DISCLAIMER

 

07-0752R


RESOLUTION VACATING TWO UTILITY EASEMENTS ON LOT 1 AND THE WESTERLY 20 FEET OF LOT 2, AUDITORS PLAT #26, IN MORGAN PARK (MILOSEVICH).

BY COUNCILOR STAUBER:

     RESOLVED, that:

     (a)  The city council finds a sufficient petition was filed with the city clerk requesting the vacation of two utility easements in Lot 1 and the westerly 20 feet of Lot 2, Auditors Plat #26, except those parts within 15 feet of Hilton Street; 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 07130); and the city planning commission found that the petitioned portions of the utility easements are useless, based on the finding that the area is fully developed and served by all utilities through Hilton Street and no additional utilities are needed to serve the area; and

     (c)  The planning commission, at its November 14, 2007, regular meeting, did approve, unanimously, vacating the portions of the petitioned utility easements; and

     (d)  That the city council of the city of Duluth approves the vacation of two utility easements in Lot 1 and the westerly 20 feet of Lot 2, Auditors Plat #26, except those parts within 15 feet of Hilton Street, and as more particularly described on Public Document No._______; and

     (e)  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 easements to be vacated.


STATEMENT OF PURPOSE:  This resolution vacates two utility easements on a parcel in Morgan Park where a home and garage already exist. The applicant is seeking a building permit to reconstruct the garage across one of the easements and will not be eligible until the easement is abandoned. The easement contains a sanitary sewer line that is not needed any longer and has been abandoned by the city engineer. The utility easements are not needed because the area is already developed and served by all utilities in Hilton Street.


This resolution should have no effect on the tax base.


There is no action deadline for this resolution.


Date filed: September 20, 2007