04-0120R

RESOLUTION VACATING A 20-FOOT UTILITY EASEMENT LOCATED OVER THE EASTERLY 20 FEET OF PROPERTY LOCATED AT 4106 TIOGA STREET (RAMSAY).

BY COUNCILOR GILBERT:

WHEREAS, a sufficient petition was filed with the city clerk requesting the vacation of utility easement located over the easterly 20 feet of property located at 4106 Tioga Street legally described as the northerly 150 feet of the utility easement along the easterly 20 feet except the southerly ten feet of Lot 3, Block 2, Woodridge Division of Duluth (Reference File No. 04003); 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 easement to be vacated.


STATEMENT OF PURPOSE:  This resolution vacates a 20-foot utility easement located over the easterly 20 feet of property located at 4106 Tioga Street.

The purpose of the vacation is to allow the owner to subdivide and construct a second home. Division of the lot will result in two 75.5 feet wide by 160 feet deep lots. The applicant states that "the city of Duluth will not need this easement in the future because city utilities already run along Tioga Street, which fronts the affected and adjacent properties." Other utilities are located in an existing easement across the rear of the lots.

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