04-0145R

RESOLUTION VACATING ALL STREETS AND ALLEYS WITHIN THE PROPOSED RIVERSIDE HILLS DEVELOPMENT AND PORTIONS OF TRADERS COURT AND KINNEY STREET; LOCATED NORTHWEST OF GRAND AVENUE PLACE BETWEEN TRADERS COURT AND GOGEBIC STREET (DULUTH ECONOMIC DEVELOPMENT AUTHORITY AND LHB ENGINEERS & ARCHITECTS).

BY COUNCILOR GILBERT:

WHEREAS, a sufficient petition was filed with the city clerk requesting the vacation of all streets and alleys within the proposed Riverside Hills Development, located northwest of Grand Avenue Place between Traders Court and Gogebic Street and portions of Traders Court and Kinney Street (Reference File No. 04009) legally described as the following streets and alleys adjoining Blocks 26, 28, and 41-46 of Ironton Second Division:
(a) Kinney Street adjoining Blocks 26 and 28;
(b) York Avenue adjoining Blocks 26 and 43 lying southeasterly of a line being parallel with, and 50 feet southeasterly of the center line of the former Duluth, Winnipeg and Pacific Railway;
(c) Traders Court adjoining Blocks, 41, 42, 43, and 44, except the southeasterly 47 feet thereof;
(d) The alley adjoining Blocks 43 and 44;
(e) Commonwealth Avenue adjoining Blocks 44 and 45;
(f) The alley adjoining Blocks 45 and 46; and

WHEREAS, pursuant to Section 100 of the City Charter and Article IV of Chapter 45 of the Duluth City Code, 1959 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 public hearing; and

WHEREAS, the city planning commission unanimously approved the street and alley vacation petition at its February 10, 2004, meeting.

NOW, THEREFORE, BE IT RESOLVED, that the city council of the city of Duluth approves the vacation of the street and alley rights-of-way described above and as more particularly described on Public Document No. _______.

RESOLVED FURTHER, that the full width of the vacated alley adjoining Blocks 45 and 46 be retained as a utility easement; that the center 20 feet (ten feet each side of the centerline) of vacated Traders Court and Kinney Street be retained as a pedestrian easement; and that portion of vacated Commonwealth Avenue adjoining Lots 1 and 2, Block 45, be retained as a grading and drainage easement.

RESOLVED FURTHER, that the city clerk is hereby directed to record, with the register of deeds and/or the registrar of titles of St. Louis County, Minnesota, a certified copy of this resolution together with a plat showing the streets and alleys to be vacated and the easements being retained.


STATEMENT OF PURPOSE:  This resolution vacates all streets and alleys within the proposed Riverside Hills Development, located northwest of Grand Avenue Place, between Traders Court and Gogebic Street. These vacations facilitate the development of the residential project as approved in Special Use Permit Resolution 03-0625 by the city council on September 22, 2003.

The purpose of the vacation is to fulfill condition (g) of Resolution 03-0652, granting a special use permit to LHB Engineers and Architects for a low-density planned development consisting of 48 condominium units in nine buildings on 7.73 acres of land located above Grand Avenue Place between Traders Court and Gogebic Street.

This resolution also retains utility, grading, drainage and pedestrian easements in accordance with the special use permit resolution.

The city planning commission unanimously approved this easement vacation petition at its regular meeting on February 11, 2004.