City of Madison - File #: 32141

• File #: 32141
• Version: 1
• Name: 10137 Easement 8308 Excelsior Newcomb
• Type: Resolution
• Status: Passed
• File created: 11/8/2013
• In control: BOARD OF PUBLIC WORKS
• On agenda: 1/7/2014
• Final action: 1/7/2014
• Enactment date: 1/8/2014
• Enactment #: RES-14-00020
• Title: Authorizing the execution of an Amendment to Non-Exclusive Permanent Limited Easement for private sidewalk and fiber optic cable purposes to Dean Health Plan, Inc. and Newcomb Properties, LLC across City Storm Water Utility Parcel 533 located at 8308 Excelsior Drive.
• Sponsors: Paul E. Skidmore

Date	Ver.	Action By	Action	Result
1/7/2014	1	COMMON COUNCIL	Adopt	Pass
12/4/2013	1	BOARD OF PUBLIC WORKS	RECOMMEND TO COUNCIL TO ADOPT - REPORT OF OFFICER	Pass
12/2/2013	1	PLAN COMMISSION	Return to Lead with the Recommendation for Approval	Pass
11/19/2013	1	BOARD OF PUBLIC WORKS	Refer
11/19/2013	1	COMMON COUNCIL	Referred
11/8/2013	1	Economic Development Division	Referred for Introduction

Fiscal Note
No expenditure is required.
Title
Authorizing the execution of an Amendment to Non-Exclusive Permanent Limited Easement for private sidewalk and fiber optic cable purposes to Dean Health Plan, Inc. and Newcomb Properties, LLC across City Storm Water Utility Parcel 533 located at 8308 Excelsior Drive.
Body
WHEREAS, the City of Madison (“City”) and Dean Health Plan, Inc. and Newcomb Properties, LLC (“Grantees”) are parties to a certain Non-Exclusive Permanent Limited Easement for private sidewalk and fiber optic cable purposes recorded on May 8, 2013 in the Dane County Register of Deeds Office as Document Number 4985596 (the “Easement”), granting the Grantees the right to install a private sidewalk and fiber optic cable (the “Facilities”) on the City Storm Water Utility Parcel 533, located at 8308 Excelsior Drive; and

WHEREAS, the Grantees have requested permission to install and maintain private light fixtures located adjacent to the Grantee’s sidewalk as presently located on the City Storm Water Parcel #533; and

WHEREAS, the Grantees have requested an amendment to the Easement allow the installation and maintenance of the private light fixtures as shown on the attached Exhibit A; and

WHEREAS, City of Madison Engineering Division and Office of Real Estate Services staff has reviewed and approve of the granting of such an easement amendment.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Clerk are hereby authorized to execute an amendment to a Non-Exclusive Permanent Limited Easement for private sidewalk and fiber optic cable purposes granted to Dean Health Plan, Inc. and Newcomb Properties, LLC, across City Stormwater Utility Parcel #533 located at 8308 Excelsior Drive, subject to the following terms and conditions:

1. The Easement shall hereby be amended to provide for the installation and maintenance of private light fixtures, and related bollards and underground electric service to be located in the existing Easement Area, as de...