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0 MEMORANDUM RE: Vacation of Clement Street Page Two which separates the parcels of land owned by the Sommerset 19 Condominium Association. 5. In our opinion, the ultimate solution could include the following: a. Clement Street could be vacated in its entirety from Wentworth Avenue to the northeast corner of the existing park subject to a drainage and utility easement of perhaps 20 feet. The northeast corner of the park is indicated as Point B. b. From Point B to Fourth Avenue, Clement Street could be vacated as a street, but retaining a 60 foot right-of-way for pedestrian purposes, drainage, and utilities. c. That area from Fourth Avenue to 3'z Avenue should not be vacated at all. There is sewer constructed in this street and the property immediately to the east which it serves .(between Fourth Avenue and 31z Avenue) has a soil condition problem. In the distant future, however, such properties will achieve such value that it will be economically feasible tc excavate the property and develop the land with residential units. 6. We suggest that none of the vacations outlined in the preceeding paragraph occur unless the street right-of-way for 32 Avenue (extension of Upper Colonial Drive) is secured. Preferably this should be done by negotiation with the Sommerset 19 people in exchange for the vacation program outlined. 7. With respect to the Jaeckel subdivision, we suggest that unless agreement can be reached with the Sommerset 19 people regarding the overall vacation program, there should be no vacation of Clement Street at this time. We suggest that the Council approve the Jaeckel subdivision without the vacation inasmuch as the 30 extra feet of land he would acquire with vacation will be there as open space in any case. Mr. Jaeckel or someone who purchases the easterly most lot of the two could request a variance to place his home within a few feet of the right-of-way line. This would be reasonable in our opinion inasmuch as we understand from Mr. Ed Kishel that the Sommerset 19 condominium building is located -within eight feet of the east side of the Clement Street right-of-way at this time. The required setback in either case, of course, would have been 30 feet. 8. In summary, we are suggesting that the public interest is best served if the City takes a very cautious approach to vacating the right-of-way inasmuch as the City gets no benefit from such a vacation. In the City of Saint Paul for instance, vacated right-of-wayis sold to property owners who benefit and acquire title. This practice has not been followed in suburban communities where title is simply reverted to the