Title
Approving a Certified Survey Map of property owned by Yellowstone Apartments, LLC located at 426 S Yellowstone Drive and releasing City enforcement of a platted restriction (District 19).
Body
WHEREAS a Certified Survey Map of property owned by Yellowstone Apartments, LLC located at 426 S Yellowstone Drive , City of Madison, Dane County, Wisconsin has been duly filed for approval by the Plan Commission, its Secretary or their designee, as provided for in Section 16.23(4)(f) of Madison General Ordinances; and
WHEREAS the proposed Certified Survey Map requests to combine Lots 58 and 59 of the final plat of Sixth Addition to Park Towne, recorded at the Dane County Register of Deeds as Document No. 1536478 on Pages 16 and 17 of Volume 47 of Plats on September 1, 1977, said final plat approved by the Common Council on August 2, 1977; and
WHEREAS the final plat of Sixth Addition to Park Towne includes the following statement: "The owner/developer of each lot shall consult with the Parks Conservation Specialist at the time of preparing the site plan for any lot in this plat so that consideration can be given grading and the preserving the larger trees."; and
WHEREAS Chapter 236, Wisconsin Statutes requires that the Madison Common Council approve any dedications proposed or required as part of the proposed division of the lands contained on said Certified Survey Map; and
WHEREAS, the plat note may represent a restriction for public benefit as allowed by Section 236.293 of the Wisconsin Statutes, which states that such restrictions may be released or waived in writing by the public body or public utility having the right of enforcement; and
WHEREAS, the Planning Division believes that note on the plat is no longer enforceable by the City, as staff was also unable to confirm if the plat note intended for the City's Parks agency to have responsibility for enforcement of the note, or if staff of the company that developed the subdivision had that responsibility,...
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