BY COUNCILOR GILBERT:
(a) The city council finds a sufficient petition was filed with the city clerk requesting the vacation of the alley between Lots 1-11 and 20-30, Block 32, Gary First Division;
(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 and the city planning commission found that said portion of the alley is useless for the purpose of a roadway, based on the following finding:
(1) This alley exists only on paper and is not used by other property owners to access garages or rear yards;
(c) The planning commission found that it is necessary to retain a utility easement over the full width and length of the alley proposed for vacation due to the existence of a power line in this alley;
(d) The planning commission, at its November 14, 2006, regular meeting, did approve, unanimously, the alley vacation petition while retaining a utility easement over the full width and length of the alley proposed for vacation;
(e) The city council of the city of Duluth approves the vacation of the alley between Lots 1-11 and 20-30, Block 32, Gary First Division, and as more particularly described on Public Document No. _________________, retaining for the public a utility easement over the entire vacation area;
(f) 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 alley to be vacated and easement areas to be retained.
STATEMENT OF PURPOSE: This resolution vacates the an unbuilt alley between 97th and 98th Avenue West from McGonagle Street north approximately 334 feet. Due to the presence of a Minnesota Power line existing in the alley, this resolution retains a utility easement over the entire area to be vacated.
Date filed: November 16, 2006
Action deadline: NA
This resolution should have no effect on the tax base.