BY COUNCILOR GILBERT:
WHEREAS, on August 10, 2005, a sufficient petition was filed with the city clerk requesting the vacation of 46th Avenue East from Otsego Street to Otsego alley, adjacent to Lot 8, Block 15, and Lot 1, Block 16, Loebs Addition to Lakeside; 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 (FN05085) unanimously approved the street vacation at its September 13, 2005, meeting.
NOW, THEREFORE, BE IT RESOLVED, that the city council of the city of Duluth approves the vacation of the above-described portion of 46th Avenue East and as more particularly described on Public Document No. __________.
RESOLVED FURTHER, that the city of Duluth retain a utility easement five feet on each side of the centerline of the vacated portion.
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.
STATEMENT OF PURPOSE: This resolution vacates 46th Avenue East from Otsego Street to Otsego Alley.
This petition received a unanimous approval of the Duluth planning commission at its regular meeting on September 13, 2005.
This resolution is being submitted to the council for the September 26, 2005 meeting in order to be considered.