04-0280R

RESOLUTION VACATING A UTILITY EASEMENT ON PROPERTY LOCATED AT 318 MARSHALL STREET (REMICK/TWOMEY).

BY COUNCILOR GILBERT:

WHEREAS, a sufficient petition was filed with the city clerk requesting the vacation of a ten-foot utility easement on the west side of property located at 318 Marshall Street legally described as: the northerly 140.3 feet of the westerly ten feet of Lot 1, Block 2, Hartley Hills, Third 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 approved, unanimously, the easement vacation petition at its April 13, 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. _______; and

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 ten feet wide utility easement on the west side of property located at 318 Marshall Street, between Ewing and Kolstad avenues, in Woodland. PC File No. 04024

The purpose of the vacation is to clear title to the property created by the building encroachment.

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