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, , , . <br /> LEGAL DEPARTMENT vIEMORANDUM <br /> No. 97-17 <br /> �1a�- 13, 1997 <br /> TO: Honorable Mayor and City Council Members <br /> FRO�1: James L. Williams; r., City Manager <br /> John W. Couter, C'oi�oration Couns �✓L <br /> � <br /> RE: Carter Avenue Vacation <br />' An item on the Ma 19 Council a enda ro�-ides for the vacation of a portion of Carter <br /> Y g P <br />, �venue, west of Lake Shore Drive. Staff approves of this vacation, finding no public need to <br /> retain this right-of-way, and also recommends that no charge be imposed on adjoining owners to <br /> effect the vacation. It appears that in 1936 an ordinance vacating some of Carter Avenue was <br /> passed by the Council, and property owners and lenders at that time assumed that the subject ' <br /> portion was also vacated. Since that time, mortQaQe payments and real property taxes have <br /> included the portion of Carter Avenue sought to be vacated; therefore, in effect, one could argue , <br /> that it has been paid for. In light of this history, staff feels that equity requires that no further ' <br /> consideration be charged for this vacation. , <br /> Staff recommends approval of the ordinance�-acating Carter Avenue. ''I <br /> JWC:ps <br /> cc: Wendy L. Morthland <br /> John T. Robinson <br />