01-0626R

RESOLUTION VACATING ALLEY ADJACENT TO THE SOUTHERLY 50 FEET OF LOTS 1, 2, 3, 4, 4-1/2 AND ALL OF LOT 5, BLOCK 188, WEST DULUTH SEVENTH DIVISION LOCATED WEST OF 51ST AVENUE WEST, 100 FEET SOUTH OF WADENA STREET (HRA-SVCNDA).

BY COUNCILOR STENBERG:

        WHEREAS, a sufficient petition was filed with the city clerk requesting the vacation of the alley located on the west side of 51st Avenue West, 100 feet south of Wadena Street, legally described as:  alley adjacent to the southerly 50 feet of Lots 1, 2, 3, 4, 4-1/2 and all of Lot 5, Block 188, West Duluth Seventh Division; 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 vacation petition at its August 14, 2001, meeting;

        NOW, THEREFORE, BE IT RESOLVED, that the city council of the city of Duluth approves the vacation of the alley 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 register 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 to be vacated.



STATEMENT OF PURPOSE:  This resolution vacates the paper alley on the west side of 51st Avenue West, 100 feet south of Wadena Street.  The purpose of the vacation is to facilitate the construction of three new homes on the vacated alley and the adjoining properties.

The city planning commission unanimously approved this alley vacation at its regular meeting on August 14, 2001. In making this recommendation the commission considered the following:
        Can it be shown that there will be no future need for this right-of-way? Yes.
                This is a totally unimproved alley easement. No passage has existed for over two decades and no utility needs have been identified. The two Ramsey Village plans show no need or plan for this alley easement.

Date filed: June 26, 2001
Action deadline: October 24, 2001