Title
RESOLUTION VACATING EXISTING PUBLIC PLAZA AGREEMENTS FOR LAKE SUPERIOR PLAZA TO BE REPLACED WITH UPDATED AGREEMENTS THAT ALLOW PUBLIC ACCESS. (REPLACEMENT)
Body
CITY PROPOSAL:
RESOLVED, that:
(a) The city council finds a sufficient petition was filed with the city requesting the vacation described in (d) 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 (PL 19-042) and such commission gave due notice of public hearing and did consider same in a public hearing and the city planning commission found that all of the plaza is not needed for public plaza and pedestrian passageway purposes if a replacement easement is obtained as shown on Attachment 2; and
(c) The city planning commission, at its Tuesday, May 14, 2019 regular meeting, recommended approval of the plaza vacation with the condition that the vacation shall not be final until replacement plaza easement agreements in a form approved by the Land Use Supervisor are recorded in the office of the St. Louis County Recorder, said recording to occur immediately following recording of the vacation; and
(d) Subject to Paragraphs (e) and (f) below, the city council of the city of Duluth approves the vacation of the plaza agreements for Lake Superior Plaza more particularly described in Attachment 1; and
(e) Subject to Paragraph (f) below, 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 plaza to be vacated, subject to the dedication by owner of replacement plaza easements substantially in the form of those attached hereto as Attachments 2 and 3 and the execution and delivery by owner of an Amended and Restated Lake Avenue Pl...
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