BY COUNCILOR GILBERT:
The city council finds as follows:
(a) A sufficient petition was filed with the city clerk requesting the vacation of 12th Avenue East from the north line of East Seventh Street Alley to the south line of East Seventh Street, legally described as the avenue adjoining Lot 1, Block 137-1/2, Auditors Rearrangement of Part of Portland Division, and Lot 16, Block 138, Portland Division;
(b) 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;
(c) The city planning commission unanimously approved the avenue vacation at its May 24, 2006, meeting.
NOW, THEREFORE, BE IT RESOLVED, that the city council of the city of Duluth approves the vacation of the above-described portion of 12th Avenue East and as more particularly described on Public Document No. _________________ retaining a 20 foot wide utility and pedestrian easement, ten feet each side of the storm sewer main which is located 14 feet west from the centerline of 12th Avenue East.
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 12th Avenue East from the north line of East Seventh Street Alley to the south line of East Seventh Street.
This petition received a unanimous approval of the Duluth planning commission at its regular meeting on May 24, 2006 (FN 06047).