RESOLUTION VACATING A PORTION OF VENTURE CIRCLE IN THE AIRPARK AND ACCEPTING THE DEDICATION OF RIGHTS OF WAY FOR THE NECESSARY STREET TERMINATIONS THAT RESULT (DULUTH SEAWAY PORT AUTHORITY).
BY COUNCILOR GILBERT:
WHEREAS, a sufficient petition was filed with the city clerk requesting the vacation of the street legally described as:
That part of Venture Circle dedicated as a public street in the recorded plat of the Rearrangement of Part of Airpark Division described as follows:
Beginning at the Southeast corner of Lot 6, Block 4, of said Rearrangement of Part of Airpark Division, thence North 90◦-00'-00" West along said Southerly line of said Lot 6 a distance of 202.95 feet; thence Westerly along said Southerly line being a tangential curve concave to the North, having a radius of 70.00 feet and a central angle of 24◦-26'-43" a distance of 29.87 and the chord of said curve bears North 77◦-46'-39" West; thence Southwesterly along a curve concave to the Northwest, having a radius of 86.00 feet and a central angle of 48◦-44'-12" a distance of 73.15 feet and the chord of said curve bears South 54◦-57'-26" West; thence Southeasterly along the Northerly line of Lot 12 of said Block 4 being a curve concave to the Northeast, having a radius of 136.00 feet and a central angle of 39◦-48'-30", a distance of 94.49 feet and the chord of said curve bears South 70◦-05'-45" East; thence North 90◦-00'-00" East along the Northerly line of Lots 13 and 14 of said Block 4 a distance of 405.90 feet; thence North 00o-00'-00" a distance of 66.00 feet; thence North 90o-00'-00" West along the Southerly line of Lot 7 of said Block 4 a distance of 202.95 feet to the point of beginning.
subject to the retention of a 20.00 foot wide utility easement thereon, said easement lying 10.00 feet either side of a line described as follows:
Beginning at said Southeast corner of Lot 6, Block 4, thence South 00◦-00'-00" East a distance of 66.00 feet to the Northeast corner of Lot 13, Block 4, and said line there terminating; and
WHEREAS, the Duluth Seaway Port Authority has proposed to dedicate additional rights of way for the construction of cul-de-sacs at either end of the right of way proposed to be vacated and as described in the attached public documents; and
WHEREAS, the city council has the authority to vacate public rights of way when it determines that there is no public need or necessity therefore; 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 determined that upon the dedications of the additional rights of way referred to above, there would be no public need or necessity to retain as public right of way the portion of Venture Circle to be vacated and, therefore approved, by a unanimous vote, the vacation petition, subject to the proposed new dedications at its August 10, 2004, meeting;
NOW, THEREFORE, BE IT RESOLVED, that the city council of the city of Duluth finds that upon the dedications of the additional rights of way referred to above, there would be no public need or necessity to retain as public right of way the portion of Venture Circle to be vacated;
RESOLVED FURTHER, that said city council approves the vacation of the portion of Venture Circle more particularly described on Public Document No._______, subject to the dedication by the Duluth Seaway Port Authority of those rights of way described on Public Document No._______; and
RESOLVED FURTHER, that said city council accepts the dedication of rights of way described on said Public Document No. upon recording thereof by the Duluth Seaway Port Authority in the office of the County Recorder for St. Louis County, Minnesota; and
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 portion of the street to be vacated and the above rights of way dedications.
STATEMENT OF PURPOSE: This resolution vacates a portion of Venture Circle in the Airpark. It also accepts the dedication of land for a cul-de-sac and hammerhead that will serve as the street termini of the remaining sections of Venture Circle.
The purpose of the vacation is to allow for the reconfiguration of a couple of lots in Airpark to allow a proposed commercial development to occur.
The City Planning Commission held a public hearing on August 10, 2004 and approved this vacation by a unanimous vote.
The estimated annual tax base impact of this street vacation and dedication of land for a cul de sac and hammerhead is estimated to be an increase of $332.59, of which $49.43 is estimated to accrue to the City of Duluth.