01-0752R

RESOLUTION VACATING A PORTION OF WEST 12TH STREET (MARKS AVENUE) AND SLOPE EASEMENTS FOR CUT AND FILL LOCATED ALONG WEST 12TH STREET, BETWEEN PIEDMONT AVENUE AND EAST DIAMOND AVENUE (STINGLE AND FORSBERG).

BY COUNCILOR STENBERG:

        WHEREAS, a sufficient petition was filed with the city clerk requesting the vacation of a portion of West 12th Street and slope easements along the right-of- way, legally described as that portion of West 12th Street (Marks Avenue) adjoining Lots 22 through 33, Block 46, and Lots 19 through 28, Block 51, Harrison's Brookdale Division, and those slope easements for cut and fill in Blocks 46 and 51, Harrison's Brookdale Division, as same were condemned by the city of Duluth on September 26, 1927, and recorded on page 134, Miscellaneous Record No. 39, St. Louis County, Minnesota; 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 unanimously approved the vacation petition at its September 11, 2001, meeting.

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

        BE IT FURTHER RESOLVED, that the city council of the city of Duluth approves the vacation of that portion of West 12th Street (Marks Avenue) described above and as more particularly described on Public Document No. _______.

        BE IT FURTHER RESOLVED, that the city council of the city of Duluth reserves for pedestrian and utility purposes, an easement ten feet on each side of the centerline of the vacated street easement described above.

        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 vacation of the slope easements and the portion of the street to be vacated.



STATEMENT OF PURPOSE:  This resolution vacates an unbuilt portion of West 12th Street, from 750 feet east of Piedmont Avenue to east Diamond Avenue (paper street). It also vacates slope and fill easements along the right-of-way.

The purpose of the vacation is two-fold:
        1.     To vacate a portion of the right-of-way for West 12th Street to facilitate the construction of a new home. This vacation does retain the center 20 feet of the right-of-way as a future pedestrian and utility easement.
        2.     To vacate slope easements for cut and fill along West 12th Street (originally plated as Mark or Marks Avenue). These easements were condemned by the city in 1927. The easements were never exercised and the city has historically not used and has no intention of using these easements. (As a side note, similar slope easements have been vacated throughout the Downtown area dating back to the late 1960's, for such projects as the Holiday Center, the Ordean Building and the Incline Station.)

The city planning commission unanimously approved these vacations at its regular meeting on September 11, 2001.

Date Filed: July 27, 2001
Action Deadline: November 25, 2001