Title
RESOLUTION VACATING A 16 FOOT WIDE EASEMENT FOR PEDESTRIAN AND VEHICULAR TRAVEL OVER AND ADJACENT TO LOTS 1-4, BLOCK 8, GRAND CENTRAL DIVISION (CITY OF DULUTH).
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, February 9, 2016 regular meeting, recommended approval of the vacation petition; and
(d) The city council of the city of Duluth approves the vacation of the easement described below:
VACATION LEGAL DESCRIPTION:
Vacation of the easements for pedestrian and vehicular travel described in recorded document 285250 as the Easterly sixteen feet of Lots 1-4, Block 8, GRAND CENTRAL DIVISION OF DULUTH, and in recorded document 287544 as all that part of the vacated W 4th St Alley abutting on Lot 4, Block 8, GRAND CENTRAL DIVISION OF DULUTH, lying within sixteen feet of the dividing line between Lots 4 and 5 in said Block 8, extended across said Alley.
(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 and new easement to be dedicated.
Statement of Purpose
STATEMENT OF PURPOSE: This resolution vacates an easement over city property located at 4441 Grand Avenue. All abutting right of way was previously vacated. The city, in conjunction with Community Action Duluth, plans to build a greenhouse on this property.
On February 9, 2016, the Duluth city planning commission held a public hearing on the proposal and voted 6-0 to recommend that city council approve the vacation.
In related actions, the city is simultaneously presenting resolutions to dedicate utility easements in the area and to convey an adjacent portion of vacated W 4th Street to ISD #709.
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
c/o Jenn Moses
411 W 1st Street Room 208
Duluth, MN 55802
PL 16-002