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Scribner, Norb From: Dick Lehmann [rlehmann@boardmanlawfirm.com] Sent: Thursday, February 13, 2003 9:15 AM To: Scribner@co.dane.wi.us Subject: RE: Gjermo Thanks. It is an interesting question what is the status of a lot that had frontage but the road goes away, but I would prefer to put this discussion on the shelf until I figure out the practical issue of how the lots created by the two CSM's are going to get connected to the public road network if the old State highway is gone and if Clearview Road ends at the new State Highway (which the latest plat book indicates. I am planning on visiting the site this weekend. I will be back in touch next week. » > "Scribner, Norb" <Scribner@co.dane.wi.us> 02/13/03 09:08AM »> Regardless of whether the old right-of-way is easement or ownership, the certified survey map lots, upon vacation and discontinuance of the right-of-way, will lack frontages on a public street. S.75.19(6)(b), Dane County Code of Ordinances requires this frontage. The scenario being suggested, would recognize the vacation and discontinuance of public streets within a recorded subdivision plat, followed by the assertion that the created lots now conform with applicable regulations. The defacto creation of land divisions, described by public highway right-of-way boundaries, is not supported by most municipal subdivision regulation interpretations. Please feel free to attempt to convince me to the contrary. Original Message From: Dick Lehmann [mailto:rlehmann@boardmanlawfirm.com] Sent: Wednesday, February 12, 2003 3:14 PM To: scribner@co.dane.wi.us Subject: Gjermo Upon further reflection, if the old State Highway right-of-way was an easement and the abutters owned to the center line, which is what the CSM's show as to the north abutters, then does vacating the highway create a new real estate parcel, or merely extinguish the easement?