04-0053R

RESOLUTION VACATING A 20-FOOT WIDE UTILITY EASEMENT ON PROPERTY LOCATED AT 4048 AND 4050 MINNESOTA AVENUE (BUSHEY).

BY COUNCILOR GILBERT:

WHEREAS, a sufficient petition was filed with the city clerk requesting the vacation of 20-foot wide utility easement legally described as: 10 feet along the rear of Lots 11, 13, 26, 27, Block 2, Oatka Beach Addition to Duluth (Reference File No. 03148); 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 easement vacation petition at its January 13, 2004, meeting.

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

RESOLVED FURTHER, 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 a 20-foot wide utility easement (ten feet along the rear of each of four platted lots) located at 4048 and 4050 Minnesota Avenue.

The purpose of the vacation is to facilitate future improvements on the properties. This is the sixth such vacation in the 4000, 4100 and 4200 blocks of Minnesota Avenue over the past six years.

The city planning commission unanimously approved this easement vacation petition at its regular meeting on January 13, 2004.