04-0389R

RESOLUTION VACATING STREETS, ALLEYS, AND UTILITY EASEMENTS IN DULUTH HEIGHTS, SIXTH DIVISION FOR REPLATTING OF LAND INTO ANDREWS DIVISION, FIRST ADDITION (BILLMAN CONSTRUCTION, INC. AND DEDA).

BY COUNCILOR GILBERT:

WHEREAS, a sufficient petition was filed with the city clerk requesting the vacation of streets, alleys, and utility easements in Duluth Heights Sixth Division legally described as:
Section 1) The Westerly 33.0 feet of Hugo Street, lying Northerly of the Northeasterly extension of the Southerly line of Block 8 and Southerly of the extended centerline of vacated Alder Street, all in the plat of Duluth Heights, Sixth Division.
Section 2) The alley adjacent to Block 8, Duluth Heights, Sixth Division lying Northerly of the southwesterly extension of the Southerly line of said Block 8 and Southerly of the extended centerline of vacated Alder Street.
Section 3) The alley located in Block 14, Duluth Heights, Sixth Division lying North of Linden Street and abutting Lots 1 through 10 inclusive and Lots 24 through 34, inclusive, in said Block 14.
Section 4) The 16 foot wide utility easement retained in the vacated alley which bisects Block 15, Duluth Heights, Sixth Division, lying between the South line of Balsam Street and the North line of Banian Street.
Section 5) A 16 foot wide North-South utility easement across Balsam Street, said easement being the extension of the North-South alley and utility easement located in Block 15, Duluth Heights, Sixth Division.
Section 6) A 16 foot wide North-South utility easement across Banian Street, said easement being the extension of the North-South alley and utility easement located in Block 15, Duluth Heights, Sixth 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 approved unanimously, the street, alley and utility easement vacation petition at its May 26, 2004, meeting.

NOW THEREFORE, BE IT RESOLVED, that the city council of the city of Duluth approves the vacation of streets, alleys, and utility easements described above, and as more particularly described on Public Document No._______.

BE IT FURTHER RESOLVED , 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 streets, alleys, and utility easements to be vacated.


STATEMENT OF PURPOSE: This resolution vacates streets and utility easements located in Duluth Heights, Sixth Division to be replatted as Andrews Division, First Addition. The purpose of the vacation is to clear the title to the land for replatting of the subject property as "Andrews Division, First Addition." The existing 29 residential lots are to be rearranged into 11 building lots and 4 outlots for storm water and wetland management purposes. The City Planning Commission unanimously approved this vacation request at its regular meeting on May 26, 2004.