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,''\ ,�a, resen�e purposes, in the same manner as vacation proceedings are conducted for streets, alleys and other public ways under a home rule charter or other provisions of law. 4.3 In 1997 the City Council approved the Centre Pointe PUD and, along with it, specific development plans and/or terms and conditions under which development would be allowed. The utility and drainage plans identified/created storm water management ponds designed to accommodate adjacent development drainage. One such pond and subsequent public drainage easement, lies in the southeast corner of the Ehlers property. 4.4 Ehlers' desire to expand their office building in compliance with the PUD will require the storm water management pond to be redesigned, the existing easement to be vacated, and the a new easement to be created for the new pond configuration. 5.0 STAFF COMMENTS: 5.1 When reviewing requests for vacating public EASEMENTS (in this instance a pond easement), the Public Works/Engineering Department determines whether the request will immediately or in the future, have an adverse impact the general health, welfare, or safety of the citizens of the City of Roseville. The Department also determines whether it is in the best interest of the City to retain an easement protecting the public interest. 5.2 The Public Works/Engineering Department has reviewed the request by Ehlers and has determined that the subject storm water easement can be vacated and replaced by a new easement that covers the redesigned and approved (by Rice Creek and City Engineer) storm water pond. 6.0 STAFF RECOMMENDATION: 6.1 Based on the comments and findings outlined in Section 4 and 5 of this report, the Planning Division recommends approval of the request for a VACAT1oN of a certain UTILITY and DRAINAGE EASEMENT at 3060 Centre Pointe Drive, subject to the following conditions: a. The vacated easement must be consistent with the legal description and survey dated March 4, 2009, and reviewed as part of this application; and b. A new utility and drainage easement must be dedicated, which covers the newly designed and approved storm water management pond, prior to the easement vacation is recorded. 7.0 SUGGESTED ACTION: 7.1 BY MOTION, RECOMMEND APPROVAL OF A UTILITY AND DRAINAGE EASEMENT VACATION for Ehlers and Associates, 3060 Centre Pointe Drive, based on the comments and findings of Section 4 and 5 and the conditions of Section 6 of the project report dated March 26, 2009. Prepared by: City Planner Thomas Paschke (651-792-7074) Attachments: A: Area map C: Alta Survey B: Aerial photograph D: Vacation/Rededication Illustration PF09-009 RPCA 040109.doc Page 2 of 2