04-0554R

RESOLUTION VACATING A UTILITY EASEMENT ON PROPERTY LOCATED AT 317 MARSHALL STREET. (Hedtke/Brooks)

BY COUNCILOR GILBERT:

WHEREAS, a sufficient petition was filed with the city clerk requesting the vacation of a 10-foot utility easement located at 317 Marshall Street and legally described as the 10-foot wide utility easement along the west side of Lot 3, Block 1, Hartley Hills Third Division to Duluth, except the northerly 5 feet of said utility easement; 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 vacation of this easement at its June 23, 2004, meeting.

NOW, THEREFORE, BE IT RESOLVED, that the city council of the city of Duluth approve 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. (Ref. File No. 04058)


STATEMENT OF PURPOSE: This resolution vacates a 10-foot wide utility easement along the est side of Lot 3, Block 1, Hartley Hills Third Division, except the northerly 5 feet of said easement. The property is located at 317 Marshall Street, midway between Kolstad and Ewing Avenues.

The purpose of the vacation is to unify property for construction of a two-car garage.

The City Planning Commission unanimously approved this easement vacation petition at its regular meeting on June 23, 2004.