Title
RESOLUTION PARTIALLY VACATING A UTILITY EASEMENT IN LOTS 1 AND 2, BLOCK 44; LOT 8, BLOCK 45; LOT 9, BLOCK 68; AND LOTS 1 AND 2, BLOCK 69, PLAT OF RE-ARRANGEMENT OF PART OF EAST DULUTH AND OF FIRST ADDITION TO EAST DULUTH.
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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 drainage and utility 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-2409-0006); and
(d) The city council finds that the petitioned utility easement proposed to be vacated:
1. is not and will not be needed for drainage 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 drainage and utility 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 vacates a 6,640 square foot portion of the utility easement in Lots 1 and 2, Block 44; Lot 8, Block 45; Lot 9, Block 68; and Lots 1 and 2, Block 69, Plat Of Re-Arrangement Of Part Of East Duluth And Of First Addition To East Duluth, adjacent to 2836 London Road and as described in Exhibit A.
On October 8, 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.