Title
RESOLUTION VACATING A PORTION OF CALVARY ROAD AND WOODLAND AVENUE RETAINING A UTILITY EASEMENT OVER THE SAME.
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 the Tuesday, August 11th, 2020 regular meeting, recommended approval of the vacation petition; and
(d) The city council finds that the portion of the street proposed to be vacated:
1. is currently utilized for access and parking for the property at located at 1 Calvary Road, so vacating the right of way will not impact or deny access to other property owners.
2. Contains utilities, necessitating a utility easement be retained over the entire portion of the right of way.
3. is not and will not be needed for the safe and efficient circulation of automobiles, trucks, bicycles or pedestrians in the City; and
4. 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, subject to the retention of a utility easement over the entire area to be vacated:
RIGHT OF WAY TO BE VACATED:
That part of Woodland Avenue, as platted and dedicated in REARRANGEMENT OF PART OF COLMAN PARK DIVISION OF DULUTH, according to the recorded plat thereof, St. Louis County, Minnesota and that part of Calvary Road, as platted and dedicated in COLMAN PARK DIVISION OF DULUTH, according to the recorded plat thereof, St. Louis County, Minnesota, described as follows:
Beginning at the most easterly corner of Outlot A, said REARRANGEMENT OF PART OF COLMAN PARK DIVISION OF DULUTH; thence South 31 degrees 38 minutes 54 seconds East, assumed bearing along the southeasterly extension of the northeasterly line of said Outlot A, a distance of 16.93 feet; thence southwesterly 125.16 feet along a non-tangential curve, concave to the southeast, having a radius of 760.87 feet, a central angle of 9 degrees 25 minutes 29 seconds and a chord which bears South 42 degrees 52 minutes 33 seconds West; thence westerly 38.72 feet along a reverse curve, concave to the north, having a radius of 26.00 feet and a central angle of 85 degrees 19 minutes 42 seconds; thence North 56 degrees 30 minutes 30 seconds West, tangent to said last described curve 19.59 feet; thence North 66 degrees 17 minutes 29 seconds West 20.00 feet; thence northwesterly 16.11 feet, along a non-tangential curve, concave to the northeast, having a radius of 171.33 feet, a central angle of 5 degrees 23 minutes 11 seconds and a chord which bears North 49 degrees 00 minutes 43 seconds West; thence North 46 degrees 19 minutes 08 seconds West, tangent to said last described curve 3.14 feet to the intersection with a line bearing South 20 degrees 57 minutes 59 seconds West from the most southerly corner of Lot 18, Block 2, said COLMAN PARK DIVISION OF DULUTH; thence North 20 degrees 57 minutes 59 seconds East 25.16 feet to the most southerly corner of said Lot 18; thence South 59 degrees 39 minutes 02 seconds East, along the southwesterly line of Lot 19, Block 2, said REARRANGEMENT OF PART OF COLMAN PARK DIVISION OF DULUTH a distance of 35.23 feet to the intersection with the southwesterly extension of the southeasterly line of said Outlot A; thence North 58 degrees 21 minutes 06 seconds East, along said last described extended line 141.73 feet to the point of beginning.
(f) That the city of Duluth shall retain a public easement for utility purposes over the area to be vacated.
(g) 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 Calvary Road and Woodland Avenue. The street easement is not needed for the safe and efficient circulation of automobiles, trucks, bicycles or pedestrians. A utility exists over the area to be vacated, therefore, a utility easement will be retained
This item was original heard on August 11, 2020, the Duluth city planning commission held a public hearing on the proposal and voted 8 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: June 3, 2020
Action Deadline: October 1, 2020
Petitioner: Falks Woodland Pharmacy
PL 20-106