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Published November 24, 2011, 12:00 AM

CITY OF RIVER FALLS: 12/13/11 Hearing - Vacate Street (Alley)

CITY OF RIVER FALLS

CITY OF RIVER FALLS

NOTICE OF PUBLIC HEARING TO VACATE

STREET AND ALLEY RIGHT OF WAYS

WITHIN THE CITY OF RIVER FALLS

PLEASE TAKE NOTICE that on the 13th day of December 2011, at 6:30 p.m., or soon thereafter as the matter may be heard, the Common Council of the City of River Falls will hold a Public Hearing for the purpose of receiving public input and opinion concerning the following resolution which involves the proposed discontinuance and abandonment of a public alley right-of-ways in the City of River Falls.

RESOLUTION

-To Release Right of Way Easement in Favor of City of River Falls; All of the 14-foot wide alley which lies southerly of Walnut Street and between Outlots 103 and 104 of the Amended Assessor’s Plat of the City of River Falls, Pierce County, Wisconsin-

WHEREAS, the City of River Falls contains streets and alleys which were dedicated to the City of River Falls by virtue of approval by the City and its recording with the Register of Deeds for Pierce County; and

WHEREAS, the alley right-of-way dedicated to the City of River Falls identified therein as being all of the 14-foot wide alley which lies southerly of Walnut Street and between Outlots 103 and 104 of the Amended Assessor’s Plat of the City of River Falls, Pierce County, Wisconsin; and

WHEREAS, surplus right-of-way was dedicated to the City of River Falls which has been used for alley purposes for which the Common Council foresees no future need in conjunction with its facilitation of public travel along and upon the streets maintained by the City and known as all of the 14-foot wide alley which lies southerly of Walnut Street and between Outlots 103 and 104 of the Amended Assessor’s Plat of the City of River Falls, Pierce County, Wisconsin; and

WHEREAS, in accord with Wisconsin law, the dedication of land in a plat for street purposes is for the sole purpose of opening, operating and maintaining a street for public travel purposes thereupon and for no other further public or private purpose; and

WHEREAS, the City desires to release surplus right of way to the adjoining property owner; and

WHEREAS, the City will discontinue to operate the 14-foot wide alley which lies southerly of Walnut Street and between Outlots 103 and 104 of the Amended Assessor’s Plat of the City of River Falls, Pierce County, Wisconsin in its entirety and desires to release surplus right of way to the adjoining property owner; and

WHEREAS, subject only to the retention by the City of any easement for utility purposes crossing the said portion of right of ways being released by virtue of this resolution, the City wishes to convey said described real estate to the adjoining property owners; and

WHEREAS, pursuant to Section 66.1003(4)(a) Wisconsin Statutes; the Common Council wishes to initiate the discontinuance of the above stated alley, as the public interest requires as part of the redevelopment of Tax Increment District # 9 and in accordance with the recommendation of the Plan Commission; and

WHEREAS, a Public Hearing was duly scheduled and held with notice thereon having been given, in accordance with Section 66.1003(4) (b) Wisconsin Statutes, and the City having received no written objection to such discontinuance;

NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of River Falls hereby releases from the dedication for alley purposes the following real estate described below and highlighted in the exhibit attached hereto (exhibit is available for viewing at River Falls City Hall and Public Library during normal business hours):

All of the 14-foot wide alley which lies southerly of Walnut Street and between Outlots 103 and 104 of the Amended Assessor’s Plat of the City of River Falls, Pierce County, Wisconsin.

BE IT FURTHER RESOLVED, that the said described real estate is surplus and is not needed for the purpose of public travel through the alley in Tax Incremental district # 9 in accord with the described real estate above;

BE IT FURTHER RESOLVED that in accord with 66.1003, Wis. Stats, the City of River Falls does hereby go on record as releasing from the dedication in favor of the City the above described real estate and that the Mayor and Clerk shall execute a quit Claim Deed thereto in favor of owner record of adjoining property in said plat, subject to the retention by the City of any easements crossing the same and restricted to use for City utility purposes.

BE IT FURTHER RESOLVED that a certified copy of this Resolution be recorded as evidence of the City’s action, in writing, releasing the street and alley easements in question.

Dated this 13th day of December 2011.

CITY OF RIVER FALLS

Don Richards, Mayor

ATTEST: Lu Ann Hecht, City Clerk

(Pub. 11/24/11, 12/01/11, 12/08/11)

______________________________________________ WNAXLP

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