05-08-2023 Council Packet - Laserfiche WebLink

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FILE # LA23-000002 17 April 2023 Page 2 of 3 The commissioner must evaluate: 1. The proposed vacation and the public benefits to do so; 2. the present and potential use of the land for access to public waters; and 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 same 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. Engineer Comments The City’s engineer has reviewed the documents provided and offered the following comments: 1. The area to be vacated does not contain any city infrastructure. 2. The vacation of this area was reviewed by the city 2020 and recommended for vacation upon completion of the Hennepin County Bridge Project (see Resolution 7098)