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must area proper legal on to record vacation at be reviewed and approved by the Director of Public Works, c. Retention of existing utility easements and creation of a pathway easement for continued use by the public 7.0 PLANNING COMMISSION ACTION: 7.1 On October 6, 2004 the Roseville Planning Commission held the initial public hearing regarding the request street right-of-way vacation. At this hearing the applicants were present to address the Commission and the City Planner was present to answer any questions of the Commission and applicant. 7.2 The City Planner presented the request and requested that the vacated right-of-way be retained as a utility and drainage easement and that a new pathway easement be retained at the request of the Park & recreation Department. 7.3 The Applicants and Commission indicated concern with the retention of a pathway easement given there is no current path to connect to, nor a path on the Master Sidewalk and Pathway Plan, The hearing was continued to December 1, 2004 to allow the Park & Recreation Commission to consider the pathway ease request. 7.4 At the November 4th, 2004 Roseville Parks and Recreation Commission meeting the Commissioners voted to recommend retaining the pathway easement. This was primarily due to the proximity and connection to Reservoir Woods, Ramsey County Open Space, Tamarack Park and Lake McCarrons. Although they see no immediate need for such a pathway or trail they were reluctant give up the public access forever. 7,5 O)n December 1,2004 the Commission reopened the hearing and voted (6-0) to recommend approval of the request to VACATE a 30 foot by 158.5 foot portion of WAGNER STREET RIGHT-OF-WAY and retain a utility & drainage easement and a pathway easement (based on the findings in Section 5 and the conditions of Section 6 of the project report dated December 1,2004). 7.0 SUGGESTED CITY COUNCIL ACTION: 7,6 ADOPT A RESOLUTION APPROVING the VACATION ofa 30 foot by 158.5 foot portion ofW AGNER STREET RIGHT-OF-WAY based on the findings in Section 5, conditions of Section 6, and the recommendation of the Planning Commission stated in Section 7 of the project report dated January 31, 2005. Prepared by: Thomas Paschke (651-792-7074) Attachments: Property location map, aerial photo w/details, site plan, narrative, and draft PC minutes. PF3599 _RCA_OI3105.doc Page 3 on