Title
RESOLUTION VACATING SECTIONS OF PLATTED 125TH AVENUE WEST (SECOND STREET PER PLAT), SECOND AVENUE AND THIRD AVENUE IN THE PLAT OF EAST FOND DU LAC, SUBJECT TO THE RETENTION OF A UTILITY EASEMENT OVER SECOND AVENUE AND CONTINGENT UPON THE GRANTING OF A REPLACEMENT STREET EASEMENT OVER PARTS OF LOTS 9 AND 10, BLOCK 10, EAST FOND DU LAC.
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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 rights-of-way are not needed for street or pedestrian uses; and
(c) The city planning commission, at its Tuesday, May 13, 2025 regular meeting, recommended approval of the vacation petition (PLVAC-2502-0002); 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 vehicular or pedestrian purposes; 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 rights-of-way legally described and depicted on the attached Exhibit A: (i) subject to the retention of utility easements over, under and across those portions of to-be-vacated Second Avenue legally described and depicted on the attached Exhibit A and (ii) contingent upon the dedication of an easement for street purposes over Lots 9 and 10, Block 10, EAST FOND DU LAC; 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 Sa...
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