DISCLAIMER

 

06-0138R


RESOLUTION VACATING PORTIONS OF KENTUCKY AVENUE; KENTUCKY ALLEY; VIRGINIA AVENUE; VIRGINIA ALLEY; BROADWAY AVENUE; AND BROADWAY ALLEY, BETWEEN BAYLIS STREET AND DAVIS STREET LOCATED SOUTH OF RICE LAKE ROAD AND WEST OF PECAN AVENUE (MILLER-DWAN FOUNDATION).

BY COUNCILOR GILBERT:

     WHEREAS, a sufficient petition was filed with the city clerk requesting the vacation of the west 1/2 of Kentucky Avenue; Kentucky Alley; Virginia Avenue; Virginia Alley; Broadway Avenue; and Broadway Alley, between Baylis Street and Davis Street, located south of Rice Lake Road and west of Pecan Avenue, legally described as in Clague and Prindles Oak Knoll Division:

     (a)  West 1/2 of Kentucky Avenue adjoining Lots 1-16 (even numbered lots), Block 11;

     (b)  Alley adjoining Lots 1-16, Block 11;

     (c)  Virginia Avenue adjoining Lots 1-15 (odd numbered lots), Block 11 and Lots 2-16 (even numbered lots), Block 12;

     (d)  Alley adjoining Lots 1-16,Block 12;

     (e)  West 1/2 of the alley adjoining Lots 17-29 (odd numbered lots), Block 12;

     (f)  Broadway Avenue adjoining Blocks 12 and 13;

     (g)  Alley in Block 13; and

     (h)  South 1/2 of Davis Street adjoining Blocks 11 and 12 and Lot 2, Block 13 (FN 06006); 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 found that said street and alley rights of way are useless for the purpose for which is was intended, based on the following findings;

     (a)  The currently platted street and alley network is obsolete for this proposal and adjacent development;

     (b)  Only one other private property owner is affected by this petition, there is no loss of street frontage to that owner as a result of the proposed vacations.

And the commission did approve, unanimously, the street and alley vacation petition at its February 14, 2006, 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. ___________.

     BE IT FURTHER RESOLVED, 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 easement to be vacated.


STATEMENT OF PURPOSE:  This resolution vacates the west 1/2 of Kentucky Avenue; Kentucky Alley; Virginia Avenue; Virginia Alley; Broadway Avenue; and Broadway Alley, between Baylis Street and Davis Street south of Rice Lake Road and west of Pecan Avenue.


The purpose of the vacation is to clear the title to the property to facilitate the construction of a 12 bed hospice facility by the Miller-Dwan Foundation. See companion resolution to issue a special use permit.


The city planning commission unanimously approved this easement vacation petition at its regular meeting on February 14, 2006.


This resolution will have no effect on the tax base.


There was one adjoining property owner who stated objection to this action.

 

Date Filed: January 17, 2006                    Action Deadline: May 16, 2006