Title
RESOLUTION VACATING PORTIONS OF TWO UNIMPROVED PLATTED ALLEYS BETWEEN 52ND AND 53RD AVENUES WEST NORTH OF WADENA STREET.
Body
CITY PROPOSAL:
RESOLVED, that:
(a) The city council finds a sufficient petition was filed with the city requesting the vacations 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 portions of the platted alleys are not needed for vehicular and pedestrian purposes; and
(c) The city planning commission, at its Tuesday, March 14, 2023, regular meeting, recommended approval of the vacation petition (PL 23-029), with retention of a utility easement over the entire area to be vacated; and
(d) The city council finds that the portions of the platted alleys proposed to be vacated:
1. are not and will not be needed for the safe and efficient circulation of automobiles, trucks, bicycles or pedestrians in the city; and
2, are needed for utility purposes; and
3. 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 platted alleys legally described and depicted on the attached Exhibit A (i) subject to the retention of a utility easement over the entire area to be vacated, as legally described and depicted on the attached Exhibit A, and (ii) contingent upon the city and Duluth Economic Development Authority executing and recording in the St. Louis County real estate records, the Utility Easement Restoration Agreement substantially in the form attached as Exhibit B.
(f) The city council of the city of Duluth authorizes the proper city officials to enter into the Utility Easement Restoration A...
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