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JAMES M. NEILSON <br />Attorney at Law <br />118 East Main Street <br />Anoka, MN 55303 <br />Tel: (763) 489-4000 <br />Fax: (763) 489-4001 <br />Email: jim@neilson-law.com <br />January 6, 2016 <br />Real Property Law Specialist certified <br />by the Minnesota State Bar Association <br />VIA EMAIL AND U.S. MAIL <br />peter@peterbecklaw.com <br />Peter J. Beck <br />Attorney at Law <br />2600 U.S. Bancorp Center <br />800 Nicollet Mall <br />Minneapolis, MN 55402 <br />Re: Ronald L. Dargis and Paula J. Dargis <br />James Burgoyne <br />City of Elk River <br />Vacation of York Avenue, formerly known as Oak Street, between Blocks 2 and 3, Map <br />of Orono (Sherburne County, Minnesota) <br />On January 5, 2016 I discussed tax values with Greg Olson, the Sherburne County Assessor. He <br />advised me that the tax value for Lots 5 and 6, Block 2, Orono, is based upon the platted lots of 66 <br />feet x 330 feet = 21,780 square feet. The tax value does not include any portion of York Avenue, <br />formerly known as Oak Street, or Main Street. He further stated that if York Avenue is vacated <br />the tax value for the Dargis property would be increased due to the fact that the lot would be <br />increased by the west half of the vacated street, which would make the total lot of 99 feet x 330 <br />feet = 32,670 square feet. Then the total value of the property would be increased, which would <br />also normally increase the real estate taxes on the property. <br />Minn. Stat. § 412.851 provides: <br />"No vacation shall be made unless it appears in the interest of the public to do so..." <br />The resolution of the Elk River Village Council, in vacating Vine Street on August 1, 1938, <br />provided: "after hearing the evidence presented to it in favor of said petition that the said street <br />had never been used or open to use by the public and that it would be to the best interests of the <br />public to vacate the same". <br />The resolution of the Elk River Village Council, in vacating Walnut Street on May 21, 1973, <br />provided: "that said portion of Walnut Street is not serving any public purpose, and that it would <br />be in the best interest of the public to vacate said portion of Walnut Street". <br />