DISCLAIMER

 

07-0304R


RESOLUTION APPROVING THE VACATION OF THE SOUTHERLY 33 FEET OF THE WASECA STREET RIGHT-OF-WAY FROM 65TH AVENUE WEST TO THE WESTERN BOUNDARY OF THE ALLEY BETWEEN 65TH AVENUE WEST AND 64TH AVENUE WEST (STROM).

BY COUNCILOR STAUBER:

     The city council finds as follows:

     (a)  A sufficient petition was filed with the city clerk requesting the vacation of the southerly 33 feet of the Waseca Street right-of-way between 65th Avenue West to the western boundary of the alley between 65th Avenue West and 64th Avenue West; and

     (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

     (c)  The planning commission, at its April 10, 2007, regular meeting, recommended [nine to one (Sarvela)] vacation of the portion of street as petitioned; and

     (d)  Because of the following circumstance the easement in question has become useless to the public, for the purpose for which it was intended:

           ______________________________.

     NOW, THEREFORE, BE IT RESOLVED,

     (a)  That the city council of the city of Duluth approves the vacation of the Waseca Street right-of-way that is legally described as:

           The southerly 33 feet of Waseca Street bordered by Block 7, Lot 32, and Block 3, Lots 6-10, Hunter's Grassy Point Addition Second Division, lying between the easterly line of the 65th Avenue West right-of-way and the westerly line of the alley right-of-way lying between 65th Avenue West and 64th Avenue West;

     (b)  That a copy of this resolution shall be filed with the recorder of deeds.


STATEMENT OF PURPOSE:   This resolution approves the vacation of the southerly 33 feet of Waseca Street bordered by Block 7, Lot 32, and Block 3, Lots 6-10, Hunter's Grassy Point Addition Second Division, lying between the easterly line of the 65th Avenue West right-of-way and the westerly line of the alley right-of-way lying between 65th Avenue West and 64th Avenue West.


On April 10, 2007, the Duluth planning commission held a public hearing on the matter, and voted to recommend that the city council approve the vacation as requested [9/1(Sarvela)].


Staff recommended to vacate only the southerly five feet of the Waseca Street right-of-way because of an anticipated need for a public use of the right-of-way for the easterly expansion of the Munger Trail. The portion of Waseca Street recommended by the planning commission for approval is indicated on the site plan (Exhibit A).


This resolution should have no effect on the tax base.


Date filed: February 12, 2007

Action deadline: N/A