Fiscal Note
No expenditure of City funds are required for this vacation and discontinuance of approximately 29,418 sq. ft. or 0.675 acres of improved public street right-of-way of Kipp Circle within the plat of Marsh Road Industrial Subdivision for a proposed industrial development.
Title
Vacating and discontinuing Kipp Circle within the plat of Marsh Road Industrial Subdivision to allow the combining of lots for the development of a new industrial site. Being located in the Southwest 1/4 of the Northwest 1/4 of Section 26, Township 7 North, Range 10 East, City of Madison, Dane County, Wisconsin. (District 16)
Body
WHEREAS, the plat of Marsh Road Industrial Subdivision was conditionally approved by the City of Madison Common Council by Resolution Number 59745, as adopted on the 3rd day of September 2002, and the said Resolution provided for the acceptance of the lands dedicated for public street rights-of-way, including Kipp Circle; and
WHEREAS, the plat of Marsh Road Industrial Subdivision was subsequently recorded upon the satisfaction of the conditions of approval on the 27th of February 2003 in Volume 58-014B of Plats, on pages 75 - 76, as Document Number 3661189, Dane County Register of Deeds; and
WHEREAS, an application was made with the Department of Planning & Community & Economic Development on January 5, 2026 for a Certified Survey Map combining Lots 9 - 13 and the right-of-way of Kipp Circle (to be vacated and discontinued) of the plat of Marsh Road Industrial Subdivision. The Certified Survey Map will create the necessary legal parcel for a proposed industrial site; and
WHEREAS, the said Certified Survey Map was conditionally approved by the City of Madison Common Council by Enactment Number RES-26-00152, File I.D. Number 91648, as adopted on the 11th of March, 2026. The adopted resolution includes text resolving that the proposed Certified Survey Map may only be recorded once the vacation/discontinuance of Kipp Circle has been approved by resolution of the Common Council and recorded with the Dane County Register of Deeds; and
WHEREAS, an application for Site Plan Approval for a Permitted Use was made on March 13th, 2026 with the Department of Planning & Community & Economic Development, Accela Record LNDSPR-2026-00052, for the said proposed Industrial Development of the conditionally approved Certified Survey Map, the proposed site plan, (Exhibit D) is attached hereto and made part of this resolution. The conditions of the approval for the site plan include the vacation and discontinuance of Kipp Circle and the subsequent recording of the conditionally approved Certified Survey Map; and
WHEREAS, with the proposed Industrial Development and the conditionally approved Certified Survey Map combining the proposed vacated and discontinued Kipp Circle right-of-way with the abutting lots into one parcel, Kipp Circle is no longer necessary as a public right of way and can be vacated and discontinued; and
WHEREAS, JSD Professional Services and City of Madison Engineering Division, have prepared the necessary public right-of-way vacation and discontinuance map (Exhibit B) and legal description (Exhibit A) delineating all of Kipp Circle to be vacated and discontinued. The Exhibits are attached hereto and made part of this resolution; and
WHEREAS, the City Of Madison currently has existing public street and utility improvements within the public right-of-way of Kipp Circle. A condition of approval for the proposed Certified Survey map requires the owner of the Lots to enter into a Developer Agreement with the City of Madison for the removal of the City's public improvements and the construction of public improvements necessary for the vacation and discontinuance of Kipp Circle. A map of the City’s utilities within Kipp Circle are as shown on Exhibit C, attached hereto and made part of this resolution; and
WHEREAS, this vacation and discontinuance will not result in a landlocked parcel of property due to the current contiguous common singular ownership of Lots 9 - 13 of the plat of Marsh Road Industrial Subdivision; and
WHEREAS, the City Engineering Division recommends approval of this public right-of-way vacation and discontinuance, subject to conditions as noted herein.
NOW THEREFORE BE IT RESOLVED, that since the public interest requires it, the City Of Madison hereby conditionally vacates and discontinues the public right-of-way as described on attached Exhibit A and mapped on attached Exhibit B, under Wisconsin ss. 66.1003(4), upon completion of the following conditions:
• The Owner of Lots 9 - 13, Marsh Road Industrial Subdivision, shall enter into a Developer Agreement with the City of Madison, coordinated by City Engineering Division, for the removal of the City's public improvements and the construction of public improvements necessary for the vacation and discontinuance of Kipp Circle. The Developer Agreement shall include a required date of completion of all work.
BE IT FURTHER RESOLVED, that under Section 66.1005(2)(a), the City Of Madison releases all easements and rights it may have within the entire public right-of-way being vacated and discontinued, with the exception of retaining a Temporary Public Street Easement for maintenance of existing City of Madison public street and utility facilities (hereinafter “Public Facilities) within the vacation and discontinuance area as shown on Exhibit C. The easement shall remain effective until the Public Facilities have been removed and/or abandoned per City of Madison Engineer final approved plans per the required Developer Agreement. Upon the completion of the removal and/or abandonment of the public facilities, the temporary easement shall terminate without further notice; and
BE IT FURTHER RESOLVED, under Section 66.1005(2), Wisconsin Statutes, other than those easements and rights released above by the City of Madison, any other existing easements and rights that exist within the vacated and discontinued public right-of-way of Kipp Circle shall continue unless as otherwise provided by statute; and
BE IT FURTHER RESOLVED, under Section 66.1005(1), Wisconsin Statutes, reversionary rights of the public right-of-ways herein vacated and discontinued shall attach to the adjacent properties; and
BE IT FINALLY RESOLVED, upon Common Council adoption of this resolution and the completion all street vacation and discontinuance conditions identified above to the satisfaction of the City Engineer, the City Engineer shall then authorize the City Clerk to validate and make effective this street vacation and discontinuance by recording it with supplemental map exhibits with the Dane County Register of Deeds, authorizing all City agencies to administer the appropriate workflows to complete and finalize all land record database updates.