Fiscal Note
Fiscal note pending.
Title
Authorizing the Mayor and City Clerk to enter into a Detachment Attachment Agreement with the Town of Burke and the Owners of Town parcels located at 4792, 4806, and 4814 Felland Road.
Body
WHEREAS, the City of Madison (hereinafter referred to as the “City”), the Town of Burke (the “Town”), the City of Sun Prairie and the Village of DeForest entered into a Cooperative Plan (the “Plan”) approved by the State of Wisconsin Department of Administration pursuant to Wis. Stat. § 66.0307 on May 4, 2007; and,
WHEREAS, under Section 3 of the Plan, any of the municipal parties, by agreement with the Town and the affected property owner, may detach lands to Burke in order to consolidate parcels under common ownership into a single jurisdiction, said agreement to be effected by a detachment ordinance enacted by the detaching municipality. Upon detachment of any territory under the Plan, land detached to the Town shall be added to the Boundary Adjustment Area of the detaching municipality and governed by the applicable provisions of the Plan until subsequently reattached to the municipality or final attachment and dissolution of the Town on October 27, 2036; and,
WHEREAS, during the review of the proposed Reiland Grove subdivision adjacent to the Town properties at 4792, 4806, and 4814 Felland Road (the “Properties”), numerous ownership and boundary issues were identified. The ownership and boundary issues were the result of historic errors in the legal descriptions and property conveyances that do not match the boundaries of the Properties as they have been developed and understood for years; and,
WHEREAS a portion of the Properties were annexed to the City of Madison by Ordinance 12791 (ID 29074), adopted by the Common Council on March 20, 2001, said annexation legal description it was later determined having been impacted by the aforementioned surveying errors; and,
WHEREAS VH 902 Reiner, LLC and November Investors, LLC as owners of the adjacent future Reiland Grove subdivision recently conveyed by quit claim deed four strips of land to the respective owners of the adjacent Town Properties to correct the historic title issues along their common boundary, said strips of land being located in the City by virtue of the 2001 annexation ordinance; and,
WHEREAS, the owners of the Properties have expressed an interest in combining their parcels in the Town with their adjacent parcels located in the City for ease of ownership during the remainder of the Boundary Adjustment Period of the Town; and,
WHEREAS, pursuant to Wis. Stat. § 66.0301, Wisconsin municipalities are authorized to enter into intergovernmental agreements; and,
WHEREAS in the opinion of the City Attorney and Planning Division it would be in the best interests of all parties for the Properties to be entirely in one municipality until final attachment and dissolution of the Town on October 27, 2036,
NOW THEREFORE BE IT RESOLVED that, pursuant to the terms of Section 3 of the Plan, the Mayor and City Clerk are hereby authorized to enter into a Detachment Agreement with the Town of Burke and the Owners of Town parcels located at 4792, 4806, and 4814 Felland Road, which will allow the detachment of Properties from the City to the Town in order to consolidate the parcels under common ownership into a single jurisdiction.
BE IT FURTHER RESOLVED that upon detachment of any territory under this Agreement, the ordinance, certificate, and plat shall be filed in accordance with §66.0227(5), Wis. Stats. Land detached to Burke shall be added to the Boundary Adjustment Area of the City of Madison and governed by the applicable provisions of the Plan until subsequently reattached no later than 12:01 a.m. on October 27, 2036.