Title
RESOLUTION VACATING SECTIONS OF PLATTED 125TH AVENUE WEST (SECOND STREET PER PLAT), SECOND AVENUE AND THIRD AVENUE IN THE PLAT OF EAST FOND DU LAC, SUBJECT TO THE RETENTION OF A UTILITY EASEMENT OVER SECOND AVENUE AND CONTINGENT UPON THE GRANTING OF A REPLACEMENT STREET EASEMENT OVER PARTS OF LOTS 9 AND 10, BLOCK 10, EAST FOND DU LAC.
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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 rights-of-way are not needed for street or pedestrian uses; and
(c) The city planning commission, at its Tuesday, May 13, 2025 regular meeting, recommended approval of the vacation petition (PLVAC-2502-0002); and
(d) The city council finds that the petitioned rights-of-way proposed to be vacated:
1. are not and will not be needed for vehicular or pedestrian purposes; 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 petitioned rights-of-way legally described and depicted on the attached Exhibit A: (i) subject to the retention of utility easements over, under and across those portions of to-be-vacated Second Avenue legally described and depicted on the attached Exhibit A and (ii) contingent upon the dedication of an easement for street purposes over Lots 9 and 10, Block 10, EAST FOND DU LAC; and
(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 rights-of-way to be vacated and utility easements to be retained; and
(g) That if the replacement easement for street purposes over Lots 9 and 10, Block 10, EAST FOND DU LAC is not dedicated to the City and accepted by the city council within 80 days of the approval date of this resolution, then this vacation is null and void and of no further effect.
(h) 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 1.27 acres of sections of platted Second Street (now known as 125th Avenue West), Second Avenue, and Third Avenue: (i) subject to the retention of utility easements over those portions to Second Avenue to be vacated and (ii) contingent upon the dedication of an easement for street purposes over Lots 9 and 10, Block 10, EAST FOND DU LAC (the “Replacement Easement”). This street vacation was requested by the adjacent property owner to allow for construction of a new accessory structure. Utility easements will be retained on Second Avenue to preserve further development of the area and the ability to install utilities to serve the residents. The replacement street easement over Lots 9 and 10, Block 10, EAST FOND DU LAC is needed for a turnaround for street maintenance and emergency vehicles. However, the survey for the Replacement Easement is not yet completed, so this vacation is contingent upon the survey being completed and the Replacement Easement being dedicated to the City and accepted by the city council within 80 days of this resolution to provide enough time to record with the St. Louis County Recorder and/or Registrar of Titles within 90 days (the condition stated in paragraph (h) above).
On May 13, 2025, 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.