00-0205R

RESOLUTION VACATING THE EAST AND WEST SEVEN FEET OF 39TH AVENUE WEST AND THE SUPERIOR STREET ALLEY BETWEEN 38TH AND 39TH AVENUES WEST (DEDA).

BY PRESIDENT GILBERT:

WHEREAS, Duluth economic development authority has filed a sufficient petition with the city clerk requesting the vacation of portions of 39th Avenue West and the alley between 38th and 39th avenues West between West Michigan and Superior streets legally described as:

The westerly 125 feet of the alley between and adjacent to Lots 1 through 5, Block 6, and Lots 1 through 5, Block 7, Harrington's Addition, St. Louis County, Minnesota; and the easterly and westerly seven feet of 39th Avenue West between West Superior Street and West Michigan Street, adjacent to Lot 1, Block 5, Lot 1, Block 8, Lot 1, Block 6, and Lot 1, Block 7, Harrington's Addition, St. Louis County, Minnesota; 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 March 14, 2000, meeting.

NOW, THEREFORE, BE IT RESOLVED, that the city council of the city of Duluth approve the vacation of portions of 39th Avenue West and the alley between 38th and 39th avenues West between West Michigan and Superior streets 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 registrar 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 alley to be vacated.



STATEMENT OF PURPOSE: This resolution vacates portions of 39th Avenue West and the alley between 38th and 39th avenues West between West Michigan and Superior streets.

The purpose of the vacation is to clear title to the property and to facilitate redevelopment.

The city planning commission unanimously approved this street and alley vacation at its regular meeting on March 14, 2000. The commission recommended approval of the vacation with the understanding that the appropriate city departments will accomplish the following: 1) implementation of the city engineering division plan for signage and traffic diverters to provide two way traffic on Michigan Street between 37½ and 39th avenues to accommodate patron access as well as emergency vehicle access; and 2) DEDA will provide for either an access to the remaining alley from Superior Street or an adequate turn-around on the DEDA property to ensure continued maintenance of the remaining portion of the alley.