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FILE#LA19-000017 <br /> 20 May 2019 <br /> Page 2 of 4 <br /> to review the proposed vacation. <br /> The commissioner must evaluate: <br /> 1. the proposed vacation and the public benefits to do so; <br /> 2. the present and potential use of the land for access to public waters; and <br /> 3. how the vacation would impact conservation of natural resources. <br /> The commissioner must advise the city council or its designee accordingly upon the <br /> evaluation. After a resolution of vacation is adopted,the clerk shall prepare a notice of <br /> completion of the proceedings which shall contain the name of the city, an identification of <br /> the vacation, a statement of the time of completion thereof, and a description of the real <br /> estate and lands affected thereby.The notice shall be presented to the county auditor who <br /> shall enter the same in the transfer records and note upon the instrument, over official <br /> signature,the words "entered in the transfer record."The notice shall then be recorded <br /> with the county recorder.Any failure to file the notice shall not invalidate any vacation <br /> proceedings. <br /> ✓ MN State Statue 462.358 Subd. 7. Vacation <br /> The governing body of a municipality may vacate any publicly owned utility easement or <br /> boulevard reserve or any portion thereof,which are not being used for sewer, drainage, <br /> electric, telegraph,telephone, gas and steam purposes or for boulevard reserve purposes, in <br /> the same manner as vacation proceedings are conducted for streets, alleys and other public <br /> ways under a home rule charter or other provisions of law. <br /> A boulevard reserve means an easement established adjacent to a dedicated street for the <br /> purpose of establishing open space adjacent to the street and which area is designated on <br /> the recorded plat as "boulevard reserve". <br /> ✓ Orono City Code. Sec. 78-9. -Vacation of streets, alleys and public grounds. <br /> Vacation of streets, alleys and public grounds shall follow the procedures set forth in this <br /> chapter; except that such vacation shall require a petition by a majority of the landowners <br /> abutting the property to be vacated, and a hearing preceded by two weeks' published and <br /> posted notice, all as required by Minn. Stat. § 412.851. The council may vacate any <br /> publicly owned utility easement or boulevard reserve which is not being used for sewer, <br /> drainage, electric, telegraph, and telephone, gas and steam purposes or for boulevard <br /> reserve purposes, in the same manner as vacation proceedings are conducted for streets, <br /> alleys and other public ways. A boulevard reserve means an easement established <br /> adjacent to a dedicated street for the purpose of establishing open space adjacent to the <br /> street and which area is designated on the recorded plat as boulevard reserve. <br /> ✓ Orono's (Draft) 2020-2040 Comprehensive Plan:Transportation Chapter 4A- Lake access, <br /> preservation and management <br /> Orono's lakes provide a significant recreational resource for all Orono residents.This value <br /> was long ago realized by City leaders. In order to provide lake access for the general public, <br /> as well as to provide for fire department access to the lake as a water source, a number of <br /> lake access corridors were created as the shore land developed.These typically are platted, <br /> dedicated right-of-ways leading from the local road system to the shoreline, and are <br />