BY COUNCILOR GILBERT:
The city council finds a sufficient petition was filed with the city clerk requesting the vacation of Alley between 69th and 71st avenues West between Clay and Earl streets, legally described as alley adjoining Blocks 25 & 26, Bay View Addition No. 1 to Duluth (FN 06050); 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 alley easement is useless for the purpose for which it was intended, based on the following findings:
(a) Utilities can be provided to these blocks in the adjoining Clay and Earl Street rights-of-way;
(b) This vacation will enlarge the adjoining lots and enhance building site locations;
(c) This vacation is consistent with the April 2006 actions of the city and county to classify Lots 1-12 of both blocks for sale.
And the commission did approve, unanimously, the alley easement vacation petition at its meeting of June 13, 2006;
NOW, BE IT RESOLVED, that the city council of the city of Duluth approves the vacation of the alley easement described above and as more particularly described on Public Document No. ______________; subject to the retention of a utility easement over that portion of the alley described as and the westerly 120 feet, adjoining Lots 1-3 in both Blocks 25 and 26.
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 alley to be vacated and the easement being retained.
STATEMENT OF PURPOSE: This resolution vacates an unimproved alley between 69th and 71st avenues West between Clay and Earl streets and retains a utility easement over the westerly 120 feet for existing city of Duluth and Western Lake Superior Sanitary Sewer District utilities.
The planning commission found the easement to be useless because utilities can be provided to these blocks in the adjoining Clay and Earl Street rights-of-way.
The purpose of the vacation is to unify properties for future residential development.
The city planning commission unanimously approved this easement vacation petition at its regular meeting on June 13, 2006.
This resolution should have no effect on the tax base.
Date filed: May 8, 2006
Action deadline: NA