City of Madison, Wisconsin | Legislative Information Center
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File #: 51455    Version: 1 Name: 11619 Consent to Occupy Easement 802 Atlas Ave. Beck's Enterprises
Type: Resolution Status: Passed
File created: 4/26/2018 In control: BOARD OF PUBLIC WORKS
On agenda: 6/5/2018 Final action: 6/5/2018
Enactment date: 6/11/2018 Enactment #: RES-18-00419
Title: Authorizing the execution of a Consent to Occupy Easement for the benefit of Beck’s Enterprises of Dane County, LLC, to permit private improvements within the City’s sewer easement on the property located at 802 Atlas Avenue.
Sponsors: Amanda Hall
Attachments: 1. 11619 Resolution Exhibit A.pdf
Fiscal Note
The proposed resolution authorizes a Consent to Occupy Easement to permit private improvements within an existent public sanitary sewer easement located at 802 Atlas Avenue. City Engineering has reviewed and approved the Owner’s plans and the Owner will be responsible for the construction, maintenance, and liability of the private improvements. No City appropriation is required.
Title
Authorizing the execution of a Consent to Occupy Easement for the benefit of Beck’s Enterprises of Dane County, LLC, to permit private improvements within the City’s sewer easement on the property located at 802 Atlas Avenue.
Body
WHEREAS, Beck’s Enterprises of Dane County, LLC (“Owner”) is the owner of the property located at 802 Atlas Avenue and legally described at Lot 3, Block 1, Madison Industrial Subdivision No. 1, located in the Southeast 1/4 of the Northeast 1/4 of Section 9, Town 7 North, Range 10 East, City of Madison, Dane County, Wisconsin (“Owner’s Property”); and

WHEREAS, the City has certain sanitary sewer facilities (“Facilities”) located within the fifteen foot (15’) sewer easement along the westerly side of the Owner’s Property, which easement was dedicated pursuant to the plat of Madison Industrial Subdivision No. 1 recorded September 12, 1963 with the Dane County Register of Deeds as Document No. 1082745 (“Easement”); and

WHEREAS, the Owner has constructed a timber retaining wall within the Easement and also desires to construct a split rail fence within the Easement, as depicted on attached Exhibit A; and

WHEREAS, City Engineering Division staff have reviewed the Owner’s plans and are willing to permit the existence and maintenance of said improvements by the Owner within the Easement, subject to the terms and conditions specified herein.

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

1. Grant of Permission. The City will gran...

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