04-0012R

RESOLUTION VACATING A PORTION OF THE SUPERIOR STREET ALLEY BETWEEN 38TH AND 39TH AVENUES WEST (DULUTH ECONOMIC DEVELOPMENT AUTHORITY).

BY COUNCILOR JOHNSON:

WHEREAS, the Duluth economic development authority has filed a sufficient petition with the city clerk requesting the vacation of a portion of the alley between 38th and 39th Avenues West between West Michigan and Superior Streets legally described as the alley between and adjoining Lots 6 - 13, Block 6, and Lots 6 - 14, Block 7, Harrington's Addition (Reference File No. 03136); 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 December 9, 2003, meeting.

NOW, THEREFORE, BE IT RESOLVED, that the city council of the city of Duluth approves the vacation of a portion of the alley between 38th and 39th Avenues West between West Michigan and Superior Streets described above and as more particularly described on Public Document No._______.

RESOLVED FURTHER, 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 the remaining portion of the alley between 38th and 39th avenues West between West Michigan and Superior streets. Previous actions in 2000 vacated the westerly 125 feet of the alley in this block. This vacation will eliminate the balance of the alley easement in this block, clear title to the property and facilitate redevelopment of the Oneota III Industrial Park. The city planning commission unanimously approved this alley vacation at its regular meeting on December 9, 2003.