City of Madison, Wisconsin | Legislative Information Center
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File #: 52930    Version: 1 Name: 11687 Easement Consent to Occupy 319 Yard Dr
Type: Resolution Status: Passed
File created: 8/22/2018 In control: BOARD OF PUBLIC WORKS
On agenda: 9/4/2018 Final action: 9/25/2018
Enactment date: 9/28/2018 Enactment #: RES-18-00682
Title: Authorizing the Mayor and the City Clerk to execute a Consent to Occupy Easement for the benefit of Productive Properties - Commercial LLC to permit a private improvement within the existing public sanitary sewer and stormwater management easement upon the property located at 319 Yard Drive. (9th AD)
Sponsors: Paul E. Skidmore
Attachments: 1. Resolution Exhibit B.pdf
Fiscal Note
The proposed resolution authorizes a Consent to Occupy Easement to permit private improvements within an existing public sanitary sewer and stormwater management easement located at 319 Yard Drive. 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 Mayor and the City Clerk to execute a Consent to Occupy Easement for the benefit of Productive Properties - Commercial LLC to permit a private improvement within the existing public sanitary sewer and stormwater management easement upon the property located at 319 Yard Drive. (9th AD)
Body
WHEREAS, Productive Properties - Commercial LLC (the “Owner”) is the owner of certain real property located at 319 Yard Drive, more particularly described as Lot 2, Certified Survey Map No. 11583, recorded in Volume 70 of Certified Survey Maps, pages 306 - 310 as Document No. 4127353, City of Madison, Dane County, Wisconsin (the “Owner’s Property”); and

WHEREAS, the City of Madison has an existing 40’ Public Sanitary Sewer and Stormwater Management Easement, per Document No. 3664595, located on the Owner’s Property (the “Easement”); and

WHEREAS, the Owner desires to construct, operate and maintain a private storm sewer within a portion of the Easement and desires to obtain the City’s consent for said purpose; and

WHEREAS, as a condition of approval of the Owner’s Permitted Use Site Plan Review, the City is requiring the Owner to obtain a Consent to Occupy Easement from the City to legally permit the Owner’s improvements within that certain portion of the Easement, as described on Exhibit A and depicted on the 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 Owner’s improvement that encroaches into the Easement, under the key ter...

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