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).

BY COUNCILOR STENBERG:

        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.



STATEMENT OF PURPOSE:  This resolution is to approve an agreement which authorizes the vacation of one leg of a "T" shaped alley located between 45th and 46th Avenues West, between Grand Avenue and West Fourth Street. This portion of the alley presently divides the parking lot of the Denfeld SuperValu. The agreement further requires the dedication of an access easement and a utility easement to replace access and the location for utilities lost by virtue of the vacation. It further requires that the petitioner on whose behalf the existing access and utilities are being relinquished, to pay the cost of replacing those facilities.

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 18, 2001
Action Deadline: January 15, 2002