WHEREAS, a sufficient petition was filed with the city clerk requesting the vacation of the west one-half of West Cascade Street northwest of Mesaba Avenue, legally described as: the west 1/2 of West Cascade Street adjoining Lots 10, 11, and 12 of Block 79, Duluth Proper Third Division, except that portion adjoining Lot 10, located within 25 feet of the centerline of West Sixth Street (Reference File No. 04002); 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, by a vote of 6-1, the vacation petition at its January 28, 2004, meeting.

NOW, THEREFORE, BE IT RESOLVED, that the city council of the city of Duluth approves the vacation of the west one-half of West Cascade Street 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 street to be vacated.

STATEMENT OF PURPOSE:  This resolution vacates the west 1/2 of West Cascade Street northwest of Mesaba Avenue and above the dead end portion of West Sixth Street.

The purpose of the vacation is to expand the buildable area of the adjoining property for residential development.

The city planning commission tabled action on this request following a public hearing on January 13, 2004, and approved this vacation by a vote of 6-1 at its regular meeting on January 28, 2004.

This resolution is being submitted to the council for the February 2 meeting in order to be considered in conjunction with Ordinance #04-003-O, which reclassifies the adjoining property, and Ordinance #04-005-O, which provides for the sale of the adjoining Lot 10 (subject to a development agreement) for a condominium development.