04-0119R

RESOLUTION VACATING A PORTION OF THE UTILITY EASEMENT ALONG THE REAR (EAST) LINE OF PROPERTY LOCATED AT 1402 VERMILION ROAD (MARKHAM).

BY COUNCILOR GILBERT:

WHEREAS, a sufficient petition was filed with the city clerk requesting the vacation of a portion of the utility easement along the rear (east) line of property located at 1402 Vermilion Road legally described as the southerly 40 feet of the sewer easement located along the eastern property line of Lot 13, Block 1, Second Rearrangement, Congdon Park Division (Reference File No. 03151); 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 28, 2004 , 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. _______.

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 utility easement to be vacated.


STATEMENT OF PURPOSE:  This resolution vacates a portion (40 feet of 56 foot long) of the utility easement along the rear (east) line of property located at 1402 Vermilion Road.

The purpose of the vacation is to facilitate the construction of a detached garage at the rear of the property. The vacation will permit the structure to be located 5 feet closer to the rear property line.

The city planning commission unanimously approved this easement vacation at its regular meeting on January 28, 2004.