04-0282R

RESOLUTION VACATING PORTIONS OF THE UNIMPROVED RICE AVENUE AND ASH AVENUE RIGHT-OF-WAY, NORTHWEST OF GARFIELD AVENUE (SHERMAN/BN LEASING CORPORATION).

BY COUNCILOR GILBERT:

WHEREAS, a sufficient petition was filed with the city clerk requesting the vacation of portions of unimproved Rice and Ash avenues rights-of-way, approximately 200 feet northwest of Garfield Avenue legally described as: all of Rice Avenue lying north of the south line of Ash Avenue, and that portion of Ash Avenue adjoining Lots 40 and 42, Rice Avenue, North Albert Posey Tract according to the recorded plat thereof on file in St. Louis County, Minnesota; 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 April 13, 2004, meeting.

NOW, THEREFORE, BE IT RESOLVED, that the city council of the city of Duluth approves the vacation of the 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 streets to be vacated.


STATEMENT OF PURPOSE:  This resolution vacates portions of unimproved Rice and Ash avenues right-of-way, approximately 200 feet northwest of Garfield Avenue. (PC FN 04027)

The purpose of the vacation is to sell the property to Garfield Business Park, LLC, to be improved with an office/warehouse development. The application states, "the city of Duluth will not need this street in the future because the streets have never been opened and do not connect with any other streets."

The city planning commission unanimously approved this partial street vacation petition at its regular meeting on April 13, 2004.