05-0158R


RESOLUTION VACATING CONDEMNATION EASEMENT FOR SLOPES AND FILLS AND PUBLIC ALLEY PURPOSES ON PROPERTY LOCATED AT 1126 WEST FIFTH STREET (GRACE URIE).

BY COUNCILOR GILBERT:

     WHEREAS, a sufficient petition was filed with the city clerk requesting the vacation of easement for slopes and fills and condemnation for public alley purposes legally described as:

     (a)  The west 20 feet of Lot 190, Block 41, Duluth Proper Third Division, order for condemnation for public alley purposes recorded in the office of the register of deeds in Book 625 of Deeds, page 289, of the westerly 20 feet of Lot 190;

     (b)  The west 20 feet of Lot 190, Block 41, Duluth Proper Third Division, easement for slopes and fills on Fifth Alley from Tenth Avenue West to 13th Avenue West, recorded in the office of the register of deeds, in Book 29 of Miscellaneous, page 22; and

     (c)  Lot 192, Block 41, Duluth Proper Third Division, condemnation plat for easement for slopes on Fifth Street from Lake Avenue to 14th Avenue West recorded in the office of the register of deeds in and for the St. Louis County, Minnesota, in Book C of Plats, page 203; 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 easements are useless for the purpose for which they were intended, based on the following finding:

           The city of Duluth will not need these easements in the future as Fifth Street and 12th Avenue West as well as Fifth Street Alley are improved. All utilities are located in the adjacent rights-of-way; and

     WHEREAS, the commission did approve, unanimously, the easement and condemnation vacation petition at its February 23, 2005, meeting (reference Planning Commission File No. 05011).

     NOW, THEREFORE, BE IT RESOLVED, that the city council of the city of Duluth approve the vacation of the easements and condemnation 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 easements and condemnation to be vacated.


STATEMENT OF PURPOSE:  This resolution vacates easements (by condemnations) for slopes and fills (cut and fill) for street and alley construction. These easements were not necessary and were never impacted by construction of the roadways. West Fifth Street and 12th Avenue West as well as Fifth Street Alley are improved. All utilities are presently located in these rights-of-way. These easements have “clouded” the title to the properties.


The purpose of the vacation is to clear title to the property.


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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