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LAW OFFICES OF . AlSO ADMITTED IN WlSCOIISIN PETERSON, BELL, CONVERSE & JENSEN ST. PAUL OFFICE 2100 AMERICAN NATIONAL BANK BUILDING 101 EAST FIFTH STREET ST. PAUL, MINNESOTA 55101 TELEPHONE (612) 224-4703 FAX (612) 223-8070 ROSEVILLE OFFICE 2760 NORTH SNELLING AVE., SUITE 327 ROSEVILLE, MINNESOTA 55113 TELEPHONE (612) 631-8489 FAX (612) 631-2475 REPLY TO: ERWIN A. PETERSON ROBERT C. BEll WilLARD L. CONVERSE ROGER A. JENSEN KURT F, WALTHER MARTIN J, COSTEllO JAMES C. ERICKSON' DAVID S. ANDERSON THOMAS D. McCORMICK' WilLIAM M. DRINANE CAROL A. BALDWIN SCOTT B. CROSSMAN DAVID R. FENSKE CAROLINE BEll BECKMAN St. Paul December 27, 1990 Mr. Rick Jopke Assistant Community Development Director City of Roseville 2660 Civic Center Drive Roseville, Minnesota 55113 Re: utility Easement Vacation Our File No. 1011-19 Dear Mr. Jopke: You have asked whether or not it is necessary for Art Mueller to provide the City with a certified list of property owners within 250 feet of the proposed utility easement vacation. In my opinion it is not necessary for Mr. Mueller to provide such a 1 is t. The statute governing vacation of street and utility easements, Minn. Stat. § 412.851, does not require that notice be sent to property owners within 250 feet of the proposed area to be vacated. Instead, the statute requires "written notice of the hearing to be mailed to each property owner affected by the pro- posed vacation at least ten (10) days before the hearing." The statute does not have a requirement to notify owners of property within 250 feet of the easement area. Generally, owners of property "affected" by the vacation are those who are immediately adjacent to the area to be vacated. Section 12.080 of the City Code requires notice to be given to property owners within 250 feet of the vacation area, but that section is limited to the vacation of streets and alleys and has no application to utility easement vacations. Since the individual condominiums are not immediately adjacent to the vacation area, it is not necessary to send notices to the owners of the individual condominiums. If the common area of the condominium complex is immediately adjacent to the vacation area, .~.