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...
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