Title
RESOLUTION VACATING AN APPROXIMATELY 320 FOOT UTILITY EASEMENT AT 618 HOVLAND LANE.
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 useless for all purposes; and
(c) The city planning commission, at its Tuesday, September 12, 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 sewer easement, described below, and as shown in Attachment 1:
A ten-foot-wide utility easement across Tract I of Registered Land Survey No. 59, being 5 feet left and 5 feet right of the following legally described centerline:
Commencing at the Southwest corner of said Tract I; Thence S 67 deg. 50 min. 00 sec E., 55.00 feet along the South line of Tract I to the centerline of utility easement described and the Point of Beginning of utility easement vacation description; Thence N 22 deg. 10 min. 00 sec. E, 205.97 feet; Thence N 00 deg. 14 min. 40 sec. E, 113.05 feet to the North line of Tract I and there determining.
The sidelines of said easement shall be prolonged or shortened to the South and North line of said Tract I.
(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 easement to be vacated.
Statement of Purpose
STATEMENT OF PURPOSE: This resolution vacates, at 618 Hovland Lane, a 10 feet portion of an approximate 320 feet long platted utility easement that runs from north to southwest throughout the parcel.
This utility easement was initially dedicated to the public for utility purposes as part of the 1975 Lakeview Division First Addition Tracts of Duluth. A utility was never installed. There is no public infrastructure in this location.
This platted easement is not and will not be needed for the safe and efficient circulation of automobiles, trucks, bicycles or pedestrians or the efficient supply of utilities or public services in the city; the right of way is not and will not be needed to provide pedestrian or recreational access to the water; and the public right of way is not otherwise needed to promote the public health, safety or welfare of the citizens of Duluth.
On September 12, 2017, the Duluth city planning commission held a public hearing on the proposal as shown in Attachment 2 and voted 6 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: N/A
Action Deadline: N/A
Petitioner:
City of Duluth, and
Peder Morse
1516 Woodcrest Drive
Duluth, MN 55804
PL 17-126