Title
RESOLUTION AUTHORIZING THE VACATION OF PORTIONS OF WATER STREET AND WINNIPEG STREET AND THE ACCEPTANCE OF REPLACEMENT STREET AND UTILITY EASEMENTS RUNNING PARALLEL TO AND NORTHEAST OF WATER STREET.
Body
CITY PROPOSAL:
RESOLVED, that:
(a) city council finds a sufficient petition was received requesting the vacation legally described on the attached Exhibit 1 and depicted on the attached Exhibit 2; 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 (PL19-175) and such commission gave due notice of public hearing and did consider said petition at a public hearing and the city planning commission found that the rights-of-way are not needed for street, utility or other public purposes, but that replacement easements for street and utility purposes, substantially in the forms attached as Exhibits 3 and 4, are needed and more appropriate; and
(c) the city planning commission recommended approval of the vacation of the rights-of-way legally described on the attached Exhibit 1 and depicted on the attached Exhibit 2 and acceptance of replacement street and utility easements at its April 14, 2020 regular meeting; and
(d) subject to Paragraphs (e), (f) and (g) below, the city council of the city of Duluth approves the vacation of the portions of Water Street and Winnipeg Street legally described on the attached Exhibit 1 and depicted on the attached Exhibit 2, contingent upon the condition of the granting of the replacement street and utility easements, substantially in the forms attached as Exhibits 3 and 4; and
(e) that the proper city officials are hereby authorized to accept, substantially in the form attached as Exhibit 3, from Nancy Saari, a perpetual easement for street and utility purposes over, under, and across the lands legally described on Exhibit A attached to Exhibit 3 and depicted on Exhibit B attached to Exhibit 3, at no cost to the City; and
(f) that the proper city officials are hereby authorized to accept, substantially in the form attached as Exhibit 4, from Steven J. Gutz, a perpetual easement for street and utility purposes over, under, and across the lands legally described on Exhibit A attached to Exhibit 4 and depicted on Exhibit B attached to Exhibit 4, at no cost to the City; and
(g) that if the street and utility easements, substantially in the forms attached as Exhibits 3 and 4, are not recorded in the real estate records of St. Louis County, Minnesota by April 13, 2021, then this vacation is null and void and no further effect; and
(h) the city clerk, pursuant to Section 100 (b) (7) of the Home Rule Charter of the City of Duluth1959, as amended, is authorized to record with the register of deeds and/or the registrar of titles of St. Louis County, Minnesota: (1) a certified copy of this resolution showing the vacation of the rights-of-way legally described on the attached Exhibit 1 and depicted on the attached Exhibit 2, and (2) the replacement street and utility easements, substantially in the forms attached as Exhibits 3 and 4.
Statement of Purpose
STATEMENT OF PURPOSE: This resolution authorizes vacation of platted portions of Water Street and Winnipeg Street near Lot 38 through Lot 40 of Fond du Lac, St. Louis County, currently occupied by a single-family structure and accessory buildings located at 12901 Water Street, and accepts replacement street and utility easements running along the northeast side of as-built Water Street.
On April 14, 2020, the Duluth city planning commission held a public hearing on the proposal as shown in the staff report attached hereto as Exhibit 5, and voted 7 yeas, 0 nays, and 0 abstentions to recommend that city council approve the vacation with the condition that replacement easements must be granted and filed with the St. Louis County real estate records.
The motion to approve the vacation by the city council must prevail with at least six affirmative votes.
PL19-175