Title
RESOLUTION VACATING PORTIONS OF TWO UNIMPROVED PLATTED ALLEYS BETWEEN 52ND AND 53RD AVENUES WEST NORTH OF WADENA STREET.
Body
CITY PROPOSAL:
RESOLVED, that:
(a) The city council finds a sufficient petition was filed with the city requesting the vacations 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 portions of the platted alleys are not needed for vehicular and pedestrian purposes; and
(c) The city planning commission, at its Tuesday, March 14, 2023, regular meeting, recommended approval of the vacation petition (PL 23-029), with retention of a utility easement over the entire area to be vacated; and
(d) The city council finds that the portions of the platted alleys proposed to be vacated:
1. are not and will not be needed for the safe and efficient circulation of automobiles, trucks, bicycles or pedestrians in the city; and
2, are needed for utility purposes; and
3. are 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 platted alleys legally described and depicted on the attached Exhibit A (i) subject to the retention of a utility easement over the entire area to be vacated, as legally described and depicted on the attached Exhibit A, and (ii) contingent upon the city and Duluth Economic Development Authority executing and recording in the St. Louis County real estate records, the Utility Easement Restoration Agreement substantially in the form attached as Exhibit B.
(f) The city council of the city of Duluth authorizes the proper city officials to enter into the Utility Easement Restoration Agreement substantially in the form attached as Exhibit B.
(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: (i) a certified copy of this resolution showing the vacated platted alleys and the utility easement retained, and (ii) the executed Utility Easement Restoration Agreement substantially in the form attached as Exhibit B.
(h) 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 portions of platted alleys between 52nd and 53rd Avenue West north of Wadena Street in order to form a unified parcel in preparation for site development.
The resolution also retains a utility easement over the entire vacation area and, per the agreement attached as Exhibit B, requires the landowner 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.
On March 14, 2023, the Duluth city planning commission held a public hearing on the proposal, as shown in the staff report in Exhibit C, 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: February 7, 2023
Action Deadline: N/A
Petitioner: Center City Housing Corporation
PL 23-029