City of Madison, Wisconsin | Legislative Information Center
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File #: 53370    Version: 1 Name: 11696 - Easement Rethke Storm Sewer 3116 Commercial Ave.
Type: Resolution Status: Passed
File created: 10/3/2018 In control: Economic Development Division
On agenda: 11/20/2018 Final action: 11/20/2018
Enactment date: 11/26/2018 Enactment #: RES-18-00790
Title: Authorizing the acceptance of a Public Storm Sewer Easement with Alabaster Holdings, LLC, a Wisconsin limited liability company on a portion of the property located at 3116 Commercial Ave. (15th A.D.)
Sponsors: David Ahrens
Attachments: 1. 11696 Resolution - Exhibit A.pdf, 2. 11696 Resolution - Exhibit B.pdf
Fiscal Note
No City appropriation required.
Title
Authorizing the acceptance of a Public Storm Sewer Easement with Alabaster Holdings, LLC, a Wisconsin limited liability company on a portion of the property located at 3116 Commercial Ave. (15th A.D.)
Body
WHEREAS Alabaster Holdings, LLC, a Wisconsin limited liability company (“Grantor”) is the Grantor of the property located at 3116 Commercial Avenue (“Property); and

WHEREAS, the Grantor submitted an application to the City of Madison (“City”) for a conditional use to establish a nightclub in an existing building on the Property; and

WHEREAS, At the City’s September 18, 2017 meeting, the Plan Commission conditionally approved the conditional use request, subject to a condition that the Grantor grant a Public Storm Sewer Easement (“Easement”) for the City’s future access and maintenance of existing storm sewer facilities (the “Facilities”) located on a portion of the Property, as legally described on attached Exhibit A and depicted on attached Exhibit B (“Easement Area”).

NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Madison hereby authorizes the acceptance of a Public Storm Sewer Easement from the Grantor, at no cost to the City, across a portion of the Property, subject to the following terms and conditions:

1) The work of construction, repair, maintenance, replacement and modification shall be done and completed in a good and professional manner at the sole expense of the City and shall be performed in such a manner as to not cause damage to the Property.

2) All work shall be performed in such a manner as in no way to permanently interfere with or endanger the use of the Easement Area. In all cases, all applicable ordinances, codes, statutes, and laws, and obtaining all permits required for any repair, maintenance, replacement or modification activity shall be followed.

3) All areas affected by the work contemplated herein will be promptly restored to original grade and vegetati...

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