BY COUNCILOR GILBERT:
WHEREAS, a sufficient petition was filed with the city clerk requesting the vacation of the southerly one foot of East Fourth Street and the easterly one foot of Fifth Avenue East legally described as:
(a) The southerly one foot of the East Fourth Street right-of-way adjoining Lots 82, 84, and 86, Duluth Proper First Division, East Fourth Street;
(b) The easterly one foot of the Fifth Avenue East right of way adjoining Lot 82, Duluth Proper First Division, East Fourth 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 unanimously approved the easement vacation petition at its regular meeting of March 8, 2005 (reference Planning Commission File No. 05012).
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 easement to be vacated.
STATEMENT OF PURPOSE: This resolution vacates a portion of the sidewalk, or right-of-way, on East Fourth Street and Fifth Avenue West at 502 East Fourth Street to correct an error which occurred at the time of building construction (1916) and to allow for future exterior work on the building.
The city planning commission unanimously approved this easement vacation petition at its regular meeting on March 8, 2005.
There is no tax impact as a result of this vacation.