Fiscal Note
The proposed resolution authorizes the vacation and discontinuance for public street purposes of approximately 67,638 sq. ft. or 1.553 acres of public street right-of-way of University Bay Drive allowing for the future proposed Lakeshore Nature Preserve Frautschi Center located at 1972 University Bay Drive and accepts a Permanent Limited Easement for public street purposes realigning University Bay Drive. No City funds required.
Title
Vacating and discontinuing a portion of public street right-of-way of University Bay Drive; realigning and accepting a Permanent Limited Easement for public street purposes; and amending the City of Madison Official Map, all to allow for the future relocation of University Bay Drive and construction of the Lakeshore Nature Preserve Frautschi Center. Located in part of the Southeast 1/4 of the Northeast 1/4 and part of the Southwest 1/4 of the Northeast 1/4 of Section 16, Township 7 North, Range 9 East, City of Madison, Dane County, Wisconsin. (District 5)
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WHEREAS, A Town Road and Public Right-of-Way by Highway Easement was established within the former Town of Madison, which was physically established, renamed, and realigned over the years and is now known as University Bay Drive through parts of Section 16 Township 7 North, Range 9 East; and
WHEREAS, the Right-of-Way of University Bay Drive described above was annexed to the City of Madison from the Town of Madison by Ordinance No. 1390, File No. 5046-97, adopted by the Madison Common Council on September 13, 1962; and
WHEREAS, over time, this portion of the Town of Madison was absorbed into the University of Wisconsin campus, and the road now known as University Bay Drive is maintained by the University as a campus roadway; and
WHEREAS, University Bay Drive is identified on the City of Madison Official Map and on maps maintained by the Greater Madison Metropolitan Planning Organization (MPO), which categorizes the road as an “urban collector”; and
WHEREAS, an application was made with the Department of Planning & Community & Economic Development to change the zoning of property located at 1970-1978 University Bay Drive from CN (Conservancy) District to PR (Parks and Recreation) District as Ordinance ID No. 87841; and
WHEREAS, an application was made with the Department of Planning & Community & Economic Development for a Conditional Use (File ID 87657), to allow construction of a one-story, 11,500 square-foot visitor center for the Lakeshore Nature Preserve Frautschi Center at 1970-1978 University Bay Drive (“Visitor Center”) within, on the University of Wisconsin-Madison campus; and
WHEREAS, the applications and plans for the Visitor Center include the realignment of a part of University Bay Drive to allow a portion of the existing right of way to be used as part of the proposed development. Therefore, the proposed realignment of University Bay Drive requires the discontinuance and vacation of a portion of the University Bay Drive right-of-way and the granting of a new Permanent Limited Easement for public street purposes; and
WHEREAS, the proposed portion of the public street right-of-way of University Bay Drive to be realigned, located in unplatted lands being part of the Southeast 1/4 of the Northeast 1/4 and part of the Southwest 1/4 of the Northeast 1/4 of Section 16, Township 7 North, Range 9 East, City of Madison, is to be discontinued and vacated. The consulting firm of GRAEF and City of Madison Engineering Division, have prepared the necessary public right-of-way vacation and discontinuance map (Exhibit A) and legal description (Exhibit B) delineating all of these areas to be discontinued, the Exhibits are attached hereto and made part of this resolution; and
WHEREAS, the proposed portion of the public street right-of-way of University Bay Drive to be realigned requires the grant of a new Permanent Limited Easement for public street purposes. The consulting firm of GRAEF and City of Madison Engineering Division, have prepared the necessary Permanent Limited Easement map (Exhibit C) and legal description (Exhibit D) for the required easement area. The Exhibits being 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 ownership of the unplatted lands adjacent to this proposed area of vacation and discontinuance; and
WHEREAS, the City Engineering Division recommends approval of this public right-of-way vacation and discontinuance, acceptance of the Permanent Limited Easement for the relocated roadway, and amendment to the Official Map to reflect these changes 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 conditions of approval as adopted by the Plan Commission for the proposed Conditional Use per Legislative File ID 87657 shall be addressed to the satisfaction of the City of Madison Engineer.
- The adoption of the Ordinance Amendment by the Common Council rezoning the property located at 1970-1978 University Bay Drive per Legislative File ID 87841.
- The Owner of the lands at 1970-1978 University Bay Drive granting a Permanent Limited Easement for public street purposes as necessary to realign University Bay Drive as proposed to allow the development and construction of the Visitor Center.
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 FURTHER RESOLVED, That the Mayor and City Clerk are hereby authorized to grant or accept dedication of lands and/or easements from/to the Owner for public street purposes located outside of existing public fee title or easement right-of-ways.
BE IT FURTHER RESOLVED, the City of Madison hereby amends the City of Madison Official Map to remove those lands being vacated and discontinued shown on attached Exhibit A and described on attached Exhibit B, and replaced with those shown on attached Exhibit C and described on attached Exhibit D pursuant to Section 16.25(6) of Madison General Ordinances and Wis. Stats. ss. 62.23(6)(c).
BE IT FURTHER RESOLVED, that notice of this amendment has been provided pursuant to the requirements under Wisconsin Statutes Sec. 62.23(6) and Section 16.25(6) of Madison General Ordinances.
BE IT FURTHER 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.