00-0640R

RESOLUTION VACATING LOMBARD ST. BETWEEN 40TH AND 41ST AVENUES EAST (BERG).

BY PRESIDENT GILBERT:

WHEREAS, a sufficient petition was filed with the city clerk requesting the vacation of Lombard Street between 40th and 41st Avenues East legally described as: Lombard Street adjacent to Lots 3 through 8, Block 2 and Lots 9 through 12, Block 10, London Addition; and

WHEREAS, pursuant to Section 100 of the City Charter and Article IV of Chapter 45 of the Duluth City Code, 195,9 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 vacation petition at its September 12, 2000, meeting.

NOW, THEREFORE, BE IT RESOLVED, that the city council of the city of Duluth approves the vacation of Lombard Street described above, and as more particularly described on Public Document No._______.

BE IT FURTHER RESOLVED, that a utility easement be retained over the northerly ten feet from the west line of 41st Avenue East to a point 20 feet westerly.

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 and the easement to be retained.


STATEMENT OF PURPOSE:  This resolution vacates Lombard Street between 41st Avenue East and the easterly right-of-way line of the DM&IR railroad right-of-way, retaining an easement over the northerly ten feet from the west line of 41st Avenue East to a point 20 feet westerly.

The purpose of the vacation is to allow the petitioner at 25 North 41st Avenue East to build a garage on a portion of the vacated right-of-way.

The city planning commission unanimously approved this street vacation at its regular meeting on September 12, 2000.