00-0479R

RESOLUTION VACATING PORTIONS OF STREET AND ALLEYS FOR PROPERTY LOCATED AT 503 NORTH 50TH AVENUE WEST (MENARD, INC.).

BY PRESIDENT GILBERT:

WHEREAS, a sufficient petition was filed with the city clerk requesting the vacation of portions of streets and alleys legally described as:

(a) Superior Street between 48th and 49th Avenues West; adjoining Block 160; Block 174; lots 1 through 8, Block 176; and lots 11 through 8, Block 178, all in Oneota Division;

(b) 48th Avenue West between Superior Street and West Second Street; lying southerly of the Centerline of Second Street; Westerly of the easterly right of way line of Superior Street as Platted with Oneota Industrial Division First Addition and the northerly of the easterly extension of the Southerly line of Block 176, West Duluth Seventh Division;

(c) Wadena Street alley between 51st Avenue West and 51st alley; That part of the alley in Block 171, West Duluth Seventh Division, Lying between the northerly extension of the westerly line of Lot 31, said Block 171 and the westerly right of way line of 51st Avenue West;

(d) 51st alley between 51st and 52nd Avenues West: That part of the alley between Blocks 170 and 171, West Duluth, Seventh Division, lying between the westerly extension of the northerly line of Lot 20, said Block 171 and the westerly extension of the southerly line of Lot 23, said Block 171;

(e) Portion of 49th and 52nd Avenue West; beginning at the most easterly corner of Lot 4, Block 171, West Duluth, Seventh Division, thence northeasterly along the southerly line of said Lot 4 a distance of 80 feet to the northeasterly line of 49th Avenue West; thence northwesterly along said northeasterly line a distance of 139.17 feet to the centerline of Second Street; thence southwesterly on and along said centerline a distance of 172.34 feet to the easterly line of Elinor Street; thence southeasterly along said right-of-way line a distance of 59.9 feet to the easterly line of 52nd Avenue West; thence north along said east line to the northwesterly corner of Lot 1, Block 171, thence northeasterly along the north line of said Lot 1 to the northern most corner of said Lot 1; thence south easterly along the westerly line of 49th Avenue West to the point of beginning;

(f) Rene Street alley between 48th and 49th Avenues West; the south half of the alley between 48th Avenue West and 49th Avenues West and adjacent to Block 173, West Duluth, Seventh Division, and Block 58, Oneota 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 approved unanimously, the street and alley vacation petition at its June 28, 2000, meeting.

NOW, THEREFORE, BE IT RESOLVED, that the city council of the city of Duluth approves the vacation of:

(a) Superior Street between 48th and 49th Avenues West;

(b) 48th Avenue West between Superior Street and West Second Street

(c) Wadena Street alley between 51st and 52nd;

(d) 51st Alley between 51st and 52nd;

(e) Portion of 49th and 52nd Avenue West;

(f) Rene Street alley between 48th and 49th Avenues West; described above and retaining utility easements for existing facilities, as more particularly described on Public Document No. __________ (Exhibits a through f).

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 streets and alleys to be vacated and the utility easements being retained.

STATEMENT OF PURPOSE:  This resolution vacates portions of streets and alleys located in and around the Spirit Valley Menard's store building and parking lot.

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

The City Planning Commission unanimously approved these vacations at its regular meeting on June 28, 2000.