Title
RESOLUTION RESCINDING PURPORTED BUFFER ZONE CREATION IN RESOLUTION 84-0889.
Body
CITY PROPOSAL:
WHEREAS, on December 17, 1984, the city council passed Resolution 84-0889 approving Chapter 390 of Laws of Minnesota, 1984, in conformance with the requirements of Minnesota Statutes Section 645.021 Subd. 1 and purporting to dedicate buffer zone easements on certain property described in said resolution which imposed restrictions on said property, which resolution was recorded in the office of the St. Louis County recorder as document no. 388410 and in the office of the St. Louis County registrar of titles as document no. 464585; and
WHEREAS, it is necessary and appropriate for the city to confirm its approval of Chapter 390 of Laws of Minnesota, 1984, but to revoke the purported dedication in Resolution 84-0889 as legally ineffective and violative of the requirements of Section 77 of the Duluth City Charter; and
WHEREAS, on May 14, 2018, the city council held a public hearing in city council chambers of city hall at or shortly after 7:00 P.M. to consider whether to approve this resolution revoking the purported dedication at which the public was invited to present comment on this resolution; and
WHEREAS, on or before May 4, 2018, the city had caused mailed notice of said hearing to be sent to all property owners owning property within 350 feet of any of the property described in Resolution 84-0889, setting for the date, time, place and purpose of said hearing; and
WHEREAS, on May 4, 2018, the city caused to be published in the Duluth News Tribune notice of said hearing, setting for the date, time, place and purpose of said hearing.
RESOLVED, that the city council hereby confirms Resolution 84-0889 insofar as it approves Chapter 390 of Laws of Minnesota, 1984; and
RESOLVED FURTHER, that except as provided for above, Resolution 84-0889 is hereby rescinded in its entirety and shall be deemed to be of no further force and effect.
Statement of Purpose
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