DISCLAIMER

 

07-0753R


RESOLUTION DENYING THE VACATION OF 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

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

     (d)  There is a continuing public need for the utility easements and circumstances described in the file show that it is in the public’s interest to retain the current utility easements for future needs.

     NOW, THEREFORE, BE IT RESOLVED, that the city council of the city of Duluth denies the petition to vacate 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.


STATEMENT OF PURPOSE:  This resolution denies the vacation of two utility easements on Lot 1 and the westerly 20 feet of Lot 2, Auditor’s Plat #26. It is a companion to Resolution 07-0752 which approves the proposed vacation. Staff recommends approval of the companion resolution and denial of this resolution (FN 07130).


Date filed: September 20, 2007

Action deadline: N/A