WHEREAS, a sufficient petition was filed with the city clerk requesting the vacation of 84th Avenue West between Grand Avenue and the Willard Munger State Trail, legally described as:  84th Avenue West adjoining Blocks 40 and 41, Nortons Fairmount Park Division, Duluth; 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 84th Avenue West described above, and as more particularly described on Public Document No.__________.

BE IT FURTHER RESOLVED, that the northerly ten feet and ten feet each side of the centerline of said 84th Avenue West be retained as a utility easement.

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 and the utility easements being retained.

STATEMENT OF PURPOSE: This resolution vacates 84th Avenue West, on the lower side of Grand Avenue, as a street easement (50' in width) and retains the northerly 10 feet, adjacent to the south right of way line of Grand Avenue and the center 20 feet of the vacated portion of 84th as a utility easement.

The purpose of the vacation is to facilitate and enhance the building ability of the adjoining lots.

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