DISCLAIMER

 

06-0421R


RESOLUTION VACATING A PORTION OF NORTH 12TH AVENUE WEST ABOVE WEST FIFTH STREET (NELSON).

BY COUNCILOR GILBERT:

     The city council finds as follows:

     (a)  A sufficient petition was filed with the city clerk requesting the vacation of 150 feet of North 12th Avenue West above West Fifth Street, legally described as that portion of 12th Avenue West adjoining Lot 193, Block 66, and Lot 191, Block 65, Duluth Proper Third Division (FN 06039);

     (b)  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;

     (c)  The city planning commission found that portions of said of 120 feet of North 12th Avenue West is useless for the purpose for which is was intended, based on the following findings:

           (1)  This right-of-way has a 35+ foot elevation change (20 percent slope) and contains exposed ledge rock and (likely) shallow overburden, making street construction difficult/costly;

           (2)  There is a need to retain a portion for roadway and utilities;

and the commission did approve, unanimously, the partial street vacation petition at its May 24, 2006, meeting.

     NOW, THEREFORE, BE IT RESOLVED, that the city council of the city of Duluth approves the vacation from the northerly right-of-way of West Fifth Street to a point 120 feet north adjoining Lot 193, Block 66, and Lot 191, Block 65, Duluth Proper Third Division, retaining a 20 feet wide utility easement, ten feet each side of the centerline as a pedestrian and utility easement 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 120 feet of North 12th Avenue West above West Fifth Street, retaining a 20 foot wide pedestrian and utility easement along the centerline. The purpose of the vacation is to enlarge the buildable area of the adjoining lots for future residential development.


The city planning commission unanimously approved this easement vacation petition at its regular meeting on May 24, 2006.


In making this recommendation, the commission made the following findings:

     (a)   The portion of 12th Avenue above this request is improved and is the access to four homes and the petitioner;

     (b)   From Fifth Street to the current terminus of 12th is a 35+ foot elevation change (20 percent slope) and contains exposed ledge rock and (likely) shallow overburden.


This resolution should have no effect on the tax base.


Date filed: April 8, 2006

Action deadline: Not applicable