BY COUNCILOR GILBERT:
WHEREAS, a sufficient petition was filed with the city clerk requesting the vacation of Fourth Street on Rices Point legally described as: Fourth Street from the south right-of-way line of Birch Street to the north right-of-way line of Lynn Street and that portion of Nelson Street (a.k.a. Cedar Street) 75 feet west of the right-of-way line of 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 approved the vacation as Fourth Street has not served the purpose for which it was intended and will not be used for street purposes, by a unanimous vote, the easement vacation petition (FN 05112) at its November 8, 2005, meeting;
NOW, THEREFORE, BE IT RESOLVED, that the city council of the city of Duluth approves the vacation of Fourth Street from the south right of way line of Birch Street to the north right-of-way line of Lynn Street and that portion of Nelson Street (a.k.a. Cedar Street) 75 feet west of the right-of-way line of Fourth Street and as more particularly described on Public Document No. __________.
BE IT FURTHER RESOLVED, that this resolution shall become effective upon the recording of the easement agreement, Public Document No. __________, with the register of deeds and/or the registrar of titles of St. Louis County, Minnesota.
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 no immediate impact to the tax base because there is no specific project proposed for this site at this time. This resolution vacates Fourth Street on Rices Point between Birch and Lynn Streets and the west 75 feet of Nelson Street (a.k.a. Cedar Street) from the right-of-way line of Fourth Street. The purpose of the vacation is to facilitate land assembly for future development. The city planning commission held a public hearing on November 8, 2005, and approved this vacation by a unanimous vote.