Title
RESOLUTION RESCINDING RESOLUTION NO. 19-0529 AND VACATING A PORTION OF GLADSTONE STREET IN THE PLAT OF LONDON ADDITION TO DULUTH, SUBJECT TO RETENTION OF A UTILITY EASEMENT.
Body
CITY PROPOSAL:
WHEREAS, on January 18, 2019, Tom Kolar petitioned the city for the vacation of an unimproved portion of platted Gladstone Street adjacent to 49th Ave. E. (Spencer Ave. per plat) in the plat of LONDON ADDITION TO DULUTH, which portion is legally described and depicted on the attached Exhibit A;
WHEREAS, 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 portion of platted street legally described on Exhibit A is not needed for street purposes, but is needed for the provision of utilities; and
WHEREAS, the planning commission, at its regular meeting on February 12, 2019, recommended approval of the vacation petition subject to the retention of a utility easement; and
WHEREAS, on August 19, 2019, the city council passed Resolution No. 19-0529 and vacated the platted street legally described and depicted on Exhibit A;
WHEREAS, it was discovered that Resolution No. 19-0529 contained an error and was not recorded in the real estate records of St. Louis County, Minnesota within the required timeline of the Unified Development Code;
WHEREAS, the cleanest and most expedient way to remedy these errors is to rescind Resolution No. 19-0529 in its entirety and to restate the terms of the vacation accurately in this resolution;
NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 19-0529, passed February 12, 2019, is hereby rescinded in its entirety.
RESOLVED FURTHER, the city council finds that the platted street proposed to be vacated:
1. Is not and will not be needed for the safe and efficient circulation of automobiles, trucks, bicycles or pedestrians in the city, but is needed for utility purposes; and
2. Is not otherwise needed to promote the public health, safety or welfare of the citizens of Duluth.
RESOLVED FURTHER, that the city council of the city of Duluth approves the vacation of the platted street legally described and depicted on the attached Exhibit A, subject to the retention of a utility easement over the entire area of right of way to be vacated.
RESOLVED FURTHER, 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 street easement to be vacated and utility easement to be retained.
Statement of Purpose
STATEMENT OF PURPOSE: The purpose of this resolution is to rescind Resolution No. 19-0529 that vacated a portion of unimproved Gladstone St. in the plat of LONDON ADDITION TO DULUTH. Resolution No. 19-0529 contained an error that needs to be corrected and was not recorded in the St. Louis County real estate records within the required timeline, and the quickest method to remedy the error is through this new resolution.
The purpose of the original application was to vacate a portion of an unimproved platted street so that the vacated street can be used as a driveway to access the parking areas of a residential care facility. The street proposed to be vacated is not needed for street or pedestrian uses, but a utility easement must be retained to allow for the continued operation, maintenance, repair, replacement and access of an existing sanitary sewer line.
This item was originally heard on February 12, 2019, and the Duluth city planning commission held a public hearing on the petition and voted 7 yeas, 0 nay, and 0 abstentions to recommend the city council approve the vacation. The staff report is attached as Exhibit B.
The motion to approve the vacation by the city council must prevail with at least six affirmative votes.
PL 19-005