Title
RESOLUTION VACATING THE ENTIRE WIDTH OF ATLANTIC AVENUE BETWEEN WEST 6TH STREET AND WELLINGTON STREET, MAINTAINING A PEDESTRIAN AND UTILITY EASEMENT OVER THE WESTERN 50 FEET.
Body
CITY PROPOSAL:
RESOLVED, that:
(a) The city council finds a sufficient petition was filed with the city requesting the vacation described in (d) 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 this portion of the street easement is not needed for public street purposes; and
(c) The city planning commission, at its Tuesday, May 9, 2017 regular meeting, recommended approval of the vacation petition; and
(d) The city council of the city of Duluth approves the vacation of the platted easement as described below:
RIGHT OF WAY TO BE VACATED:
All that part of the platted Right Of Way of Atlantic Avenue lying Southerly of the South line of platted 6th Street according to the recorded Plat of PACIFIC AVE. ADDITION, and northerly of the North line of platted Wellington Street according to the recorded plat of BRYANT ADDITION TO DULUTH SECOND DIVISION, St Louis County, Minnesota; RESERVING , however, an easement for pedestrian and public utility purposes over, under, and across the westerly 50 feet thereof; and further RESERVING an easement for public utility purposes over, under, and across that part of said Atlantic Avenue lying within the S'ly 8 feet of PACIFIC ADDITION except the W'ly 50 feet thereof.
(e) 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 pl...
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