Title
RESOLUTION RESCINDING RESOLUTION NO. 26-0814 AND VACATING CERTAIN RIGHTS-OF-WAYS WITHIN THE PLATS OF ONEOTA AND HARRINGTON’S ADDITION, SUBJECT TO RETENTION OF UTILITY EASEMENTS OVER PORTIONS THEREOF.
Body
CITY PROPOSAL:
WHEREAS, a petition was filed with the city requesting the vacation of certain rights-of-ways within the plats of ONEOTA and HARRINGTON’S ADDITION, subject to the retention of utility easements over portions thereof;
WHEREAS, 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 petitioned rights of way are not and will not be needed for the safe and efficient circulation of pedestrians, bicycles, automobiles or trucks, are not and will not be needed to provide pedestrian or recreational access to the water, or the efficient supply of utilities or public services in the city, except for the areas to be retained as utility easements;
WHEREAS, the city planning commission, at its Thursday, August 13, 2026 special meeting, recommended approval of said vacation petition;
WHEREAS, on September 14, 2026, the city council passed Resolution No. 26-0814 and vacated certain rights-of-ways within the plats of ONEOTA and HARRINGTON’S ADDITION, subject to the retention of utility easements over portions thereof.
WHEREAS, it has been discovered that there is an ambiguity in the legal description of the areas to be vacated that needs to be corrected, making Resolution No. 26-0814 unrecordable in the St. Louis County real estate records;
WHEREAS, the cleanest and most expedient way to remedy the error in the legal description of the areas to be vacated is to rescind Resolution No. 26-0814 in its entirety and to restate the terms of the vacation accurately in this resolution;
NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 26-0814, passed August 13, 2026, is hereby rescinded in its entirety.
FURTHER RESOLVED, that the city council finds that the rights-of-way proposed to be vacated, as legally described and depicted on the attached Exhibit A:
1. are 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, except for the areas to be retained as utility easements; and
2. are not and will not be needed to provide pedestrian or recreational access to the water; and
3. are not otherwise needed to promote the public health, safety or welfare of the citizens of Duluth.
FURTHER RESOLVED, that the city council of the city of Duluth approves the vacation of the rights-of-way legally described and depicted on the attached Exhibit A, subject to the retention of the utility easements legally described and depicted on the attached Exhibit A over portions of the rights-of-ways to be vacated; and
FURTHER RESOLVED, 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 rights-of-way to be vacated with the retained utility easements; and
FURTHE RESOLVED, that this vacation shall lapse if this resolution is not recorded within 90 days of city council approval.
Statement of Purpose
STATEMENT OF PURPOSE: This resolution rescinds 26-0814R, adopted by city council on September 14, 2026, to include clarifying language at the direction of the county examiner. The resolution also vacates a 0.94-acre portion of streets, alleys and piers within the plats of Oneota and Harrington’s Addition in the vicinity of the South 40th Avenue West between I-35 and the Bay of Lake Superior. This vacation was requested by the adjacent property owner to make property improvements-specifically to amass a larger site area for redevelopment. A utility easement over a portion of Oneota Alley and Boston Pier will be retained.
On August 13, 2026, the Duluth city planning commission held a public hearing on the proposal, as shown in the staff report in Exhibit B, and voted 5 yeas, 0 nays, and 0 abstention to recommend the city council approve the vacation petition.
On September 14th, the Duluth city council held a public hearing on the proposal and voted to adopt the resolution to accept the recommendation of planning commission.
The motion to approve the vacation by the city council must prevail with at least six affirmative votes.
PLVAC-2511-0011