Title
RESOLUTION VACATING THE 66 FOOT WIDE STREET EASEMENT OVER LOTS 1-5, LAKESIDE GARDENS, AND DEDICATING A 20 FOOT PEDESTRIAN EASEMENT THROUGH VACATED NORWOOD STREET (ISD #709).
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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 street easement is useless for all purposes; and
(c) The city planning commission, at its Tuesday, March 8, 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:
VACATION LEGAL DESCRIPTION:
All that part of Lots Five (5), Four (4), Three (3), Two (2) and One (1), Block Five (5), LAKESIDE GARDENS, St. Louis County, Minnesota lying within 33 feet on each side of the following described line:
Commencing at a point on the southerly line of Norwood Street and distant 33 feet easterly of the common line between Lots 5 and 6, Block 5, in said LAKESIDE GARDENS; thence southeasterly along a line parallel with and distant 33 feet easterly from said common line between said Lots 5 and 6, for a distance of 250 feet to a point; thence to the left along a line parallel with and distant 33 feet from the center line of said Block 5, LAKESIDE GARDENS and extending across the rear of said Lots 5, 4, 3 and 2, said Block 5, LAKESIDE GARDENS to the westerly line of 48 -1/2 Avenue East, portions of which are now vacated, and said line there terminating.
PEDESTRIAN EASEMENT LEGAL DESCRIPTION:
A 20 foot wide easement over, under and across those parts of the Lots Eight (8) thru Nine (9), Block One (1) and Lots Three (3) thru Four (4), Block Five (5), LAKESIDE GARDENS, St. Louis County, Minnesota centered on the line described as follows:
Beginning at a point on the centerline of vacated Norwood Street, LAKESIDE GARDENS as vacated November 9, 1964 and the extended southwesterly line of the northeasterly one-half of Lot 8, Block 1, said LAKESIDE GARDENS; thence southwesterly along said vacated centerline to the extended southwesterly line of Lot 9, said Block 1 and said centerline there terminating.
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 street easement, originally dedicated in 1964, on the Rockridge school property. To maintain pedestrian connectivity, a pedestrian easement is being dedicated over a portion of the vacated Norwood Street.
On March 8, 2016, the Duluth city planning commission held a public hearing on the proposal and voted 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: February 5, 2016
Action Deadline: June 4, 2016
Petitioner:
ISD #709
c/o Kerry Leider
215 N 1st Avenue E
Duluth, MN 55802
PL 16-010