Title
RESOLUTION VACATING A RETAINED UTILITY EASEMENT IN A VACATED ALLEY NEAR 52ND AVENUE WEST NORTH OF WADENA STREET AND RELEASING SAID PORTION FROM A UTILITY EASEMENT RESTORATION AGREEMENT.
Body
CITY PROPOSAL:
RESOLVED, that:
(a) The city council finds a sufficient petition was filed with the city requesting the vacation described in paragraph (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 portion of the retained utility easement in a vacated alley is not needed for utility or other purposes; and
(c) The city planning commission, at its Tuesday, August 20, 2024, regular meeting, recommended approval of the vacation petition (PLVAC-2407-0003); and
(d) The city council finds that the portion of the retained utility easement in a vacated alley proposed to be vacated:
1. is not needed for utility purposes; and
2. 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 that portion of a retained utility easement in a vacated alley legally described and depicted on the attached Exhibit A.
(f) Due to the vacation authorized by this resolution, the city council of the city of Duluth hereby releases that portion of the retained utility easement in a vacated alley legally described and depicted on the attached Exhibit A from that certain Utility Easement Restoration Agreement dated June 23, 2023, registered with the Office of the St. Louis County Registrar of Titles on July 3, 2023 as Document No. 1069710 and recorded in the Office of the St. Louis County Recorder on July 12, 2023 as Document No. 1469802 (the "Utility Easement Re...
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