Title
RESOLUTION VACATING A PORTION OF STREET RIGHT OF WAY AND ACCEPTING STREET AND UTILITY EASEMENTS FOR WEST SECOND STREET EAST OF 40TH AVENUE WEST (RMN LLLP).
Body
CITY PROPOSAL:
RESOLVED, that:
(a) The city council finds a sufficient petition was filed with the city requesting the vacation described on Exhibit A attached hereto and made a part hereof; 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 this portion of the street easement is useless for all purposes; and
(c) The city planning commission, at its Tuesday, May 12, 2015 regular meeting, recommended approval of the vacation petition; and
(d) The city council of the city of Duluth approves the vacation of the platted easement, described below, maintaining a public utility easement and subject to the provisions of paragraph (e) below:
LEGAL DESCRIPTION OF RIGHT OF WAY VACATION
See attached Exhibit A;
(e) That the vacation authorized pursuant to paragraph (d) above is conditioned on the conveyance and dedication by RMN LLLP to the city in trust for the general public of that property legally described on Exhibit B attached hereto and made a part hereof for street and utility purposes and that easement for utility purposes legally described on Exhibit C attached hereto and made a part hereof, the acceptance of which is hereby authorized; 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 platted easement to be vacated and the above-referenced deeds of conveyance and dedic...
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