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File #: 57998    Version: 1 Name: 2248 - Driveway Lease 156 Dixon Street
Type: Resolution Status: Passed
File created: 10/29/2019 In control: BOARD OF PUBLIC WORKS
On agenda: 11/19/2019 Final action: 11/19/2019
Enactment date: 11/25/2019 Enactment #: RES-19-00785
Title: Authorizing the Mayor and City Clerk to execute a lease with Jonathan Darrel Braden allowing for the use of the City-owned transportation corridor parcel located at 176 South Fair Oaks Street for an existing private driveway, boundary fence, and yard area. (6th A.D.)
Sponsors: Marsha A. Rummel
Attachments: 1. Locator_Map.pdf, 2. 2248_EXHIBITS_A-D.pdf
Fiscal Note
The proposed resolution authorizes execution of a lease for the use of City-owned property for an existing private driveway, boundary fence, and yard area. Annual rent payable for 2019 shall be $50.00 and shall be deposited into the General Fund. Annual rent for 2020 shall be $100.00. Rent in 2021-2025 shall be $105.00, and every five years thereafter subject to a five percent increase.
Title
Authorizing the Mayor and City Clerk to execute a lease with Jonathan Darrel Braden allowing for the use of the City-owned transportation corridor parcel located at 176 South Fair Oaks Street for an existing private driveway, boundary fence, and yard area. (6th A.D.)
Body
WHEREAS, the City is the owner of the parcel of land addressed as 176 South Fair Oaks Avenue (“City’s Property”), which property is part of the City’s East Rail Corridor; and

WHEREAS, Jonathan Darrel Braden is the owner of abutting property located at 156 Dixon Street (“Abutting Property”); and

WHEREAS, the sole reasonable vehicular access to the Abutting Property’s existing garage requires a private driveway that encroaches into the City’s Property; and

WHEREAS, from March 8, 1991, to June 15, 2014, the Abutting Property benefitted from a lease (“Prior Lease”) with the City for the area where the existing driveway, a related existing boundary fence, and a small yard area encroach into the City’s Property; and

WHEREAS, in 2014 it was necessary for the City to terminate the Prior Lease due to an Engineering construction project within the East Rail Corridor involving the City’s Property; and

WHEREAS, following completion of the project, Mr. Braden resumed using a portion of the City’s Property for private driveway, boundary fence, and yard purposes and, therefore, a new lease is required; and

WHEREAS, the terms of a Lease have been negotiated between the Office of Real Estate Services and Mr. Braden; and

WHEREAS, City of Madison Engineering Division staff have reviewed and approve of ...

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