Fiscal Note
No City appropriation required.
Title
Implementing the Final Attachment Area of the Town of Madison by creating Section 15.01(644) of the Madison General Ordinances entitled "City Boundaries" and being part of the chapter entitled "Aldermanic Districts and Wards" attaching to the 14th Alder District land located entirely within the right of way of the West Beltline Highway and US Highway 14 interchange, hereinafter referred to as “Area 11”.
Body
DRAFTER'S ANALYSIS: On November 5, 2002, the Common Council adopted Resolution 59879 (ID 32734) authorizing the Mayor and City Clerk to execute an intergovernmental agreement among the City of Madison, Town of Madison, and City of Fitchburg regarding boundary changes and other urban growth and municipal service delivery issues pursuant to an approved cooperative plan under Wis. Stats. Ch. 66.0307. The agreement was executed on November 8, 2002. The subsequent cooperative plan was adopted by the Common Council on April 8, 2003 by Resolution 60411 (ID 33561) and was approved by the State of Wisconsin on October 10, 2003. The final cooperative plan established the final attachment of the Town of Madison to the cities of Madison and Fitchburg at 11:59 p.m. on October 30, 2022.
The final attachments of the portions of the Town of Madison accruing to the City of Madison will be adopted as a series of ordinances corresponding to discrete areas of the Town. This ordinance encompasses the area of the Town, hereinafter referred to as “Area 11,” which is located entirely within the right of way in the southeastern quadrant of the interchange of the West Beltline Highway (US Highways 12 and 18) and US Highway 14.
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An ordinance to create Subsection (644) 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, the City of Madison, Town of Madison, and City of Fitchburg entered into a cooperative plan pursuant to Wis. Stat. § 66.0307 providing for the final attachment of the Town of Madison to the City of Madison and City of Fitchburg; and
WHEREAS the area hereinafter described as “Area 11” shall attach to the City of Madison consistent with the Final City of Madison, City of Fitchburg and Town of Madison Cooperative Plan adopted by the State of Wisconsin on October 10, 2003; and
WHEREAS, investigation by the City of Madison discloses that as of this date the above representations are true, the Common Council now accepts that the said attachment proceeding meets the requirements of said cooperative plan approved pursuant to Wis. Stat. § 66.0307;
NOW, THEREFORE, the Common Council of the City of Madison do ordain as follows:
1. Subsection (644) of Section 15.01 of the Madison General Ordinances is hereby created to read as follows:
"15.01(644) - There is hereby attached to the 14th Aldermanic District of the City of Madison, Dane County, Wisconsin, the following described property:
(AREA 11)
Part of the NE 1/4, NW 1/4 and SW 1/4 of the SE 1/4 of Section 35, Town 7 North, Range 9 East, Dane County, Wisconsin, lying within the rights of way of US Highways 12,18 and 151 (W Beltline Highway) and US Highway 14, more fully described as follows:
Commencing at the Center of said Section 35; thence Southerly, along the West line of said SE 1/4, 850 feet, more or less, to the intersection with the original Reference line of the said West Beltline Highway, said point of intersection being the Point of Beginning of this description; thence N70°38'12" E, along the original Reference Line of said West Beltline Highway (US Highways 12 and 18), 1573.3 feet; thence S00°10'10"W, 96 feet, more or less, to an intersection with a line that is parallel with and 78 feet southeasterly of the Reference Line of Wisconsin Department of Transportation Right of Way Project No. 1206-03-24 lying northwesterly of the existing pavement of E Badger Road (a frontage road); thence Southwesterly, 26 feet, more or less, parallel with and 78 feet southeasterly of the said Reference Line to a point at station 566+00, 78 feet right, of said Reference Line lying northwesterly of said pavement; thence Southwesterly, 75.24 feet, to a point at station 565+25, 84 feet right, (southeast) of said Reference Line lying northwesterly of said pavement; thence Southwesterly, 208 feet, more or less, to a point of intersection of the westerly railroad right of way of the former Chicago and Northwestern Railroad (currently owned by the Wisconsin Department of Transportation and Leased to the Wisconsin and Southern Railroad) with a line lying 92 feet southeasterly and parallel with said Reference Line; thence Southwesterly, 108 feet, more or less to a point of intersection with a line parallel with and 56 feet northwesterly of the southeasterly line of lands acquired per Document No 3877054, Dane County Register of Deeds; thence Southwesterly, 152 feet, more or less along said line parallel with and 56 feet northwesterly of the southeasterly line of Lands acquired per Document No 3877054 to a point of curvature; thence Southwesterly and Southerly, 622 feet, more or less, along the arc of a curve to the left having a radius of 402.5 and being 56 feet northwesterly and westerly of and parallel with the northwesterly 346.5 foot radius curve of said Document No. 3877054 to the point of intersection with the southern right of way of the West Beltline Highway (US Highways 12 and 18) and US Highway 14 as per said Right of Way Project No. 1206-03-24; thence S 59°36’57” W, 199 feet, more or less, along the said right of way of the West Beltline Highway and US Highway 14 as per said Right of Way Project No. 1206-03-24; thence S 14°33’09” W, 108.02 feet along the said right of way of the West Beltline Highway and US Highway 14 as per said Right of Way Project No. 1206-03-2; thence southerly along the said right of way of the West Beltline Highway and US Highway 14 as per said Right of Way Project No. 1206-03-24 402.90 feet along the arc of a curve to the left having a radius of 1213.30 and a long chord bearing S 35°59’35” E, 401.05 feet; thence southerly along the said right of way of the West Beltline Highway and US Highway 14 as per said Right of Way Project No. 1206-03-24, 292.40 feet along the arc of a curve to the left having a radius of 1213.30 and a long chord bearing S52°24’36”E, 291.70 feet; thence S59°18’51”E, 200 feet, more or less, along the said right of way of the West Beltline Highway and US Highway 14 as per said Right of Way Project No. 1206-03-24 and its extension (80 feet northeasterly and parallel with the reference line of said US Highway 14) to the intersection with the said right of way of the former Chicago and Northwestern Railroad; thence Southerly, 93 feet more or less, to the intersection of said Westerly right-of-way line of the Chicago & Northwestern Railway and the centerline of said U.S. Highway 14; thence Northwesterly, along said centerline, 680 feet, more or less; thence Northwesterly, 1057 feet, more or less, on a straight line to the point of intersection of the centerline of the West Beltline Highway (US Highways 12 and 18) and the East line of the Southwest 1/4 of said Section 35 and the Point of Beginning. Said described area contains approximately: 12.39 acres, 539,540 square feet and 0.019 square miles, more or less.
2. 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.
3. This ordinance shall take effect at 11:59 p.m. on October 30, 2022 in accordance with the terms of the agreement and plan.