BY COUNCILOR GILBERT:
WHEREAS, a sufficient petition was filed with the city clerk requesting the vacation of Victoria Place (aka 28th Avenue East) between East Eighth Street and Elizabeth Street, located on the north side of East Eighth Street between 2727 and 2801 East Eighth Street legally described as Victoria Place adjoining Lots 3 and 4, Block 6, and Lot 1, Block 2, Mount Royal Division of Duluth, lying south of the southerly right-of-way of Elizabeth Street extended (FN 06030); 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 the city planning commission has reported its finding that said Victoria Place is not useless for the purpose for which is was intended and has recommended to the city council that said vacation petition be denied; and
WHEREAS, the city council makes the following findings that said Victoria Place is useless for the purpose for which is was intended;
NOW, THEREFORE, BE IT RESOLVED, that the city council of the city of Duluth approves the vacation of the street easement described above and as more particularly described on Public Document No. __________________.
BE IT FURTHER RESOLVED, 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 approves the vacation of Victoria Place (aka 28th Avenue East) between East Eighth Street and Elizabeth Street, located on the north side of East Eighth Street between 2727 and 2801 East Eighth Street. The purpose of the vacation is to allow expanded development of the adjoining properties.
In approving this resolution, it is presumed that the adjoining property owners will grant appropriate easements for ingress and egress to properties fronting upon the right-of-way being vacated as well as access easements to the public utilities located along the rear of the properties fronting on East Eighth Street.
The city planning commission voted 8-0-1 to deny this vacation petition at its regular meeting on April 26, 2006.
This resolution should have no effect on the tax base.
Date Application Received: March 9, 2006
Action Deadline: August 6, 2006