File #: 22-0924R    Name:
Type: Resolution Status: Passed
File created: 11/4/2022 In control: Planning and Economic Development
On agenda: 11/14/2022 Final action: 11/14/2022
Title: RESOLUTION VACATING CERTAIN RIGHTS-OF-WAY DEDICATED UNDER THAT CERTAIN DOCUMENT RECORDED IN THE OFFICE OF THE ST. LOUIS REGISTRAR OF TITLES ON APRIL 13, 2009 AS DOCUMENT NO. 867024, AFFECTING PROPERTY IN REGISTERED LAND SURVEY NO. 82 IN THE HARBOR HIGHLANDS NEIGHBORHOOD.
Attachments: 1. Exhibit A, 2. Exhibit B, 3. Exhibit C
Title
RESOLUTION VACATING CERTAIN RIGHTS-OF-WAY DEDICATED UNDER THAT CERTAIN DOCUMENT RECORDED IN THE OFFICE OF THE ST. LOUIS REGISTRAR OF TITLES ON APRIL 13, 2009 AS DOCUMENT NO. 867024, AFFECTING PROPERTY IN REGISTERED LAND SURVEY NO. 82 IN THE HARBOR HIGHLANDS NEIGHBORHOOD.

Body
CITY PROPOSAL:

RESOLVED, that:

(a) The city council finds a sufficient petition was filed with the city requesting the vacation of certain right-of-way and utility easements described in paragraph (e) below.

(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 (file number PL 22-115) 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 portions of the right-of-way and utility easements legally described in paragraph (e) below are useless for vehicular and pedestrian purposes, but that a portion should be retained for utility purposes.

(c) The city planning commission, at its Tuesday, August 9, 2022 regular meeting, reviewed the staff report attached in Exhibit C and recommended approval of the vacation petition subject to the retention of the aforesaid easement for utility purposes.

(d) The city council finds that the portions of the right-of-way and utility easements proposed to be vacated:

1. are not and will not be needed for the safe and efficient circulation of automobiles, trucks, bicycles, or pedestrians in the city; and

2. are 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 right-of-way and utility easements legally described on the attached Exhibit A and depicted on the attached Exhibit B, subject to the retention of the utility easement legally described on the attached Exhibit A and depicte...

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