Title
RESOLUTION VACATING ALL OF THE 10 FOOT WIDE EASEMENT THAT CROSSES OVER, UNDER, AND ACROSS LOT 1 AND LOT 2 OF BLOCK 1, TKO ADDITION OF THE RECORDED PLAT “MAPLE GROVE ACRE TRACTS”
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 its Tuesday, September 13, 2016 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 as described below:
All of the part of the 10 foot wide easement that crosses over, under, and across lot 1, block 1 TKO Addition, according to the recorded plat thereof on file and of record on the office of the county recorder, St. Louis County, Minnesota, as show as a 10 foot wide easement on block 4, of MAPLE GROVE ACRE TRACTS.
And
All of the part of the 10 foot wide easement that crosses over, under, and across lot 2, block 1 TKO Addition, according to the recorded plat thereof on file and of record on the office of the county recorder, St. Louis County, Minnesota, as show as a 10 foot wide easement on block 4, of MAPLE GROVE ACRE TRACTS.
(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: This resolution vacates an unused utility easement in the Kenwood neighborhood along Central Entrance. The easement was originally in place for overhead power lines that ran through the two parcels. The power lines were removed years ago, and on lot 1 sits a Residence Inn that resides over the old utility easement. The vacation of the easement through lot 2 is necessary for construction of a new walk in medical clinic. During the planning commission meeting, only the exhibit through Lot 2 was presented. Engineering commented that the unused easement through lot 1 should also be vacated, to which the planning commission agreed and wanted to include in the resolution to have the additional parcel from the parcel next door. The applicant provided another exhibit for lot 1 that was approved by engineering.
On September 13, 2016, the Duluth city planning commission held a public hearing on the proposal and voted 7 yeas, 0 nays, and 0 abstentions to recommend the city council approve the vacation.
The planning commission recommended that the adjacent property owners all participate in a joint private access easement agreement.
The motion to approve the vacation by the city council must prevail with at least six affirmative votes.
Petition Received: August 31, 2016
Action Deadline: December 29, 2016
Petitioner:
MedExpress
PL 16-090