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Item No: 11B(1) <br />Meeting Date: Aug 27, 2007 <br />Type of Business: Reports <br />Administrator Review : ____ <br />City of Mounds View Staff Report <br />To: Honorable Mayor and City Council <br />From: James Ericson, Community Development Director <br />Item Title/Subject: Request to Vacate Excess Right of Way Between <br />2091 and 2101 Hillview Road <br /> <br />Introduction: <br /> Judy Silverness, property owner of 2091 Hillview Road, has submitted a request to the City <br />to vacate a 50-foot right of way stub off of Hillview Road between her property and the <br />property located at 2101 Hillview. The right of way stub extends the depth of the properties <br />on Hillview, backing up to the Colonial Village Manufactured Home Park. The right of way <br />was likely dedicated prior to the development of the manufactured home park. <br /> <br />Discussion: <br /> <br />Staff has reviewed this request and determined that there are no utilities within this right of <br />way although there is a drainage easement at the back end of the Hillview Road lots through <br />which a 54 inch storm sewer is located. Vacating the right of way, if such action is pursued, <br />would not impact or affect the easement. <br /> <br />Staff has requested a legal opinion from the City Attorney as to the process by which the City <br />could dispose of the right of way, if it so desired. Ultimately, how the right of way was <br />originally acquired may dictate how the right of way may be vacated or disposed of. In any <br />case, whether the right of way is offered for purchase by the adjoining property owners (2101 <br />Hillview, 2091 Hillview or Colonial Village) or simply vacated for administrative costs only, the <br />action would require Planning Commission review for consistency with the Comprehensive <br />Plan and Council approval by ordinance after a public hearing, according to the City Charter. <br /> Staff has requested a copy of the document number associated with this right of way from <br />Ramsey County which will hopefully clarify when and how the right of way was obtained and <br />how it can be vacated. <br /> <br />Recommendation: <br /> <br />Review the request and provide direction to staff as to whether the Council is interested in <br />considering the request from Ms. Silverness. If the Council chooses to retain the right of <br />way, the Parks department will be requested to add the tract of land to the list of City <br />properties for mowing on a regular basis. <br /> <br />Respectfully submitted, <br /> <br /> <br /> <br />________________________ <br />James Ericson <br />Community Development Director <br /> <br />