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and street an area west of Chandler A venue, south of McCarrons Boulevard, and north of Wagner Street. Specific to this plat was a 30 foot wide dedication for the future roadway to be known as Wagner Street. 5.2 In 1979 the City installed sanitary sewer and water main within a portion of the previously dedicated right-of-way. 5.3 On May 6, 1992, a roadway easement for a portion of the Western Avenue cul-de-sac was granted to the City of Ro seville , 5.4 On August 24,2004 the City Council approved the VACATION of the southern of the undeveloped Wagner Avenue ROADWAY EASEMENT. 5.5 Sue & Jay Rollinger and Anne & Ray Elias-Cartwright, property owner at 403 Wagner Street and 1823 Western Avenue respectively, have requested that the 30 foot wide portion of Wagner Street Right-of-Way be vacated. Specifically, a portion generally 30 feet by 158.5 feet as confirmed by the Public Works Department. 6.0 STAFF FINDINGS: 6,1 The proposal to vacate a portion of the Wagner Street Right-of-Way has been reviewed by the Public Works Department. The road right-of-way being requested for vacation has been determined to be unnecessary. Specifically, Wagner Street will remain a dead end cul-de-sac west of Western Avenue (never to connect). However, an existing public water main and sanitary sewer lie beneath the portion of right-of-way proposed to be vacated and therefore a utility easement must be retained. 6.2 Additionally the Park & recreation Commission reviewed the request and determined that is was in the City's best interest to retain a similar easement for future pathway purposes, 7.0 STAFF COMMENT & RECOMMENDATION: 7.1 Based on the determination of the Public Works Department a 30 foot by 158.5 foot portion of the Wagner Street right-of-way is no longer necessary for roadway purposes. The City Planner recommends approval of the W AGNER STREET RIGHT -OF - WAY V ACATION requested by Sue & Jay Rollinger and Anne & Ray Elias-Cartwright, subject to the following conditions: a. The retention of a 30 foot wide utility easement and pathway easement over the portion of street right-of-way to be vacated. b. The applicant must submit the legal description of the area to be vacated and the proper legal document on which to record the vacation at Ramsey County, both to PF3599_RCPA_120104..doc Page 2 of2