Resolution 02-0216 was unanimously adopted on May 13, 2002, and said resolution vacated several descriptions of easements which had been previously vacated.

     A sufficient petition was filed with the city clerk requesting the vacation of the following street, alley, pedestrian and utility easements legally described as:

           Worth Street adjoining Lots 6-12, Blocks 19 and 22, Oakland Park Addition;

           Alley adjoining Blocks 14 and 19, Oakland Park Addition;

           Northerly 1/2 of Lyons Street adjoining Lot 27, Block 10, Superior View Addition;

           Alley in Block 12 and Block 19, Superior View Addition, Second Division retaining the full right-of-way as a utility easement;

           Utility easement in the westerly 33 feet of Junction Avenue between Blocks 11 and 12, Superior View Addition, Second Division;

           Utility easement along that portion of vacated Lyons Street, between Blocks 2 & 9, lying west of a line drawn ten feet east of and parallel to the east line of Brainerd Avenue, and lying south of a line drawn ten feet north of and parallel to the south line of Lyons Street in Superior View Addition;

           Jackson Street adjoining Block 6 and Block 7, Clover Hill Division;

           Alley adjoining a portion of Lots 1 and 2, Block 14, and Lots 6-9, Block 15, Motor Line Division;

           Montrose Avenue adjoining Blocks 9 and 10 and the intersection of Gold Street and Montrose Avenue, Motor Line Park Division, retaining the east 33 feet of the requested area and the entire intersection of Gold and Montrose as a utility easement;

           Utility easement on southerly 20 feet of Gold Street and easterly 25 feet of Gold Street lying between Blocks 7 and 10 in Motor Line Park Division;

           Alley adjoining Lots 1, 3, 5, 7, 9, Block 1, Superior View Addition;

           Alley adjoining Lots 1-27 (odd only), Block 10, Superior View Addition.

     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.

     The city planning commission unanimously approved the vacation petition at its March 27, 2002, meeting (FN 01156).

     NOW, THEREFORE, BE IT RESOLVED, that the city council of the city of Duluth approves the vacations described above and as more particularly described on Public Document No. 02-0513-24.

     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 rights-of-way and easements to be vacated and the easements being retained.

     BE IT FURTHER RESOLVED, that the city council approves, and the proper city officials are authorized to accept and record documents, for the following rights-of-way:

           Replacement easement over the easterly 33 feet of Junction Avenue between Blocks 11 and 12, Superior View Addition, Second Division;

           That portion of as built Junction Avenue and Buffalo Street extension through Lots 1-29 (odd numbered lots), Block 11, Superior View Addition, Second Division, and certain parts of University Circle Addition (using 1975 city plat sketch for legal descriptions) quit claim deed to be issued;

           Dedication of 50 foot wide alleyway easement (extension of Carver Avenue) into vacated Nortondale Development Second Division, adjacent to the west side of Blocks 1, 2 and 12, Motor Line Division, with reverter clause;

           A 16 foot strip along the northerly side of Nortondale Development, First Division (the southerly 16 feet of St. Marie Street).

STATEMENT OF PURPOSE:  This resolution rescinds Resolution 02-0216, adopted on May 13, 2002, which vacated multiple road, utility and pedestrian easements located in and adjoining the University of Minnesota-Duluth campus.

The actions of Resolution 02-0216 did vacate seven descriptions which had been previously vacated and where inappropriate for inclusion in the resolution. This action also corrects errors in Resolution 02-0216 which included some errors in the legal descriptions which were not identified prior to the council action of May 2002.

The purpose of the university’s request was to vacate such roads, utility and pedestrian easements that no longer serve a useful purpose and that campus development has made impractical to maintain and to clear title to university properties.

This resolution accurately reflects the ten uncontested items of a list of 35 items originally requested. The balance of the original petition has been tabled with the consent of the university and is included in ongoing discussions between the university and city staff. The university has granted an indefinite extension of the review period to resolve the outstanding issues.

This resolution also approves the acceptance and authorizes the proper city officials to accept documents from the university for existing improved roadways on university property and those documents have been accepted by the city.

The city planning commission unanimously approved the original resolution at its regular meeting on March 27, 2002.

Date filed: November 7, 2001

Date certified: November 29, 2001

Extended action deadline: May 30, 2002