04-0744R


RESOLUTION VACATING PORTIONS OF THE UTILITY EASEMENT IN THE ALLEY BETWEEN EAST FOURTH STREET AND EAST FIFTH STREET, FROM 22ND AVENUE EAST TO 23RD AVENUE EAST (HARLAN AND ANNE HENDRICKSON).

BY COUNCILOR GILBERT:

     WHEREAS, a sufficient petition was filed with the city clerk requesting the vacation of the utility easement in the alley between East Fourth Street and East Fifth Street, from 22nd Avenue East to 23rd Avenue East, legally described as that part of the utility easement abutting Lot 3, easterly 40 feet of Lot 4, Lot 5 except easterly ten feet, Block 32; Lot 3, easterly 40 feet of Lot 4, westerly 40 feet of Lot 5, all of Lot 6, Block 33, East Lawn Division; and abutting Lots 1-3 and 13-16, Block 13, Highland Park 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 determined there is no need or necessity for the petitioned utility easement and, therefore, unanimously approved the vacation at its regular meeting of October 27, 2004 (Reference Planning Commission File No. 04119).

     NOW, THEREFORE, BE IT RESOLVED, that the city council of the city of Duluth finds there is no need or necessity to retain the petitioned utility easement and approves the vacation more particularly described as 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 streets and alleys to be vacated as well as the easements to be retained.


STATEMENT OF PURPOSE:  This resolution should have no effect on the tax base.