Laserfiche WebLink
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 /> <br /> Orono City Code Sec. 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 facilities of a <br />public right-of-way user and the vacation does not require the relocation of the equipment or facilities, the <br />city shall reserve, to and for itself and the public right-of-way user, the right to install, maintain and operate <br />any equipment and facilities in the vacated public right-of-way and to enter upon such public right-of-way at <br />any time for the purpose of reconstruction, inspecting, maintaining or repairing the same, in accordance with <br />Minnesota Rule 7819.3200. <br />(b) Relocation of facilities. If the vacation requires the relocation of the public right-of-way user's equipment or <br />facility, and the vacation proceedings are initiated by the public right-of-way user or the city for a public <br />project, the public right-of-way user shall pay the relocation costs. If the vacation proceedings are initiated <br />by a person or persons other than the public right-of-way user or the city, the initiating person or persons <br />shall pay the relocation costs. <br />(c) Administration—Vacation of right-of-way and easements. The city council may vacate the easement by <br />resolution on its own motion or on petition of a majority of the owners of land abutting on the street, alley, <br />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 city. In <br />the case of a request for vacation of a right-of-way or easement, the written request shall be signed by <br />a majority of the landowners directly abutting such right-of-way or easement. <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 <br />proposed 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 all <br />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 description <br />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 calendar <br />days prior to the hearing, and shall be mailed at least ten calendar days prior to the hearing to all <br />landowners of property directly abutting the area to be vacated and to all utility companies <br />serving the area. When platted streets are vacated, notice must be sent to all owners or <br />61