Title
RESOLUTION VACATING A PORTION OF A UTILITY EASEMENT SOUTHEAST OF GRAND AVENUE BETWEEN 75TH AVENUE WEST AND 78TH AVENUE WEST.
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 (PL 16-017) 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 utility easement is useless for all purposes; and
(c) The city planning commission, at its Tuesday, April 12, 2016 regular meeting, recommended approval of the vacation petition; and
(d) The city council of the city of Duluth approves the vacation of the portion of the utility easement, described below and shown on the attached exhibit:
VACATION DESCRIPTION
All that part of the vacated alley located adjacent to and southeasterly of Block 36 and Block 37, Norton's Fairmount Park Division of Duluth and vacated 76th Avenue West lying between said Blocks 36 and 37, St. Louis County, MN, bounded as follows:
On the northwest: by a line running from the southernmost corner of said Block 37 to the easternmost corner of said Block 36 ("Line A").
On the southwest: by the southeasterly extension of the southwesterly line of Lot 1, said Block 37.
On the southeast: by a line running parallel to and one foot southeasterly of Line A.
On the northeast: by the southeasterly extension of the northeasterly line of Lot 8, said Block 36.
(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 portion of the easement to be vacated.
Statement of Purpose
STATEMENT OF PURPOSE: The resolution vacates an approximately one foot wide portion of the utility easement between 75th and 78th Avenue West southeast of Grand Avenue. Benedictine Care Center is proposing this vacation of one foot to resolve an encroachment issue into the utility right of way. This is to alleviate any tax and financing issues.
This vacation, if approved, will not deprive any access to the remaining utility easement as there will still be 15 feet of utility easement for use by the city.
On April 12, 2015, the Duluth city planning commission held a public hearing on the proposal, and made the recommendation to the city council to approve the petitioned vacation.
The motion to approve the vacation by the city council must prevail with at least six affirmative votes.
Petition Received: March 1, 2016
Action Deadline: June 28, 2016
Petitioners:
Benedictine Care Centers
Donna Loomis
7700 Grand Avenue
Duluth, MN 55807
Melissa Maloney
Fryberger, Buchanan, Smith and Frederick, P.A.
302 West Superior St.
Suite 700
Duluth, MN 55802
City of Duluth
Keith Hamre, Director of Planning Construction Services
411 West First Street, Room 208
Duluth, MN 55802
PL 16-017