02-12-2018 Council Packet - Laserfiche WebLink

Home Browse Search

#17-3983 January 16, 2018 Page 2 of 4 (3) how the vacation would impact conservation of natural resources. The commissioner must advise the city council or its designee accordingly upon the evaluation. After a resolution of vacation is adopted, the clerk shall prepare a notice of completion of the proceedings which shall contain the name of the city, an identification of the vacation, a statement of the time of completion thereof, and a description of the real estate and lands affected thereby. The notice shall be presented to the county auditor who shall enter the same in the transfer records and note upon the instrument, over official signature, the words "entered in the transfer record. " The notice shall then be recorded with the county recorder. Any failure to file the notice shall not invalidate any vacation proceedings. MN State Statue 462.358 Subd. 7. Vacation. The governing body of a municipality may vacate any publicly owned utility easement or boulevard reserve or any portion thereof, which are not being used for sewer, drainage, electric, telegraph, telephone, gas and steam purposes or for boulevard reserve purposes, in the some manner as vacation proceedings are conducted for streets, alleys and other public ways under a home rule charter or other provisions of law. A boulevard reserve means an easement established adjacent to a dedicated street for the purpose of establishing open space adjacent to the street and which area is designated on the recorded plat as "boulevard reserve". Orono City Code. Sec. 78-9. - Vacation of streets, alleys and public grounds. Vacation of streets, alleys and public grounds shall follow the procedures set forth in this chapter; except that such vacation shall require a petition by a majority of the landowners abutting the property to be vacated, and a hearing preceded by two weeks' published and posted notice, all as required by Minn. Stat. § 412.851. The council may vacate any publicly owned utility easement or boulevard reserve which is not being used for sewer, drainage, electric, telegraph, and telephone, gas and steam purposes or for boulevard reserve purposes, in the same manner as vacation proceedings are conducted for streets, alleys and other public ways. A boulevard reserve means an easement established adjacent to a dedicated street for the purpose of establishing open space adjacent to the street and which area is designated on the recorded plat as boulevard reserve. Comprehensive Plan Transportation Chapter (4A-32) Less than 1% of Orono's lake shoreline has been dedicated as public access corridors. Nearly all the rest is privately owned, and not available to the public for lake access purposes, save for the DNR Maxwell Bay Access, Hennepin County's North Arm Access and the City's Summit Park on Long Lake. Hennepin County's Noerenberg Gardens Memorial Park, while abutting Lake Minnetonka, has deed restrictions that disallow use for docking or launching boats. With shoreland abutting a dozen separate bays in Lake Minnetonka, Orono has a commitment to maintaining access via the dedicated access corridors. Orono's lake accesses are enumerated in Table 4A-8. (See Exhibit F) Lake Access Policies