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File #: 70199    Version: 1 Name: Vacating and discontinuing multiple unimproved public street right-of-ways within the plat of Acacia Ridge to allow the replatting of a portion the development. Being located in the Southeast 1/4 of the Southeast 1/4 of Section 28, Township 7 North, Range
Type: Resolution Status: Passed
File created: 2/23/2022 In control: Engineering Division
On agenda: 4/19/2022 Final action: 4/19/2022
Enactment date: 4/25/2022 Enactment #: RES-22-00267
Title: Vacating and discontinuing multiple unimproved public street right-of-ways within the plat of Acacia Ridge to allow the replatting of a portion the development. Being located in the Southeast 1/4 of the Southeast 1/4 of Section 28, Township 7 North, Range 8 East, City of Madison, Dane County, Wisconsin. (1st AD)
Sponsors: Nikki Conklin
Attachments: 1. Exhibit A-Map Exhibits.pdf, 2. Exhibit B-Legal Description.pdf, 3. Lis Pendens 5815264.pdf, 4. Acacia Ridge Replat No.2 Conditions of Approval.pdf, 5. registered copy

Fiscal Note

This vacation and discontinuance of approximately 150,780 sq. ft. or 3.4614 acres of unimproved public street right-of-ways within the plat of Acacia Ridge to allow the replatting of a portion the development does not require expenditure of City funds.

 

Title

Vacating and discontinuing multiple unimproved public street right-of-ways within the plat of Acacia Ridge to allow the replatting of a portion the development. Being located in the Southeast 1/4 of the Southeast 1/4 of Section 28, Township 7 North, Range 8 East, City of Madison, Dane County, Wisconsin. (1st AD)

Body

WHEREAS, the plat of Acacia Ridge was conditionally approved by the City of Madison Common Council by Enactment Number RES-18-00482, File I.D. Number 50995, as adopted on the 19th of June, 2018 and the said Enactment provided for the acceptance of the lands dedicated for public street right-of-ways; and

 

WHEREAS, the plat of Acacia Ridge was subsequently recorded upon the satisfaction of the conditions of approval on the 25th of February, 2019 in Volume 61-005B of Plats on pages 21-31, as Document Number 5471585, Dane County Register of Deeds; and

 

WHEREAS, an application was made with the Department of Planning & Community & Economic Development for a preliminary and final plat of Acacia Ridge Replat No. 2 to replat a portion of the plat of Acacia Ridge reconfiguring the lots, outlots and streets within the southeasterly portion of the plat due to grading constraints; and

 

WHEREAS, the said plat of Acacia Ridge Replat No. 2 was conditionally approved by the City of Madison Common Council by Enactment Number RES-22-00058, File I.D. Number 68206, as adopted on the 18th of January, 2022; and

 

WHEREAS, the conditionally approved Acacia Ridge Replat No. 2 will alter areas dedicated to the public for public street right-of-way, and the replat may not be recorded until those areas dedicated to the public for street right-of-ways by Acacia Ridge have been properly vacated and discontinued under s. 66.1003 Wisconsin Statutes; and

 

WHEREAS, the unimproved public right-of-ways of Lost Deer Run, Turning Oak Lane, White Sky Pass and two un-named alleys lying between Redan Drive and White Sky Pass, all dedicated by the plat of Acacia Ridge, are to be vacated and discontinued. D’Onofrio Kottke and Associates Inc. and City of Madison Engineering Division, have prepared the necessary public right-of-way vacation and discontinuance maps (Exhibit A) and legal descriptions (Exhibit B) delineating all of these areas to be discontinued, the Exhibits are attached hereto and made part of this resolution; and

 

WHEREAS, the current developer and owner have not constructed, nor has the City of Madison accepted any new public utilities or street improvements in conjunction with Acacia Ridge within any of the public right-of-ways to be vacated and discontinued; and

 

WHEREAS, this vacation and discontinuance will not result in a landlocked parcel of property due to the current contiguous common ownership of the Lots of the plat of Acacia Ridge adjacent to these proposed areas of vacation and discontinuance; and

 

WHEREAS, the City Engineering Division recommends approval of these public right-of-way vacations and discontinuances subject to conditions as noted herein.

 

NOW THEREFORE BE IT RESOLVED, that since the public interest requires it, the City Of Madison hereby conditionally vacates and discontinues the public right-of-ways as shown on attached Exhibit A and described on attached Exhibit B, under Wisconsin ss. 66.1003(4), upon completion of the following conditions: 

 

                     The Developer of Acacia Ridge Replat No. 2 shall enter into any agreement(s) required by the City of Madison in conjunction with the approval of the proposed development of Acacia Ridge Replat No. 2.

 

                     The conditions of approval for the preliminary and final plat for the Acacia Ridge Replat No. 2  shall be addressed to the satisfaction of the City of Madison Engineer.

 

 

BE IT FURTHER RESOLVED, that, under Wisconsin ss. 66.1005(2)(a)(1) the City of Madison releases any easements and rights it may have within the public right-of-ways being vacated and discontinued; and

 

BE IT FURTHER RESOLVED, under Section 66.1005(2), Wisconsin Statutes any other existing easements and rights that exist within the vacated and discontinued public right-of-ways and unpaved public alleys shall continue unless as otherwise provided by statute; and

 

BE IT FURTHER RESOLVED, under Section 66.1005(1), Wisconsin Statutes, reversionary rights of the public right-of-ways herein vacated and discontinued shall attach to the adjacent properties; and

 

BE IT FINALLY RESOLVED, upon Common Council adoption of this resolution and completion all street vacation and discontinuance conditions identified above to the satisfaction of the City Engineer, the City Engineer will then authorize the City Clerk to validate and make effective this street vacation and discontinuance by recording it with all supplemental map exhibits with the Dane County Register of Deeds, authorizing all City agencies to administer the appropriate workflows to complete and finalize all land record database updates.