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01-16-2018 Planning Commission Packet
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01-16-2018 Planning Commission Packet
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#17-3983 <br /> January 16,2018 <br /> Page 2 of 4 <br /> (3)how the vacation would impact conservation of natural resources. <br /> The commissioner must advise the city council or its designee accordingly upon the evaluation. <br /> After a resolution of vacation is adopted, the clerk shall prepare a notice of completion of the <br /> proceedings which shall contain the name of the city, an identification of the vacation, a <br /> statement of the time of completion thereof, and a description of the real estate and lands <br /> affected thereby. The notice shall be presented to the county auditor who shall enter the same in <br /> the transfer records and note upon the instrument, over official signature, the words "entered in <br /> the transfer record."The notice shall then be recorded with the county recorder.Any failure to <br /> file the notice shall not invalidate any vacation proceedings. <br /> MN State Statue 462.358 Subd. 7. Vacation. <br /> The governing body of a municipality may vacate any publicly owned utility easement or <br /> boulevard reserve or any portion thereof, which are not being used for sewer, drainage, electric, <br /> telegraph, telephone, gas and steam purposes or for boulevard reserve purposes, in the same <br /> manner as vacation proceedings are conducted for streets, alleys and other public ways under a <br /> home rule charter or other provisions of law. <br /> 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 <br /> recorded plat as "boulevard 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 <br /> chapter; except that such vacation shall require a petition by a majority of the landowners <br /> abutting the property to be vacated, and a hearing preceded by two weeks' published and <br /> posted notice, all as required by Minn. Stat. §412.851.The council may vacate any publicly <br /> owned utility easement or boulevard reserve which is not being used for sewer, drainage, <br /> electric,telegraph, and telephone, gas and steam purposes or for boulevard reserve purposes, <br /> in the same manner as vacation proceedings are conducted for streets, alleys and other public <br /> ways. A boulevard reserve means an easement established adjacent to a dedicated street for <br /> the purpose of establishing open space adjacent to the street and which area is designated on <br /> the recorded plat as boulevard reserve. <br /> Comprehensive Plan <br /> Transportation Chapter(4A-32) <br /> Less than 1%of Orono's lake shoreline has been dedicated as public access corridors. Nearly all <br /> the rest is privately owned, and not available to the public for lake access purposes, save for the <br /> DNR Maxwell Bay Access, Hennepin County's North Arm Access and the City's Summit Park on <br /> Long Lake. Hennepin County's Noerenberg Gardens Memorial Park,while abutting Lake <br /> Minnetonka, has deed restrictions that disallow use for docking or launching boats.With <br /> shoreland abutting a dozen separate bays in Lake Minnetonka,Orono has a commitment to <br /> maintaining access via the dedicated access corridors.Orono's lake accesses are enumerated in <br /> Table 4A-8. (See Exhibit F) <br /> Lake Access Policies <br />
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