Fiscal Note
No City appropriation required.
Title
Authorizing the acceptance of a limited easement for public bus shelter purposes from Sherman Plaza, Inc. on a portion of the property located at 2901 N. Sherman Avenue. (12th AD)
Body
WHEREAS, Sherman Plaza, Inc. (“Owner”) is the owner of record for the property located at 2901 N. Sherman Avenue, which is legally described on attached Exhibit A (“Property”); and
WHEREAS, a long term goal of the City of Madison (“City”) is the addition of bus shelter improvements adjacent to an existing bus shelter serving the northbound lanes of N. Sherman Avenue adjacent to the Property to provide shelter for Metro Transit Utility (“Metro”) riders, particularly during the winter months; and
WHEREAS, the construction of the bus shelter improvements would require the use of a portion of the Property, and the Owner has agreed to grant a limited easement for public bus shelter purposes (“Easement”) to the City, at no cost to the City, for the area depicted on attached Exhibit B (“Easement Area”); and
WHEREAS, Metro staff reviewed and approved of the Easement terms and conditions, and the Owner agreed to the same terms and conditions by executing the Easement on November 9, 2020.
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and the City Clerk are hereby authorized to accept a Limited Easement for Public Bus Shelter Purposes subject to the following terms and conditions:
1. Construction, Restoration, Repair and Maintenance.
a. The City shall be solely responsible for the construction, repair, and maintenance of the bus shelter structure and related improvements.
b. The work of construction, repair and maintenance of the bus shelter improvements by the City shall be done and completed in a good and professional manner and shall be performed in such a manner as in no way to interfere with or endanger the use of the remainder of the Property.
c. The City shall maintain the bus shelter improvements in a clean and attrac...
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