WHEREAS, a sufficient petition was filed with the city clerk requesting the vacation of Industrial Avenue legally described as: that portion of Industrial Avenue as dedicated by Document No. 152189 on August 27, 1940, across Outlot 1, Riverside Addition to 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 recommended approval of the vacation petition at its April 11, 2000, meeting.

NOW, THEREFORE, BE IT RESOLVED, that the city council of the city of Duluth approves the vacation of Industrial Avenue 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 avenue to be vacated.

STATEMENT OF PURPOSE: This resolution vacates Industrial Avenue located between Viewcrest Street and Gogebic Street in Riverside. The roadway was dedicated to the city for highway use and constructed in 1940. Utilities and the roadway were abandoned by the city in the 1980's due to a lack of need and failures of the roadbed (and portions of Viewcrest Street), due to soil conditions. Portions of this roadway between Gogebic and Lenroot Streets (west of this portion) was closed and offered for sale in the mid 1990's.

The purpose of the vacation is to facilitate construction of a new residence.

The City Planning Commission approved this vacation at its regular meeting on April 11, 2000 by a vote of 5-2. Two commissioners expressed concern that this vacation would remove the potential for intra neighborhood pedestrian access. It was noted that the Munger Trail, located 200-250 feet north of a parallel to this avenue is a more circuitous route. Pedestrian access through this portion of Industrial Avenue is faced with a steep ravine located just east of the Gogebic Street right-of-way.