Title
RESOLUTION VACATING A PORTION OF THE PLATTED DRAINAGE EASEMENT IN LOT 2, BLOCK 1, KAYAK BAY.
Body
CITY PROPOSAL:
RESOLVED, that:
(a) The city council finds a sufficient petition was filed with the city requesting the vacation described in (e) below; and
(b) Pursuant to Section 100 of the City Charter and Section 50-37.6 of Chapter 50 of the Duluth City Code, 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 a public hearing and the city planning commission found that the petitioned portion of the platted drainage easement is not needed; and
(c) The city planning commission, at its Tuesday, April 11, 2023, regular meeting, recommended approval of the vacation petition (PL 23-051); and
(d) The city council finds that the portions of the platted easement proposed to be vacated:
1. is not and will not be needed for drainage purposes; and
2. is not otherwise needed to promote the public health, safety or welfare of the citizens of Duluth.
(e) The city council of the city of Duluth approves the vacation of the platted drainage easement legally described and depicted on the attached Exhibit A.
(f) This vacation resolution is not intended to impact any rights of the State of Minnesota as established in that certain easement dated April 7, 2016 and registered in the Office of the Saint Louis County Registrar of Titles on May 2, 2016 as Document No. 970317; and
(g) This vacation resolution is not intended to impact the 20 foot wide platted utility easement in, over and under Lot Two (2), Block One (1), KAYAK BAY, as such easement was dedicated in the plat of KAYAK BAY dated November 1, 2018 and registered in the Office of the Saint Louis County Registrar of Titles on July 10, 2020 as Document No. 1025664 and in the Office of the St. Louis County Recorder on July 10, 2020 as Document No. 1384667; and
(h) That the city clerk is, pursuant to Section 100 (b)(7) of the Home Rule Charter of the city of Duluth, 1912, as amended, authorized to record, with the register of deeds and/or the registrar of titles of Saint Louis County, Minnesota, a certified copy of this resolution showing the platted drainage easement to be vacated; and
(i) That the vacation shall lapse if this resolution is not recorded within 90 days of city council approval.
Statement of Purpose
STATEMENT OF PURPOSE: This resolution vacates a portion of the platted drainage easement in Lot 2, Block 1, Kayak Bay, in preparation for site development.
The original vacation petition requested a vacation of drainage and utility easements, however further review of the recorded plat and internal discussion determined that only the platted drainage easement should and can be vacated.
The resolution acknowledges an existing 20-foot-wide utility easement along the southerly boundary of Lot 2 and an existing 35-foot by 60-foot utility easement in the northwest corner of Lot 2 and makes it clear the intent of this vacation resolution is that these easements shall not be affected.
On April 11, 2023, the Duluth city planning commission held a public hearing on the proposal, as shown in the staff report in Exhibit B, and voted 8 yeas, 0 nays, and 0 abstention to recommend the city council approve the vacation petition.
The motion to approve the vacation by the city council must prevail with at least six affirmative votes.
Petition Received: March 9, 2023
Action Deadline: N/A
Petitioner: Brad Johnson, River West Vacation Homes, LLC
PL 23-051