BY COUNCILOR STAUBER:
(a) The city council finds a sufficient petition was filed with the city clerk requesting the vacation of 13th Avenue East between East Seventh Street and East Eighth Street Alley; 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 (FN 07128); and, the city planning commission found that the petitioned street is useless for the purpose of a roadway, based on the finding that the street is not likely to be needed for roadway purposes because of the steep terrain and the existence of better alternatives for north-south vehicle travel in the area; and
(c) The city planning commission also found that the westerly 55 feet of the street petitioned for vacation is needed for pedestrian, utility and drainage purposes as evidenced by the presence of a sidewalk, electric power line, water line and drainageway all located in the westerly 55 feet of the street; and
(d) The planning commission, at its October 16, 2007, regular meeting, did approve, unanimously, vacating the petitioned street while reserving an easement over the westerly 55 feet for pedestrian, utility and drainage purposes; and
(e) That the city council of the city of Duluth approves the vacation of 13th Avenue East between East Seventh Street and East Eighth Street Alley while reserving an easement over the westerly 55 feet of the vacated street for pedestrian, utility, and drainage purposes, and as more particularly described on Public Document No. _________________________; and
(f) That the city clerk is hereby directed to record, with the register of deeds and/or the registrar of titles of Saint Louis County, Minnesota, a certified copy of this resolution together with a plat showing the portion of the street to be vacated and the easement retained.
STATEMENT OF PURPOSE: This resolution vacates 13th Avenue East between East Seventh Street and the alley above it while reserving an easement over the westerly 55 feet of the right-of-way for pedestrian, utility and drainage purposes in order to retain an existing public sidewalk, water line, electric power line and drainageway. It is unlikely that this section of street would ever be constructed as the terrain is steep and there are better alternatives for north-south vehicular travel. The applicant is requesting the vacation in order to increase yard space and to possibly construct a garage.
This resolution should have no effect on the tax base.