Title
RESOLUTION VACATING A PORTION OF WEST MICHICAN STREET RETAINING 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 need 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:
a. Is not and will not be needed for the safe and efficient circulation of automobiles, trucks, bicycles or pedestrians in the City; and
b. 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 this vacation of the platted street as described below
RIGHT OF WAY TO BE VACATED:
All that part of West Michigan Street adjacent to and abutting Blocks 14 and 38, DULUTH PROPER SECOND DIVISION, according to the recorded plat thereof, St. Louis County, Minnesota, described as follows:
Beginning at the East most corner of said Block 38; thence on an assumed bearing of South 41 degrees 39 minutes 38 seconds West, along the Southeasterly line of said Block 38 for a distance of 210.19 feet to the Easterly line of the Westerly 40.00 feet of Lot 346, said Block 38; thence South 48 degrees 20 minutes 20 seconds East, along the Southeasterly extension of said Easterly line of the Westerly 40.00 feet of said Lot 346 across said W. Michigan Street 14.04 feet; thence Northeasterly 103.63 feet, along a non-tangential curve concave to the Southeast, have a radius of 310.00 feet and a delta angle of 19 degrees 09 minutes 10 seconds, the chord of said curve bears North 68 degrees 07 minutes 22 seconds East for a chord distance of 103.14 feet to the Northwesterly line of said Block 14; thence North 41 degrees 39 minutes 38 seconds East, along said Northwesterly line of said Block 14 for a distance of 117.84 feet to the Northeasterly line of said Block 14; thence North 48 degrees 19 minutes 27 seconds West, along the Northwesterly extension of said Northeasterly line of said Block 14 across said W. Michigan Street 60.00 feet to the point of beginning
The vacation area is adjacent to the property located at 2102, 2104, and 2112 West Superior Street.
(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 authorizes the vacation of all the part of West Michigan Street adjacent to and abutting Blocks 14 and 38. The vacation area is adjacent to the property located at 2102, 2104, and 2112 West Superior Street. 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 originally heard on August 11, 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: August 3, 2020
Action Deadline: December 1, 2020
Petitioner: Jon Aamodt
PL 20-118