Purpose 

Most properties in the city have easements that provide access to the city and utility companies for infrastructure improvements and maintenance. Typically, these easements are dedicated as drainage and utility easements on the front, back and sides of the lot.

In some instances, it may become necessary for a property owner to wish to vacate a portion of an unused easement to construct a garage, shed, or deck. The vacation process takes at least 45 days and begins with a petition submitted to the City Council by the property owner. Not every petition can be supported by staff, as there may be existing utility lines or pipes buried in the easement, or in some cases, overhead lines that require the easement be left as is for access.

Fees

The fees for easement vacations are:

• $250 for the first lot for single family residential plus $50 per additional lot
• $500 for all others

Process

Please follow these steps for easement or right-of-way vacation:

1. Complete a Petition
   • Contact the Engineering Department at 763-785-6172 to complete a petition. Applicant may need to hire a Licensed Surveyor to provide a description and "Autocad" drawing of the proposed vacation.
2. Receive petition and order Public Hearing
   • Council is asked to receive a petition from a property owner. The Council will vote to set a meeting to give people a chance to voice their concerns about the changes to the easement or right-of-way.
3. Published and Written Notice of Public Hearing
   • City will publish once in the Official Newspaper at least 2 weeks before the Public Hearing date, and will post notice to the public.
   • Written notice with attached petition to be sent to affected property owners at least 10 days prior to Public Hearing. Utility companies also receive notice of the hearing.
4. Public Hearing and adopt Resolution
   • Council will hold Public Hearing and adopt the Resolution if there are no objections.
   • The Public Hearing gives interested people, including utility companies, a chance to voice their concerns about the vacation.
   • The Public Hearing is generally one month after the petition is received.
5. Record Resolution 
   • After the Resolution is adopted, the Resolution is filed y the City with the County Recorder’s Office to be recorded on affected properties. 

Please note that the process takes at least 45 days to accomplish.