Title
RESOLUTION VACATING A 521.09 FOOT LONG AND SIXTY-SIX FOOT WIDE SECTION OF THE PLATTED RIGHT OF WAY OF SUNDBY STREET BETWEEN PAGE STREET AND ROCKFORD STREET.
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, March 12, 2019 regular meeting, recommended approval of the vacation petition; and
(d) The city council finds that the street proposed to be vacated, with the reservation of the reserved utility easement:
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.
(e) The city council of the city of Duluth approves the vacation of the platted easement as described below:
RIGHT OF WAY TO BE VACATED:
All that portion of Sundby Street as dedicated on FIRST DIVISION OF HOME ACRES, according to the recorded plat thereof, St. Louis County, Minnesota, described as follows:
Beginning at the Northeast corner of Block 10, said FIRST DIVISION OF HOME ACRES; thence Southerly, along the West line of said Block 10 for a distance of 521.09 feet; thence Westerly, deflecting 90 degrees 00 minutes 00 seconds to the right 66.00 feet to the East line of Block 11, said FIRST DIVISION OF HOME ACRES, said point being the Southeast corner of Lot 18, said Block 11; thence Northerly, deflecting 90 degrees 00 minutes 00 seconds to the right, along the said East line of Block 11 521.09 feet to the Northeast corner of said Block 11: thence Easterly, deflecting 90 degrees 00 minutes 00 seconds to the right, along the Easterly extension of the North line of said Block 11 for a distance of 66.00 feet to the point of beginning.
(f) 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 a part of the platted Right Of Way of Sundby Street, between Page Street and Rockford Street. The street easement is not needed for the safe and efficient circulation of automobiles, trucks, bicycles or pedestrians.
On March 12, 2019, the Duluth city planning commission held a public hearing on the proposal and voted 9 yeas, 0 nay, 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.
Petition Received: January 31, 2019
Action Deadline: May 21, 2019
Petitioner: City of Duluth
PL 19-008