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2005-135 REVISED RESOLUTION NO. 2005-135 A resolution vacating a portion of Hoya Lane and Old Kennedy Road north of Terapin Trail. WHEREAS, a portion of Hoya Lane and a portion of Old Kennedy Road north of Terapin Trail, hereinafter 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 portions; and WHEREAS, the proposed street vacations have 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 portions and notice required by Wisconsin Statutes 66.296 has been timely published and served. NOW THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF JANESVILLE that the following described street portions be and are hereby vacated and discontinued pursuant to 66.296 and 66.22(1m), Wisconsin Statutes: Street Section I: Portion of Hoya Lane north of Terapin Trail described as follows: THAT PART OF HOY A LANE DEDICATED TO THE PUBLIC ON "HARMONY GROVE" AND LOCATED IN THE NW. 1j,¡ OF THE SW. 1j,¡ OF SECTION 7, T.3N., R.13E. OF THE 4TH P.M., CITY OF JANESVILLE, ROCK COUNTY, WISCONSIN. DESCRIBED AS FOLLOWS: Beginning at the NW. corner of Lot 66, "Harmony Grove"; thence N.0049'10'W. along the East line of Hoya Lane; 120.0 feet to the North end of Hoya Lane as platted; thence N.89°31'10"W. 70.02 feet to the West line of Hoya Lane; thence S.0049'10"E. 120.0 feet; thence S.89°30'47"E. 70.02 feet to the place of beginning. Street Section II: Portion of Old Kennedy Road north of Terapin Trail described as follows: LOCATED IN THE SE. 1j,¡ OF THE NW. 1j,¡ AND THE NE. 1j,¡ OF THE NW. 1j,¡ OF SECTION 7, T.3N., R.13E. OF THE 4TH P.M., CITY OF JANESVILLE, ROCK COUNTY, WISCONSIN. DESCRIBED AS FOLLOWS: Beginning at the NE. corner of Lot 1 of a Certified Survey Map as recorded in Volume 10, Pages 311 and 312; thence N.0033'57"W. along the West line of Kennedy Road, 1235.23 feet; RESOLUTION NO. 2005-135 PAGE 2 thence N.89°10'48"E. 70.0 feet to the East line of said Old Kennedy Road; thence S.0033'57"E 1235.08 feet; thence S.89°03'25"W. 70.0 feet to the place of beginning. NOW THEREFORE BE IT FURTHER RESOLVED that the City of Janesville hereby retains a temporary easement for access and utility purposes over the entire land area described in Section II above for Old Kennedy Road. Said easement shall expire when the new sanitary sewer system has been installed within the realigned right-of-way for Old Kennedy Road and is fully operational as determined by the Utilities Director. Motion by: Williams Second by: Brien Councilmember Aye Nay Pass Absent Wellnitz, Tim X Brien X Williams X Wellnitz, Tom X Steeber X DeGarmo X Addie X ADOPTED: March 14. 2005 Jean APPR~Pl?~ City Attorney Proposed by: Applicant Prepared by: Planning Department