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File #: 67542    Version: 1 Name: Southwest Path Encroachment Provisions
Type: Ordinance Status: Passed
File created: 9/23/2021 In control: Attorney's Office
On agenda: 11/2/2021 Final action: 11/2/2021
Enactment date: 11/18/2021 Enactment #: ORD-21-00070
Title: Amending Section 8.15(2) to Update the Southwest Path Encroachment Provisions.
Sponsors: Grant Foster, Yannette Figueroa Cole
Fiscal Note
No City appropriation required.
Amending Section 8.15(2) to Update the Southwest Path Encroachment Provisions.
DRAFTER’S ANALYSIS: The Southwest Path was constructed in 2000 following the conversion of the former State-owned rail corridor into an interim recreational trail. At that time, the City, the State of Wisconsin Department of Transportation, and the South Central Wisconsin Rail Transit Commission (SCWRTC) entered into a 20-year interim trail use agreement that allowed the City to improve the trail into what is now the Southwest Path, one of the City’s busiest recreational and bicycle commuter trails. Under the terms of the original agreement, the City adopted MGO Section 8.15(2) addressing encroachments within the corridor. While some enforcement actions have been taken by the City, since 2000, unlawful encroachments by adjoining property owners within the corridor have expanded or been allowed to remain in place. As a condition of entering into a new interim trail use agreement with the State to continue the use of the corridor for the Southwest Path, the City is required to update its encroachment ordinance and ensure that any encroachments within the corridor are compliant with the terms of the agreement. This ordinance amendment incorporates the changes required under the updated interim trail use agreement as a condition of continuing the use of the Southwest Path.

The Common Council of the City of Madison do hereby ordain as follows:
1. Subsection (2) entitled “Southwest Bike Path” of Section 8.15 entitled “Regulation of Private Use of Greenways, Park Lands, and the Southwest Bike Path” of the Madison General Ordinances is amended as follows:
“(2) Southwest Bike Path. The Southwest Path, running 4.22 miles northeasterly from approximately 370 feet south of Lovell Lane to Randall Avenue, is State of Wisconsin owned rail bed and is the sub...

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