00-0185R

RESOLUTION AMENDING RESOLUTION NO. 99-0334 VACATING A PORTION OF MYRTLE STREET LOCATED EAST OF BASSWOOD AVENUE (WRAZIDLO).

BY PRESIDENT GILBERT:

WHEREAS, a sufficient petition was filed with the city clerk requesting the vacation of that portion of Myrtle Street legally described as: Myrtle Street adjoining Lots 1 and Lot 16, Block 32, including vacated alley, and Lots 8 and 9, Block 23, Duluth Heights sixth 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 unanimously approved the vacation petition at its April 13, 1999, meeting.

NOW, THEREFORE, BE IT RESOLVED, that the city council of the city of Duluth approves the vacation of that portion of Myrtle Street described above, and as more particularly described on Public Document No. 99-0510-12.

BE IT FURTHER RESOLVED that a 30 foot wide utility easement, ten feet south of the centerline and 20 feet north of the centerline of Myrtle Street be retained.

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: Resolution 99-0334 was previously adopted by the City Council on May 10, 1999. The Public Works Department subsequently determined a need to retain a larger easement area than provided in the May 10 action. This replacement resolution was unanimously approved by the Planning Commission on February 23, 2000.

This resolution vacates a portion of Myrtle Street and retains utility easements, located one block north of Central Entrance and East of Basswood Avenue. The purpose of the vacation is to facilitate the development of a 3,000 sq. ft. retail business.