Title
RESOLUTION VACATING CERTAIN RIGHTS-OF-WAYS WITHIN THE PLATS OF ONEOTA AND HARRINGTON’S ADDITION, SUBJECT TO RETENTION OF A UTILITY EASEMENT.
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 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 area to be retained for a utility easement ; and
(c) The city planning commission, at its Thursday, August 13, 2026 special meeting, recommended approval of the vacation petition; and
(d) The city council finds that the petitioned rights-of-way proposed to be vacated:
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 area to be retained for a utility easement; 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.
(e) The city council of the city of Duluth approves the vacation of the petitioned right-of-way legally described and depicted on the attached Exhibit A, subject to retention of a utility easement legally described and depicted on the attached Exhibit A over areas of the right of way to be vacated; and
(f) 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 right-of-way to be vacated, and the retained utility easement; and
(g) 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 a 0.94-acre portion 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.
The motion to approve the vacation by the city council must prevail with at least six affirmative votes.
PLVAC-2511-0011