TITLE
RESOLUTION RESCINDING RESOLUTION NO. 16-0875 AND VACATING CERTAIN RIGHTS OF WAYS WITHIN THE PLAT OF AIRPORT DIVISION WITH THE RETENTION OF UTILITY EASEMENTS.
BODY
WHEREAS, on January 21, 2016, the city of Duluth petitioned for the vacation of certain platted rights of way in the plat of Airport Division; and
WHEREAS, the city of Duluth desired to vacate the platted rights of way in preparation for a structure to be built on the property; and
WHEREAS, the planning commission, at a public hearing on February 9, 2016, recommended approval of the proposed vacations; and
WHEREAS, the city council passed Resolution No. 16-0875 on December 12, 2016 to vacate certain rights of way with the retention of certain utility easements; and
WHEREAS, Resolution No. 16-0875 contained references for the retention of both utility and pedestrian easements; and
WHEREAS, there is not a need to retain pedestrian easements over, under, or across the proposed rights of way to be vacated; and
WHEREAS, the clearest and most expedient way to remedy this error is to rescind Resolution No. 16-0875 and to restate the terms of the vacation accurately in this resolution;
NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 16-0875, passed December 12, 2016, is hereby rescinded in its entirety.
RESOLVED FURTHER, that the city council of the city of Duluth approves the vacation of the rights of way described below and depicted on the attached Exhibits A and B with the retention of utility easements over, under, and across the vacated areas:
All that part of the 20.00 foot wide right of way lying between Lots 2 and 3, Block 4, AIRPORT DIVISION, according to the recorded plat thereof, St. Louis County, Minnesota;
AND
All that part of Vandenberg Drive lying between Blocks 2 and 3, AIRPORT DIVISION, according to the recorded plat thereof, St. Louis County, Minnesota;
AND
All that part of the 33 foot wide alley lying southerly and adjace...
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