Title
RESOLUTION VACATING A PORTION OF STREET RIGHT OF WAY AND ACCEPTING STREET AND UTILITY EASEMENTS FOR WEST SECOND STREET EAST OF 40TH AVENUE WEST (RMN LLLP).
Body
CITY PROPOSAL:
RESOLVED, that:
(a) The city council finds a sufficient petition was filed with the city requesting the vacation described on Exhibit A attached hereto and made a part hereof; 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, May 12, 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 easement, described below, maintaining a public utility easement and subject to the provisions of paragraph (e) below:
LEGAL DESCRIPTION OF RIGHT OF WAY VACATION
See attached Exhibit A;
(e) That the vacation authorized pursuant to paragraph (d) above is conditioned on the conveyance and dedication by RMN LLLP to the city in trust for the general public of that property legally described on Exhibit B attached hereto and made a part hereof for street and utility purposes and that easement for utility purposes legally described on Exhibit C attached hereto and made a part hereof, the acceptance of which is hereby authorized; and
(f) 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 and the above-referenced deeds of conveyance and dedication.
Statement of Purpose
STATEMENT OF PURPOSE: The purpose of this resolution is to vacate a portion of West Second Street (originally platted as Traverse Street) and accepting other street and utility easements adjacent thereto, resulting in narrowing the right-of-way to reflect actual use of it and in straightening the easement to parallel other streets in the area.
The subject easements lie south of the building presently occupied by St. Germains Glass Company and east of 40th Avenue West. The existing street and utility easements were originally dictated by the location of railroad tracks which traversed the property at an angle to 40th (see attached drawings). The track has been abandoned and removed and the property owner would like to “straighten out” the easements to improve traffic flow from the property and increase their ability to use the property behind their building.
West 2nd Street in this area is only a local service and access facility and does not serve any through traffic purpose and so the reduction of the easement with the reservation for utilities is adequate to serve the needs of the public. In addition, the conveyance by the property owner of street and utility easements adjacent to 40th will provide for a safer intersection of traffic on 2nd entering 40th.
On May 12, 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: March 3, 2015
Petitioner:
RMM LLLP
2300 North Second Street
Minneapolis, MN 55411