Title
RESOLUTION VACATING A 66 FOOT WIDE AND 140 FOOT LONG PLATTED RIGHT OF WAY KNOWN AS 49TH AVENUE EAST IN THE PLAT OF CROSLEY PARK ADDITION TO DULUTH.
Body
CITY PROPOSAL:
RESOLVED, that:
(a) The city council finds a sufficient petition was filed with the city requesting the vacation described in (e) below; 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 the petitioned street is not needed; and
(c) The city planning commission, at its Tuesday, December 12, 2023, regular meeting, recommended approval of the vacation petition (PL 23-187); and
(d) The city council finds that the road proposed to be vacated:
1. is not and will not be needed for vehicular, pedestrian, or utility purposes; and
2. 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 petitioned street as shown in Exhibit A; and
(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 showing the easement to be vacated; and
(g) That the vacation shall lapse if this resolution is not recorded within 90 days of city council approval.
Statement of Purpose
STATEMENT OF PURPOSE:
This resolution vacates a platted right of way know as 49th Avenue East. The street was platted but never utilized for its intended purpose. The right of way is not needed for street, pedestrian, or utility use.
On December 12, 2023, the Duluth city planning commission held a public hearing on...
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