BY COUNCILOR GILBERT:
WHEREAS, a sufficient petition was filed with the city clerk requesting the vacation of a ten foot wide utility easement common to Lots 1 and 2, Block 1, Central Baptist Division, located at 3324 Decker Road, legally described as: easement located in the northerly five feet of Lot 1 and southerly five feet of Lot 2, Block 1, Central Baptist Division of Duluth (FN 05108); 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 it was intended, based on the following finding:
(a) All necessary public utilities are provided throughout the subdivision in other easements;
and the commission did approve, unanimously, the easement vacation petition at its October 26, 2005, meeting.
NOW, THEREFORE, BE IT RESOLVED, that the city council of the city of Duluth finds that the said easement has become useless for the purpose for which it was intended and therefore approves the vacation of the easement described above, 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 easement to be vacated.
STATEMENT OF PURPOSE: This resolution vacates a ten foot wide utility easement on property located at 3324 Decker Road.
This resolution will have no effect on the tax base.