Fiscal Note
This resolution approves the conveyance of 4.9 acres of city lands to the Beckers, as per a legal settlement. No appropriation is required.
Title
Approving the settlement of Dane County Circuit Court Case No. 07CV3296 and authorizing the Mayor and City Clerk to execute related documents conveying certain City-owned land in the Town of Burke to John F. and Elizabeth M. Becker.
Body
PREAMBLE
By separate acquisitions in 1965 and 2000, the City of Madison purchased vacant land acres in the Town of Burke (the “City Lands”, as legally described below) for the purpose of adding property to the Cherokee Marsh Restoration project. The acquisition price for the City Lands was One Dollar. The City Lands abut lands owned by John F. Becker and Elizabeth M. Becker, trustees of the Becker Trust. For a period exceeding forty years, the Beckers and their predecessors have continuously claimed for their exclusive use and cultivated a 4.9 acre portion of the City Lands (the “Disputed Lands”). Such use and cultivation have been without the City’s permission. In September of 2007, the Beckers sued the City in Dane County Circuit Court in Case No. 07CV3296, and seek title to the Disputed Lands through adverse possession.
The City Lands are legally described as follows:
Parcel A: All of the land in the northeast ¼ of the southeast ¼ of Section 7, Township 8 north, Range 10 east, in the Town of Burke, Dane County, Wisconsin, lying northeast of a line drawn diagonally between the northwest corner and the southeast corner of the northeast ¼ of the southeast ¼.
Parcel B: The northwest ¼ of the southeast ¼ of Section 7, Township 8 north, Range 10 east, in the Town of Burke, Dane County, Wisconsin.
WHEREAS, the City has performed a survey of the Disputed Lands, which are legally described on the attached Exhibit A; and
WHEREAS, subject to the Court’s approval, the parties have agreed to settle all disputes regarding the Becker’s right to acquire the Disputed Lands through a...
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