00-0738R

RESOLUTION VACATING A PORTION OF WEST SECOND STREET (RAILROAD) BEHIND PROPERTY LOCATED AT 4231 WEST FIRST STREET (WHITNEY).

BY PRESIDENT GILBERT:

WHEREAS, a sufficient petition was filed with the city clerk requesting the vacation of West Second Street legally described as:  West Second Street adjoining Lots 8 and 9, Block 1, Oneota Industrial Park, Lots 9 through 16, Block 71, and Lots 9 through 16, Block 72, Oneota 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 approved unanimously the vacation petition at its October 25, 2000, meeting.

NOW, THEREFORE, BE IT RESOLVED, that the city council of the city of Duluth approves the vacation of West Second Street 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 street to be vacated.


STATEMENT OF PURPOSE:  This resolution vacates West Second Street (former BN railroad right-of-way) located behind 4231 West First Street.  The purpose of the vacation is for the expansion of Brock White Co. and RSC.

The city planning commission unanimously approved this vacation at its regular meeting on October 25, 2000.

The commission, in making its recommendation, considered the following findings:

Can it be shown that there will be no future need for this right-of-way?
Yes. This right of way was accommodated as rail access in prior plans. The rail is now abandoned and being offered for sale to adjacent owners. The need for the right of way as road or easement no longer exists. Prior actions have vacated other potions of the right-of-way.
Date Filed: October 3, 2000 Action Deadline: December 2, 2000