Fiscal Note
No appropriation required.
Title
Releasing a right of way reservation established by Certified Survey Map across 3901 Hanson Road; 17th Ald. Dist.
Body
WHEREAS on June 18, 2002, the Common Council approved a request to rezone an approximately 40-acre parcel located on the south side of Hanson Road between US Highway 51 and Interstate 39-90-94 from Temp. M1 (Limited Manufacturing District) to M1 and W (Wetland District) subject to conditions of approval contained in a letter dated June 26, 2002; and
WHEREAS said conditional approval included a condition (#4) that required the applicant to reserve a public street right of way through the subject property to serve its future subdivision into additional development lots as generally depicted on the Hanson Neighborhood Development Plan adopted by the Common Council on August 1, 2000 by Resolution 57500 (ID 27008); and
WHEREAS a Certified Survey Map (CSM) of the subject property was approved by Resolution 60575 (ID 34041) by the Common Council on May 20, 2003, said resolution accepting the lands and rights dedicated for public use by the CSM; and
WHEREAS CSM #10768 (attached), recorded at the Dane County Register of Deeds on June 2, 2003, included a 66-foot wide right of way reservation across the western portion of the subject property that was generally intended to extend Monument Lane as platted in the adjacent Monument Center subdivision northerly through the subject site to Hanson Road opposite Manufacturers Drive; and
WHEREAS the property owner, McAllen Properties, submitted a request to the Planning Division on March 28, 2013 seeking release of the right of way dedication to allow the FedEx distribution facility that was subsequently developed on the subject property to expand;
NOW BE IT RESOLVED that the 66-foot wide public right of way reservation located on the western portion of 3901 Hanson Road as established by Certified Survey Map #10768 is hereby released.
BE IT FURTHER RESOLVED that this right of way reservation has been released to allow development of the subject property without the need for further subdivision into additional lots; however, should the undeveloped portions of the subject property be further subdivided in a manner that adequate access for those future additional lots cannot be provided by Hanson Road, the City of Madison reserves the right to require the dedication and construction of public streets it deems necessary to provide reasonable access to any future lots.
BE IT FURTHER RESOLVED that a copy of this resolution releasing said reservation shall be recorded against the subject property at the Dane County Register of Deeds prior to the issuance of permits by the City for any construction activities into or across the reservation.