Fiscal Note
Under terms of the City of Madison/Town of Middleton Cooperative Plan, annexation of non-commercial property such as is proposed in this Ordinance is exempt from revenue sharing requirements. Therefore, no appropriation is required in conjunction with this annexation.
Title
Creating Section 15.01(560) of the Madison General Ordinances entitled "City Boundaries" and being part of the chapter entitled "Aldermanic Districts and Wards" attaching to the 9th Aldermanic District the Kenton Peters Attachment, and amending Section 15.02(113) of the Madison General Ordinances to add the attached property to Ward 113.
Body
DRAFTER'S ANALYSIS: This ordinance annexes land in the Town of Middleton pursuant to the procedure in the City of Madison/Town of Middleton Cooperative Plan.
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An ordinance to create Subsection (560) of Section 15.01 of the General Ordinances of the City of Madison entitled "City Boundaries" and being part of the chapter entitled "Aldermanic Districts and Wards".
WHEREAS, a petition for attachment with scale map attached was filed with the City Clerk of Madison on November 8, 2006 and has been presented to the Madison Common Council requesting attachment of the below-described territory to the City of Madison from the Town of Middleton; said petition having been signed by the owners of all of the land in the territory and notice of the proposed attachment having been given to the Town of Middleton; and
WHEREAS, investigation by the City of Madison discloses that as of this date the above representations are true, the Common Council now accepts the petition as sufficient and determines that the said attachment proceeding meets the requirements of the City of Madison and Town of Middleton Cooperative Plan approved pursuant to Section 66.0307, Wisconsin Statutes;
NOW, THEREFORE, the Common Council of the City of Madison do ordain as follows:
1. Subsection (560) of Section 15.01 of the Madison General Ordinances is hereby created
to read as follows:
"15.01(560) - There is hereby attached to the 9th Aldermanic District, the City of Madison, Dane County, Wisconsin, the following described property:
Part of the Northwest 1/4 of the Southeast 1/4 of Section 27, T7N, R8E, Town of Middleton, Dane County, Wisconsin, to wit:
Beginning at a point at the intersection of the North line of Applewood Hill plat and the East line of the said Northwest 1/4 of the Southeast 1/4 of the said Section 27; thence continuing along the North line of the said Applewood Hill plat, S88°28'01"W, 367.29 feet to the East line of County Trunk Highway M and a point on a curve; thence Northeasterly along said East line, on a curve to the right which has a radius of 11,560 feet and a chord which bears N23°54'31"E, 513.18 feet; thence continuing along the said East line of County Truck Highway M, N22°38'13"E, 132.60 feet; thence continuing along the said East line of County Trunk Highway M, N67°21'47"W, 30.00 feet; thence continuing along the said East line of County Trunk Highway M, N22°38'13"E, 404.41 feet to the intersection of the East line of the said Northwest 1/4 of the Southeast 1/4 of Section 27; thence along said East line, S1°10'30"W, 966.71 feet to the point of beginning. This parcel contains 169,682 Sq. Ft."
2. Subsection (113) of Section 15.02 entitled "Wards and Ward Boundaries" of the Madison General Ordinances is created to read as follows:
"(113) Ward 113. Part of the SW 1/4 of Section 23, the NW 1/4 and the SW 1/4 of Section 26 and the SE 1/4 of Section 27, T7N, R8E, Town of Middleton, Dane County, Wisconsin, more fully described as follows: Beginning at the East 1/4 corner of said Section 27; thence N01°32'33"E, 1,353.4 feet, more or less, to the South line of lands presently owned by Richard Dohm (Volume 22048, page 38 and Volume 9677, page 81, parcel No. 038-0708-262-8650-2); thence Easterly, along the South Line of said Richard Dohm lands, 604.4 feet, more or less, to the Westerly right-of-way line of the West Beltline Highway; thence Northwesterly along said Westerly right-of-way line, 1132.3 feet, more or less; thence S62°59'28"W, 20.00 feet, more or less, to the East line of said Section 27; thence N26°24'35"W to the point of intersection with a line that is parallel to and 200.00 feet South of, measured at right angles to, said North line; thence East along a line that is parallel to and 200.00 feet South of, measured at right angles to, the North line of said Section 27 and the North line of Section 26, T7N, R8E, to its point of intersection with the West line of the East 861.07 feet of the NW 1/4 of the NW 1/4 of said Section 26; thence North along the last mentioned West line to a point that is 60.00 feet South of, measured at right angles to, the North line of the NW 1/4 of said Section 26; thence Easterly along a line that is parallel to and 60.00 feet South of, measured at right angles to, the North line of the NW 1/4 of said Section 26, to a point which is 10 feet East of the Northwest corner of the property described in Volume 14347 of Records, Page 6; thence S01°26'00"E, 292.56 feet; thence N88°46'36"E, 46.00 feet; thence N01°26'00"W, 29.66 feet; thence N01°20'20"W, 33.23 feet; thence N88°53'54"E, 10.00 feet to the West line of Certified Survey Map No. 7773; thence N88°46'36"E, 338.13 feet, more or less, to a point on a line that is parallel to and 96.00 feet West of, measured at right angles to, the East line of the NW 1/4 of the NW 1/4 of said Section 26; thence Northerly 423.66 feet on the last mentioned East line and a line that is parallel to and 96.00 feet West of, measured at right angles to, the East line of the SW 1/4 of the SW 1/4 of Section 23, T7N, R8E; thence N88°46'36"E, 178.46 feet on a line that is 133.00 feet North of and parallel to the South line of said Section 23 to the West line of the property described in Volume 84 of Records, Page 578; thence N00°36'38"E on said West line to the Northwest corner of said property; thence East 137.0 feet along the South line of said Outlot 1 to the Northwest corner of the property described in Volume 335 of Records, Page 44, and recorded in the Dane County Register of Deeds Office; thence S00°36'36"W (recorded as S00°01'00"W), 217.94 feet along the West line of the property described in said Volume 335 of Records to a point that is 100.0 feet North of, measured at right angles to, the South line of the SW 1/4 of said Section 23; thence S88°46'36"W, 282.50 feet along the line that is parallel to and 100.0 feet North of the South line of the SW 1/4 of said Section 23to a point that is 63.00 feet West of the East line of the SW 1/4 of the SW 1/4 of said Section 23; thence Southerly 423.66 feet, more or less, along a line that is parallel to and 63.00 feet West of the East line of the SW 1/4 of the SW 1/4 of said Section 23 and the East line of the NW 1/4 of the NW 1/4 of said Section 26; thence S88°46'36"W, 371.13 feet; thence S01°26'00"E, 39.69 feet; thence S88°46'36"W, 66.00 feet; thence N01°26'00"W, 270.20 feet; thence S88°46'36"W, 147.89 feet; thence S01°26'00"E, 88.35 feet; thence S78°35'46"W, 197.29 feet; thence S01°13'25"E, 16.78 feet; thence S88°46'36"W, 131.06 feet to the Northeast right-of-way line of said West Beltline Highway; thence S10°16'29"E, 302.29 feet on said Northeast right-of-way line; thence S16°56'52"E, 190.83 feet on said Northeast right-of-way line to a point of curve; thence on a curve to the left, convex to the Southwest, having a radius of 3,154.05 feet and a long chord that bears S32°59'23"E, 414.14 feet on said Northeast right-of-way line to a point of compound curve; thence on a curve to the left, convex to the Southwest, having a radius of 3,699.72 feet and a long chord that bears S37°18'31"E, 71.62 feet on said Northeast right-of-way line; thence S43°07'21"E, 273.95 feet on said Northeast right-of-way line to its point of intersection with the South line of the NW 1/4 of the NW 1/4 of said Section 26; thence N88°19'40"W, 325.00 feet, more or less, along the South line of the NW 1/4 of the NW 1/4 of said Section 26 to its point of intersection with the Southwest right-of-way line of said West Beltline Highway; thence Southeasterly 900.00 feet, more or less, along the said Southwest right-of-way line of the West Beltline Highway on a curve to the left convex to the Southwest to its point of intersection with the West right-of-way line of South High Point Road as presently located; thence Southerly along said right-of-way line to a point which is 4.37 feet North of the Southeast corner of the NW 1/4 of the SW 1/4 of said Section 26; thence S88°31'05"W, 1,142.12 feet; thence S00°22'47"W, 9.40 feet to the South line of the said NW 1/4 of the SW 1/4; thence S88°15'58"W, along said South line, 174.00 feet to the West line of said Section 26 and the Northwest corner of Certified Survey Map Number 8220; thence Northerly along said West line, 11.70 feet, more or less, to the Northeast corner of Applewood Hill plat, according to the recorded plat thereof; thence S87°55'01"W, along the North line of said Applewood Hill plat, 1316.23 feet, more or less, to the West line of the NE 1/4 of the SW 1/4 of said Section 27; thence Northerly 962 feet, more or less, along said West line to the intersection with the Southeasterly right-of-way line of County Trunk Highway "M" (Dane County Highway Project No. 1204); thence continuing along the North line of the said Applewood Hill plat, S88°28'01"W, 367.29 feet to the East line of County Trunk Highway M and a point on a curve; thence Northeasterly along said East line, on a curve to the right which has a radius of 11,560 feet and a chord which bears N23°54'31"E, 513.18 feet; thence continuing along the said East line of County Truck Highway M, N22°38'13"E, 132.60 feet; thence continuing along the said East line of County Trunk Highway M, N67°21'47"W, 30.00 feet; thence continuing along the said East line of County Trunk Highway M, N22°38'13"E, 404.41 feet to the intersection of the East line of the said Northwest 1/4 of the Southeast 1/4 of Section 27; thence Northwesterly 70.00 feet measured at right angles to the reference line of said County Trunk Highway "M" to the reference line of said C.T.H. "M"; thence Northerly 353 feet, more or less, along said reference line to the South line of the Northeast 1/4 of said Section 27; thence South 89°32'56" East, along said South line, 60.00 feet, more or less, to the East right-of-way line of said County Trunk Highway "M" as designated by Commerce Square plat; thence continuing S89°32'56"E, 1256.97 feet on said South line to the East 1/4 corner of said Section 27 and the point of beginning. This description contains approximately 122.0 acres or 0.1906 square miles. Polling location at High Point Church, 7702 Old Sauk Rd."
3. If any provision of this ordinance is invalid or unconstitutional, or if the application of this ordinance to any person or circumstances is invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the other provisions or applications of this ordinance which can be given effect without the invalid or unconstitutional provision or application.