Fiscal Note
The reversionary title transfer of vacated Moonlight Trail and the four (4) public alleys rights-of-ways belongs to adjoining land owner MB Investments of Wisconsin, LLC to facilitate future redevelopment of the site, and does not require expenditure of City funds.
Title
Vacating Moonlight Trail from Ancient Oak Lane to Winter Frost Place and public alleys located within Outlots 14, 15, 16 and 21, Linden Park, as dedicated by said Linden Park, recorded in Volume 59-095B of Plats on Pages 488-493 as Document No. 4139208, Dane County Registry, located in the Northeast ¼ and the Northwest ¼ of the Northeast ¼ of Section 33, Town 07 North, Range 08 East, City of Madison (formerly Township of Middleton), Dane County, Wisconsin, and Authorizing the Mayor and City Clerk to execute the final public utility easement release document administered by the City Office of Real Estate Services.
Body
WHEREAS, the Plat of Linden Park was recorded in Volume 59-095B of Plats on Pages 488-493 as Document No. 4139208, Dane County Registry; and
WHEREAS, the Plat of Linden Park dedicated Moonlight Trail and four (4) public alleys contained within Outlots 14, 15, 16 and 21; and
WHEREAS, the Developer, at the present time, has not proceeded with the Phase Development of this portion of the Linden Park plat and there has been no design work completed by the City of Madison, nor any public improvements built; and
WHEREAS, the Developer reports to the City of Madison that the "Carriage Lane" style residential design has been outsold nearly four (4) to one (1) by the conventional garage forward residential design; and
WHEREAS, the Developer is desirous to replat a portion of Linden Park as shown on the Preliminary Final Plat of First Addition to Linden Park which is attached and made part of this resolution; and
WHEREAS, the proposed replat results in a seventeen (17) lot residential dwelling unit reduction, yet remains well within the density requirements contained in the approved neighborhood plan; and
WHEREAS, the proposed replat requires the vacation of Moonlight Trail and the four (4) public alleys contained within Outlots 14, 15, 16 and 21; and
WHEREAS, the proposed replat also requires the release of various public utility easements which shall be obtained, solely by the Developer, from the various public utilities and recorded with the Dane County Register of Deeds; and
WHEREAS, the Developer shall provide the recorded public utility release documents to the City Office of Real Estate Services prior to the Real Estate Unit recording a final City of Madison Easement Release Document with the Dane County Register of Deeds; and
WHEREAS, the City of Madison Engineering Division has established Engineering Project No. 53B2754 - First Addition to Linden Park and the City Office of Real Estate Services has established Real Estate Project No. 8962 relative to the Street/Alley Vacations and Utility Easement Releases; and
NOW THERFORE BE IT RESOLVED, that the City Of Madison hereby conditionally discontinues and vacates Moonlight Trail from Ancient Oak Lane to Winter Frost Place and the four (4) public alleys contained within Outlots 14, 15, 16 and 21 under WI Ss 66.296(2) as mapped and described on attached legal description and map exhibits attached that have been made part of this resolution, also described as follows:
LEGAL DESCRIPTION: Dedicated Moonlight Trail from Ancient Oak Lane to Winter Frost Place and public alleys located within Outlots 14, 15, 16 and 21, Linden Park, as dedicated by said Linden Park, recorded in Volume 59-095B of Plats on Pages 488-493 as Document No. 4139208, Dane County Registry, located in the Northeast ¼ and the Northwest ¼ of the Northeast ¼ of Section 33, Town 07 North, Range 08 East, City of Madison (formerly Township of Middleton), Dane County, Wisconsin; and
NOW THEREFORE BE IT FURTHER RESOLVED, prior to the recording of this adopted street vacation resolution, the Developer shall provide recorded copies of the related public utility release documents to the City Office of Real Estate Services. The City Office of Real Estate Services will then record a final City of Madison Easement Release Document with the Dane County Register of Deeds; and
NOW THEREFORE BE IT FURTHER RESOLVED, if for any reason, the proposed First Addition to Linden Park is not approved by the City of Madison, this resolution will no longer be valid and binding; and
NOW THEREFORE BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized to execute the necessary related final public utility release document to be administered by the City Office of Real Estate Services by Real Estate Project No. 8962; and
NOW THEREFORE BE IT FURTHER RESOLVED, that the City Clerk is authorized to validate this street vacation by recording the resolution together with the attached "Street_Alley_Vacation_Map.pdf" with the Dane County Register of Deeds;
PUBLIC HEARING NOTICE MAILING LIST:
MB Investments of Wisconsin, LLC
c/o Mr. Don Esposito
6801 South Towne Drive
Madison, WI 53713