DISCLAIMER

 

07-0158R


RESOLUTION VACATING THAT PART OF EAST AUSTIN STREET, 13 FEET WIDE BY 110 FEET LONG, ADJACENT TO THE WOODLAND LIQUOR STORE, RETAINING A UTILITY EASEMENT OVER THE EASTERLY 12 FEET (WALT PETERSON).

BY COUNCILOR STAUBER:

     RESOLVED, that:

     (a)  The city council finds a sufficient petition was filed with the city clerk requesting the vacation of a 13 foot by 110 foot portion of East Austin Street adjacent to the Woodland Liquor Store, and retaining a utility easement over the easterly 12 feet (FN 07013);

     (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 the petitioned portion of East Austin Street will be useless as a street, upon relocation of the existing fire hydrant, electric power and natural gas facilities, based on the following findings:

           (1)  That the roadway has, for more than 20 years, been barricaded at the east end of the proposed vacation area, preventing through vehicle movement;

           (2)  That the applicant has made arrangements for the relocation, at the applicant’s cost, of a fire hydrant, natural gas pipe and electric power facilities currently existing in the vacation area;

     (c)  That the remaining street, which will be +53 feet wide, does contain all of the necessary utilities, roadway and sidewalk needed to serve the area and can accommodate the relocated utilities;

     (d)  The planning commission, at its February 13, 2007, regular meeting, did approve, unanimously, vacating the petitioned portion of street, while retaining the proposed utility easement;

     (e)  That the city council of the city of Duluth approves the vacation of that part of East Austin Street south of a line drawn 13 feet parallel to and north of the south line of said street and adjacent to Lots 5, 6 and the easterly 35 feet of Lot 7, all in Block 3, WOODLAND PARK SECOND DIVISION, and as more particularly described on Public Document No.__________________, retaining for the public a utility easement over the easterly 12 feet of the vacation area, all subject to the following actions transpiring before the vacation will be completed:

           (1)  That the applicant relocate, at their cost, the electric power facilities;

           (2)  That the applicant relocate, at their cost, the fire hydrant;

           (3)  That the applicant relocate, at their cost, the natural gas line;

     (f)  That 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 street to be vacated and utility easement to be retained upon written communication from the director of planning and development that the conditions in (e)(1), (e)(2) and (e)(3) above have been met.


STATEMENT OF PURPOSE:  This resolution vacates the a section of East Austin Street 13 feet wide by 110 feet long, retaining a utility easement over the easterly 12 feet. Currently the portion of the street proposed for vacation contains a fire hydrant, natural gas pipe, and electric power line that the applicant has committed to relocating, at the their cost. This resolution also requires that the utilities be relocated before the vacation is recorded at the county. This vacation will result in a 53 foot wide section of street remaining in which the existing utilities, street, and sidewalk can continue to be maintained. The applicant has requested the vacation in order to expand the Woodland Liquor Store.


This resolution should have no effect on the tax base. If the applicant pursues the expansion of their business facilitated by this vacation the tax base will increase.