DISCLAIMER

 

08-0051R


RESOLUTION DENYING THE VACATION OF A TRIANGULAR SHAPED PORTION OF MANITOU STREET (ALLEY) AT 2 SUNNYSIDE DRIVE (WALTJER).

BY COUNCILOR STAUBER:

     The city council finds as follows:

     (a)  A sufficient petition was filed with the city clerk requesting the vacation of a triangular shaped portion of the Manitou Street (alley) right-of-way northwesterly and adjoining Lot 1, Block 13, Riverside Division, 2 Sunnyside Street in Riverside (FN 07151); and

     (b)  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

     (c)  The planning commission, at its January 8, 2008, regular meeting, unanimously approved the recommendation to vacate property and aerial rights in legal description provided by Salo Engineering in the staff report, as recommended by planning staff.

     IN CONCLUSION, that there is a continuing public need for the street right-of-way and aerial rights, circumstances described in the file show that it is in the public’s interest to retain the current easement for future utility needs.

     FURTHER RESOLVED, that:

     (a)  The city council of the city of Duluth denies the petition to vacate the following portion of utility easement, legally described as:

           That part of the platted alley lying northwesterly of and adjoining Lot 1, Block 13, Riverside, according to the plat on file in the office of the county recorder, St. Louis County, Minnesota, described as follows: commencing at the southwest corner of said Lot 1, Block 13; thence north 00 degrees 00 minutes 00 seconds east, assumed bearing along the west line of said Lot 1, a distance of 3.96 feet; thence north 39 degrees 42 minutes 08 seconds east 47.70 feet along the northwesterly line of said Lot 1 to the point of beginning of the tract to be described; thence north 00 degrees 03 minutes 21 seconds west 6.10 feet; thence south 89 degrees 56 minutes 12 seconds east 5.10 feet to the northwesterly line of said Lot 1; thence south 39 degrees 42 minutes 08 seconds west 7.98 feet along the northwesterly line of said Lot 1 to the point of beginning.

                 Together with: an aerial vacation over and above that part of the platted alley lying northwesterly of and adjoining Lot 1, Block 13, Riverside, according to the plat on file in the office of the county recorder, St. Louis County, Minnesota, described as follows: commencing at the southwest corner of said Lot 1, Block 13; thence north 00 degrees 00 minutes 00 seconds east, assumed bearing along the west line of said Lot 1, a distance of 3.96 feet; thence north 39 degrees 42 minutes 08 seconds east 44.57 feet along the northwesterly line of said Lot 1 to the point of beginning of the tract to be described; thence north 00 degrees 03 minutes 21 seconds west 10.56 feet; thence south 89 degrees 56 minutes 12 seconds east 8.77 feet to the northwesterly line of said Lot 1; thence south 39 degrees 42 minutes 08 seconds west 13.71 feet along the northwesterly line of said Lot 1 to the point of beginning.

                 The bottom plane of the vertical space of said aerial vacation shall be elevation 691.00 (based on NGVD 29 datum).


STATEMENT OF PURPOSE:  This resolution denies the vacation of a triangular shaped portion of Manitou Street (alley) right-of-way northwesterly and adjoining Lot 1, Block 13, Riverside Division, at 2 Sunnyside Street (FN 07151).


Date filed: October 23, 2007               Action deadline: February 19, 2008