08-14-1991 Council Agenda - Laserfiche WebLink

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to public interests, particularly if the cated on the shore of a lake open to the public. (In re Petition of Schaller, 193 04, 259 N.W. 534, 1935; In re Application vin, 218 Minn. 11, 15 N.W. 2d 184,1944.) yer, earlier cases have held that a proper alive authority's determination that public gists justify vacation of a street is final and lusive upon the courts except when reviewed is the manner prescribed by law, and will be presumed to have been based upon a consideration of the public interest. Moreover, the fact that a street has not been used or maintained for some time does not necessarily mean that the public no longer has an interest in the street. (Rein v. Town of Spring Lake, 275 Minn. 79, 145 N.W.2d 537, 1966.) The Court in this case held that mere non -use for any length of time, without affirmative acts indicative of an intent to abandon, does not constitute abandonment of a public street by a municipality. Presumably, street vacation proceed- ings would be necessary in such a case. (See also In re Road Areas of Suburban Estates v. County of Mower, 311 Minn. 446, 250 N.W. 2d 827, 1977.) Forms 1. Petition for Vacation ft ?Ocf1b1J • PETITION FOR VACATION OF (PART OF) OF CC...NJ= STREET IN THE CITY OF Lt-rrue To the city council of C Minnesota: The undersigned, a majority of the owners of property as set forth opposite their respective names, abutting on street,' respectfully petition the city council to vacate the aforesaid (part of) tone 7Ttreet. Received on the 1, day of , 19 91 Clerk Footnote: 1The description of the street to be vacated should be complete enough to prevent any possible uncertainty or ambiguity. In some cases, a legal description of the property will be necessary. I1. Resolution Setting Hearing on Vacation WHEREAS, a petition of property owners abutting street in the City of , was received by the city clerk on the day of , 19 requesting that the City Council vacate street between street and street.] NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF , MINNESOTA: 1. The council will consider the vacation of such street and a public hearing shall be held on such proposed vacation on the day of 19_, before the city council in the city hall at a m (p.m.), and the clerk shall give published and posted notice as required by law. Footnote: 1If the council initiates the vacation proceed- ings, the following language should be substituted for the "whereas" clause above: WHEREAS, the City Council of the city of , Minnesota, has determined to vacate (that part of) street, etc. 1I1. Notice of Hearing] NOTICE OF HEARING ON VACATION OF (PART OF) STREET NOTICE IS HEREBY GIVEN that a hearing will be held before the City Council of at the city hall on the day of 19_, at a m (p m ) to hear all persons present upon th,e proposed (a petition of property owners for the)h vacation of (that part of) street in the city of between street and street, etc. Dated this - 3 - Page 22 day of , 19 .. City Clerk