DISCLAIMER

 

07-0699R


RESOLUTION APPROVING THE VACATION OF A TEN FOOT PUBLIC UTILITY EASEMENT LOCATED AT 7607 GRAND AVENUE (FILIATRAULT).

BY COUNCILOR STAUBER:

     The city council finds as follows:

     (a)  A sufficient petition was filed with the city clerk requesting the vacation of a ten foot public utility easement across the easterly five feet of Lot 4, Block 31, and the westerly five feet of Lot 5, Block 31, Norton’s Fairmount Park Division, located at 7607 Grand Avenue (FN 07118); 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 October 16, 2007, regular meeting, recommended [unanimously] vacation of the utility easement 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: the area is fully developed and all utilities for the area are served elsewhere already.

     NOW, THEREFORE, BE IT RESOLVED, that:

     (a)  The city council of the city of Duluth approves the vacation of the public utility easement on Lots 4 and 5, Block 31, Norton’s Fairmont Park Division, in West Duluth, legally described as:

           the easterly five feet of Lot 4, Block 31, and the westerly five feet of Lot 5, Block 31, Norton’s Fairmount Park Division, Duluth;

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


STATEMENT OF PURPOSE:   This resolution approves the vacation of a ten foot wide public utility easement on the easterly five feet of Lot 4, Block 31, and the westerly five feet of Lot 5, Block 31, Norton’s Fairmount Park Division, at 7607 Grand Avenue, so that the applicants can build an addition to the existing dwelling on the site.


On October 16, 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 [unanimously]. (FN 07118)


This resolution should have no effect on the tax base.


Date filed: September 5, 2007

Action deadline: N/A