Title
RESOLUTION RESCINDING RESOLUTION NO. 23-0567R AND VACATING THE UNIMPROVED UTILITY EASEMENT LYING ADJACENT TO AND ABUTTING LOT 8 AND LOT 9, LEVI ACRES.
Body
CITY PROPOSAL:
WHEREAS, on June 5, 2023, James Wallner petitioned the City for the vacation of a platted 20-foot wide utility easement lying adjacent to and abutting Lot 8 and Lot 9, Levi Acres;
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 utility easement is not needed for public purposes; and
WHEREAS, the planning commission, at its regular meeting on July 11, 2023, recommended approval of the vacation petition; and
WHEREAS, on July 24, 2023, the city council passed Resolution No. 23-0567R and vacated the 20-foot wide utility easement adjacent to and abutting Lot 8 and Lot 9, Levi Acres;
WHEREAS, it was discovered that Resolution No. 23-0567R contained an error in the file number and planning commission date and year within the body of the resolution;
WHEREAS, the cleanest and most expedient way to remedy these error's is to rescind Resolution No. 23-0567R in its entirety and to restate the terms of the vacation accurately in this resolution;
NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 23-0567R, passed July 24, 2023, is hereby rescinded in its entirety.
RESOLVED FURTHER, the city council finds that the platted utility easement proposed to be vacated:
1. is not and will not be needed for the safe and efficient circulation of automobiles, trucks, bicycles or pedestrians or otherwise for the efficient supply of utilities or public services in the City; and
2. is not otherwise needed to promote the public health, safety or welfare of the cit...
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