Title
RESOLUTION VACATING A PORTION OF WICKLOW STREET WEST OF ATLANTIC AVENUE IN THE PLAT OF BRYANT ADDITION TO DULUTH SECOND DIVISION, RETAINING A UTILITY EASEMENT OVER A PORTION OF THE VACATED AREA.
Body
CITY PROPOSAL:
RESOLVED, that:
(a) The city council finds a sufficient petition was filed with the city requesting the vacation legally described and depicted on Attachment 1; 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 the Tuesday, November 10, 2020 regular meeting, recommended approval of the vacation petition; and
(d) The city council finds that the portion of the street proposed to be vacated:
1. Is unimproved and truncated at the west end of the area to be vacated, and is not needed for automobile, pedestrian, or bicycle connectivity;
2. The only utilities are stormwater infrastructure at the east end of the area, necessitating a utility easement over this portion;
3. Significant topography and bedrock impede any future construction of a road, and require future homes to design alternative driveway access in lieu of road frontage;
4. 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 easement legally described and depicted on Attachment 1, subject to the retention of a utility easement over the area legally described and depicted on Attachment 1.
(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...
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