WHEREAS, a sufficient petition was filed with the city clerk requesting the vacation of Third Avenue East between 14th and 15th Streets, legally described as Third Avenue East adjoining Lots 47 and 49, Block 197, Duluth Proper Third Division, and Lots 49 and 50, Block 198, Duluth Proper Third 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 vacation petition at its October 9, 2001, meeting.

        NOW, THEREFORE, BE IT RESOLVED, that the city council of the city of Duluth approves the vacation of Third Avenue East 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 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 street to be vacated.

STATEMENT OF PURPOSE:  This resolution vacates Third Avenue East between 14th and 15th streets. The purpose of the vacation is to expand the adjoining properties.

The city planning commission unanimously approved this vacation at its regular meeting on October 9, 2001. In making their recommendation, the commission 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 extends up to and beyond the intersection with 15th Street. There are buildable properties fronting the lower side 15th Street and there are none on the upper side. Adjoining properties are either owned by petitioning property owners or are tax-forfeited due to the inability to build on the platted lots. The Minnesota department of transportation is pursuing the development of a stormwater management structure on Brewery Creek to protect the Mn/DOT properties adjacent to the creek.

Point in favor: This right of way does not provide any practical access to buildable properties.
Point in opposition: East 15th Street and Third Avenue above 15th should also be vacated.

Date Filed: September 7, 2001
Action Deadline: January 4, 2002