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98-747Return copy to: Real Estate Division 140 City Hall ORl�INA�. RESOLUTION Presented By Referred To Council File # ig'1 Green Sheet # �_� NNESOTA aa Committee: Date 1 WHEREAS, due to an ambiguously defined east right-of-way line in that part of Western Avenue lying 2 southerly of the south right-of-way line of Ramsey Street and northerly of the northwesterly right-of- 3 way line of Grand Avenue (formerly known as Oakland Avenue), a cloud exists on properties adjoining 4 the said east right-of-way line; 5 THEREFORE BE IT RESOLVED, that, upon the petition of Maui Pacific, Inc., as documented in 6 Finance Department File Number 1-1998, public properties hereinafter described aze hereby vacated and 7 discontinued as public property: and, subject to the herein stated exceptions, the easements within those 8 public properties aze hereby released. 9 The property to be vacated is described as foliows: 10 that part of Western Avenue lying easterly of the west line of the southeast quarter of Section 1, 11 Township 28 North, Range 23 West, Ramsey County; southerly of the south right-of-way line of 12 Ramsey Street; and northerly of the northwesterly right-of-way line of Grand Avenue (formerly 13 known as Oakland Avenue). 14 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the 15 Saint Pau1 Legislative Code as amended, and to the following conditions: 16 1 17 18 2. 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 That the petitioner's, their successors and assigns shall pay $500.00 as an administrative fee for this vacation which is due and payable within 60 days of the effective date of this resolution. That the City shall retain a permanent public right-of-way easement over, under and across that part of the area to be vacated lying within the following described boundaries: Commencing at the northwest corner of the southeast quarter of Section 1, Township 28 North, Range 23 West; thence south 46.54 feet along the west line of said southeast quarter; thence east 21.78 feet to the northwest corner of Block 1, RAMSEY HILL TOWNHOMES; thence south along the west line of said Block 1 a distance of 104.24 feet to the point of beginning; thence south along the west line of said Block 1 and its southerly extension to the intersection with the noxthwesterly right-of-way line of Grand Avenue (formerly Oakland Avenue and formerly Pleasant Avenue) as opened across Whitacre, Brisbine & Mullen's subdivision of Lots 1& 2 of Leech's addition of Outlots to the town of Saint Paul; thence southwesterly along said northwesterly right-of-way line of Grand Avenue, a distance of 16.98 feet more or less, to the west line of said southeast quarter, thence north along the west line of said southeast quarter to the intersection with a line that bears North 89 degrees 17 minutes 00 seconds West from the point of beginning ( said line being pazallel with the south line of said Block 1); thence South 89 degrees 17 minutes 00 seconds East, pazallel with the south line of said Block 1, to the point of beginning. ��-�� 1 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any 2 other objects that will prohibit normal access to utility facIlities for maintenance purposes 3 will be pernutted within the easement azea. 4 b. Improvements in or upon the above described easement that do not prohibit the City from 5 exercising its reserved rights may be allowed by obtaining written permission from the 6 Department of Public Works Sewer Division with the understanding that the restoration and 7 costs of such improvements shall be the sole responsibility of the petitioner, its successors 8 and assigns in the event the Ciry exercises its reserved easement rights. 9 c. No change from the existing grade within the easement area will be pernutted without written 10 pernussion from the Department of Public Works. 11 d. No change in surfacing within the easement azea will be permitted without written 12 pemussion from the Department of Public Works. 13 e. The petitioner, its successors and assigns shall indemnify, defend, and save harmiess the City 14 of Saint Paul, its officers, agents, employees, and servants from all suits, actions, or claims 15 which shall arise from any injuries or damages received or sustained by any break in any 16 service pipe or connection in said resetved easement azising out of or resulting from any 17 action or negligence of the petitioner, its employees, agents, or business invitees. 18 19 3. That, a perxnanent utility easement shall be retained on, over, under and across that part of the azea 20 to be vacated lying within the following described line: 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Commencing at the northwest corner of the southeast quarter of Section 1, Township 28 North, Range 23 West; thence south 46.54 feet along the west line of said southeast quarter to the point of beginning; thence east 21.78 feet to the northwest corner of Block 1, RAMSEY HII.L TOWN HOMES; thence south along the west line of said Block 1 and its southerly extension to the intersection with the northwesterly right-of-way line of Grand Avenue (formerly Oakland Avenue and formerly Pleasant Avenue) as opened across Whitacre, Brisbine & Mullen's subdivision of I,ots 1& 2 of L,eech's addition of Outlots to the town of Saint Paul; thence southwesterly along said northwesterly right-of-way line of Grand Avenue, a distance of 16.98 feet more or less, to the west line of said southeast quarter; thence north along the west line of said southeast quarter to the point of beginning. on behalf of the City of Saint Paul, Department of Public Works to reserve the right of the City to maintain and operate any sewer in or upon said easement and to enter upon said easement or any portion thereof at any time and from time to time, for the purposes of future consriuction, reconshuction, inspecting, maintaining or repairing the same or any part thereof and shall be subject to the following conditions: q �.�� 2 3 4 5 6 7 9 10 11 ia 13 14 15 16 17 18 19 20 21 22 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any other objects that will prohibit normal access to utility facilities for maintenance purposes will be permitted within the easement azea. b. Improvements in or upon the above described easement that do not prohibit the City from exercising its reserved rights may be allowed by obtaining written permission from the Department of Public Works Sewer Division with the understanding that the restoration and costs of such improvements shall be the sole responsibility of the petitioner, its successors and assigns in the event the City exercises its reserved easement rights. c. � No change from the existing grade within the easement area wili be pernutted without written pernussion from the Department of Public Works. No change in surfacing within the easement azea will be pernutted without written pernussion from the Department of Public Works. e. The petitioner, its successors and assigns sha11 indemnify, defend, and sa�e harmless the City of Saint Paul, its officers, agents, employees, and servants from all suits, actions, or claims which shall azise from any injuries or damages received or sustained by any break in any service pipe or connection in said reserved easement azising out of or resulting from any action or negiigence of the petitioner, its employees, agents, or business invitees. 23 4. That a permanent utility easement shall be retained within the vacated area to protect the interest of 24 Continental Cablevision, Saint Paul, Inc. 25 26 5. That with the accompanying Utility Easement Certificates of Intended Non-Use, filed voluntazily on 27 behalf of U.S. West Communications, Incorporated, Northern States Power Company, District 28 Energy St. Paul, Incorporated, Access Transmission Services Incoiporated, Continental Cablevision, 29 The Water Utility, and The Departznent of Public Works, made a pazt hereof by this reference and 30 filed in the office of the Ciry Clerk of Saint Paul, the City, for itself and on behalf of these 31 corporations and departments, waive the right to the utility easements in the vacated area described 32 above. 33 ° 34 35 36 q�''1� t 1 6. That the petitioner's their successors, and assigns agree to indemnify, defend and save harmless the 2 City of Saint Paul, its officers, and employees from all suits, actions, or claims of any character 3 brought as a result of injuries or damages received or sustained by any person, persons, or property 4 on account of this vacation or petitioner's use of this property, including but not limited to a claim 5 brought because of any act of omission, neglect, or misconduct of said petitioner or because of any 6 claims or liability arising from any violation of any law or regulation made in accordance with the 7 law, whether by the petitioner or any of their agents or employees 8 9 7. That the petitioner's their successors, and assigns, shall within 60 days of the effective date of this 10 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution and 11 shall within the period(s) specified in the terms and conditions of this resolution, comply in a11 12 respects with these terms and conditions. Requested by Department of: Technology & Management Services B G��,��L��i�/.� Director Form Appr ved by City Attorney By: !I,ff�f W!�✓M�� 7! Z �( 7p to Approved By: Adopted by Council: Date . �. � Ado t' Certified b Co cil Secre By: �--�� c ` — .a ��}� ,../ _ T.M.S./REAL ESTATE Date: July 20, i�vs Green Sheet Number: 52199 DIVISION $-�� etPeisonwdPhoneN�mber. 1 ffi" �/ Z� 3 CITYCOI7NCII. L Peter White 26¢-8850 °'`°°°Y °� ♦ DffiECfOR FFICEOFFINANCIAi.SVCS. he w Comcil Agenda 6y. Liugu$t 12 1998 2 yOR(ORASS7ST OTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATION5 FOR SI ATURE) CTION REQUESTED: To vacate as public right-of-way part of Western Avenue lying northwesterly of Grand Avenue and southerly of Ramsey Street. Ref• 1. Resolution for approval; 2. Petition to vacate; 3. Ownership Report; 4. Map showing area to be vacated; 5. Certificates of Intended Non-Use. oAII1�IDATiONS: APPROVE (Aj oRRE7E(.T � ONAL SIItVICE CONTRAC'� MUSf ANSK'ER THE FOLIAWING: . Has the person/firm ever worked imder a contrad for fhis depariment'! YES NO e.u�smvcrn�iox A sreae . Has tltis Person/fi�m ever been a Cily emplopee? YFS NO . Dces tLis Persam/firm P��4 a s6�ll mt normallY Possesved b9 an9 YES NO current City employee? Esplain all YES answers on a separate sheet and attach. TS FVffiCH COUNCII, OB]E(:TiVE? COUNCII. WARD(S) 2 DISTRICT 9 PLANNING TINGPROBLTLM, ISSOE, OPPORTUNI7'Y (4Vtio, WhaS When, Where, Wh9?): There was some confusion regarding the easterly line of Western Avenue rig6t-of-way . THE COUNCIL VANTAGESIFAPPROVED: HEARING ON TffiS � �ut �nvsn tne �terry �gnt-�e �y sne. �TTER IS SET FOR sanv,�nrrncrs � arrxovEO: �;3 � ., � �vone ,�L � � � August 12� 1998. �� v�A��N��o�: JtJL 21 199a Confusion regar�ng the easterly righf=of-way line of _ _ Western Avenue will remain. �- -"�µ fl��YO�'S O�ftGE AL AMOUNf OF TRANSACTION: �� C�T/REVF.NUE BUDGETEU (CIItCLE OftE) YES NO u�'c sovRCE: N!A ncT'°rrr''m�Ex: N{A CIAL INFORMATION: (E%PLAIIV) $SOb.00 represents the administrative Cee for the vacation. ST. PAUL CITY COUNCIL PUBLIC HEARING NOTICE STREET/ALLEY VACATION NANCY ANDERSON City Council Ward # 2 Planning District # 9 q8-�y� CITY COUNCIL RESEARCH 310 CITY HALL File No. 1-1998 PURPOSE to vacate as public right-of-way part of Western Avenue lying of Grand Avenue and southerly of Ramsev Street. PETITIONER HEARING QUESTIONS MAP (attached) Notices sent: Maui Pacific, Inc. The Council will conduct a public hearing on this vacation on Wednesday, August 12. 1998 in the Council Chambers on the third floor of City Hall. Public Hearings begin at 5:30 P.M. i Ca11266-8850 and refer to the file number above. City staff will be available unti14:30 in Room 140 City Hall to answer any last-minute question on this project. by Real Estate Division Dept. of Technology and Management Services Room 140 City Hall - Court House Saint Paul, Minnesota 55102 I � I � _ M N m � N N M M I N � N I � I � N N �V N � � � _ o (� r N � \ �' c - 1 ``� _ � o � O Q �-� � � � �� 8_O�)6 �� , �� i � � „ ^ .__, �� ;'.� _ �, +'j. . � �,��4i. c� �'O r � � � � . M o � ��4 I .� . ' r - Q' ' O r' < ` w ------ �� -. _� N `J, � ' ' Nv� r I� '9 N - � O � :� � I� � � � � I �'� � m � � N � � N � i ao N � � � � i i � � d� � � I i _, � � � ��. �________ _J 1__ ______.__y \ , � � � � ( � � 1�� \ `\ � i� � ? ► �•• � � I -=\}--� ' ---3�--��_�� - � � r------ �i , �'` \ � ` !� i i O i � . ;. �v OS' � � • �l � � � ` 1 1 L - IJ� --1 ' - - - _ - - - � � .�,1 � i `' .� b ; � r. � ,� _ i��: '� _ ! ____�__.._� t� ~ � I �. . � - - - - _•.�. � !. ^ � .� � � e� _ � b �.� i t I� i '. ! i - _ ' '__'_____ � . _', t ________- a � �,,,, • • � r. - a J O` �_ , � , �aio � `� b � � ---- "'° � Z - � -- - ----- i �------- i � � 6 Q. � � � ' b N .-. � � `O � � � � s \ � � i i I� w rQ- �---"-� r -- ' ------- '� �N� � � � � O I �. 1 - _ �-_ ' 4 � �..� �� o � �; �. - ' f � -- -----------' r \ � _ _' N' 1 — � . \� � � � � ^ �. P � � � NQ J �,' � i � i �� L"'________J I _ _ _ _ 1 L _ � � � ' c3 `' z E � - � i .' _ _ _ J L'�`��'��"J c o�•• a � a - < _ s '� �� n a. �`' . °O � Q b�' C '40 ;�e � L �ioZ J j.� ' � 9 oa 6 b � ` - L � p C� �c� p �y p f � c \ 1 = �2 �� J � ci1 " \i O ` ° o O � b � o , ti � � m o � o t S .� � � ° a � � ' �/ ZC / � �/ / v// � �/� �' / � a � � r o c� 'a � / � ' / 9 0 % � \ � � a 9 � � � �� \ 1 � � a . � � � �- � _ / ��'� � �'.3' . �o �� z � / � \ � � � � � � a • � � � � �\ � � +7 \\ � � � • � � � _,Q \� ' � � i; � � \ ��.,. ' � �" � \ \ �� f c'Q � \ O \ ` 71� \ � � � � � � . \ ' � �� , i " .�L �� m `� `\ � ` � � � �� _� \ \ � � � ` �. n � � �� ii \ � � r N `� < ° s � h � � � , J ,. , O � ;., ., � , V � / � �? - ��i' °_° o � <.� ��_ ! � � o � o _ � %� v . � Interdepartmental Memorandum CITY OF SAINT PAUL To: All Council�bers From: Peter White �j Right of Way En neer 140 City Hall Date: Subject: July 21, 1998 TMS Department Vacation File No. 1-1998 ��,��n I recommend a public heazing before the City Council be held on August 12, 1998 . The purpose of this hearing is to vacate a part of Western Avenue lying northwesterly of Grand Avenue and south of Ramsey Street. This property is located in City Council District 2, Planning District 9. The subject petition is in proper form and has been signed by the requisite number of property owners. cc: Shari Moore �tlRd� R �g�a>v , h f �� Y� �._, '..,� ` —.� � �� .-��`I NOTICE OF PUBLIC HEARING Notice is hereby given that the petition of Maui Pacific Inc. for the vacation of that part of Western Avenue lying northwesterly of Grand Avenue and south of Ramsey Street, thereof on file and on record in the office of the City Clerk of Saint Paul, Minnesota, and said petition will be heard and considered by the Saint Paul City Council at a meeting thereof to be held in the Council Chambers on the 3rd floor of City Hall and Court House on the 12th day of August, 1998 at 5:30 P.M. Dated July 23, 1998 Shari Moore Deputy City Clerk (July 25, 1998) �iG tS�°�+�"��F �Qeau>�!.� n,�nt${ �� 4�� o �� ,,o � PET'ITION TO VACATE CITY INTEREST I(we), iLe undeisigned, constiNting a majority of the ownus (or tLeir legally detignated rep�entatives) of the abutting properties, do hereby petition tLe Council of the Ciry of Saint Paul to vante ifs interests in the property(ies)1egally dcscribed at follows: .^�ee Attachmeat g I(we) request this vacation for ihe following reason(s). Se2 Attachment A I(we) have attached six copies of Ihe site plans of any development intended for cons[ruMion on the lands to be vacated. Contact Person Person(s) responsible for payment of vacation fee and for acceptance of the terms and conditions of the vacation: Narne: (.�y ��GZ« Name: �1� �C�i.�. Lt� 1 M/ T��{ l=��i �l�{C.> Phone: 7 � 7��7 Phone: Q �� nddress:3 Jfo IZ.ilMSEY ST n.daress: /�-MSEY �l Si .�A.vt.... Mn1 �'.Stt�2 ST u� MN SStOZ Al[emate Con[ac[ Person Name: kJ� � S v[ l� (�(„� Phone: �fl � 7�� Address: 37 �O �P.M S�Y S� �-QAvL- MN`SS102 aaa�s: Signatures of Owner(s)/Representative(s) of Property(ies) Below: • i/ .� / " v q�'�"�� " G• (:. 9 a� 'r,J�i.�-�� i ��1 7 AJ - �r `:. 4 �� (LL//JG�,, �'V / ,�/ �-iIF1�� l �� w� �KE UI�DE�SIGf�Fr-"'� �'E l0 �k{� ?,7?> P/dJ� /oc�sE '(E�M�s F�nlb Cq�.lb� i �onl s F� TFEts s� P�� ss�e�2 ia2Eyror� �u4ontirnnvpn ks�rA�onr BY lzs �HcF.� �� -�vE.c� G.v.�� --�_ �Y�?� /k�! �r �vL Ss�D2 7� 3fZ'� • tkw petitionet, or orn of tbe petitionecs in the above maric, and I do hereby sweat and ve�ify ihat each ofthe � presrnce by ihe peison daccibed in ilx pe[itioa • SuM�dandsvomtobeforemethis � `" ` dayof � /�i�� .199 / — f — ,� �� r��.�� alv�f 10hpJ IN1.1A MICHEL�f CARl.3QN NpTN{Y� �� TA Y�r�� ns Attachment A �(g Petitioner Maui Pacific, Inc. has built 11 townhouses on L.ots 20, 21 22 23 and 24, Whitacre, Brisbane and Muilen's Subdivision of Leech's Outlots (which they have now replatted as Ramsey Hill Townhomes), which have access to a public street only from Grand Avenue, along Westem Avenue adjacent to Lot 25 of Whitacre Brisbane and Mullen's Subdivision. The St. Paul Ciry Council's resolution approving the new plat is conditioned upon the vacancy of that portion of unimproved Westem Avenue east of the quarter-quarter section line that adjoins this properiy and the portion thereof adjacent to the new plat, and the protection of private easements for access thereto. Maui Pacific, Inc. hereby requests vacation of that portion of Western Avenue lying east of the quar[er-quarter section line (see Attachment B) adjacent to Lot 24 and John McDonough and Luanne Cortessi and Tazeyton Condominium AssociaUOn request vacation of that portion of Western Avenue lying east of the quarter-quarter section line adjacent to Lot 25. McDonough and Cortessi agree that they will, as a condition of granUng the vacation, grant an easement over that portion of the vacated street necessary for access to Lots 20 through 27 of Whitacre, Brisbane and Mullen's Subdivision and to the Tareyton Condominium Association properiy located at 383 Grand Avenue. IAUCSS & ASSOC. Attachment B �y �u To�t,o� Vacation of Fast Half of Adjoining Westem Avenue From Raznsey St. to Grand Ave. Proposed I}escription (11J11l9'� �� -1 �1�1 �,oa� PLl�MY6iG aVIL ENGPYEERQ�G LV:D SL/RVE.vING ENVLiOPCAINI'AI. w�.�.oiocx 'Ihat part af Westem Avenue lying west of the west line of Lots ?A and 25, Whitacre, Brisbine & Mullen's Subdivision of Lots 1 and Z of Leech's Addidon of Outlots to the Town of Saint Paui, according to the recorded plat thereof, Ramsey County, Mmnesota, and said west lines produced; lying south of the soufh line of Ramsey Street (aLso being the north line of said Lot ?s3, produced west}; lying north af the notthwesSeily right of-way line of Grand Avenue (fozmerly lmown as Oakland Avenue); and lying east of the west line of the southeast quarter of Sect'ton 1, Township 28 NortL, Range 23 West, said Rawsey County. 11/11/97 16:04 FA% 612 424 5522 � QL{�JV7 �� & �ssorvuer. > Wc.'c5s & AssoanrES. ]nc. . T200 H[nn.oca i.,�r.E. SUita 3O0 . hWa.e G�arn.�E tvLnn'�sm'+5536�-5592 . Td_ iG121 42a-550� . rnx: (612t 4?4-5822 e�mail: loucks�rrlinn.ner•webpage: hnp:1/wwwLminn.neV-toucl¢/ Pw� R. McL,w.� & Sov � 6015 C.�ruu Avsv�. Easr . 1nn=ea G�ue i hiwn�emn 550't6 . 7F1. 1613) 457-3645 • F.�x: 1G12) 45��6642 02/04/1998 04:17 612-222-4179 GUPTIL CONTRACTING PAGE 02 "TTTL� PROT£C'T901V, 1�1C. Febru�ry G3, ?998 Peter Wf�ife Ci:y aF51 Paul Dear AAr White. �� .��t�t Tne foilowing is 8 list of ownersnip i.n regards to tr,e vacalion of Westem Ave. asit affe�ts Nlaui Pacific Project. . EA3r SIDE: , LOT 24 WHIFAGRE, BRl$BIfU� �@�1.ULLEAI'$ SUBDIYISWN DF LDTS 1 21JF I�ECN'S ADDtTIpAI TO OU7L0T8 70 TNE TOW@d OF SAIAIT PAUL. O,NlNF,R pF RECOF=D: MAUI PP,�1F1C, �NC. A3 EVIDENCED BY CERT1FkCAT� NlliABER 385523. MNl.lNG /tDbI�E55: MAUI PACIFIC, IA1�. 29� $E NJ#W ST 5TE 306 b11NNEAP4L13 MN SSa14. , LOT 25, WNITdCRE. BRISSJI�E � MULLEPd'S SU8D1!/1S(ON OF LOTS 9 8 2 QF LEECH'S ADD1T(ON 70 OLTLpT3 TO THE 7�Y1GV QF �NT p,�UL. OWNER 0� R�CORD: JOHN A AACDONOUG}# ANOLL(ANPIE �OR7ESI /lS EVIDENC$0 BY DEEQ uc��Gen�n�r r�uMs�tt 2s�a�z. , ADDRES$; 373 GRAND A1/IE�.Y P�11L MId 55102 WEST 3.3 FEET O� LOT 281i�aJ�,p�CF�P, @$►$��IE & BRL(LLEN'S SUSf]IYlStON OF Lp7S'1 S 2 OF LEECH'$AAL�IT�ON TO QUi"J„�.78 TO TIiE Z{}WN DF $� PAU1 PAR70F VACATED LIS�L7AI STREET. aWAJER QF RECORD; PAUI, 7d tr€EDBER� qND OEAtJ N$AUSSER A$ TRIJSTEES UNDER TRUST AGREEIiAENT DATED SEPT.�t�R 2� A4S EVIDENC,F_D BY oEEQ DOCt1kEN7 iJUM�ER 2STFy94 °'"• . . . �••° , PAUL � HED9ERG AtdD DEAtd N SAUSS�,R AS TRUSTEES MAILING A�pAESS; P06 7fi3on �T PAUL MN b69 r6, � WES7 S1DJ�: , 7HE SUMMlT Flt�L TOt+�(NHOUSE CONA�.t4tMIUd�S. APT QWI�LERSHI➢, NIIIABER 99_ CpNDOM1N�UM A5SDCLqTlON: T(�!E $lJpfll�lT {iILL YOVttMHOUSE ASROCIATION. M{d�LING ADQpESS; 38A R1►.9d��ry' gT S7 A61'JL MN 55102, AS Sh►OWN IN GONDO BY L,ANlS_ TNE TARI�y7'DN CL2NLlQMtAUlldBS.�PT O3fY�9SN[P �tLlkit�Fl89. COMDi�L11WIU�+I A6SLICIATI�M: THE TAREYTOW COIJpU1A�NIUM ASSOCfAT10N. MAIUP}G AI3DRESS; 38J GRAMD AVE ST FAUL MN 551p$, AS SNOWA( W CONQO BY LQINS: 7 y�u nave any questlons or �! you neea furtner irtformslion please do noi hesitate to cornact me S'^��Y, ��- :"�'-. � ��tAr W" LmmD cc: Gup4i1 Contr�ciit�g .,..,, ,��-- ^--� .. . ., . .... --- - i�0�&OUfl�F-;'�id/G��O; �i� Os�i-B��Hi-'�?�i1 '�f0[,La3.L0Ei 3�IZIi 9d^vy�I JUN-15-1998 11�09 ST PqUL RERL ESTRTE 612 266 8855 P.02ie2 CERTIFICATE OF INTENDED NON-USE � �� THE HONQRABLE MAYOR AND MEMSERS OP TT�E COUNCII. OF THE CITY OF SAII�]T PAUL In the Macter of Vacarioa File # i-1998 The undcrsigned hereby certifies, on behalf of the indicated depaztment or company, that it does noc in[end to exercise its utility rights in the realry described below: that part of Western Avenue ]ying west of the west lilie of Lots 24 and 25, Whitacre, Brisbine & Mullen's Subdivision of Lois 1 and 2 of Leech's Addition of Outlots to the Town of Saint Paul, according to the recorded plat thereof, Ramsey County, Minnesota, and said west lines produced; lyuig south of the south line of Ramsey SEreet (also being the north line of said Lot 24, produced west); lying north of the northwesterly right-of-way line of Grand Avenne (formerly known as Oaktand AveQUe?, and lying east oY" tlne w�t tine c: the sautheasi quarter of Section 1, Township 28 North, Range 23 West, said Ramsey County. except as here noted: COLORADO AitAPAHOE > SS. 7'hc furcgoing itsstmmeot was by of under the tnws uf �he Sn�c of ColonAo. JOHN L. MORTENSEN NOTARY PUBLIC > STATE OF COLORADO My Commission Ezpires 02/O612001 Ucfa•e me t6is � d�y of . I99� � _�� a �- — �a��C��-O�Y-� L.C�/L� — Y �r�'° � f///�t�10 Nonry� Pubhc, qrspahoc Counry, Colorndo. My eommissio� expirts _`�{0�z��1�/ ** Please return this original copy to i4Q City Hall, St. Paul, MN 55102 * TOTAL P.02 JUN 15 '98 10�13 612 266 8855 PAGE.02 US West Communications CERTIFICATE OF INTENDED NON-USE �� THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF SAINT PAUL N.S.P. - Electric Division Bruce M. Zemke The undersigned hereby certifies, on behalf of the indicated department or company, that it does not intend to exercise its utiliry rights in the realry described below: that part of Western Avenue lying west of the west line of Lots 24 and 25, Wlutacre, Brisbine & Mullen's Subdivision of Lots 1 and 2 of Leech's Addition of Outlots to the Town of Saint Paul, according to the recorded plat thereof, Ramsey County, Minnesota, and said west lines produced; lying south of the south line of Ramsey Street (also being the north line of said Lot 24, produced west); lying north :,: tue aa: �hivesier?y :ight-of-�a� >;nP of Gran�l Avenue (formerly known as Oakland Avenue); and lying east of the west line of the southeast quarter of Section 1, Townslup 28 North, Range 23 West, said Ramsey County. except as here noted: its utility rights. MINNESOTA RAMSEY Release as described above. NSP does not intend to exercise > SS. ) Its Construction Desian Team Leader In the Matter of Vacation File # 1-1998 The foregoing instrument wu acknowledged before me tLis 1 3 t h day of �� n U d py , 199$. by �sruce cemKe oe Northern States Power �1 �i 1• �� ".0 .�- Minnesota Corporation. under the laws of the State of Minnesota. e r . nnn �vnnnw , n^^^^ ^ '` ^^^n �� ww. � nn � K?.T, I-;�EF('� S. GO�rV � - � CT4RY �'= "-�� '°' ' No gubhc, Rzmsey Counry, M nnesota. ; " t """ ' n _ J'�,�.'„';:�Y � 5'�<��'' �� si ?�° }� � ?�;� CD[f�l V�Ndev�w4tVw� CARIIIIISSIOD C](p1CPS � �� Q�(/ II� .� s'�tK+": �v�+`vi�^h ** Please return this original copy to 140 City Hall, St. Paul, MN 55102 "* CERTIFICATE OF INTENDED NON-USE q� ' � THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF SAINT PAUL In the Matter of Vacation File # 1-1998 The undersigned hereby certifies, on behaif of the indicated department or company, that it does not intend to exercise iu utility rights in the realry described below: that part of Western Avenue lying west of the west line of Lots 24 and 25, Whitacre, Brisbine & Mullen's Subdivision of Lots 1 and 2 of Leech's Addition of Outlots to the Town of Saint Paul, according to the recorded plat thereof, Ramsey County, Minnesota, and said west lines produced; lying south of the south line of Ramsey Street (also being the north line of said Lot 24, produced west); lying north of the northwesterly right-of-way line of Grand Avenue (formerly known as Oakland Avenue)� alld lyillg easf of the Wesf lille oY Lile SOUiue89t �e�aY�ei �€ S�.ii�� 1, Township 28 North, Range 23 West, said Ramsey County. except as here noted: RECEIVED � E 3 1l 5 f998 REAL ESTATE DIVISION N.S.P. - Gas Distribution Its �cYS �y� q �iwcP� � '� i�� Signature MINNESOTA RAMSEY > SS. ) The foregoing instrumen[ was acknowled ed before me this �� day of �_.Q,/Niiyg�z.•. , 199� by � the of � s� � , a Q under the laws of the Siate of Mmnuota. My commission expires . �� "'��c�presJan.31 ** Please return this original copy to 140 City Hall, St. PaU�, 1NN 5�"1�"� CERTIFICATE OF INTENDED NON-USE THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF SAINT PAUL RECEIVEQ q �-'1'� ` � � � t G 2 t99� REAL ESTATE DIVISION In the Matter of Vacation File # 1-1998 The undersigned hereby certifies, on behalf of the indicated department or company, that it does not intend to exercise its utility rights in the realty described below: that part of Westem Avenue lying west of the west line of Lots 24 and 25, Whitacre, Brisbine & Mullen's Subdivision of Lots 1 and 2 of Leech's Addition of Outlots to the 'Town of Saint Paul, according to the recorded plat thereof, Ramsey County, Minuesota, and said west lines produced; lying south of the south line of Ramsey Street (also being the north line of said Lot 24, produced west); lying north oP tue norinwesieriy rigbi-of-way une oi uranci Aveuue �:ar�e:iy t.,uown xs Oakland Avenue); and lying east of the west line of the southeast quarter of Section 1, Township 28 North, Range 23 West, said Ramsey County. except as here noted: MINNESOTA RAMSEY ��/f T > SS. ) /vlQ//I�l�l aQr�o�� vr� Continental Cablevision The foregmng ins�umen[ was acknowledged before me this C� D day of I � fivw\�CM-� , 1947� bY ��.�,�"{,,, ' ir�J-�CIJ�C�Iq ,il�e �C✓1lru �-t)C'��ct.r�o.��b'� of � Y�M�r� �CPN-��.N,.� , a ��.�,�1'in-� under the laws of the Siate of Minnesoq. �� D>'�RA KAY �'V F �� Gc't'�'�7C�O�^'i 5 _,:, , r.cr„Rr at s ic - ra �.ya:;r:, � n�`>� �'�°"=- �� ; Noqry Public, Ramsey Counry, esota. � ' . MY GOMN.13„IOi! i.Xrii2c5 (` ��' � JANu.�RY 31, 2C,.� My coaunission expires ��Q/�^� �( � U U ** Please return this original copy to 140 City Hall, St. Paul, MN 55102 ** CERTIFICATE OF INTENDED NON-USE �� "�� THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF TAE CITY OF SAINT PAUL In the Matter of Vacation FIle # 1-1998 The undersigned hereby certifies, on behalf of the indicated department or company, that it does not intend to exercise its utiliry rights in the realty described below: that part of Western Avenue lying west of the west line of Lots 24 and 25, Whitacre, Brisbine & Mullen's Subdivision of Lots 1 and 2 of Leech's Addition of Outlots to the Town of Saint Paul, according to the recorded plat thereof, Ramsey County, Minnesota, and said west lines produced; lying south of the south line of Ramsey Street (also being the north line of said Lot 24, produced west); lying north �f fL�� ua:±�v��ster'_y r-g�r_af_yva�� i�e ef �rand :�v��e �fo*anerll� kn�svv as Oaktand Avenue); and lying east of the west line of the southeast quarter of Section 1, Township 28 North, Range 23 West, said Ramsey County. except as here noted: DISTRICT ENERGY ST. PAUL, INC., AND DISTRICT COOLING ST. PAUL, INC., HAVE NO EQUIPMENT IN THE AREA TO BE VACATED AND HAVE NO OBJECTION TO THE VACATION. District Energy and Cooling St. Paul, Inc. Its U r es; -j ,�' A��v� Signature MINNESOTA RAMSEY > SS. ) 11 �- The foregoing instrument was acknowledged before me [his I 3 � ~ day of � O-r.eta-Y , 19 , bY Yl �3�YS J � � 4 da...�s+-✓' ,tLe ( Pe.S �� 1 of � is1?; c.�' ��ra 4-�_ U"a.wQ �c. , a d r i u.�Ce_ 11 e+'�- d ro �' "�- G.orO oPoc�l ar- i under the laws of tUe State of Minnesota. • qnnM/W V�MA/� n/�qMnM.1TN.MP.AMMA � �� T,2UDY l. SHEft�V00D �:;;'s;,F� � NOTF'nl' PUBI;C-?�+hh'ESOTA < �"'�J?'� WASHINGTCN COUNTY � My Comm. Ex�:es Jan. 31, 2000 6VWVWWVVVVVWWVVVWJVVW W V VV W R `.� �� Notary Public, Ramsey Coun , Minnesota. My commission expires �d�..�.4o-c.�n �� a10 O p ** Please return this original copy to 140 City Hall, St. Paul, MN 55102 ** �-. CERTIFICATE OF INTENDED NON-USE ��j'� THE HONORABLE MAYOR AND MEMBERS OF TAE COUNCIL OF THE CITY OF SAINT PAUL In the Matter of Vacation File # 1-1998 The undersigned hereby certifies, on behalf of the indicated department or company, that it does not intend to exercise its utility rights in the reaity described below: that part of Western Avenue lying easterly of the west line of the southeast quarter of Section 1, Townslup 28 North, Range 23 West, Ramsey County; southerly of the south right-of-way line of Ramsey Street; and northerly of the northwesterly right- of-way line of Grand Avenue (formerly known as Oakland Avenue). except as here noted: To protect an existing sanitazy sewer main, the Department of Public Works shall retain a permanent utility easement on, over, under and across, that part of the azea to be vacated lying within the following described boundaries: Commencing at the northwest corner of the southeast quarter of Section 1, Township 28 North, Range 23 West; thence south 46.54 feet along the west line of said southeast quarter to the point of beginning; thence east 21.78 feet to the northwest corner of Block 1, RAMSEY HILL TOWNHOMES; thence south along the west line of said Block i and its southerly extension to the intersection with the northwesterly right-of-way line of Grand Avenue (formerly Oakland Avenue and formerly Pleasant Avenue) as opened across Whitacre, Brisbine & Mullen's subdivision of Lots 1& 2 of Leech's addition of Outlots to the town of Saint Paul; thence southwesterly along said northwesterly right-of-way line of Grand Avenue, a distance of 16.98 feet more or less, to the west line of said southeast quarter; thence north along the west line of said southeast qnazter to the point of beginning. and except that the City must retain Deplrtrrierit of PUblic Wotks a right-of-way easement as shown in the attached Exhibit "A". MINNESOTA RAMSEY > SS. ) The foregoing instrument was ackaowledged before me this �TH day of by �J 5 J. �G� vm �e C�, ry ciu��tiEE-z of,ST �AUL �UBGiLIN4PK_S ,a �///V//r�Pf/L �/7.P,P027�T7D/V under rhe Iaws of the State of Minnesora. a � CYNTHtAANME WOOD 1piAFlY PUBUC • ►UNNESOiA RAMSEYCO�Nn NjCa� Eip6udan.31.2000 • ■ �tn(nst�a c G-M�++�- ZC�L� Notary bliq Ramsey County�Minnesota. My commission expiru � . �' .( �Z`+ ** Please return this original copy to 140 City Hall, St. Paul, MN 55102 ** Its �' �Ty �NG/�/EE�2 y _--� �� .�y� E�ibit "A" to Certificate of Intended Non-Use Description for right-of-way easement Beiween Grand Avenue and RAMSEY HILL TOWNHOMES To ensure conrinued access to properties now served by the right-of-way to be vacated, the Department of Public Works shall retain a permanent public right-of-way easement over under and across that part of the area to be vacated lying within the following described boundaries: Commencing at the northwest corner of the southeast quarter of Section 1, Township 28 North, Range 23 West; thence south 46.54 feet along the west line of said southeast quarter, thence east 21.78 feet to the northwest corner of Block 1, RAMSEY HIL,L TOWNHOMES; thence south along the west line of said Block I a distance of 109.24 feet to the point of beginning; thence south along the west line of said Block I and its southerly extension to the intersection with the northwesterly right-of-way line of Grand Avenue (forxnerly Oakland Avenue and formerly Pleasant Avenue) as opened across Whitacre, Brisbine & Mullen's subdivision of I,ots I& 2 of Leech's addition of Ouflots to the town of Saint Paul; thence southwesterly along said northwesterly right-of-way line of Grand Avenue, a distance of 16.98 feet more or less, to the west line of said southeast quarter; thence north along the west line of said southeast quarter to the intersecuon with a line that bears North 89 degrees 17 minutes 00 seconds West from the point of beginning ( said line being parallel with the south line of said Block 1); thence South 89 degrees 17 minutes 00 seconds East, parallel with the south line of said Block 1, to the point of beginning. � �2 L RECElVED CERTIFICATE OF INTENDED NON-USE �A� 2 2 �g9c�ag �� THE HONORABLE MAYOR AND MEMBERS REAL ESTATE DIVISIOPS OF TAE COUNCIL OF THE In the Matter of CITY OF SAINT PAUL Vacation Fi�e # i-1998 The undersigned hereby certifies, on behalf of the indicated department or company, that it does not intend to exercise its utility rights in the realry described below: that part of Western Avenue lying west of the west line of Lots 24 and 25, Whitacre, Brisbine & Mullen's Subdtvision of Lots 1 and 2 of Leech's Addifion of Outlots to the Town of Saint Paul, according to the recorded plat thereof, Ramsey County, Minnesota, and said west lines produced; lying south of the south line of Ramsey Street (also being the north line of said Lot 24, produced west); lying north of the northwesterly right-of-way line of Grand Avenue (formerly known as Oakland Avenue); and lying east of the west liue of the southeast quarter of Section l, Township 28 North, Range 23 West, said Ramsey County. except as here noted: MINNESOTA ) > SS. RAMSEY ) Water ItS General Manager �!il�lit�t�< l r ��t.(J'G�`�._..� ' Signature 1998 Tite foregoing wstrumen[ was acknowledged before me this 15 th day of JdnudTy �Fjij� bY Bernie R. Bullert � General Manager of the Saint Paul Water Utility a Municipal corporation of the City of undec the laws of [he Sta[e of Miunesota. � r `l. SHIRLEY A. JONES <� _ � �Q pOTAftY PUBUC-MINNESOTA $ RRMSEYCOUNTY � MyCOmm.ExplresJan.31� ayvWVwvwvwvvvvwvwvvwvwwWV+ My commission expira Saint Paul ** Please return this original copy to 140 City Hall, St. Paul, MN 55102 ** 0 � !� J ►z ... �� . .. 'mlms.,,�� — � s . -- "_ ' .' _" — _ � � — � _ _ ___ _—__ . _ �. .._ � � . � ' � , - ' _ : n .,..x-.a _ END EXCEPTION STA. 15+28 $- � d7.5' { � 47.4' � L___- I 60' 60' � �� ) Ot � ;n i � \ ` �_------------� j - .� o � + ,G � `��_�.• 3 — — �-� — - ---_----- =�— — — - I i __ __ ___` ` I�I � \ �� T � �� \ \ � � � PEOESTRtAN CR455�NG SEE OETAN. St�EET 2 � N � 49 � I I � �' 49' � 60' I 60' i � � � � , �� -�-- � � o-�- + �� • � � '-' ' � � � �IN M + 1_I - 3� j . � �' �r� � i , Z 'r i _. i I ri I � 29 � i iil r � � ii 3 � �� i i i � � � �� `� �� 622 � � I I � � 621 30 I , �� _ G G � � � � � G / co � PJ;r"`` �_ __ _ _ _— _�_ � �Y t � � � -- 76"W — _= i- �,', -"„ 3 - - �4 � _ � � � --_-----__-- 8'� � -� - - I � .: � � .� ... " . _ _ _ _ _ _ _ _ — _ _, N _ _ _ _ - - " � �j Q � 2 � � = `, r � , ^ k - : ------ � , 3 � � _ - -- �� ^ ., i - _— , _ � S.S- 3 � � N '''�'z=' � � � � � 7 3% x :��r;. . •' "' ; � ��. �t�.r3.� . - . ;,>>., �.'. \ t HEREBY CERTIFY THAT TMIS PUN WAS GRE�ARED . ._ , m DALE STREET RE > BY ME OR UNDER'IAY DIRECT SVPERYtS10N AND �,�^., „ � : THAT 1 AIk A DULY' REpSTERED PROFESStONAL 96-TP—�I O4E ENGINEER UNDER 7�IE IAWS OF THE STATE # g'-' .. :� It1NNE5Q7A � 'P"' = � PAVING .DR. 12 " DRYVG. N0. 1399 . . . . � . . . � : c; : -' , 6pTE RE0. (f0., . . . [ ��ju. ; � �� , , �� _ �`�:.'t�: ��. ' .. . � . ,_.. .. " . . � ' .. . � - � . . . . ...i _ Return copy to: Real Estate Division 140 City Hall ORl�INA�. RESOLUTION Presented By Referred To Council File # ig'1 Green Sheet # �_� NNESOTA aa Committee: Date 1 WHEREAS, due to an ambiguously defined east right-of-way line in that part of Western Avenue lying 2 southerly of the south right-of-way line of Ramsey Street and northerly of the northwesterly right-of- 3 way line of Grand Avenue (formerly known as Oakland Avenue), a cloud exists on properties adjoining 4 the said east right-of-way line; 5 THEREFORE BE IT RESOLVED, that, upon the petition of Maui Pacific, Inc., as documented in 6 Finance Department File Number 1-1998, public properties hereinafter described aze hereby vacated and 7 discontinued as public property: and, subject to the herein stated exceptions, the easements within those 8 public properties aze hereby released. 9 The property to be vacated is described as foliows: 10 that part of Western Avenue lying easterly of the west line of the southeast quarter of Section 1, 11 Township 28 North, Range 23 West, Ramsey County; southerly of the south right-of-way line of 12 Ramsey Street; and northerly of the northwesterly right-of-way line of Grand Avenue (formerly 13 known as Oakland Avenue). 14 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the 15 Saint Pau1 Legislative Code as amended, and to the following conditions: 16 1 17 18 2. 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 That the petitioner's, their successors and assigns shall pay $500.00 as an administrative fee for this vacation which is due and payable within 60 days of the effective date of this resolution. That the City shall retain a permanent public right-of-way easement over, under and across that part of the area to be vacated lying within the following described boundaries: Commencing at the northwest corner of the southeast quarter of Section 1, Township 28 North, Range 23 West; thence south 46.54 feet along the west line of said southeast quarter; thence east 21.78 feet to the northwest corner of Block 1, RAMSEY HILL TOWNHOMES; thence south along the west line of said Block 1 a distance of 104.24 feet to the point of beginning; thence south along the west line of said Block 1 and its southerly extension to the intersection with the noxthwesterly right-of-way line of Grand Avenue (formerly Oakland Avenue and formerly Pleasant Avenue) as opened across Whitacre, Brisbine & Mullen's subdivision of Lots 1& 2 of Leech's addition of Outlots to the town of Saint Paul; thence southwesterly along said northwesterly right-of-way line of Grand Avenue, a distance of 16.98 feet more or less, to the west line of said southeast quarter, thence north along the west line of said southeast quarter to the intersection with a line that bears North 89 degrees 17 minutes 00 seconds West from the point of beginning ( said line being pazallel with the south line of said Block 1); thence South 89 degrees 17 minutes 00 seconds East, pazallel with the south line of said Block 1, to the point of beginning. ��-�� 1 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any 2 other objects that will prohibit normal access to utility facIlities for maintenance purposes 3 will be pernutted within the easement azea. 4 b. Improvements in or upon the above described easement that do not prohibit the City from 5 exercising its reserved rights may be allowed by obtaining written permission from the 6 Department of Public Works Sewer Division with the understanding that the restoration and 7 costs of such improvements shall be the sole responsibility of the petitioner, its successors 8 and assigns in the event the Ciry exercises its reserved easement rights. 9 c. No change from the existing grade within the easement area will be pernutted without written 10 pernussion from the Department of Public Works. 11 d. No change in surfacing within the easement azea will be permitted without written 12 pemussion from the Department of Public Works. 13 e. The petitioner, its successors and assigns shall indemnify, defend, and save harmiess the City 14 of Saint Paul, its officers, agents, employees, and servants from all suits, actions, or claims 15 which shall arise from any injuries or damages received or sustained by any break in any 16 service pipe or connection in said resetved easement azising out of or resulting from any 17 action or negligence of the petitioner, its employees, agents, or business invitees. 18 19 3. That, a perxnanent utility easement shall be retained on, over, under and across that part of the azea 20 to be vacated lying within the following described line: 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Commencing at the northwest corner of the southeast quarter of Section 1, Township 28 North, Range 23 West; thence south 46.54 feet along the west line of said southeast quarter to the point of beginning; thence east 21.78 feet to the northwest corner of Block 1, RAMSEY HII.L TOWN HOMES; thence south along the west line of said Block 1 and its southerly extension to the intersection with the northwesterly right-of-way line of Grand Avenue (formerly Oakland Avenue and formerly Pleasant Avenue) as opened across Whitacre, Brisbine & Mullen's subdivision of I,ots 1& 2 of L,eech's addition of Outlots to the town of Saint Paul; thence southwesterly along said northwesterly right-of-way line of Grand Avenue, a distance of 16.98 feet more or less, to the west line of said southeast quarter; thence north along the west line of said southeast quarter to the point of beginning. on behalf of the City of Saint Paul, Department of Public Works to reserve the right of the City to maintain and operate any sewer in or upon said easement and to enter upon said easement or any portion thereof at any time and from time to time, for the purposes of future consriuction, reconshuction, inspecting, maintaining or repairing the same or any part thereof and shall be subject to the following conditions: q �.�� 2 3 4 5 6 7 9 10 11 ia 13 14 15 16 17 18 19 20 21 22 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any other objects that will prohibit normal access to utility facilities for maintenance purposes will be permitted within the easement azea. b. Improvements in or upon the above described easement that do not prohibit the City from exercising its reserved rights may be allowed by obtaining written permission from the Department of Public Works Sewer Division with the understanding that the restoration and costs of such improvements shall be the sole responsibility of the petitioner, its successors and assigns in the event the City exercises its reserved easement rights. c. � No change from the existing grade within the easement area wili be pernutted without written pernussion from the Department of Public Works. No change in surfacing within the easement azea will be pernutted without written pernussion from the Department of Public Works. e. The petitioner, its successors and assigns sha11 indemnify, defend, and sa�e harmless the City of Saint Paul, its officers, agents, employees, and servants from all suits, actions, or claims which shall azise from any injuries or damages received or sustained by any break in any service pipe or connection in said reserved easement azising out of or resulting from any action or negiigence of the petitioner, its employees, agents, or business invitees. 23 4. That a permanent utility easement shall be retained within the vacated area to protect the interest of 24 Continental Cablevision, Saint Paul, Inc. 25 26 5. That with the accompanying Utility Easement Certificates of Intended Non-Use, filed voluntazily on 27 behalf of U.S. West Communications, Incorporated, Northern States Power Company, District 28 Energy St. Paul, Incorporated, Access Transmission Services Incoiporated, Continental Cablevision, 29 The Water Utility, and The Departznent of Public Works, made a pazt hereof by this reference and 30 filed in the office of the Ciry Clerk of Saint Paul, the City, for itself and on behalf of these 31 corporations and departments, waive the right to the utility easements in the vacated area described 32 above. 33 ° 34 35 36 q�''1� t 1 6. That the petitioner's their successors, and assigns agree to indemnify, defend and save harmless the 2 City of Saint Paul, its officers, and employees from all suits, actions, or claims of any character 3 brought as a result of injuries or damages received or sustained by any person, persons, or property 4 on account of this vacation or petitioner's use of this property, including but not limited to a claim 5 brought because of any act of omission, neglect, or misconduct of said petitioner or because of any 6 claims or liability arising from any violation of any law or regulation made in accordance with the 7 law, whether by the petitioner or any of their agents or employees 8 9 7. That the petitioner's their successors, and assigns, shall within 60 days of the effective date of this 10 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution and 11 shall within the period(s) specified in the terms and conditions of this resolution, comply in a11 12 respects with these terms and conditions. Requested by Department of: Technology & Management Services B G��,��L��i�/.� Director Form Appr ved by City Attorney By: !I,ff�f W!�✓M�� 7! Z �( 7p to Approved By: Adopted by Council: Date . �. � Ado t' Certified b Co cil Secre By: �--�� c ` — .a ��}� ,../ _ T.M.S./REAL ESTATE Date: July 20, i�vs Green Sheet Number: 52199 DIVISION $-�� etPeisonwdPhoneN�mber. 1 ffi" �/ Z� 3 CITYCOI7NCII. L Peter White 26¢-8850 °'`°°°Y °� ♦ DffiECfOR FFICEOFFINANCIAi.SVCS. he w Comcil Agenda 6y. Liugu$t 12 1998 2 yOR(ORASS7ST OTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATION5 FOR SI ATURE) CTION REQUESTED: To vacate as public right-of-way part of Western Avenue lying northwesterly of Grand Avenue and southerly of Ramsey Street. Ref• 1. Resolution for approval; 2. Petition to vacate; 3. Ownership Report; 4. Map showing area to be vacated; 5. Certificates of Intended Non-Use. oAII1�IDATiONS: APPROVE (Aj oRRE7E(.T � ONAL SIItVICE CONTRAC'� MUSf ANSK'ER THE FOLIAWING: . Has the person/firm ever worked imder a contrad for fhis depariment'! YES NO e.u�smvcrn�iox A sreae . Has tltis Person/fi�m ever been a Cily emplopee? YFS NO . Dces tLis Persam/firm P��4 a s6�ll mt normallY Possesved b9 an9 YES NO current City employee? Esplain all YES answers on a separate sheet and attach. TS FVffiCH COUNCII, OB]E(:TiVE? COUNCII. WARD(S) 2 DISTRICT 9 PLANNING TINGPROBLTLM, ISSOE, OPPORTUNI7'Y (4Vtio, WhaS When, Where, Wh9?): There was some confusion regarding the easterly line of Western Avenue rig6t-of-way . THE COUNCIL VANTAGESIFAPPROVED: HEARING ON TffiS � �ut �nvsn tne �terry �gnt-�e �y sne. �TTER IS SET FOR sanv,�nrrncrs � arrxovEO: �;3 � ., � �vone ,�L � � � August 12� 1998. �� v�A��N��o�: JtJL 21 199a Confusion regar�ng the easterly righf=of-way line of _ _ Western Avenue will remain. �- -"�µ fl��YO�'S O�ftGE AL AMOUNf OF TRANSACTION: �� C�T/REVF.NUE BUDGETEU (CIItCLE OftE) YES NO u�'c sovRCE: N!A ncT'°rrr''m�Ex: N{A CIAL INFORMATION: (E%PLAIIV) $SOb.00 represents the administrative Cee for the vacation. ST. PAUL CITY COUNCIL PUBLIC HEARING NOTICE STREET/ALLEY VACATION NANCY ANDERSON City Council Ward # 2 Planning District # 9 q8-�y� CITY COUNCIL RESEARCH 310 CITY HALL File No. 1-1998 PURPOSE to vacate as public right-of-way part of Western Avenue lying of Grand Avenue and southerly of Ramsev Street. PETITIONER HEARING QUESTIONS MAP (attached) Notices sent: Maui Pacific, Inc. The Council will conduct a public hearing on this vacation on Wednesday, August 12. 1998 in the Council Chambers on the third floor of City Hall. Public Hearings begin at 5:30 P.M. i Ca11266-8850 and refer to the file number above. City staff will be available unti14:30 in Room 140 City Hall to answer any last-minute question on this project. by Real Estate Division Dept. of Technology and Management Services Room 140 City Hall - Court House Saint Paul, Minnesota 55102 I � I � _ M N m � N N M M I N � N I � I � N N �V N � � � _ o (� r N � \ �' c - 1 ``� _ � o � O Q �-� � � � �� 8_O�)6 �� , �� i � � „ ^ .__, �� ;'.� _ �, +'j. . � �,��4i. c� �'O r � � � � . M o � ��4 I .� . 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P � � � NQ J �,' � i � i �� L"'________J I _ _ _ _ 1 L _ � � � ' c3 `' z E � - � i .' _ _ _ J L'�`��'��"J c o�•• a � a - < _ s '� �� n a. �`' . °O � Q b�' C '40 ;�e � L �ioZ J j.� ' � 9 oa 6 b � ` - L � p C� �c� p �y p f � c \ 1 = �2 �� J � ci1 " \i O ` ° o O � b � o , ti � � m o � o t S .� � � ° a � � ' �/ ZC / � �/ / v// � �/� �' / � a � � r o c� 'a � / � ' / 9 0 % � \ � � a 9 � � � �� \ 1 � � a . � � � �- � _ / ��'� � �'.3' . �o �� z � / � \ � � � � � � a • � � � � �\ � � +7 \\ � � � • � � � _,Q \� ' � � i; � � \ ��.,. ' � �" � \ \ �� f c'Q � \ O \ ` 71� \ � � � � � � . \ ' � �� , i " .�L �� m `� `\ � ` � � � �� _� \ \ � � � ` �. n � � �� ii \ � � r N `� < ° s � h � � � , J ,. , O � ;., ., � , V � / � �? - ��i' °_° o � <.� ��_ ! � � o � o _ � %� v . � Interdepartmental Memorandum CITY OF SAINT PAUL To: All Council�bers From: Peter White �j Right of Way En neer 140 City Hall Date: Subject: July 21, 1998 TMS Department Vacation File No. 1-1998 ��,��n I recommend a public heazing before the City Council be held on August 12, 1998 . The purpose of this hearing is to vacate a part of Western Avenue lying northwesterly of Grand Avenue and south of Ramsey Street. This property is located in City Council District 2, Planning District 9. The subject petition is in proper form and has been signed by the requisite number of property owners. cc: Shari Moore �tlRd� R �g�a>v , h f �� Y� �._, '..,� ` —.� � �� .-��`I NOTICE OF PUBLIC HEARING Notice is hereby given that the petition of Maui Pacific Inc. for the vacation of that part of Western Avenue lying northwesterly of Grand Avenue and south of Ramsey Street, thereof on file and on record in the office of the City Clerk of Saint Paul, Minnesota, and said petition will be heard and considered by the Saint Paul City Council at a meeting thereof to be held in the Council Chambers on the 3rd floor of City Hall and Court House on the 12th day of August, 1998 at 5:30 P.M. Dated July 23, 1998 Shari Moore Deputy City Clerk (July 25, 1998) �iG tS�°�+�"��F �Qeau>�!.� n,�nt${ �� 4�� o �� ,,o � PET'ITION TO VACATE CITY INTEREST I(we), iLe undeisigned, constiNting a majority of the ownus (or tLeir legally detignated rep�entatives) of the abutting properties, do hereby petition tLe Council of the Ciry of Saint Paul to vante ifs interests in the property(ies)1egally dcscribed at follows: .^�ee Attachmeat g I(we) request this vacation for ihe following reason(s). Se2 Attachment A I(we) have attached six copies of Ihe site plans of any development intended for cons[ruMion on the lands to be vacated. Contact Person Person(s) responsible for payment of vacation fee and for acceptance of the terms and conditions of the vacation: Narne: (.�y ��GZ« Name: �1� �C�i.�. Lt� 1 M/ T��{ l=��i �l�{C.> Phone: 7 � 7��7 Phone: Q �� nddress:3 Jfo IZ.ilMSEY ST n.daress: /�-MSEY �l Si .�A.vt.... Mn1 �'.Stt�2 ST u� MN SStOZ Al[emate Con[ac[ Person Name: kJ� � S v[ l� (�(„� Phone: �fl � 7�� Address: 37 �O �P.M S�Y S� �-QAvL- MN`SS102 aaa�s: Signatures of Owner(s)/Representative(s) of Property(ies) Below: • i/ .� / " v q�'�"�� " G• (:. 9 a� 'r,J�i.�-�� i ��1 7 AJ - �r `:. 4 �� (LL//JG�,, �'V / ,�/ �-iIF1�� l �� w� �KE UI�DE�SIGf�Fr-"'� �'E l0 �k{� ?,7?> P/dJ� /oc�sE '(E�M�s F�nlb Cq�.lb� i �onl s F� TFEts s� P�� ss�e�2 ia2Eyror� �u4ontirnnvpn ks�rA�onr BY lzs �HcF.� �� -�vE.c� G.v.�� --�_ �Y�?� /k�! �r �vL Ss�D2 7� 3fZ'� • tkw petitionet, or orn of tbe petitionecs in the above maric, and I do hereby sweat and ve�ify ihat each ofthe � presrnce by ihe peison daccibed in ilx pe[itioa • SuM�dandsvomtobeforemethis � `" ` dayof � /�i�� .199 / — f — ,� �� r��.�� alv�f 10hpJ IN1.1A MICHEL�f CARl.3QN NpTN{Y� �� TA Y�r�� ns Attachment A �(g Petitioner Maui Pacific, Inc. has built 11 townhouses on L.ots 20, 21 22 23 and 24, Whitacre, Brisbane and Muilen's Subdivision of Leech's Outlots (which they have now replatted as Ramsey Hill Townhomes), which have access to a public street only from Grand Avenue, along Westem Avenue adjacent to Lot 25 of Whitacre Brisbane and Mullen's Subdivision. The St. Paul Ciry Council's resolution approving the new plat is conditioned upon the vacancy of that portion of unimproved Westem Avenue east of the quarter-quarter section line that adjoins this properiy and the portion thereof adjacent to the new plat, and the protection of private easements for access thereto. Maui Pacific, Inc. hereby requests vacation of that portion of Western Avenue lying east of the quar[er-quarter section line (see Attachment B) adjacent to Lot 24 and John McDonough and Luanne Cortessi and Tazeyton Condominium AssociaUOn request vacation of that portion of Western Avenue lying east of the quarter-quarter section line adjacent to Lot 25. McDonough and Cortessi agree that they will, as a condition of granUng the vacation, grant an easement over that portion of the vacated street necessary for access to Lots 20 through 27 of Whitacre, Brisbane and Mullen's Subdivision and to the Tareyton Condominium Association properiy located at 383 Grand Avenue. IAUCSS & ASSOC. Attachment B �y �u To�t,o� Vacation of Fast Half of Adjoining Westem Avenue From Raznsey St. to Grand Ave. Proposed I}escription (11J11l9'� �� -1 �1�1 �,oa� PLl�MY6iG aVIL ENGPYEERQ�G LV:D SL/RVE.vING ENVLiOPCAINI'AI. w�.�.oiocx 'Ihat part af Westem Avenue lying west of the west line of Lots ?A and 25, Whitacre, Brisbine & Mullen's Subdivision of Lots 1 and Z of Leech's Addidon of Outlots to the Town of Saint Paui, according to the recorded plat thereof, Ramsey County, Mmnesota, and said west lines produced; lying south of the soufh line of Ramsey Street (aLso being the north line of said Lot ?s3, produced west}; lying north af the notthwesSeily right of-way line of Grand Avenue (fozmerly lmown as Oakland Avenue); and lying east of the west line of the southeast quarter of Sect'ton 1, Township 28 NortL, Range 23 West, said Rawsey County. 11/11/97 16:04 FA% 612 424 5522 � QL{�JV7 �� & �ssorvuer. > Wc.'c5s & AssoanrES. ]nc. . T200 H[nn.oca i.,�r.E. SUita 3O0 . hWa.e G�arn.�E tvLnn'�sm'+5536�-5592 . Td_ iG121 42a-550� . rnx: (612t 4?4-5822 e�mail: loucks�rrlinn.ner•webpage: hnp:1/wwwLminn.neV-toucl¢/ Pw� R. McL,w.� & Sov � 6015 C.�ruu Avsv�. Easr . 1nn=ea G�ue i hiwn�emn 550't6 . 7F1. 1613) 457-3645 • F.�x: 1G12) 45��6642 02/04/1998 04:17 612-222-4179 GUPTIL CONTRACTING PAGE 02 "TTTL� PROT£C'T901V, 1�1C. Febru�ry G3, ?998 Peter Wf�ife Ci:y aF51 Paul Dear AAr White. �� .��t�t Tne foilowing is 8 list of ownersnip i.n regards to tr,e vacalion of Westem Ave. asit affe�ts Nlaui Pacific Project. . EA3r SIDE: , LOT 24 WHIFAGRE, BRl$BIfU� �@�1.ULLEAI'$ SUBDIYISWN DF LDTS 1 21JF I�ECN'S ADDtTIpAI TO OU7L0T8 70 TNE TOW@d OF SAIAIT PAUL. O,NlNF,R pF RECOF=D: MAUI PP,�1F1C, �NC. A3 EVIDENCED BY CERT1FkCAT� NlliABER 385523. MNl.lNG /tDbI�E55: MAUI PACIFIC, IA1�. 29� $E NJ#W ST 5TE 306 b11NNEAP4L13 MN SSa14. , LOT 25, WNITdCRE. BRISSJI�E � MULLEPd'S SU8D1!/1S(ON OF LOTS 9 8 2 QF LEECH'S ADD1T(ON 70 OLTLpT3 TO THE 7�Y1GV QF �NT p,�UL. OWNER 0� R�CORD: JOHN A AACDONOUG}# ANOLL(ANPIE �OR7ESI /lS EVIDENC$0 BY DEEQ uc��Gen�n�r r�uMs�tt 2s�a�z. , ADDRES$; 373 GRAND A1/IE�.Y P�11L MId 55102 WEST 3.3 FEET O� LOT 281i�aJ�,p�CF�P, @$►$��IE & BRL(LLEN'S SUSf]IYlStON OF Lp7S'1 S 2 OF LEECH'$AAL�IT�ON TO QUi"J„�.78 TO TIiE Z{}WN DF $� PAU1 PAR70F VACATED LIS�L7AI STREET. aWAJER QF RECORD; PAUI, 7d tr€EDBER� qND OEAtJ N$AUSSER A$ TRIJSTEES UNDER TRUST AGREEIiAENT DATED SEPT.�t�R 2� A4S EVIDENC,F_D BY oEEQ DOCt1kEN7 iJUM�ER 2STFy94 °'"• . . . �••° , PAUL � HED9ERG AtdD DEAtd N SAUSS�,R AS TRUSTEES MAILING A�pAESS; P06 7fi3on �T PAUL MN b69 r6, � WES7 S1DJ�: , 7HE SUMMlT Flt�L TOt+�(NHOUSE CONA�.t4tMIUd�S. APT QWI�LERSHI➢, NIIIABER 99_ CpNDOM1N�UM A5SDCLqTlON: T(�!E $lJpfll�lT {iILL YOVttMHOUSE ASROCIATION. M{d�LING ADQpESS; 38A R1►.9d��ry' gT S7 A61'JL MN 55102, AS Sh►OWN IN GONDO BY L,ANlS_ TNE TARI�y7'DN CL2NLlQMtAUlldBS.�PT O3fY�9SN[P �tLlkit�Fl89. COMDi�L11WIU�+I A6SLICIATI�M: THE TAREYTOW COIJpU1A�NIUM ASSOCfAT10N. MAIUP}G AI3DRESS; 38J GRAMD AVE ST FAUL MN 551p$, AS SNOWA( W CONQO BY LQINS: 7 y�u nave any questlons or �! you neea furtner irtformslion please do noi hesitate to cornact me S'^��Y, ��- :"�'-. � ��tAr W" LmmD cc: Gup4i1 Contr�ciit�g .,..,, ,��-- ^--� .. . ., . .... --- - i�0�&OUfl�F-;'�id/G��O; �i� Os�i-B��Hi-'�?�i1 '�f0[,La3.L0Ei 3�IZIi 9d^vy�I JUN-15-1998 11�09 ST PqUL RERL ESTRTE 612 266 8855 P.02ie2 CERTIFICATE OF INTENDED NON-USE � �� THE HONQRABLE MAYOR AND MEMSERS OP TT�E COUNCII. OF THE CITY OF SAII�]T PAUL In the Macter of Vacarioa File # i-1998 The undcrsigned hereby certifies, on behalf of the indicated depaztment or company, that it does noc in[end to exercise its utility rights in the realry described below: that part of Western Avenue ]ying west of the west lilie of Lots 24 and 25, Whitacre, Brisbine & Mullen's Subdivision of Lois 1 and 2 of Leech's Addition of Outlots to the Town of Saint Paul, according to the recorded plat thereof, Ramsey County, Minnesota, and said west lines produced; lyuig south of the south line of Ramsey SEreet (also being the north line of said Lot 24, produced west); lying north of the northwesterly right-of-way line of Grand Avenne (formerly known as Oaktand AveQUe?, and lying east oY" tlne w�t tine c: the sautheasi quarter of Section 1, Township 28 North, Range 23 West, said Ramsey County. except as here noted: COLORADO AitAPAHOE > SS. 7'hc furcgoing itsstmmeot was by of under the tnws uf �he Sn�c of ColonAo. JOHN L. MORTENSEN NOTARY PUBLIC > STATE OF COLORADO My Commission Ezpires 02/O612001 Ucfa•e me t6is � d�y of . I99� � _�� a �- — �a��C��-O�Y-� L.C�/L� — Y �r�'° � f///�t�10 Nonry� Pubhc, qrspahoc Counry, Colorndo. My eommissio� expirts _`�{0�z��1�/ ** Please return this original copy to i4Q City Hall, St. Paul, MN 55102 * TOTAL P.02 JUN 15 '98 10�13 612 266 8855 PAGE.02 US West Communications CERTIFICATE OF INTENDED NON-USE �� THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF SAINT PAUL N.S.P. - Electric Division Bruce M. Zemke The undersigned hereby certifies, on behalf of the indicated department or company, that it does not intend to exercise its utiliry rights in the realry described below: that part of Western Avenue lying west of the west line of Lots 24 and 25, Wlutacre, Brisbine & Mullen's Subdivision of Lots 1 and 2 of Leech's Addition of Outlots to the Town of Saint Paul, according to the recorded plat thereof, Ramsey County, Minnesota, and said west lines produced; lying south of the south line of Ramsey Street (also being the north line of said Lot 24, produced west); lying north :,: tue aa: �hivesier?y :ight-of-�a� >;nP of Gran�l Avenue (formerly known as Oakland Avenue); and lying east of the west line of the southeast quarter of Section 1, Townslup 28 North, Range 23 West, said Ramsey County. except as here noted: its utility rights. MINNESOTA RAMSEY Release as described above. NSP does not intend to exercise > SS. ) Its Construction Desian Team Leader In the Matter of Vacation File # 1-1998 The foregoing instrument wu acknowledged before me tLis 1 3 t h day of �� n U d py , 199$. by �sruce cemKe oe Northern States Power �1 �i 1• �� ".0 .�- Minnesota Corporation. under the laws of the State of Minnesota. e r . nnn �vnnnw , n^^^^ ^ '` ^^^n �� ww. � nn � K?.T, I-;�EF('� S. GO�rV � - � CT4RY �'= "-�� '°' ' No gubhc, Rzmsey Counry, M nnesota. ; " t """ ' n _ J'�,�.'„';:�Y � 5'�<��'' �� si ?�° }� � ?�;� CD[f�l V�Ndev�w4tVw� CARIIIIISSIOD C](p1CPS � �� Q�(/ II� .� s'�tK+": �v�+`vi�^h ** Please return this original copy to 140 City Hall, St. Paul, MN 55102 "* CERTIFICATE OF INTENDED NON-USE q� ' � THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF SAINT PAUL In the Matter of Vacation File # 1-1998 The undersigned hereby certifies, on behaif of the indicated department or company, that it does not intend to exercise iu utility rights in the realry described below: that part of Western Avenue lying west of the west line of Lots 24 and 25, Whitacre, Brisbine & Mullen's Subdivision of Lots 1 and 2 of Leech's Addition of Outlots to the Town of Saint Paul, according to the recorded plat thereof, Ramsey County, Minnesota, and said west lines produced; lying south of the south line of Ramsey Street (also being the north line of said Lot 24, produced west); lying north of the northwesterly right-of-way line of Grand Avenue (formerly known as Oakland Avenue)� alld lyillg easf of the Wesf lille oY Lile SOUiue89t �e�aY�ei �€ S�.ii�� 1, Township 28 North, Range 23 West, said Ramsey County. except as here noted: RECEIVED � E 3 1l 5 f998 REAL ESTATE DIVISION N.S.P. - Gas Distribution Its �cYS �y� q �iwcP� � '� i�� Signature MINNESOTA RAMSEY > SS. ) The foregoing instrumen[ was acknowled ed before me this �� day of �_.Q,/Niiyg�z.•. , 199� by � the of � s� � , a Q under the laws of the Siate of Mmnuota. My commission expires . �� "'��c�presJan.31 ** Please return this original copy to 140 City Hall, St. PaU�, 1NN 5�"1�"� CERTIFICATE OF INTENDED NON-USE THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF SAINT PAUL RECEIVEQ q �-'1'� ` � � � t G 2 t99� REAL ESTATE DIVISION In the Matter of Vacation File # 1-1998 The undersigned hereby certifies, on behalf of the indicated department or company, that it does not intend to exercise its utility rights in the realty described below: that part of Westem Avenue lying west of the west line of Lots 24 and 25, Whitacre, Brisbine & Mullen's Subdivision of Lots 1 and 2 of Leech's Addition of Outlots to the 'Town of Saint Paul, according to the recorded plat thereof, Ramsey County, Minuesota, and said west lines produced; lying south of the south line of Ramsey Street (also being the north line of said Lot 24, produced west); lying north oP tue norinwesieriy rigbi-of-way une oi uranci Aveuue �:ar�e:iy t.,uown xs Oakland Avenue); and lying east of the west line of the southeast quarter of Section 1, Township 28 North, Range 23 West, said Ramsey County. except as here noted: MINNESOTA RAMSEY ��/f T > SS. ) /vlQ//I�l�l aQr�o�� vr� Continental Cablevision The foregmng ins�umen[ was acknowledged before me this C� D day of I � fivw\�CM-� , 1947� bY ��.�,�"{,,, ' ir�J-�CIJ�C�Iq ,il�e �C✓1lru �-t)C'��ct.r�o.��b'� of � Y�M�r� �CPN-��.N,.� , a ��.�,�1'in-� under the laws of the Siate of Minnesoq. �� D>'�RA KAY �'V F �� Gc't'�'�7C�O�^'i 5 _,:, , r.cr„Rr at s ic - ra �.ya:;r:, � n�`>� �'�°"=- �� ; Noqry Public, Ramsey Counry, esota. � ' . MY GOMN.13„IOi! i.Xrii2c5 (` ��' � JANu.�RY 31, 2C,.� My coaunission expires ��Q/�^� �( � U U ** Please return this original copy to 140 City Hall, St. Paul, MN 55102 ** CERTIFICATE OF INTENDED NON-USE �� "�� THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF TAE CITY OF SAINT PAUL In the Matter of Vacation FIle # 1-1998 The undersigned hereby certifies, on behalf of the indicated department or company, that it does not intend to exercise its utiliry rights in the realty described below: that part of Western Avenue lying west of the west line of Lots 24 and 25, Whitacre, Brisbine & Mullen's Subdivision of Lots 1 and 2 of Leech's Addition of Outlots to the Town of Saint Paul, according to the recorded plat thereof, Ramsey County, Minnesota, and said west lines produced; lying south of the south line of Ramsey Street (also being the north line of said Lot 24, produced west); lying north �f fL�� ua:±�v��ster'_y r-g�r_af_yva�� i�e ef �rand :�v��e �fo*anerll� kn�svv as Oaktand Avenue); and lying east of the west line of the southeast quarter of Section 1, Township 28 North, Range 23 West, said Ramsey County. except as here noted: DISTRICT ENERGY ST. PAUL, INC., AND DISTRICT COOLING ST. PAUL, INC., HAVE NO EQUIPMENT IN THE AREA TO BE VACATED AND HAVE NO OBJECTION TO THE VACATION. District Energy and Cooling St. Paul, Inc. Its U r es; -j ,�' A��v� Signature MINNESOTA RAMSEY > SS. ) 11 �- The foregoing instrument was acknowledged before me [his I 3 � ~ day of � O-r.eta-Y , 19 , bY Yl �3�YS J � � 4 da...�s+-✓' ,tLe ( Pe.S �� 1 of � is1?; c.�' ��ra 4-�_ U"a.wQ �c. , a d r i u.�Ce_ 11 e+'�- d ro �' "�- G.orO oPoc�l ar- i under the laws of tUe State of Minnesota. • qnnM/W V�MA/� n/�qMnM.1TN.MP.AMMA � �� T,2UDY l. SHEft�V00D �:;;'s;,F� � NOTF'nl' PUBI;C-?�+hh'ESOTA < �"'�J?'� WASHINGTCN COUNTY � My Comm. Ex�:es Jan. 31, 2000 6VWVWWVVVVVWWVVVWJVVW W V VV W R `.� �� Notary Public, Ramsey Coun , Minnesota. My commission expires �d�..�.4o-c.�n �� a10 O p ** Please return this original copy to 140 City Hall, St. Paul, MN 55102 ** �-. CERTIFICATE OF INTENDED NON-USE ��j'� THE HONORABLE MAYOR AND MEMBERS OF TAE COUNCIL OF THE CITY OF SAINT PAUL In the Matter of Vacation File # 1-1998 The undersigned hereby certifies, on behalf of the indicated department or company, that it does not intend to exercise its utility rights in the reaity described below: that part of Western Avenue lying easterly of the west line of the southeast quarter of Section 1, Townslup 28 North, Range 23 West, Ramsey County; southerly of the south right-of-way line of Ramsey Street; and northerly of the northwesterly right- of-way line of Grand Avenue (formerly known as Oakland Avenue). except as here noted: To protect an existing sanitazy sewer main, the Department of Public Works shall retain a permanent utility easement on, over, under and across, that part of the azea to be vacated lying within the following described boundaries: Commencing at the northwest corner of the southeast quarter of Section 1, Township 28 North, Range 23 West; thence south 46.54 feet along the west line of said southeast quarter to the point of beginning; thence east 21.78 feet to the northwest corner of Block 1, RAMSEY HILL TOWNHOMES; thence south along the west line of said Block i and its southerly extension to the intersection with the northwesterly right-of-way line of Grand Avenue (formerly Oakland Avenue and formerly Pleasant Avenue) as opened across Whitacre, Brisbine & Mullen's subdivision of Lots 1& 2 of Leech's addition of Outlots to the town of Saint Paul; thence southwesterly along said northwesterly right-of-way line of Grand Avenue, a distance of 16.98 feet more or less, to the west line of said southeast quarter; thence north along the west line of said southeast qnazter to the point of beginning. and except that the City must retain Deplrtrrierit of PUblic Wotks a right-of-way easement as shown in the attached Exhibit "A". MINNESOTA RAMSEY > SS. ) The foregoing instrument was ackaowledged before me this �TH day of by �J 5 J. �G� vm �e C�, ry ciu��tiEE-z of,ST �AUL �UBGiLIN4PK_S ,a �///V//r�Pf/L �/7.P,P027�T7D/V under rhe Iaws of the State of Minnesora. a � CYNTHtAANME WOOD 1piAFlY PUBUC • ►UNNESOiA RAMSEYCO�Nn NjCa� Eip6udan.31.2000 • ■ �tn(nst�a c G-M�++�- ZC�L� Notary bliq Ramsey County�Minnesota. My commission expiru � . �' .( �Z`+ ** Please return this original copy to 140 City Hall, St. Paul, MN 55102 ** Its �' �Ty �NG/�/EE�2 y _--� �� .�y� E�ibit "A" to Certificate of Intended Non-Use Description for right-of-way easement Beiween Grand Avenue and RAMSEY HILL TOWNHOMES To ensure conrinued access to properties now served by the right-of-way to be vacated, the Department of Public Works shall retain a permanent public right-of-way easement over under and across that part of the area to be vacated lying within the following described boundaries: Commencing at the northwest corner of the southeast quarter of Section 1, Township 28 North, Range 23 West; thence south 46.54 feet along the west line of said southeast quarter, thence east 21.78 feet to the northwest corner of Block 1, RAMSEY HIL,L TOWNHOMES; thence south along the west line of said Block I a distance of 109.24 feet to the point of beginning; thence south along the west line of said Block I and its southerly extension to the intersection with the northwesterly right-of-way line of Grand Avenue (forxnerly Oakland Avenue and formerly Pleasant Avenue) as opened across Whitacre, Brisbine & Mullen's subdivision of I,ots I& 2 of Leech's addition of Ouflots to the town of Saint Paul; thence southwesterly along said northwesterly right-of-way line of Grand Avenue, a distance of 16.98 feet more or less, to the west line of said southeast quarter; thence north along the west line of said southeast quarter to the intersecuon with a line that bears North 89 degrees 17 minutes 00 seconds West from the point of beginning ( said line being parallel with the south line of said Block 1); thence South 89 degrees 17 minutes 00 seconds East, parallel with the south line of said Block 1, to the point of beginning. � �2 L RECElVED CERTIFICATE OF INTENDED NON-USE �A� 2 2 �g9c�ag �� THE HONORABLE MAYOR AND MEMBERS REAL ESTATE DIVISIOPS OF TAE COUNCIL OF THE In the Matter of CITY OF SAINT PAUL Vacation Fi�e # i-1998 The undersigned hereby certifies, on behalf of the indicated department or company, that it does not intend to exercise its utility rights in the realry described below: that part of Western Avenue lying west of the west line of Lots 24 and 25, Whitacre, Brisbine & Mullen's Subdtvision of Lots 1 and 2 of Leech's Addifion of Outlots to the Town of Saint Paul, according to the recorded plat thereof, Ramsey County, Minnesota, and said west lines produced; lying south of the south line of Ramsey Street (also being the north line of said Lot 24, produced west); lying north of the northwesterly right-of-way line of Grand Avenue (formerly known as Oakland Avenue); and lying east of the west liue of the southeast quarter of Section l, Township 28 North, Range 23 West, said Ramsey County. except as here noted: MINNESOTA ) > SS. RAMSEY ) Water ItS General Manager �!il�lit�t�< l r ��t.(J'G�`�._..� ' Signature 1998 Tite foregoing wstrumen[ was acknowledged before me this 15 th day of JdnudTy �Fjij� bY Bernie R. Bullert � General Manager of the Saint Paul Water Utility a Municipal corporation of the City of undec the laws of [he Sta[e of Miunesota. � r `l. SHIRLEY A. JONES <� _ � �Q pOTAftY PUBUC-MINNESOTA $ RRMSEYCOUNTY � MyCOmm.ExplresJan.31� ayvWVwvwvwvvvvwvwvvwvwwWV+ My commission expira Saint Paul ** Please return this original copy to 140 City Hall, St. Paul, MN 55102 ** 0 � !� J ►z ... �� . .. 'mlms.,,�� — � s . -- "_ ' .' _" — _ � � — � _ _ ___ _—__ . _ �. .._ � � . � ' � , - ' _ : n .,..x-.a _ END EXCEPTION STA. 15+28 $- � d7.5' { � 47.4' � L___- I 60' 60' � �� ) Ot � ;n i � \ ` �_------------� j - .� o � + ,G � `��_�.• 3 — — �-� — - ---_----- =�— — — - I i __ __ ___` ` I�I � \ �� T � �� \ \ � � � PEOESTRtAN CR455�NG SEE OETAN. St�EET 2 � N � 49 � I I � �' 49' � 60' I 60' i � � � � , �� -�-- � � o-�- + �� • � � '-' ' � � � �IN M + 1_I - 3� j . � �' �r� � i , Z 'r i _. i I ri I � 29 � i iil r � � ii 3 � �� i i i � � � �� `� �� 622 � � I I � � 621 30 I , �� _ G G � � � � � G / co � PJ;r"`` �_ __ _ _ _— _�_ � �Y t � � � -- 76"W — _= i- �,', -"„ 3 - - �4 � _ � � � --_-----__-- 8'� � -� - - I � .: � � .� ... " . _ _ _ _ _ _ _ _ — _ _, N _ _ _ _ - - " � �j Q � 2 � � = `, r � , ^ k - : ------ � , 3 � � _ - -- �� ^ ., i - _— , _ � S.S- 3 � � N '''�'z=' � � � � � 7 3% x :��r;. . •' "' ; � ��. �t�.r3.� . - . ;,>>., �.'. \ t HEREBY CERTIFY THAT TMIS PUN WAS GRE�ARED . ._ , m DALE STREET RE > BY ME OR UNDER'IAY DIRECT SVPERYtS10N AND �,�^., „ � : THAT 1 AIk A DULY' REpSTERED PROFESStONAL 96-TP—�I O4E ENGINEER UNDER 7�IE IAWS OF THE STATE # g'-' .. :� It1NNE5Q7A � 'P"' = � PAVING .DR. 12 " DRYVG. N0. 1399 . . . . � . . . � : c; : -' , 6pTE RE0. (f0., . . . [ ��ju. ; � �� , , �� _ �`�:.'t�: ��. ' .. . � . ,_.. .. " . . � ' .. . � - � . . . . ...i _ Return copy to: Real Estate Division 140 City Hall ORl�INA�. RESOLUTION Presented By Referred To Council File # ig'1 Green Sheet # �_� NNESOTA aa Committee: Date 1 WHEREAS, due to an ambiguously defined east right-of-way line in that part of Western Avenue lying 2 southerly of the south right-of-way line of Ramsey Street and northerly of the northwesterly right-of- 3 way line of Grand Avenue (formerly known as Oakland Avenue), a cloud exists on properties adjoining 4 the said east right-of-way line; 5 THEREFORE BE IT RESOLVED, that, upon the petition of Maui Pacific, Inc., as documented in 6 Finance Department File Number 1-1998, public properties hereinafter described aze hereby vacated and 7 discontinued as public property: and, subject to the herein stated exceptions, the easements within those 8 public properties aze hereby released. 9 The property to be vacated is described as foliows: 10 that part of Western Avenue lying easterly of the west line of the southeast quarter of Section 1, 11 Township 28 North, Range 23 West, Ramsey County; southerly of the south right-of-way line of 12 Ramsey Street; and northerly of the northwesterly right-of-way line of Grand Avenue (formerly 13 known as Oakland Avenue). 14 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the 15 Saint Pau1 Legislative Code as amended, and to the following conditions: 16 1 17 18 2. 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 That the petitioner's, their successors and assigns shall pay $500.00 as an administrative fee for this vacation which is due and payable within 60 days of the effective date of this resolution. That the City shall retain a permanent public right-of-way easement over, under and across that part of the area to be vacated lying within the following described boundaries: Commencing at the northwest corner of the southeast quarter of Section 1, Township 28 North, Range 23 West; thence south 46.54 feet along the west line of said southeast quarter; thence east 21.78 feet to the northwest corner of Block 1, RAMSEY HILL TOWNHOMES; thence south along the west line of said Block 1 a distance of 104.24 feet to the point of beginning; thence south along the west line of said Block 1 and its southerly extension to the intersection with the noxthwesterly right-of-way line of Grand Avenue (formerly Oakland Avenue and formerly Pleasant Avenue) as opened across Whitacre, Brisbine & Mullen's subdivision of Lots 1& 2 of Leech's addition of Outlots to the town of Saint Paul; thence southwesterly along said northwesterly right-of-way line of Grand Avenue, a distance of 16.98 feet more or less, to the west line of said southeast quarter, thence north along the west line of said southeast quarter to the intersection with a line that bears North 89 degrees 17 minutes 00 seconds West from the point of beginning ( said line being pazallel with the south line of said Block 1); thence South 89 degrees 17 minutes 00 seconds East, pazallel with the south line of said Block 1, to the point of beginning. ��-�� 1 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any 2 other objects that will prohibit normal access to utility facIlities for maintenance purposes 3 will be pernutted within the easement azea. 4 b. Improvements in or upon the above described easement that do not prohibit the City from 5 exercising its reserved rights may be allowed by obtaining written permission from the 6 Department of Public Works Sewer Division with the understanding that the restoration and 7 costs of such improvements shall be the sole responsibility of the petitioner, its successors 8 and assigns in the event the Ciry exercises its reserved easement rights. 9 c. No change from the existing grade within the easement area will be pernutted without written 10 pernussion from the Department of Public Works. 11 d. No change in surfacing within the easement azea will be permitted without written 12 pemussion from the Department of Public Works. 13 e. The petitioner, its successors and assigns shall indemnify, defend, and save harmiess the City 14 of Saint Paul, its officers, agents, employees, and servants from all suits, actions, or claims 15 which shall arise from any injuries or damages received or sustained by any break in any 16 service pipe or connection in said resetved easement azising out of or resulting from any 17 action or negligence of the petitioner, its employees, agents, or business invitees. 18 19 3. That, a perxnanent utility easement shall be retained on, over, under and across that part of the azea 20 to be vacated lying within the following described line: 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Commencing at the northwest corner of the southeast quarter of Section 1, Township 28 North, Range 23 West; thence south 46.54 feet along the west line of said southeast quarter to the point of beginning; thence east 21.78 feet to the northwest corner of Block 1, RAMSEY HII.L TOWN HOMES; thence south along the west line of said Block 1 and its southerly extension to the intersection with the northwesterly right-of-way line of Grand Avenue (formerly Oakland Avenue and formerly Pleasant Avenue) as opened across Whitacre, Brisbine & Mullen's subdivision of I,ots 1& 2 of L,eech's addition of Outlots to the town of Saint Paul; thence southwesterly along said northwesterly right-of-way line of Grand Avenue, a distance of 16.98 feet more or less, to the west line of said southeast quarter; thence north along the west line of said southeast quarter to the point of beginning. on behalf of the City of Saint Paul, Department of Public Works to reserve the right of the City to maintain and operate any sewer in or upon said easement and to enter upon said easement or any portion thereof at any time and from time to time, for the purposes of future consriuction, reconshuction, inspecting, maintaining or repairing the same or any part thereof and shall be subject to the following conditions: q �.�� 2 3 4 5 6 7 9 10 11 ia 13 14 15 16 17 18 19 20 21 22 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any other objects that will prohibit normal access to utility facilities for maintenance purposes will be permitted within the easement azea. b. Improvements in or upon the above described easement that do not prohibit the City from exercising its reserved rights may be allowed by obtaining written permission from the Department of Public Works Sewer Division with the understanding that the restoration and costs of such improvements shall be the sole responsibility of the petitioner, its successors and assigns in the event the City exercises its reserved easement rights. c. � No change from the existing grade within the easement area wili be pernutted without written pernussion from the Department of Public Works. No change in surfacing within the easement azea will be pernutted without written pernussion from the Department of Public Works. e. The petitioner, its successors and assigns sha11 indemnify, defend, and sa�e harmless the City of Saint Paul, its officers, agents, employees, and servants from all suits, actions, or claims which shall azise from any injuries or damages received or sustained by any break in any service pipe or connection in said reserved easement azising out of or resulting from any action or negiigence of the petitioner, its employees, agents, or business invitees. 23 4. That a permanent utility easement shall be retained within the vacated area to protect the interest of 24 Continental Cablevision, Saint Paul, Inc. 25 26 5. That with the accompanying Utility Easement Certificates of Intended Non-Use, filed voluntazily on 27 behalf of U.S. West Communications, Incorporated, Northern States Power Company, District 28 Energy St. Paul, Incorporated, Access Transmission Services Incoiporated, Continental Cablevision, 29 The Water Utility, and The Departznent of Public Works, made a pazt hereof by this reference and 30 filed in the office of the Ciry Clerk of Saint Paul, the City, for itself and on behalf of these 31 corporations and departments, waive the right to the utility easements in the vacated area described 32 above. 33 ° 34 35 36 q�''1� t 1 6. That the petitioner's their successors, and assigns agree to indemnify, defend and save harmless the 2 City of Saint Paul, its officers, and employees from all suits, actions, or claims of any character 3 brought as a result of injuries or damages received or sustained by any person, persons, or property 4 on account of this vacation or petitioner's use of this property, including but not limited to a claim 5 brought because of any act of omission, neglect, or misconduct of said petitioner or because of any 6 claims or liability arising from any violation of any law or regulation made in accordance with the 7 law, whether by the petitioner or any of their agents or employees 8 9 7. That the petitioner's their successors, and assigns, shall within 60 days of the effective date of this 10 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution and 11 shall within the period(s) specified in the terms and conditions of this resolution, comply in a11 12 respects with these terms and conditions. Requested by Department of: Technology & Management Services B G��,��L��i�/.� Director Form Appr ved by City Attorney By: !I,ff�f W!�✓M�� 7! Z �( 7p to Approved By: Adopted by Council: Date . �. � Ado t' Certified b Co cil Secre By: �--�� c ` — .a ��}� ,../ _ T.M.S./REAL ESTATE Date: July 20, i�vs Green Sheet Number: 52199 DIVISION $-�� etPeisonwdPhoneN�mber. 1 ffi" �/ Z� 3 CITYCOI7NCII. L Peter White 26¢-8850 °'`°°°Y °� ♦ DffiECfOR FFICEOFFINANCIAi.SVCS. he w Comcil Agenda 6y. Liugu$t 12 1998 2 yOR(ORASS7ST OTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATION5 FOR SI ATURE) CTION REQUESTED: To vacate as public right-of-way part of Western Avenue lying northwesterly of Grand Avenue and southerly of Ramsey Street. Ref• 1. Resolution for approval; 2. Petition to vacate; 3. Ownership Report; 4. Map showing area to be vacated; 5. Certificates of Intended Non-Use. oAII1�IDATiONS: APPROVE (Aj oRRE7E(.T � ONAL SIItVICE CONTRAC'� MUSf ANSK'ER THE FOLIAWING: . Has the person/firm ever worked imder a contrad for fhis depariment'! YES NO e.u�smvcrn�iox A sreae . Has tltis Person/fi�m ever been a Cily emplopee? YFS NO . Dces tLis Persam/firm P��4 a s6�ll mt normallY Possesved b9 an9 YES NO current City employee? Esplain all YES answers on a separate sheet and attach. TS FVffiCH COUNCII, OB]E(:TiVE? COUNCII. WARD(S) 2 DISTRICT 9 PLANNING TINGPROBLTLM, ISSOE, OPPORTUNI7'Y (4Vtio, WhaS When, Where, Wh9?): There was some confusion regarding the easterly line of Western Avenue rig6t-of-way . THE COUNCIL VANTAGESIFAPPROVED: HEARING ON TffiS � �ut �nvsn tne �terry �gnt-�e �y sne. �TTER IS SET FOR sanv,�nrrncrs � arrxovEO: �;3 � ., � �vone ,�L � � � August 12� 1998. �� v�A��N��o�: JtJL 21 199a Confusion regar�ng the easterly righf=of-way line of _ _ Western Avenue will remain. �- -"�µ fl��YO�'S O�ftGE AL AMOUNf OF TRANSACTION: �� C�T/REVF.NUE BUDGETEU (CIItCLE OftE) YES NO u�'c sovRCE: N!A ncT'°rrr''m�Ex: N{A CIAL INFORMATION: (E%PLAIIV) $SOb.00 represents the administrative Cee for the vacation. ST. PAUL CITY COUNCIL PUBLIC HEARING NOTICE STREET/ALLEY VACATION NANCY ANDERSON City Council Ward # 2 Planning District # 9 q8-�y� CITY COUNCIL RESEARCH 310 CITY HALL File No. 1-1998 PURPOSE to vacate as public right-of-way part of Western Avenue lying of Grand Avenue and southerly of Ramsev Street. PETITIONER HEARING QUESTIONS MAP (attached) Notices sent: Maui Pacific, Inc. The Council will conduct a public hearing on this vacation on Wednesday, August 12. 1998 in the Council Chambers on the third floor of City Hall. Public Hearings begin at 5:30 P.M. i Ca11266-8850 and refer to the file number above. City staff will be available unti14:30 in Room 140 City Hall to answer any last-minute question on this project. by Real Estate Division Dept. of Technology and Management Services Room 140 City Hall - Court House Saint Paul, Minnesota 55102 I � I � _ M N m � N N M M I N � N I � I � N N �V N � � � _ o (� r N � \ �' c - 1 ``� _ � o � O Q �-� � � � �� 8_O�)6 �� , �� i � � „ ^ .__, �� ;'.� _ �, +'j. . � �,��4i. c� �'O r � � � � . M o � ��4 I .� . ' r - Q' ' O r' < ` w ------ �� -. _� N `J, � ' ' Nv� r I� '9 N - � O � :� � I� � � � � I �'� � m � � N � � N � i ao N � � � � i i � � d� � � I i _, � � � ��. �________ _J 1__ ______.__y \ , � � � � ( � � 1�� \ `\ � i� � ? ► �•• � � I -=\}--� ' ---3�--��_�� - � � r------ �i , �'` \ � ` !� i i O i � . ;. �v OS' � � • �l � � � ` 1 1 L - IJ� --1 ' - - - _ - - - � � .�,1 � i `' .� b ; � r. � ,� _ i��: '� _ ! ____�__.._� t� ~ � I �. . � - - - - _•.�. � !. ^ � .� � � e� _ � b �.� i t I� i '. ! i - _ ' '__'_____ � . _', t ________- a � �,,,, • • � r. - a J O` �_ , � , �aio � `� b � � ---- "'° � Z - � -- - ----- i �------- i � � 6 Q. � � � ' b N .-. � � `O � � � � s \ � � i i I� w rQ- �---"-� r -- ' ------- '� �N� � � � � O I �. 1 - _ �-_ ' 4 � �..� �� o � �; �. - ' f � -- -----------' r \ � _ _' N' 1 — � . \� � � � � ^ �. P � � � NQ J �,' � i � i �� L"'________J I _ _ _ _ 1 L _ � � � ' c3 `' z E � - � i .' _ _ _ J L'�`��'��"J c o�•• a � a - < _ s '� �� n a. �`' . °O � Q b�' C '40 ;�e � L �ioZ J j.� ' � 9 oa 6 b � ` - L � p C� �c� p �y p f � c \ 1 = �2 �� J � ci1 " \i O ` ° o O � b � o , ti � � m o � o t S .� � � ° a � � ' �/ ZC / � �/ / v// � �/� �' / � a � � r o c� 'a � / � ' / 9 0 % � \ � � a 9 � � � �� \ 1 � � a . � � � �- � _ / ��'� � �'.3' . �o �� z � / � \ � � � � � � a • � � � � �\ � � +7 \\ � � � • � � � _,Q \� ' � � i; � � \ ��.,. ' � �" � \ \ �� f c'Q � \ O \ ` 71� \ � � � � � � . \ ' � �� , i " .�L �� m `� `\ � ` � � � �� _� \ \ � � � ` �. n � � �� ii \ � � r N `� < ° s � h � � � , J ,. , O � ;., ., � , V � / � �? - ��i' °_° o � <.� ��_ ! � � o � o _ � %� v . � Interdepartmental Memorandum CITY OF SAINT PAUL To: All Council�bers From: Peter White �j Right of Way En neer 140 City Hall Date: Subject: July 21, 1998 TMS Department Vacation File No. 1-1998 ��,��n I recommend a public heazing before the City Council be held on August 12, 1998 . The purpose of this hearing is to vacate a part of Western Avenue lying northwesterly of Grand Avenue and south of Ramsey Street. This property is located in City Council District 2, Planning District 9. The subject petition is in proper form and has been signed by the requisite number of property owners. cc: Shari Moore �tlRd� R �g�a>v , h f �� Y� �._, '..,� ` —.� � �� .-��`I NOTICE OF PUBLIC HEARING Notice is hereby given that the petition of Maui Pacific Inc. for the vacation of that part of Western Avenue lying northwesterly of Grand Avenue and south of Ramsey Street, thereof on file and on record in the office of the City Clerk of Saint Paul, Minnesota, and said petition will be heard and considered by the Saint Paul City Council at a meeting thereof to be held in the Council Chambers on the 3rd floor of City Hall and Court House on the 12th day of August, 1998 at 5:30 P.M. Dated July 23, 1998 Shari Moore Deputy City Clerk (July 25, 1998) �iG tS�°�+�"��F �Qeau>�!.� n,�nt${ �� 4�� o �� ,,o � PET'ITION TO VACATE CITY INTEREST I(we), iLe undeisigned, constiNting a majority of the ownus (or tLeir legally detignated rep�entatives) of the abutting properties, do hereby petition tLe Council of the Ciry of Saint Paul to vante ifs interests in the property(ies)1egally dcscribed at follows: .^�ee Attachmeat g I(we) request this vacation for ihe following reason(s). Se2 Attachment A I(we) have attached six copies of Ihe site plans of any development intended for cons[ruMion on the lands to be vacated. Contact Person Person(s) responsible for payment of vacation fee and for acceptance of the terms and conditions of the vacation: Narne: (.�y ��GZ« Name: �1� �C�i.�. Lt� 1 M/ T��{ l=��i �l�{C.> Phone: 7 � 7��7 Phone: Q �� nddress:3 Jfo IZ.ilMSEY ST n.daress: /�-MSEY �l Si .�A.vt.... Mn1 �'.Stt�2 ST u� MN SStOZ Al[emate Con[ac[ Person Name: kJ� � S v[ l� (�(„� Phone: �fl � 7�� Address: 37 �O �P.M S�Y S� �-QAvL- MN`SS102 aaa�s: Signatures of Owner(s)/Representative(s) of Property(ies) Below: • i/ .� / " v q�'�"�� " G• (:. 9 a� 'r,J�i.�-�� i ��1 7 AJ - �r `:. 4 �� (LL//JG�,, �'V / ,�/ �-iIF1�� l �� w� �KE UI�DE�SIGf�Fr-"'� �'E l0 �k{� ?,7?> P/dJ� /oc�sE '(E�M�s F�nlb Cq�.lb� i �onl s F� TFEts s� P�� ss�e�2 ia2Eyror� �u4ontirnnvpn ks�rA�onr BY lzs �HcF.� �� -�vE.c� G.v.�� --�_ �Y�?� /k�! �r �vL Ss�D2 7� 3fZ'� • tkw petitionet, or orn of tbe petitionecs in the above maric, and I do hereby sweat and ve�ify ihat each ofthe � presrnce by ihe peison daccibed in ilx pe[itioa • SuM�dandsvomtobeforemethis � `" ` dayof � /�i�� .199 / — f — ,� �� r��.�� alv�f 10hpJ IN1.1A MICHEL�f CARl.3QN NpTN{Y� �� TA Y�r�� ns Attachment A �(g Petitioner Maui Pacific, Inc. has built 11 townhouses on L.ots 20, 21 22 23 and 24, Whitacre, Brisbane and Muilen's Subdivision of Leech's Outlots (which they have now replatted as Ramsey Hill Townhomes), which have access to a public street only from Grand Avenue, along Westem Avenue adjacent to Lot 25 of Whitacre Brisbane and Mullen's Subdivision. The St. Paul Ciry Council's resolution approving the new plat is conditioned upon the vacancy of that portion of unimproved Westem Avenue east of the quarter-quarter section line that adjoins this properiy and the portion thereof adjacent to the new plat, and the protection of private easements for access thereto. Maui Pacific, Inc. hereby requests vacation of that portion of Western Avenue lying east of the quar[er-quarter section line (see Attachment B) adjacent to Lot 24 and John McDonough and Luanne Cortessi and Tazeyton Condominium AssociaUOn request vacation of that portion of Western Avenue lying east of the quarter-quarter section line adjacent to Lot 25. McDonough and Cortessi agree that they will, as a condition of granUng the vacation, grant an easement over that portion of the vacated street necessary for access to Lots 20 through 27 of Whitacre, Brisbane and Mullen's Subdivision and to the Tareyton Condominium Association properiy located at 383 Grand Avenue. IAUCSS & ASSOC. Attachment B �y �u To�t,o� Vacation of Fast Half of Adjoining Westem Avenue From Raznsey St. to Grand Ave. Proposed I}escription (11J11l9'� �� -1 �1�1 �,oa� PLl�MY6iG aVIL ENGPYEERQ�G LV:D SL/RVE.vING ENVLiOPCAINI'AI. w�.�.oiocx 'Ihat part af Westem Avenue lying west of the west line of Lots ?A and 25, Whitacre, Brisbine & Mullen's Subdivision of Lots 1 and Z of Leech's Addidon of Outlots to the Town of Saint Paui, according to the recorded plat thereof, Ramsey County, Mmnesota, and said west lines produced; lying south of the soufh line of Ramsey Street (aLso being the north line of said Lot ?s3, produced west}; lying north af the notthwesSeily right of-way line of Grand Avenue (fozmerly lmown as Oakland Avenue); and lying east of the west line of the southeast quarter of Sect'ton 1, Township 28 NortL, Range 23 West, said Rawsey County. 11/11/97 16:04 FA% 612 424 5522 � QL{�JV7 �� & �ssorvuer. > Wc.'c5s & AssoanrES. ]nc. . T200 H[nn.oca i.,�r.E. SUita 3O0 . hWa.e G�arn.�E tvLnn'�sm'+5536�-5592 . Td_ iG121 42a-550� . rnx: (612t 4?4-5822 e�mail: loucks�rrlinn.ner•webpage: hnp:1/wwwLminn.neV-toucl¢/ Pw� R. McL,w.� & Sov � 6015 C.�ruu Avsv�. Easr . 1nn=ea G�ue i hiwn�emn 550't6 . 7F1. 1613) 457-3645 • F.�x: 1G12) 45��6642 02/04/1998 04:17 612-222-4179 GUPTIL CONTRACTING PAGE 02 "TTTL� PROT£C'T901V, 1�1C. Febru�ry G3, ?998 Peter Wf�ife Ci:y aF51 Paul Dear AAr White. �� .��t�t Tne foilowing is 8 list of ownersnip i.n regards to tr,e vacalion of Westem Ave. asit affe�ts Nlaui Pacific Project. . EA3r SIDE: , LOT 24 WHIFAGRE, BRl$BIfU� �@�1.ULLEAI'$ SUBDIYISWN DF LDTS 1 21JF I�ECN'S ADDtTIpAI TO OU7L0T8 70 TNE TOW@d OF SAIAIT PAUL. O,NlNF,R pF RECOF=D: MAUI PP,�1F1C, �NC. A3 EVIDENCED BY CERT1FkCAT� NlliABER 385523. MNl.lNG /tDbI�E55: MAUI PACIFIC, IA1�. 29� $E NJ#W ST 5TE 306 b11NNEAP4L13 MN SSa14. , LOT 25, WNITdCRE. BRISSJI�E � MULLEPd'S SU8D1!/1S(ON OF LOTS 9 8 2 QF LEECH'S ADD1T(ON 70 OLTLpT3 TO THE 7�Y1GV QF �NT p,�UL. OWNER 0� R�CORD: JOHN A AACDONOUG}# ANOLL(ANPIE �OR7ESI /lS EVIDENC$0 BY DEEQ uc��Gen�n�r r�uMs�tt 2s�a�z. , ADDRES$; 373 GRAND A1/IE�.Y P�11L MId 55102 WEST 3.3 FEET O� LOT 281i�aJ�,p�CF�P, @$►$��IE & BRL(LLEN'S SUSf]IYlStON OF Lp7S'1 S 2 OF LEECH'$AAL�IT�ON TO QUi"J„�.78 TO TIiE Z{}WN DF $� PAU1 PAR70F VACATED LIS�L7AI STREET. aWAJER QF RECORD; PAUI, 7d tr€EDBER� qND OEAtJ N$AUSSER A$ TRIJSTEES UNDER TRUST AGREEIiAENT DATED SEPT.�t�R 2� A4S EVIDENC,F_D BY oEEQ DOCt1kEN7 iJUM�ER 2STFy94 °'"• . . . �••° , PAUL � HED9ERG AtdD DEAtd N SAUSS�,R AS TRUSTEES MAILING A�pAESS; P06 7fi3on �T PAUL MN b69 r6, � WES7 S1DJ�: , 7HE SUMMlT Flt�L TOt+�(NHOUSE CONA�.t4tMIUd�S. APT QWI�LERSHI➢, NIIIABER 99_ CpNDOM1N�UM A5SDCLqTlON: T(�!E $lJpfll�lT {iILL YOVttMHOUSE ASROCIATION. M{d�LING ADQpESS; 38A R1►.9d��ry' gT S7 A61'JL MN 55102, AS Sh►OWN IN GONDO BY L,ANlS_ TNE TARI�y7'DN CL2NLlQMtAUlldBS.�PT O3fY�9SN[P �tLlkit�Fl89. COMDi�L11WIU�+I A6SLICIATI�M: THE TAREYTOW COIJpU1A�NIUM ASSOCfAT10N. MAIUP}G AI3DRESS; 38J GRAMD AVE ST FAUL MN 551p$, AS SNOWA( W CONQO BY LQINS: 7 y�u nave any questlons or �! you neea furtner irtformslion please do noi hesitate to cornact me S'^��Y, ��- :"�'-. � ��tAr W" LmmD cc: Gup4i1 Contr�ciit�g .,..,, ,��-- ^--� .. . ., . .... --- - i�0�&OUfl�F-;'�id/G��O; �i� Os�i-B��Hi-'�?�i1 '�f0[,La3.L0Ei 3�IZIi 9d^vy�I JUN-15-1998 11�09 ST PqUL RERL ESTRTE 612 266 8855 P.02ie2 CERTIFICATE OF INTENDED NON-USE � �� THE HONQRABLE MAYOR AND MEMSERS OP TT�E COUNCII. OF THE CITY OF SAII�]T PAUL In the Macter of Vacarioa File # i-1998 The undcrsigned hereby certifies, on behalf of the indicated depaztment or company, that it does noc in[end to exercise its utility rights in the realry described below: that part of Western Avenue ]ying west of the west lilie of Lots 24 and 25, Whitacre, Brisbine & Mullen's Subdivision of Lois 1 and 2 of Leech's Addition of Outlots to the Town of Saint Paul, according to the recorded plat thereof, Ramsey County, Minnesota, and said west lines produced; lyuig south of the south line of Ramsey SEreet (also being the north line of said Lot 24, produced west); lying north of the northwesterly right-of-way line of Grand Avenne (formerly known as Oaktand AveQUe?, and lying east oY" tlne w�t tine c: the sautheasi quarter of Section 1, Township 28 North, Range 23 West, said Ramsey County. except as here noted: COLORADO AitAPAHOE > SS. 7'hc furcgoing itsstmmeot was by of under the tnws uf �he Sn�c of ColonAo. JOHN L. MORTENSEN NOTARY PUBLIC > STATE OF COLORADO My Commission Ezpires 02/O612001 Ucfa•e me t6is � d�y of . I99� � _�� a �- — �a��C��-O�Y-� L.C�/L� — Y �r�'° � f///�t�10 Nonry� Pubhc, qrspahoc Counry, Colorndo. My eommissio� expirts _`�{0�z��1�/ ** Please return this original copy to i4Q City Hall, St. Paul, MN 55102 * TOTAL P.02 JUN 15 '98 10�13 612 266 8855 PAGE.02 US West Communications CERTIFICATE OF INTENDED NON-USE �� THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF SAINT PAUL N.S.P. - Electric Division Bruce M. Zemke The undersigned hereby certifies, on behalf of the indicated department or company, that it does not intend to exercise its utiliry rights in the realry described below: that part of Western Avenue lying west of the west line of Lots 24 and 25, Wlutacre, Brisbine & Mullen's Subdivision of Lots 1 and 2 of Leech's Addition of Outlots to the Town of Saint Paul, according to the recorded plat thereof, Ramsey County, Minnesota, and said west lines produced; lying south of the south line of Ramsey Street (also being the north line of said Lot 24, produced west); lying north :,: tue aa: �hivesier?y :ight-of-�a� >;nP of Gran�l Avenue (formerly known as Oakland Avenue); and lying east of the west line of the southeast quarter of Section 1, Townslup 28 North, Range 23 West, said Ramsey County. except as here noted: its utility rights. MINNESOTA RAMSEY Release as described above. NSP does not intend to exercise > SS. ) Its Construction Desian Team Leader In the Matter of Vacation File # 1-1998 The foregoing instrument wu acknowledged before me tLis 1 3 t h day of �� n U d py , 199$. by �sruce cemKe oe Northern States Power �1 �i 1• �� ".0 .�- Minnesota Corporation. under the laws of the State of Minnesota. e r . nnn �vnnnw , n^^^^ ^ '` ^^^n �� ww. � nn � K?.T, I-;�EF('� S. GO�rV � - � CT4RY �'= "-�� '°' ' No gubhc, Rzmsey Counry, M nnesota. ; " t """ ' n _ J'�,�.'„';:�Y � 5'�<��'' �� si ?�° }� � ?�;� CD[f�l V�Ndev�w4tVw� CARIIIIISSIOD C](p1CPS � �� Q�(/ II� .� s'�tK+": �v�+`vi�^h ** Please return this original copy to 140 City Hall, St. Paul, MN 55102 "* CERTIFICATE OF INTENDED NON-USE q� ' � THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF SAINT PAUL In the Matter of Vacation File # 1-1998 The undersigned hereby certifies, on behaif of the indicated department or company, that it does not intend to exercise iu utility rights in the realry described below: that part of Western Avenue lying west of the west line of Lots 24 and 25, Whitacre, Brisbine & Mullen's Subdivision of Lots 1 and 2 of Leech's Addition of Outlots to the Town of Saint Paul, according to the recorded plat thereof, Ramsey County, Minnesota, and said west lines produced; lying south of the south line of Ramsey Street (also being the north line of said Lot 24, produced west); lying north of the northwesterly right-of-way line of Grand Avenue (formerly known as Oakland Avenue)� alld lyillg easf of the Wesf lille oY Lile SOUiue89t �e�aY�ei �€ S�.ii�� 1, Township 28 North, Range 23 West, said Ramsey County. except as here noted: RECEIVED � E 3 1l 5 f998 REAL ESTATE DIVISION N.S.P. - Gas Distribution Its �cYS �y� q �iwcP� � '� i�� Signature MINNESOTA RAMSEY > SS. ) The foregoing instrumen[ was acknowled ed before me this �� day of �_.Q,/Niiyg�z.•. , 199� by � the of � s� � , a Q under the laws of the Siate of Mmnuota. My commission expires . �� "'��c�presJan.31 ** Please return this original copy to 140 City Hall, St. PaU�, 1NN 5�"1�"� CERTIFICATE OF INTENDED NON-USE THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF SAINT PAUL RECEIVEQ q �-'1'� ` � � � t G 2 t99� REAL ESTATE DIVISION In the Matter of Vacation File # 1-1998 The undersigned hereby certifies, on behalf of the indicated department or company, that it does not intend to exercise its utility rights in the realty described below: that part of Westem Avenue lying west of the west line of Lots 24 and 25, Whitacre, Brisbine & Mullen's Subdivision of Lots 1 and 2 of Leech's Addition of Outlots to the 'Town of Saint Paul, according to the recorded plat thereof, Ramsey County, Minuesota, and said west lines produced; lying south of the south line of Ramsey Street (also being the north line of said Lot 24, produced west); lying north oP tue norinwesieriy rigbi-of-way une oi uranci Aveuue �:ar�e:iy t.,uown xs Oakland Avenue); and lying east of the west line of the southeast quarter of Section 1, Township 28 North, Range 23 West, said Ramsey County. except as here noted: MINNESOTA RAMSEY ��/f T > SS. ) /vlQ//I�l�l aQr�o�� vr� Continental Cablevision The foregmng ins�umen[ was acknowledged before me this C� D day of I � fivw\�CM-� , 1947� bY ��.�,�"{,,, ' ir�J-�CIJ�C�Iq ,il�e �C✓1lru �-t)C'��ct.r�o.��b'� of � Y�M�r� �CPN-��.N,.� , a ��.�,�1'in-� under the laws of the Siate of Minnesoq. �� D>'�RA KAY �'V F �� Gc't'�'�7C�O�^'i 5 _,:, , r.cr„Rr at s ic - ra �.ya:;r:, � n�`>� �'�°"=- �� ; Noqry Public, Ramsey Counry, esota. � ' . MY GOMN.13„IOi! i.Xrii2c5 (` ��' � JANu.�RY 31, 2C,.� My coaunission expires ��Q/�^� �( � U U ** Please return this original copy to 140 City Hall, St. Paul, MN 55102 ** CERTIFICATE OF INTENDED NON-USE �� "�� THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF TAE CITY OF SAINT PAUL In the Matter of Vacation FIle # 1-1998 The undersigned hereby certifies, on behalf of the indicated department or company, that it does not intend to exercise its utiliry rights in the realty described below: that part of Western Avenue lying west of the west line of Lots 24 and 25, Whitacre, Brisbine & Mullen's Subdivision of Lots 1 and 2 of Leech's Addition of Outlots to the Town of Saint Paul, according to the recorded plat thereof, Ramsey County, Minnesota, and said west lines produced; lying south of the south line of Ramsey Street (also being the north line of said Lot 24, produced west); lying north �f fL�� ua:±�v��ster'_y r-g�r_af_yva�� i�e ef �rand :�v��e �fo*anerll� kn�svv as Oaktand Avenue); and lying east of the west line of the southeast quarter of Section 1, Township 28 North, Range 23 West, said Ramsey County. except as here noted: DISTRICT ENERGY ST. PAUL, INC., AND DISTRICT COOLING ST. PAUL, INC., HAVE NO EQUIPMENT IN THE AREA TO BE VACATED AND HAVE NO OBJECTION TO THE VACATION. District Energy and Cooling St. Paul, Inc. Its U r es; -j ,�' A��v� Signature MINNESOTA RAMSEY > SS. ) 11 �- The foregoing instrument was acknowledged before me [his I 3 � ~ day of � O-r.eta-Y , 19 , bY Yl �3�YS J � � 4 da...�s+-✓' ,tLe ( Pe.S �� 1 of � is1?; c.�' ��ra 4-�_ U"a.wQ �c. , a d r i u.�Ce_ 11 e+'�- d ro �' "�- G.orO oPoc�l ar- i under the laws of tUe State of Minnesota. • qnnM/W V�MA/� n/�qMnM.1TN.MP.AMMA � �� T,2UDY l. SHEft�V00D �:;;'s;,F� � NOTF'nl' PUBI;C-?�+hh'ESOTA < �"'�J?'� WASHINGTCN COUNTY � My Comm. Ex�:es Jan. 31, 2000 6VWVWWVVVVVWWVVVWJVVW W V VV W R `.� �� Notary Public, Ramsey Coun , Minnesota. My commission expires �d�..�.4o-c.�n �� a10 O p ** Please return this original copy to 140 City Hall, St. Paul, MN 55102 ** �-. CERTIFICATE OF INTENDED NON-USE ��j'� THE HONORABLE MAYOR AND MEMBERS OF TAE COUNCIL OF THE CITY OF SAINT PAUL In the Matter of Vacation File # 1-1998 The undersigned hereby certifies, on behalf of the indicated department or company, that it does not intend to exercise its utility rights in the reaity described below: that part of Western Avenue lying easterly of the west line of the southeast quarter of Section 1, Townslup 28 North, Range 23 West, Ramsey County; southerly of the south right-of-way line of Ramsey Street; and northerly of the northwesterly right- of-way line of Grand Avenue (formerly known as Oakland Avenue). except as here noted: To protect an existing sanitazy sewer main, the Department of Public Works shall retain a permanent utility easement on, over, under and across, that part of the azea to be vacated lying within the following described boundaries: Commencing at the northwest corner of the southeast quarter of Section 1, Township 28 North, Range 23 West; thence south 46.54 feet along the west line of said southeast quarter to the point of beginning; thence east 21.78 feet to the northwest corner of Block 1, RAMSEY HILL TOWNHOMES; thence south along the west line of said Block i and its southerly extension to the intersection with the northwesterly right-of-way line of Grand Avenue (formerly Oakland Avenue and formerly Pleasant Avenue) as opened across Whitacre, Brisbine & Mullen's subdivision of Lots 1& 2 of Leech's addition of Outlots to the town of Saint Paul; thence southwesterly along said northwesterly right-of-way line of Grand Avenue, a distance of 16.98 feet more or less, to the west line of said southeast quarter; thence north along the west line of said southeast qnazter to the point of beginning. and except that the City must retain Deplrtrrierit of PUblic Wotks a right-of-way easement as shown in the attached Exhibit "A". MINNESOTA RAMSEY > SS. ) The foregoing instrument was ackaowledged before me this �TH day of by �J 5 J. �G� vm �e C�, ry ciu��tiEE-z of,ST �AUL �UBGiLIN4PK_S ,a �///V//r�Pf/L �/7.P,P027�T7D/V under rhe Iaws of the State of Minnesora. a � CYNTHtAANME WOOD 1piAFlY PUBUC • ►UNNESOiA RAMSEYCO�Nn NjCa� Eip6udan.31.2000 • ■ �tn(nst�a c G-M�++�- ZC�L� Notary bliq Ramsey County�Minnesota. My commission expiru � . �' .( �Z`+ ** Please return this original copy to 140 City Hall, St. Paul, MN 55102 ** Its �' �Ty �NG/�/EE�2 y _--� �� .�y� E�ibit "A" to Certificate of Intended Non-Use Description for right-of-way easement Beiween Grand Avenue and RAMSEY HILL TOWNHOMES To ensure conrinued access to properties now served by the right-of-way to be vacated, the Department of Public Works shall retain a permanent public right-of-way easement over under and across that part of the area to be vacated lying within the following described boundaries: Commencing at the northwest corner of the southeast quarter of Section 1, Township 28 North, Range 23 West; thence south 46.54 feet along the west line of said southeast quarter, thence east 21.78 feet to the northwest corner of Block 1, RAMSEY HIL,L TOWNHOMES; thence south along the west line of said Block I a distance of 109.24 feet to the point of beginning; thence south along the west line of said Block I and its southerly extension to the intersection with the northwesterly right-of-way line of Grand Avenue (forxnerly Oakland Avenue and formerly Pleasant Avenue) as opened across Whitacre, Brisbine & Mullen's subdivision of I,ots I& 2 of Leech's addition of Ouflots to the town of Saint Paul; thence southwesterly along said northwesterly right-of-way line of Grand Avenue, a distance of 16.98 feet more or less, to the west line of said southeast quarter; thence north along the west line of said southeast quarter to the intersecuon with a line that bears North 89 degrees 17 minutes 00 seconds West from the point of beginning ( said line being parallel with the south line of said Block 1); thence South 89 degrees 17 minutes 00 seconds East, parallel with the south line of said Block 1, to the point of beginning. � �2 L RECElVED CERTIFICATE OF INTENDED NON-USE �A� 2 2 �g9c�ag �� THE HONORABLE MAYOR AND MEMBERS REAL ESTATE DIVISIOPS OF TAE COUNCIL OF THE In the Matter of CITY OF SAINT PAUL Vacation Fi�e # i-1998 The undersigned hereby certifies, on behalf of the indicated department or company, that it does not intend to exercise its utility rights in the realry described below: that part of Western Avenue lying west of the west line of Lots 24 and 25, Whitacre, Brisbine & Mullen's Subdtvision of Lots 1 and 2 of Leech's Addifion of Outlots to the Town of Saint Paul, according to the recorded plat thereof, Ramsey County, Minnesota, and said west lines produced; lying south of the south line of Ramsey Street (also being the north line of said Lot 24, produced west); lying north of the northwesterly right-of-way line of Grand Avenue (formerly known as Oakland Avenue); and lying east of the west liue of the southeast quarter of Section l, Township 28 North, Range 23 West, said Ramsey County. except as here noted: MINNESOTA ) > SS. RAMSEY ) Water ItS General Manager �!il�lit�t�< l r ��t.(J'G�`�._..� ' Signature 1998 Tite foregoing wstrumen[ was acknowledged before me this 15 th day of JdnudTy �Fjij� bY Bernie R. Bullert � General Manager of the Saint Paul Water Utility a Municipal corporation of the City of undec the laws of [he Sta[e of Miunesota. � r `l. SHIRLEY A. JONES <� _ � �Q pOTAftY PUBUC-MINNESOTA $ RRMSEYCOUNTY � MyCOmm.ExplresJan.31� ayvWVwvwvwvvvvwvwvvwvwwWV+ My commission expira Saint Paul ** Please return this original copy to 140 City Hall, St. Paul, MN 55102 ** 0 � !� J ►z ... �� . .. 'mlms.,,�� — � s . -- "_ ' .' _" — _ � � — � _ _ ___ _—__ . _ �. .._ � � . � ' � , - ' _ : n .,..x-.a _ END EXCEPTION STA. 15+28 $- � d7.5' { � 47.4' � L___- I 60' 60' � �� ) Ot � ;n i � \ ` �_------------� j - .� o � + ,G � `��_�.• 3 — — �-� — - ---_----- =�— — — - I i __ __ ___` ` I�I � \ �� T � �� \ \ � � � PEOESTRtAN CR455�NG SEE OETAN. 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