Title
RESOLUTION VACATING CERTAIN UNIMPROVED PLATTED RIGHTS-OF-WAY WITHIN THE PLAT OF DICKERMAN’S DIVISION OF DULUTH
Body
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 easements are not needed for right-of-way purposes; and
(c) The city planning commission, at a special meeting on Wednesday, November 6, 2024, recommended approval of the vacation petition; and
(d) The city council finds that the petitioned right of way areas proposed to be vacated:
1. are not and will not be needed for the safe and efficient circulation of pedestrians, bicycles, automobiles or trucks, or the efficient supply of utilities or public services in the city; and
2. 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 petitioned right-of-way located in St. Louis County, Minnesota legally described and depicted on the attached 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 easements; 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 3.18-acre portion of platted right of way between North Agate Street and 53rd Avenue West. The proposed streets are 53rd Avenue West, 43rd Avenue West, 42nd Avenue West, Gilbert Avenue, and a portion of North Agate Street, and the associated alleys in the Dickerman’s Division of Duluth. This vacation of right-of-way was requested by the adjacent property owner to consolidate a collection of individual parcels.
On November 6, 2024, the Duluth city planning commission held a public hearing on the proposal, as shown in the staff report in 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.
PLVAC-2410-0007