DISCLAIMER

PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE


08-0399R

 

RESOLUTION VACATING ALLEYWAYS WITHIN A CITY BLOCK BOUNDED BY ARROWHEAD ROAD, HUMES AVENUE, CLEVELAND STREET AND KENWOOD AVENUE.

CITY PROPOSAL:

     RESOLVED, that:

     (a)  The city council finds a sufficient petition was filed with the city clerk requesting the vacation of alleyways and retaining a sixteen foot easement within the vacated alleyways within a city block bounded by Arrowhead Road, Humes Avenue, Cleveland Street and Kenwood Avenue adjacent to Lots 1 through 18, Block 2, the south six feet of Lot 5, Lots 6 through 10, Block 1, and Lot 1, Block 11, Myers and Whipples Addition to Duluth; 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 the city planning commission found that the petitioned alleyways are useless, based on the findings that these alleyways are unimproved, do not provide access to property and there are no plans to improve these alleyways; and

     (c)  The planning commission, at its June 10, 2008, regular meeting, did approve vacating the alleyways petitioned for vacation retaining the vacated portion as an easement for utilities within the vacated alleyways; and

     (d)  That the city council of the city of Duluth approves the vacation of the following, and as more particularly described on Public Document No. _____________: Those alleyways within a city block bounded by Arrowhead Road, Humes Avenue, Cleveland Street and Kenwood Avenue, retaining the vacated portion as a utility easement adjacent to Lots 1 through 18, Block 2, the south six feet of Lot 5, Lots 6 through 10, Block 1, and Lot 1, Block 11, Myers and Whipples Addition to Duluth; 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 alleyways to be vacated and a 16 foot easement for utilities within the vacated alleyways.


PC/PLNG


STATEMENT OF PURPOSE:  This resolution vacates alleyways within a city block bounded by Arrowhead Road, Humes Avenue, Cleveland Street and Kenwood Avenue as the alleyways serve no public use and there are no plans to improve the alleyways. The planning commission recommended retaining a 16 foot utility easement for Minnesota Power and city gas lines. The purpose of the vacation is to allow the applicant to develop property for commercial purposes at the corner of Kenwood Avenue and Arrowhead Road. Following the public hearing on June 10, 2008, the planning commission voted five yes, four no, and one abstention to recommend the alleyway vacation. There is no companion resolution to deny as this action is not subject to deadlines.


Petition received: April 26, 2008

Action deadline: There is no action deadline for this resolution.