00-0438R

RESOLUTION VACATING A RESERVATION FOR CONDUITS FOR WIRES, SEWERS, WATER AND GAS AND OTHER PUBLIC NECESSITIES IN VACATED KEITH STREET IN THE PLAT OF A REARRANGEMENT OF PART OF FOURTH GLEN AVON DIVISION OF DULUTH (FRYBERGER).

BY PRESIDENT GILBERT:

WHEREAS, the city council did vacate Keith Street between Melrose and Dunedin Avenues on March 14, 1923 and did reserve the right of way through said property for conduits for wires, sewers, water and gas and other public necessities; and

WHEREAS, a sufficient petition was filed with the city clerk requesting the vacation of the utility easement reserved by the city of Duluth when Keith Street from Melrose Avenue to Dunedin Avenue was vacated on March 2, 1923, by vacation recorded as Document Number 58233 with the registrar of titles of St. Louis County, Minnesota, on March 19, 1923; and

WHEREAS, pursuant to Section 100 of the City Charter and Article IV of Chapter 45 of the Duluth City Code, 1959 as amended, such petition was duly referred to the city planning commission, and such commission gave due notice of public hearing and did consider same in public hearing; and

WHEREAS, the city planning commission approved unanimously the utility easement vacation petition at its June 13, 2000, meeting.

NOW, THEREFORE, BE IT RESOLVED, that the city council of the city of Duluth approves the vacation of the easement described above, and as more particularly described on Public Document No._______.

BE IT FURTHER RESOLVED, that the city clerk is hereby directed to record, with the registrar of deeds and/or the registrar of titles of St. Louis County, Minnesota, a certified copy of this resolution together with a plat showing the portion of the easement to be vacated.


STATEMENT OF PURPOSE: This resolution vacates a utility easement located in vacated Keith Street between Melrose Avenue and Dunedin Avenue, just north of Arrowhead Road. On March 14, 1923, the city council vacated Keith Street between Melrose and Dunedin avenues. The vacation of Keith Street did reserve the right-of-way through said property for conduits for wires, sewers, water and gas, and other public necessities.

The purpose of the vacation is to clear the title to properties being replatted as Woodcrest. The city planning commission unanimously approved this vacation at its regular meeting on June 13, 2000.