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8 3.0 BACKGROUND 9 3.1 The property at 2305 Walnut Street, located in City Planning District 11, has a 10 Comprehensive Plan designation of Industrial (I) and a corresponding zoning 11 classification of Industrial (I) District. 12 3.2 On May, 9, 1963 the predecessor in interest of the subject land granted the Village of 13 Roseville a public street easement for County Road B2, now referred to as Terminal Road 14 in this area. Because this road segment never functioned as a public street as intended, the 15 City Council eventually decided to abandon its public interest and, on May 12, 1986, 16 approved the execution of a Release of Easement and Quit Claim Deed in favor of the 17 predecessor of interest. 18 3.3 During the process of platting the property in 2011, the Ramsey County Surveyor had 19 indicated to Meritex that the public road easement of 1963 needed to be properly vacated 20 under Minnesota Statute 412.851. In September 2011, the City Council formally vacated 21 the right -of -way easement overlying the property being platted at that time, namely the 22 Highcrest Park 3rd Addition plat. A copy of this preliminary plat is included with this 23 report as Attachment C; notice that the northern end of the plat features a 30-foot by 17- 24 foot area which was owned by another party and which was, therefore, not included in the 25 plat. Because that small rectangle of land was not part of the plat it was, consequently, 26 excluded from the proceedings to vacate the right -of -way easement overlying the land 27 within the plat. 28 3.4 Then, in April 2013, Meritex applied for approval of the Highcrest Park 5th Addition plat, 29 at which time the 30-foot by 17 -foot rectangle, identified on the preliminary plat as Parcel 30 2, was acquired for inclusion in the plat; a copy of this preliminary plat document is 31 included with this report as Attachment D. Once again, the astute Ramsey County 32 Surveyor noticed that the 1963 right -of -way easement had not yet been vacated from this 33 small area; the County Surveyor cannot accept the plat for filing without the easement 34 until the easement is properly vacated. This present application, then, seeks to formally 35 vacate the last of this right -of -way easement remaining on the former Meritex property so 36 that the plat can be filed. 37 3.5 Because this is a City- initiated vacation proceeding, the typical 60 -day action timeline 38 required in Minn. Stat. 15.99 does not apply, as noted in the Application Review Details 39 section at the top of this RCA. Additionally, because this is a City- initiated vacation 40 proceeding rather than one initiated by petition of the surrounding property owners, it 41 must have 4 out of 5 affirmative votes from the City Council to gain approval. 42 4.0 VACATION ANALYSIS 43 4.1 The City of Roseville Public Works Department staff has reviewed the proposed vacation 44 of right -of -way easement and supports the vacation, more as a housekeeping item, since 45 the City took actions in 1986 and 2011 to abandon its interest as a public street /roadway 46 and vacate the surrounding easement. 47 4.2 Since the Planning Commission is responsible for holding the public hearings for 48 applications like the proposed vacation, Planning Division staff is preparing the report 49 and supporting materials for review. But Planning staff doesn't have an interest, per se, in 50 such proposals and merely conveys the comments and recommendation of the Public PF 11 -024 RCA 120913 . doc Page 2 of 3