DISCLAIMER

 

07-0702R


RESOLUTION APPROVING THE VACATION OF A 20 FOOT WIDE UTILITY EASEMENT AT 4019 LAKE AVENUE SOUTH (JOHNSON).

BY COUNCILOR STAUBER:

     The city council finds as follows:

     (a)  A sufficient petition was filed with the city clerk requesting the vacation of a 20 foot wide utility easement across the rear of Lots 5 and 19 (ten feet per lot), Block 2, Oatka Beach Addition, at 4019 Lake Avenue South on Park Point (FN 07116); 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] to vacate the southerly 30 feet of the utility easement requested to be vacated because:

           While the southerly 30 feet of the easement recommended to be vacated has become useless to the public for the purpose for which it was intended, and no future need for is it foreseen, the northerly ten feet of this utility easement is still needed for utility purposes; and

     (d)  The city council of the city of Duluth finds that the 20 foot wide utility easement across this property has become useless for the purpose for which it was intended; and that it will not be needed in the future for utility purposes.

     NOW, THEREFORE, BE IT RESOLVED, that:

     (a)  The city council of the city of Duluth approves the vacation of a utility easement, as requested, legally described as:

           the utility easement along the rear of Lots 5 and 19, Block 2, Oatka Beach Addition;

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


STATEMENT OF PURPOSE:   This resolution approves the vacation of a twenty foot wide utility easement across the rear of lots 5 and 19 (ten feet width per lot), Block 2, Oatka Beach Addition on Park Point, as requested. This resolution does not preserve the northerly ten foot section of the easement as recommended by the planning commission.


On October 16, 2007, the Duluth planning commission held a public hearing on this matter. Planning staff recommended approval of vacating all but the northerly ten feet of the easement, which would be retained for utility purposes. The planning commission voted to recommend that the city council approve to vacate all but the northerly ten feet of the easement, as recommended by staff [unanimous]. (FN 07116)


Date filed: September 5, 2007

Action deadline: N/A


This resolution should have no effect on the tax base. Companion resolutions are 07-0701R and 07-0703R.