Title
RESOLUTION VACATING A PLATTED STREET EASEMENT FOR VANDENBERG DRIVE NORTH AND SOUTH OF AIRPORT ROAD, AND A PLATTED ALLEY EASEMENT SOUTH OF AIRPORT ROAD, AND RETENTION OF PUBLIC UTILITY EAESEMENTS.
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, February 9, 2016 regular meeting, recommended approval of the vacation petition; and
(d) The city council of the city of Duluth approves the vacation of the street easement, and the dedication of a pedestrian easement, described below:
VANDENBERG DRIVE NORTH OF AIRPORT ROAD VACATION AND UTILITY EASEMENT RETENTION LEGAL DESCRIPTION:
All that part of the 20.00 foot wide right of way lying between Lots 2 and 3, Block 4, AIRPORT DIVISION, according to the recorded plat thereof, St. Louis County, Minnesota.
Said parcel contains 8,226 square feet or 0.19 acres, more or less.
VANDENBERG DRIVE SOUTH OF AIRPORT ROAD AND ALLEY VACATION AND UTILITY EASEMENT RETENTION LEGAL DESCRIPTION:
All that part of Vandenberg Drive lying between Blocks 2 and 3, AIRPORT DIVISION, according to the recorded plat thereof, St. Louis County, Minnesota.
AND
All that part of the 33 foot wide alley lying southerly and adjacent to Lots 1, 2, and 3, Block 3, AIRPORT DIVISION, according to the recorded plat thereof, St. Louis County, Minnesota.
Said above described parcels contain 34,060 square feet or 0.78 acres, more or less.
Subject to existing easements of record, if any.
(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 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 public utility easement. The platted street and alley were originally dedicated to the City in 1985 in the Airport Division plat. Neither street nor alley have been improved by the City
A new structure is being constructed on city land at 4946 Airport Road, directly to the east of the Vandenberg right of way. Airplanes will be taken from construction facilities to the north of Airport Road and taxied over to the proposed new Completion Center to be finished. Vacating the right of way will help with the flow of the airplanes and will eliminate the potential for private party/vehicle conflicts.
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 February 9, 2016, the Duluth city planning commission held a public hearing on the proposal and voted 6 yeas, 0 nays, and 0 abstentions 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: January 21, 2016
Action Deadline: N/A
Petitioner:
City of Duluth
Business Development
PL 16-006