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FILE#LA19-000087 <br /> 18Nov19 <br /> Page 2 of 5 <br /> of natural resources does not create a right of intervention by the commissioner.At least 15 <br /> days prior to convening the hearing required under this section, the council or its designee <br /> must consult with the commissioner of natural resources 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 with <br /> 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 publicly <br /> owned utility easement or boulevard reserve which is not being used for sewer, drainage, <br /> electric, telegraph, and telephone, gas and steam purposes or for boulevard reserve <br /> purposes, in the same manner as vacation proceedings are conducted for streets, alleys <br /> and other public ways. A boulevard reserve means an easement established adjacent to a <br /> dedicated street for the purpose of establishing open space adjacent to the street and <br /> which area is designated on the recorded plat as boulevard reserve. <br /> ✓ Orono's 2020-2040 Comprehensive Plan:Transportation Chapter 4A- Lake access, <br /> preservation and management, attached in Exhibit D. <br /> ✓ Orono's 2020-2040 Comprehensive Plan: Chapter 4E Parks,Trails, and Open Spaces, <br /> attached as Exhibit E. <br />