Title
RESOLUTION VACATING A PORTION OF CALVARY ROAD ADJACENT TO 5 CALVARY ROAD 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 11, 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 5 Calvary Road and is not used by the general public.
2. Has utilities within the right of way necessitating the need for a utility easement over the entire portion of the area to be vacated.
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 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 southerly corner of Lot 18, Block 2, said COLMAN PARK DIVISION OF DULUTH; thence North 59 degrees 39 minutes 02 seconds West, assumed bearing along the southwesterly line of said Lot 18 and along the southwesterly line of Lot 17, said Block 2, a distance of 57.95 feet; thence South 32 degrees 00 minutes 15 seconds West 10.53 feet; thence southeasterly 17.48 feet along a non-tangential curve, concave to the southwest, having a radius of 328.67 feet, a central angle of 3 degrees 02 minutes 49 seconds and a chord which bears South 47 degrees 50 minutes 32 seconds East; thence South 46 degrees 19 minutes 08 seconds East, tangent to said curve 46.50 feet to the intersection with a line bearing South 20 degrees 57 minutes 59 seconds West from the point of beginning; thence North 20 degrees 57 minutes 59 seconds East 25.16 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. 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 11, 2020
Action Deadline: October 9, 2020
Petitioner: Moran Rentals
PL 20-091