Title
RESOLUTION VACATING THE UNIMPROVED PLATTED RIGHT OF WAY BETWEEN BLOCKS 11 AND 12 IN LLOYD’S DIVISION OF DULUTH.
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 road is not needed; and
(c) The city planning commission, at its Tuesday, May 14, 2024, regular meeting, recommended approval of the vacation petition (PL 24-048); and
(d) The city council finds that the road proposed to be vacated:
1. is not and will not be needed for vehicular, pedestrian, or utility 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 petitioned right of way as shown in Exhibit A; 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 easement to be vacated; and
(g) 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 the unimproved platted right of way between Blocks 11 and 12 in Lloyd’s Division of Duluth. The street was platted but never utilized for its intended purpose. The right of way is not needed for street, pedestrian, or utility use.
On May 14, 2024, the Duluth city planning commission held a public hearing on the proposal, as shown in the staff report in Exhibit B, and voted 7 yeas, 0 nays, and 0 abstentions 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 12, 2024
Action Deadline: August 10, 2024
Petitioner: Eric D. Abbett and Joy Van Dell Abbett
PL 24-048