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FILE # LA22-000050 <br />21 Nov 2022 <br />Page 2 of 4 <br /> <br /> <br />a vote of four-fifths of all members of the council. No vacation shall be made unless it appears in <br />the interest of the public to do so after a hearing preceded by two weeks' published and posted <br />notice. The council shall cause written notice of the hearing to be mailed to each property <br />owner affected by the proposed vacation at least ten days before the hearing. The notice must <br />contain, at minimum, a copy of the petition or proposed resolution as well as the time, place, <br />and date of the hearing. In addition, if the street, alley, public grounds, public way, or any part <br />thereof terminates at, abuts upon, or is adjacent to any public water, written notice of the <br />petition or proposed resolution must be served by certified mail upon the commissioner of <br />natural resources at least 60 days before the hearing on the matter. The notice to the <br />commissioner of natural resources does not create a right of intervention by the commissioner. <br />At least 15 days prior to convening the hearing required under this section, the council or its <br />designee must consult with the commissioner of natural resources to review the proposed <br />vacation. <br /> <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 /> <br />The commissioner must advise the city council or its designee accordingly upon the evaluation. <br />After a resolution of vacation is adopted, the clerk shall prepare a notice of completion of the <br />proceedings which shall contain the name of the city, an identification of the vacation, a <br />statement of the time of completion thereof, and a description of the real estate and lands <br />affected thereby. The notice shall be presented to the county auditor who shall enter the same <br />in the transfer records and note upon the instrument, over official signature, the words <br />"entered in the transfer record." The notice shall then be recorded with the county recorder. <br />Any failure to file the notice shall not invalidate any vacation proceedings. <br /> <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, electric, <br />telegraph, telephone, gas and steam purposes or for boulevard reserve purposes, in the same <br />manner as vacation proceedings are conducted for streets, alleys and other public ways under a <br />home rule charter or other provisions of law. <br /> <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 the <br />recorded plat as "boulevard reserve". <br /> <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 purposes, <br />in the same manner as vacation proceedings are conducted for streets, alleys and other public <br />ways. A boulevard reserve means an easement established adjacent to a dedicated street for