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 Avenue to the north right-of-way line of Lynn Avenue and that portion of Nelson Avenue (a.k.a. Cedar Avenue) 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, by a unanimous vote, the easement vacation petition (FN 05112) at its November 8, 2005, meeting; and
WHEREAS, pursuant to Resolution 05-0785, approved on November 28, 2005, the requested vacation was approved but said resolution failed to preserve the below-referenced utility easement;
RESOLVED, that Resolution 05-0785, approved on November 28, 2005, is hereby rescinded.
BE IT FURTHER 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 Avenue to the north right-of-way line of Lynn Avenue and that portion of Nelson Avenue (a.k.a. Cedar Avenue) 75 feet west of the right-of-way line of Fourth Street subject to retention of a 20 foot wide utility easement in Elm Avenue the centerline of which lies eight feet south of and parallel with the centerline of Elm Avenue, and as more particularly described on Public Document No. _____________.
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STATEMENT OF PURPOSE: The previous resolution is rescinded as it did not include the easement. 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 4th Street on Rices Point between Birch and Lynn Avenues and the west 75 feet of Nelson Avenue (a.k.a. Cedar Avenue) from the right of way line of 4th Street and retains an easement for the force main which is located in Elm Avenue. 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.