Title
RESOLUTION VACATING UNDEVELOPED PORTIONS OF CUL DE SAC ON MATTERHORN CIRCLE.
Body
CITY PROPOSAL:
RESOLVED, that:
(a) The city council finds a sufficient petition was filed with the city requesting the vacation described in (d) below; and
(b) Pursuant to Section 100 of the City Charter and Section 50-37.6 of Chapter 50 of the Duluth City Code, 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 a public hearing and the city planning commission found that this portion of the street easement is not needed for public street purposes; and
(c) The city planning commission, at its Tuesday, June 13, 2017 regular meeting, recommended approval of the vacation petition; and
(d) The city council of the city of Duluth approves the vacation of the platted easement as described below:
RIGHT OF WAY TO BE VACATED:
STREET VACATION AREA ABUTTING LOT 5 (AREA "A")
ALL THAT PART OF MATTERHORN CIRCLE ABUTTING LOT 5, BLOCK 1, VILLAGE MALL FIRST ADDITION, LEGALLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT MARKED WITH A CAPPED REBAR; THENCE NORTHEASTERLY 40.32 FT. ALONG AN ARC OF RADIUS 60.00 FT. AND
DELTA ANGLE 38 DEG. 29 MIN. 58 SEC.; THENCE S 00 DEG. 20 MIN. 47 SEC E, 26.00 FT.; THENCE S 89 DEG. 39 MIN. 13 SEC. W, 29.97 FT. TO POINT OF BEGINNING. SAID AREA CONTAINS 479 SQ. FT. +/-
STREET VACATION AREA ABUTTING LOT 6 (AREA "B")
ALL THAT PART OF MATTERHORN CIRCLE ABUTTING LOT 6, BLOCK 1, VILLAGE MALL FIRST ADDITION, LEGALLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT MARKED WITH A CAPPED REBAR; THENCE SOUTHERLY 103.13 FT. ALONG AN ARC OF RADIUS 60.00 FT. AND
DELTA ANGLE 98 DEG. 28 MIN. 48 SEC.; THENCE N 00 DEG. 20 MIN. 47 SEC W, 85.64 FT.; THENCE S 89 DEG. 39 MIN. 13 SEC. W, 29.97 FT. TO POINT OF BEGINNING. SAID AREA CONTAINS 2,697 SQ. FT. +/-
STREET VACATION AREA ABUTTING LOT 7 (AREA "C")
ALL THAT PART OF MATTERHORN CIRCLE ABUTTING LOT 7, BLOCK 1, VILLAGE MALL FIRST ADDITION, LEGALLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT MARKED WITH A CAPPED REBAR; THENCE SOUTHERLY 76.27 FT. ALONG AN ARC OF RADIUS 60.00 FT. AND DELTA ANGLE 72 DEG. 50 MIN. 02 SEC.; THENCE N 00 DEG. 20 MIN. 47 SEC W, 70.85 FT.; THENCE N 89 DEG. 39 MIN. 13 SEC. E, 7.96 FT. TO POINT OF BEGINNING. SAID AREA CONTAINS 850 SQ. FT. +/-
STREET VACATION AREA ABUTTING LOT 11 (AREA "D")
ALL THAT PART OF MATTERHORN CIRCLE ABUTTING LOT 11, BLOCK 1, VILLAGE MALL FIRST ADDITION, LEGALLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT MARKED
WITH A CAPPED REBAR; THENCE NORTHWESTERLY 13.44 FT. ALONG AN ARC OF RADIUS 60.00 FT. AND THENCE N 89 DEG. 39 MIN. 13 SEC. E,
(e) That the city clerk is, pursuant to Section 100 (b)(7) of the Home Rule Charter of the city of Duluth, 1912, as amended, authorized to record, with the register of deeds and/or the registrar of titles of Saint Louis County, Minnesota, a certified copy of this resolution showing the platted easement to be vacated.
Statement of Purpose
STATEMENT OF PURPOSE: This resolution vacates portions of an existing cul de sac along Matterhorn Circle in the Duluth Heights neighborhood. While part of the roadway was previously developed, the portions proposed for vacation have not been developed.
On June 13, 2017, the Duluth city planning commission held a public hearing on the proposal and voted 8 yeas, 0 nays, and 0 abstentions to recommend the city council approve the vacation.
The motion to approve the vacation by the city council must prevail with at least six affirmative votes.
Petition Received:
Action Deadline:
Petitioner:
Capstone Apartments LLC
Scott Conro Vesterstein
c/o 600 East Superior Street
Duluth, MN 55802
PL 17-084