Title
RESOLUTION VACATING A 10 FOOT WIDE PEDESTRIAN EASEMENT OVER LOT 5, KELSO'S REARRANGEMENT OF BLOCKS 1 AND 2 OF SARGENT'S REARRANGEMENT OF BLOCKS 16, 17, 18 LONDON ADDITION TO DULUTH, AND ACCEPTING DEDICATION OF A REPLACEMENT 15 FOOT WIDE PEDESTRIAN EASEMENT ALONG THE NORTH SIDE OF THE CAMBRIDGE STREET ALLEY ADJACENT TO NORTH 45TH AVENUE EAST.
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CITY PROPOSAL:
WHEREAS:
(a) The city council finds a sufficient petition was filed with the city requesting the vacation described in (b) 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 19-033) and such commission gave due notice of public hearing and did consider same in a public hearing and the city planning commission found that the pedestrian easement registered in the Office of the St. Louis County Registrar of Titles on April 23, 1986 as Document No. 475683 (the "Existing Easement") is not needed for public pedestrian use, and a replacement easement was offered by the applicant as shown on the attached Exhibit 2; and
(c) The city planning commission, at its Tuesday, May 14, 2019 regular meeting, recommended approval of the vacation of the Existing Easement conditioned on the dedication and recording of a replacement 15 foot wide pedestrian easement along the north side of the Cambridge Street Alley adjacent to North 45th Avenue East, as legally described in Exhibit 2 (the "Replacement Easement").
NOW, THEREFORE, BE IT RESOLVED:
(a) Subject to Paragraphs (b) and (c) below, the city council of the city of Duluth approves the vacation of the Existing Easement, as legally described in the attached Exhibit 1; and
(b) The proper city officials are hereby authorized to accept a permanent easement for pedestrian ingress and egress purposes, substantially in the form attached as Exhibit 2, from St. Francis of Assisi, Inc., over the real property legally desc...
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