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4.0B ACKGROUND 14 4.1The 1925 Twin View plat of this area dedicated 40 feet of right-of-way for Mount Ridge 15 Road. Then, in 1959, the owner of the property at that time conveyed (via quit claim 16 deed) another 10 feet of land on either side of the Mount Ridge Road right-of-way “for 17 public road and highway purposes.” The quit claim deed is recorded as Ramsey County 18 Document No. 1511814. 19 4.2Over time, the City determined that there was no public purpose in constructing a public 20 road in that location or in retaining the unused right-of-way. On July 13, 2009 the City 21 Council adopted Resolution 10733 vacating the Mount Ridge Road right-of-way; during 22 that same time, Roseville also conveyed to Roseville Acquisitions, LLC (via quit claim 23 deed) the two 10-foot strips of land flanking the right-of-way and purchased the land to 24 be used for Twin Lakes Parkway in this area. 25 4.3Because the City fee title ownership of the 10-foot strips, but did not acquire them as 26 dedicated right-of-way, the 10-foot strips were not vacated with the right-of-way 27 conveyed by the dedication on the Twin View plat. We’ve come to learn, however, that 28 Ramsey County is insisting that the 10-foot strips must also be vacated because the 29 original quit claim deed specified that the land was intended “for public road and 30 highway purposes.” The application has been submitted for the vacation of most of these 31 10-foot strips and, with a 6-0 vote, the Planning Commission supported the application 32 pursuant to the duly-noticed public hearing held on July 11, 2012. The remainder of 10- 33 nd foot strips lie within a portion of the Twin Lakes 2 Addition plat which is owned by 34 City of Roseville, so the application for of this remaining easement area was VACATION 35 held back until the conclusion of the plat process. 36 nd 4.4On July 23, 2012 the City Council approved the final Twin Lakes 2 Addition plat and 37 the associated development agreement. The plat included a 4,643-square-foot area 38 (known as the “disposal area”) projecting south from the Mount Ridge Road/Twin Lakes 39 Parkway roundabout which is currently owned by Roseville, and the development 40 agreement included provisions for the sale of this disposal area. The disposal area 41 comprises some of the 10-foot strip on the east side of the former Mount Ridge Road 42 right-of-way, which is part of the easement created by Doc. No. 1511814, and some of 43 the land acquired for the construction of Twin Lakes Parkway. Among the conditions of 44 approval of the plat and development agreement was the stipulation that “the Petition for 45 the vacation proceedings for that part of the public roadway and highway easement 46 created by Document No. 1511814 lying adjacent to and 10 feet on the east and west side 47 of vacated Mount Ridge Road within the Plat shall have been approved by the City.” 48 4.5State statutes governing the vacation of easements and rights-of-way stipulate that a 49 majority of fee owners of property adjacent to the land which is to be vacated must sign 50 the application (or the “petition,” in the parlance of State statutes) initiating the 51 request. In the present case, Roseville Acquisitions, LLC owns some of the VACATION 52 land, and Roseville owns the rest of the land in the form of Twin Lakes Parkway; 53 pursuant to City Council action on August 13, 2012, Roseville joined the application in 54 order to achieve the required majority of fee owners of the adjacent property, thereby 55 initiating this portion of the vacation process and, upon the successful conclusion of the 56 process, allowing the related condition of plat approval to be satisfied. On September 5, 57 2012, the Planning Commission held the duly-noticed public hearing for this application 58 and voted (6-0) to recommend that the request be approved. VACATION 59 PF12-001_RCA_092412 Page 2 of 4