05-0095R


RESOLUTION VACATING THE STREETS AND ALLEYS ON A 31-ACRE SITE PROPOSED FOR CAMPUS PARK II, A COMMON INTEREST COMMUNITY DEVELOPMENT, TO INCLUDE PORTIONS OF HAWKINS STREET, HOWTZ STREET, DAVIS STREET, CONNECTICUT AVENUE, MADISON AVENUE, GRANT AVENUE, BROADWAY AVENUE AND VIRGINIA AVENUE; ALL OF THE ALLEYS IN BLOCKS 2, 3, 4 AND 5, CLAGUE AND PRINDLE’S ADDITION; AND A PORTION OF THE ALLEY IN BLOCK 6, CLAGUE AND PRINDLE’S ADDITION (MARK LAMBERT/SUMMIT MANAGEMENT, LLC).

BY COUNCILOR GILBERT:

     WHEREAS, a sufficient petition was filed with the city clerk requesting the vacation of streets and alleys legally described as:

           That part of Hawkins Street, as dedicated in Triggs and Kennedy’s Addition, lying east of the southeasterly right-of-way line of Blackman Avenue, and lying west of the southwesterly right-of-way line of Rice Lake Road, also known as County Highway 4; and

           That part of Howtz Street, as dedicated in Triggs and Kennedy's Addition, and as dedicated in Clague and Prindle’s Addition, lying east of the northerly extension of the west line of Lot 1, Block 2, of said Clague and Prindle’s Addition and lying west of the southwesterly right-of-way line of Rice Lake Road, also known as County Highway 4; and

           That part of the north half of Davis Street, as dedicated in Clague and Prindle’s Addition, lying east of the southerly extension of the west line of Lot 29, Block 2, of said Clague and Prindle’s Addition and lying west of the southwesterly right-of-way line of Rice Lake Road, also known as County Highway 4; and

           That part of Connecticut Avenue, as dedicated in Triggs and Kennedy's Addition, lying south of the southeasterly right-of-way line of Blackman Avenue, and also lying south of the southwesterly right-of-way line of Rice Lake Road, also known as County Highway 4 and lying north of the westerly extension of the south line of Lot 15, Block 42, of said Triggs and Kennedy's Addition; and

           That part of Madison Avenue, as dedicated in Triggs and Kennedy's Addition, and as dedicated in Clague and Prindle’s Addition, lying south of the southwesterly right-of-way of Rice Lake Road, also known as County Highway 4, and lying north of the center line of Davis Street; and

           That part of Grant Avenue, as dedicated in Triggs and Kennedy's Addition, and as dedicated in Clague and Prindle’s Addition, lying south of the southwesterly right-of-way of Rice Lake Road, also known as County Highway 4, and lying north of the center line of Davis Street; and

           That part of Broadway Avenue, as dedicated in Triggs and Kennedy's Addition, and as dedicated in Clague and Prindle’s Addition, lying south of the

southwesterly right-of-way line of Rice Lake Road also known as County Highway 4, and lying north of the center line of Davis Street; and

           That part of Virginia Avenue, as dedicated in Clague and Prindle’s Addition, lying south of the southwesterly right-of-way line of Rice Lake Road, also known as County Highway 4, and lying north of the center line of Davis Street; and

           All of the alleys in Blocks 2, 3, 4 and 5, Clague and Prindle's Addition, and that part of the alley in Block 6, Clague and Prindle’s Addition, lying south of the southwesterly right-of-way line in Rice Lake Road, also known as County Highway 4; 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 said streets and alleys are useless for the purpose for which they were intended based on the following findings:

     (a)  These rights-of-way will not be needed in the future because the area will be covered by a common interest community plat with private streets providing access to buildings in the development. Also, the common interest community plat will provide easements for public utilities serving the development;

     (b)  The land surrounding the streets and alleys proposed for vacation are entirely owned, or controlled, by the petitioner; and

     WHEREAS, the city planning commission unanimously approved the vacation of said streets and alleys at the regular meeting held January 26, 2005 (reference Planning Commission File No. 05003);

     NOW, THEREFORE, BE IT RESOLVED, that the city council of the city of Duluth approves the vacation of portions of Hawkins Street, Howtz Street, Davis Street, Connecticut Avenue, Madison Avenue, Grant Avenue, Broadway Avenue and Virginia Avenue; all of the alleys in Blocks 2, 3, 4 and 5, Clague and Prindle’s Addition; and a portion of the alley in Block 6, Clague and Prindle’s Addition, and as more particularly described in 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 Minnesota, a certified copy of this resolution together with a plat showing the portions streets and alleys to be vacated.


STATEMENT OF PURPOSE:  This resolution approves the vacation of portions of Hawkins Street, Howtz Street, Davis Street, Connecticut Avenue, Madison Avenue, Grant Avenue, Broadway Avenue and Virginia Avenue; all of the alleys in Blocks 2, 3, 4 and 5, Clague and Prindle’s Addition; and a portion of the alley in Block 6, Clague and Prindle’s Addition. The purpose of the vacation is to facilitate organization of the 31-acre site into Campus Park II, a common interest community plat of 20 residential buildings (in four styles), an office/recreation building, and a maintenance building.


This resolution is accompanied by a companion resolution for a Section 50-38 townhouse and group dwellings special use permit (Resolution 05-0094). The planning commission unanimously approved the vacation petition and special use permit request at the regular meeting held Wednesday, January 26, 2005.


This resolution, when approved, will have no effect on the tax base.


Petition received:

December 29, 2004

Petition certified:

January 11, 2005

Action date for vacation petition:

N/A

Action date for special use permit:

April 27, 2005

 

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