File #: 22-0507R    Name:
Type: Resolution Status: Passed
File created: 6/3/2022 In control: Planning and Economic Development
On agenda: 6/13/2022 Final action: 6/13/2022
Title: RESOLUTION RESCINDING RESOLUTION NO. 22-0421 AND VACATING A 16-FOOT WIDE ALLEY LYING BETWEEN BLOCKS 6 AND 11 IN THE PLAT OF DODGE'S ADDITION TO DULUTH.
Attachments: 1. Exhibit A.pdf, 2. Exhibit B.pdf, 3. Exhibit C.pdf
Title
RESOLUTION RESCINDING RESOLUTION NO. 22-0421 AND VACATING A 16-FOOT WIDE ALLEY LYING BETWEEN BLOCKS 6 AND 11 IN THE PLAT OF DODGE'S ADDITION TO DULUTH.
Body
CITY PROPOSAL:
WHEREAS, on March 29, 2022, Timothy Carter & Karen Carter-Attia petitioned the City for the vacation of a platted 16-foot wide alley lying between Blocks 6 and 11 in the plat of DODGE'S ADDITION TO DULUTH;
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 alley is not needed for public purposes; and
WHEREAS, the planning commission, at its regular meeting on May 10, 2022, recommended approval of the vacation petition; and
WHEREAS, on May 23, 2022, the city council passed Resolution No. 22-0421 and vacated the 16-foot wide alley lying between Blocks 6 and 11 in the plat of DODGE'S ADDITION TO DULUTH;
WHEREAS, it was discovered that Resolution No. 22-0421 contained an error in the legal description of the alley to be vacated within the body of the resolution, which created a discrepancy between Resolution No. 22-0421 and the exhibit attached to Resolution No. 22-0421;
WHEREAS, the cleanest and most expedient way to remedy this error is to rescind Resolution No. 22-0421 in its entirety and to restate the terms of the vacation accurately in this resolution;
NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 22-0421, passed May 23, 2022, is hereby rescinded in its entirety.
RESOLVED FURTHER, the city council finds that the platted alley proposed to be vacated:
1. is not and will not be needed for the safe and efficient circulation of automobiles, trucks, bicycles or pedestrians or otherwise for the efficient supply of utilities or public services i...

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