04-0144R

RESOLUTION VACATING A PORTION OF CONGDON BOULEVARD RIGHT-OF-WAY AND UNUSED UTILITY EASEMENTS FOR PROPERTY LOCATED AT 9640 CONGDON BOULEVARD (CAINE).

BY COUNCILOR GILBERT:

WHEREAS, a sufficient petition was filed with the city clerk requesting the vacation of 200 x 30 feet of the Congdon Boulevard right-of-way and unused utility easements on property located at 9640 Congdon Boulevard, legally described as: that portion of Congdon Boulevard right-of-way lying 30 feet north of and adjoining the east 1/2 of Lot 6, all of Lot 7, and the western 40 feet of Lot 8, Seaway View Addition; and the utility easement lying south of the north line of and common to the east of Lot 6, all of Lot 7, and the western 40 feet of Lot 8, Seaway View Addition; 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 right-of-way and utility easement vacation petition at its February 10, 2004, meeting.

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

RESOLVED FURTHER, that the city retains the northerly 20 feet of the vacated portion of Congdon Boulevard as 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 right-of-way and utility easement to be vacated and the portion of the vacated right-of-way being retained as utility easement.


STATEMENT OF PURPOSE:  The purpose of the vacation is to clear title to the property. The home and garage are constructed upon unused utility easements and the garage encroaches into the dedicated right-of-way of Congdon Boulevard.

The northerly 20 feet of the 30 feet of Congdon Boulevard right-of-way is being retained as a utility easement for the existing city water line.

The city planning commission unanimously approved this easement vacation petition at its regular meeting on February 10, 2004.