City of Madison, Wisconsin | Legislative Information Center
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File #: 40840    Version: 1 Name: 10887 Consent to Occupy Easement 7202 Mineral Point Rd
Type: Resolution Status: Passed
File created: 11/13/2015 In control: BOARD OF PUBLIC WORKS
On agenda: 1/5/2016 Final action: 1/5/2016
Enactment date: 1/5/2016 Enactment #: RES-16-00015
Title: Authorizing the Mayor and the City Clerk to execute a Consent to Occupy Easement for the benefit of NADD 1, LLC to permit a private monument sign within a public sanitary sewer easement at 7202 Mineral Point Road.
Sponsors: Paul E. Skidmore
Attachments: 1. 10887 Exhibit A Legal Desc.pdf, 2. 10887 Exhibit B Occupy Area.pdf, 3. 10887 Exhibit C.pdf, 4. 10887_Exhibit DCulver's of Madison OPT 2.pdf
Fiscal Note
$500 administrative will be deposited into charge code 63029.
Title
Authorizing the Mayor and the City Clerk to execute a Consent to Occupy Easement for the benefit of NADD 1, LLC to permit a private monument sign within a public sanitary sewer easement at 7202 Mineral Point Road.
Body
WHEREAS, the City is the holder of a public sanitary sewer easement (the “City Easement”) over the southerly 15 feet of property located at 7202 Mineral Point Road and legally described as Lot 1, Certified Survey Map No. 4263; and

WHEREAS, the owner of said property located at 7202 Mineral Point Road is NADD 1, LLC, (the “Owner”); and

WHEREAS, during City staff review of a conditional use and demolition permit for the Owner’s property, it was discovered that an existing private monument sign (the “Sign”) is located within the City Easement; and

WHEREAS, the Owner has requested a Consent to Occupy Easement to allow the Sign to remain within that area of the City Easement legally described on attached Exhibit A and depicted on the attached Exhibit B (the “Occupancy Area”); and

WHEREAS, City Engineering Division staff have reviewed the Owner’s plans and are willing to permit the existence and maintenance of the Sign by the Owner within the Occupancy Area, under the terms and conditions specified herein.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Clerk are hereby authorized to execute a Consent to Occupy Easement for the benefit of the Owner, subject to the following terms and conditions:

1. Grant of Permission. The City will grant the Owner, its successors and assigns, permission to occupy the Occupancy Area for the limited purpose of allowing the Owner’s existence and maintenance of the Sign as legally described on attached Exhibit A and depicted on the attached Exhibit B, all in accordance with the site plan (LNDSPR-2015-00141) which has been approved by the City Engineering Division.

2. Construction and Maintenance.

a. The Owner shall be re...

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