WHEREAS, a sufficient petition was filed with the city clerk requesting the vacation of a portion of Elizabeth Street located west of the intersection of Waverly Avenue, legally described as: that part of Elizabeth Street and Waverly Avenue lying northeasterly of the northeasterly line of Lot 10, Block 15 Motor Line Division, extended, and a line 66 feet southwesterly of the southwest line of Lot 28, block 11 said Motor Line Division as it intersects with the north lot line of Lot 1, Block 16 said Motor Line Division and the east edge of Block 15 truncating at the North line of Lot 6, Block 15, said Motor Line Division, extended, all within the city of Duluth, 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 partial street vacation petition at its September 27, 2000, meeting.

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

BE IT FURTHER RESOLVED, that excepting the southerly ten feet, the vacated right-of-way be retained for easements for existing utilities and storm sewers.

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:  This resolution vacates part of Elizabeth Street at the intersection with Waverly Avenue located one block west of Woodland Avenue in Motor Line Division.

The purpose of the vacation is to accommodate the construction of a new service building for UMD. The design of the vacation provides the city with a full right of way width to improve the corner of Waverly and Elizabeth as a through street. This resolution calls for retention of all but the southerly ten feet of the vacated right-of-way for existing utility and storm water easement.

The city planning commission unanimously approved this vacation at its regular meeting on September 27, 2000.