Title
RESOLUTION VACATING A RETAINED UTILITY EASEMENT IN A VACATED ALLEY NEAR 52ND AVENUE WEST NORTH OF WADENA STREET AND RELEASING SAID PORTION FROM A UTILITY EASEMENT RESTORATION AGREEMENT.
Body
CITY PROPOSAL:
RESOLVED, that:
(a) The city council finds a sufficient petition was filed with the city requesting the vacation described in paragraph (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 portion of the retained utility easement in a vacated alley is not needed for utility or other purposes; and
(c) The city planning commission, at its Tuesday, August 20, 2024, regular meeting, recommended approval of the vacation petition (PLVAC-2407-0003); and
(d) The city council finds that the portion of the retained utility easement in a vacated alley proposed to be vacated:
1. is not needed for 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 that portion of a retained utility easement in a vacated alley legally described and depicted on the attached Exhibit A.
(f) Due to the vacation authorized by this resolution, the city council of the city of Duluth hereby releases that portion of the retained utility easement in a vacated alley legally described and depicted on the attached Exhibit A from that certain Utility Easement Restoration Agreement dated June 23, 2023, registered with the Office of the St. Louis County Registrar of Titles on July 3, 2023 as Document No. 1069710 and recorded in the Office of the St. Louis County Recorder on July 12, 2023 as Document No. 1469802 (the “Utility Easement Restoration Agreement”). The portion of the real property encumbered by the Utility Easement Restoration Agreement but not vacated by this resolution remains subject to the terms and conditions of the Utility Easement Restoration Agreement and is unaffected by this release.
(g) 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.
(h) That this 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 a retained utility easement in a vacated alley near 52nd Avenue West north of Wadena Street and releases said easement area from a Utility Easement Restoration Agreement in order to allow for a multifamily structure to be built within the surrounding site.
The platted alley was previously vacated by the city council on May 8, 2023 under Resolution No. 23-0380, but was subject to the retention of a utility easement (the “2023 Vacation”). A condition of the 2023 Vacation required the property owner to enter into an agreement to be responsible for restoration of damage to the surface and private improvements within the utility easement area due to the city’s use of its utility easement (the “Utility Easement Restoration Agreement”). With the vacation of the retained utility easement under this resolution, the same area should be released from the Utility Easement Restoration Agreement. The real property not subject to this vacation will continue to be subject to the terms and conditions in the Utility Easement Restoration Agreement.
On August 20, 2024, the Duluth city planning commission held a public hearing on the proposal, as shown in the staff report attached as Exhibit B, 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: July 7, 2024
Action Deadline: N/A
Petitioner: Center City Housing Corp.
PLVAC-2407-0003