DISCLAIMER

 

07-0305R


RESOLUTION APPROVING THE VACATION OF THE SOUTHERLY FIVE 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, did approve, nine to one (Sarvela), vacating the petitioned portion of the street; and

     (d)  The file and report documents a basis for vacating a portion of the easement.

     NOW, THEREFORE, BE IT RESOLVED,

     (a)  That the city council of the city of Duluth approves the vacation of the southerly five feet of the public easement for 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 western boundary 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 five 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 western boundary of the alley right-of-way lying between 65th Avenue West and 64th Avenue West. Part of the dwelling and all of the garage at 502 South 65th Avenue West is within the Waseca Street right-of-way and the request is made by the owners, Jack, Paula, and Timothy Strom, to make the property sellable.


On April 10, 2007, the Duluth planning commission held a public hearing on the request and recommend approval to the city council [9/1 (Sarvela) - approved]. The portion of Waseca Street recommended by the planning commission for approval is indicated on the site plan (Exhibit A). Staff recommended to vacate only the southerly five feet of the Waseca Street right-of-way, because the other 61 feet of Waseca Street, at this location, may be needed for the eastward expansion of the Munger Trail.


This resolution should have no effect on the tax base.


Date filed: February 12, 2007

Action deadline: N/A