Title
RESOLUTION PARTIALLY VACATING A UTILITY, PEDESTRIAN WAY, AND RECREATIONAL TRAIL EASEMENT IN THE BRISTOL BEACH 1ST DIVISION PLAT.
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 easement is not needed; and
(c) The city planning commission, at its Tuesday, October 8, 2024 regular meeting, recommended approval of the vacation petition (PLVAC-2408-0005); and
(d) The city council finds that the petitioned utility, pedestrian way, and recreational trail easement proposed to be vacated:
1. is not and will not be needed for utility, pedestrian way, or recreational trail 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 utility, pedestrian way, and recreational trail easement 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 partially vacates a utility, pedestrian way, and recreational trail easement in Bristol beach 1st Division as described in Exhibit A. This easement was established in 1981 when the underlying street was vacated. This easement vacation was requested by the owners of the rental cabin business at 9439 Congdon Blvd to support development of their site. The vacation was extended outside the bounds of the applicant’s property to remain consistent with the City’s preference to vacate right of way on a block-by-block basis. Adjacent property owners signed a petition in support of the proposed vacation.
On October 8th, 2024 the Duluth city planning commission held a public hearing on the proposal, as shown in the staff report in Exhibit B, and voted 5 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.