City of Madison, Wisconsin | Legislative Information Center
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File #: 62352    Version: Name: 12170 - Rodefeld Landfill Utility Easement
Type: Resolution Status: Passed
File created: 9/23/2020 In control: Economic Development Division
On agenda: 11/17/2020 Final action: 11/17/2020
Enactment date: 11/24/2020 Enactment #: RES-20-00749
Title: SUBSTITUTE Authorizing the execution of an Underground Fiber Optic Conduit and Cable Line Easement to Dane County across portions of City-owned land located at 7401 USH 12 & 18. (16th AD)
Sponsors: Michael J. Tierney
Attachments: 1. 12170 Exhibit A Legal Description.pdf, 2. 12170 Rodefeld Fiber Exhibit B.pdf, 3. Locator Map.pdf, 4. 12170 FILE ID 62352 V1.pdf
Fiscal Note
The City’s Engineering Division and Real Estate Services have reviewed and approved the proposed easement. No City appropriation is required.
Title
SUBSTITUTE Authorizing the execution of an Underground Fiber Optic Conduit and Cable Line Easement to Dane County across portions of City-owned land located at 7401 USH 12 & 18. (16th AD)
Body
WHEREAS, the City of Madison (“City”) owns property located at 7401 USH 12 & 18 (“Property”), a general open space area adjacent to the Rodefeld Landfill site; and

WHEREAS, Dane County (“Grantee”) leases the Property for groundwater monitoring, soil stockpiles, and other purposes associated with the Grantee’s operation of said landfill, pursuant to that Lease (“Lease”) recorded June 23, 2014 as Doc. No. 5078421 in the office of the Register of Deeds for Dane County, Wisconsin; and

WHEREAS, the Grantee has requested an Underground Fiber Optic Conduit and Cable Line Easement across portions of the Property for new telecommunication facilities, a use that is allowed under the terms of said Lease; and

WHEREAS, City of Madison Engineering Division and Office of Real Estate Services staff has reviewed and approve of the granting of said easement.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Clerk are hereby authorized to execute an Underground Fiber Optic Conduit and Cable Line Easement to Dane County across portions of the Property, legally described on attached Exhibit A and depicted on attached Exhibit B, subject to the following conditions:

1. Use. The Grantee’s use of the Easement Area shall be limited to the right to construct, maintain, operate and/or remove underground fiber optic cable facilities, including, without limitation, cables, wires and conduit (collectively, the "Facilities"), together with the right of ingress and egress across the Easement Area for the purpose of access to and use of the Facilities.

2. Restrictions on Use. Notwithstanding the provisions of Paragraph 1, the Gr...

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