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LAW OFFICES OF <br /> Burke and _Hawkins <br /> SUITE 101 <br /> 299 COON RAPIDS BOULEVARD <br /> JOHN M. BURKE COON RAPIDS. MINNESOTA 55433 <br /> WILLIAM G. HAWKINS PHONE 1612) 766-2998 <br /> THOMAS M. FITZPATRICK <br /> May 22, 1985 <br /> Centerville City Council <br /> 1694 Sorel Street <br /> Centerville, MU 55038 <br /> Re: Eighth Street Vacation <br /> Dear Councilmembers: <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 /> 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 "no 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 /> ks 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 /> Upon reviewing these considerations and with knowledge of the <br /> State statute I am hopeful that you can reach a satisfactory <br /> decision. <br /> S'nc� rely,, - <br /> William G. Ha kins <br /> WGH:mk <br />