05-0287R


RESOLUTION VACATING UNCONSTRUCTED ALLEY BETWEEN 81ST AVENUE WEST AND 82ND AVENUE WEST NORTH OF COLEMAN STREET AND SOUTH OF THE ALLEY SOUTH OF THE ABANDONED DULUTH WINNIPEG AND PACIFIC RAILROAD RIGHT-OF-WAY AND VACATING THE UNCONSTRUCTED ALLEY SOUTH OF THE ABANDONED DULUTH WINNIPEG AND PACIFIC RAILROAD RIGHT-OF-WAY BETWEEN 81ST AVENUE WEST AND 82ND AVENUE WEST (GEORGIA M. JOHNSON).

BY COUNCILOR GILBERT:

     WHEREAS, a sufficient petition was filed with the city clerk requesting the vacation of an unconstructed alley between 81st Avenue West and 82nd Avenue West, between Coleman Street and the alley south of the Duluth, Winnipeg and Pacific Railroad right-of-way and the vacation of an unconstructed alley south of the Duluth, Winnipeg and Pacific Railroad right-of-way, between 81st Avenue West and 82nd Avenue West, in Norton’s Fairmount Park Division, Duluth, legally and respectively described as an unconstructed alley adjoining lots 1-30, Block 3, Norton’s Fairmount Park Division, and as a 16 foot wide by 165.63 foot alleyway easement, adjacent to the north side of Lots 1 and 30, Block 3, Norton’s Fairmount Park Division in 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 unanimously approved vacation of both unconstructed alleys (retaining utility easement in the alley in Block 3, Norton’s Fairmount Park Division), at its April 27, 2005, meeting (reference File No. 05030).

     NOW, THEREFORE, BE IT RESOLVED, that the city council of the city of Duluth approves the vacation of the unconstructed alley in Block 3, Norton’s Fairmount Park Division (retaining utility easement within alley) and the unconstructed alley north of and adjacent to Lots 1 and 30, Block 3, Norton’s Fairmount Park Division, 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 street to be vacated.


STATEMENT OF PURPOSE:  This resolution vacates the unconstructed alley (retaining utility easement) within the block between 81st and 82nd avenues West, and the unconstructed alley south of the DW&P Railroad right-of-way, between 81st and 82nd Avenue West, in order that the garage at 527 North 81st Avenue West become compliant with current setback regulations.

 

This petition received a unanimous approval of the Duluth planning commission at its regular meeting on April 27, 2005.

 

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