BY COUNCILOR STAUBER:
A sufficient petition was filed with the city clerk requesting the vacation of the alley located on the west side of 50th Avenue West, 100 feet south of Wadena Street, legally described as; Alley adjoining Lots 1, 2, 3, 4, 4-1/2 and 5, Block 186, West Duluth Seventh Division; 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 approved unanimously the vacation petition at its October 25, 2006, meeting;
NOW, THEREFORE, BE IT RESOLVED, that the city council of the city of Duluth approves the vacation of the alley described above and as more particularly described on Public Document No. ____________.
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 to be vacated.
STATEMENT OF PURPOSE: This resolution vacates a paper alley on the west side of 5th Avenue West, 100 feet south of Wadena Street. The purpose of the vacation is to facilitate the construction of three new homes on properties adjoining the vacated alley.
The city planning commission unanimously approved this alley vacation at its regular meeting on October 25, 2006. In making this recommendation the commission considered the following:
Can it be shown that there will be no future need for this right-of-way? Yes. This is a totally unimproved alley easement. No passage has existed for over two decades and no utility needs have been identified. The two Ramsey Village plans show no need or plan for this alley easement.
Date Filed: September 27, 2006