01-0277R

RESOLUTION VACATING THE ALLEY BETWEEN 71ST AND 72ND AVENUES WEST BETWEEN THOMPSON STREET AND THE ST. LOUIS RIVER (LIEN).

BY COUNCILOR STENBERG:

        WHEREAS, a sufficient petition was filed with the city clerk requesting the vacation of the alley between 71st and 72nd Avenues West between Thompson Street, south across Milford Street, to the St. Louis River, legally described as; the alley in Blocks 35 and 40, Hunters & Markells Grassey Point Addition; 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 alley vacation petition at its March 28, 2001 meeting;

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

        BE IT FURTHER RESOLVED , that the city retain a utility easement in that portion of the alley adjoining Lots 11, 12, 13, & Lots 20, 21, 22, Block 35.

        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 alley to be vacated and the easement to be retained.



STATEMENT OF PURPOSE:  This resolution vacates an unimproved alley located between 71st and 72nd Avenues West from Thompson Street, south across Milford Street, to the St. Louis River.

The purpose of the vacation is to enhance the adjoining private properties. This is a 16' wide easement. The portion between Thompson Street and Milford Street is "flat" and is lawn, yard or driveway area for the adjoining properties on the west. The city owns a majority of the land on the east. The portion south of Milford Street is tree covered and rises from Milford then slopes to the Western Waterfront Trail and to the St. Louis River. The city holds title to or easement over lands along the river for the Western Waterfront Trail.

The City Planning Commission unanimously approved this vacation at its regular meeting on March 28, 2001.

Date Filed: February 28, 2001
Action Deadline: June 28, 2001