BY COUNCILOR GILBERT:
WHEREAS, a sufficient petition was filed with the city clerk requesting the vacation of 21st Avenue East lying between the southerly line of Water Street and the Lake Superior shoreline adjoining Blocks A and B, Endion Division of Duluth; and
WHEREAS, pursuant to Section 100 of the City Charter and Article IV of Chapter 45 of the Duluth City Code, 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 the vacation petition at its July 23, 2003, meeting on condition that the applicant dedicate an appropriate pedestrian easement for future improvement as an extension of Lakewalk; and
WHEREAS, the applicant has proposed to dedicate as the Lakewalk easement that easement described in Exhibit A (Public Document No. __________); and
WHEREAS, the city council finds the proposed easement to be an appropriate easement for future improvement as an extension of Lakewalk through the affected property; and
WHEREAS, the applicant has offered an instrument of dedication on file in the office of the city clerk as Public Document No. __________ (reference planning commission File No. 03077).
NOW, THEREFORE, BE IT RESOLVED, that the city council of the city of Duluth accepts the dedication of the pedestrian easements, more particularly described on Public Document No. _____________, over the below-described property from Beacon Point Condominiums, LLC, and Endion Shores, LLC:
Lots 4-8, Block A, and Lots 1-8, Block B, ENDION SHORES DIVISION OF DULUTH.
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 street to be vacated and the Lakewalk easement documents.
STATEMENT OF PURPOSE: This resolution vacates 21st Avenue East between Water Street and Lake Superior and accepts the dedication of a Lakewalk easement across the lakefront portion of the property between 20th and 22nd avenues East. The purpose of the vacation and dedication is to unify the adjacent properties for development purposes. The dedication of a new easement provides for and preserves a Lakewalk pedestrian way along the lake frontage of the properties. The planning commission recommended approval at its regular meeting on July 23, 2003.
There is no direct tax impact as a result of this resolution.