05-0157R


RESOLUTION VACATING 41ST AVENUE EAST AND ALLEY EASEMENT BETWEEN 40TH AVENUE EAST AND 42ND AVENUE EAST, BETWEEN DODGE STREET AND PEABODY STREET (KATIE BEEMAN/CHARLES ERICKSON, ET AL.).

BY COUNCILOR GILBERT:

     WHEREAS, a sufficient petition was filed with the city clerk requesting the vacation of 41st Avenue East and alley easement between 40th Avenue East and 42nd Avenue East between Dodge Street and Peabody Street legally described as:

     (a)  41st Avenue East adjoining Blocks 105 and 106, London Addition to Duluth;

     (b)  Alley easement in Blocks 105 and 106, London 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 easement is useless for roadway purposes but necessary for utility and pedestrian purposes, based on the following findings:

     (a)  41st Avenue East - the intersecting streets do provide adequate access and traffic circulation through the immediate neighborhood. There are existing underground gas and future utility needs as well as pedestrian use of the easement;

     (b)  The alley does not provide access to adjoining properties. There are existing overhead utilities; and

     WHEREAS, the commission did approve, unanimously, the street and alley easement vacation petition at its February 23, 2005, meeting (reference Planning Commission File No. 05010).

     NOW, THEREFORE, BE IT RESOLVED, that the city council of the city of Duluth approve the vacation of the easement described above and as more particularly described on Public Document No.__________.

     RESOLVED FURTHER, that the center 24 feet (12 feet each side of the centerline) of 41st Avenue East be retained as a utility and pedestrian easement and that the full right-of-way of the alley, including the crossing of 41st Avenue, be retained as a utility easement.

     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 vacates 41st Avenue East, between Dodge Street and Peabody Street, retaining the center 24 feet (12 feet each side of the centerline) as a utility and pedestrian easement and the alley between 40th Avenue East and 42nd Avenue East between Dodge Street and Peabody Street retaining the full right-of-way, including the crossing of 41st Avenue, as a utility easement.


The purpose of the vacation is to enlarge the adjoining properties.


The city planning commission unanimously approved this easement vacation petition at its regular meeting on February 23, 2005.


This resolution will have no effect on the tax base.

 

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