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, approved [unanimously], the recommendation to vacate only the southerly 30 feet of the utility easement, and to retain the northerly ten feet of easement for utility purposes, as recommended by planning staff; and
(d) There is a continuing public need for the easement and circumstances described in the file show that it is in the public’s interest to retain the current easement for future utility needs.
NOW, THEREFORE, BE IT RESOLVED, that the city council of the city of Duluth denies the petition to vacate the following portion of utility easement, legally described as:
a utility easement across the rear of Lots 5 and 19, Block 2, Oatka Beach Addition, Duluth.
STATEMENT OF PURPOSE: This resolution denies the vacation of a 20 foot wide utility easement across the rear of Lots 5 and 19, Block 2, Oatka Beach Addition, at 4019 Lake Avenue South on Park Point. (FN 07116)
Date filed: August 28, 2007
Action deadline: N/A