WHEREAS, a sufficient petition was filed with the city clerk requesting the vacation of the northerly and southerly ten feet of 27th Street south legally described as the northerly ten feet of 27th Street South adjoining Lot 159, Minnesota Avenue and Lot 160, St. Louis Avenue, Lower Duluth; and the southerly ten feet of 27th Street South adjoining Lot 161, Minnesota Avenue, and Lot 162, St. Louis Avenue Lower Duluth (Reference File No. 4077); 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 8-1-1, the easement vacation petition at its regular August 25, 2004, meeting.

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

     RESOLVED FURTHER, that this resolution shall become effective upon the recording of the easement agreement, Public Document No._______, with the register of deeds and/or the registrar of titles of St. Louis County, Minnesota.

     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 easement to be vacated.

STATEMENT OF PURPOSE:  This resolution vacates the northerly and southerly ten feet of 27th Street South on Park Point.

The purpose of the vacation is to facilitate remodeling and expansion of the house at 2635 Minnesota Avenue, leaving a 40-foot-wide public right-of-way from the avenue to the bay.

The city planning commission recommended approval of this easement vacation petition by a vote of 8-1-1, at its regular meeting on August 25, 2004, on the basis of the following considerations:

The adjoining properties will self-impose the following deed restrictions on their properties relating to the portion of the street easement NOT BEING VACATED;

     1. There will be no sight barriers/obstructions (buildings-fences-vehicles-boats-new plantings)placed or erected within the unvacated right of way;

     2. The existing obstructions (buildings and fences) within the will be promptly removed;

     3. The adjoining property owners waive their right of protest to any public pedestrian improvements within the remaining public easement; and

     4. The vacation of the right-of-way shall not be effective until these restrictions are recorded with the St. Louis County Recorder.

This recommended action provides for the following:

     1. The “preservation” of a 40-foot-wide right-of-way cannot be further “obstructed”;

     2. The 40-foot wide “vista” will be cleared of any “non natural” existing “obstructions”;

     3. The right-of-way is maintained for future public use;

     4. Should the council determine a need to improve the remaining easement, the adjoining property owners forgo their right to protest the improvement;

     5. The potential building separation of at least 50 feet (vs 70') is established; and

     6. The reduced right-of-way limits the type of public improvement to something less than a street or parking lot. Only bay access (via pedestrian improvements) would be possible.

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