Madison, WI Header
File #: 58875    Version: 1 Name: 12012 - Easement 6226 N Highlands Consent to Occupy
Type: Resolution Status: Passed
File created: 12/26/2019 In control: Economic Development Division
On agenda: 2/4/2020 Final action: 2/4/2020
Enactment date: 2/7/2020 Enactment #: RES-20-00080
Title: Authorizing the Mayor and the City Clerk to execute a Consent to Occupy Easement for the benefit of David L. Stein and Jennifer Grantham Stein Revocable Trust to allow private improvements within an existing platted Easement for All Public Uses upon the property located at 6226 N. Highlands Avenue. (19th A.D.)
Sponsors: Keith Furman
Attachments: 1. 12012 Exhibit A Legal Description.pdf, 2. Site Plans.pdf, 3. PC Locator Map.pdf
Fiscal Note
The City’s Engineering Division has reviewed and approved the proposed Consent to Occupy Easement. No City appropriation is required.
Title
Authorizing the Mayor and the City Clerk to execute a Consent to Occupy Easement for the benefit of David L. Stein and Jennifer Grantham Stein Revocable Trust to allow private improvements within an existing platted Easement for All Public Uses upon the property located at 6226 N. Highlands Avenue. (19th A.D.)
Body
WHEREAS, the property located at 6226 N. Highlands Avenue in the City of Madison is owned by David L. and Jennifer Grantham Stein Revocable Trust (together, the “Owner”), which is more particularly described as Lot 25, Plat of Sky View Terrace (“Property”) and

WHEREAS, an existing Easement for All Public Uses (“Easement”) was granted to the City of Madison (“City”) over the Property via the Plat of Sky View Terrace, recorded in the Register of Deeds Office in Volume 19 of Plats, Pages 15 - 16 as Document No. 0918879, City of Madison, Dane County, Wisconsin (“Plat”); and

WHEREAS, the Owner submitted an application to the City for a demolition permit to demolish an existing single-family residence on the Property, along with a site plan depicting a proposed single-family residence with portions of the proposed driveway and retaining wall improvements encroaching upon a portion of the Easement; and

WHEREAS, as a condition of application and site plan approval, the City is requiring the Owner to obtain a Consent to Occupy Easement from the City to legally allow the Owner’s new improvements to be located within that certain portion of the Easement, as described on attached Exhibit A and depicted on attached Exhibit B (“Consent to Occupy Area”); and

WHEREAS, the City’s Storm Water Engineering Division has reviewed and approved the Consent to Occupy Easement for the Owner’s improvements that encroach into the Easement, provided the that key terms and conditions are met prior to document execution, a...

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