Fiscal Note
No expenditure of City funds are required for this vacation and discontinuance of approximately 105 sq. ft. or 0.002 acres of unimproved surplus public street right-of-way of Schewe Road to allow for the replatting and further dividing of Certified Survey Map No. 9672 and a portion of the Eagle Trace Plat.
Title
Vacating and discontinuing a small surplus portion public street right-of-way of Schewe Road dedicated by Certified Survey Map No. 9672 to allow for the redivision of Lot 1 of the Certified Survey Map and Outlot 1 of Eagle Trace. Located in the Northeast 1/4 of the Northeast 1/4 of Section 20, Township 7 North, Range 8 East, City of Madison, Dane County, Wisconsin. (District 9)
Body
WHEREAS, Certified Survey Map No. 9672 was conditionally approved by the Town Board of the Town of Middleton with the road dedications shown thereon on 18th of October, 1999. Further acceptance was provided for the dedications, on the 28th of April, 2000 by the Town of Middleton, as acknowledged by the Town Clerk on the face of the Certified Survey Map; and
WHEREAS, Certified Survey Map No. 9672 was subsequently recorded upon the satisfaction of the conditions of approval on the 1ST of May, 2000 in Volume 55 of Certified Survey Maps, on pages 302-305, as Document Number 3209045, Dane County Register of Deeds; and
WHEREAS, the Right-of-Way of this portion of Schewe Road was attached to the City of Madison from the Town of Middleton in Attachment Ordinance ORD-24-00032, File ID 82906 adopted by the Madison Common Council on 7th of May, 2024; and
WHEREAS, an application was made with the Department of Planning & Community & Economic Development for a preliminary and final plat of The Crest at Eagle Trace to replat a portion of the plat of Eagle Trace, Lot 1 of Certified Survey Map No. 9672 and other unplatted lands; and
WHEREAS, the said plat of The Crest at Eagle Trace was conditionally approved by the City of Madison Common Council by Enactment Number RES-24-00654, File I.D. Number 85032, as adopted on the 29th of October, 2024; and
WHEREAS, the conditionally approved plat of Crest at Eagle Trace includes the discontinuance of a portion of the Schewe Road right-of-way that is no longer needed by the City of Madison as a public right-of-way. The said area of discontinuance is to be incorporated within a lot of the conditionally approved plat; and
WHEREAS, a portion of unimproved public right-of-way of Schewe Road, dedicated by the Certified Survey Map No. 9672, is to be vacated and discontinued. D’Onofrio Kottke 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 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 current developer and owner have not constructed, nor has the City of Madison accepted any new public utilities or street improvements in conjunction with the said limits of Exhibit A and Exhibit B of Schewe Road within any of the public right-of-ways to be vacated and discontinued; and
WHEREAS, this vacation and discontinuance will not result in a landlocked parcel of property due to the current contiguous common ownership of the Lots of the plat of Lot 1 of Certified Survey Map No. 9672 and the unplatted area 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 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 Crest at Eagle Trace shall enter into any agreement(s) required by the City of Madison in conjunction with the approval of the proposed development of The Crest at Eagle Trace.
• The conditions of approval for the preliminary and final plat for the The Crest at Eagle Trace 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.