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FILE #LA24-000039 <br />19 August 2024 <br />Page 2 of 3 <br /> <br /> <br />final plat which intended for open space preservation, access, future development or other use”. Further, City <br />Code Section 82-254 states that outlots “are not intended for development except for the purpose in which they <br />are created, which may include streets, stormwater management, monument signs, etc.…”. Re-platting the <br />tennis court portion of Outlot A will allow it to function as part of the greater buildable lot of 1480 BPR. <br /> <br />A previous administrative boundary line adjustment (Subdivision Exception) was completed earlier this year <br />making the necessary changes to the outlots impacting the lot on the western side of the road (1450 Bracketts <br />Point Road, attached as Exhibit F. Hennepin County’s mapping and reflection of mid-year property line changes <br />are delayed significantly. <br /> <br />Applicable Regulations: <br /> MN State Statue 462.358 Subd. 7. Vacation <br />“The governing body of a municipality may vacate any publicly owned utility easement or boulevard reserve or <br />any portion thereof, which are not being used for sewer, drainage, electric, telegraph, telephone, gas and <br />steam purposes or for boulevard reserve purposes, in the same manner as vacation proceedings are conducted <br />for streets, alleys and other public ways under a home rule charter or other provisions of law. <br /> <br />A boulevard reserve means an easement established adjacent to a dedicated street for the purpose of <br />establishing open space adjacent to the street and which area is designated on the recorded plat as "boulevard <br />reserve".” <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 chapter; except <br />that such vacation shall require a petition by a majority of the landowners abutting the property to be <br />vacated, and a hearing preceded by two weeks' published and posted notice, all as required by Minn. Stat. § <br />412.851. The council may vacate any publicly owned utility easement or boulevard reserve which is not being <br />used for sewer, drainage, electric, telegraph, and telephone, gas and steam purposes or for boulevard <br />reserve purposes, in the same manner as vacation proceedings are conducted for streets, alleys and other <br />public ways. 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 recorded plat <br />as boulevard reserve.” <br />Drainage and Utility Easements Analysis <br />The City requires standard perimeter drainage and utility easements around all property boundaries on Plats. The <br />applicant’s request includes vacation of the existing perimeter drainage and utility easements between Outlot A <br />and 1480 BPR. Dedication of replacement easements is not necessary as the remainder of Outlot A will continue <br />to be encumbered by existing drainage and utility easements. <br /> <br />The applicant has drafted updated Private Road, Easement and Maintenance Declaration documents to address <br />the change in legal descriptions which the current property owners will sign. <br /> <br />Public Comments <br />The City received inquiries regarding the purpose and scope of the project. None of the inquiries resulted in formal <br />comments on the application. <br /> <br />Utility Notifications <br />Notification of the vacation was sent to the appropriate utility companies. It does not appear that any existing <br />utilities are located within the area to be vacated. Staff has spoken with Medicom who did not have an objection; <br />to date, no formal comments from utility companies have been received. <br />32