Article XII. WELLNITZ ANNEXATION  


(1)

Territory annexed. In accordance with Wis. Stats. § 66.021 and the petition for direct annexation filed with the city clerk on the 30th day of August, 1978, signed by the owners of all of the following described territory in the Town of Milton, Rock County, Wisconsin, to-wit:

All of the SW one-fourth of the SW one-fourth of section 21, except a strip two rods wide off the north side.

Also: All of the W one-half of the NW one-fourth of section 28, lying north of the Chicago, Milwaukee and St. Paul Railroad.

Also: The east 60 acres of the E one-half of the NE one-fourth of section 29, except the right-of-way of the Chicago, Milwaukee and St. Paul Railway and excepting land conveyed by warranty deed to Stephen J. Riesterer and Emogene C. Riesterer, his wife, dated January 30, 1971, recorded February 8, 1971 in Vol. 381 of Records, page 327 and described as follows: That part of the east 60 acres of the east one-half of the north east quarter lying south of the railroad right-of-way in section 29 all in township 4 north, range 13 east.

Also: The SE one-fourth of the SE one-fourth of section 20 except the north two rods and except the west nine acres.

All of said lands being in township 4 north, range 13 east of the Fourth Principal Meridian, being the Township of Milton.

Excepting therefrom land conveyed for highway purposes lying adjacent and to the south of the land described in a certified survey map as recorded in Volume 5, page 60.

Further excepting therefrom Lot 1 of Certified Survey Map No. 833461 recorded in Volume 5 of Certified Survey Maps on Page 60 and being part of the NW one-fourth of the NW one-fourth of section 28, town 4 north, range 13 east of the Fourth Principal Meridian, Milton Township.

Further excepting therefrom land conveyed by warranty deed from Johnstown Farms, a partnership by Milton R. Reik, Agent to Stephen J. Riesterer, dated March 17, 1976, recorded March 18, 1976, in the office of the Register of Deeds for Rock County, Wisconsin in Volume 587 of Records, Page 128 as Document No. 842588 and described as follows, to-wit:

That part of the east 60 acres of the E one-half of the NE one-fourth of section 29, town 4 north, range 13 east lying north of the northerly right-of-way line of the Chicago, Milwaukee and St. Paul Railway and south of the centerline of County Trunk Highway "M", ALSO, part of the W one-half of the NW one-fourth of section 28, town 4 north, range 13 east lying north of the northerly right-of-way line of the Chicago, Milwaukee and St. Paul Railway and south of the Centerline of County Trunk Highway "M." All in Township of Milton, Rock County, Wisconsin.

(2)

Effect of annexation. From and after the date of this ordinance the territory described in subsection (1) shall be a part of the City of Milton for any and all purposes provided by law and all persons coming or residing within such territory shall be subject to all ordinances, rules and regulations governing the City of Milton.

(3)

Zoning classification. The territory annexed to the City of Milton by this ordinance is designated to be part of the R-3 district of the City of Milton for zoning purposes and subject to all provisions of "Chapter 9 Zoning Ordinances" relating to such district classifications and zoning in the City of Milton.

(4)

Ward designation. The territory described in subsection (1) of this ordinance is hereby made a part of the eighth ward of the City of Milton, subject to the ordinances, rules and regulations of the city governing wards.

(5)

Severability. 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 application of this ordinance which can be given effect without the invalid or unconstitutional provision or application.

(6)

Effective date. This ordinance shall take effect upon passage and publication as provided by law.

(Code 1968, § 16.12)