[Adopted 2-5-1973 by Ord. No. 276]
A.
Any person or persons owning an interest in a platted
area or any person or persons owning property abutting on any street,
alley or roadway may petition the City Council for the vacation of
such platted area, street, alley or roadway or any part thereof. Such
petition shall contain an exact description of the area proposed to
be vacated, the reasons for the proposed vacation and a statement
that such petitioners shall pay for any damages resulting to persons
owning or occupying lands affected by such vacation to the extent
that such persons may be entitled to damages under Minnesota Law.
Attached to such petition shall be a map or plat clearly designating
the area proposed to be vacated.
B.
In the case of a proposed vacation of a platted area
other than streets, alleys or roadways, the petition must be signed
or consented to by the owners of at least 50% of the area proposed
to be vacated exclusive of any property owned by the City of Breckenridge.
C.
In the case of a proposed vacation of streets, alleys
or roadways, the petition must be signed or consented to by the owners
of at least 50% of the property abutting such portion of the street,
alley or roadway which is proposed to be vacated exclusive of any
property owned by the City of Breckenridge.
D.
One who consents to a petition shall not be considered
a petitioner but must state in the consent that he or she has no objections
to the proposed vacation and will make no claims against anyone if
said petition is granted. The petition shall be verified by at least
one of the persons signing as petitioner.
[Amended 5-7-2018 by Ord.
No. 499]
After a petition for vacation is filed, the
City Council shall consider the same and in so doing may require the
petitioner to furnish proof of any statement or allegation contained
therein. If the Council finds that the petition is in proper form
and deems it desirable that the matter be proceeded with, it shall
by resolution provide for a public hearing on the petition and for
the giving of notice of said hearing by the City Administrator or
his/her designee.
A.
The notice of hearing on any petition to vacate shall
state the date, time and place of the hearing, shall contain an exact
description of the area proposed to be vacated and shall request all
persons interested or who may be damaged as a result of such proposed
vacation to attend said hearing and present written or oral testimony,
claims or objections which will be heard and considered by the Council.
Such notice shall be published twice in the official newspaper for
the city, and the last publication shall be at least 10 days prior
to the date set for the hearing. A copy of such notice shall also
be mailed at least 10 days prior to such hearing as follows:
(1)
In the case of a proposed vacation of a platted area
other than a street, alley or roadway: to all owners and occupants
of the platted area proposed to be vacated and to all owners and occupants
of property abutting such platted area or abutting any street or alley
abutting such platted area.
(2)
In the case of the proposed vacation of an alley,
or any part thereof: to all owners and occupants of the block in which
such alley is located.
(3)
In the case of a proposed vacation of a street or
any portion thereof: to all the owners and occupants of property abutting
that portion of the street proposed to be vacated and in addition
to all owners and occupants of property abutting said street and lying
between the nearest intersecting streets between which is located
the portion of the street proposed to be vacated.
(4)
In any case in which the area proposed to be vacated
includes any area donated, dedicated or designated as a public park
or square: to the Attorney General of the State of Minnesota.
B.
No notice of such hearing need be mailed to the petitioners,
those who consent to the petition or the City of Breckenridge.
In any case where the City of Breckenridge owns
or occupies any platted area or any property abutting on any street,
alley or roadway, it may commence proceedings for vacation of such
platted area or street, alley or roadway, or any portion thereof,
by resolution of its Council without a petition. In such cases, all
provisions herein pertaining to notice, hearing and action to be taken
subsequent to hearing shall be the same as if such proceedings to
vacate were commenced by petition.
At the hearing provided for in the notice, the
Council shall hear all persons present and wishing to be heard and
shall consider all testimony presented, whether written or oral, pertaining
to said proposed vacation and damages to any person or property which
may result because of such vacation. Such hearing may be adjourned
from time to time by motion of the Council, recorded in the minutes,
and in cases of adjournment, no new notice need be given. If the Council
finds that it would be in the public interest, it may, by resolution,
declare such street, alley, roadway or platted area, or any portion
thereof, vacated. If it appears at such hearing that any person will
suffer damages different in kind from that suffered by the general
public as a result of said vacation, the Council may assess such damages
and provide for their payment before such vacation becomes effective.
The Council may also make such vacation subject to any other condition
or limitation that the Council may determine to be in the public interest.
Notwithstanding any other provision of this
article to the contrary, the Council may vacate a dead-end street
or alley without notice or a public hearing in any case where the
petition requesting such vacation is signed or consented to by all
of the owners and occupants of all of the property abutting both sides
and the end of such dead-end street or alley, or portion thereof,
requested to be vacated.
[Amended 5-7-2018 by Ord.
No. 499]
Within 20 days after the adoption of a resolution
of the City Council granting a vacation, any person aggrieved thereby
may appeal to the District Court by serving a notice of appeal upon
the Mayor or City Administrator or his/her designee of the City of
Breckenridge. Such notice shall state the grounds on which the appeal
is based and shall be filed with the clerk of the District Court within
10 days after its service. The City Administrator or his/her designee
shall furnish to the appellant a certified copy of the resolution
granting vacation and any other papers necessary to present the appeal.
The appeal shall be placed on the calendar of the next general term
of the District Court commencing more than 15 days after the serving
of such notice. All objections to the vacation and claims for damages
resulting from the vacation shall be deemed waived unless presented
on appeal.
[Amended 9-17-1973 by Ord. No. 288; 5-7-2018 by Ord. No.
499]
Upon completion of any vacation proceedings
which shall be deemed to be after the time for appeal has expired
or if there is an appeal after the time the appeal has been determined
and after all conditions contained in the resolution of vacation have
been complied with, the City Administrator or his/her designee shall
present to the County Auditor, who shall enter the same in the transfer
records and then record in the office of the Register of Deeds, a
notice of completion of the proceedings. No vacation shall be effective
until this notice is recorded in the office of the Register of Deeds.
