WHEREAS, a sufficient petition was filed with the city clerk requesting the vacation of a utility easement legally described as a 16-foot wide utility easement on Lots 3, 4, 5, Block 1, of the Helstrom Rearrangement; 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 October 24, 2001, meeting.

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

STATEMENT OF PURPOSE:  This resolution vacates an unnecessary utility easement located at the west end of Fairmont Street in Woodland. On June 13, 2000, the planning commission and on June 26, 2000, the city council approved Resolution 00-0439 which vacated Elon Avenue in Helstrom Rearrangement (planning file No. 00051). With the prior vacation of Elon Avenue, which created three building lots with frontage on Fairmont Street, this utility easement is no longer necessary.

The purpose of the vacation is to clear the title to the property to allow for the construction of a new residential dwelling.

The city planning commission unanimously approved this at its regular meeting on October 24, 2001. In making their recommendation the commission considered the following:

Can it be shown that there will be no future need for this easement right-of-way? Yes, the prior vacation of Elon Avenue created three building lots which front on Fairmont Street. No utility easement is necessary with the new lots having a minimum of 50 feet of street frontage on Fairmont Street.

Date Filed: September 28, 2001
Action Deadline: January 25, 2002