City of Madison, Wisconsin | Legislative Information Center
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File #: 49308    Version: 1 Name: 11450 Sanitary Sewer & Consent to Occupy PLE
Type: Resolution Status: Passed
File created: 10/24/2017 In control: BOARD OF PUBLIC WORKS
On agenda: 11/21/2017 Final action: 11/21/2017
Enactment date: 11/27/2017 Enactment #: RES-17-00891
Title: Accepting a Permanent Limited Easement for Public Sanitary Sewer purposes and authorizing the Mayor and the City Clerk to execute a Consent to Occupy Easement for the benefit of Tom Woody to permit certain private improvements within the proposed Public Sanitary Sewer Easement, for the property located at 3902 Fern Court.
Sponsors: Arvina Martin
Attachments: 1. 11450 Fern Court Exhibit B.pdf
Fiscal Note
The proposed resolution authorizes acceptance of a Permanent Limited Easement for public sanitary sewer purposes and authorizes a Consent to Occupy Easement to the adjacent property owner for permitted private improvements located at 3902 Fern Court. No City appropriation is required.
Title
Accepting a Permanent Limited Easement for Public Sanitary Sewer purposes and authorizing the Mayor and the City Clerk to execute a Consent to Occupy Easement for the benefit of Tom Woody to permit certain private improvements within the proposed Public Sanitary Sewer Easement, for the property located at 3902 Fern Court.
Body
WHEREAS, the City of Madison (the “City”) has an existing sanitary sewer facility (“Facility”), located along and adjacent to the westerly property line of Lot 12, Block 1, Westmorland-Toepfer Replat, City of Madison, Dane County Wisconsin; and

WHEREAS, during the City’s review of a zoning variance application to construct an addition to the garage on the property located at 3902 Fern Court, owned by Tom Woody (the “Owner”), it was discovered that there is no record of an easement being recorded for the City’s Facility, as located adjacent to the Owner’s property; and

WHEREAS, during said review of said zoning variance application, it was also discovered that a portion of the proposed garage addition, (the “Permitted Improvement”) would encroach into the City’s public sanitary sewer easement area, as legally described below and depicted on the attached Exhibit A (“Easement Area”); and

WHEREAS, as a condition of approval of the Owner’s zoning variance, the City requested that the owner grant a Permanent Limited Easement for Public Sanitary Sewer Purposes (“Easement”), at no cost to the City; and to obtain a Consent to Occupy Easement (“Consent to Occupy”) from the City to legally permit the Owner’s Permitted Improvement within the proposed Easement Area and

WHEREAS, the Engineering Division has reviewed and approves the acceptance of th...

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