05-0156R


RESOLUTION VACATING PORTIONS OF 43RD, 44TH AND 45TH AVENUES WEST, SOUTH OF GRAND AVENUE AND NORTH OF WEST SECOND STREET ALSO KNOWN AS TRAVERSE STREET (FRED STROM/J&S PARTNERSHIP, LLP).

BY COUNCILOR GILBERT:

     WHEREAS, a sufficient petition was filed with the city clerk requesting the vacation of streets legally described as:

     (a)  That portion of 43rd Avenue West, adjoining Lot 16, Block 71 and Lot 9, Block 72, Oneota Duluth, lying within 110 feet of Second Street;

     (b)  That portion of 44th Avenue West, adjoining Lots 8 and 16, Block 70 and Lots 1 and 9, Block 71, Oneota Duluth, lying within 161 feet of Second Street, subject to a utility easement as described on Exhibit B; and

     (c)  That portion of 45th Avenue West, adjoining Lot 16, Block 69, and Lot 9, Block 70, Oneota Duluth, lying within 113 feet of Second Street, retaining a utility easement over the westerly 50 feet of the vacated portion.

All lying southeasterly of a line drawn parallel with and 100 feet normally distant northwesterly from the original main tract centerline of the former Northern Pacific Railway and West Second Street, also known as Traverse Street; 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, by a vote of 6-0-2, approved the vacation of said streets at its February 23, 2005, meeting, based on the finding that the city will have no future need for such rights-of-way, but will retain utility easements on 44th and 45th avenues West (reference Planning Commission File No. 05009).

     NOW, THEREFORE, BE IT RESOLVED, that the city council of the city of Duluth approves the vacation of the streets described above and as more particularly described as Exhibits A, B and C and identified as Public Document No. __________.

     RESOLVED FURTHER, that the following easements be retained:

     (a)  A utility easements within 44th Avenue West be retained as shown on Exhibit B, Public Document No. _________;

     (b)  A utility easements within 45th Avenue West be retained as shown on Exhibit C, 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 portions streets and alleys to be vacated.


STATEMENT OF PURPOSE:  This resolution vacates portions of 43rd, 44th and 45th avenues West which across the Former Northern Pacific Railway Tracks and West Second Street (also known as Traverse Street).


The purpose is to provide additional land for the expansion of businesses.


The planning commission, by a vote of 6-0-2, approved the vacation of said streets at its February 23, 2005, meeting, based on the finding that the city will have no future need for such rights-of-way as streets, but will retain utility easements on 44th and 45th avenues West.


This resolution will have no immediate impact on the tax base as there is no specific project proposal at this time.

 

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