BY COUNCILOR GILBERT:
WHEREAS, a sufficient petition was filed with the city clerk requesting the vacation of a utility easement in those portions of Lots 8 through 20, Boehms Tracts, First Addition, described as the utility easement lying between Lots 8 through 20. Boehms Tracts, First Addition; 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 approved, by a unanimous vote, the vacation petition at its July 12, 2005, meeting;
NOW, THEREFORE, BE IT RESOLVED, that the city council of the city of Duluth approves the vacation of those portions of Lots 8 through 20, Boehms Tracts, First Addition, 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 an unused utility easement lying between Lots 8 to 20 of Boehms Tracts, First Addition, east of Hutchinson Road and south of Piedmont Avenue.
The purpose of the vacation is to allow the property owners full use of their property.
The city planning commission held a public hearing on July 11, 2005, and approved this vacation by a unanimous vote.