BY COUNCILOR GILBERT:
WHEREAS, a sufficient petition was filed with the city clerk requesting the vacation of the sidewalk easement on Lake Avenue and West Superior Street, legally described as: .3 feet along Lake Avenue with an additional protrusion of approximately .9 feet and .3 feet along West Superior Street of the east 1/2 of Lot One, West Superior Street, Duluth Proper First Division (FN 04129); 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, the sidewalk vacation petition at its December 14, 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. __________.
BE IT FURTHER RESOLVED, 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 and the utility easement being retained.
STATEMENT OF PURPOSE: This resolution vacates a portion of the sidewalk on Lake Avenue and West Superior by One West Superior Street to correct a construction error which likely occurred at the time of building construction (1882) and to allow for future work on the building.
This city planning commission unanimously approved this easement vacation petition at its regular meeting on December 14, 2004.
There is no tax impact as a result of this vacation.