Title
RESOLUTION VACATING UNIMPROVED PLATTED RIGHT OF WAY IN CONJUNCTION WITH THE REPLATTING OF THE LAND IN THE CENTRAL OVERLOOK PLAT, AT 800 EAST CENTRAL ENTRANCE.
Body
CITY PROPOSAL:
RESOLVED, that:
(a) The city council finds a sufficient petition was filed with the city requesting the vacations 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 these street easements are not needed for public street purposes; and
(c) The city planning commission, at its Tuesday, November, 9, 2021, regular meeting, recommended approval of the vacation petitions; and
(d) The city council of the city of Duluth approves the vacation of the platted easements as shown in attachments 1, 2, and 3 and as described below:
OSCAR STREET:
Legal description of proposed right of way vacation.
All of Oscar Street as dedicated on the plat of GREAT VIEW ADDITION TO DULUTH, according to the recorded plat thereof, St. Louis County, Minnesota.
AND
All of the Alley lying adjacent to and abutting block 3 as dedicated on the plat of GREAT VIEW ADDITION TO DULUTH, according to the recorded plat thereof, St. Louis County, Minnesota.
Said proposed right of way area to be vacated contains 25,662 square feet or 0.59 acres.
RUDLOPH STREET:
Legal description of proposed right of way vacation.
All of Oscar Street and all that part of Rudolph Street lying East of the East line of Blackman Avenue (Helmer Street per plat) as dedicated on the plat of SWENSON'S DIVISION OF DULUTH, according to the recorded plat thereof, St. Louis County, Minnesota.
AND
All that part of the Alley lying adjacent to and abutting Block 1 lying East of the East line of Blackman Avenue (Helmer Street per plat) as dedicated on the plat of SWENSON'S DIVISION OF DULUTH, according to the recorded plat thereof, St. Louis County, Minnesota.
AND
All that part of the Alley lying adjacent to and abutting Block 2 lying East of the East line of Blackman Avenue (Helmer Street per plat) as dedicated on the plat of SWENSON'S DIVISION OF DULUTH, according to the recorded plat thereof, St. Louis County, Minnesota. Said proposed right of way area to be vacated contains 59,426 square feet or 1.36 acres.
Legal description of proposed building line easement vacation.
All of the building line easement lying within Block 1 as dedicated on the plat of SWENSON'S DIVISION OF DULUTH, according to the recorded plat thereof, St. Louis County, Minnesota.
AND
All of the building line easement lying within Block 2 as dedicated on the plat of SWENSON'S DIVISION OF DULUTH, according to the recorded plat thereof, St. Louis County, Minnesota. Said proposed building line easement area to be vacated contains 23,685 square feet or 0.54 acres.
WILBUR AVENUE:
Legal description of proposed right of way vacation with retained utility easement.
That part of Wilbur Avenue lying adjacent to and abutting Bocks 2 and 3 as as dedicated on the plat of CLEARVIEW PARK, according to the recorded plat thereof, St. Louis County, Minnesota, that lies between the Southerly extension of the East line of Madison Avenue as dedicated on said plat of CLEARVIEW PARK and the East line of Blackman Avenue as dedicated on said plat of CLEAREVIEW PARK. Said proposed right of way to be vacated contains 21,449 square feet or 049 acres.
(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, with the condition that if a new plat for Central Overlook is not recorded on or before November 9, 2023, then this vacation is null and void.
Statement of Purpose
STATEMENT OF PURPOSE: This resolution vacates dedicated rights of way in the area to be replatted as the Central Overlook plat. This site is the former Central High School site, 800 East Central Entrance. The western portion of this site was partially platted in the past, and in the process of having a new plat for the entire former high school campus/site, the formerly dedicated alleys, easements, and rights of way need to be vacated before the new plat can be recorded at St. Louis County. Future development of this site will involve new ISD 709 facilities on the western portion of the campus, and a future housing or commercial development on the eastern portion of the campus.
On November 9, 2021, the Duluth city planning commission held a public hearing on the proposal, as shown in the staff report in Attachment 4, and voted 7 yeas, 0 nays, and 0 abstention to recommend the city council approve the vacations.
The motion to approve the vacation by the city council must prevail with at least six affirmative votes.