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RESOLUTION VACATING PARTS OF PLATTED SELLWOOD AVENUE IN THE PLAT OF IRONTON FIRST AVENUE, ALSO KNOWN AS 84TH AVENUE WEST, COMMONWEALTH AVENUE ALSO KNOWN AS 85TH AVENUE AND BESSEMER STREET, AND RETAINING A UTILITY EASEMENT AND PUBLIC RECREATIONAL WALKWAY AND UTILITY EASEMENT OVER A PORTION OF THE VACATION AREA OF 85TH AVENUE WEST, AND ALLEY BETWEEN 84TH AND 85TH AVENUE WEST.
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CITY PROPOSAL:
WHEREAS:
(a) The city council finds a sufficient petition was filed with the city requesting the vacation depicted on the attached Exhibit A and legally described on the attached Exhibit B; 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 19-070) and such commission gave due notice of public hearing and did consider same in a public hearing and the city planning commission found that all of the platted street easements are not needed for vehicular purposes, but that portions of the platted easements should be retained as public recreational walkway and trail easements and utility easements; and
(c) The city planning commission, at its Tuesday, August 13, 2019 regular meeting, recommended approval of the street vacation while retaining the easement areas depicted on Exhibit A and legally described on Exhibit B for utility purposes and public recreational walkway and trail purposes.
NOW, THEREFORE, BE IT RESOLVED:
(a) Subject to Paragraph (b) below, the city council of the city of Duluth approves the vacation of the platted streets, as depicted on Exhibit A and legally described on Exhibit B, subject to the retention of easements for utility purposes and an easement for a public recreational walkway and trail purposes, which retained easements are depicted on Exhibit A and legally described on Exhibit B.
(b) Pursuant to Section 100 (b)(7) of the Home Rule Charter of the city of Duluth, 1912, as amended, the city clerk is 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 easements to be vacated and the public recreational walkway and trail easement and utility easements to be retained.
Statement of Purpose
STATEMENT OF PURPOSE: This resolution vacates portions of the platted right-of-way of 84th Avenue West, 85th Avenue West, Bessemer Street and Alley’s while retaining a public recreational walkway and utility easements over a portion of the vacated area of 85th Avenue West. Additionally a 16’ x 25’ foot wide utility easement will be retained over the Platted Alley between 84th Avenue West and 85th Avenue West.
The need for the vacation of right of way is due to trespass in the Bessemer neighborhood during the winter months with Spirit Mountain patrons parking on Bessemer Street and entering through the vacated right of ways’ to access the mountain ski area. Additionally, there is concern that the access points will impact the newly established nordic center trails. The nordic center receives daily grooming and any footprints over the ski deck would compromise the high quality ski experience the nordic center provides. The right-of-way will not be needed by the City for the safe and efficient circulation of automobiles or trucks.
On August 13, 2019, the Duluth city planning commission held a public hearing on the proposal as shown in the staff report (Exhibit C) and voted 7 yeas, 0 nays, and 0 abstentions to recommend the city council approve the vacation with conditions.
The motion to approve the vacation by the city council must prevail with at least six affirmative votes.
PL 19-070