Fiscal Note
This property is already owned by the City of Madison; therefore, no compensation to the Town of Burke is required.
Title
Creating Section 15.01(554) of the Madison General Ordinances entitled "City Boundaries" and being part of the chapter entitled "Aldermanic Districts and Wards" annexing to the 3rd Aldermanic District the Water Utility Annexation and assigning a temporary zoning classification of A Agriculture District, creating Section 15.02(136) of the Madison General Ordinances to assign the attached property to Ward 136, and amending Section 15.03(3) to add Ward 136 to the 3rd Aldermanic District.
Body
DRAFTER'S ANALYSIS: This ordinance annexes land in the Town of Burke.
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An ordinance to create Subsection (554) 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, pursuant to sec. 66.0223, Wis. Stats., the City of Madison wishes to annex lands it owns in the Town of Burke as shown on the attached Plat of Survey; and
WHEREAS, the land is non-contiguous to the City of Madison and the planned use is as a water utility reservoir site, which use is not inconsistent with the existing county zoning; and
WHEREAS, pursuant to Sec. 28.04(7), Madison General Ordinances, the annexed territory is declared to be in the A Agriculture District and the annexation and temporary zoning were considered by the Plan Commission at its meeting of February 13, 2006, and adoption of the said annexation and zoning were recommended; and
WHEREAS, investigation by the City of Madison discloses that as of this date the above representations are true, and having been reviewed, the Common Council now accepts the petition as sufficient and determines that the said annexation proceeding meets the requirements of the Wisconsin Statutes;
NOW, THEREFORE, the Common Council of the City of Madison do ordain as follows:
1. Subsection (554) of Section 15.01 of the Madison General Ordinances is hereby created to read as follows:
"15.01(554) - There is hereby attached to the 3rd Aldermanic District, the City of Madison, Dane County, Wisconsin, the following described property:
Part of Lot 3, Certified Survey Map Number 1472, recorded in Volume 6 on Pages 165 and 166 of Certified Survey Maps, Dane County Register of Deeds, located in the SE 1/4 of the NW 1/4 of Section 35, T8N, R10E, Township of Burke, Dane County, Wisconsin, more fully described as follows:
Commencing at the N 1/4 corner of said Section 35, thence S0°19'36"W, along the N-S 1/4 line of said Section 35 1911.71 feet to the point of beginning; thence continuing S0°19'36"W, along said line, 33.00 feet; thence S89°29'07"W, along the north line of Lot 2 of said CSM, 1308.91 feet to the west line of said Lot 3; thence N0°12'13"W, along said west line, 361.00 feet; thence N89°29'07"E, 210.00 feet; thence S35°38'52"E, 344.35 feet; thence along the arc of a curve to the left whose radius is 700.00 feet and whose long chord bears S51°16'59"W, 74.96 feet; thence N89°29'07"E, 955.61 feet to the point of beginning.
Parcel contains 3.407 acres, more or less, including road right-of-way.
Parcel is subject to road right-of-way along its easterly boundary, as shown."
2. Subsection (136) of Section 15.02 entitled "Wards and Ward Boundaries" of the Madison General Ordinances is created to read as follows:
"(136) Ward 136. Part of Lot 3, Certified Survey Map Number 1472, recorded in Volume 6 on Pages 165 and 166 of Certified Survey Maps, Dane County Register of Deeds, located in the SE 1/4 of the NW 1/4 of Section 35, T8N, R10E, Township of Burke, Dane County, Wisconsin, more fully described as follows:
Commencing at the N 1/4 corner of said Section 35, thence S0°19'36"W, along the N-S 1/4 line of said Section 35 1911.71 feet to the point of beginning; thence continuing S0°19'36"W, along said line, 33.00 feet; thence S89°29'07"W, along the north line of Lot 2 of said CSM, 1308.91 feet to the west line of said Lot 3; thence N0°12'13"W, along said west line, 361.00 feet; thence N89°29'07"E, 210.00 feet; thence S35°38'52"E,
344.35 feet; thence along the arc of a curve to the left whose radius is 700.00 feet and whose long chord bears S51°16'59"W, 74.96 feet; thence N89°29'07"E, 955.61 feet to the point of beginning. Polling location at New Beginnings Alliance Church, 602 Acewood Boulevard."
3. Subsection (3) entitled "Third Aldermanic District" of Section 15.03 entitled "Aldermanic Districts" of the Madison General Ordinances is amended to read as follows:
"(3) Third Aldermanic District. Wards 5, 6, 7, 8, 9, 111, and 115, and 136.
4. 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.
EDITOR'S NOTE: Pursuant to Sec. 66.0217(8), Wis. Stats., this annexation ordinance must be enacted by a two-thirds vote of the elected members of the Common Council or at least 14 votes. A separate roll call vote is requested on the temporary zoning.
Adopted on roll call at a regular meeting of the Common Council of the City of Madison, Wisconsin, held on February 21st, 2006.
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Annexation vote: Temporary Zoning vote:
Ayes: _18________ Ayes: __18_______
Noes: __0_______ Noes: __ 0_______
Excused: _2 Excused: 2