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File #: 49505    Version: 1 Name: 11430 Eisner Easement 5114 Spring Ct.
Type: Resolution Status: Passed
File created: 11/8/2017 In control: BOARD OF PUBLIC WORKS
On agenda: 1/2/2018 Final action: 1/2/2018
Enactment date: 1/5/2018 Enactment #: RES-18-00005
Title: Authorizing the Mayor and the City Clerk to execute a Consent to Occupy Easement for the benefit of Jan G. Eisner and James R. Eisner to permit private improvements within the existing sanitary sewer easement, for the property located at 5114 Spring Court.
Sponsors: Mark Clear
Attachments: 1. 11430 EXHIBIT A.pdf, 2. 11430 EXHIBIT B.pdf, 3. 11430 EXHIBIT C.pdf
Fiscal Note
The proposed resolution authorizes a Consent to Occupy Easement to permit private improvements within the existent public sanitary sewer easement located at 5114 Spring Court. No City appropriation is required.
Title
Authorizing the Mayor and the City Clerk to execute a Consent to Occupy Easement for the benefit of Jan G. Eisner and James R. Eisner to permit private improvements within the existing sanitary sewer easement, for the property located at 5114 Spring Court.
Body
WHEREAS, Jan G. Eisner and James R. Eisner (collectively, the “Owners”) are the owners of certain real property located at 5114 Spring Court, as more particularly described on attached Exhibit A (the “Owners’ Property”); and

WHEREAS, the City of Madison has an existing sanitary sewer easement, per Document No. 3111465, located on the Owners’ Property (the “Easement”); and

WHEREAS, during the City’s review of a demolition permit and conditional use application to demolish and construct a new single-family residence, it was discovered that several of the new improvements would encroach into a portion of the Easement; and

WHEREAS, as a condition of approval of the Owners’ conditional use permit, the City required the Owners to obtain a Consent to Occupy Easement from the City to legally permit the Owners’ improvements within a portion of the Easement, as described on the attached Exhibit A and depicted on attached Exhibit B (the “Occupancy Area”); and

WHEREAS, the Engineering Division has reviewed and approved the granting of a Consent to Occupy Easement for the Owners’ improvements that encroach into the Easement, under the key terms and conditions as specified herein.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Clerk are hereby authorized to execute a Consent to Occupy Easement (the “Consent”), the key provisions of which are as follows:

1. Grant of Permission. The City will grant the Owners, their successors and assigns, permission to occupy the Occupancy Are...

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