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ATTACHMENT #6 if �• E RUD & SONS, INGe sTion Gi Professional Land Surveyors To: Joel Hanson City of Little Canada From: Jason Rud Date: February 14, 2013 Re: 33 Foot Street Easement Vacation- PINETREE POND 6776 Lake Drive NE, Suite 110 Lino Lakes, MN, 55014 Phone: (651) 361 -8200 Fax: (651) 361 -8701 www.egrud.com The purpose of this memo is to provide some background information to the existing street easement that encumbers the proposed plat of PINETREE POND. I have reviewed the street easement granted to the City of Little Canada created per Ramsey County Document Number 1729438. This easement is described as "The East 33 feet of that part of the West Half of the Southwest Quarter of the Northwest Quarter of Section 4, Township 29, Range 22, lying Northerly of Labore Road according to the plat thereof on file and of record in the office of the Register of Deeds in and for Ramsey County." The 33 foot strip described above lies entirely within the parcel that was conveyed to Masterpiece Homes via Trustee Deed, Ramey County Document Number 4132382. This has been confirmed with an initial review by the Ramsey County Surveyor's Office as well. In the redevelopment of this parcel, said street easement is proposed to be vacated as part of the development application. I understand question has arisen regarding the accrual of this easement area. As noted above the area that is encumbered by the easement is owned in fee title by Masterpiece Homes. As a result, the area encumbered by said street easement, following the vacation, will remain in fee title by Masterpiece Homes. This area would not accrue to the neighbor at 2925 Labore Road. Neighboring parcel owners have brought up the question of whether a portion of this easement area would accrue to their neighboring property. Again, 1 have forwarded our preliminary plat to the Ramsey County Surveyor, and they have agreed that this would not be the case with their initial review. The circumstances involving said easement vacation are different than a "simultaneous conveyance ", otherwise known as a plat. In a simultaneous conveyance, adjoining parcels will accrue to the centerline of the vacated right of way. The easement granted above was not part of a simultaneous conveyance, so this would not apply. I hope this information helps clarify the issue, and provide some pertinent background information. Feel free to call me at 651 - 3614200 with any additional questions that you may have. Ultimately if legal advice is needed, then an attorney should be consulted. Jason Rud President 29