RESOLVED, that:

     (a)  The city council finds a sufficient petition was filed with the city clerk requesting the vacation of Lakeview Avenue east of Hawthorne Road (FN 07006);

     (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; and, the city planning commission found that the northerly 13 feet and southerly 33 feet of the petitioned street is useless for the purpose of a roadway, based on the following findings:

           (1)  That the street is not likely to be needed for roadway purposes as Congdon Park Boulevard has been closed to traffic for 15 years and vehicular connections to this park can be made from nearby streets;

     (c)  Vacating these two portions of the street will narrow the right-of-way to +20 feet, which would still accommodate the construction of an alley in the future, but more importantly, retains necessary space to maintain a 27 inch diameter storm sewer pipe and provides for the possible pedestrian connection between the neighborhood and Congdon Park;

     (d)  The planning commission, at its February 13, 2007, regular meeting, did approve, unanimously, vacating the northerly 13 feet and southerly 33 feet;

     (e)  That the city council of the city of Duluth approves the vacation of the northerly 13 feet and southerly 33 feet of Lakeview Avenue between the northeasterly line of Hawthorne Road, extended, and the northeasterly lines, extended, of Lot 4, Block 5, Fourth Rearrangement of Congdon Park Division and Lot 22, Block 6 of Second Rearrangement of Congdon Park Division, and as more particularly described on Public Document No. ___________________;

     (f)  That the city clerk is hereby directed to record, with the register of deeds and/or the registrar of titles of Saint 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 the northerly 13 feet and southerly 33 feet of Lakeview Avenue easterly of Hawthorne Road, a section of unbuilt street. Due to the presence of a public storm sewer in part of the street, this resolution retains a +20 foot section of street. This will also preserve the public’s ability in the future to construct a pedestrian pathway linking the neighborhood to Congdon Park or a narrow roadway, if need be.

This resolution should have no effect on the tax base.