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06-10-2019 Council Packet
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06-10-2019 Council Packet
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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 Citv Code. Sec. 78-9. - Vacation of streets. allevs and public >?rounds. <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 />
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