00-0179R

RESOLUTION AMENDING RESOLUTION NO. 99-0545 VACATING A PORTION OF SUMMIT AVENUE/11TH AVENUE WEST BETWEEN FIRST AND SECOND STREETS; PROPERTY LOCATED AT 123 NORTH 11TH AVENUE WEST (CHILDS).

BY PRESIDENT GILBERT:

WHEREAS, a sufficient petition was filed with the city clerk requesting the vacation of a portion of North 11th Avenue West legally described as that portion of 11th Avenue West according to the Plat of Duluth Proper Second Division, located west of a line described as follows: commencing at the southern most corner of Lot 182, Block 67, Duluth Proper Second Division, thence, northerly on and along the west line of Lot 182 a distance of 30 feet thence turning 90 degrees east to the west right-of-way line of Summit Avenue/11th Avenue West which is the point of beginning; thence continuing easterly to a point three feet east of said west right-of-way line; thence turning 90 degrees north to a point of intersection with the west right of way line of said Summit Avenue/Eleventh Avenue West; thence southerly along the westerly right of way line of said Summit Avenue/11th Avenue West to the point of beginning and there terminating; 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 vacation petition at its June 23, 1999 meeting.

NOW, THEREFORE, BE IT RESOLVED, that the city council of the city of Duluth approves the vacation of that portion of 11th Avenue West described above, and as more particularly described on Public Document No. 99-0712-14.

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: The original resolution vacated a 7 foot by 35 foot portion of the west side of Summit Ave/11th Ave. West. This amended resolution vacates a 3 foot by 20 foot portion of the avenue. The basis for this replacement resolution was the discovery, by the Engineering Division, that Summit Avenue/11th Avenue West is only a 60 foot right of way, not 66 feet as presented in the petition. This resolution replaces the original action to reflect the true right of way width and minimize the amount of vacation to address the true encroachment. This encroachment includes an area 1' east and 8' south of the structure at 123 North 11th Avenue West.

The purpose of the vacation is to clear title to the property due to building encroachment into the street right-of-way.

The City Planning Commission unanimously approved this partial street vacation at its regular meeting on February 23, 2000.

The original Resolution 99-0545 was unanimously adopted by the City Council on July 12, 1999