BY COUNCILOR GILBERT:
A sufficient petition was filed with the city clerk requesting the vacation of the public conservation easement legally described as the westerly 35 feet of Lot 1, Block 1, Village Mall First Addition, as same is recorded with the register of deeds and/or the registrar of titles of St. Louis County, Minnesota, and recorded as Document #440519 on September 11, 1981 (FN 06013); and
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 found that said public conservation easement is useless for the purpose for which is was intended, based on the following findings:
(a) The purpose for which the easement was established, across this lot, is no longer appropriate with the C-5, Commercial, zoning on the adjoining property; and
(b) With the imminent changes in the Maple Grove Road right-of-way and roadway improvements, it is a public benefit to allow the changes in access and parking that affect this easement area.
And the commission did approve, unanimously, the conservation easement vacation petition at its March 14, 2006, meeting and in accordance with the agreement, the parks and recreation commission also endorsed this vacation at its May 10, 2006, meeting.
NOW, THEREFORE, BE IT RESOLVED, that the city council of the city of Duluth approves the vacation of the 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 vacates a conservation easement on the westerly 35 feet of Lot 1, Block 1, Village Mall First Addition, located at 2502 Maple Grove Road. The purpose of the vacation is to clear the limitations on the property due to the St. Louis County project plan (part of a joint Mn/DOT/county/city) to widen Maple Grove Road. This action impacts the current entrance to property and a new entrance in this general area. The county plan is to create a new curb cut within the conservation easement and buffer area to provide a common driveway to the two adjoining properties.
The city of Duluth will not need this conservation easement in the future because the reason was to protect the residential property at 2510 Maple Grove Road. The residential building no longer exists and the property has been reclassified to C-5, Planned Commercial.
The city planning commission unanimously approved this easement vacation petition at its regular meeting on March 14, 2006, and in accordance with the agreement, the parks and recreation commission also endorsed this vacation at its May 10, 2006, meeting.
This resolution will have no effect on the tax base.
Date Filed: February 3, 2006
Action Deadline: June 3, 2006