DISCLAIMER

 

PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE


08-0283R


RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO VACATE A PEDESTRIAN EASEMENT FOR SKYWALK AT 309-311 WEST FIRST STREET (THE UNIVERSAL ELECTRIC BUILDING) AND TO TERMINATE THE ACCOMPANYING CITY AGREEMENT NO. 457412.

CITY PROPOSAL:

     The city council finds as follows:

     (a)  A sufficient petition was filed with the city clerk requesting the vacation of a pedestrian easement for a skywalk within the building at 309-311 West First Street, owned by Landsmenn Energy Service Partners, certain public areas for skywalk easement within Lot 53, West First Street, Duluth Proper First Division, Duluth, Minnesota; and

     (b)  The property owner has requested termination of Agreement Number 457412, entitled, “Pedestrian Passageway Agreement Pertaining to the Universal Electric Building,” approved by the Duluth City Council on October 31, 1983, with Edward C. Vittorio, Pam M. Vittorio, Leroy W. Moore, and Peggy N. Moore, as requested by the building’s new owners, Landsmenn Energy Service Partners, LLC; and

     (c)  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

     (d)  The planning commission, at its April 8, 2008, regular meeting, approved unanimously the recommendation to vacate the easement as recommended by planning staff; and

     (e)  There is no continuing public need for the easement and circumstances described in the file show that it is in the public’s interest to vacate the current easement for future skywalk needs.

     NOW, THEREFORE, BE IT RESOLVED, that the proper city officials are hereby authorized to terminate the Agreement Number 457412, approved by the Duluth City Council on October 31, 1983, with Edward C. Vittorio, Pam M. Vittorio, Leroy W. Moore, and Peggy N. Moore, as requested by the building’s new owners, Landsmenn Energy Partners, LLC.

     FURTHER RESOLVED, upon such termination, said officials are authorized to vacate a pedestrian easement for Downtown skywalk expansion, within the building located at 309-311 West First Street, legally described as certain public areas for skywalk easement within Lot 53, West First Street, Duluth Proper First Division, Duluth, Minnesota.


PLANNING COMMISSION/PLANNING DIVISION


STATEMENT OF PURPOSE:  This resolution approves the vacation of a pedestrian easement for skywalk through the Universal Electric Building at 309-311 West First Street, Lot 53, West First Street, Duluth Proper First Addition, Duluth, Minnesota; and terminates the accompanying agreement number 457412.


Date filed: 1/16/2008

Action deadline: N/A