00-0003R
RESOLUTION VACATING FOURTH AVENUE WEST BETWEEN WEST 12TH STREET AND WEST 13TH STREET (SHOCKLEY COMMUNICATIONS).
BY COUNCILOR NESS:

WHEREAS, a sufficient petition was filed with the city clerk requesting the vacation of Fourth Avenue West between West 12th Street and West 13th Street legally described as:  Fourth Avenue West adjoining Blocks 3 & 4, Summit Park Division and Blocks 177 & 178, Duluth Proper, Third Division; and

WHEREAS, pursuant to Section 100 of the City Charter and Article IV of Chapter 45 of the Duluth City Code, 1959 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 public hearing; and

WHEREAS, the city planning commission approved unanimously the street vacation petition at its December 15, 1999, meeting.

NOW, THEREFORE, BE IT RESOLVED, that the city council of the city of Duluth approves the vacation of the street described above, and as more particularly described on Public Document No.___________.

BE IT FURTHER RESOLVED, that the city clerk is hereby directed to record, with the register of deeds and/or the registrar of titles of St. Louis County, Minnesota, a certified copy of this resolution together with a plat showing the portion of the street to be vacated.



STATEMENT OF PURPOSE: This resolution vacates one block length of 4th Avenue West between West 12th Street and West 13th Street. This is an unimproved street easement in the antenna farm.

The purpose of the vacation is to facilitate future construction of a new antenna tower and supporting guy wires. The council can expect to see a special use permit request sometime in 2000 for the tower.

The City Planning Commission unanimously approved this street vacation at its regular meeting on December 15, 1999.