Title
RESOLUTION VACATING A UTILITY EASEMENT IN THIRTY-EIGHTH AVENUE EAST LYING NORTH OF LONDON ROAD IN THE PLAT OF REARRANGEMENT OF PART OF EAST DULUTH AND OF FIRST ADDITION TO EAST DULUTH.
Body
CITY PROPOSAL:
WHEREAS, the city council, on December 2, 1925, vacated, among other areas, the portion of 38th Avenue East lying between the north line of London Road and the south line of Jefferson Street while retaining an easement for sewer, water and gas and other public utilities over the entire vacated area (the "1925 Vacation"); and
WHEREAS, the city council finds a sufficient petition was filed with the city requesting the vacation legally described and depicted on the attached Exhibit A; and
WHEREAS, 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 20-027) 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 portion of the utility easement legally described and depicted on the attached Exhibit A is useless for utility purposes; and
WHEREAS, the city planning commission, at its Tuesday, April 14, 2020 regular meeting, recommended approval of the vacation petition; and
NOW, THEREFORE, BE IT RESOLVED, that the city council of the city of Duluth approves the vacation of a portion of the easement for sewer, water and gas and other public utilities that was retained during the 1925 Vacation, as legally described and depicted on the attached Exhibit A on the condition that the plat of LONDON EAST is approved and recorded in the real estate records of St. Louis County, Minnesota by May 31, 2022.
FURTHER RESOLVED, that if the plat of LONDON EAST is not approved and recorded in the real estate records of St. Louis County by May 31, 2022, then this vacation is null and void and of no further effect.
FURTHER RESOLVED,...
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