Title
RESOLUTION RESCINDING RESOLUTION NO. 19-0529 AND VACATING A PORTION OF GLADSTONE STREET IN THE PLAT OF LONDON ADDITION TO DULUTH, SUBJECT TO RETENTION OF A UTILITY EASEMENT.
Body
CITY PROPOSAL:
WHEREAS, on January 18, 2019, Tom Kolar petitioned the city for the vacation of an unimproved portion of platted Gladstone Street adjacent to 49th Ave. E. (Spencer Ave. per plat) in the plat of LONDON ADDITION TO DULUTH, which portion is legally described and depicted on the attached Exhibit A;
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 platted street legally described on Exhibit A is not needed for street purposes, but is needed for the provision of utilities; and
WHEREAS, the planning commission, at its regular meeting on February 12, 2019, recommended approval of the vacation petition subject to the retention of a utility easement; and
WHEREAS, on August 19, 2019, the city council passed Resolution No. 19-0529 and vacated the platted street legally described and depicted on Exhibit A;
WHEREAS, it was discovered that Resolution No. 19-0529 contained an error and was not recorded in the real estate records of St. Louis County, Minnesota within the required timeline of the Unified Development Code;
WHEREAS, the cleanest and most expedient way to remedy these errors is to rescind Resolution No. 19-0529 in its entirety and to restate the terms of the vacation accurately in this resolution;
NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 19-0529, passed February 12, 2019, is hereby rescinded in its entirety.
RESOLVED FURTHER, the city council finds that the platted street proposed to be vacated:
1. Is no...
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