Title
RESOLUTION VACATING A PORTION OF A SLOPES AND FILLS EASEMENT AFFECTING LOTS 18 AND 20, WEST SECOND STREET, DULUTH PROPER FIRST DIVISION.
Body
CITY PROPOSAL:
RESOLVED, that:
(a) The city council finds a sufficient petition was filed with the city requesting the vacation described in (e) below; and
(b) Pursuant to Section 100 of the City Charter and Section 50-37.6 of Chapter 50 of the Duluth City Code, 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 a public hearing and the city planning commission found that the slopes and fills easement is not and will not be needed for public purposes; and
(c) The city planning commission, at its Tuesday, March 10, 2026 regular meeting, recommended approval of the vacation petition; and
(d) The city council finds that the petitioned slopes and fills easement proposed to be vacated:
1. is not and will not be needed for the safe and efficient circulation of pedestrians, bicycles, automobiles or trucks, or the efficient supply of utilities or public services in the city; and
2. is not otherwise needed to promote the public health, safety or welfare of the citizens of Duluth.
(e) The city council of the city of Duluth approves the vacation of that portion of the slopes and fills easement created in that certain instrument recorded on February 7, 1891 in Book C of Plats, Page 321, legally described and depicted on the attached Exhibit A; and
(f) That this vacation resolution is not intended to impact any rights of the City or public established in that certain instrument recorded on February 7, 1891 in Book C of Plats, Page 321 except for that portion legally described on Exhibit A; and
(g) That this vacation is not intended to impact any rights of the City or public established in that certain instrument recorded on May 10, 1890 in Book C of Plats, Page 173;
(h) That the city clerk is, pursuant to Section 100 (b)(7) of the Home Rule Charter of the city of Duluth, 1912, as amended, authorized to record, with the register of deeds and/or the registrar of titles of Saint Louis County, Minnesota, a certified copy of this resolution showing the easement to be vacated; and
(i) That the vacation shall lapse if this resolution is not recorded within 90 days of city council approval.
Statement of Purpose
STATEMENT OF PURPOSE: This resolution vacates that certain slopes and fills easement for West Second Street lying within Lots 18 and 20, West Second Street, Duluth Proper First Division, as established through that certain instrument recorded on February 7, 1891 in Book C of Plats, Page 321. This resolution does not vacate any remaining portions of that certain instrument recorded on February 7, 1891 in Book C of Plats, Page 321 (affecting other real property) nor a separate slopes and fill easement along First Avenue established in that certain instrument recorded on May 10, 1890 in Book C of Plats, Page 173 (affecting said Lots 18 and 20 and other real property).
On March 10, 2026, the Duluth city Planning Commission held a public hearing on the proposal, as shown in the staff report in Exhibit B, and voted 7 yeas, 0 nays, and 0 abstention to recommend the city council approve the vacation petition.
The motion to approve the vacation by the city council must prevail with at least six affirmative votes.
PLVAC-2602-0001