Madison, WI Header
File #: 01042    Version: 1 Name: Fobes annexation
Type: Ordinance Status: Passed
File created: 4/19/2005 In control: PLAN COMMISSION
On agenda: 5/17/2005 Final action: 5/17/2005
Enactment date: 6/8/2005 Enactment #: ORD-05-00109
Title: Creating Section 15.01(545) of the Madison General Ordinances entitled "City Boundaries" and being part of the chapter entitled "Aldermanic Districts and Wards" annexing to 16th Aldermanic District the Fobes Annexation, and amending Section 15.02(4) of the Madison General Ordinances to add the attached property to Ward 4.
Sponsors: David J. Cieslewicz
Attachments: 1. Maps & Petition.pdf, 2. Comments.pdf, 3. 01042 annexation memo.pdf, 4. 01042 annexation certification.pdf, 5. 01042 Town of Blooming Grove certified mail receipt.pdf, 6. 01042 Certified Mail Receipt.pdf, 7. 01042 certification.pdf
Fiscal Note
Beginning in 2007, the City will make annual payments for five years of an estimated $869 to the Town of Blooming Grove (an amount equal to the town levy on the territory for the year 2005).  The payments will come from the General Fund Miscellaneous account and will be accommodated in future budgets.
Title
Creating Section 15.01(545) of the Madison General Ordinances entitled "City Boundaries" and being part of the chapter entitled "Aldermanic Districts and Wards" annexing to 16th Aldermanic District the Fobes Annexation, and amending Section 15.02(4) of the Madison General Ordinances to add the attached property to Ward 4.
Body
DRAFTER'S ANALYSIS:  This ordinance is a unanimous annexation of approximately eighteen (18) acres from the Town of Blooming Grove.
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An ordinance to create Subsection (541) 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, a petition with scale map attached was filed with the City Clerk of Madison on January  25, 2005, with the Clerk of the Town of Blooming Grove on January 26, 2005, and delivered to the Municipal Boundary Review Section, Department of Commerce, State of Wisconsin, on January 26, 2005, and has been presented to the Madison Common Council requesting annexation of lands to the City of Madison from the Town of Blooming Grove; said petition for Direct Annexation having been signed by all one (1) of the electors and the owners of all of the real property in the territory, and which territory lies contiguous to the City of Madison; and
WHEREAS, the City Plan Commission and Common Council have not adopted a neighborhood plan for this area, as of this time; and,
WHEREAS, the area covered by the annexation petition and ordinance will be further developed after a neighborhood plan is prepared and adopted; and,
WHEREAS,  the City of Madison will provide the full range of urban services to this site prior to further development.
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 May 2, 2005, 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 the determination of the Department of Commerce, Municipal Boundary Review Section, State of Wisconsin, that the below described annexation has been reviewed and found to be in the public interest, 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 (545) of Section 15.01 of the Madison General Ordinances is hereby created to read as follows:
"15.01(545) - There is hereby attached to the 16th Aldermanic District, the City of Madison, Dane County, Wisconsin, the following described property; and pursuant to the provisions of Sec. 28.04(7), Madison General Ordinances, and in accordance with the  recommendation of the Plan Commission of the City of Madison, Dane County, Wisconsin, the territory annexed by this ordinance is hereby assigned a temporary zoning classification of  A - Agriculture District:
 
A parcel of land located in the West 1/2 of the NE 1/4 and in the East 1/2 of the NW 1/4 all in Section 14, T7N, R10E, Town of Blooming Grove, Dane County, Wisconsin, more fully described as follows:
 
Commencing at the East 1/4 corner of said Section 14; thence S88°01'38"W, along the South line of the NE 1/4 of said Section 14, 2,648.06 feet to the center of said Section 14; thence S87°32'35"W, along the South line of the NW 1/4 of said Section 14 and the existing City of Madison corporate limits, 352.25 feet to the point of beginning of this description; thence N0°48'15"W, 1103.04 feet; thence N88°01'52"E, 479.89 feet; thence N0°58'41"W, 621.84 feet to the Southerly right-of-way line of Buckeye Road (C.T.H. "AB") and the existing City of Madison corporate limits; thence S81°51'02"W, along the Southerly right-of-way line of Buckeye Road (C.T.H. "AB") and the existing City of Madison corporate limits, 126.84 feet; thence S67°36'00"W, along said Southerly right-of-way line and said existing corporate limits, 468.44 feet; thence S69°35'18"W, along said Southerly right-of-way line and said existing corporate limits, 423.96 feet to its intersection with the Northeasterly right-of-way line of Interstate Highway "90"; thence S13°29'42"E, along the Northeasterly right-of-way line of Interstate Highway "90" and the existing City of Madison corporate limits, 1,443.79 feet to its intersection with the South line of the NW 1/4 of said Section 14; thence N87°32'25"E, along the South line of the NW 1/4 of said Section 14 and the existing City of Madison corporate limits, 165.71 feet to the point of beginning.  Contains 766,790 sq. ft. or 17.60 acres."
 
2.      Subsection (4) of Section 15.02 entitled "Wards and Ward Boundaries" of the Madison General Ordinances is amended to read as follows:
"Ward 4. Beginning at a point in the limits line of the City of Madison, said point being the point of intersection of the East right-of-way line of Interstate Highway 90 and the South line of East Buckeye Road; thence Northerly along the Northerly prolongation of the East right-of-way line of Interstate Highway 90 to the centerline of East Buckeye Road; thence Westerly along the centerline of East Buckeye Road to the centerline of Droster Road thence Northerly along the centerline of Droster Road to the centerline of South Thompson Drive; thence Northerly along the centerline of South Thompson Drive to the centerline of Cottage Grove Road; thence Easterly along the centerline of Cottage Grove Road to the point of intersection with the Northerly prolongation of the East line of Richmond Hill Plat, City of Madison, Dane County, Wisconsin; to the point of intersection with the Northerly prolongation of the West line of Lot 2, C.S.M. No. 353; thence Southerly to the Northwest corner of said Lot, C.S.M. No. 353; thence S02º23'46"E, 200.00 feet; thence N87º36'14"E, 226.90 feet; thence N02º20'14"W, 58.75 feet; thence N87º23'24"E, 276.10 feet; thence N00°02'54"E. 140.34 feet; thence N87º36'14"E, 89.66 feet; thence Southwesterly along the arc of a curve to the right having a radius of 30.00 feet and long chord bearing and distance of S46º25'10"E, 43.14 feet to a point of tangency; thence N89º33'26"E, 66.00 feet to the East line of Sprecher Road; thence S00º26'34"E, 451.69 feet; thence S89º21'47"W, 452.83 feet; thence S22º37'47"W, 113.04 feet to the center line of Palace Road; thence Northwesterly along the arc of curvature to the left having a radius of 117.00 feet and a long chord bearing and distance of N78º54'06"W, 46.78 feet along the centerline of Palace Road; thence continuing along said centerline S89º34'00"W, 599.00 feet to the centerline of Severson Drive; thence N00º26'00"W, 124.30 feet along said centerline; thence Northeasterly along the arc of curvature to the right left having a radius of 183.00 feet and a long chord bearing and distance of N13º53'00"E, 90.71 feet along the centerline of Severson Drive; thence N28º16'00"E, 53.11 feet; thence Northeasterly along the arc of curvature to the right left having a radius of 183.00 feet and a long chord bearing and distance of N15º39'32"E, 79.89 feet, along said centerline; thence N71º37'51"W, 170.89 feet; thence N00º46'08"W, 148.56 feet; thence Westerly along the North line of Lot 81, Rambling Acres to the East line of Richmond Hill Plat, City of Madison, Dane County, Wisconsin; thence Southerly along the East line of said Richmond Hill Plat and the Southerly prolongation of said East line to the South line of East Buckeye Road; thence Westerly along the South line of East Buckeye Road to a point located N81°51'02"E, 126.84 feet, as measured along the South line of East Buckeye Road, from the intersection of the West line of the Northeast 1/4 of Section 14 and the South line of East Buckeye Road (CTH "AB"); thence S0°58'41"E, 621.84 feet; thence S88°01'52"W, 479.89 feet, thence S0°48'15"E, 1103.04 feet to the South line of the Northwest 1/4 of Section 14; thence S87°32'25"W, 165.71 feet to the Easterly line of Interstate Highway 90; thence N13°29'42"W, 1443.79 feet along said Easterly line to the point of beginning. Polling place at Elvehjem Elementary School, 5106 Academy Drive."
 
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 17th of May, 2005.
 
Annexation vote:                        Temporary Zoning vote:
Ayes: 19                                          Ayes: 19                     
Noes:   0                                        Noes:   0