01-0378R

RESOLUTION VACATING PORTIONS OF STREET AND ALLEYS FOR PROPERTY LOCATED AT 503 NORTH 50TH AVENUE WEST (MENARD, INC.); RESCINDING RESOLUTION 00-0479.

BY COUNCILOR STENBERG:

        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 180; Block 174; Lots 1 through 8, Block 176; and Lots 1 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 48th Avenue West as platted with Oneota Industrial Park First Addition and 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 52nd 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)     52nd Alley between 51st and 52nd Avenues West: that part of the alley between Block 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, retaining the vacated portion as utility easement;
        (e)     Portion of 49th and 52nd Avenues West: beginning at the most easterly corner of Lot 4, Block 171, West Duluth Seventh Division, thence northeasterly along the extension of 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 a distance of 73.74 feet to a point; 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 southeasterly along the westerly line of 49th Avenue West to the point of beginning; retaining all of 52nd Avenue West and Second Street as utility easement;
        (f)     Second Street Alley between 48th and 49th Avenues West: the south half of the alley between 48th Avenue West and 49th Avenue 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)     52nd Alley between 51st and 52nd;
        (e)     Portion of 49th and 52nd Avenues West;
        (f)      Second Street Alley between 48th and 49th Avenues West; described above and retaining utility easements for existing facilities, as described above.

        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.

        BE IT FURTHER RESOLVED that Resolution 00-0479, passed July 10, 2000, is rescinded in its entirety.



STATEMENT OF PURPOSE:  This resolution vacates portions of streets and alleys located in and around the Spirit Valley Menards store building and parking lot. On July 10, 2000, the city council passed Resolution 00-0479 that purported to vacate the desired streets and alleys, but it contained a number of wrong names and technical errors which were caught by engineering staff before the vacation was filed. This resolution corrects these defects and rescinds the former resolution. 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. The maps before the planning commission showing the vacations were correct so it is clear they intended to vacate what this resolution now actually is vacating.