Title
RESOLUTION VACATING CERTAIN SEWER RIGHTS-OF-WAY IN THE CONGDON NEIGHBORHOOD.
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 easements are not needed for sewer right-of-way purposes; and
(c) The city planning commission, at its Tuesday, April 14, 2026 regular meeting, recommended approval of the vacation petition; and
(d) The city council finds that the petitioned easement areas proposed to be vacated:
1. are not and will not be needed for current or future sewer purposes; and
2. 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 that portion of the sewer rights-of-way located in St. Louis County, Minnesota legally described and depicted on the attached Exhibit A; and
(f) That this vacation is not intended to impact the rights reserved to the proprietor, and its successors or assigns, regarding sewer right of ways in that part of Lot 20, Block 4 in said CONGDON PARK DIVISION OF DULUTH, now a part of Lots 2 and 3, Block 1, HAWTHORNE DIVISION, legally described and depicted on Exhibit A. The City is only vacating the public rights, if any, that exist from the reservation for the proprietor dedicated in said CONGDON PARK DIVISION OF DULUTH.
(g) 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 easements; and
(h) 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 public rights in certain sewer rights-of-way in real property that is now a part of Lots 2 and 3, Block 1, HAWTHORNE DIVISION, as further described and depicted on the attached Exhibit A. The area proposed to be vacated includes an easement expressly dedicated to the public, as well as an easement reserved for the proprietor of the plat and its successors and assigns. To the extent there are any public rights stemming from the dedication to the proprietor, the City is vacating those public rights. The City does not claim to have the authority vacate any rights of the proprietor or its successor or assigns. This vacation is requested to allow the property owner to construct a single-family home on the parcel.
On April 14, 2026, the Duluth city planning commission held a public hearing on the proposal, as shown in the staff report in Exhibit B, and voted 3 yeas, 0 nays, and 1 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-2603-0002