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• • • <br />. H- <br />. . » *. <br />J t • <br />412.851 VACATION OF STREETS. . <br />The council may by resolution vacate any street, alley, public grounds, public way, <br />or any part thereof, on its own motion or on petition of a majority of the owners of land <br />abutting on the street, alley, pubUc grounds, public way, or part thereof to be vawted. <br />When there has been no petition, the resolution may be adopted only by a vote of four- <br />fifths of all members of the council. No such vacation shall be made unlws it app^« <br />in the interest of the public to do so after a hearing preceded by two weeks published <br />and posted notice. The councU shall cause written notice of the heanng to be mailed <br />to each property owner affected by the proposed vacation at least ten days before the <br />hearing. The notice must contain, at minimum, a copy of the petition or proposed reso­ <br />lution as well as the time, place, and date of the heari ng. In addition, if the street, alley, <br />public grounds, public way, or any part thereof terrninates at or abuts upon any public <br />water, no vacation shall be made unless written notice of the petition or proposed reso­ <br />lution is served by certified mail upon the commissioner of natural resources at least <br />30 days before the hearing on the matter. The notice to the commissioner of natural <br />resources is for notification purposes only and does not create a right of intervention <br />by the commissioner. After a resolution of vacation is adopted, the clerk shall prepare <br />a notice of completion of the proceedings which shall contain the name of the city, an <br />identification of the vacation, a statement of the time of completion thereof and a <br />description of the real estate and lands affected thereby. The notice shall be presented <br />to the county auditor who shall enter the same in the transfer records and note^pon <br />the instrument, over official signature, the words “entered in the transfer record. The <br />notice shall then be filed with the county recorder. Any failure to file the notice shaU <br />not invalidate any such vacation proceedings. <br />History: 1949 c 119 s 102:1953 c 735 s 12; 1957 c 383 s 1; 1967 c 289 s 1969 <br />c9s 85:1973 c 123 art 2 s 1 subd 2; 1973 c 494 s 11: 1976 c 1815 2:1986 c 444; 1989 <br />c 183 s 4: 1990 c 433 s 2 ,