A sufficient petition was filed with the city clerk requesting the vacation of the northerly 417.97 feet of North 52nd Avenue East legally described as that portion of London Avenue lying between the easterly extension of the north line of Lot 18, and the south line of Lot 21 extended, all in the recorded Plat of Lester Park Garden Tracts, abutting Lots 18, 19, 20, 21, 23 and 24, of said Lester Park Garden Tracts (FN 06036); and

     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

     The city planning commission found that said street easement is useless for the purpose for which is was intended, based on the following finding:

           With the replatting of the adjoining lands as Hawk Ridge Estates- First Addition, this vacation will have no impact on public needs.

     And the commission did approve, unanimously, the street easement vacation petition at its May 9, 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 street easement to be vacated, with the limitation that the vacation not become effective until the recording of the plat of Hawk Ridge Estates-First Addition.

STATEMENT OF PURPOSE: This resolution vacates the unimproved northerly 417.97 feet of North 52nd Avenue East. The purpose of the vacation is to clear underlying title of the property to be replatted as an extension of North 52nd Avenue East in the plat of as Hawk Ridge Estates- First Addition. An existing pedestrian access in this right-of-way will be replaced by the creation of Outlot B (a ten foot wide lot) connecting 52nd Avenue East with Outlot A adjoining Skyline Parkway/Hawk Ridge Bird Observatory.

The city planning commission unanimously approved this street vacation petition at its regular meeting on May 9, 2006.

This resolution will have no effect on the tax base.

Date Application Received: April 6, 2006

Action Deadline: August 2, 2006