The city council finds a sufficient petition was filed with the city clerk requesting the vacation of Helm Avenue and Michigan Street in O’Hara’s Division legally described as: Helm Avenue from the corner of Lots 10 and 11 in Block 22, to the corner of Lots 6 and 7 in Block 22, and vacating Michigan Street from the corner of Lots 3 and 4, Block 20, to the intersection of Helm Avenue, O’Hara’s Division of Duluth; 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 unanimously approved the vacation of Helm Avenue and Michigan Street retaining a 30 foot easement at its September 12, 2006, meeting.

     NOW, THEREFORE, BE IT RESOLVED, that the city council of the city of Duluth approves the vacation of those above-described portions of the street easements for Helm Avenue and Michigan Street, more particularly described on Public Document No. ___________, retaining thereon and thereover a 30 foot wide utility easement lying 30 feet northwesterly of the following described line:

           Commencing at the northwest corner of Lot 7 of Block 22 of O’Hara’s Division of Duluth, being the point of beginning; thence northeast along the southerly right-of-way line of Helm Street to the extension of the southeast right-of-way line of Michigan Street; thence northeast along the southeast right-of-way line of Michigan Street to a point 50 feet southwest from the northeast corner of Lot 1 of Block 20 of O’Hara’s Division of Duluth and there terminating.

     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 utility easement to be vacated.

STATEMENT OF PURPOSE:  This resolution vacates part of Helm Avenue and Michigan Street and retains a 30 foot wide utility easement for Minnesota Power (FN 06086). The purpose of the vacation is to allow for the development of a deluge system for DMIR railroad ore cars.

This petition received a unanimous approval from the Duluth planning commission at its regular meeting of September 12, 2006, with the condition that a legal description be provided for an easement for Minnesota Power.