Title
RESOLUTION VACATING THE ALLEY IN BLOCKS 2 AND 3, HARRINGTON'S ADDITION TO DULUTH AND ACCEPTING A ROAD AND UTILITY EASEMENT OVER PURPORTEDLY VACATED SUPERIOR STREET LYING ADJACENT TO BLOCK 3, HARRINGTON'S ADDITION TO 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 paragraph (e) below.
(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 (file number PL 21-067) 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 the platted alley legally described and depicted on the attached Exhibit 1 is useless for vehicular, utility, and drainage purposes.
(c) The city planning commission, at its Tuesday, June 8, 2021 regular meeting, recommended approval of the vacation petition conditioned on the grant of a road and utility easement in favor of the city over that portion of purportedly vacated Superior Street lying adjacent to Block 3, Harrington's Addition to Duluth.
(d) The city council finds that the portion of the alley to be vacated:
1. is not and will not be needed for the safe and efficient circulation of automobiles, trucks, bicycles, or pedestrians or the efficient supply of utilities or public services in the city; 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 platted alley legally described and depicted on the attached Exhibit 1, subject to the dedication of the road and utility easement described in paragraph (f) below.
(f) That the city council of the city of Duluth accepts a perpetual easement for road and utility purposes, substantially in the form attached as Exhibit 2, f...
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