Fiscal Note
No expenditure of City funds are required for this partial vacation and discontinuance of approximately 14,239 sq. ft. or 0.327 acres of public street right-of-way within the Triangle Plat to allow the replatting of a portion of excess Right-of-Way in Community Development Authority Re-development.
Title
Vacating and discontinuing portions of Braxton Place public street right-of-way within the Triangle Plat to allow the said lands to be included the replatting parts of Lot 1 and 2 of CSM No. 1596 . Being located in part of the Northeast 1/4 of the Southwest 1/4 of Section 23, Township 7 North, Range 9 East, City of Madison, Dane County, Wisconsin. (District 13)
Body
WHEREAS, the Triangle Plat was approved by the City of Madison Common Council by Enactment Number 18,014, File I.D. Number 4614-67, as adopted on the 11th of July, 1968 and the said Enactment provided for the acceptance of the lands dedicated for public street right-of-ways; and
WHEREAS, the Triangle Plat was subsequently recorded on the 5th of August, 1968 in Volume 34 of Plats, on pages 21-23, as Document No. 1220391, Dane County Register of Deeds, which contained the right-of-way dedicated for Braxton Place: and
WHEREAS, an application was made with the Department of Planning & Community & Economic Development for a Certified Survey Map of property owned by Community Development Authority of the City of Madison located at 755 Braxton Place, The land division reconfiguring portions of Lots 1 and 2 of Certified Survey Map No.1596 and portions of Braxton Place; and
WHEREAS, the said Certified Survey Map of property owned by Community Development Authority was conditionally approved by the City of Madison Common Council by Enactment Number RES-24-00405, File I.D. Number 82976, as adopted on the 18th of June, 2024; and
WHEREAS, the conditionally approved a Certified Survey Map of property owned by Community Development Authority will alter areas dedicated to the public for public street right-of-way, and the land division may not be recorded until those areas dedicated to the public for street right-of-way by Triangle Plat have been properly vacated and discontinued under s. 66.1003 Wisconsin Statutes; and
WHEREAS, the excess right-of-way of Braxton Place dedicated by the Triangle Plat, are to be vacated and discontinued. Vierbicher and Associates Inc. and City of Madison Engineering Division, have prepared the necessary public right-of-way vacation and discontinuance maps (Exhibit A) and legal descriptions (Exhibit B) delineating all of these areas to be discontinued, the Exhibits are attached hereto and made part of this resolution; and
WHEREAS, this vacation and discontinuance will not result in a landlocked parcel of property adjacent to these proposed areas of vacation and discontinuance; and
WHEREAS, the City Engineering Division recommends approval of these public right-of-way vacations and discontinuances 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-ways as shown on attached Exhibit A and described on attached Exhibit B, under Wisconsin ss. 66.1003(4), upon completion of the following conditions:
• The Developer of the Certified Survey Map of property owned by Community Development Authority of the City of Madison located at 755 Braxton Place, The land division reconfiguring portions of Lots 1 and 2 of Certified Survey Map No. 1596 shall enter into any agreement(s) required by the City of Madison in conjunction with the approval of the proposed development said lands.
• The conditions of approval for the preliminary and final plat for the Certified Survey Map of property owned by Community Development Authority of the City of Madison located at 755 Braxton Place, The land division reconfiguring portions of Lots 1 and 2 of Certified Survey Map No. 1596 shall be addressed to the satisfaction of the City of Madison Engineer.
BE IT FURTHER RESOLVED, that, under Wisconsin ss. 66.1005(2)(a)(1) the City of Madison releases any easements and rights it may have within the public right-of-ways being vacated and discontinued; and
BE IT FURTHER RESOLVED, under Section 66.1005(2), Wisconsin Statutes any other existing easements and rights that exist within the vacated and discontinued public right-of-ways and unpaved public alleys 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 completion all street vacation and discontinuance conditions identified above to the satisfaction of the City Engineer, the City Engineer will then authorize the City Clerk to validate and make effective this street vacation and discontinuance by recording it with all 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.