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 Public Sanitary Sewer Easement for the benefit of Malazi LLC, a Wisconsin limited liability company, or their successors and assigns, to allow certain private improvements within an existing easement granted to the public for sanitary sewer purposes on the property located at 1502 W. Broadway. (14th A.D.)
Body
WHEREAS, Malazi LLC, a Wisconsin limited liability company (“Owner”), submitted a Permitted Use Site Plan Review application to the City of Madison (“City”), seeking approval to construct a multi-tenant commercial building, identified as LNDUSE-2020-00032 (“Project”); and
WHEREAS, the Project affects the Owner’s property located at 1502 W. Broadway in the City of Madison, Dane County, Wisconsin, legally described in attached Exhibit A (“Property”); and
WHEREAS, the City is the grantee of a Public Sanitary Sewer Easement that runs through a portion of the Property, with said easement having been set forth by Certified Survey Map No. 11912, recorded as Document No. 4235707 on September 18, 2006, in the Office of the Register of Deeds in Dane County, Wisconsin (“City Easement”); and
WHEREAS, various proposed improvements associated with the Project are proposed to encroach upon a portion of the City Easement on the Property, as depicted on attached Exhibit B; and
WHEREAS, as a condition of the Project’s approval, a Consent to Occupy Easement (“Consent”) is required by the City’s Engineering Division to memorialize the placement of the following private storm sewer improvements in, on and across the City Easement (together, the “Permitted Encroachments”); and
Permitted Encroachments
A 24” RCP storm sewer pipe & outfall
B underdrain cleanout
C 6” PVC underdrain
D bioretention basin
E exterior storm sewer catch basin
F 15” RCP storm sewer pipe
G curb & gutter
H retaining wall
WHEREAS, the City’s Engineering Division has reviewed the location of the Permitted Encroachments in relation to the City Easement, and recommends the City’s execution of a Consent for the benefit of the Owner, subject to the terms and conditions specified therein.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Clerk are hereby authorized to execute a Consent to Occupy Public Sanitary Sewer Easement, for the Permitted Encroachments depicted on attached Exhibit B.