Title
RESOLUTION VACATING A PORTION OF 32ND AVENUE WEST IN THE PLAT OF OHARA'S DIVISION OF DULUTH, RETAINING A DRAINAGE AND UTILITY EASEMENT OVER THE ENTIRE PORTION OF THE VACATED AREA.
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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 shown in the attached Exhibit A; 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 and such commission gave due notice of public hearing and did consider same in a public hearing and the city planning commission found that this portion of the street easement is not needed for public street purposes; and
(c) The city planning commission, at the Tuesday, April 13, 2021 regular meeting, recommended approval of the vacation petition; and
(d) The city council finds that the portion of the street proposed to be vacated:
1. Is not needed for street or pedestrian use;
2. There is a sewer and stormwater infrastructure within this portion of 23nd Avenue West, necessitating a utility easement over the entire area to be vacated;
3. Is not and will not be needed for the safe and efficient circulation of automobiles and trucks, in the City; and
4. Is not otherwise needed to promote the public health, safety or welfare of the citizens of Duluth.
(e) The city council of the city of Duluth approves the vacation of the platted easement legally described and depicted on the attached Exhibit A, subject to the retention of a utility easement over the area legally described and depicted on the attached Exhibit A.
(f) 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 showin...
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