Title
RESOLUTION RESCINDING RESOLUTION NO. 21-0174 AND VACATING A PORTION OF A RETAINED UTILITY EASEMENT OVER VACATED WEST MICHIGAN STREET IN THE PLAT OF DULUTH PROPER, SECOND DIVISION.
Body
CITY PROPOSAL:
WHEREAS, on August 24, 2020, the city council passed Resolution No. 20-0651 that vacated a portion of West Michigan Street in the plat of Duluth Proper, Second Division subject to the retention of the utility easement over the entire area to be vacated; and
WHEREAS, a certified copy of Resolution No. 20-0651 was recorded in the Office of the St. Louis County Registrar of Titles on September 16, 2020 as Document No. 1029045 and the Office of the St. Louis County Recorder on September 18, 2020 as Document No. 1390843; and
WHEREAS, on February 16, 2021, Duluth Lincoln Park 1 LLC, petitioned the Duluth city council for the vacation of a portion of the retained utility easement over vacated West Michigan Street in the plat of Duluth Proper, Second Division; 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 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
WHEREAS, the planning commission, at its regular meeting on March 9, 2021, recommended approval of the vacation petition; and
WHEREAS, the city council passed Resolution No. 21-0174 on March 22, 2021, but a certified copy of said resolution was not filed with the St. Louis County Recorder and Registrar of Titles; and
WHEREAS, in May 2021, it was discovered that Resolution No. 20-0651 contained an typographical error in the body of the resolution while the legal description in the exhibit attached to Resolution No. 20-0651 did not contain the error; and
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