
4/13/2011	1	BOARD OF PARK COMMISSIONERS	RECOMMEND TO COUNCIL TO ADOPT - REPORT OF OFFICER
4/11/2011	1	PLAN COMMISSION	Return to Lead with the Recommendation for Approval	Pass
3/29/2011	1	BOARD OF PARK COMMISSIONERS	Referred
3/29/2011	1	BOARD OF PARK COMMISSIONERS	Referred
3/29/2011	1	BOARD OF PARK COMMISSIONERS	Referred
3/29/2011	1	COMMON COUNCIL	Referred
3/22/2011	1	Economic Development Division	Referred for Introduction

Fiscal Note
No expenditure is required.
Title
Authorizing the execution of a temporary construction easement to the County of Dane to allow for the County’s construction of a public pedestrian/bicycle path across lands within Baxter Park, located at 777 Engelhart Drive, and across the Stormwater Utility parcel located at 909 Lorena Parkway.
Body
WHEREAS, the County of Dane (“County”) desires to construct, at its sole cost and expense, a spur trail through Baxter Park, located at 777 Engelhart Drive, and through the nearby Stormwater Utility parcel located at 909 Lorena Parkway, to connect to the Capitol City Trail; and

WHEREAS, the County has requested a temporary construction easement to allow for the construction of such spur trail across said City-owned lands; and

WHEREAS, the City of Madison Parks Division and Engineering Division staff have reviewed and approve of the granting of such temporary construction easement.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Clerk are hereby authorized to execute a Temporary Construction Easement (“Easement”) to the County of Dane (“County”), allowing for the construction of a spur trail (the Path”) through Baxter Park and the nearby Stormwater Utility parcel (collectively, the “City’s Properties”), under the following terms and conditions:

1. The County shall construct the Path in accordance with the plans to be approved by the City Engineer and City Park Superintendent.

2. The Path shall be constructed across the City’s Properties within the “Easement Area” more particularly described below and depicted on attached Exhibit A


3. Construction shall be performed and completed in good and workmanlike manner and shall not interfere with or endanger the use of the remainder of the City’s Properties by the City or by the general public.

4. The County will promptly restore the Easement Area after completion of the construction and/or grading of the Easement Area (or as soon thereafter as weather reas...