01-0743R

RESOLUTION VACATING ALLEY ADJACENT TO LOT 16, BLOCK 189, WEST DULUTH SEVENTH DIVISION, AND ACCEPTING DEDICATION OF AN ALLEY EASEMENT TO BE LOCATED AT THE WESTERLY FIVE FEET OF LOT 16, BLOCK 188, WEST DULUTH SEVENTH DIVISION AND AUTHORIZING APPROPRIATE CITY OFFICIALS TO ACCEPT AND FILE TITLE TRANSFER DOCUMENTS (HRA-SVCNDA).

BY COUNCILOR STENBERG:

        WHEREAS, a sufficient petition was filed with the city clerk requesting the vacation of the alley located on the north of Ramsey Street between, 51st and 52nd Avenues West, legally described as the alley adjacent to Lot 16, Block 188, and Lot 16, Block 189 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, after due consideration, the city planning commission determined that the petitioners had failed to demonstrate that no future need for any alley could be shown and recommended denial unless the petitioner could dedicate alternative lands necessary to maintain a 16 feet wide easement; and

        WHEREAS, the petitioner has in its control lands sufficient to maintain a 16 foot alley easement located five feet to the west of its current location and petitioner is willing to dedicate these lands for alley easement purposes, such dedication contingent upon the city's vacation of the easterly five feet of said right-of-way adjacent to Lot 16, Block 189, West Duluth Seventh Division; and

        WHEREAS, such relocation of the alley easement will not have a negative effect on the city's ability to use the easement in the future; and

        WHEREAS, the city planning commission approved unanimously the vacation petition with retention of a utility easement and replacement roadway easement 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 westerly five feet of the alley described above and as more particularly described on Public Document No. _______.

        BE IT FURTHER RESOLVED, that the westerly five feet of the alley vacation described above be retained as a utility easement.

        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 alley to be vacated and the portion retained as a utility easement.

        BE IT FURTHER RESOLVED, that the city council accepts the dedication of an alley easement as more particularly described on Public Document No. ______ and authorizes the appropriate city officials to accept title documents in substantially the form of said public document and record the same.



STATEMENT OF PURPOSE:  This resolution:
        1. Vacates the westerly five feet of the alley on the north side of Ramsey Street between 51st and 52nd Avenues West and retains it as a utility easement for existing utilities;
        2. Accepts a replacement five feet from the property on the opposite side of the alley being vacated to provide a full 16 feet of roadway right of way; and
        3. Authorizes the proper city officials to accept and file title transfer documents.

The purpose of the vacation is to facilitate the construction of four new homes west on the adjoining properties west of the vacated portion of the alley.

The original petition was to vacate the entire alley adjacent to Lot 16, Block 188, and Lot 16, Block 189, West Duluth Seventh Division. The planning staff opposed this request on the finding that the vacation would result in the remainder of the alley in these blocks becoming unusable for any vehicles other than a passenger car.

At the meeting, the representatives of the petitioners offered the alternative described in this resolution, on condition that the petitioners will dedicate a five-foot wide alley and utility easement across the westerly five feet of Lot 16, Block 188, which will allow for the continued through-travel for the entire length of blocks 188 and 189.

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, for the westerly five feet of the alley if the five feet being vacated is retained as utility easement for existing utilities and a compensatory five feet is dedicated from Lot 16, Block 188 for roadway easement.

This is a totally improved alley easement which has been used for passage for the balance of the block. The two Ramsey Village Plans show the perpetuation of this alley easement.

Date Filed: June 26, 2001
Action Deadline: October 24, 2001