WHEREAS, a sufficient amended petition was filed with the city clerk requesting the vacation of the northerly and southerly 20 feet of 18th Street South between Minnesota Avenue and Lake Avenue legally described as: the northerly 20 feet of 18th Street South adjoining Lot 21, Minnesota Avenue, and Lot 22, Lake Avenue, and the southerly 20 feet of 18th Street South adjoining Lot 19, Minnesota Avenue, and Lot 20, Lake Avenue, Upper Duluth (FN05044); 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 found that said street right of way is not useless for the purpose for which is was intended, based on the following findings:

     (a)  This right-of-way is used and has the potential for future improvements for lakeshore access;

     (b)  The commission did recommend denial, by a 9-1 vote, of the street vacation petition at its June 14, 2005, meeting; and

     WHEREAS, the city council did hold a committee meeting on July 11, 2005, and in consideration of the amendment offered by the applicant at that time, referred the amendment to the planning commission and the commission has again recommended denial, by a vote of 7-3, of the amended request; and

     WHEREAS the city council makes the following findings in support of the vacation petition:

     (a)  This action preserves a 20 foot wide right-of-way that cannot be obstructed;

     (b)  Pedestrian access to the lakeshore is preserved (reference Planning Commission File No. 05044).

     NOW, THEREFORE, BE IT RESOLVED, that the city council of the city of Duluth approves the vacation of the easement described above as more particularly described on Public Document No. __________.

     BE IT FURTHER RESOLVED, that this resolution shall not become effective until such time that the reciprocal easement and restriction agreement (Public Document No. __________) is recorded.

     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 has minimal effect on the tax base. This resolution vacates the northerly and southerly twenty (20) feet of 18th Street South between Minnesota Avenue and Lake Avenue.

The purpose of the vacation is to enlarge the adjoining properties. The property owner at 1730 Minnesota Avenue desires to construct an addition to the property to create a duplex.

The city planning commission, by a vote of 9-1, recommended denial of the previous easement vacation petition at its regular meeting on June 14, 2005 and voted 7-3 to recommend denial of the amended petition at their August 9, 2005 meeting.

The petitioners have offered to record the “Reciprocal Easement and Restriction Agreement” signed by the current adjacent property owners, Thomas Selinski and William Weller, to provide that no structures (fences or other obstructions) be erected in the unvacated center twenty (20) feet of 18th Street at this location, in order that the existing “public purpose” in its use as, and it’s potential for “improved” public pedestrian access to the lakeshore, be retained.

The action deadline is extended due to the amended request.

Date application received: May 9, 2005     Action deadline: September 8,2005