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Created: 2022-07-19 16:12:32 [EST] <br />(Supp. No. 20, Update 2) <br />Page 6 of 29 <br />(Code 1984, § 6.40; Ord. No. 183 3rd series, § 1, 1-9-2017) <br />Cross reference(s)—Buildings and building regulations, ch. 86. <br />State law reference(s)—Authority to number buildings and lots, Minn. Stat. § 412.221, subd. 86. <br />18.9. Encroachment in Public Easements. <br />Placement of any structure in public rights-of-way or on City property must comply with Section <br />78 of the Zoning Ordinance. Placement of structures that have a foundation is prohibited in a <br />public easement, unless the structure is exempted under Section 78 of the Zoning Ordinance. The <br />erection or placement of a structure without a foundation in a public easement requires an <br />encroachment agreement application together with Council approval. The application shall include <br />a written request for the encroachment(s), a description of the proposed structure or obstruction, a <br />plan, drawing, or sketch that shows the proposed structure of obstruction, as well as the location <br />of the easement(s) affected, and payment of an application fee as specified in Fee Schedule of the <br />City Code. Applications shall be submitted to the City Engineer. Upon receipt of a completed <br />application, the City Engineer will review the application and will consider factors such as the type <br />and use of the existing easement(s), as well as the type and use of the proposed structure or <br />obstruction, when making a decision to recommend approval or denial of the requested <br />encroachment. If an approval recommendation is made, the applicant will be required to sign an <br />Encroachment Agreement, prepared by the City, before the City Engineer's recommendation is <br />forwarded to the Council for consideration. If the Encroachment Agreement is approved by the <br />Council, the Encroachment Agreement will be executed and recorded against the subject property <br />of record. <br />18.10 Public Right of Way Vacation. <br />A. Reservation of Right.If the City vacates a public right-of-way which contains the equipment or <br />facilities of a public right-of-way user and the vacation does not require the relocation of the <br />equipment or facilities, the City shall reserve, to and for itself and the public right-of-way user, the <br />right to install, maintain and operate any equipment and facilities in the vacated public right-of-way <br />and to enter upon such public right-of-way at any time for the purpose of reconstruction, <br />inspecting, maintaining or repairing the same, in accordance with Minnesota Rule 7819.3200. <br />B.Relocation of facilities.If the vacation requires the relocation of the public right-of-way user's <br />equipment or facility, and the vacation proceedings are initiated by the public right-of-way user or <br />the City for a public project, the public right-of-way user shall pay the relocation costs. If the <br />vacation proceedings are initiated by a person or persons other than the public right-of-way user <br />or the City, the initiating person or persons shall pay the relocation costs. <br />C.Administration—Vacation of Right-of-Way and Easements.The City Council may vacate the <br />easement by resolution on its own motion or on petition of a majority of the owners of land abutting <br />on the street, alley, public grounds, public way, easement, or part thereof to be vacated. <br />1.Procedure.A request for vacation of a right-of-way or easement shall be filed in writing with the <br />City. In the case of a request for vacation of a right-of-way or easement, the written request shall <br />be signed by a majority of the landowners directly abutting such right-of-way or easement. <br />9