Laserfiche WebLink
�18-3800 <br /> January 14,2016 ' <br /> Page 2 of 3 <br /> means an easement established adjacent to a dedicated str�eet for the purpose of <br /> establishing open space adjacent to the street and which area is designared on the recorded <br /> plat as "boulevard reserve". <br /> MN State Statute 412.851 VACATION OF S?'REETS. <br /> The council may by resolution vacate any street, alley,public grounds,public way, or any <br /> pa�rt thereof, on its own motion or on petation of a majority of the owners of land abulting <br /> on the street, alley,public grounds,public way, or part thereof to be vacated. When there <br /> has been no petition, the resodution may be adopted only by a vote of four-fifths of adl <br /> members of the council. No vacation shall be made unless it appea�rs irr the interest of the <br /> public to do so after a hearing preceded by iwo weeks'pubdished and posted notice. The <br /> council shall cause written notice of the hearing to be marded to each property owner <br /> affected by the proposed vacation ai least ten days before the hearing. The notace must <br /> contain, at minimum, a copy of the petition or proposed resolution as well as the time, <br /> place, and date of the hearing. In addiiion, if the street, alley,public grounds,public way, <br /> or arry part thereof terminates at, abuts a.spon, or is adjacent to any public water, written <br /> notice of the petition or proposed resolurion must be served by certified mail upon the <br /> commissioner of natural resources at least 60 days before the hearing on the matter. The <br /> notice to the commissioner of natural resources does not create a right of intervention by <br /> the commissioner. At least IS days prfor to corrvening the hearing required under this <br /> section, the council or ats designee must consult with the commissioner of natural resources <br /> to review the proposed vacation. The commissioner must evaluate: <br /> (1) the proposed vacation and the public benefits to do so; <br /> (2} the present and potential use of the land for access to public waiers; and <br /> (3) how the vacation wauld impact conservation of natural resources. <br /> The commissioner must advise the city council or its designee accordfngly upon the <br /> evaluation. Af?er a resolution of vacation is adopter� the clerk shall prepare a notice of <br /> completion of the proceedings which shall contain the name of the city, an identt'ftcarion of <br /> the vacation, a statement of the time of completion thereof, and a description of the real <br /> estate and lands affected therehy. The notice shall be presented to the county auditor who <br /> shall enter the same in the transfer records and note upon the irrstrument, over o.,�`'rciad <br /> signature, the words "entered in the transfer record." The notice shall then be recorded <br /> with the county recorder. Any failure to frle the notice shall not irtvalidate arry vacation <br /> proceedings. <br /> Bsckground <br /> The applicants are in the process of completing a lot line rearrangement by which the <br /> Brooks properry at 1640 Fox Street will acquare a 1-acre portion of the MacMillan properly, <br /> increasing the Brooks praperty to 4.4 acres and reducing the il�iac�Iillan property to 14.1 <br /> acres. This lot line rearrangement meets established criteria for administrative approval <br /> based on discussions wi#h the City Attorney. However, an e�sting Drainage and Utility <br /> (D&L� easement along the existing shared lot line is proposed to be vacated, requiring a <br /> public hearing process and action by the City Council. <br /> The easement in question was created as a standard 14' perimeter D&U easement when <br /> the MacMillan Addition was platted in 1990. Due to the location of the Brooks dxiveway <br /> encroaching into that plat(via a separate easement), the D&U easement has a jog in it to <br /> avoid tb.e driveway. Now that the Brooks' are acquiring the portion of properiy in which <br />