File #: 16-0603R    Name:
Type: Resolution Status: Passed
File created: 8/4/2016 In control: Planning and Economic Development
On agenda: 8/15/2016 Final action: 8/15/2016
Title: RESOLUTION VACATING PORTIONS OF PEABODY STREET AND SOUTH 54TH AVENUE EAST, RETAINING A PUBLIC UTILITY EASEMENT OVER THE ENTIRE AREA TO BE VACATED (LUKE SCHMITZ).
Attachments: 1. Attachment 1, 2. Attachment 2
Title
RESOLUTION VACATING PORTIONS OF PEABODY STREET AND SOUTH 54TH AVENUE EAST, RETAINING A PUBLIC UTILITY EASEMENT OVER THE ENTIRE AREA TO BE VACATED (LUKE SCHMITZ).

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, July 12, 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 road easement, maintaining a public utility easement, described below:
VACATION AND UTILITY EASEMENT LEGAL DESCRIPTION:
All that part of 54th Avenue East and Peabody Street, LONDON ADDITION
TO DULUTH according to the recorded plat thereof, St. Louis County,
Minnesota, described as follows:
Commencing at the Northeast corner of Lot 89, MORRIS PARK DIVISION
OF LAKESIDE; thence on an assumed bearing of North 90 degrees 00
minutes 00 seconds East, along the Easterly extension of the Northerly line
of said Lot 89 for a distance of 15.17 feet, more or less, to the intersection
with a line which is parallel and distant 66.00 feet West of the West line of
Block 1, LESTER PARK 1ST DIVISION; thence North 02 degrees 38 minutes
00 seconds East; along said parallel line for a distance of 43.96 feet to the
Point of Beginning of the parcel herein described; thence continue North 02
degrees 38 minutes 00 seconds East, along said parallel line 17.74 feet to
the Northeasterly extension of the Southeasterly right of way line of the...

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