04-0387R

RESOLUTION VACATING 48TH AVENUE WEST BETWEEN ONEOTA STREET AND THE ALLEY SOUTHEASTERLY EXCEPT FOR UTILITY EASEMENT (KLEIMAN).

BY COUNCILOR GILBERT:

WHEREAS, a sufficient petition was filed with the city clerk requesting the vacation of 48th Avenue West between Oneota Street and the alley southeasterly, a segment of street right of way 132 feet long, except for utility easement, legally described as 48th Avenue West adjoining Lot 1 of Block 18, Oneota Division, and Lot 8, Block 17, Oneota Division, retaining a utility easement described as that portion adjoining the southeasterly 20 feet of the described lots; 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 unanimous vote, the 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 48th Avenue West between Oneota Street and the alley southeasterly, except for utility easement, 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 48th Avenue West between Oneota Street and the alley southeasterly, a segment of street right of way 132 feet long. A utility easement is to be retained across the southeasterly 20 feet of the vacated section to protect an existing sanitary sewer line. The purpose of the vacation is to make the property available for the adjoining property owners to use for additional parking and green space. The City Planning Commission held a public hearing on April 13, 2004 and approved this vacation by a unanimous vote.