Title
RESOLUTION VACATING A PORTION OF THE PLATTED RIGHT OF WAY OF EAST SUPERIOR STREET, NORTH SECOND AVENUE EAST, AND THE FIRST STREET ALLEY, ADJACENT TO THE NORSHOR THEATER AT TWO NORTH SECOND AVENUE EAST (DULUTH ECONOMIC DEVELOPMENT AUTHORITY).
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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 platted street easement is useless for all purposes; and
(c) The city planning commission, at a Monday, April 25, 2016, special meeting, recommended approval of the vacation petition; and
(d) The city council of the city of Duluth approves the vacation of the platted right of way, described below:
VACATION LEGAL DESCRIPTION:
1. That part of the dedicated North Second Avenue East embraced within Tract B, Registered Land Survey No. 132, described as follows:
Commencing at the west corner of Lot 33, East Superior Street, DULUTH PROPER FIRST DIVISION; thence southeasterly along the southwesterly line of said Lot 33 a distance of 10.05 feet to the point of beginning; thence deflecting to the right 90 degrees 0.7 feet; thence deflecting to the left 90 degrees 1.0 feet; thence deflecting to the right 90 degrees 4.0 feet; thence deflecting to the right 90 degrees 0.8 feet; thence deflecting to the left 90 degrees 4.4 feet; thence deflecting to the left 90 degrees 4.5 feet; thence deflecting to the left 90 degrees 1.0 feet; thence deflecting to the right 90 degrees 9.3 feet; thence deflecting to the right 90 degrees 1.0 feet; thence deflecting to the left 90 degrees 18.7 feet; thence deflecting to the left 90 degrees 1.0 feet; thence deflecting to the right 90 degrees 9.2 feet; thence deflecting to the right 90 degrees 1.1 feet; thence deflecting to the left 90 degrees 4.7 feet; thence deflecting to the left 90 degrees 4.7 feet; thence deflecting to the left 90 degrees 1.0 feet; thence deflecting to the right 90 degrees 3.9 feet; thence deflecting to the right 90 degrees 1.1 feet; thence deflecting to the left 90 degrees 0.6 feet to the southwesterly line of said Lot 33; thence deflecting to the left 90 degrees 46.7 feet to the point of beginning, (as depicted on attachment 1).
2. That part of dedicated East Superior Street embraced within Tract A and Tract B, Registered Land Survey Number 132 described as follows:
Beginning at the intersection of the northwesterly line of East Superior Street with the northeasterly line of Tract B, Registered Land Survey Number 132; thence southeasterly 1.10 feet on said northeasterly of Tract B; thence southwesterly 175.57 feet parallel with the northwesterly line of East Superior Street to its intersection with the northeasterly line of North 2ND Avenue East; thence northwesterly 1.10 feet on said northeasterly line of North 2ND Avenue East to its intersection with the northwesterly line of East Superior Street; thence northeasterly 175.57 feet along said northwesterly line of East Superior Street to the point of beginning, (as depicted on the attached Exhibit B).
3. That part of the dedicated East First Street Alley embraced within Tract B, Registered Land Survey Number 132 described as follows:
Commencing at the intersection of the northeasterly line of said Tract B and the southeasterly of said Alley; thence southwesterly along the southeasterly line of said Alley 46.25 feet to the point of beginning; thence continuing southwesterly along said southeasterly line of the Alley 129.00 feet to the its intersection with the northeasterly line of North 2ND Avenue East; thence northwesterly 0.42 feet on said northeasterly line of North 2ND Avenue East; thence northeasterly 129.00 feet along a line parallel with the southeasterly line of said Alley; thence southeasterly 0.42 feet to the point of beginning, (as depicted on the attached Exhibit C).
(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 right of way to be partially vacated.
Statement of Purpose
STATEMENT OF PURPOSE: This resolution approves the partial vacation of a portion of East Superior Street, North Second Avenue East, and the First Street Alley. The partial vacations are proposed by DEDA and the developer of the NorShor Theater to help with the redevelopment.
The North Second Avenue East vacation is limited to the 450 square feet where the unused bus shelter is located. The East Superior Street and First Street Alley vacations are limited to the roughly one foot that the building intrudes into the public right of way.
On Monday, April 25, 2016, the Duluth city planning commission will hold a special meeting public hearing on the proposed vacations and will forward a recommendation to the city council for their regular meeting in the evening of April 25, 2016
The motion to approve the vacation by the city council must prevail with at least six affirmative votes.
Petition Received: N/A
Action Deadline: N/A
Petitioner:
City of Duluth
c/o Heather Rand
411 W 1st Street Room 402
Duluth, MN 55802
PL 16-035