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File #: 25-0441R    Name:
Type: Resolution Status: Passed
File created: 5/16/2025 In control: Planning and Economic Development
On agenda: 5/27/2025 Final action: 5/27/2025
Enactment date: Enactment #:
Title: RESOLUTION VACATING AN EASEMENT FOR SLOPES ON WEST THIRD STREET ALLEY AFFECTING LOTS 44, 46, AND 48, DULUTH PROPER FIRST DIVISION WEST THIRD STREET.
Attachments: 1. PLVAC-2504-0003 Cover Memo, 2. PLVAC-2504-0003 (Exhibit A) Staff Report with Attachments, 3. slopes vacation_W 3rd St alley_signed_v1 (4)
Title
RESOLUTION VACATING AN EASEMENT FOR SLOPES ON WEST THIRD STREET ALLEY AFFECTING LOTS 44, 46, AND 48, DULUTH PROPER FIRST DIVISION WEST THIRD STREET.

Body
CITY PROPOSAL:
RESOLVED, that:
(a) The city council finds a sufficient petition was filed with the city requesting the vacation described in (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 easement for slopes for cuts and fills and for retaining walls is not needed as to Lots 44, 46, AND 48, DULUTH PROPER FIRST DIVISION WEST THIRD STREET; and
(c) The city planning commission, at its Tuesday, May 13, 2025 regular meeting, recommended approval of the vacation petition (PLVAC-2504-0003); and
(d) The city council finds that the petitioned easement for slopes proposed to be vacated:
1. is not and will not be needed for slopes for cuts and fills and for retaining walls 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 the petitioned easement for slopes legally described and depicted on the attached Exhibit A; and
(f) That the city clerk is, pursuant to Section 100 (b)(7) of the Home Rule Charter of the city of Duluth, 1912, as amended, authorized to record, with the register of deeds and/or the registrar of titles of Saint Louis County, Minnesota, a certified copy of this resolution showing the easement to be vacated; and
(g) That the vacation shall lapse if this resolution is not recorded within 90 days of city council approval.

Statement of Purpose
STATEMENT OF PURPOSE: This resolution vacates an easement for slopes for cuts and fills and for retaining walls on Wes...

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