04-0647R


RESOLUTION VACATING STREET EASEMENTS ON CONTIGUOUS PROPERTY LOCATED NORTH OF OHIO STREET, SOUTH OF BUFFALO STREET, EAST OF BROADWAY AVENUE AND WEST OF TRIGGS AVENUE, INCLUDING PORTIONS OF TOLEDO AND NIAGARA STREETS AND PORTIONS OF VIRGINIA, KENTUCKY AND KENNEBEC AVENUES (COLLEGE OF SAINT SCHOLASTICA).

BY COUNCILOR GILBERT:

     WHEREAS, a sufficient petition was filed with the city clerk requesting the vacation of street easements in Grays’ Addition legally described as:

           the east half of Virginia Avenue abutting Lots 4 to 7, Virginia Avenue abutting Lot 9, Block 20 and Lot 8, Block 19 to Ohio Street; Niagara Street abutting Lot 9, Block 20 and Lot 16, Block 29 to Triggs Avenue; Hickory Street abutting Lot 9, Block 29 and Lot 16, Block 36 to line A;

           Kentucky Avenue abutting Lot 12, Block 19 and Lot 5, Block 18 to line A;

           Kennebec Avenue abutting Lot 12, Block 18, and Lot 5, Block 17 to line A;

           Line A is described as beginning 260.15 feet south of centerline of Niagara Street along the east of Block 32 thence southerly and westerly along a tangential curve concave to the northwest, having a radius of 407.74 feet and a central angle of 58o -42'-57", a distance of 417.85 feet and the chord of said curve bears south 29o -24'-34" west; thence south 58o-46'-02" west a distance of 582.82 feet to the south line of Block 35 and there terminating.

           Subject to the retention of the full right-of-way of Niagara Street as a utility easement (Reference File No. 04099); 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 approved, by a unanimous vote, the vacation petition at its September 14, 2004, meeting.

     NOW, THEREFORE, BE IT RESOLVED, that the city council of the city of Duluth approves the vacation of streets on contiguous property located north of Ohio Street, south of Buffalo Street, east of Broadway Avenue and west of Triggs Avenue including portions of Toledo and Niagara streets and portions of Virginia, Kentucky and Kennebec avenues and as more particularly described on Public Document No. _______.

     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.


STATEMENT OF PURPOSE: The purpose of the vacation is to allow the College of Saint Scholastica to construct student housing. The applicant owns all of the lots adjoining the requested vacation. City is retaining an easement for utilities in Niagara Street.


The city planning commission held a public hearing on September 14, 2004, and approved this vacation by a vote of 11 (in favor) and 1 (in abstention - Gil Harries).


This resolution should have no impact on the tax base.