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Created: 2022-07-19 16:12:32 [EST] <br />(Supp. No. 20, Update 2) <br />Page 7 of 29 <br />2.Filing.A written request to vacate a right-of-way or an easement shall be accompanied by the <br />following: <br />a. Information, both written and graphic, that describe the reason for, and location of, the proposed <br />vacation; <br />b. A fee as set forth in the Fee Schedule; <br />c. For requests involving the vacation of right-of-way, the applicant shall submit the addresses of <br />all properties directly abutting the right-of-way to be vacated; and <br />d. For requests involving the vacation of an easement, the applicant shall submit a legal <br />description of the area to be vacated. <br />3. Public Hearing Required. <br />a. Upon receipt of a complete vacation request, the City shall set a public hearing following proper <br />notification. <br />b. Notice of said hearing shall be published once in the official newspaper at least fourteen <br />calendar days prior to the hearing, and shall be mailed at least ten calendar days prior to the <br />hearing to all landowners of property directly abutting the area to be vacated and to all utility <br />companies serving the area. When platted streets are vacated, notice must be sent to all owners <br />or occupants of the land within the platted area. The notice will contain, at minimum, a copy of the <br />petition or proposed resolution as well as the time, place, and date of the hearing. <br />c. If a street is to be vacated and any part of it terminates at, abuts on, or is adjacent to any <br />public water, written notice will be served by certified mail upon the Commissioner of Natural <br />resources at least 60 days before the public hearing. The City will consult with the commissioner <br />at least 15 days prior to convening the public hearing to review the proposed vacation and will <br />document the consultation. The City will address the concerns raised in the commissioner’s <br />evaluation in its formal findings of fact granting or denying the vacation. <br />d. The City Staff shall prepare technical reports where appropriate, and provide general <br />assistance in preparing a recommendation of the action to the Council. <br />4. Council Action. <br />a. The Council shall consider possible adverse effects of the requested vacation. In order to grant <br />a vacation, the Council must find that the vacation is in the interest of the public. A determination <br />that the vacation is in the interest of the public shall be based upon (but not limited to) the <br />following factors: <br />1. The proposed action has been considered in relation to the specific policies and provisions of <br />and has been found to be consistent with the City's Comprehensive Plan, including public facilities <br />and capital improvement plans. <br />2. The proposed action meets the purpose and intent of this Chapter. <br />10