Title
RESOLUTION VACATING A PORTION OF PLATTED 21ST AVENUE WEST LYING BETWEEN W. MICHIGAN STREET AND LOWER MICHIGAN STREET IN THE LINCOLN PARK NEIGHBORHOOD.
Body
CITY PROPOSAL:
WHEREAS, the city council finds a sufficient petition was filed with the city requesting the vacation legally described on the attached Exhibit A and depicted on the attached Exhibit B;
WHEREAS, 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 the right-of-way easement area is not needed for right-of-way purposes;
WHEREAS, the city planning commission, at a Tuesday, November 10, 2020 regular meeting, recommended approval of the vacation petition; and
WHEREAS, the city council finds that the right-of-way easement proposed to be vacated:
1. is not and will not be needed for the safe and efficient circulation of automobiles, trucks, bicycles or pedestrians or otherwise for the efficient supply of utilities or public services in the City; and
2. is not otherwise needed to promote the public health, safety or welfare of the citizens of Duluth.
NOW, THEREFORE, BE IT RESOLVED, that the city council of the city of Duluth approves the vacation of the right-of-way easement legally described on the attached Exhibit A and depicted on the attached Exhibit B.
FURTHER RESOLVED, that the city clerk is, pursuant to Section 100 (b)(7) of the Home Rule Charter of the city of Duluth, 1959, 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 right-of-way easement to be vacated.
Statement of Purpose
STATEMENT OF PURPOSE: This resolution vacates a portion of 21st Avenue West lying between W. Michigan Street and Lower Michigan Street. The area proposed to be vacated serves as the entrance to an existing building, which was built in 1944, and contains steps and a deck. The area proposed to be vacated was historically used as a railroad loading dock. No city utilities are located within the area proposed to be vacated. As stated in staff report attached as Exhibit C, pedestrians, bicycles, and automobiles currently have efficient circulation within the remainder of the 21st Ave. W. right-of-way, which includes a street with driving lanes and a sidewalk. This circulation and access will not be impeded by the proposed vacation.
There is a small triangular portion of Lower Michigan Street adjacent to the property benefitted by this vacation, and the property owners are willing to grant a street easement to the city at no cost. The street easement will be accepted by a separate council item-Resolution No. 20-0844.
The motion to approve the vacation by the city council must prevail with at least six affirmative votes.
Petition Received: October 8, 2020
Action Deadline: February 5, 2021
Petitioner: Jon Aamodt
PL 20-164