DISCLAIMER

 

07-0152R


RESOLUTION VACATING A PUBLIC UTILITY EASEMENT WITHIN PART OF HELM STREET EAST OF 32ND AVENUE WEST (CMA MANAGEMENT, LLC).

BY COUNCILOR STAUBER:

     RESOLVED, that a sufficient petition was filed with the city clerk requesting a public utility easement vacation within Helm Street east of 32nd Avenue West and legally described as part of vacated Helm Street, Marine Division of Duluth, lying between the easterly line of 32nd Avenue West and a line drawn from the northeast corner of Lot 27, Block 3, Marine Division of Duluth, to the southeast corner of Lot 12, Block 4, Marine Division of Duluth; 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 unanimously approved the vacation of a portion of a public utility easement vacation within Helm Street, east of 32nd Avenue West, as requested by CMA Management, LLC, at its meeting on February 13, 2007, (FN 07010) legally described as follows:

           the portion of the public utility easement which lies between the easterly line of 32nd Avenue West and a line drawn from the northeast corner of Lot 21, Block 3, Marine Division of Duluth, to the southeast corner of Lot 5, Block 4, Marine Division of Duluth.

     NOW, THEREFORE, BE IT RESOLVED, that the city council of the city of Duluth approves the vacation of a public utility easement within the portion of Helm Street as 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 the plat showing the portion of public utility easement to be vacated and granted per Exhibit A.


STATEMENT OF PURPOSE:  The purpose of this resolution is to authorize the vacation of a portion of a public utility easement within Helm Street, east of 32nd Avenue West, requested by Charles McQuinn of CMA Management, LLC. The portion of Helm Street recommended for approval is indicated on the site plan (Exhibit A). On February 13, 2007, the Duluth planning commission held a public hearing on the matter and voted that the city council approve the recommendation of the Duluth planning department staff, to vacate the western portion of the request, which lies between the easterly line of 32nd Avenue West and a line drawn from the northeast corner of Lot 21, Block 3, Marine Division of Duluth, to the southeast corner of Lot 5, Block 4, Marine Division of Duluth. The owner is dedicating property to east on the north and south sides of Helm Street to the city for future drainage and utility purposes, and proposes to construct a warehouse at 32nd Avenue West and Helm Street. (Unanimous vote)