BY COUNCILOR GILBERT:
A sufficient petition was filed with the city clerk requesting the vacation of a utility easement legally described as easement common to the rear 8 feet of lots 9, 10, 11, 12 & 13, block 1, Clearview Park Addition (FN 06068); 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 easement is useless for the purpose for which is was intended, based on the following findings;
(a) There are no utilities in the easement;
(b) There are no plans for future utilities to be located within the easement;
(c) Adequate utility corridors are available in the adjacent public street rights-of-way;
and the commission did approve, unanimously, the easement vacation petition at its June 28, 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. _______; and that the city clerk is hereby directed to record, with the registrar 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 16 foot wide unused utility easement. The purpose of the vacation is to unify property and clear the title for redevelopment.
This resolution should have no effect on the tax base. The city planning commission unanimously approved this easement vacation petition at its regular meeting on June 28, 2006.
Date Filed: June 5, 2006
Action Deadline: NA