04-0707R


RESOLUTION VACATING PORTIONS OF WATER STREET; 24TH AVENUE EAST; 25TH AVENUE EAST; 23RD ALLEY EAST AND 23-1/2 ALLEY EAST; ALL LOCATED EAST OF 23RD AVENUE EAST AND BELOW INTERSTATE HIGHWAY 35 (LAKEWALK TOWNHOMES, LLC).

BY COUNCILOR GILBERT:

     WHEREAS, a sufficient petition was filed with the city clerk requesting the vacation of Water Street from 23rd Avenue East to Lake Superior; 24th Avenue East from Interstate Highway 35 to Lake Superior; 25th Avenue East from Interstate Highway 35 to Water Street; 23rd Alley East and 23-1/2 Alley East from Water Street to Lake Superior, and a utility easement in vacated 23-1/2 Avenue East, legally described as:

     (a)  Water Street adjoining Blocks 1, 2, 3 and E, Endion Division of Duluth, and Blocks 1 and 2, Langellier’s Rearrangement of Block D, Endion Division of Duluth;

     (b)  24th Avenue East adjoining Lot 16, Block 2, Lot 9, Block 3, and Lot 1, Block E, Endion Division of Duluth and Lots 1-15, Block 2, Langellier’s Rearrangement of Block D, Endion Division of Duluth;

     (c)  25th Avenue East adjoining Lot 15, Block 1, Lot 9, Block 2, Endion Division of Duluth;

     (d)  23rd Alley East, in Block 1 and 23-1/2 Alley East, in Block 2, Langellier’s Rearrangement of Block D, Endion Division of Duluth;

     (e)  A ten foot utility easement extending 100 feet southerly of the south line of Water Street and lying within and against the easterly line of vacated 23-1/2 Avenue East; 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, this vacation petition at its meeting (Reference File No. 03054).

     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 the southerly half of Water Street from the easterly right-of-way line of 23rd Avenue East to 13 feet west of the centerline of 24th Avenue East, then 20 feet, ten feet either side of the centerline, along the Western Lake Superior Sanitary District interceptor easement be retained as utility easement.

     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 and alleys to be vacated as well as the easements to be retained.


STATEMENT OF PURPOSE:  This resolution should have no effect on the tax base; see the companion resolution granting a special use permit.


This resolution vacates:

     1) Water Street from 23rd Avenue East to Lake Superior;

     2) 25th Avenue East from Interstate to Water Street;

     3) 24th Avenue East from Interstate to Lake Superior; and

     4) 23rd Alley East and 23½ Alley East from Water Street to Lake Superior.


In addition, 23-1/2 Avenue East from Water Street to Lake Superior was previously vacated by the council on October 24, 1955.


The purpose of the vacation is to facilitate unification of the property for redevelopment. As part of a pending development agreement between the petitioner and the city, the public will benefit from the creation of an additional section of "Lakewalk" along the top of the bank of the shoreline from 23rd Avenue East to merge with the existing Lakewalk at about 26th Avenue East.


The city planning commission unanimously approved this easement vacation petition at its regular meeting on September 9, 2003.