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Warren E.Peterson Suite 800 <br /> ERSON <br /> Jerome P Filla 1 V. C V 55 East Fifth Street <br /> Daniel Witt Fram FILM BERGII/IAN 5t.Paul,MN 55101-1718 <br /> Glenn A.Bergman (651)291.8955 <br /> John Michael Miller (6511 228.1753 facsimile <br /> Michael T.Oberle www.pfb-pa.com <br /> Steven H.Bruns* <br /> Paul W.Fahning* <br /> Sonja R.Ortiz <br /> Ben I.Rust <br /> Jonathan R.Cuskey <br /> Tracy 1.Halliday <br /> Jared M.Goerlitz <br /> Dan M.Duffek* <br /> (651)290-6907 <br /> jfiJ1aapfb-pa.com <br /> Tune 15, 2010 <br /> Ms. Michelle Olson <br /> Park & Recreation Director <br /> City of Arden Hills <br /> 1245 West Highway 96 <br /> Arden Hills, MN 55112. <br /> RE: Right-of-Way Use Rights <br /> Our File No.: 10450.10-6 - <br /> Dear Michelle: <br /> The City normally acquires the right to use a portion of private property for a public <br /> roadway as a result of the dedication on a plat, the receipt of a grant of easement or, in <br /> some cases, as a result of a statutory dedication. In the latter case, the City would need <br /> to use and maintain a private road for six (6) years. <br /> In all of the above circumstances, the City acquires the right to use property for a <br /> specific public purpose. The City does not acquire fee title. The underlying title <br /> continues to reside in the name of the party who platted the property, or who conveyed the easement, or who is the owner of the property over which the City received a <br /> statutory dedication. If the City determines that the use as a public right-of-way is no <br /> longer necessary, the City can vacate its interest in the right-of-way and the full use of <br /> the former right-of-way reverts to, in most cases, the adjacent property owner. <br /> It's unusual for a City to improve the full width of a right-of-way. The unimproved <br /> portion of the right-of-way is sometimes referred to as a boulevard and is otherwise <br /> indistinguishable from the remainder of the adjacent owner's front yard. Since the <br /> adjacent owner is usually the underlying fee owner of the right-of-way area (including <br /> the unimproved portion of the right-of-way), the adjacent owner can use the <br /> unimproved portion of the right-of-way so long as the adjacent owner's use does not <br /> interfere with or obstruct the City's use of the area as a right-of-way. <br /> *ALSO ADM17TE❑IN WISCONSIN <br />