Title
RESOLUTION VACATING 0.40 FEET OF THE GARFIELD AVENUE RIGHT OF WAY TO ACCOMMODATE AN EXISTING BUILDING AT 728 GARFIELD AVENUE.
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, 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 easement described below and shown in Attachment 1:
LEGAL DESCRIPTION OF VACATION
All that part of Third Street, also known as Garfield Avenue, lying adjacent to Block 39, RICE'S POINT, according to the recorded plat thereof, St. Louis County, Minnesota described as follows:
Beginning at the Northwesterly corner of Lot 146, said Block 39; thence on an assumed bearing of South 27 degrees 50 minutes 18 seconds East, along the Southwesterly line of said Block 39 for a distance of 68.70 feet to the intersection with a line which is parallel with and distant 6.30 feet Northwesterly of the Southeasterly line of Lot 150, said Block 39; thence South 62 degrees 09 minutes 42 seconds West 0.40 feet to the intersection with a line which is parallel with and distant 0.40 feet Southwesterly of said Southwesterly line of Block 39; thence North 27 degrees 50 minutes 18 seconds West, along said parallel line 68.70 feet to the intersection with the Southwesterly extension of the Northwesterly line of said Lot 146; thence North 62 degrees 09 minutes 42 seconds East, along said Southwesterly extension of the Northwesterly line of Lot 146 to the Northwest corner of said Lot 146, said point being the Point of Beginning. Said parcel contains 27.5 square feet.
(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 0.40 feet of the right of way of Garfield Avenue, to accommodate an existing building built in 1947.
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.
Petitioner:
K6 LLC
728 Garfield Avenue
Duluth, MN 55802
paulkaz@islandinvestmentsinc.com <mailto:paulkaz@islandinvestmentsinc.com>
PL 17-127