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File #: 39136    Version: 1 Name: 4535 Easement Amendment 7437 East Pass
Type: Resolution Status: Passed
File created: 6/30/2015 In control: BOARD OF PUBLIC WORKS
On agenda: 8/4/2015 Final action: 8/4/2015
Enactment date: 8/5/2015 Enactment #: RES-15-00657
Title: Authorizing the execution of an Amendment to Easement pertaining to the Public Utility Easement from the City of Madison to Mt. Vernon Telephone Company located within the Engineering Stormwater Utility parcel at 7437 East Pass (Outlot 2, The Crossing).
Sponsors: Steve King
Attachments: 1. 4535 Exhibit A Revised 2015.pdf, 2. TDS Telecom Esmt ORES file.pdf, 3. 7437 East Pass street view.pdf
Fiscal Note
$500 administrative fee to be deposited into Munis Charge Code 63029.
Title
Authorizing the execution of an Amendment to Easement pertaining to the Public Utility Easement from the City of Madison to Mt. Vernon Telephone Company located within the Engineering Stormwater Utility parcel at 7437 East Pass (Outlot 2, The Crossing).
Body
WHEREAS, the City of Madison and Mt. Vernon Telephone Company, d/b/a TDS Telecom ("Utility") are parties to a certain Public Utility Easement, dated August 17, 1999 (the “Easement”), allowing Utility to install cabinets and related equipment within the City’s Stormwater Utility parcel located at 7437 East Pass; and

WHEREAS, the Easement was authorized by Resolution No. 56305, ID No. 25602, adopted by the Common Council on June 15, 1999 and was recorded with the Dane County Register of Deeds on August 19, 1999, as Document No. 3146739; and

WHEREAS, it has come to the attention of the parties that the legal description and map contained in the Easement do not accurately reflect the as-built location of Utility’s facilities; and

WHEREAS, the Easement allows for Utility’s installation of two (2) telephone cabinets on a pad within the Easement Area; and

WHEREAS, Utility has requested that it be allowed to install additional facilities within the Easement area; and

WHEREAS, Engineering Division staff have reviewed and approve of amending the easement to correct the legal description and map and to allow for the additional facilities.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Clerk are hereby authorized to execute an Amendment to Easement pertaining to the existing Public Utility Easement from the City of Madison to Mt. Vernon Telephone Company (“MVTC”) dated August 17, 1999 and recorded August 19, 1999 as Document No. 3146739 (the “Easement”), which Amendment to Easement shall be on the following terms and conditions:

1. Exhibit A to the Easement shall be deleted in its entirety and replaced with attac...

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