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2000-51RESOLUTION NO. 2000-51 A resolution vacating a portion of a utility easement on property located at 4215 Bordeaux Drive. WHEREAS, a ten-foot wide utility easement was dedicated along the west line of Lot 21, Block M, by the plat of Wuthering Hills Heights as recorded in the office of the Register of Deeds, Rock County, Wisconsin, on 19 March 1980 in Volume 31 of subdivision plats, Pages 11 - 13; and WHEREAS, a residence was subsequently constructed on said Lot 21 with the resulting structure encroaching 3.9 feet into the east-side of said utility easement; and WHEREAS, the owner of the property on which the easement is located desires to vacate the easterly 4.0 feet of said easement to eliminate that encroachment and the associated encumbrance that places on the property title; and WHEREAS, the City Engineering, Planning and Public Works staff have determined that there are no existing municipal facilities in said easement nor planned future utility installations requiring the use of said easement; and WHEREAS, on 15 May 2000 the Janesville Plan Commission reviewed the release of the easterly 4.0 feet of the existing easement and found said actions to be consistent with city plans; and WHEREAS, the City Council finds the release of the easterly 4.0 feet of the said easement consistent with the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF JANESVILLE that City of Janesville hereby releases all rights to the following described utility easement: Part of the NW IA of the NE IA of Section 28, T. 3 N., R. 13 E. of the 4th P. M., City of Janesville, Rock County, Wisconsin, described as follows: The east 4.0 feet of a 10.0 foot wide utility easement located in the westerly 10.0 feet of Lot 21, Block M, of Wuthering Hills Heights addition to the City of Janesville as recorded in the office of the Register of Deeds, Rock County, Wisconsin, in Volume 3 lof subdivision plats, Pages 11 - 13, excepting the north 10.0 feet thereof. BE IT FURTHER RESOLVED that upon adoption of this resolution, the City Clerk is directed to record a certified copy of this resolution with the Register of Deeds of Rock County, Wisconsin, thus granting the release of the heretofore described easement. RESOLUTION NO. 2000-51 PAGE 2 ADOPTED: Hay 22~ 2000 APPROVED: St~-ve~'E. Sheiffer, C}ty M~ger ATTEST: Jea~nn W~IL Cit~ (~lerk-Treas~rer ~PROVED AS TO FOra: ~r City Attorney Proposed by: Applicant Prepared by: Planning Department MOTION BY: 0 ' Leary SECOND BY: Noll COUNCILMEMBER AYE NAY PASS ABSENT SCHNEIDER X WILLIAMS X NOLL X BRIEN X MURPHY X O'LEARY X DEGARMO X