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<br /> <br />TOM FOLEY <br />COUNTY ATTORNEY <br /> <br />OFFICE OF THE COUNTY ATTORNEY <br />RAMSEY COUNTY <br />SUITE 400 <br />350 ST. PETER STREET <br />ST. PAUL, MINNESOTA 55102 <br /> <br />TELEPHONE (612) 298-4421 <br />FAX 298-5316 <br />& 292-7827 <br /> <br />MEMORANDUM <br /> <br />TO: Board of County Commissioners <br /> <br />FROM: David HacMillan (f\ . <br />Assistant county~ <br /> <br />RECEIVED <br /> <br />DATE: September 3, 1991 <br /> <br />SEe 1 11991 <br />RAMSEY COUNTY <br />PUBLIC WORKs <br /> <br />RE: COUNTY ROAD VACATION <br />(South Owasso Boulevard) <br /> <br />BACKGROUND <br /> <br />Ramsey Cöunty has received a request from Mr. Gordon Fenner to vacate <br />a portion òf the South Owasso Boulevard right-of-way. The portion <br />sought to be vacated is a quadrilateral 8 feet x 55 feet x 24 feet x <br />59 feet and lies at the point where South Owasso Boulevard turns from' <br />a generally east/west orientation to a north/south orientation in the <br />vicinity of the Burlington Northern Railroad tracks. <br /> <br />Apparently, at some point in the past, Mr. Fenner's predecessor in <br />title constructed a garage which partially encroaches on the right-of- <br />way. At the point of encroachment, the right-of-way for the road, as <br />platted, is below a small bluff, which means that as a practical <br />matter the road cannot be built on the platted right-of-way. It is <br />unlikely that this portion of the road will be useful for construction <br />of an actual traveled road. <br /> <br />ANALYSIS <br /> <br />Our office has submitted memoranda in connection with this request on <br />November 14 and 15, 1990, both of which expressed reservations as to <br />the permissibility of this partial vacation. <br /> <br />Our office has reconsidered the conclusions in those memoranda and has <br />