Madison, WI Header
File #: 10433    Version: 1 Name: McAllen attachment
Type: Ordinance Status: Passed
File created: 5/13/2008 In control: COMMON COUNCIL
On agenda: 6/17/2008 Final action: 6/17/2008
Enactment date: 7/4/2008 Enactment #: ORD-08-00073
Title: Creating Section 15.01(569) of the Madison General Ordinances entitled "City Boundaries" and being part of the chapter entitled "Aldermanic Districts and Wards" attaching to the Sixteenth Aldermanic District the McAllen Attachment and assigning a temporary zoning classification of A Agriculture District, and amending Section 15.02(2) of the Madison General Ordinances to add the attached property to Ward 2.
Sponsors: David J. Cieslewicz
Attachments: 1. 4367map-mcallen.pdf, 2. Attachment letter - ID# 10433.pdf, 3. 10433 Register of Deeds Recording.pdf, 4. 10433 certified receipt.pdf
Fiscal Note
No appropriation is required for this attachment.  The property is currently owned by the Town of Blooming Grove and, as such, has no formal property valuation or tax levy.  Therefore, while State Statutes generally would require that the City pay annually to the Town of  Blooming Grove the amount of local property tax that was levied on the property, this provision is moot.  
Title
Creating Section 15.01(569) of the Madison General Ordinances entitled "City Boundaries" and being part of the chapter entitled "Aldermanic Districts and Wards" attaching to the Sixteenth Aldermanic District the McAllen Attachment and assigning a temporary zoning classification of A Agriculture District, and amending Section 15.02(2) of the Madison General Ordinances to add the attached property to Ward 2.
Body
DRAFTER'S ANALYSIS:  This ordinance attaches land in the Town of Blooming Grove.
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An ordinance to create Subsection (569) 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 for attachment with scale map attached was filed with the City Clerk of Madison on May 6, 2008, and has been presented to the Madison Common Council requesting attachment of the below-described territory to the City of Madison from the Town of Blooming Grove; said petition having been signed by the owners of all of the land in the territory and notice of the proposed attachment having been given to the Town of Blooming Grove; and
WHEREAS, pursuant to Wis. Stats. sec. 66.0217(14)(a)1., the City of Madison agrees to pay annually to the Town of Blooming Grove, for five (5) years, an amount equal to the amount of property taxes that the town levied on the annexed territory, as shown by the tax roll under Wis. Stats. sec. 70.65, in the year in which the annexation is final; and
WHEREAS, investigation by the City of Madison discloses that as of this date the above representations are true, the Common Council now accepts the petition as sufficient and determines that the said attachment proceeding meets the requirements of the City of Madison and Town of Blooming Grove Cooperative Plan approved pursuant to Section 66.0307, Wisconsin Statutes;
NOW, THEREFORE, the Common Council of the City of Madison do ordain as follows:
1.      Subsection (569) of Section 15.01 of the Madison General Ordinances is hereby created to read as follows:
"15.01(569) - There is hereby attached to the 16th Aldermanic District, the City of Madison, Dane County, Wisconsin, the following described property:
A parcel of land located in the NE 1/4 of the NE 1/4 of Section 26, T7N, R10E, in the Town of Blooming Grove, Dane County, Wisconsin, to-wit: Beginning at the Northeast corner of said Section 26; thence S00°25'00"W along the East line of said NE 1/4 of Section 26, 1032.95 feet to the North right-of-way line of U.S.H. 12 & 18; thence N72° 02'32"W along said North right-of-way line, 69.22 feet; thence N00°25'00"E parallel to the East line of said NE 1/4 of Section 26, 326.54 feet; thence S89°35'00"E, 5.00 feet; thence N00°25'00"E parallel to the East line of said NE 1/4 of Section 26, 200.00 feet; thence N89°35'00"W, 5.00 feet; thence N00°25'00" East parallel to the East line of said NE 1/4 of Section 26, 482.21 feet to the North line of said NE 1/4 of Section 26; thence N87°31'20"E along said North line, 66.09 feet to the point of beginning.
The above description intending to describe that same parcel of land contained in Warranty Deed
recorded in Volume 512 of Records, Page 708, as Document No. 1398018."
2.      Subsection (2) of Section 15.02 entitled "Wards and Ward Boundaries" of the Madison General Ordinances is amended to read as follows:
"(2)      Ward 2. Beginning at a point within the exterior 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 Starker Avenue; thence Westerly along the centerline of Starker Avenue to the centerline of Acewood Boulevard; thence Northerly along the centerline of Acewood Boulevard to the centerline of Cottage Grove Road; thence Westerly along the centerline of Cottage Grove Road to the centerline of South Stoughton Road (U.S. Highway 51); thence Southerly along the centerline of South Stoughton Road to the centerline of East Buckeye Road; thence Easterly along the centerline of East Buckeye Road to the centerline of the right-of-way of the Chicago & North Western Railroad; thence Southeasterly along the centerline of said right-of-way to the centerline of Vondron Road; thence Southerly and Westerly along the centerline of Vondron Road and the centerline of Pflaum Road to the centerline of Agriculture Drive; thence Southerly along the centerline of Agriculture Drive to the centerline of Femrite Drive; thence Easterly along the centerline of Femrite Drive 4822 feet, more or less, to a point that is 524.00 feet West of the West line of the E ½ of the SE ¼ of Section 23, T7N, R10E, Dane County, Wisconsin, measured along the North line of the S ½ of the S ½ of said Section 23,; thence S03°17'00"W, 334.80 feet; thence N86°43'00"E, 274.58 feet; thence N06°14'41"E, 308.87 (342.07' per deed Doc #2926046) feet to the said North line; thence Easterly, along the said North line, 180 feet, more or less, to the centerline of Ohmeda Dr; thence Northerly, along the said centerline, 300 feet, more or less, to the Westerly prolongation of the North line of the deed described in Document # 3857701; thence Easterly, along said North line, 200 feet, more or less, to the Northeast corner thereof; thence S00°26'41"W, 298.60 feet to the Southeast corner thereof; thence S87°40'50"W, 150.89 feet, to the Southwest corner thereof, also being the Southwest corner of the NE ¼ of the SE ¼; thence S00°28'21"W, along the West line of the E ½ of the Southeast ¼, 1331.82 feet, to the South line of the SE ¼; thence N87°31'20"E, along the said South line, 1266.12 feet; thence S00°25'00"W parallel to the East line of the NE 1/4 of Section 26, 482.21 feet, thence S89°35'00"E, 5.00 feet; thence S00°25'00"W parallel to the East line of the NE 1/4 of Section 26, 200.00 feet; thence N89°35'00"W, 5.00 feet; thence S00°25'00"W parallel to the East line of said NE 1/4 of Section 26, 326.54 feet, to the North right-of-way line of U.S.H. 12 & 18, thence S72°02'32"E along said North right-of-way line, 69.22 feet; thence N00°25'00"E along the East line of the NE 1/4 of Section 26, 1032.95 feet; thence continuing N87°31'20"E, along the said South line, 66.09 feet, to the SE corner of Section 23; thence N88°29'21"E, along the South line of the SW ¼, of Section 24, T7N, R10E, 1330.24 feet, to the SE corner of the SW ¼ of the SW ¼ of said Section 24 (also the exterior limits line of the City of Madison); thence N00°26'16"E, along the East line of the said SW ¼ of the SW ¼ and said limits line, 1326.40 feet, to the South line of the North ½ of the SW ¼ of said Section 24; thence East on the said South line and said limits line, 1339 feet, more or less, to the East line of the said SW ¼; thence North on the said East line and said limits line, 1,330 feet, more or less, to the North line of the said SW ¼; thence West on the said North line and said limits line, 740 feet, more or less; thence N01°26'00"W along the said limits line, 1,320 feet, more or less, to a point in the North line of the SE ¼ of the NW ¼ of said Section 24, that is S88°34'00"W, 745.40 feet from the Northeast corner of the said SE ¼ of the NW ¼; thence South 88°34'00"W, 417.72 feet along the said North line and said limits line; thence South 01°26'00"E along the said limits line, 521.77 feet; thence N88°34'00"E along the said limits line, 150.00 feet; thence S01°26'00"E along the said limits line, 798.23 feet, more or less, to the North line of the SW ¼ of said Section 24; thence West along the last mentioned North line, and the North line of the SE ¼ of said Section 23, also being said limits line, 2,980 feet, more or less, to the West line of the E ½ of the NE ¼ of said Section 23; thence North on the said West line and said limits line, 1,330 feet, more or less, to the South line of the NW ¼ of the NE ¼ of said Section 23; thence West on the said South line and said limits line, 660 feet, more or less, to the East line of the W ½ of the NW ¼ of the NE ¼ of said Section 23; thence North on the said East line and said limits line, 1,310 feet, more or less, to the South line of Section 14, T7N, R10E; thence East on the said South line and said limits line, 1,320 feet, more or less, to the West line of the E ½ of the E ½ of the E ½ of said Section 14; thence North on the said West line and said limits line, 1,750 feet, more or less, to the Northerly right-of-way line of the Chicago and Northwestern Transportation Company; thence Westerly along the said right-of-way line and said limits line, 700 feet, more or less, to the East line of the NW ¼ of the SE ¼ of said Section 14; thence North along said East line and said limits line, 1,040 feet, more or less, to the North line of the S ½ of said Section 14; thence West along said North line and said limits line, 1320 feet, more or less, to the center of said Section 14; thence S87°32'35"W along the south line of the NW ¼ of said Section 14, also being the said limits line, 352.25 feet to a point located N87°32'55"E, 165.71 feet, as measured along said south line, from the easterly right-of-way line of Interstate Highway 90; thence S87°32'55"W, along said south line, 165.71 feet to the easterly right-of-way line of Interstate Highway 90; thence Northerly, along the said easterly right-of-way line of Interstate Highway 90, 1440 feet, more or less, to the point of beginning; excepting therefrom those portions of territories now in the Town of Blooming Grove.  Polling place at Lake City Church, 4909 Buckeye Road."
3.      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.