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MARK E. BATTIS Attorney At Law 1413 West Eldridge Avenue Roseville, Minnesota 55113 651-636-8773 January 17,2000 The Honorable John Kysylyczyn Mayor City of Rose vi lie 3083 Victoria Street North Roseville, Minnesota 55113 RE: Bradley Operating Partnership request for vacation of a portion of certain utility and drainage easements at HarMar Mall (PF3183) Dear Mr, Kysylyczyn: On January 12,2000, this matter came before the Planning Commission for a request by Bradley Limited Partnership ('13radley") to approve the requested vacation of the above-described utility and drainage easement. Staff in their comment number 3.4 acknowledged that ''No hearing or other site plan review of the proposed Cub store is required if Cub meets all code requirements, However, the vacation of this easement ultimately leads to a decision of whether a 24 hour Cub Food store may be placed on the fonner HomePlace site,.. City Zoning Code," At issue is the interpretation of the definition of the square footage of the HarMar Shopping Center, Bradley is proposing that the size should be 2, 111,018 square feet for the calculation of further site development. However, this measurement includes restrictive non-use easements on Snelling Avenue and County Road B, Please refer to the attached aerial map ofHarMar, The area subject to the restrictive non-use easement is marked red (''Easement Area"), You will note that Bradley is attempting to include all of Snelling Avenue to the west and one half of County Road B to the north, Bradley can never develop in this Easement Area unless Snelling Avenue and County Road B are closed and the restrictive non-use easement reverts back to Bradley, Since Snelling Avenue is a State road and a main thoroughfare, the chances of that happening is nonexistent. The same is true of County Road B. According to the tax map for Ramsey County, the size the of HarMar Shopping Center for tax purposes is 1,826,821 square feet. This is a more realistic calculation of the actual square footage that can be developed at the Shopping Center. This represents a difference of 284, 197 square feet which can never be developed, We had the same area calculated by a Mechanical Engineer and his calculations were very close to the figures as provided by Ramsey County, The square footage of the HarMar Shopping Center is critical in detennining the amount of further development that can take place on this site, Using the more realistic determination of the actual square footage as adopted by Ramsey County for ta.x purposes, the HarMar Shopping