04-0059R

RESOLUTION VACATING A PORTION OF A 16-FOOT WIDE ALLEY ON PROPERTY LOCATED ALONG THE EAST SIDE OF WOODLAND AVENUE BETWEEN ELIZABETH STREET AND NORTON STREET (MORSE).

BY COUNCILOR GILBERT:

WHEREAS, a sufficient petition was filed with the city clerk requesting the vacation of a portion of the 16-foot wide alley legally described as: alleyway adjoining Lots 7-12 and 22-24, Block 8, and Lots 7 - 26, Block 9, Motor Line 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, the city planning commission unanimously approved the alley 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 herewith retains the full vacated alley right-of-way as a utility easement.

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 alleyway to be vacated and the utility easement being retained.


STATEMENT OF PURPOSE:  This resolution vacates the southerly 370 of a 700-foot long, 16-foot wide, alley along the east side of Woodland Avenue between Elizabeth Street and Norton Street.

The purpose of the vacation is to unify the properties currently separated by the unimproved alley easement. This will allow the owner the full use of his property for the addition of an 18-unit apartment building and detached garage construction. The applicant's petition states that "the city of Duluth will not need this alley in the future because there is no need for it."

The city planning commission unanimously approved this alley vacation petition at its regular meeting on January 13, 2004, with the provision that the full 16 feet of vacated alleyway be retained as a utility easement.