04-0602R


RESOLUTION DENYING A VACATION OF AN UNIMPROVED ALLEY EASEMENT WEST OF KENWOOD AVENUE AND SOUTH OF ARROWHEAD ROAD (DULUTH TEACHERS CREDIT UNION).

BY COUNCILOR GILBERT:

     WHEREAS, a sufficient petition was filed with the city clerk requesting the vacation of an unimproved alley easement 125 feet west of and parallel to Kenwood Avenue and extending 125 feet south of Arrowhead Road legally described as the

alley adjoining Lots 1-4 and the north 19 feet of Lot 5, Block 1, and Lot 1, Block 2, Myers and Whipples Addition to Duluth; 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 recommended denial of the easement vacation petition at its August 25, 2004,meeting. (Ref. File No. 04082)

     NOW, THEREFORE, BE IT RESOLVED, that the city council of the city of Duluth finds that there will a future need for this right-of-way and denies the vacation of the easement described above.


STATEMENT OF PURPOSE:  This resolution denies the vacation of the unimproved alley easement 125 feet west of and parallel to Kenwood Avenue and extending 125 feet south of Arrowhead Road.


The Planning Commission recommended denial of this resolution at its August 25, 2004, meeting. The Planning staff had recommended of the vacation.


There are companion actions - a rezoning ordinance and a resolution related to this project.


This right-of-way measures 16 feet in width and extends 125 feet, more or less, southerly from Arrowhead Road and is “top leg” of a “T” shaped alley serving 3 platted blocks. There are no utilities in this right of way; however, there are overhead and underground utilities in portions of the balance of the platted alley.