04-0757R


RESOLUTION VACATING STREETS AND ALLEYS UNDER MOUNTAIN VILLAS IN SPIRIT MOUNTAIN (CITY OF DULUTH/SPIRIT MOUNTAIN RECREATION AREA AUTHORITY).

BY COUNCILOR GILBERT:

     WHEREAS, a sufficient petition was filed with the city clerk requesting the vacation of streets and alleys under Mountain Villas in the Spirit Mountain Recreation Area legally described as:

     (a)  Roe Street between the easterly right-of-way of 96th Avenue West and the westerly right-of-way of 94th Avenue West, adjoining Block 2, Block 15, Block 3, and Block 14,Mesaba Heights Addition to Duluth;

     (b)  The alleys in Block 2, Block 15, Block 3, Block 14, and Block 13, Mesaba Heights Addition to Duluth;

     (c)  96th Avenue West between Blocks 3 and 4 and 13 and 14, Mesaba Heights Addition to Duluth;

     (d)  95th Avenue West between Blocks 2 and 3 and 14 and 15, Mesaba Heights 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 found that said street and alley easements are useless for the purpose for which they were intended, based on the following findings: as part of the Spirit Mountain recreation area authority, these rights of way will not be needed for street or utility purposes; and the commission did approve, unanimously, the street and alley vacation petition at its November 9, 2004, meeting (Reference Planning Commission File No. 04124).

     NOW, THEREFORE, BE IT RESOLVED, that the city council of the city of Duluth approve the vacation of the street and alleys 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 easement to be vacated.


STATEMENT OF PURPOSE:  This resolution should have no effect on the tax base. This resolution vacates streets and alleys under the Mountain Villas in Spirit Mountain.


The purpose of the vacation is to clear the titles for the 15 Mountain Villa structures and allow the owners to use them as security for mortgages.


The city planning commission unanimously approved this easement vacation petition at its regular meeting on November 9, 2004.