DISCLAIMER

 

06-0681R

 

RESOLUTION VACATING THE EASTERLY THREE FEET OF 50TH AVENUE EAST BETWEEN LONDON ROAD AND THE SLLC RAILROAD WHILE RETAINING A PEDESTRIAN AND UTILITY EASEMENT AND ACCEPTING THE DEDICATION OF A PEDESTRIAN EASEMENT OVER THE WESTERLY FOUR FEET OF LOT 13, MORRIS PARK DIVISION OF DULUTH (RALPH AND MARY JOHNSON).

BY COUNCILOR GILBERT:

     RESOLVED,

     (a)  The city council finds a sufficient petition was filed with the city clerk requesting the vacation of that part of 50th Avenue East that is within three feet of the west line of Lot 13, Morris Park Division of Duluth (Parcel ID: 010-3430-00130); and

     (b)  The city council also finds a sufficient petition with the city clerk offering to dedicate to the public for pedestrian purposes the westerly four feet of Lot 13, Morris Park Division of Duluth (Parcel ID: 010-3430-00130); and

     (c)  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 the city planning commission found that said portion of the street is useless for the purpose of a roadway, based on the following finding:

           (1)  Vacating this three foot wide section of the street will narrow the right-of-way to 63 feet, which could still accommodate the construction of a roadway in the future, though the likelihood seems remote given the presence of 50th Avenue East Creek which occupies much of the ravine; and

     (d)  The planning commission found that it is necessary to retain a pedestrian and utility easement over that section of street proposed for vacation due to the location of a public sidewalk through that vacation area; and

     (e)  The planning commission, at its September 12, 2006, regular meeting, did approve, unanimously, the street vacation petition while retaining a pedestrian and utility easement over that entire vacation area; and

     (f)  That the planning commission, at its September 12, 2006, regular meeting, did approve, unanimously, the dedication of the pedestrian easement over the westerly four feet of Lot 13, Morris Park Division of Duluth (Parcel ID: 010-3430-00130); and

     (g)  That the city council of the city of Duluth approves the vacation of the that part of 50th Avenue East that is within three feet of the west line of Lot 13, Morris Park Division of Duluth (Parcel ID: 010-3430-00130), and as more particularly described on Public Document No. _____________, retaining for the public a pedestrian and utility easement over the entire vacation area; and

     (h)  That the city council of the city of Duluth also approves the dedication of the pedestrian easement over the westerly four feet of Lot 13, Morris Park Division of Duluth (Parcel ID: 010-3430-00130); and

     (i)  That the city clerk is hereby directed to record, with the register of deeds and/or the registrar of titles of Saint Louis County, Minnesota, a certified copy of this resolution together with a plat showing the portion of the street to be vacated and easement areas to be retained.


STATEMENT OF PURPOSE:  This resolution vacates the easterly three feet of 50th Avenue East, an unbuilt street. Due to the presence of a public sidewalk crossing this part of the street, this resolution retains a pedestrian and utility easement over the entire area to be vacated.


This resolution also accepts the dedication of a pedestrian easement over the westerly four feet of Lot 13, Morris Park Division of Duluth, in order to retain public control over a public sidewalk that was mistakenly constructed over the applicant’s property.


This resolution should have no effect on the tax base.


Date filed: August 14, 2006

Action deadline: NA