Title
RESOLUTION VACATING A PORTION OF PLATTED STREET RIGHT-OF-WAY OF WEST NINTH STREET, AT THE NORTHEAST CORNER OF THE INTERSECTION SEVENTH AVENUE WEST AND WEST NINTH STREET (LEE AND KYLE ERICKSON).
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, October 13, 2015, regular meeting, recommended approval of the vacation petition; and
(d) The city council of the city of Duluth approves the partial vacation of the platted road easement, described below:
VACATION DESCRIPTION
All that part of the platted right-of-way of Ninth Street lying southeasterly of Lots 14, 15, and 16, Block 35, Duluth Heights First Division, according to the recorded plat thereof, St. Louis County, MN and northeasterly of the platted northeast line Seventh Avenue West extended, and northwesterly of the platted northwest line of West Ninth Street extended. Subject to easements, reservations and restrictions of record; and
(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: The resolution partially vacates a portion of the platted street right of way for improved West Ninth Street. If the partial vacation is approved, West Ninth Street would still have a right-of-way width of 66 feet, which is an appropriate width of right-of-way for a local road, and is in conformance with the other platted right of way of West Ninth Street.
On October 13, 2015, the Duluth city planning commission held a public hearing on the proposal and voted 8 yeas, 0 nays, 0 abstentions with 1 member absent, 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: August 28, 2015
Action deadline: January 12, 2016
Petitioners:
Lee and Kyle Erickson
625 West Ninth Street
Duluth, MN 55806
PL 15-142