WHEREAS, a sufficient petition was filed with the city clerk requesting the vacation of a portion of 38th Avenue East at the intersection of East Third Street legally described as: that portion of 38th Avenue East adjacent to Lots 18 and 19, Block 11, Crescent View Park Division, lying southerly of the following described line: beginning at the northwest corner of Lot 11, Block 11, Plat of Crescent View Park Division; thence easterly along north line of Lot 11, Block 11, 83.69 feet; thence continuing along same bearing to west right-of-way of Third Street there terminating; 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 June 12, 2001, meeting;

        NOW, THEREFORE, BE IT RESOLVED, that the city council of the city of Duluth approve the vacation of a the portion of 38th Avenue East at intersection of East Third 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 alley to be vacated.

STATEMENT OF PURPOSE:  This resolution vacates a portion of 38th Avenue East at East Third Street. The purpose of the vacation is to enlarge the adjacent properties and provide for a buildable area for a new residence.  The city planning commission unanimously approved this alley vacation at its regular meeting on June 12, 2001.

Date Filed: May 18, 2001
Action Deadline: September 16, 2001