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HANDBOOK FOR MINNESOTA CITIES Ag.Op.460-A-15(Nov.20, Thus, it is important for cities to examine the specific language • 1969). of a deed that restricts the purposes of the land to see if the deed created a trust. If a trust is created and the city sells the land,the buyer's ownership interest will terminate if the land ceases to be used for the purpose identified in the deed. Seattle Land&Improvement Where the park property is conveyed by a deed that contains Co.v.City of Seattle,79 P.780 no restrictions on its use, the city's authority to sell it to be (Wash. 1905). used for other purposes is unclear. Most cases have held that, Ferry v.City of Seattle,200 P. without use restrictions in the deed, a city may convey such 336(Wash. 1921). property for other purposes. Caldwell v.City of Seattle, 135 P.470(Wash. 1913). Minn.Stat.§541.023;See also, A city's power to convey land that is limited to a particular Minn.Stat.§500.20; purpose is a complicated legal consideration.The council Witchelman v.Messner,250 Minn.88,83 N.W.2d 800 should seek the advice of its city attorney prior to authorizing (1957);Witzig v.Phillips,274 any sale or disposition of the property. Minn.406, 144 N.W.2d 266 (1966). Ag.Op.469-A-15(May 15, Unless a bond issue is involved in a real property purchase,the 1967). council has complete discretion in decisions involving the purchase of real property. The statutes do not require the council to submit the question to voters. Cities may use contracts for deed for both buying and selling real property. • Vacating publicly owned utility easements and land dedicated to streets and alleys Statutory cities and home rule cities of the third and fourth Minn.Stat.§412.851. class may abandon ownership or control over all or any part of Minn.Stat.§§440.13-.135;See land they have set aside,dedicated or used as streets or alleys. also§505.14(for plat vacations). A statutory city may also vacate any publicly owned utility Minn.Stat.§462.358,subd.7. easement or boulevard reserve. Steps to do so are: See League memo,Procedure for Vacation of Streets in Cities,525B.2. • The council may initiate the action by resolution,or a majority of property owners who abut the land to be vacated may petition for this action. Such petitions probably need signatures from both a majority of landowners, and the owners of at least 50 percent of the land area. 402