Chapter 1.15 BOUNDARIES

Chapter 1.15
BOUNDARIES

Sections:

1.15.010 Acceptance of detached property from the Village of Mukwonago.

1.15.020 Detaching property from the Town of East Troy – Village of Mukwonago.

1.15.030 Detaching property from the Town of East Troy – Village of East Troy.

1.15.010 Acceptance of detached property from the Village of Mukwonago.

1. Findings.

a. Whereas the Town of East Troy entered into a boundary agreement with the Village of Mukwonago on June 30, 2005; and

b. Whereas the boundary agreement was recorded with the Walworth County Register of Deeds on November 18, 2005, as Document No. 3338890; and

c. Whereas the Nicoson Family Trust has requested that the Village of Mukwonago approve a certified survey map which would have resulted in 0.04 acres of property being located within the Village of Mukwonago and 1.45 acres of land being within the Town of East Troy; and

d. Whereas the Village of Mukwonago has determined that it would be more economical for both the Village of Mukwonago and the Town of East Troy to have the entire property located within one municipality’s jurisdiction instead of the property being located within two jurisdictions as evidenced in Village of Mukwonago Ordinance No. 812; and

e. Whereas the Town of East Troy agrees with the determination of the Village of Mukwonago with respect to this property and agrees to have the 0.04 acres of property within the Village of Mukwonago attached to the Town of East Troy; and

f. Whereas the Town of East Troy recognizes that the attachment of the property described in Exhibit A will result in that property being removed from the boundary agreement area with the Village of Mukwonago.

2. Acceptance.

a. Pursuant to the provision of the boundary agreement between the Town of East Troy and the Village of Mukwonago and pursuant to Wis. Stat. § 66.0227, that property described in Exhibit A is accepted into the Town of East Troy and detached from the Village of Mukwonago.

b. Effect of Attachment. The property described in Exhibit A shall be part of the Town of East Troy for any and all purposes provided by law and all persons coming or residing within such property shall be subject to all ordinances, rules and regulations governing the Town of East Troy.

c. Severability. If any provision of this section is deemed to be invalid or unconstitutional, or if the application of this section to any person or persons is deemed to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the other provisions or applications of this section, which can be given effect without the invalid or unconstitutional provisions, or applications.

Exhibit A

A parcel of land located in the Village of Mukwonago, to be made a part of the Town of East Troy being part of the northeast 1/4 and southeast 1/4 of the northwest 1/4 of Section 12 Town 4 North, Range 18 East, Walworth County, Wisconsin, more particularly described as follows:

Commencing at a found pipe stake marking the northwest corner of Certified Survey Map No. 3743, recorded as Document No. 620687 of Walworth County Certified Surveys; thence S 49deg 50min 23sec E, 8.89 feet to the most northerly corner of Lot 6 of Block 1 of Hunter’s and Fraiser’s Addition to Lake Beulah; thence S 40deg 07min 55sec W, 68.35 feet along said subdivision to the point of beginning; thence continue along said subdivision, S 40deg 07min 55sec W, 113.14 feet; thence N 50deg 26min 38sec W, 15.40 feet; thence N 39deg 34min 09sec E, 113.04 feet; thence S 50deg 46min 42sec E, 16.51 feet to the point of beginning. Containing 1,804 square feet of land (0.04 acres) more or less.

(Ord. 2008-7 §§ 1, 2. 2008 code § 18.13)

1.15.020 Detaching property from the Town of East Troy – Village of Mukwonago.

1. Findings.

a. Whereas the Town of East Troy entered into a boundary agreement with the Village of Mukwonago on June 30, 2005, and more than 30 days have passed since the publication of the stipulation and no referendum has been filed contesting the boundary agreement; and

b. Whereas the boundary agreement was recorded with the Walworth County Register of Deeds on November 18, 2005, as Document No. 3338890; and

c. Whereas the East Troy Railroad Museum, Inc. (formerly Friends of East Troy Railroad Museum, Inc.) have requested that a 1.9136 acre parcel located within the Town of East Troy, and falling within the boundary detachment area of the above referenced boundary agreement with the Village of Mukwonago, be attached to the Village of Mukwonago; and

d. Whereas the property sought to be detached from the Town of East Troy is contiguous to the Village of Mukwonago; and

e. Whereas the Village of Mukwonago has drafted an ordinance which will attach said property described in Exhibit A and Exhibit B, attached to the ordinance codified in this section and incorporated herein by reference, upon the passage of the ordinance codified in this section.

2. Detaching of Property.

a. Pursuant to the provision of the boundary agreement between the Town of East Troy and the Village of Mukwonago and pursuant to Wis. Stat. § 66.0227, that property described in Exhibit A and shown on Exhibit B is hereby detached from the Town of East Troy.

b. Effect of Detachment. The property described in attached Exhibit A and shown on Exhibit B shall be detached from the Town of East Troy and attached to the Village of Mukwonago upon the Village of Mukwonago adopting an ordinance attaching the same.

Exhibit A

LEGAL DESCRIPTION

Part of the Northwest 1/4 of Section 2, Township 4 North, Range 18 East, in the Town of East Troy, Walworth County, Wisconsin, bounded and described as follows:

Commencing at the Northwest corner of the Northwest 1/4 of said Section 2; thence North 89° 57' 56'' East along the North line of said Northwest 1/4, a distance of 511.92 feet to the point of beginning; thence North 89° 57' 56'' East along said South line, 368.09 feet to the centerline of County Trunk Highway “ES”; thence South 37° 57' 05'' West along said centerline of County Trunk Highway “ES”, a distance of 174.79 feet; thence South 56° 26' 36" West a distance of 325.58 feet to the centerline of County Trunk Highway “J”; thence South 81° 27' 48" West along said centerline of County Trunk Highway “J”, a distance of 191.41 feet; thence North 30° 01' 55'' East, a distance of 399.65 feet to the point of beginning; excepting therefrom the Southerly 33 feet and the Easterly 33 feet for highway purposes; containing 83,357 square feet (1.9136 acres) net; 97,377 square feet (2.2354 acres) gross.

(Ord. 2011-13 §§ 1, 2. 2008 code § 18.14)

1.15.030 Detaching property from the Town of East Troy – Village of East Troy.

1. Findings. A petition for direct annexation was received by the Village of East Troy, Wisconsin, Walworth County in the fall of 2023. The petition was signed by all of the electors and the sole owner of the two tax parcel numbers and the right-of-way referenced in the exhibits attached to the ordinance codified in this section. On November 27, 2023, the Village Board adopted Ordinance 2023-09 annexing the two parcel numbers and the right-of-way mentioned herein by at least two-thirds vote of the Village Board. The Village of East Troy’s ordinance provides that, pursuant to Wis. Stat. § 66.0217(14), the Village of East Troy shall pay the Town of East Troy, for a period of five years, an amount equal to the amount of property taxes levied by the Town of East Troy on the annexed territory, as shown on the tax roll under Wis. Stat. § 70.65 in 2023. The property annexed into the Village of East Troy and detached from the Town of East Troy is contiguous to the Village of East Troy.

2. Detachment of Property. Whereas the Village of East Troy has attached the property legally described in Exhibits 1 and 2, attached to the ordinance codified in this section and incorporated herein by reference, the Town Board of the Town of East Troy does hereby ordain that the property described in Exhibits 1 and 2 is detached from the Town of East Troy and attached to the Village of East Troy. The Town of East Troy shall update its Official Map and Comprehensive Land Use Plan with its new geographical border.

3. This section shall become effective upon passage and publication of the ordinance codified in this section as provided by law. (Ord. 2024-3)