City of Madison, Wisconsin | Legislative Information Center
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File #: 43885    Version: 1 Name: 10766 Sidewalk Bus Pad Easement American Pkwy.
Type: Resolution Status: Passed
File created: 7/27/2016 In control: BOARD OF PUBLIC WORKS
On agenda: 9/6/2016 Final action: 9/6/2016
Enactment date: 9/9/2016 Enactment #: RES-16-00626
Title: Authorizing the City of Madison to accept a Permanent Limited Easement for Public Sidewalk and Bus Pad purposes from The American Center Owner’s Association, Inc. and American Family Mutual Insurance Company across portions of Outlots 3, 4, 5, 6, 7, 9 and Lot 1 of The American Center Plat which will contain non-standard indemnification language.
Sponsors: Samba Baldeh
Attachments: 1. 10766 Easement Exhibit A.pdf, 2. 10766 Easement Exhibit B.pdf
Fiscal Note
No expenditure required; however, there is the potential for additional costs in the event a lawsuit would arise between the parties since the City may incur legal expenses that would otherwise be paid by The American Center Owner’s Association, Inc. and American Family Mutual Insurance Company if standard indemnification language were used.
Title
Authorizing the City of Madison to accept a Permanent Limited Easement for Public Sidewalk and Bus Pad purposes from The American Center Owner’s Association, Inc. and American Family Mutual Insurance Company across portions of Outlots 3, 4, 5, 6, 7, 9 and Lot 1 of The American Center Plat which will contain non-standard indemnification language.
Body
WHEREAS, The American Center Owner’s Association, Inc. (“ACOC”) is the owner of Outlots 6 and 7 of The American Center Plat and the American Family Mutual Insurance Company (“AFMIC”) is the owner of Outlots 3, 4, 5, 9, and also Lot 1 of The American Center Plat (collectively, the “Property”); and

WHEREAS, in accordance with a previous development agreement between AFMIC and the City of Madison (“City”), AFMIC constructed private sidewalk improvements over portions of the Property, with shared ownership and maintenance responsibilities between ACOC and AFMIC (collectively, the “Owners”); and

WHEREAS, the Owner’s sidewalk improvements are currently being used by the public for pedestrian purposes without the benefit of public easement rights; and

WHEREAS, the portions of the Property currently being used for sidewalk purposes are described and depicted on attached Exhibit A (the “Easement Areas”); and

WHEREAS, in accordance with City Engineering Division Project No. 11106, Citywide Sidewalk Installation and Repair, the City desires to install public concrete bus pads and connecting sidewalks to the existing sidewalks located in the Easement Areas, as shown on attached Exhibit B; and

WHEREAS, to provide for the installation of the bus pads and connecting s...

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