WHEREAS, that a sufficient petition was filed with the city clerk requesting the vacation of Sumac Avenue between Page Street and Osage Street legally described as Sumac Avenue, adjoining Lots 26-35, Block 6, and Lots 16-25, Block 7, Home Acres First Division (FN 03123); 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 easement is useless for the purpose for which is was intended, based on the following findings:

     (a) There are no existing improvements or utilities within this right-of-way;

     (b) This portion of Sumac Avenue does not provide an alignment conducive for the “extension of Joshua Avenue.” The existing alignment of platted/ dedicated Joshua Avenue and Cedar Avenue and upper Sumac (north of West Morgan) are more appropriate for consideration.

And the commission did approve, unanimously, the street easement vacation petition at its January 10, 2006, meeting;

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

     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 vacates Sumac Avenue between Page Street and Osage Street.

     (a) Date application received: December 18, 2005;

     (b) Action deadline: April 19, 2006.

This resolution should have no effect on the tax base.

The purpose of the vacation is to clear the titles involved and enhance the owners’ ability to make improvements to their properties. One property needs additional land area in order to secure permits for a new onsite sewerage system, in addition, an existing septic system crosses property lines. Also, the removal of the 66 foot easement would allow the replatting of the property for future sale.

The city planning commission unanimously approved this easement vacation petition at its regular meeting on January 10, 2006.