05-0260R


RESOLUTION VACATING UTILITY EASEMENT IN VACATED ALLEY ADJOINING AND BETWEEN 349 AND 351 CANAL PARK DRIVE (A&L DEVELOPMENT).

BY COUNCILOR GILBERT:

     WHEREAS, a sufficient petition was filed with the city clerk requesting the vacation of a utility easement within vacated alley adjoining and between 349 Canal Park Drive and 351 Canal Park Drive, legally described as the vacated alley adjoining Lots 18 and 19, Rearrangement of Block 7 and 8 of the Industrial Division (FN 05023); 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 easement is useless for the purpose for which is was intended, based on the following findings;

     (a)  On September 30, 1930, the city council vacated the subject alley “retaining the full right of way for all public utility needs”;

     (b)  In 1930-31 a structure connecting 349 and 351 was erected that occupied the entire area vacated above;

     (c)  No current or future utility needs have been identified;

and the commission did approve, unanimously, the easement vacation petition at its April 12, 2005, meeting.

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

     BE IT FURTHER RESOLVED, 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 easement to be vacated.


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


This resolution vacates an unused utility easement that was retained in a vacated alley.


The purpose of the vacation is to permit construction of a two-story connection between existing buildings. This includes a partial demolition of the existing connection between buildings. The addition will include lower level space for a plaza or patio and retail café and expand second floor uses from the adjoining buildings.


The city planning commission unanimously approved this easement vacation petition at its regular meeting on April 12, 2005.

 

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