Title
RESOLUTION VACATING UNIMPROVED PLATTED RIGHT OF WAY FOR SEWERS, ELECTRIC LIGHT, AND TELEPHONE WIRES AND POLES LYING WITHIN BLOCK 111 DULUTH PROPER THIRD DIVISION LOCATED BETWEEN NORTH 5TH AVENUE WEST AND NORTH 4TH AVENUE WEST.
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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 portions of the platted streets and easements are not needed for public street and sewer, water, gas, telephone and electric light and power purposes; and
(c) The city planning commission, at its Tuesday, May June 14, 2022, regular meeting, recommended approval of the vacation petition; and
(d) The city council finds that the portion of the platted right of way proposed to be vacated:
1. is not and will not be needed for the safe and efficient circulation of automobiles, trucks, bicycles or pedestrians or otherwise for the efficient supply of sewer, water, gas, telephone, and electric light and power services in the city; and
2. are 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 streets and easements as shown in Attachment 1 and as described below:
All that part of the 20 foot wide right of way for sewers, electric light, and telephone wires and poles lying within Block 111, DULUTH PROPER THIRD DIVISION, according to the recorded plat thereof, St. Louis County, Minnesota. Said right of way being shown on the Condemnation Plat, recorded in Book 1 of Condemnation Plats, Pages 68 through 71, File No. 5722, filed on November 20, 1896 and located in the Office of the County Recorder, St. Louis County, Minnesota. Said right of way to be vacated contains 8,000 square feet or 0.18 acres.
(f) 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 right of way to be vacated.
Statement of Purpose
STATEMENT OF PURPOSE: This resolution vacates an unimproved platted right of way for sewers, electric light, and telephone wires and poles lying within Block 111 of Duluth Proper Third Division located between North 5th Avenue West and North 4th Avenue West.
On June 14, 2022, the Duluth city planning commission held a public hearing on the proposal, as shown in the staff report in Attachment 2, and voted 6 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: April 25, 2021
Action Deadline: August 23, 2021
Petitioner: Ben Gasner
PL 22-073