04-0503R

RESOLUTION VACATING 40TH AVENUE EAST FORMERLY KNOWN AS WEST AVENUE AND ASSOCIATED PEDESTRIAN AND UTILITY EASEMENTS SOUTH OF LONDON ROAD, THE VACATION OF A 12 FOOT UTILITY EASEMENT AND DEDICATION OF A NEW 20 FOOT UTILITY EASEMENT AT LAKESHORE HOME IN DULUTH (LAKESHORE/ KORZENDORFER).

BY COUNCILOR GILBERT:

WHEREAS, a sufficient petition was filed with the city clerk requesting the vacation of 40th Avenue East, formerly West Avenue, south of London Road, legally described as 40th Avenue East, formerly known as West Avenue, south of London Road, and all that part of London Addition to Duluth and East Duluth Rearrangement lying easterly of Lot 5 and westerly of the east line of said plat, and the platted public drive easement in Lot 5 and the ten foot wide electric easement across the easterly ten feet of Lot 5, London Addition to Duluth and East Duluth Rearrangement, per Exhibit A; vacation of an existing 12 foot public utility easement per Exhibit B and dedication of a new 20 foot public utility easement per Exhibit C; 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 unanimously approved the street, pedestrian and utility vacations and new easement dedication petition at its June 23, 2004, meeting.

NOW, THEREFORE, BE IT RESOLVED, that the city council of the city of Duluth approves the vacation of 40th Avenue East south of London Road formerly known as West Avenue and adjacent easements as described above and per Exhibit A, and as more particularly described in Public Document No. ________.

RESOLVED FURTHER, that the city council of the city of Duluth approves the vacation of a 12 foot public utility easement per Exhibit B, as described in Public Document No. ____________.

RESOLVED FURTHER, that the city council of the city of Duluth approves the dedication of a 20 foot replacement public utility easement per Exhibit C, as described in 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, the utility easement to be vacated and the replacement public utility easement to be dedicated.


STATEMENT OF PURPOSE:  This resolution vacates 40th Avenue East formerly known as West Avenue, south of London Road, vacates a 12 foot public utility easement and dedicates a new 20 foot utility easement.

This petition received a unanimous approval of the Duluth planning commission at its regular meeting on June 23, 2004.