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File #: 07350    Version: 1 Name: Heffron Co. - Backus - Annen Attachment (Town of Middleton)
Type: Ordinance Status: Passed
File created: 8/27/2007 In control: COMMON COUNCIL
On agenda: 9/18/2007 Final action: 9/18/2007
Enactment date: 10/5/2007 Enactment #: ORD-07-00125
Title: Creating Section 15.01(565) of the Madison General Ordinances entitled "City Boundaries" and being part of the chapter entitled "Aldermanic Districts and Wards" attaching to the 9th Aldermanic District the Heffron Co.-Backus-Annen Attachment and amending Section 15.01(119) of the Madison General Ordinances to assign the attached property to Ward 119.
Sponsors: David J. Cieslewicz
Attachments: 1. 07350-MAP.pdf, 2. letter to Town of Middleton.pdf, 3. Register of Deeds recording.pdf
Fiscal Note
Under the terms of the City of Madison/Town of Middleton Cooperative Plan, annexation or attachment of non-commercial properties such as is proposed in this Ordinance is exempt from revenue sharing requirements.  Therefore, no appropriation is required in conjunction with this attachment.
Title
Creating Section 15.01(565) of the Madison General Ordinances entitled "City Boundaries" and being part of the chapter entitled "Aldermanic Districts and Wards" attaching to the 9th Aldermanic District the Heffron Co.-Backus-Annen Attachment and amending Section 15.01(119) of the Madison General Ordinances to assign the attached property to Ward 119.
Body
DRAFTER'S ANALYSIS:  This ordinance attaches land in the Town of Middleton pursuant to the procedure in the City of Madison/Town of Middleton Cooperative Plan.
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An ordinance to create Subsection (565) 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 July 20, 2007 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 Middleton; 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 Middleton; 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 Middleton 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 (565 ) of Section 15.01 of the Madison General Ordinances is hereby created
to read as follows:
 
"15.01(565) - There is hereby attached to the 9th Aldermanic District, the City of Madison, Dane County, Wisconsin, the following described property:
Being a part of Lot 1, Certified Survey Map, No. 3232 as recorded in Volume 12, page 330 as Document No. 1629892, all of Lot 1, Certified Survey Map, No. 3695 as recorded in Volume 15, page 120 as Document No. 1704992, part of the NW 1/4 of the SE 1/4 and the NE 1/4 of the SW 1/4 of Section 21, T7N, R8E, Town of Middleton, Dane County, Wisconsin, described as follows:
 
Commencing at the east quarter corner of said Section 21; thence S89°42'40"W along the east-west quarter line of said Section 21, 1,285.13 feet to the northeast corner of the Northwest Quarter of the Southeast Quarter of said Section 21 and the point of beginning; thence S01°23'29"W along the east line of the Northwest Quarter of the Southeast Quarter of said Section 21, 1,325.33 feet to the southeast corner thereof; thence S89°47'24"W along the south line of the Northwest Quarter of the Southeast Quarter of said Section 21, 1,297.27 feet to the southwest corner thereof; thence N01°55'07"E along the north-south quarter line of said Section 21, 911.23 feet to a point in the south line of said Lot 1, Certified Survey Map, No. 3232; thence N88°45'47"W along the south line of said Lot 1, 27.67 feet to the southwest corner of said Lot 1, Certified Survey Map, No. 3232; thence N01°14'47"E along the west line of said Lot 1, 411.83 feet to a point in the east-west quarter line of said Section 21; thence N89°42'50"E along the east-west quarter line of said Section 21, 17.58 feet to a point in the west line of lands described and recorded in Document No. 3959667; thence S02°18'15"W along the west line of lands described and recorded in Document No. 3959667, 33.03 feet; thence N89°42'40"E along the south line of lands described and recorded in Document No. 3959667, 942.70 feet; thence N01°55'13"E along the east line of lands described and recorded in Document No. 3959667, 33.02 feet to a point in the east-west quarter line of said Section 21; thence N89°42'40"E along the east-west quarter line of said Section 21, 357.60 feet to the point of beginning. Containing 1,690,717 square feet, (38.81 acres),  more or less.   
 
2.      Subsection (119) of Section 15.02 entitled "Wards and Ward Boundaries" of the Madison General Ordinances is amended to read as follows:
 
"(119)      Ward 119.  Commencing at the North 1/4 corner of Section 21, T7N, R8E, Town of Middleton, Dane County, Wisconsin; thence S01°55'23"W, 578.41 feet, along the North-South 1/4 line of said Section 21, and the corporate limits of the City of Madison, to a point at the Southeast corner of the lands described in Volume 497 of Records, Page 96, Dane County Registry and the Northeast corner of the lands described in Volume 25536 of Records, Pages 59 and 60, Dane County Registry, said point being the point of beginning of the description; thence S89°44'29"W, 1.23 feet, along the North and South lines, respectively, of said lands described in Volume 497 of Records, page 96, Dane County Registry and the lands described in Volume 25536 of Records, Pages 59 and 60, Dane County Registry; thence S02°18'15"W, 2,068.81 feet, to the East-West quarter line of said Section 21; thence continuing S02°18'15"W, 33.03 feet, to the South right-of-way of Elderberry Road; thence N89°42'50"E, 15.02 feet, along said South right-of-way to the North-South quarter line of said Section 21; thence continuing N89°42'50"E, 927.68 feet, along said South right-of-way; thence N01°55'23"E, 33.02 feet, to the East-West quarter line of said section; thence S89º42'50"W along the East- West quarter line of Section 21, 17.58 feet to the West line of Lot 1, Certified Survey Map No. 3232; thence S01º14'47"W, 411.83 feet along the West line of Lot 1, Certified Survey Map No. 3232 to the southwest corner of said Lot 1; thence S88º45'47"E, 27.67 feet along the South line of Lot 1, Certified Survey Map No. 3232; thence S01º55'07"W along the North-South quarter line of Section 21, 911.23 feet to the southwest corner thereof; thence N89º47'24"E along the South line of the Northwest Quarter of the Southeast Quarter of said Section 21, 1,297.27 feet to the southeast corner thereof; thence N01º23'29"E, along the East line of the Northwest Quarter of the Southeast Quarter of Section 21 to the northeast corner thereof, 1,325.33 feet; thence S89º42'40"W, along the East - West quarter line of said Section 21; thence N01°55'23"W, 33.02 feet, to the North right-of-way of Elderberry Road; and the corporate limits of the City of Madison; thence S89°42'50"W, 927.68 feet, along said North right-of-way and corporate limits, to the North-South quarter line of said Section 21; thence N01°55'23"E, 2,035.21 feet, along the North-South quarter line of said section, to the point of beginning of this description.  Said attachment contains 78,505 square feet or 1.802 acres or 0.0028 square miles.  Polling place at Alicia Ashman Library, 733 N. Highpoint Rd."
 
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.