City of Madison, Wisconsin | Legislative Information Center
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File #: 52683    Version: 1 Name: 10137 - 2nd Amendment to Easement 8308 Excelsior Dr.
Type: Resolution Status: Passed
File created: 8/1/2018 In control: Economic Development Division
On agenda: 9/4/2018 Final action: 9/4/2018
Enactment date: 9/7/2018 Enactment #: RES-18-00639
Title: Authorizing the City’s execution of a Second Amendment to Permanent Limited Easement for Private Sidewalk and Fiber Optic Cable purposes to The Dean Health Plan, Inc., Newcomb Properties, LLC, and Gialamas Properties, LLC, across a portion of City Storm Water Utility Parcel 533 located at 8308 Excelsior Drive. (9th A.D.)
Sponsors: Paul E. Skidmore
Attachments: 1. 10137 Exhibit A Legal Descriptions.pdf, 2. 10137 Exhibit B Amended Easement Area Map.pdf
Fiscal Note
The proposed resolution authorizes an amendment to a Permanent Limited Easement to add a third party, Gialamas Properties, LLC and a new sidewalk and fiber optic cable connection in between the original Easement Area and the third property located at 1289 Deming Way. City Engineering has reviewed and approved the amendment as requested. No additional City appropriation is required.
Title
Authorizing the City’s execution of a Second Amendment to Permanent Limited Easement for Private Sidewalk and Fiber Optic Cable purposes to The Dean Health Plan, Inc., Newcomb Properties, LLC, and Gialamas Properties, LLC, across a portion of City Storm Water Utility Parcel 533 located at 8308 Excelsior Drive. (9th A.D.)
Body
WHEREAS, the City of Madison (the “City”) granted a Non-Exclusive Permanent Limited Easement for Private Sidewalk and Fiber Optic Cable Purposes (the “Easement”), recorded on May 8, 2013 in the Office of the Dane County Register of Deeds as Document Number 4985596, to The Dean Health Plan, Inc. and Newcomb Properties, LLC (together, the “Owners”); and

WHEREAS, the Easement granted the Owners the right to install and maintain a private sidewalk and fiber optic cable (the “Facilities”) in, on, under and through a portion of the City’s Storm Water Utility Parcel 533, located at 8308 Excelsior Drive (the “City’s Property”); and

WHEREAS, the City and the Owners amended the Easement for the installation and maintenance of private light fixtures, related bollards, and underground electric service for said light fixtures, located on the City’s Property in the area defined as the Easement Area, as memorialized by that certain Amendment to Nonexclusive Permanent Limited Easement For Private Sidewalk and Fiber Optic Purposes, recorded on February 25, 2014 in the Office of the Dane County Register of Deeds as Document Number 5055429; and

WHEREAS, the Owners desire to amend the Easement again to add a third party, Gialamas Properties, LLC (collectivel...

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