BY COUNCILOR GILBERT:
WHEREAS, a sufficient petition was filed with the city clerk requesting the vacation of the utility easements in Lot 3, Block 4 of Airport Division; 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 determined that said utility easements are useless for the purposes for which they were intended because all existing utilities have either been removed or will be relocated to a nearby easement after receiving the consent of the city engineer; and
WHEREAS, the city planning commission unanimously approved the vacation of said utility easements at its regular meeting of August 9, 2005 (reference PC File No. 05081).
NOW, THEREFORE, BE IT RESOLVED, that the city council of the city of Duluth finds there is no need or necessity to retain the petitioned utility easement and approves the vacation more particularly described as Public Document No. ____________ with the following conditions:
(a) That the electric service provided by the utility pole in the westerly utility easement be relocated to a location deemed appropriate to the city engineer;
(b) That the sanitary sewer service provided in the easterly utility easement be relocated to a location deemed appropriate by the city engineer.
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 streets and alleys to be vacated as well as the easements to be retained.
STATEMENT OF PURPOSE: This resolution vacates two utility easements to allow Cirrus Design Corporation a large enough site for the construction of an aircraft production building. The utilities that were originally placed in those easements have either been removed or will be relocated into adjacent easements with the review and approval of the city engineer.
This resolution will have little or no effect on the tax base.