Title
RESOLUTION VACATING A PLATTED UTILITY EASEMENT IN OUTLOT 1 IN THE PLAT OF RIVERSIDE AND ACCEPTING A UTILITY, STORM WATER AND DRAINAGE EASEMENT OVER THE SAME.
Body
CITY PROPOSAL:
WHEREAS, the city council finds a sufficient petition was filed with the city requesting the vacation of utility easement legally described below;
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 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 utility easement described below is not needed for public purposes;
WHEREAS, the city planning commission, at its regular meeting on Tuesday, October, 12, 2021, recommended approval of the vacation petition; and
WHEREAS, the city council finds that the utility easement proposed to be vacated:
(i) is not and will not be needed for the safe and efficient circulation of automobiles, trucks, bicycles, or pedestrians or the efficient supply of utilities or public services in the city; and
(ii) is not otherwise needed to promote the public health, safety or welfare of the citizens of Duluth.
NOW, THEREFORE, BE IT RESOLVED that the city council of the city of Duluth approves the vacation of the utility easement legally described and depicted on the attached Exhibit 1, contingent on the dedication of replacement utility easements, substantially in the easement agreement attached as Exhibit 2.
FURTHER RESOLVED, that the city council of the city of Duluth accepts perpetual easements for utility, storm water and drainage purposes, substantially in the form attached as Exhibit 2, from Ronald A. Weber and Marie A. Weber, a married couple, over, under and across the real property: (i) legally described and depicted on Exhibit A attached to Exhibit 2 and (ii) legally described on Exhibit B attached t...
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