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<br />• 412.851 VACATION OF STREETS. <br />The council may by resolution vacate any street, alley, public grounds, <br />public way, or any part thereof, on its own motion or on petition of a <br />majority of the owners of land abutting on the street, alley, public <br />grounds, public way, or part thereof to be vacated. When there has been <br />no petition, the resolution may be adopted only by a vote of four- <br />fifths of all members of the council. <br />No vacation shall be made unless it appears in the interest of the <br />public to do so after a hearing preceded by two weeks' published and <br />posted notice. The council shall cause written notice of <br />the hearing to be mailed to each property owner affected by the <br />proposed vacation at least ten days before the hearing. The notice must <br />contain, at minimum, a copy of the petition or proposed resolution as <br />well as the time, place, and date of the hearing. In addition, if the <br />street, alley, public grounds, public way, or any part thereof <br />terminates at, abuts upon, or is adjacent to any public water, written <br />notice of the petition or proposed resolution must be served by <br />certified mail upon the commissioner of natural resources at least 60 <br />days before the hearing on the matter. The notice to the commissioner <br />of natural resources does not create a right of intervention by the <br />commissioner. At least 15 days prior to convening the hearing required <br />under this section, the council or its designee must consult with the <br />commissioner of natural resources to review the proposed vacation. The <br />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 <br />• waters; and <br />(3) how the vacation would impact conservation of natural resources. <br />The commissioner must advise the city council or its designee <br />accordingly upon the evaluation. <br />After a resolution of vacation is adopted, the clerk shall prepare a <br />notice of completion of the proceedings which shall contain the name of <br />the city, an identification of the vacation, a statement of the time of <br />completion thereof and a description of the real estate and lands <br />affected thereby. <br />The notice shall be presented to the county auditor who shall enter the <br />same in the transfer records and note upon the instrument, over <br />official signature, the words "entered in the transfer record." <br />The notice shall then be recorded with the county recorder. Any failure <br />to file the notice shall not invalidate any vacation proceedings. <br />• <br />