The city council finds a sufficient petition was filed with the city clerk requesting the vacation of the section of an alley in Sunnyside Gardens Division adjacent to Lot 7, Block 3, except the easterly 20 feet and the vacation of certain streets in Auditors Plat #24 adjacent to Lots 2-8, legally described as that part of Sunnyside Gardens Division lying adjacent to and eight feet southerly of Lot 7, Block 3, except the easterly 20 feet, according to the recorded plat thereof; and that part of the unnamed street adjoining the north side of Lots 2-8 of Auditors Plat #24; and that part of the unnamed street which lies between Lots 8 and 9 of Auditors Plat #24; 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 street and alley easements are useless for the purpose for which they were intended, based on the following findings:

     (a)  Portions of the proposed street and alley vacation are only dedicated at 1/2 of the width needed to be improved with streets or alleys and, therefore, are not useful to the public because they could never be improved as such;

     (b)  The north-south segment of the street right-of-way that intersects with Trinity Road is platted a full 66 feet wide but is too steep to be improved with a properly designed street;

     (c)  No property owner will lose access to their property as a result of the proposed vacations following the dedication of new rights-of-way in the proposed Coffee Creek Division plat;

and the commission did approve, unanimously, the street and alley easement vacation petition at its meeting.

     NOW, BE IT RESOLVED, that the city council of the city of Duluth approves the vacation of the street and alley easements described above and as more particularly described on Public Document No. _____________; subject to the recording in the Saint Louis County Recorders Office the plat of Coffee Creek Division.

     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 Saint Louis County, Minnesota, a certified copy of this resolution together with a plat showing the portion of the streets and alley to be vacated.

STATEMENT OF PURPOSE: This resolution vacates unbuilt streets and an unbuilt alley in the area to be platted as Coffee Creek Division.

This resolution should have no effect on the tax base.

Date filed: April 18, 2006

Action deadline: NA