Title
RESOLUTION VACATING A PORTION OF STREET RIGHT-OF-WAY FOR VERMILION ROAD AT THE SOUTHEAST CORNER OF VERMILION ROAD AND ELK STREET (JOHN AND BONNIE GIBSON).
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, June 9, 2015, regular meeting, recommended approval of the vacation petition; and
(d) The city council of the city of Duluth approves the vacation of the platted road easement, maintaining a public utility easement, described below:
LEGAL DESCRIPTION OF RIGHT-OF-WAY VACATION
All that part of Vermilion Road (platted as Market Avenue), as dedicated on GREYSOLON FARMS 1ST DIVISION OF DULUTH, according to the recorded plat thereof, St. Louis County, MN, bounded as follows:
On the North: By the Westerly extension of the North line of Lot 12, Block 5, said GREYSOLON FARMS 1ST DIVISION OF DULUTH.
On the East: By the Easterly right of way line of Vermilion Road (platted as Market Avenue) on said GREYSOLON FARMS 1ST DIVISION OF DULUTH.
On the South: By the South line of Lot 9, Block 5 said GREYSOLON FARMS 1ST DIVISION OF DULUTH.
On the West: By a line parallel with and distant 33.0 feet east of the center line of Vermilion Road (platted as Market Avenue) said GREYSOLON FARMS 1ST DIVISION OF DULUTH.
Said parcel contains 17,773 square feet or 0.41 acres, more or less.
(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 platted easement to be vacated.
Statement of Purpose
STATEMENT OF PURPOSE: The resolution vacates an approximately 475 long portion of street right of way for Vermilion Road. It was originally platted as Market Avenue and had a curvilinear, not straight, design. If the partial vacation is approved, Vermilion Road would still have a right of way width of 66 feet.
On June 9, 2015, the Duluth city planning commission held a public hearing on the proposal and voted 8 yeas, 0 nays, 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: May 7, 2015
Action Deadline: September 4, 2015
Petitioner:
John and Bonnie Gibson
4906 Vermilion Road
Duluth, MN 55803-1423
PL 15-083