05-0465R


RESOLUTION VACATING WESTERLY 46 FEET OF UTILITY EASEMENT LOCATED WITHIN VACATED 31ST AVENUE WEST, BETWEEN HELM STREET AND WEST MICHIGAN STREET; AND VACATING PLATTED ALLEY LOCATED BETWEEN HURON STREET AND WEST MICHIGAN STREET, BETWEEN 31ST AVENUE WEST AND 32ND AVENUE WEST.

BY COUNCILOR GILBERT:

     WHEREAS, petitions have been filed to:

     (a)  Vacate the westerly 46 feet of the utility easement located within vacated 31st Avenue West, between Blocks 4, 5, 10 and 11, Marine Division, Duluth; and

     (b)  Vacate the alley within Block 11, Marine Division 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 the vacation of both the 46 westerly feet of the utility easement within the vacated 31st Avenue West and the alley within Block 11, Marine Division, at its June 22, 2005, meeting (reference Planning Commission File No. 05058).

     NOW, THEREFORE, BE IT RESOLVED, that the city council of the city of Duluth approves the vacation of the westerly 46 feet of utility easement within vacated 31st Avene West, located between Blocks 4, 5, 10 and 11 and the vacation of the alley within Block 11, Marine Division, 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 will have minimal tax impact.


This resolution vacates the following:

     (1)  Westerly 46 feet of utility easement located within vacated 31st Avenue West, between Helm Street and West Michigan Street; and

     (2)  Platted alley located between Huron Street and West Michigan Street, between 32nd Avenue West and 31st Avenue West. The vacations will allow the petitioner additional land for industrial type commercial development.

 

This petition received a unanimous approval of the Duluth planning commission at its regular meeting on June 22, 2005.


This resolution is being submitted to the council for its July 11, 2005, meeting in order to be considered.

 

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