Title
RESOLUTION VACATING A PLATTED STREET EASEMENT FOR FURNACE AVENUE AND BOULEVARD AVENUE NORTH, AND A PLATTED ALLEY EASEMENT EAST OF BOUNDARY AVENUE, IN STEEL PLANT TERMINAL ADDITION, AND RETENTION OF A STREET AND UTILITY EASEMENT FOR TERMINAL AVENUE.
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 useless for all purposes; and
(c) The city planning commission, at its Tuesday, May 9, 2017 regular meeting, recommended approval of the vacation petition; and
(d) The city council of the city of Duluth approves the vacation of the platted street and alley easements, described below:
That part of Boulevard Avenue North, Furnace Avenue and the Alleys as dedicated on STEEL PLANT TERMINAL ADDITION, according the recorded plat thereof, St. Louis County, Minnesota lying easterly of the right of way line of Boundary Avenue, lying southerly of the southerly right of way line of Park Place, lying westerly and southwesterly of the east line of Lot 11, Block 4, said STEEL PLANT TERMINAL ADDITION and its southerly extension and lying northwesterly of the southeasterly right of way line of Boulevard Avenue North.
(e) The city council of the city of Duluth approves the retention of a street and utility easement, described below:
A Street and Utility Easement lying over, under and across that part of Outlot D, STEEL PLANT TERMINAL ADDITON, according to the recorded plat thereof, St. Louis County, Minnesota lying easterly of the southerly extension of the east line of Lot 11, Block 4, said STEEL PLANT TERMINAL ADDITION.
(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 easement to be vacated and new easement to be dedicated.
Statement of Purpose
STATEMENT OF PURPOSE: This resolution vacates an undeveloped platted street and alley easement and maintains a street and utility easement over a portion of Outlot D for Terminal Avenue. The platted street and alley were originally dedicated to the City in 1915 in the Steel Plant Terminal Addition. Neither streets nor alleys in the areas proposed to be vacated have been improved by the city.
The streets and alleys are being vacated for a future replatting and development of the parcels.
This platted right of way is not and will not be needed for the safe and efficient circulation of automobiles, trucks, bicycles or pedestrians or the efficient supply of utilities or public services in the city; the right of way is not and will not be needed to provide pedestrian or recreational access to the water; and the public right of way is not otherwise needed to promote the public health, safety or welfare of the citizens of Duluth.
On May 11, 2017, the Duluth city planning commission held a public hearing on the proposal and voted 5 yeas, 2 nay, 0 abstentions, and 2 commissioner absent to recommend that 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: March 9, 2017
Action Deadline: July 7, 2017
Petitioner:
Lotus Realty Services, Inc.
P.O. Box 235
8299 Essex Road
Chanhassen, MN 55317
PL 17-046