2000-92REVISED RESOLUTION NO 2000-92
A resolution vacating Burns Avenue between Charles and Joseph Streets.
WHEREAS, Burns Avenue located between Charles Street and Joseph Street
designated and previously dedicated for right-of-way purposes is hereby determined to
be no longer needed for public use, and therefore, the public interest requires the
vacation of such street portion; and
WHEREAS, said street portion is not essential for use and the applicant, who owns the
adjoining property to the south, desires to utilize said lands for the redevelopment of
that site; and
WHEREAS, the proposed street vacation has been referred to the Plan Commission for
its consideration and report as required by 62.23(5), Wisconsin Statutes; and
WHEREAS, a public hearing was held on the vacation of such street portion and notice
served as required by 66.296, Wisconsin Statutes;
NOW THEREFORE LET IT BE RESOLVED BY THE COMMON COUNCIL OF
THE CITY OF JANESVILLE that the following described street portion be and is
hereby vacated and discontinued pursuant to 66.296 and 66.22(lm), Wisconsin Statutes:
Part of the SE 1/4 of Section 23, T.3N., R. 12E. of the 4th p.m., City of Janesville,
Rock County, Wisconsin, described as follows: Commencing at the northwest corner of
Lot 1, Block 16, Mole & Sadler's Addition to the City of Janesville and the point of
beginning for the land herein described; thence east along the north line of said Lot 1
132 feet to the northeast corner of said lot, also being the northwest corner of Lot 14,
Block 16 of said Mole & Sadler's Addition; thence east along the north line of said Lot
14 111.7 feet to the northeast corner of said Lot 14, also being on the west right-of-way
line of Joseph Street; thence northwesterly along said west right-of-way line extended
33 feet; thence west and parallel to the north lines of said Lots 1 and 14 243.7 feet;
thence southeasterly 33 feet to the northwest corner of said Lot ! and the point of
beginning.
BE IT FURTHER RESOLVED that the City of Janesville expressly reserves an
easement for utility purposes over the entire area described above.
BE IT FURTHER RESOLVED by the Common Council of the City of Janesville that
the vacation of said Burns Avenue shall not become effective until, the actual issuance
of a building permit for and actual substantial construction of a foundation upon both
Lots 1 and 14 respectively adjoining said street portion sought to be vacated, at which
time the City Planner may record or cause to be recorded with the Rock County
Register of Deeds a true and correct Janesville City Clerk-Treasurer certified
photocopy of this conditioned vacation Resolution.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to take
whatsoever other action and to make changes to this street vacation and file the
necessary deeds and documents as may be necessary or desirable to effectuate the intent
of this resolution and/or act in the best interests of the City of Janesville.
ADOPTED: January ~, 2001
APPROVED:
Ste~en E. Sheiffer, City~'Ianager
ATTEST:
Se~tn Wulf, ~ity Clerk-Treasur~
APPROVED AS TO FORM:
City~~
Proposed by: Applicant
Prepared by: Planning Department
MOTION BY: 0 ' Leary
SECOND BY: Schneider
COUNCILMEMBER AYE NAY PASS ABSENT
SCHNEIDER X
WILLIAMS X
NOLL X
BRIEN X
MURPHY X
O' LEARY X
DEGARMO X