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REQUEST FOR COUNCIL ACTION <br /> DATE: 8/13/2012 <br /> ITEM NO: 7.e <br />Department Approval City Manager Approval <br />Item Description: Authorize the City Manager to Act on Behalf of the City in Signing the <br />Petition to Vacate Public Roadway Interest in the “Disposal Area” of the <br />nd <br />Twin Lakes 2 Addition Plat <br />(PF12-001). <br />1.0B <br />ACKGROUND <br />1 <br />nd <br />1.1On July 23, 2012 the City Council approved the final Twin Lakes 2 Addition plat and <br />2 <br />the associated development agreement. The plat included a 4,643-square-foot <br />3 <br />(approximately 0.11-acre) area projecting south from the Mount Ridge Road/Twin Lakes <br />4 <br />Parkway roundabout which is currently owned by Roseville, and the plat included <br />5 <br />provisions for the sale of this land to be incorporated in the platted area. <br />6 <br />1.2Among the conditions of approval of the plat and development agreement was the <br />7 <br />stipulation that “ <br />the Petition for the vacation proceedings for that part of the public <br />8 <br />roadway and highway easement created by Document No. 1511814 lying adjacent to and <br />9 <br />10 feet on the east and west side of vacated Mount Ridge Road within the Plat shall have <br />10 <br />” Document No. 1511814 refers to a 1959 quit claim deed by <br />been approved by the City. <br />11 <br />the then-owner of the property to Roseville “for public road and highway purposes.” <br />12 <br />Roseville Acquisitions, LLC has applied for—and the Planning Commission has <br />13 <br />supported—the vacation of these roadway easements which lie outside of the disposal <br />14 <br />area, but the remaining portion of these easements lies within the disposal area and the <br />15 <br />application (or the “petition,” in the parlance of State statutes) for vacation of this <br />16 <br />remaining easement area has been held back pending the conclusion of the plat process. <br />17 <br />Attachment C illustrates the easement area created by Document No. 1511814 for which <br />18 <br />the vacation process has not been initiated. <br />19 <br />1.3State statutes governing the vacation of easements and rights-of-way stipulate that a <br />20 <br />majority of fee owners of property adjacent to the land which is the subject of a vacation <br />21 <br />request must sign the petition (or application) initiating the vacation request. In the <br />22 <br />present case, Roseville Acquisitions, LLC owns some of the land, and Roseville owns the <br />23 <br />rest of the land in the form of Twin Lakes Parkway; Roseville must join this application <br />24 <br />in order to achieve the required majority of adjacent fee owners and thereby initiate the <br />25 <br />vacation process and, upon the successful conclusion of the process, allow the related <br />26 <br />condition of plat approval to be satisfied. <br />27 <br />1.4Although the deed for the land area used in conjunction with Twin Lakes Parkway, <br />28 <br />including the disposal area, appears to give Roseville fee title ownership with no <br />29 <br />specification outside of the easement overlying the western 10 feet of the disposal area <br />30 <br />that the land was acquired for public roadway purposes, Roseville Acquisitions is <br />31 <br />requesting that the City vacate the entire disposal area at this time to be explicit about <br />32 <br />PF12-001_Disposal_Vacation_RCA_081312 <br />Page 1 of 2 <br /> <br />