Fiscal Note
The proposed annexation will not require any revenue sharing with the Town of Verona since the property is already owned by the City of Madison and assessed at $0 by the Town of Verona. No additional City appropriation required.
Title
Creating Section 15.01(613) of the Madison General Ordinances entitled "City Boundaries" and being part of the chapter entitled "Aldermanic Districts and Wards" annexing land located at 6444 Nesbitt Road to the 7th Aldermanic District and assigning a temporary zoning classification of A Agricultural District, creating Section 15.02(148) of the Madison General Ordinances to assign the attached property to Ward 148, and amending Section 15.03(7) of the Madison General Ordinances to add Ward 148 to Aldermanic District 7.
Body
DRAFTER'S ANALYSIS: This ordinance annexes land located at 6444 Nesbitt Road in the Town of Verona. Under Wis. Stat. Sec. § 66.0223(1), this annexation is effective upon enactment of the annexation ordinance.
NOTE: The Office of the City Attorney edited typographical errors relative to incorrect statutory references after enactment.
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An ordinance to create Subsection (613) 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, pursuant to Wis. Stat. § 66.0223(1), the City of Madison wishes to annex lands in the Town of Verona as shown on the attached map and described below; and
WHEREAS, a petition with scale map attached was filed with the City Clerk of Madison on October 31, 2019, and has been presented to the City Common Council requesting annexation of the below-described territory to the City of Madison from the Town of Verona; said petition having been signed by the owners of all the real property within the territory, which lies contiguous to the City of Madison; and
WHEREAS, pursuant to Sec. 28.005, Madison General Ordinances, the annexed territory is declared to be in the A Agricultural District and the annexation and temporary zoning were considered by the Plan Commission at its meeting of April 2, 2018, and adoption of the said annexation and zoning were recommended; and
WHEREAS, investigation by the City of Madison discloses that as of this date the above representations are true, and having been reviewed, the Common Council determines that the said annexation proceeding meets the requirements of the Wisconsin Statutes;
NOW, THEREFORE, the Common Council of the City of Madison do ordain as follows:
1. Subsection (613) of Section 15.01 of the Madison General Ordinances is hereby created to read as follows:
"15.01(613) - There is hereby annexed to the 7th Aldermanic District, the City of Madison, Dane County, Wisconsin, the following described property:
Lot 2 of Certified Survey Map (CSM) No. 8091, recorded in Volume 43 of Certified Surveys, Pages 145-146, as Document No. 2737133, and the Nesbitt Road right-of-way within said CSM 8091 adjoining Lot 2, all located in the SW 1/4 of the SE 1/4 of Section 12, T6N R8E, Town of Verona, Dane County, Wisconsin, all more particularly described as follows:
Commencing at the South Quarter-Corner of said Section 12; thence S89°48’02”W along the South line of the SW1/4 of said Section 12, 327.76 feet; thence N°00’34’33”E, 276.51 feet to the Southwest corner of CSM 8091 and the existing corporate boundary of the City of Madison, being also the center line of Nesbitt Road per CSM 8091; thence N69°32’23”E along the Southerly line of CSM 8091, being also the existing corporate boundary of the City of Madison and center line of Nesbitt Road, 644.76 feet to the Southerly extension of the Westerly line of Lot 2 CSM 8091, and the Point of Beginning of this description; thence along the southerly line of CSM 8091 and center line of Nesbitt Road, on a curve to the left, radius 2864.79 feet, arc length 538.54 feet, long chord bearing N64°09’25”E, 537.75 feet, to the Southeast corner of CSM 8091; thence N00°44’05”W along the Easterly line of CSM 8091, 347.19 feet to the Northeast corner of Lot 2 CSM 8091 and the existing corporate boundary of the City of Madison; thence S64°13’10”W along the Northerly line of Lot 2 CSM 8091 and the existing corporate boundary of the City of Madison, 655.49 feet to the Northwest corner of Lot 2 CSM 8091; thence S20°28’47”E, 316.49 feet along the Westerly line of Lot 2 CSM 8091 and its Southerly extension, both being also the existing corporate boundary of the City of Madison, to the Point of Beginning. Containing approximately 192,349 square feet, 4.416 acres or 0.0069 square miles."
2. Subsection (148) of Section 15.02 entitled "Wards and Ward Boundaries" of the Madison General Ordinances is created to read as follows:
"(148) Ward 148. Lot 2 of Certified Survey Map (CSM) No. 8091, recorded in Volume 43 of Certified Surveys, Pages 145-146, as Document No. 2737133, and the Nesbitt Road right-of-way within said CSM 8091 adjoining Lot 2, all located in the SW 1/4 of the SE 1/4 of Section 12, T6N R8E, Town of Verona, Dane County, Wisconsin, all more particularly described as follows:
Commencing at the South Quarter-Corner of said Section 12; thence S89°48’02”W along the South line of the SW1/4 of said Section 12, 327.76 feet; thence N°00’34’33”E, 276.51 feet to the Southwest corner of CSM 8091 and the existing corporate boundary of the City of Madison, being also the center line of Nesbitt Road per CSM 8091; thence N69°32’23”E along the Southerly line of CSM 8091, being also the existing corporate boundary of the City of Madison and center line of Nesbitt Road, 644.76 feet to the Southerly extension of the Westerly line of Lot 2 CSM 8091, and the point of beginning of this description; thence along the southerly line of CSM 8091 and center line of Nesbitt Road, on a curve to the left, radius 2864.79 feet, arc length 538.54 feet, long chord bearing N64°09’25”E, 537.75 feet, to the Southeast corner of CSM 8091; thence N00°44’05”W along the Easterly line of CSM 8091, 347.19 feet to the Northeast corner of Lot 2 CSM 8091 and the existing corporate boundary of the City of Madison; thence S64°13’10”W along the Northerly line of Lot 2 CSM 8091 and the existing corporate boundary of the City of Madison, 655.49 feet to the Northwest corner of Lot 2 CSM 8091; thence S20°28’47”E, 316.49 feet along the Westerly line of Lot 2 CSM 8091 and its Southerly extension, both being also the existing corporate boundary of the City of Madison, to the point of beginning. Polling place at St. Mary’s Care Center, 3401 Maple Grove Drive."
3. Subsection (7) of Section 15.03 entitled "Aldermanic Districts" of the Madison General Ordinances is amended to read as follows:
"(7) Seventh Aldermanic District. Wards 97, 98, 99, 100, 144, and 148."
4. 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.