04-0603R


RESOLUTION VACATING 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 (Reference File No. 04082).

     NOW, THEREFORE, BE IT RESOLVED, that the city council of the city of Duluth finds that there will be no future need for this right-of-way and that the vacation would enlarge the petitioners properties to provide a larger, buildable area to facilitate development of the adjoining properties; and approves the vacation of the 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 registrar 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 alley easement to be vacated.


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


The purpose of the vacation is to facilitate development of the adjoining properties.


There are companion actions to rezone and deny rezoning of these properties.


The City Planning Commission voted to recommend denial, by a vote of 6-3-1, of the vacation of this easement at its regular meeting on August 25, 2004. The Planning Staff had recommended approval of the vacation.


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.