Title
RESOLUTION VACATING A PORTION OF A UTILITY EASEMENT ALONG THE PREVIOUSLY VACATED 35TH AVENUE EAST RIGHT-OF-WAY, IN THE 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 portion of the utility easement is not needed for current or future city utilities; and
(c) The city planning commission, at its Tuesday, July 8, 2025, regular meeting, recommended approval of the vacation petition (PLVAC-2505-0004)[DE1]; and
(d) The city council finds that the petitioned rights-of-way proposed to be vacated:
1. are not and will not be needed for 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[DE2] of the utility easement 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 utility 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 0.16 acres of the utility easement retained in vacated r...
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