BY COUNCILOR STENBERG:01-0866R
RESOLUTION AUTHORIZING AN AGREEMENT WITH SEMPER DEVELOPMENT TO VACATE A PORTION OF THE ALLEY LOCATED WEST OF 45TH AVENUE, BETWEEN FOURTH STREET AND GRAND AVENUE, TO ACCEPT AND FILE REPLACEMENT EASEMENT DOCUMENTS AND GUARANTEEING COSTS RELATED THERETO (SEMPER DEVELOPMENT/WALGREENS).
WHEREAS, a sufficient petition was filed with the city clerk requesting the vacation of a portion of the alley, located west of 45th Avenue, between Fourth Street and Grand Avenue, legally described as the alley adjoining Lots 7, 8, 9, 10 and 11, Block 9, Grand Central 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 found that the vacation of this portion of the alley made the remaining portion of the alley unnegotiable by service vehicles and that there are existing utilities that must be relocated; and
WHEREAS, the petitioner has in its control lands sufficient to provide an adequate ingress and egress easement and a utility relocation easement and the petitioners have provided an ingress and egress easement and a replacement utility easement across Lots 7-11, Block 9, Grand Central Division; and
WHEREAS, the city planning commission approved unanimously the vacation petition with provision of an ingress and egress easement and a utility easement at its October 24, 2001, meeting; and
WHEREAS, in order to make the vacation of the requested alley easement area fair and reasonable to the city and to other users of the existing easement, it is necessary to secure from petitioner, a commitment to replace or pay for the replacement of alley and utility improvements existing within the existing alley easement; and
WHEREAS, the petitioner is willing to make such a commitment.
NOW, THEREFORE, BE IT RESOLVED, the proper city officials are hereby authorized to enter into an agreement, substantially in the form of that on file as Public Document No.____________, with Semper Development for the vacation of the hereinafter-described alley easement, for the dedication of a replacement access easement and utility easement and for replacement of infrastructure in the vacated easement at the petitioner's expense.
RESOLVED FURTHER, that pursuant to said agreement 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._______.
RESOLVED FURTHER, that the proper city officials are hereby authorized to accept and file easement documents.
RESOLVED FURTHER, 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 ingress/egress and utility
easements being accepted.
The purpose of the vacation is to facilitate the redevelopment of the Super Value site for a Walgreens Store. The applicant (Semper Development) has agreed to accept all costs related to utility relocation and appropriate construction of the access easement. The city planning commission unanimously approved this at its regular meeting on October 24, 2001.
Date Filed: September
Action Deadline: January 15, 2002