Boundary Waters Circle within Riverfront Point Subdivision was vacated by City Council at the December 15, 2008, Council meeting.  When Riverfront Point Subdivision was platted, all of the street right of ways were dedicated as 50-feet wide with 5-foot sidewalk and fire hydrant easements.  This allowed the the street to be installed in the right of way with the sidewalks and fire hydrants installed in the easements.  Subdivision regulations have changed since then requiring 56-feet of right of way.  When Boundary Waters Circle was vacated, the 5-foot easement was not released.  Since the vacation of Boundary Waters Circle, buildings have been constructed over the vacated portion and the sidewalk easements.  With the construction of the multi-family buildings, internal sidewalks were constructed.   

The Council may:

• Accept the release of easement along the vacated portion of Boundary Waters Circle, or
• Do not accept the release of easement along the vacated portion of Boundary Waters Circle.

There is no financial impact with acceptance of the release of easement.

Staff recommends that council accept the Release of Easement along the vacated portion of Boundary Waters Circle.