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<br />\ <br /> <br />LAW OFFICES OF <br /> <br />Burke and Rawkins <br /> <br />JOHN M. BURKE <br />WILLIAM G. HAWKINS <br />THOMAS M. FITZPATRICK <br /> <br />SUI.TE 101 <br />299 COON RAPIDS BOULEVARD <br /> <br />COON RAPIDS. MINNESOTA 55433 <br /> <br />PHONE 1812) 784-2998 <br /> <br />May 22, 1985 <br /> <br />Centervi11e City Council <br />1694 Sorel Street <br />Centerville, MN 55038 <br /> <br />Re: Eighth Street Vacation <br /> <br />Dear Councilmembers: <br /> <br />The following is a letter written in response to your request <br />for my opinion concerning the proposed vacation of Eighth <br />Street. <br /> <br />Under Minnesota Statute 412.851 a city council may by resolution <br />vacate any street on its own motion or a petition of the <br />majority of land abutting on the street. The statute further <br />provides uno such vacation shall be made unless it appears in <br />the interest of the public to do so....". It is therefore <br />incumbent upon the City Council to determine whether or not it <br />is in the interest of the public to vacate this street. It is <br />of no significance that a private individual may benefit by the <br />vacation. Items which you should consider are access and need <br />for the easement for future development, costs of maintenance or <br />lack thereof, increased tax revenues by vacation, the affect and <br />ability on adjacent properties to develop and the interests of <br />the public to have proper development of such parcels and such <br />other interests as may benefit the City as a whole. <br /> <br />As I have. further advised you in the past the City must leave <br />reasonable access to 'properties that abut or may utilize the <br />easement. Removal of access to the property may result in <br />damages to the property owners which could be sought from the <br />City. <br /> <br />" <br /> <br />Upon reviewing these considerations and with knowledge of the <br />State statute I am hopeful that you can reach a satisfactory <br />decision. <br /> <br />or"'; <br /> <br /> <br />f2--..A <br /> <br />WGH:mk <br /> <br />j <br />-~.~j <br />