Title
RESOLUTION PARTIALLY VACATING A UTILITY AND DRAINAGE EASEMENT AFFECTING A PORTION OF LOTS 4 AND 5, BLOCK 2, ATLAS INDUSTRIAL PARK, ACCEPTING A REPLACEMENT EASEMENT OVER A DIFFERENT PORTION OF THE SAME, AND AUTHORIZING THE ENCUMBRANCE OF THE REPLACEMENT EASEMENT INTEREST AS REQUIRED BY THE STATE OF MINNESOTA.
Body
CITY PROPOSAL:
WHEREAS, the city council finds a sufficient petition was filed with the city requesting partial vacation of an easement for utility and drainage purposes registered in the Office of the St. Louis County Registrar of Titles on December 21, 2012 as Document No. 924480, with the portion of the easement area to be vacated legally described on the attached Exhibit 1;
WHEREAS, 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 portion of the easement for utility and drainage purposes described on the attached Exhibit 1 is not needed for public purposes;
WHEREAS, the city planning commission, at its regular meeting on Tuesday, July 11, 2023, recommended approval of the vacation petition; and
WHEREAS, the city council finds that the portion of the easement proposed to be vacated:
(i) is not and will not be needed for the safe and efficient circulation of automobiles, trucks, bicycles, or pedestrians or the efficient supply public services in the city as long as a replacement easement is dedicated; and
(ii) is not otherwise needed to promote the public health, safety or welfare of the citizens of Duluth.
NOW, THEREFORE, BE IT RESOLVED that the city council of the city of Duluth approves the vacation of that portion of the easement area legally described and depicted on the attached Exhibit 1, contingent on: (i) the dedication of a replacement easement, s...
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