City of Madison - File #: 34432

• File #: 34432
• Version: 1
• Name: 10472 TLE 109 S First Street Bike & Ped Path
• Type: Resolution
• Status: Passed
• File created: 6/9/2014
• In control: BOARD OF PUBLIC WORKS
• On agenda: 7/1/2014
• Final action: 7/1/2014
• Enactment date: 7/2/2014
• Enactment #: RES-14-00516
• Title: Authorizing the execution of a Temporary Limited Easement Agreement for Construction and Restoration Purposes with Atwood Courtyard, LLC for an easement within a portion of the unimproved bicycle and pedestrian path located at 109 South First Street.
• Sponsors: Marsha A. Rummel

Date	Ver.	Action By	Action	Result
7/1/2014	1	COMMON COUNCIL	Adopt	Pass
6/23/2014	1	PLAN COMMISSION	Return to Lead with the Recommendation for Approval	Pass
6/18/2014	1	BOARD OF PUBLIC WORKS	RECOMMEND TO COUNCIL TO ADOPT - REPORT OF OFFICER	Pass
6/17/2014	1	BOARD OF PUBLIC WORKS	Refer
6/17/2014	1	COMMON COUNCIL	Referred
6/9/2014	1	Economic Development Division	Referred for Introduction

Fiscal Note
The easement fee of $2,950 shall be deposited into Account No. GN01-78231.
Title
Authorizing the execution of a Temporary Limited Easement Agreement for Construction and Restoration Purposes with Atwood Courtyard, LLC for an easement within a portion of the unimproved bicycle and pedestrian path located at 109 South First Street.
Body
WHEREAS, the City is the owner of the parcel located at 109 South First Street, which parcel is reserved for future pedestrian and bicycle path purposes; and

WHEREAS, Atwood Courtyard, LLC is the owner of the adjacent property located at 1924 Atwood Avenue (the "Grantee’s Parcel"); and

WHEREAS, in connection with the Atwood Courtyard apartment project, the Grantee has requested a temporary easement over the City’s parcel to allow for construction access and construction and restoration activities in connection with said project; and

WHEREAS, a Temporary Limited Easement Agreement for Construction and Restoration Purposes has been negotiated between the Office of Real Estate Services and the Grantee; and

WHEREAS, the City Attorney’s Office and the City Engineering Division have reviewed and approve of the Easement Agreement.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Clerk are hereby authorized to enter into a Temporary Limited Easement Agreement for Construction and Restoration Purposes (the “Easement Agreement”) with Atwood Courtyard, LLC (the “Grantee”), allowing for the Grantee’s use of the City-owned property at 109 South First Street, on the following general terms and conditions:

1. The Grantee shall have the right to use the “TLE Area,” as described and depicted in attached Exhibits A and B, for the following purposes: the staging of construction materials and equipment, the operation of necessary vehicles and equipment thereon, ingress and egress across the TLE Area for access to the “Grantee’s Property” via South Second Street, and excavation and restoration activities, which activitie...