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RESOLUTION NO.20181203 <br /> RESOLUTION TO DISCONTINUE PLAT RESTRICTION AND AUTHORIZE THE <br /> FILING OF AN AFFIDAVIT OF CORRECTION FOR THE SPRUCE VALLEY PLAT IN <br /> THE TOWN OF MIDDLETON,DANE COUNTY,WISCONSIN <br /> WHEREAS,the Plat of Spruce Valley(the"Plat"),a subdivision in the Town of Middleton <br /> was recorded on the 28th day of September 2016, in Volume 60-080A, on pages 437-438, as <br /> Document No. 5360336 and in the Office of the Register of Deeds for Dane County,Wisconsin; <br /> and, <br /> WHEREAS,the Town Board has been informed that the Plat contains an error with respect <br /> to the driveway/vehicular access restriction over part of Lot 10 on the Plat;and <br /> WHEREAS, Wis. Stat. sec. 236.295(1)(a) permits a plat to be corrected by recording a <br /> correction instrument, including an affidavit of correction; and <br /> WHEREAS,Wis. Stat. sec. 236.295(2)(a)requires that any affidavit correcting a plat that <br /> changes restrictions for the public benefit must be approved prior to recording by the Town Board; <br /> and <br /> WHEREAS, vehicular access and driveway restrictions that limit public access to town <br /> roads or other highways are restrictions that benefit the public; <br /> NOW,THEREFORE,BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF <br /> MIDDLETON,DANE COUNTY, WISCONSIN,AS FOLLOWS: <br /> 1. The East 108.97 feet of the No Vehicle Access and the 20.00 foot Vehicle Access <br /> Point for Lot 10 on the Plat shall be and hereby is discontinued. <br /> 2. The Affidavit of Correction, to which a copy of this resolution shall be attached <br /> shall be and hereby is approved. <br /> Dated this 3rd day of December 2018. <br /> Cyn •'a L.Richson,Town hair <br /> Attest: <br /> Lisa . Pardon,Town Clerk <br />