04-0679R


RESOLUTION VACATING A PORTION OF 42ND AVENUE WEST LOCATED SOUTH OF GRAND AVENUE (A&L PROPERTIES).

BY COUNCILOR GILBERT:

     WHEREAS, a sufficient petition was filed with the city clerk requesting the vacation of a portion of 42nd Avenue West, between Grand Avenue and West Second Street, legally described as 42nd Avenue West adjoining Lot 9, Block 2, Chandler Park Addition; Lots 8 and 16, Block 72; and Lots 1 and 9, Block 73, Oneota Addition; 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 vacation petition at its September 22, 2004, meeting (Reference File No. 04105).

     NOW, THEREFORE, BE IT RESOLVED, that the city council of the city of Duluth approve the vacation of the easement described above and as more particularly described on Public Document No. _______.

     RESOLVED FURTHER, that the full right-of-way being vacated be retained as a utility easement.

     RESOLVED FURTHER, 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 and the utility easement being retained.


STATEMENT OF PURPOSE:  This resolution vacates a portion of 42nd Avenue West, 280 feet of 42nd Avenue West (the full 80'-0" inches right-of-way), between Grand Avenue and vacated West 2nd (Traverse) Street.


The purpose of the vacation is to facilitate construction of the new West Duluth Clinic.


The city planning commission unanimously approved this easement vacation petition at its regular meeting on September 22, 2004.


There is no tax impact as a result of this vacation.