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Attachment D <br />VACATION AND <br />RE- GRANTING AGREEMENT <br />This Agreement is made this day of , 2008 by and between the <br />City of Roseville, a Minnesota municipal corporation (hereinafter the "City ") and old <br />Dominion Freight Line, Inc., a Virginia corporation (hereinafter the "owner "), the fee owner of <br />the real property located within the City and Ramsey County, Minnesota described in Exhibit A <br />(hereinafter the "Exhibit A Property "). <br />RECITALS <br />WHEREAS, a Quit Claim Deed, dated April 29, 1959 and recorded as document number <br />1511814 at the Ramsey County Recorder's office on June 7, 1960 (hereinafter the "1959 Quit <br />Claim Deed "), purports to quit claim and deed to the City certain 10 foot strips of property <br />affecting the north and east sides of the Exhibit A Property, all as more fully shown on Exhibit <br />US <br />WHEREAS, the 1959 Quit Claim Deed indicates the conveyance is for public roadway <br />and highway purposes; <br />WHEREAS, the City believes the 1959 Quit Claim Deed conveyed fee simple title to the <br />10 foots strips of property, with a use restriction; <br />WHEREAS, the Owner believes the 1959 Quit Claim Deed conveyed only a permanent <br />public easement for roadway and highway purposes; <br />WHEREAS, the City has not, to date, utilized the 10 foot strips for roadway or highway <br />purposes, but may do so in the future; <br />WHEREAS, owner is in the process of selling a portion of the Exhibit A Property to <br />Metro Transit for the purpose of constructing and operating a Park and Ride facility (hereinafter <br />