Title
RESOLUTION RESCINDING RESOLUTION NO. 18-0393 AND VACATING A PORTION OF SUPERIOR STREET IN THE PLAT OF WEST DULUTH SEVENTH DIVISION.
Body
CITY PROPOSAL:
WHEREAS, on March 28, 2018, Menard, Inc., petitioned the Duluth city council for the vacation of a portion of West Superior Street adjacent to property owner in the West Duluth Seventh Division plat; and
WHEREAS, the petitioner was seeking to vacate a portion of the platted right of way in preparation for replatting of property at 503 North 50th Avenue West; and
WHEREAS, the planning commission, at a public hearing on April 10, 2018, recommended approval of the vacation resolution; and
WHEREAS, the city council passed Resolution No. 18-0393R on May 14, 2018; and
WHEREAS, Resolution No. 18-0393 erroneously omitted the condition that the Superior Street area being vacated must be rededicated in a new plat; and
WHEREAS, the clearest and most expedient way to remedy this error is to rescind Resolution No. 18-0393R and to restate the terms of the vacation accurately in this resolution;
NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 18-0393, passed May 14, 2018, is hereby rescinded in its entirety.
RESOLVED FURTHER, that the city council of the city of Duluth approves the vacation described below and shown in Attachment 1 on the condition that the plat of Menard Duluth Addition is approved and record with St. Louis County, Minnesota by December 31, 2018:
AREA TO BE VACATED:
Beginning at the most easterly corner of Lot 10, Block 176, West Duluth Seventh Division according to the plat on file and of record in the Office of the County Recorder, St. Louis County, Minnesota; thence south 43 degrees 47 minutes 36 seconds west assumed bearing along the southeasterly line of said Block 176 a distance of 59.92 feet to the most easterly corner of Lot 8, Block 176, of said West Duluth 7th Division; thence south 46 degrees 11 minutes 30 seconds east...
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