Sponsor: Public Works
Title
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Vacation of Unimproved County Road Right-of-Way
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Recommendation
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1. Approve the vacation of unimproved county road right-of-way located along the eastern border of Ramsey County within the Northeast Quarter of the Southeast Quarter and the Southeast Quarter of the Southeast Quarter of Section 24, Township 28, Range 22, Ramsey County, Minnesota.
2. Request that a copy of this resolution be filed with the County Auditor and the County Recorder.
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Background and Rationale
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A recent review of a proposed subdivision plat revealed that the land included an interest in favor of the County of Ramsey ("County") as road right-of-way that is not currently being used and does not appear to be necessary for current or planned needs.
The unused county road right-of-way is located on the eastern border of Ramsey County, bordering Washington County’s western border. The legal description, which contains the unused right-of-way to be vacated, is: The east 33 feet of the Northeast Quarter of the Southeast Quarter and the Southeast Quarter of the Southeast Quarter of Section 24, Township 28, Range 22, Ramsey County, Minnesota. This property has historically been part of the Bailey Nurseries property.
Review of the history of the right-of-way demonstrates that the right-of-way was created in 1894, according to Document No. 182943, through an order of the Ramsey County Board of Commissioners opening the county road. The order clearly defined a specific location for the road, though there is no evidence that the road was actually built through this particular property. Other north-south roadways in the area were established, likely reducing the need to build the road at this location. The proposed subdivision will dedicate new right-of-way on the Washington County side of the project, east of where the current right-of-way is.
The vacation of unused rights-of-way that are recorded against the property and are not currently used or needed for foreseeable public uses would return the property to unencumbered use by the property owner, would help clear the title to the property, would remove land that requires potential county maintenance, and would eliminate risk and potential liabilities associated with the historic property interests. Therefore, the county engineer recommends vacating the county's interest in the unused right-of-way. The county may vacate its interest in the county highway pursuant to Minnesota Statute Section 163.11, subdivision 4 if:
• The County Board approves this resolution.
• The county has caused personal service of this resolution to be made upon each occupant of land through which the vacated portions pass.
• The county also must post notice of the resolution for at least ten days.
• The county shall file this resolution together with proof of service and the affidavit of posting in the County Auditor's Office and the County Recorder’s Office.
• Any person claiming to be damaged by the vacation may appeal within 30 days after the service.
Therefore, Ramsey County may vacate the interest in the county road right-of-way by adopting this resolution to vacate the above-described right-of-way and completing the above-described steps.
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County Goals (Check those advanced by Action)
☒ Well-being ☒ Prosperity ☒ Opportunity ☐ Accountability
Racial Equity Impact
There is no impact racial impact associated with this action.
Community Participation Level and Impact
The resulting resolution must be personally served to each occupant of the land which the vacated portion passes. There is no other community engagement associated with this action.
☒ Inform ☐ Consult ☐ Involve ☐ Collaborate ☐ Empower
Fiscal Impact
There is no fiscal impact associated with this action.
Last Previous Action
None.
Attachments
1. Attachment A - Roadway Vacation Exhibit