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99-1075Return copy to: Real Estate Division 140 City Hall Presented By Referted To Council FSIe # 99. - lp�: Green Sheet # I � 09 � 5 Committee: Date WHEREAS, in December of 1997 the owners of the Lowry Square Building petitioned the City to vacate its right-of-way interest and release uulity easements in that part of West Fourth Street lying within the following described line: io ii ia 13 ia is 16 i� is 19 Beginning at the most easterly corner of Lot 12, Block 21, St. Paul Proper; thence southeasterly along the southeasterly extension of the northeasterly line of the said Lot 12 a distance of 10.00 feet; thence southwesterly along a line 10.00 feet southeasterly of and parallel to the southeasterly line of the said Block 21 a distance of 100.00 feet; thence northwesterly along the southeasterly extension of the southwesterly line of Lot 11, said Block 21 a distance of 10.00 feet to the most southerly corner of said lot 11; thence northeasterly along the said southwesterly line of Block 21 a distance of 100.00 feet to the point of beginning; and WHEREAS, the Real Estate Division notified the interested utilities and City departments and solicited their approval of, or objections to, the proposed vacation; and WHEREAS, objections were raised on behalf of Northern States Power, District Energy of Saint Paul, the Department of Public W orks and the W ater Utility; and WHEREAS, the petitioner, having been apprized of the said objections as they were received, has been unable during the ensuing eighteen months to develop a plan satisfactory to the objecting parties; BE IT TAEREFORE RESOLVED, that the petition to vacate right-of-way interests and release utility easements on, over, under and across the above described property is hereby denied. Requested by Department of: B y : �� Approved by By: Technology & Management Services B �Y� � irector Form Appr ved by City Attorney s �- /0 _ S zS Adopuon Certified by Council Secretary , � .M.S./REAL ESTATE DIVISION ate: October 1, 1999 reen Sheet Number: 100915 onfad Peison and Phone N�Ler: 2 EPAR1117F.NC DIILF.CTY7R ,� 4 CITY COUNCII. Peter White � �+�-t�8� 1 Tl'Y ATTORNEY i� � TfY CIER% � UDGEfDIItSC1+DR OFFICEOFFINANCIALSVCS. � ��A��b,: 11 /3/99 3 YOR (ORASSI.STANT) OTAL # OF SIGNATURE PAGES 1(CLIP ALL LOCATIONS FOR SIGNATQRE) CTION REQUESTED: To consider the vacation of a part of 4th Street lying southwesterly of Wabasha Street. Staff recommends the petition be denied. Re£ 1. Resolution to deny petition; �aeabe; 3. Petition to vacate; 4. Declarations on behalf of City and Ramsey County; 5. Map; 6. Objections raised by deparlments and utilities; 7. Certificates of Intended Non-Use. ObA'IENDATIONS: APPROVE (A) OR REIECT (lU ggONAL SERVICE CONTRACTS M[JST ANSWER THE FOLLOWING: . HastLeperson/SrmeverworkedmderaconhsctforthisdepardneM? YE5 NO �.� ��oN R �.� .AastLitpenonlSrmeverLeenaC5lyemployee? YES NO C[VII. 56BVICE COhAIISS[ON . Dces this peison/Srm possess a slull not normaRy possessed 6y any YES NO c�6 coamura6 corrent CSty empMyeey Eaplam aR YES answe�s on a separ•rte sheet and aMach UPPORTS WfIICH COUNCIL &IF,CfIVE? OUNCII. 2 DISTRICT 1^� ARD(a`� PI,ANNING . IATING PROBI.EM, ISSUE, OPPORTUNII'1 (Whq WAaf, When, W4ere, Why?): The owners of the Lowry Square Building would like to ered a glass enclosed e�rtension to accommodate restaurant seating in the area to be vacated. VANfAGES IFAPPROVED: The Lowry Square Building would be more THE COUNCIL HEARING ON profitable. THIS MATTER IS SET FOR ISADVANTAGESIFAPPROVF,D: NOVEMBER � �1999 Existing utilities would have to be moved, and parking spaces on 4th Street would have to be elimivated. LSADVANTAGES IF NOT APPROVED: The bnilding ea�tension could not be wnstructed. OTAL AhI0i7NT OF TRANSACTIOPi: �r� COST/REVEN[IE BVDGETED (CII2CLE ONE) YES NO mre souxce: N/A ACTIVITY NI7MBER: N/A nrrcrai,m�o�.a�nox:�xrLnnv> �'��££�iC� 2�1.�5 The $500.00 represents the administrative fee for the vacation. fl�� Q°� ��g � �� 99-tn�s PETITTON TO VACATE CTfY INTEREST I(we), the unde�signed, coattilvting a majoritp of t6e owners (or their legally detigna[ed cepresenfatva) of tLe abutOng properties, do hereby petition the Council of t6e CiTy of Saint Paul to vanie its interests iv tLe proper[y(ies) Iegally desmbed as follows: Lots 11 and 12; the rear or Southerly 25 feet of Lots 1 and 2; all in Block 21, City of St. Paul, commonly refened to as "St. Paul Proper." The sidewalk along 4th Street. I(we) request this vacation for the following reason(s). To be used as a sidewalk cafe, which is essential to the planned restaurant business. A permanent glass structure will be added to shelter tables and chairs. I(we) have attached six copies of the site plans of any development intended for consW ction on the Iands to be vacated. Contact Person Person(s) responsible for payment of vacation� fee and for acceptance of the terms and conditions of the vacation: Name: Nancv Miller Phone: 893-7537 naares:: United Properties 3500 West 80th Street Bloomington, MN 55431 Alternue Contac[ Person Name: Rrian Rnr� Phone: 305-2142 naar�s: ' United Properties 801 Nicollet Mall. #420 Minneapolis, MN 55402 Narne: NancyMiller Pho�e: 893-7537 naaress. United Properties 3500 West 80th Street Bloomington, MN 55431 \ Name: Rrian Bnru Pbone: 305-2142 naaress: United Pronerties 801 Nicollet Mall, #420 Minneapolis, MN 55402 Signatures of Owner(s)/Representative(s) of Property(ies) Below: ��' �� City of St. Paul ave e son L4RCit3� �Lzl� - . - u,�• �- • .- - 1 ��• .•• . '�� ..1 1 1 United Properties c o ancy i er �Snn WP�t gnth crreet, #200 1, h.V \ , azn the petitioner, or one of the petilioners in the above matter, and I do hueby swear and verify thaz each of [he signa[ures o this petition waz signed in my presence by the person described in the petiuon. (Petiv � S bscribed and swom to before me this �� day of �� , 199 � G�/ a w"'""'""' _' _ _ _ . . AR�YCE E HANSON � hOTAfiY PUBUGMINNESOTA HENNEPIN CAUNTY Ny Commiasbn Expires Jan. 31, 2000 v � (<altxf-10>vg) i � ��Y/\I � lL y- m J OQ p � O Y �` V ¢ — __ _ __ 2 z .� � Q ? ti F Ltl� WdOZ=ZI� se �p � � O A A` L6lt2l� _� s i �.�.oi <W F�� W "'' z „ _ �%°� " o - I _ —_ ;. ,. " '____ ___ y, -___w �._ -' - \. ' �' _ i i �i � � ' i ��,..:�, \`�: � i � „�w� �� ti i I i � ' : ; \\.�: i o � ;.\��\: '\�', w o � � � — _ _? V i_ ________ ____ '__ —�_ — � — LLt — �_ — —__ _ � I I O � � �a I � �I �� I � � -- ��--------� ,: � �� ; �'� �� --- ----- i , , � , --- —�-� - ,�, .. �� - —� � � , i -_ , - � ---- � _ � � _ � ¢ � �� < t ,�.; t� � �\� � - � _ `-__.�.. __ �� '___'___' � -a 's , x . >�'�� , � ��*� �5%.ti:�:�r. "' € i ,�; ¢ � �{. •'t '�? ?��'� r. +�;:� �3 : i .. . . . �`,�� $�� __. ' �� .� ��. � 1 W i 2 i // Q S � �'�i i� , _��__�L_� �v s� 4 p�� - --- r- p ! — �� } ' Y w. � `J � �� U.C9 �� 5 /� I I � , ��o �\ 0.� 6S L8-bLB iZ 49) � 6SS8bL8ZS9 �ii � iQ9- Io�S�� i _ � ,� �,�;".,,� �3 � .� I • '� �'� Jv ; `c %�� ,�� v q �� , � C � ��'` �¢ n i � c v. i i � c ' i�� ` �� `J � i ,,, � ( G Z ' � � � ) 5 �u c � � i e� � � ` i� I W J � • �� vt. J n , � �,7 �n' � � `. J �-� � J< � � � W � �.._' - � ' �� _ , ¢ � � � � � � I � W 2 i � 1 � i /-� � V < -L N' / �`a __ _ _ � _ F � R �� sal�!�ossy �a�sia� ayl a ag-��5 DECI,ARATION REGARDING PETITION TO VACATE PUBLIC PROPERTIE S I affum that in my capacity as Real Estate Manager for the Ciry of Saint Paul, I have been consulted regarding the proposed vacation of public properties described as: that part of West Fourth Street lying within the following described line: Beginning at the most easterly corner of Lot 12, Block 21, St. Paul Proper; thence southeasterly along the southeasterly extension of the northeasterly line of the said Lot 12 a distance of 10.00 feet; thence southwesterly along a line 10.00 feet southeasterly of and parallel to the southeasterly line of the said Block 21 a distance of 100.00 feet; thence northwesterly along the southeasterly extension of the southwesterly line of Lot 11, said Block 21 a distance of 10.00 feet to the most southerly comer of said lot 11; thence northeasterly along the said southwesterly line of Block 21 a distance of 100.00 feet to the point of beginning. as documented in Vacation File #29-1997. My signature below indicates neither support for, nor opposition to, the proposed vacation by the City of Saint Paul, but is furnished for the purpose of allowing the petition to receive a public hearing before the Saint Paul City Council, as provided in Chapter 130 of the Legislative Code. . \ � �. � ►►� � Dave Nelson Real Estate Manager City of Saint Paul IL i Date a9 -io�s DECLARr1TION REGARDING PETITION TO VACATE PUBLIC PROPERTIES I affirm that, in my capacity as Property Manager for Ramsey County, I have been consulted regarding the proposed vacation of public properties described as: that part of West Fourth Street lying within the following described line: Beginning at the most easterly corner of Lot 12, Block 21, St. Paul Proper;thence southeasterly along the southeasterly extension ofthe northeasterly line of the said Lot 12 a distance of 10.00 feet; thence southwesterly along a line 10.00 feet southeasterly of and pazallel to the southeasterly line of the said Block 21 a distance of 100.00 feet; thence northwesterly along the southeasterly extension of the southwesterly line of Lot 1l, said Block 21 a distance of 10.00 feet to the most southerly corner of said lot 11; thence northeasterly along the said southwesterly line of Block 21 a distance of 100.00 feet to the point of beginning. as documented in Vacation File #29-1997. My signature below indicates neither support for, nor opposition to, the proposed vacation by Ramsey County, but is furnished far the purpose of allowing the petition to receive a public hearing before the Saint Paul City Council, as provided in Chapter 130 of the Legislative Code. l// , �� G'l �'GZ (�-�c— Ju io Mangine Ramsey County Property Manager �y��'�% Date iGiy7ii7�� LJ:4� [� Di rNUL ruLlVC uGri r�u¢ w : • � 6 , - J 4.• `o- , -S � • � '�,c�Lj - � ° 3 / �t, �•`. � �> -.,�' - h . oE k' �• p :\ iyF � � �� 1; O `p �l � oo `�9� � 09� ' � /�q�t0 I J` o \ c 9 � f 4.�' ( f^' s 1 , C pB o yt tii �•� � !�� ,4C . 5yj °° �� \,•: � . � , l� . i �. , � • S 6 : . _ • � �`�� . � ' .. � . � /`� � . ) o, � I�` �:;:,=�� :" `�`� � . . � - Z� `" c '� `��4 G' " ,�;.. ```'e 6 i � — . . _ ''-,;; . -<= o -. � . /��, _ ' ,.. oe: _,, : ..,.:..;.� � : y _ `i j ' � ' . _a �� ,, � . �p Y 9': '" t . � 3.. �� ' �(!', � o : . L � . , ` .', -..' • -:. -�,; . y . j . 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I ° �9 ?H4!J Ik9� Z ':� ?�h'°�} Qp. �� . o 'P� J ,9 � -' r � � ��.. �� T�`t1 �i6� / O yJ.�` � G'�7� �L 1: � �/ s �o \ . 5 � � 24.Z \ ';r'� .� ,�F A1YTS �. �p ` � X Q • lf; �(' C�'!�MIa�� . t S , ('q 41�� \ /1 �\ ♦ `7 � ' 6 ` � A�� / \ , 0 ' �� l}7� [J \\ 1 �� : (L�? < � � 6 � • ' , .\ . •• � '\ �. . �.3 : oz ''L' �. �cou a. � 0 � r � ..�. _ - - -' .-, .� , Nou s , . •- ' ' �� L. � � yo 8 g � ' � � � -� 8 9 1 I �e) � 7 � I o 4 5 � ' �� } . _____'L�- t ' (J� : a s � _ � . �� i . ' °�- '" ? - --� G r � � ' � `� .' _ � ydIDENEO t'�i _ u- �' r c ,, X,_=.�°� � ; �� .� _ _ y - �, G : � �•� �. .� , F I 4 ` �_ � . � O . . ' � • \ � �. 1 G t � � � ., i 9�ci._ O� . � - . � L� `-'^ , � �� p � �• • r�D � � �i9• �'n e g C" � , I ' .. .' ' Y�S a � �. ' • oag zB) x� �i� e ` � a F A� �Z..T ST�u� _ � '' � f � ��Zy;� �x,s_ .13 u_ •, zo 3 i � 4 � -s .00e ' `< , � <�. U S_ 5 D D.� � ' S� � F 0 • � � . � 1 , o� � 7 �0 ', � •is.nt �' ' , '1 ° 3 I � " "'" � . �1 � - • , �.��: aa _ b�s CITY OF SAINT PAUL INTERDEPARTMENTAL MEMORANDUM TO: Earl Carlson TMS/Real Estate Section Room 140 City Hall FROM: Linda Dickhutflo� PW/ Right-of-Way Division 800 City Hall Annex DATE: January 8, 1998 RE: TMS File No. 29-1997 Vacation of a 10' X 100" area abutting Lots 11 & 12, Block 21, City of St. Paul The Department of Public Works has completed a review of the above referenced vacation proposal and recommend this not be approved as a vacation. We do not feel it is in the Ciry's best interest to vacate this area and recommend that if this is to be approved it should be done with permits. We recommend this be reviewed as an encroachment permit under Chapter 134 and a sidewalk cafe under Chapter 106. Copies of both chapters are attached. Their request would require: 1) To have minimal traffic impact, only the 8 foot parking lane should be removed for this area. Two "No Parking" signs will be required at the expense of the property owner, estimated at about $100 each. 2) There are many utilities in the walk area - traffic signal and conduit, NSP vaults, possibly US West. A water hydrant drops down to a tunnel. A catch basin near Wabasha wou{d need to be relocated. The street drains towards Wabasha. A catch basin may be required at the west end of the bump out. At a minimum, street reconstruction and regrading would be needed at that point. This reconstruction would all be at the expense of the property owner and done to Ciry standards and specifications under a sidewalk permit. qq-1o7S 3) Trees located on the new public sidewalk in this area will have to be Iocated in a manner so that a 6' clear walk area is maintained. The normal tree opening is 6' X 6', so a 12' wide area would be required. 4) This proposal should be reviewed by the St. Paul Design Center, Wabasha West Team. Tom Eggum is the chairperson. LD Attachments c: Tom Eggum, Pete Gallagher, Bill Hagland, Mike Klassen, Tom Kuhfeld, Bob Lissick, Harvey Skow, Paul St. Martin, Ken Taillon Chapter 134. Pro)ections and Encroachments Sec. 134.01. Purpose. (The purpose of this chapter is:] (1) To allow use of the public right-of-way by adjacent property owners for purposes that cannot be reasonably satisfied on private property and where it is determined by the director of the department of public works that the area oFprojection or encroachment cannot be vacated under Chapter 130 ofthe Legislative Code. (2) To protect the health, sa£ety and welfaze of the public. (3) To protect nearby property owners from hazdship or damage. (4) To protect other public interests as deter- mined by the director. (C.F. No. 94•242, § 1, 3-23-94) Sec. 134.02. Permissioa required. No person shall construct and maintain any pro- jection or encroachment within the public right• of-way ercept with the written permission of the director of the department of public works. (C.F. No. 94-242, § 1, 3•23-94) Sec. 134.03. Projection and eacroachment defined. Pro}ection and encroachment is defined as any above or below grade protrusion beyond the prop- erty line which e:ctends into, upon, over, under or otherwise occupies any public street, alley, side- walk. boulevazd or right-of•way. Projection and encroachment shall include, but not be limited to, the following: steam lines, conduits, lighting stan- dards, azeaways, tunnels, trapdoors, retaining walls, pazking bays and nonstandazd walks, but shall exclude awnings, business signs and building projections regulated in sections 33.08 and 66.202. (C.F. No. 94•242, § 1, 3-23-94) Sec. 134.04. Public works director to issne permit. The director is authorized to grant permission to owners of abutting property to construct and maintain a projection or encroachment subject to the following conditions, restrictions and payment of fees set forth in this chapter. �4�ee�b'�ied�.eprei� �� (C.F. No. 94•242, § 1, 3-2&94) y �N Sec. 134.05. Permit application aad fees. Q,9. - �`�� Application for permits shall be submitted on forms approved by the director and shall include the fallowing. (a) The location, nature, size and purpose of the proposed 'unprovement. (b) Plans and specifications as required by the director. (c) The appropriate fees as established by council resolution. (d) The application shall be signed by the owner of the abutting property. (C.F. No. 94-242, § 1, 3-23-94) Sec. 134.06. Regulations and general condi• tions. The director is authorized to enact reasonable rules and regulations, which shall as a minimum include the following: (a) All work shall be per€ormed by licensed con- tractors and in accordance with plans azid specit"ications approved by the director. (b) Payment of permit fees, as determined by council resolution, and payment of all ad� ditional costs of inspection incurred by the department. (c) During construction, the work area shall be guazded by day with suitable barriers and by night with flashing yellow lights to prevent injury or damage to persons or prop- erty. (d) The permittee shall assume full responsi- bility for all damages to persons or prop- erty arising out of the construction, repair or maintenance of the projection or en- croachment. (e) All work shall be performed in accordance with all applicable laws or regulations, in- cluding obtaining required building per- mits. (� Materials, methods of construction and lo- cation shall be subject to the approval of the director. (C.F. No. 94-242, § 1, 3-23-94) Sec. 134.07. Indemnity and hold harmless. The city, its officers, agents and employees shall be held hazmless, indemnified and defended by the owners, its successors or assigns from any and all cIaims, actions or suits of any chazacter brought as a result of injuries or damages received or sus- tained by any person, persons or propezty on ao- count of the canstruction or maintenance of the projection or encroachment. (C.F. No. 94-242, § 1, 3-23-94) Sec. 134.08. Pree�dsting projections or en- croachments withont valid per- mits. All projections or encroachment; easting as of the adoption date of this ordinance [blazch 23, 1994,1 which exist without a valid permit from the city shall either be removed and the right- of-way restored at the sole expense of the owner of the adjacent property, or the o�cner shall make application for a permit in the same manner as if the projection or encroachment were to be newly installed. (C.F. No. 94-242, § 1, 3-23•94) Sec. 134.09. Maintenance of the projection or eacroachmeat. The propetty owner shall maintain the projec- tion or encroachment in a safe condition and shall, at no cost to the city, repair any damage which may occur during the normal course of city main- tenance and/or construction of public facilities within or adjacent to the right•of-way. (C.F. No. 94•242, § 1, 3-23-94) Sec. 134.10. Permit revocation. Any permit may be revoked by tbe director, upon reasonable written notice, for failure to prop- erly maintain the projection or encroachment in a safe and aesthetic condition, comply with any ap- plicable law or with the conditions oE the permit, or w•here it has 6een determined by the director tiiat the projection or encroachment may consti- tute a hazazd to the safety or welfaze of the public. The notice shall specify the reason(s) for recom- mending revocation, and in the case of defects or deEiciencies, provide a reasonable time to correct them. If the defects or deficiencies are not cor- rected within a reasonable time, tfie director shall request that the city crouncil rewke the permit. At the conc2usion of the hearing, the city counci.l shall determine wfiether the permit sliall be re- voked and the projecf.ion or encroachment should be removed and the public right-of-way restored at the eacpense of the adjacent owner. (C.F. No. 94•242, § 1, 3-23-94) Sec. I34.11. Permit ezpiration. Any permit issued hereunder shall be in effect for no longer than the life of the building or struc- ture served by the same. Permits shall expire upon completion of demolition of the abutting building, structure or premises. The permittee or its suc- cessor in interest shall, concurrently with the dem- olition of the abutting premises, demolish, fill and seai to the satisfaction of the department oi public woris any opening serving such premi;es upon securing a permit therefor from the department oF public works. Ail nublic right•of-way or property upon or under which such opening is located shaIi be restored to a condition acceptable to and as required by the department of public worics. (C.F. No. 94-242, § 1, 3•23-94) Sec. 134.12. Public improvements; removal or relocation. In the event it shall become necessary during the term of the permit to remove or relocate the physical property of the percnittee located within or upon any of the streets or public rights•of•way because of interference or use by the city or as a result of any public improvement undercaken by or on behalf oF the city, the permittee shalI, when so advi;ed by the department, remove and relo• cate its facilities without cost to the city and shall place the street or right•of-way in the same con- dition as e.cisted prior to construction of the pro- jection or encroachment. (C.F. No. 94•242, § 1, 3-23-94) Sec. 134.13. Permit not relinquishment of city's rights. Any permission granted for a projection or en- cmachment shall not constitute a vacation or aban- donment of the rights of the city to the street or right-af-way. (C.F. No. 94242, § 1, 3-23-94) Sec. 134.14. Violation; penalty. Violation of any of the provisions of this chapter shali be deemed a misdemeanor punishable in ac- cordance with the provisions of secEian 1.05 of tfiis Code. (C.F. No. 94-242, § 1, 3-23-94) `f`t ` l"'l ' STREETS, SIDEWALKS, BRIDGES, OTHER PUBLIC WAYS § 106.01 -' . �\\ SUBTITLE A GENERAI. REGULATIONS Chapter 106. Restrictions on Use of Sidewalks, Streets, etc. � .�- �,:�: ` i �� Chapter 10a. Care and Maintenance of Boutevazds Sec. 105.01. Dumping, obstructions. It shall be unlawful for any person to throw or deposit, or cause to be thrown or deposited, any gazbage or other waste material upon any part of any boulevazd or street lawn within the corporate limits of the City of Saint Paul; further, it shall be unlawful for any person to erect or maintain any booth or structure of any kind whatever upon any of said boulevards or street lawns, or any other obstruction thereon. (Code 1956, § 206.01) Sec. 10a.02. Vehicles, etc. It shall be unlawful for any person, firm or cor- poration to cause or permit any vehicle to be run or driven upon any sodded boulevard within the City of Saint Paul, except for state fair pazking (as defined in section 60219) and which occurs within the special overlay zoning district known as "State Fair Parking District° as established in section 60.711, or otherwise to injure or deface such boulevard. The exception for state fair park- ing shall not apply to any Minnesota state trunk highway. (Code 1956, § 206.02; Ord. No. 17753, § 2, 7-17-90) Sec. 105.03. Shrubbery removal. It shall be unlawful for any person to deface, destroy, cut down or remove any of the trees or bushes growing or being maintained in or upon any boulevard or street lawn within the corporate Iimits of the City of Saint Paul without having first obtained the permission and authority from the department of community services so to do; provided, however, that this section shall not ap- ply to any act done or work performed under the direction and authority of the director of public works. (Code 1956, § 206.03) Supp. No. 27 '�'. Sec. 106.01. Obstruetion. (a) Encumbrancesorobstructionsprohzbited.No person shall encumber or obstruct any sidewalk, lane, alley, public ground, public landing, wharf or pier, or other public place by placing thereon or therein any building materials, carriages, carts, wagons, sleighs, boxes, lumbez, firewood, posts, awning or any other materials or substance what- ever. (b) Siderualk cafe exemption. Any food estab- lishment which operates a restaurant and is li- censed under Chapter 331 of the I.egislative Code may, with notice to the license inspector, expand the operation of that restaurant onto a part, and only that part, of the public sidewalk which im- mediately adjoins the Iicensed premises (hereaf- ter reFerred to as "sidewalk cafe"). The following restrictions shall apply; provided, however, that the license inspector may without adverse heaz- ing procedures impose additional reasonable re- strictions or withdraw approval upon the opera- tion of any sidewalk cafe where necessary in the judgement of the license inspector to protect the public health, safety or welfaze or to prevent a nuisance from developing or continuing: (1) No sidewalk cafe shall be permitted in any portion of the public sidewalk where nor- mal pedestrian traffic flow is obstructed. A minimum cleazance width of thirty-six (36) inches must be maintained on the pubiic sidewalk at all times. (2) No tables, chairs or any other fumishings, except plant tubs, shall be placed in the azea used for the sidewaIk cafe during any period when the sidewalk cafe is not open and being operated. While such cafe is in operation, all tables and chairs shall be kept in a clean, sanitary condition. (3) The use of a porEion of the public sidewalk as a sidewalk cafe shall not be an egclusive use. All public improvements, including but not limited to, trees, Iight poles, traffic sig- nals, pull boxes or manholes, or any public- § 106.01 LEGISLATIVE CODE initiated maintenance pmcedares, shall with a street, escept eighty (80) feet ia take precedence wer said use of the pubfic bus loading azeas, unless the director sidevcalk at all times. of public works shall approve; (4) No alcoholic beverages shall be allowed in the sidewalk cafe at any time. Such activity is governed by subsection 409.06(eX2) ofthis Legislative Code. Notwithstanding the fore- going, the sale and service of alcoholic bev- erages by a food establishment in the down- town business district, which is Iicensed as a restaurant under Chagter 331 of the Leg- islative Code and whicfi is in compliance with the pmvisions of this section, is per- mitted. The dovrntown business district is defined in subseetion (8) belaw. The Iicense- holder shall, in addition to all other require- ments of Iaw, take reasonable steps to in- sure that aicoholic beverages are consumed only by patrons of the estabiishment wfio are of age, and not by oassersby or persons who are not of age or who aze obviously intoxicated. Reasoaable steps may include the use of barriers or fences, supervision of the outside azea by security or staff person- ael, and/or surveillance by electronic moa- itors. Failure to take such reasonable steps and use them at all times that alcoholic beverages aze consumed in the sidewalk cafe is grounds for the imposition by the city council of a condition on the Iicense to pmhibit sale of alcofiofic beverages in the sidewalk cafe, and such condition shall not be deemed to be an adverse action against the license, and does not require the notice and hearing procedures of section 310.05 of the Legislative Code. Such sidewalk cafes aze deemed part of the Iicensed premises for all requirements of the law. (5) As part of a sidewalk cafe, no plant tub shall be located or maintained: a. Without the approval of the director of public works; b. In any alley, c. At any location where the distance from the face of the curb to the inside side- walk is less than eight (8) feet; d. At any location less than fifty (50) feet from the nearest point of intersection e. Any closer than ten (10) inches from the face of the curb; and f. At any location which, in the opinion of the director of public works, interferes with pedestrian traffic. (6) It shall be the duty of the licensed food es- tablishment to maintain each plant tub at all times in a safe condition at its proper Iocation and to inspect each such tub peri- odically in order that it may be properly maintained. 'I�ees or plants and their tubs shail at all times be kept in a neat, clean and presentable condition No advertising matter or sign or writing of any Iund shaIi be displayed upon any tree or plant or its tub. (7) No sidewaik cafe exemption shall be e$'ec- tive unless the licensee has filed with the license and permit division evidence of in- surance insuring the licensee against lia- bility imposed by law arising out of the own- ership, maintenance or operation of sucti sidewaik cafe in an amount to be estab- lished by the city's risk manager. The city shall be named an additional insured in the poIicy, providing such insurance and such policy shall further pmvide that it may not be canceled eacept upon ten (10) or more day's written notice filed with the license and permit division. (8) For purposes of subsection (4) above, the downtown business district is that portion of the City of Saint Paul lying within and bounded by the following streets: Begin- ning at the intersection of Shepazd Road with Chestnut Street, Chestnut Street to Pleasant Avenue, Pleasant Avenue to KeIlogg Street, Kellogg Street to Snmmit Avenue, Summit Avenue to Tenth Sfseet, Teath Street to Interstate Freeway 94, In- terstate Freeway 94 to Lafayette Bridge, Lafayette Bridge to wfiere the bridge cross- es over Warner Road, Warner Road to Shep- axd Road, Shepard Road to Chestnut Streek (Code 1956, § 2Q9.01; C,F. No. 92-1161, § 1, 8-27- 92; C.F. No. 94-1033, § 1, 9-1494) _.. "! ;� : $upp. No_27__ ___ 984 �07/98 FYED 11:44 FA% 612 221 035� Anc�:� Reply to Vacation Inquiry File #29-1997 Vacation of: D URItE:cDISTRICT ENERGY �001 �l7�R�j ��'�"J4�n'+ pofPapcs � 'ro: Earl Carlson City of S[. Paul Real Estace Div9sion rno� � 26s-ssw FazA 266-8855 'From: Davld UikO Aistrict Energy St Paul in� 76 West Kellogg Boulevazd Saint Paul MN 55102 ��R-�ay� c� a a-3-i that part of West 4th Sc[eet lying southwesterly of the southwesterly right-of-way line of Wabasha Street, northwes[erly of a line 10.00 feet southeasterly of and parailel to the southheasterly right-of-way line of the said West 4th Street, and nonheasterly of a line 100.00 feet southwesterly of and pazallel to the said southwesterly right-of-way line of Wabasha Street. We have no objeccions to [his vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .� We must retain our easements within the right-of-way. We will approve this vacation, vaca[ion subject to the following conditions : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .� For the following reasons, we cannot approve this vacation : . . . . . . . . . . . . . . . . . . . .� REPLY TO STREET VACATION IN UIRY FILE NO. 29 We must retain our easements and rights within the right-of way_ We witl approve this vacation� subject to the following conditions: Please provide the following items in writing as conditions of the street vacation, TMS Aept. FileNo. 29-1997: 1) District Energy St. Paul, Inc. has direct buried facilities within the area defined for street vacation. (See the attached map for general location.) There is an existing pre-cast structure, approximateiy 2' X 3' X 3', with a grate castittg in the north sidewalk area of 4th Street, 6Af feet from the southeast comer building of the Lowry Hotel and 4f feet from the face of the exisung curb. This structure will need to be relocated into the new sidewalk azea as per District Energy's specifications. Cost reimbursement may be requested for this relocation. t\wo�du�Wlu�v�29.doe 1l/fl8 i��%c�'� � I �r�%Ll''�-� Signed r�'oJ��13`�-Q�(¢l �r� � � P�,T�•�-- �fq iH �� 9 Date O1/07/98 VfED 11:45 FA% 612 221 0353 � • � � Q I N �1S 'dHSdBbM �� lds S ------ 9 .,Z D URI{B:cDISTRICT ENERGY � 1� � I II s' '1' M — - i�l v �C W � Q V O � � �� ro� �. w �O Q �. ' �� ' d a � � Q Q s � � pa � � � �[Qa W 0 � > > O I�h �� n � vl�, x � �` O 0 i �i] O `� U 61 \ h �ooa ctc� _ L O� S J h s�b O 'L F22 'v o u W� z Ngi 3w * „ a4 �N � az � � � O O � a h z � H W' � .o &i _ i F � 3 �' y _ � � 0 L/-,� 133HS SNIOI` � � � -� � 0 _ F- � � O � otS J J a _ >- � v 9S 6'1S ❑ 3Nil N�1bW " \ � 9 � DEC-22-97 MON 14:37 RICE To: Repty to Vacation lnquiry File #29-1997 Phoce p Fax q Vacation of_ FAX N0, 6122292309 P, 01 0 of Pages 1 Eatl Cartson 'Prom: Bemie Gille `�°�"�� City of St. Paul NSP - Electric Division Real Estate Division 825 Rice Street Saint Paul MN SSS17 Fax 71 that part of West 4th Sueet lying southwesterly of the southwesterly right-of-way line of Wabasha Street, northwesterly of a line 20.00 feet southeasteriy of and parailel to the southeasterly right-of-way line of the said West 4th Street, and northeasterly of a]ine lOQ.00 feet southwesterly of and parallel to the said southwesterly right-of-way line of Wabasha Sireet. We have no objections to this vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .[_,] We must retain our easements within the right-of-way. We witl approve this vacation, vacation subject to the following conditions : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .[� For the following reasons, we cannot approve this vacation : . . . . . . . . . . . . . . . . . . . .� NSP can not approve the vacation inquiry file # 29-1997 do to the transformer vault known as Lowry 4th. This subsurface vault is 8(l' west of the west property line of Wabasha St. on the north side of 4thSt. W. This places the vault in the foot print of proposed Sidewalk Cafe. The qlass roof would prohibit NSP fram maintaining the transformer in the vduit if it needs to be replaced in the event of a failure and or replacement to a larger size. These transformers weigh approxamitly 16,Q0 pounds and must be lifted thru the 8'X5' openings in the sidewatk with a large crane. Therefore NSP must deny this vacation request. � 1�iq Date � B Jan 1998 12:18PH CapitolRi�er Council FAX: 2218581 Reply fo Vacation Inquiry Fite #29-1997 ro: Phonc N Faz E' Earl Cazlson 'From: N y of St. Paut Capital cate Divisioa Council 266-88SS I Fax t1 Vacation of: PAGE 1 OF N of Pages 1 Nelson .r Disvric[ . that part of West 4rh Street ]ying southwesterly of the southwesterIy right-of-way Iine of Wabasha Street, nonhwesterly of a line 10.00 feet sourheasterly of and parallel to the soucheasterly right-of-way line of the said West 4th Street, and northeasterly of a line 100.00 feet sonthwesterly of and parallel co the said southwesterly right-of-way line of Wabasha Street. We have no objections to this vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .❑ We must retain our easements within the right-of-way. We wzll approve this vacation, vacation subject to the following conditions : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .❑ For the following reasons, we cannot approve this vacation : . . . . . . . . . . . . . . . . . . . .� 7he CapitolRiver Council's Development Committee opposes the vacation inquiry file #29-1997 do to an NSP transformer vault in the location of the proposed glassed structure. A{so, the permanent structure wouid cause an extension of the sidewalk and curb thereby narrowing 4th Street and possibly eliminate on street parking. � _ lo`�S . i �,�� n�rP y�! �pl� 1�'� ;:�o.;, ., c ,�,� , a � , co n -� CERTIFICATE OF INTENDED NON-USE R��rArED�Yts1oN THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF SAINT PAUL In the Matter of Vacation File # 29-1997 The undersigned hereby certifies, on behalf of the indicated department or company, that it does not intend to exercise iu utility rights in the realty described below: that part of West 4th Street lying southwesterly of the southwesterly right-of-way line of Wabasha Street, northwesterly of a line 10.00 feet southeasterly of and parallel to the southeasterly right-of-way line of the said West 4th Street, and northeasterly of a line 100.00 feet southwesteriy of and parallei to the said southwesterly right-of-way line of Wabasha Street. except as here noted: The Water Utility has a fire hydrant and a manhole in that part of West Fourth Street being proposed for vacation. The Water Utility does intend to exercise its Utility rights in the realty described above. Water Utility ItS General Managar p�% / .CN`� Sig riue MINNESOTA RAMSEY > SS. ) The foregoing instrumen[ was acknowledged before me this Z 3 r d day of JanuaT'y 8 199T by Bernie R. Bullert .�he General Manager of the Saint Paul Water Utility ,a Municipal Corporation of the Citv of St. Paul under the laws of the Srate of Minnesota. � iM�nnnMnn n SHIRLEY p. JONES � �.� NOTARY PUBUC-MINNESOiA � RAMSEYCOUNTY MyComm.EapiresJan.3F�2-099 � ■VWVWVVVVVVVVww�- ��.,. � �.�`i_ _ _'�l �1.. � Notary Pu Ran�y y County, l esy . My commission expires ( / / L .��, �- � � � � ** Please return this original copy to 140 City Ha!!, St. Paul, MN 55102 *'` CERTIFICATE OF INTENDED NON-USE THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF SAINT PAUL aq _ �oZ.f In the Matter of Vacation File # 29-1997 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 West 4th Street lying southwesterly of the southwesterly right-of-way line of Wabasha Street, northwesterly of a line 10.00 feet southeasterly of and parallel to the southeasteriy right-of-way line of the said West 4th Street, and northeasterly of a line 100.00 feet southwesterly of and parallel to the said southwesterly right-of-way line of Wabasha Street. except as here noted: District Energy St. Paul, Inc. is willing to release our utility rights within the azea defined above, provided that cost reimbursement is agreed to for utility relocation deSned below: There is an existing pre-cast stnicture, appro�rimately 2' X 3' X 3', with a grate casting in the north sidewalk area of 4th District Energy and Cooling St. Paul, Inc. Street, 64f feet from the southeast comer building of the Lowry Hotel and 4f feet from the face of the existing curb. This structure will need to be relocated into the new sidewalk area as per District Energy's specifications. t\warduvr�dlu�vt-vac29.doc 2/11/98 its r��, � /��'�� » Signature MINNESOTA ) > SS. RAMSEY ) The foregoing instrument was acknowledged before me this I 3� day of �� YL�4 r , 199,7, bY � N�.�.�`5 �� ` � Lt ��-'�cAl" the I" P 2 S i Of��}-jCT ��4GS�h.V��c, ,a d/'Ty�,({, v�m-Pro cornor�'i I under the laws of the Srare of Minnesota. .nnnnnnnnnnnnnnnnnnnnn�nnnnnnnnnnnn• < TRUDYL,SHERWOOD 5;S$�,� NOTFRY PUBLIC-�k'�Yt�ESOTA 5 WASHINGTON COUNTY 2 My Comm. Expires Jan.33� �Q�o ■ vvvw W WVVVVVwvvvvwwwvWwvw • �..�,...Q.,, _�. �� Notary Public, Ramsey Cou . Minnesora. My coavnission ezpires � 0.�r� Ca.e.�. � t � O O C7 ** Please return this original copy to 140 City Hall, St. Paul, MN 55102 ** CERTIFICATE OF INTENDED NON-USE TAE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF SAINT PAUL �� _ ian.s� In the Matter of Vacation File # 29-1997 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 West 4th Street lying southwesterly of the southwesterly right-of-way line of Wabasha Street, northwesterly of a line 10.00 feet southeasterly of and parallel to the southeasterly right-of-way line of the said West 4th Street, and northeasterly of a line 100.00 feet southwesterly of and parallel to the said southwesterly right-of-way line of Wabasha Street. except as here noted: REC�I>>r��' a�%� `:. � i �i��i �i �EAL ES7ASE DiVi�;.r, . .• .. ARAPAHOE > ss. US West Communications Its � ��G(� � I.�CL . C/�-� Sig a e The foregoing instrument was acknowledged before me this ��_ day of l �( A7Jl.t� ,��, I`� �—e bY � L 37� �� 2 U�1 l L C.C� ,the ma tn aC f F2 of �}�� YY�SMUY\,S'�.l1I �7�� S�fZ�O(L'��LO under rLe laws of the Stare of Colorado. JONN L. MORTENSEN �� NOTARY PUBLIC Public, Ara ah oe coum , co�o�eo. STATE Of COLORADO � G/� l My commission expires MY Commisslon kkai�e ��@I ** 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 THE CITY OF SAINT PAUL etq _ t°n'� In the Matter of Vacation File # 29-1997 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 West 4th Street lying southwesterly of the southwesterly right-of-way line of Wabasha Street, northwesterly oF a line 10.00 feet southeasterly of and parallel to the southeasterly right-of-way line of the said West 4th Street, and northeasterly of a line 100.00 feet southwesterly of and parallel to the said southwesterly right-of-way line of Wabasha Street. except as here noted: RECEIVED �EB fl 5 199� REAL ESTATE DIVISION N.S.P. - Gas Distribution Its �QS �Yi rve r �o'lr�' Signature MINNFSOTA RAMSEY > SS. ) T7�e�foregoing instrument was acknowledged before me this 1"'/ day of - c , 199� / by ,the of , a .�E_)Qo �/�iGtX,.I� under the laws of tLe State of Minnesota. Notary Yublic, Ramsey County, M:nneSOta. My commission expires �` �� — fJ Q-- RaMS�v ccusvrv � � �,��MyCOmrt� ExpiresJan.37 2( "* Please return this original copy to 140 City Hall, St. CERTIFICATE OF INTENDED NON-USE THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF SAINT PAUL RECEIVED FEB 0 2 �998 REAL ESTAiE DIYiS10 � In the Matter of Vacation File # 29-1997 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 West 4th Street lying southwesterly of the southwesterly right-of-way line of Wabasha Street, northwesterly of a line 10.00 feet southeasterly of and parallel to the southeasterly r'ght-oi way line of the said West 4th Street, and northeasterly of a line 100.00 feet southwesterly of and parallel to the said southwesterly right-of-way line of Wabasha Street. except as here noted: Continental Cablevision MINNESOTA RAMSEY > SS. ) The foregom� inspvment was acknowledged before me tLis �" day of , 1999,�' by J� ,the l�C.�-.�q� L,OG� � of �-(;T , a CC'�� ti under the laws of [he Stare of Minnesota. - . _,_�a��,� ��_-„ - >,, <�`� U[Di(,4 ': :�� ('I. -==-a?� -� NOTARY PUB�JC - M W NESOTA '; ,�; MY COMN�I55!ON iX91RE5 r � '�'�� JANI�FlRY 3i, 20±�9 � - _: �v�-cs s�» �� 1.1U�� Notary Pubhc, Ramsey Counry, Mr es n. My commission ecpires �� Q/L^ � 1. �- Q Q" ** Please return this original copy to 140 City Hall, St. Paul, MN 55102 ** aa -'�`� � NOTICE OF PUBLIC HEARING Notice is hereby given that the petition of United Properties for the vacation of a portion of West Fourth Street lying westerly of Wabasha Street, as shown on the plat on file in the Office of the City Clerk, will be heard and considered by the Saint Paul City Council at a meeting to be held in the Council Chambers on the 3rd floor of City Hall and Court House on November 3, 1999 at 5:30 P.M. Dated October 6, 1999 Shari Moore Deputy City Clerk (October 9, 1999) Interdepartmental Memorandum CTTY OF SAINT PAUL cl0 _i�2� �t�;��": �as�� i en•u' ��T � � �9�� To: All Council Members From: Peter White I"� � Right of Way Engineer � 140 City Ha11 Date: October 5, 1999 Subject: TMS Department Vacation File No. 29-1947 I recommend a public hearing before the City Council be held on November 3, 1999 . The purpose of this hearing is to consider the vacation of a portion of West Fourth Street lying westerly of Wabasha Sueet. This property is located in City Council District 2, Planning District 17. The subject petition is in proper form and has been signed by the requisite number of property owners. Because objections raised by certain utilities and City departments have not been satisfactorily resolved, I recommend that this petition be denied. cc: Shari Moore Return copy to: Real Estate Division 140 City Hall Presented By Referted To Council FSIe # 99. - lp�: Green Sheet # I � 09 � 5 Committee: Date WHEREAS, in December of 1997 the owners of the Lowry Square Building petitioned the City to vacate its right-of-way interest and release uulity easements in that part of West Fourth Street lying within the following described line: io ii ia 13 ia is 16 i� is 19 Beginning at the most easterly corner of Lot 12, Block 21, St. Paul Proper; thence southeasterly along the southeasterly extension of the northeasterly line of the said Lot 12 a distance of 10.00 feet; thence southwesterly along a line 10.00 feet southeasterly of and parallel to the southeasterly line of the said Block 21 a distance of 100.00 feet; thence northwesterly along the southeasterly extension of the southwesterly line of Lot 11, said Block 21 a distance of 10.00 feet to the most southerly corner of said lot 11; thence northeasterly along the said southwesterly line of Block 21 a distance of 100.00 feet to the point of beginning; and WHEREAS, the Real Estate Division notified the interested utilities and City departments and solicited their approval of, or objections to, the proposed vacation; and WHEREAS, objections were raised on behalf of Northern States Power, District Energy of Saint Paul, the Department of Public W orks and the W ater Utility; and WHEREAS, the petitioner, having been apprized of the said objections as they were received, has been unable during the ensuing eighteen months to develop a plan satisfactory to the objecting parties; BE IT TAEREFORE RESOLVED, that the petition to vacate right-of-way interests and release utility easements on, over, under and across the above described property is hereby denied. Requested by Department of: B y : �� Approved by By: Technology & Management Services B �Y� � irector Form Appr ved by City Attorney s �- /0 _ S zS Adopuon Certified by Council Secretary , � .M.S./REAL ESTATE DIVISION ate: October 1, 1999 reen Sheet Number: 100915 onfad Peison and Phone N�Ler: 2 EPAR1117F.NC DIILF.CTY7R ,� 4 CITY COUNCII. Peter White � �+�-t�8� 1 Tl'Y ATTORNEY i� � TfY CIER% � UDGEfDIItSC1+DR OFFICEOFFINANCIALSVCS. � ��A��b,: 11 /3/99 3 YOR (ORASSI.STANT) OTAL # OF SIGNATURE PAGES 1(CLIP ALL LOCATIONS FOR SIGNATQRE) CTION REQUESTED: To consider the vacation of a part of 4th Street lying southwesterly of Wabasha Street. Staff recommends the petition be denied. Re£ 1. Resolution to deny petition; �aeabe; 3. Petition to vacate; 4. Declarations on behalf of City and Ramsey County; 5. Map; 6. Objections raised by deparlments and utilities; 7. Certificates of Intended Non-Use. ObA'IENDATIONS: APPROVE (A) OR REIECT (lU ggONAL SERVICE CONTRACTS M[JST ANSWER THE FOLLOWING: . HastLeperson/SrmeverworkedmderaconhsctforthisdepardneM? YE5 NO �.� ��oN R �.� .AastLitpenonlSrmeverLeenaC5lyemployee? YES NO C[VII. 56BVICE COhAIISS[ON . Dces this peison/Srm possess a slull not normaRy possessed 6y any YES NO c�6 coamura6 corrent CSty empMyeey Eaplam aR YES answe�s on a separ•rte sheet and aMach UPPORTS WfIICH COUNCIL &IF,CfIVE? OUNCII. 2 DISTRICT 1^� ARD(a`� PI,ANNING . IATING PROBI.EM, ISSUE, OPPORTUNII'1 (Whq WAaf, When, W4ere, Why?): The owners of the Lowry Square Building would like to ered a glass enclosed e�rtension to accommodate restaurant seating in the area to be vacated. VANfAGES IFAPPROVED: The Lowry Square Building would be more THE COUNCIL HEARING ON profitable. THIS MATTER IS SET FOR ISADVANTAGESIFAPPROVF,D: NOVEMBER � �1999 Existing utilities would have to be moved, and parking spaces on 4th Street would have to be elimivated. LSADVANTAGES IF NOT APPROVED: The bnilding ea�tension could not be wnstructed. OTAL AhI0i7NT OF TRANSACTIOPi: �r� COST/REVEN[IE BVDGETED (CII2CLE ONE) YES NO mre souxce: N/A ACTIVITY NI7MBER: N/A nrrcrai,m�o�.a�nox:�xrLnnv> �'��££�iC� 2�1.�5 The $500.00 represents the administrative fee for the vacation. fl�� Q°� ��g � �� 99-tn�s PETITTON TO VACATE CTfY INTEREST I(we), the unde�signed, coattilvting a majoritp of t6e owners (or their legally detigna[ed cepresenfatva) of tLe abutOng properties, do hereby petition the Council of t6e CiTy of Saint Paul to vanie its interests iv tLe proper[y(ies) Iegally desmbed as follows: Lots 11 and 12; the rear or Southerly 25 feet of Lots 1 and 2; all in Block 21, City of St. Paul, commonly refened to as "St. Paul Proper." The sidewalk along 4th Street. I(we) request this vacation for the following reason(s). To be used as a sidewalk cafe, which is essential to the planned restaurant business. A permanent glass structure will be added to shelter tables and chairs. I(we) have attached six copies of the site plans of any development intended for consW ction on the Iands to be vacated. Contact Person Person(s) responsible for payment of vacation� fee and for acceptance of the terms and conditions of the vacation: Name: Nancv Miller Phone: 893-7537 naares:: United Properties 3500 West 80th Street Bloomington, MN 55431 Alternue Contac[ Person Name: Rrian Rnr� Phone: 305-2142 naar�s: ' United Properties 801 Nicollet Mall. #420 Minneapolis, MN 55402 Narne: NancyMiller Pho�e: 893-7537 naaress. United Properties 3500 West 80th Street Bloomington, MN 55431 \ Name: Rrian Bnru Pbone: 305-2142 naaress: United Pronerties 801 Nicollet Mall, #420 Minneapolis, MN 55402 Signatures of Owner(s)/Representative(s) of Property(ies) Below: ��' �� City of St. Paul ave e son L4RCit3� �Lzl� - . - u,�• �- • .- - 1 ��• .•• . '�� ..1 1 1 United Properties c o ancy i er �Snn WP�t gnth crreet, #200 1, h.V \ , azn the petitioner, or one of the petilioners in the above matter, and I do hueby swear and verify thaz each of [he signa[ures o this petition waz signed in my presence by the person described in the petiuon. (Petiv � S bscribed and swom to before me this �� day of �� , 199 � G�/ a w"'""'""' _' _ _ _ . . AR�YCE E HANSON � hOTAfiY PUBUGMINNESOTA HENNEPIN CAUNTY Ny Commiasbn Expires Jan. 31, 2000 v � (<altxf-10>vg) i � ��Y/\I � lL y- m J OQ p � O Y �` V ¢ — __ _ __ 2 z .� � Q ? ti F Ltl� WdOZ=ZI� se �p � � O A A` L6lt2l� _� s i �.�.oi <W F�� W "'' z „ _ �%°� " o - I _ —_ ;. ,. " '____ ___ y, -___w �._ -' - \. ' �' _ i i �i � � ' i ��,..:�, \`�: � i � „�w� �� ti i I i � ' : ; \\.�: i o � ;.\��\: '\�', w o � � � — _ _? V i_ ________ ____ '__ —�_ — � — LLt — �_ — —__ _ � I I O � � �a I � �I �� I � � -- ��--------� ,: � �� ; �'� �� --- ----- i , , � , --- —�-� - ,�, .. �� - —� � � , i -_ , - � ---- � _ � � _ � ¢ � �� < t ,�.; t� � �\� � - � _ `-__.�.. __ �� '___'___' � -a 's , x . >�'�� , � ��*� �5%.ti:�:�r. "' € i ,�; ¢ � �{. •'t '�? ?��'� r. +�;:� �3 : i .. . . . �`,�� $�� __. ' �� .� ��. � 1 W i 2 i // Q S � �'�i i� , _��__�L_� �v s� 4 p�� - --- r- p ! — �� } ' Y w. � `J � �� U.C9 �� 5 /� I I � , ��o �\ 0.� 6S L8-bLB iZ 49) � 6SS8bL8ZS9 �ii � iQ9- Io�S�� i _ � ,� �,�;".,,� �3 � .� I • '� �'� Jv ; `c %�� ,�� v q �� , � C � ��'` �¢ n i � c v. i i � c ' i�� ` �� `J � i ,,, � ( G Z ' � � � ) 5 �u c � � i e� � � ` i� I W J � • �� vt. J n , � �,7 �n' � � `. J �-� � J< � � � W � �.._' - � ' �� _ , ¢ � � � � � � I � W 2 i � 1 � i /-� � V < -L N' / �`a __ _ _ � _ F � R �� sal�!�ossy �a�sia� ayl a ag-��5 DECI,ARATION REGARDING PETITION TO VACATE PUBLIC PROPERTIE S I affum that in my capacity as Real Estate Manager for the Ciry of Saint Paul, I have been consulted regarding the proposed vacation of public properties described as: that part of West Fourth Street lying within the following described line: Beginning at the most easterly corner of Lot 12, Block 21, St. Paul Proper; thence southeasterly along the southeasterly extension of the northeasterly line of the said Lot 12 a distance of 10.00 feet; thence southwesterly along a line 10.00 feet southeasterly of and parallel to the southeasterly line of the said Block 21 a distance of 100.00 feet; thence northwesterly along the southeasterly extension of the southwesterly line of Lot 11, said Block 21 a distance of 10.00 feet to the most southerly comer of said lot 11; thence northeasterly along the said southwesterly line of Block 21 a distance of 100.00 feet to the point of beginning. as documented in Vacation File #29-1997. My signature below indicates neither support for, nor opposition to, the proposed vacation by the City of Saint Paul, but is furnished for the purpose of allowing the petition to receive a public hearing before the Saint Paul City Council, as provided in Chapter 130 of the Legislative Code. . \ � �. � ►►� � Dave Nelson Real Estate Manager City of Saint Paul IL i Date a9 -io�s DECLARr1TION REGARDING PETITION TO VACATE PUBLIC PROPERTIES I affirm that, in my capacity as Property Manager for Ramsey County, I have been consulted regarding the proposed vacation of public properties described as: that part of West Fourth Street lying within the following described line: Beginning at the most easterly corner of Lot 12, Block 21, St. Paul Proper;thence southeasterly along the southeasterly extension ofthe northeasterly line of the said Lot 12 a distance of 10.00 feet; thence southwesterly along a line 10.00 feet southeasterly of and pazallel to the southeasterly line of the said Block 21 a distance of 100.00 feet; thence northwesterly along the southeasterly extension of the southwesterly line of Lot 1l, said Block 21 a distance of 10.00 feet to the most southerly corner of said lot 11; thence northeasterly along the said southwesterly line of Block 21 a distance of 100.00 feet to the point of beginning. as documented in Vacation File #29-1997. My signature below indicates neither support for, nor opposition to, the proposed vacation by Ramsey County, but is furnished far the purpose of allowing the petition to receive a public hearing before the Saint Paul City Council, as provided in Chapter 130 of the Legislative Code. l// , �� G'l �'GZ (�-�c— Ju io Mangine Ramsey County Property Manager �y��'�% Date iGiy7ii7�� LJ:4� [� Di rNUL ruLlVC uGri r�u¢ w : • � 6 , - J 4.• `o- , -S � • � '�,c�Lj - � ° 3 / �t, �•`. � �> -.,�' - h . oE k' �• p :\ iyF � � �� 1; O `p �l � oo `�9� � 09� ' � /�q�t0 I J` o \ c 9 � f 4.�' ( f^' s 1 , C pB o yt tii �•� � !�� ,4C . 5yj °° �� \,•: � . � , l� . i �. , � • S 6 : . _ • � �`�� . � ' .. � . � /`� � . ) o, � I�` �:;:,=�� :" `�`� � . . � - Z� `" c '� `��4 G' " ,�;.. ```'e 6 i � — . . _ ''-,;; . -<= o -. � . /��, _ ' ,.. oe: _,, : ..,.:..;.� � : y _ `i j ' � ' . _a �� ,, � . �p Y 9': '" t . � 3.. �� ' �(!', � o : . L � . , ` .', -..' • -:. -�,; . y . j . C8a '^' 8 � �.", t . ;;-;.¢i .� V . � . ... � �= �{ ' ".� ,'' ,^� } _ _ .\1 :ti�, y0 `�� ' ,� � �:- ' ' �•1' ' / v � 7 s5� � � . ;r=y- , . /Np�',, _ ` i . 0+ - ' �.' � � � \ ��' /, ;. . � ' " • . � .�` o .��.� •�.. p ' . . �: " 4 �/ � . ,. . �"'o o • �� `i: .' S%'. ,` �.� , ' �7 ':.;., �... � ` (a�)' �•. � . . , . .. .'. � � •: . 2.i � � � ,� . , � �F . . . 2 �� - , � - _ � �.�. � - . :. � i o �a � � � � � C`i 3 . �� 9 �5 �0 � y - 4 -' � ' . � LZ� � " .� 18E.7Z, J� \ w ♦ G A� ' r � � • J ' �� ?�` �ry� � �� _��_ ' i � � � � � IZp \�� i - y � < �' O71 � � ". N 1 � e Z �� z? � � C 1 � � a '' �� < < �,. �t' � ' F C� y � ` 7 _o � '•i 'I 1��9• et a e''�i t:.o So :'�' � ' ' _� t '�o- ,` ,: �0 2 '. 7 _-�„ ;J • � 3 9 �,�, e � �O � J � � . o "��c. 3 : 0! �y '� � . I ° �9 ?H4!J Ik9� Z ':� ?�h'°�} Qp. �� . o 'P� J ,9 � -' r � � ��.. �� T�`t1 �i6� / O yJ.�` � G'�7� �L 1: � �/ s �o \ . 5 � � 24.Z \ ';r'� .� ,�F A1YTS �. �p ` � X Q • lf; �(' C�'!�MIa�� . t S , ('q 41�� \ /1 �\ ♦ `7 � ' 6 ` � A�� / \ , 0 ' �� l}7� [J \\ 1 �� : (L�? < � � 6 � • ' , .\ . •• � '\ �. . �.3 : oz ''L' �. �cou a. � 0 � r � ..�. _ - - -' .-, .� , Nou s , . •- ' ' �� L. � � yo 8 g � ' � � � -� 8 9 1 I �e) � 7 � I o 4 5 � ' �� } . _____'L�- t ' (J� : a s � _ � . �� i . ' °�- '" ? - --� G r � � ' � `� .' _ � ydIDENEO t'�i _ u- �' r c ,, X,_=.�°� � ; �� .� _ _ y - �, G : � �•� �. .� , F I 4 ` �_ � . � O . . ' � • \ � �. 1 G t � � � ., i 9�ci._ O� . � - . � L� `-'^ , � �� p � �• • r�D � � �i9• �'n e g C" � , I ' .. .' ' Y�S a � �. ' • oag zB) x� �i� e ` � a F A� �Z..T ST�u� _ � '' � f � ��Zy;� �x,s_ .13 u_ •, zo 3 i � 4 � -s .00e ' `< , � <�. U S_ 5 D D.� � ' S� � F 0 • � � . � 1 , o� � 7 �0 ', � •is.nt �' ' , '1 ° 3 I � " "'" � . �1 � - • , �.��: aa _ b�s CITY OF SAINT PAUL INTERDEPARTMENTAL MEMORANDUM TO: Earl Carlson TMS/Real Estate Section Room 140 City Hall FROM: Linda Dickhutflo� PW/ Right-of-Way Division 800 City Hall Annex DATE: January 8, 1998 RE: TMS File No. 29-1997 Vacation of a 10' X 100" area abutting Lots 11 & 12, Block 21, City of St. Paul The Department of Public Works has completed a review of the above referenced vacation proposal and recommend this not be approved as a vacation. We do not feel it is in the Ciry's best interest to vacate this area and recommend that if this is to be approved it should be done with permits. We recommend this be reviewed as an encroachment permit under Chapter 134 and a sidewalk cafe under Chapter 106. Copies of both chapters are attached. Their request would require: 1) To have minimal traffic impact, only the 8 foot parking lane should be removed for this area. Two "No Parking" signs will be required at the expense of the property owner, estimated at about $100 each. 2) There are many utilities in the walk area - traffic signal and conduit, NSP vaults, possibly US West. A water hydrant drops down to a tunnel. A catch basin near Wabasha wou{d need to be relocated. The street drains towards Wabasha. A catch basin may be required at the west end of the bump out. At a minimum, street reconstruction and regrading would be needed at that point. This reconstruction would all be at the expense of the property owner and done to Ciry standards and specifications under a sidewalk permit. qq-1o7S 3) Trees located on the new public sidewalk in this area will have to be Iocated in a manner so that a 6' clear walk area is maintained. The normal tree opening is 6' X 6', so a 12' wide area would be required. 4) This proposal should be reviewed by the St. Paul Design Center, Wabasha West Team. Tom Eggum is the chairperson. LD Attachments c: Tom Eggum, Pete Gallagher, Bill Hagland, Mike Klassen, Tom Kuhfeld, Bob Lissick, Harvey Skow, Paul St. Martin, Ken Taillon Chapter 134. Pro)ections and Encroachments Sec. 134.01. Purpose. (The purpose of this chapter is:] (1) To allow use of the public right-of-way by adjacent property owners for purposes that cannot be reasonably satisfied on private property and where it is determined by the director of the department of public works that the area oFprojection or encroachment cannot be vacated under Chapter 130 ofthe Legislative Code. (2) To protect the health, sa£ety and welfaze of the public. (3) To protect nearby property owners from hazdship or damage. (4) To protect other public interests as deter- mined by the director. (C.F. No. 94•242, § 1, 3-23-94) Sec. 134.02. Permissioa required. No person shall construct and maintain any pro- jection or encroachment within the public right• of-way ercept with the written permission of the director of the department of public works. (C.F. No. 94-242, § 1, 3•23-94) Sec. 134.03. Projection and eacroachment defined. Pro}ection and encroachment is defined as any above or below grade protrusion beyond the prop- erty line which e:ctends into, upon, over, under or otherwise occupies any public street, alley, side- walk. boulevazd or right-of•way. Projection and encroachment shall include, but not be limited to, the following: steam lines, conduits, lighting stan- dards, azeaways, tunnels, trapdoors, retaining walls, pazking bays and nonstandazd walks, but shall exclude awnings, business signs and building projections regulated in sections 33.08 and 66.202. (C.F. No. 94•242, § 1, 3-23-94) Sec. 134.04. Public works director to issne permit. The director is authorized to grant permission to owners of abutting property to construct and maintain a projection or encroachment subject to the following conditions, restrictions and payment of fees set forth in this chapter. �4�ee�b'�ied�.eprei� �� (C.F. No. 94•242, § 1, 3-2&94) y �N Sec. 134.05. Permit application aad fees. Q,9. - �`�� Application for permits shall be submitted on forms approved by the director and shall include the fallowing. (a) The location, nature, size and purpose of the proposed 'unprovement. (b) Plans and specifications as required by the director. (c) The appropriate fees as established by council resolution. (d) The application shall be signed by the owner of the abutting property. (C.F. No. 94-242, § 1, 3-23-94) Sec. 134.06. Regulations and general condi• tions. The director is authorized to enact reasonable rules and regulations, which shall as a minimum include the following: (a) All work shall be per€ormed by licensed con- tractors and in accordance with plans azid specit"ications approved by the director. (b) Payment of permit fees, as determined by council resolution, and payment of all ad� ditional costs of inspection incurred by the department. (c) During construction, the work area shall be guazded by day with suitable barriers and by night with flashing yellow lights to prevent injury or damage to persons or prop- erty. (d) The permittee shall assume full responsi- bility for all damages to persons or prop- erty arising out of the construction, repair or maintenance of the projection or en- croachment. (e) All work shall be performed in accordance with all applicable laws or regulations, in- cluding obtaining required building per- mits. (� Materials, methods of construction and lo- cation shall be subject to the approval of the director. (C.F. No. 94-242, § 1, 3-23-94) Sec. 134.07. Indemnity and hold harmless. The city, its officers, agents and employees shall be held hazmless, indemnified and defended by the owners, its successors or assigns from any and all cIaims, actions or suits of any chazacter brought as a result of injuries or damages received or sus- tained by any person, persons or propezty on ao- count of the canstruction or maintenance of the projection or encroachment. (C.F. No. 94-242, § 1, 3-23-94) Sec. 134.08. Pree�dsting projections or en- croachments withont valid per- mits. All projections or encroachment; easting as of the adoption date of this ordinance [blazch 23, 1994,1 which exist without a valid permit from the city shall either be removed and the right- of-way restored at the sole expense of the owner of the adjacent property, or the o�cner shall make application for a permit in the same manner as if the projection or encroachment were to be newly installed. (C.F. No. 94-242, § 1, 3-23•94) Sec. 134.09. Maintenance of the projection or eacroachmeat. The propetty owner shall maintain the projec- tion or encroachment in a safe condition and shall, at no cost to the city, repair any damage which may occur during the normal course of city main- tenance and/or construction of public facilities within or adjacent to the right•of-way. (C.F. No. 94•242, § 1, 3-23-94) Sec. 134.10. Permit revocation. Any permit may be revoked by tbe director, upon reasonable written notice, for failure to prop- erly maintain the projection or encroachment in a safe and aesthetic condition, comply with any ap- plicable law or with the conditions oE the permit, or w•here it has 6een determined by the director tiiat the projection or encroachment may consti- tute a hazazd to the safety or welfaze of the public. The notice shall specify the reason(s) for recom- mending revocation, and in the case of defects or deEiciencies, provide a reasonable time to correct them. If the defects or deficiencies are not cor- rected within a reasonable time, tfie director shall request that the city crouncil rewke the permit. At the conc2usion of the hearing, the city counci.l shall determine wfiether the permit sliall be re- voked and the projecf.ion or encroachment should be removed and the public right-of-way restored at the eacpense of the adjacent owner. (C.F. No. 94•242, § 1, 3-23-94) Sec. I34.11. Permit ezpiration. Any permit issued hereunder shall be in effect for no longer than the life of the building or struc- ture served by the same. Permits shall expire upon completion of demolition of the abutting building, structure or premises. The permittee or its suc- cessor in interest shall, concurrently with the dem- olition of the abutting premises, demolish, fill and seai to the satisfaction of the department oi public woris any opening serving such premi;es upon securing a permit therefor from the department oF public works. Ail nublic right•of-way or property upon or under which such opening is located shaIi be restored to a condition acceptable to and as required by the department of public worics. (C.F. No. 94-242, § 1, 3•23-94) Sec. 134.12. Public improvements; removal or relocation. In the event it shall become necessary during the term of the permit to remove or relocate the physical property of the percnittee located within or upon any of the streets or public rights•of•way because of interference or use by the city or as a result of any public improvement undercaken by or on behalf oF the city, the permittee shalI, when so advi;ed by the department, remove and relo• cate its facilities without cost to the city and shall place the street or right•of-way in the same con- dition as e.cisted prior to construction of the pro- jection or encroachment. (C.F. No. 94•242, § 1, 3-23-94) Sec. 134.13. Permit not relinquishment of city's rights. Any permission granted for a projection or en- cmachment shall not constitute a vacation or aban- donment of the rights of the city to the street or right-af-way. (C.F. No. 94242, § 1, 3-23-94) Sec. 134.14. Violation; penalty. Violation of any of the provisions of this chapter shali be deemed a misdemeanor punishable in ac- cordance with the provisions of secEian 1.05 of tfiis Code. (C.F. No. 94-242, § 1, 3-23-94) `f`t ` l"'l ' STREETS, SIDEWALKS, BRIDGES, OTHER PUBLIC WAYS § 106.01 -' . �\\ SUBTITLE A GENERAI. REGULATIONS Chapter 106. Restrictions on Use of Sidewalks, Streets, etc. � .�- �,:�: ` i �� Chapter 10a. Care and Maintenance of Boutevazds Sec. 105.01. Dumping, obstructions. It shall be unlawful for any person to throw or deposit, or cause to be thrown or deposited, any gazbage or other waste material upon any part of any boulevazd or street lawn within the corporate limits of the City of Saint Paul; further, it shall be unlawful for any person to erect or maintain any booth or structure of any kind whatever upon any of said boulevards or street lawns, or any other obstruction thereon. (Code 1956, § 206.01) Sec. 10a.02. Vehicles, etc. It shall be unlawful for any person, firm or cor- poration to cause or permit any vehicle to be run or driven upon any sodded boulevard within the City of Saint Paul, except for state fair pazking (as defined in section 60219) and which occurs within the special overlay zoning district known as "State Fair Parking District° as established in section 60.711, or otherwise to injure or deface such boulevard. The exception for state fair park- ing shall not apply to any Minnesota state trunk highway. (Code 1956, § 206.02; Ord. No. 17753, § 2, 7-17-90) Sec. 105.03. Shrubbery removal. It shall be unlawful for any person to deface, destroy, cut down or remove any of the trees or bushes growing or being maintained in or upon any boulevard or street lawn within the corporate Iimits of the City of Saint Paul without having first obtained the permission and authority from the department of community services so to do; provided, however, that this section shall not ap- ply to any act done or work performed under the direction and authority of the director of public works. (Code 1956, § 206.03) Supp. No. 27 '�'. Sec. 106.01. Obstruetion. (a) Encumbrancesorobstructionsprohzbited.No person shall encumber or obstruct any sidewalk, lane, alley, public ground, public landing, wharf or pier, or other public place by placing thereon or therein any building materials, carriages, carts, wagons, sleighs, boxes, lumbez, firewood, posts, awning or any other materials or substance what- ever. (b) Siderualk cafe exemption. Any food estab- lishment which operates a restaurant and is li- censed under Chapter 331 of the I.egislative Code may, with notice to the license inspector, expand the operation of that restaurant onto a part, and only that part, of the public sidewalk which im- mediately adjoins the Iicensed premises (hereaf- ter reFerred to as "sidewalk cafe"). The following restrictions shall apply; provided, however, that the license inspector may without adverse heaz- ing procedures impose additional reasonable re- strictions or withdraw approval upon the opera- tion of any sidewalk cafe where necessary in the judgement of the license inspector to protect the public health, safety or welfaze or to prevent a nuisance from developing or continuing: (1) No sidewalk cafe shall be permitted in any portion of the public sidewalk where nor- mal pedestrian traffic flow is obstructed. A minimum cleazance width of thirty-six (36) inches must be maintained on the pubiic sidewalk at all times. (2) No tables, chairs or any other fumishings, except plant tubs, shall be placed in the azea used for the sidewaIk cafe during any period when the sidewalk cafe is not open and being operated. While such cafe is in operation, all tables and chairs shall be kept in a clean, sanitary condition. (3) The use of a porEion of the public sidewalk as a sidewalk cafe shall not be an egclusive use. All public improvements, including but not limited to, trees, Iight poles, traffic sig- nals, pull boxes or manholes, or any public- § 106.01 LEGISLATIVE CODE initiated maintenance pmcedares, shall with a street, escept eighty (80) feet ia take precedence wer said use of the pubfic bus loading azeas, unless the director sidevcalk at all times. of public works shall approve; (4) No alcoholic beverages shall be allowed in the sidewalk cafe at any time. Such activity is governed by subsection 409.06(eX2) ofthis Legislative Code. Notwithstanding the fore- going, the sale and service of alcoholic bev- erages by a food establishment in the down- town business district, which is Iicensed as a restaurant under Chagter 331 of the Leg- islative Code and whicfi is in compliance with the pmvisions of this section, is per- mitted. The dovrntown business district is defined in subseetion (8) belaw. The Iicense- holder shall, in addition to all other require- ments of Iaw, take reasonable steps to in- sure that aicoholic beverages are consumed only by patrons of the estabiishment wfio are of age, and not by oassersby or persons who are not of age or who aze obviously intoxicated. Reasoaable steps may include the use of barriers or fences, supervision of the outside azea by security or staff person- ael, and/or surveillance by electronic moa- itors. Failure to take such reasonable steps and use them at all times that alcoholic beverages aze consumed in the sidewalk cafe is grounds for the imposition by the city council of a condition on the Iicense to pmhibit sale of alcofiofic beverages in the sidewalk cafe, and such condition shall not be deemed to be an adverse action against the license, and does not require the notice and hearing procedures of section 310.05 of the Legislative Code. Such sidewalk cafes aze deemed part of the Iicensed premises for all requirements of the law. (5) As part of a sidewalk cafe, no plant tub shall be located or maintained: a. Without the approval of the director of public works; b. In any alley, c. At any location where the distance from the face of the curb to the inside side- walk is less than eight (8) feet; d. At any location less than fifty (50) feet from the nearest point of intersection e. Any closer than ten (10) inches from the face of the curb; and f. At any location which, in the opinion of the director of public works, interferes with pedestrian traffic. (6) It shall be the duty of the licensed food es- tablishment to maintain each plant tub at all times in a safe condition at its proper Iocation and to inspect each such tub peri- odically in order that it may be properly maintained. 'I�ees or plants and their tubs shail at all times be kept in a neat, clean and presentable condition No advertising matter or sign or writing of any Iund shaIi be displayed upon any tree or plant or its tub. (7) No sidewaik cafe exemption shall be e$'ec- tive unless the licensee has filed with the license and permit division evidence of in- surance insuring the licensee against lia- bility imposed by law arising out of the own- ership, maintenance or operation of sucti sidewaik cafe in an amount to be estab- lished by the city's risk manager. The city shall be named an additional insured in the poIicy, providing such insurance and such policy shall further pmvide that it may not be canceled eacept upon ten (10) or more day's written notice filed with the license and permit division. (8) For purposes of subsection (4) above, the downtown business district is that portion of the City of Saint Paul lying within and bounded by the following streets: Begin- ning at the intersection of Shepazd Road with Chestnut Street, Chestnut Street to Pleasant Avenue, Pleasant Avenue to KeIlogg Street, Kellogg Street to Snmmit Avenue, Summit Avenue to Tenth Sfseet, Teath Street to Interstate Freeway 94, In- terstate Freeway 94 to Lafayette Bridge, Lafayette Bridge to wfiere the bridge cross- es over Warner Road, Warner Road to Shep- axd Road, Shepard Road to Chestnut Streek (Code 1956, § 2Q9.01; C,F. No. 92-1161, § 1, 8-27- 92; C.F. No. 94-1033, § 1, 9-1494) _.. "! ;� : $upp. No_27__ ___ 984 �07/98 FYED 11:44 FA% 612 221 035� Anc�:� Reply to Vacation Inquiry File #29-1997 Vacation of: D URItE:cDISTRICT ENERGY �001 �l7�R�j ��'�"J4�n'+ pofPapcs � 'ro: Earl Carlson City of S[. Paul Real Estace Div9sion rno� � 26s-ssw FazA 266-8855 'From: Davld UikO Aistrict Energy St Paul in� 76 West Kellogg Boulevazd Saint Paul MN 55102 ��R-�ay� c� a a-3-i that part of West 4th Sc[eet lying southwesterly of the southwesterly right-of-way line of Wabasha Street, northwes[erly of a line 10.00 feet southeasterly of and parailel to the southheasterly right-of-way line of the said West 4th Street, and nonheasterly of a line 100.00 feet southwesterly of and pazallel to the said southwesterly right-of-way line of Wabasha Street. We have no objeccions to [his vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .� We must retain our easements within the right-of-way. We will approve this vacation, vaca[ion subject to the following conditions : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .� For the following reasons, we cannot approve this vacation : . . . . . . . . . . . . . . . . . . . .� REPLY TO STREET VACATION IN UIRY FILE NO. 29 We must retain our easements and rights within the right-of way_ We witl approve this vacation� subject to the following conditions: Please provide the following items in writing as conditions of the street vacation, TMS Aept. FileNo. 29-1997: 1) District Energy St. Paul, Inc. has direct buried facilities within the area defined for street vacation. (See the attached map for general location.) There is an existing pre-cast structure, approximateiy 2' X 3' X 3', with a grate castittg in the north sidewalk area of 4th Street, 6Af feet from the southeast comer building of the Lowry Hotel and 4f feet from the face of the exisung curb. This structure will need to be relocated into the new sidewalk azea as per District Energy's specifications. Cost reimbursement may be requested for this relocation. t\wo�du�Wlu�v�29.doe 1l/fl8 i��%c�'� � I �r�%Ll''�-� Signed r�'oJ��13`�-Q�(¢l �r� � � P�,T�•�-- �fq iH �� 9 Date O1/07/98 VfED 11:45 FA% 612 221 0353 � • � � Q I N �1S 'dHSdBbM �� lds S ------ 9 .,Z D URI{B:cDISTRICT ENERGY � 1� � I II s' '1' M — - i�l v �C W � Q V O � � �� ro� �. w �O Q �. ' �� ' d a � � Q Q s � � pa � � � �[Qa W 0 � > > O I�h �� n � vl�, x � �` O 0 i �i] O `� U 61 \ h �ooa ctc� _ L O� S J h s�b O 'L F22 'v o u W� z Ngi 3w * „ a4 �N � az � � � O O � a h z � H W' � .o &i _ i F � 3 �' y _ � � 0 L/-,� 133HS SNIOI` � � � -� � 0 _ F- � � O � otS J J a _ >- � v 9S 6'1S ❑ 3Nil N�1bW " \ � 9 � DEC-22-97 MON 14:37 RICE To: Repty to Vacation lnquiry File #29-1997 Phoce p Fax q Vacation of_ FAX N0, 6122292309 P, 01 0 of Pages 1 Eatl Cartson 'Prom: Bemie Gille `�°�"�� City of St. Paul NSP - Electric Division Real Estate Division 825 Rice Street Saint Paul MN SSS17 Fax 71 that part of West 4th Sueet lying southwesterly of the southwesterly right-of-way line of Wabasha Street, northwesterly of a line 20.00 feet southeasteriy of and parailel to the southeasterly right-of-way line of the said West 4th Street, and northeasterly of a]ine lOQ.00 feet southwesterly of and parallel to the said southwesterly right-of-way line of Wabasha Sireet. We have no objections to this vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .[_,] We must retain our easements within the right-of-way. We witl approve this vacation, vacation subject to the following conditions : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .[� For the following reasons, we cannot approve this vacation : . . . . . . . . . . . . . . . . . . . .� NSP can not approve the vacation inquiry file # 29-1997 do to the transformer vault known as Lowry 4th. This subsurface vault is 8(l' west of the west property line of Wabasha St. on the north side of 4thSt. W. This places the vault in the foot print of proposed Sidewalk Cafe. The qlass roof would prohibit NSP fram maintaining the transformer in the vduit if it needs to be replaced in the event of a failure and or replacement to a larger size. These transformers weigh approxamitly 16,Q0 pounds and must be lifted thru the 8'X5' openings in the sidewatk with a large crane. Therefore NSP must deny this vacation request. � 1�iq Date � B Jan 1998 12:18PH CapitolRi�er Council FAX: 2218581 Reply fo Vacation Inquiry Fite #29-1997 ro: Phonc N Faz E' Earl Cazlson 'From: N y of St. Paut Capital cate Divisioa Council 266-88SS I Fax t1 Vacation of: PAGE 1 OF N of Pages 1 Nelson .r Disvric[ . that part of West 4rh Street ]ying southwesterly of the southwesterIy right-of-way Iine of Wabasha Street, nonhwesterly of a line 10.00 feet sourheasterly of and parallel to the soucheasterly right-of-way line of the said West 4th Street, and northeasterly of a line 100.00 feet sonthwesterly of and parallel co the said southwesterly right-of-way line of Wabasha Street. We have no objections to this vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .❑ We must retain our easements within the right-of-way. We wzll approve this vacation, vacation subject to the following conditions : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .❑ For the following reasons, we cannot approve this vacation : . . . . . . . . . . . . . . . . . . . .� 7he CapitolRiver Council's Development Committee opposes the vacation inquiry file #29-1997 do to an NSP transformer vault in the location of the proposed glassed structure. A{so, the permanent structure wouid cause an extension of the sidewalk and curb thereby narrowing 4th Street and possibly eliminate on street parking. � _ lo`�S . i �,�� n�rP y�! �pl� 1�'� ;:�o.;, ., c ,�,� , a � , co n -� CERTIFICATE OF INTENDED NON-USE R��rArED�Yts1oN THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF SAINT PAUL In the Matter of Vacation File # 29-1997 The undersigned hereby certifies, on behalf of the indicated department or company, that it does not intend to exercise iu utility rights in the realty described below: that part of West 4th Street lying southwesterly of the southwesterly right-of-way line of Wabasha Street, northwesterly of a line 10.00 feet southeasterly of and parallel to the southeasterly right-of-way line of the said West 4th Street, and northeasterly of a line 100.00 feet southwesteriy of and parallei to the said southwesterly right-of-way line of Wabasha Street. except as here noted: The Water Utility has a fire hydrant and a manhole in that part of West Fourth Street being proposed for vacation. The Water Utility does intend to exercise its Utility rights in the realty described above. Water Utility ItS General Managar p�% / .CN`� Sig riue MINNESOTA RAMSEY > SS. ) The foregoing instrumen[ was acknowledged before me this Z 3 r d day of JanuaT'y 8 199T by Bernie R. Bullert .�he General Manager of the Saint Paul Water Utility ,a Municipal Corporation of the Citv of St. Paul under the laws of the Srate of Minnesota. � iM�nnnMnn n SHIRLEY p. JONES � �.� NOTARY PUBUC-MINNESOiA � RAMSEYCOUNTY MyComm.EapiresJan.3F�2-099 � ■VWVWVVVVVVVVww�- ��.,. � �.�`i_ _ _'�l �1.. � Notary Pu Ran�y y County, l esy . My commission expires ( / / L .��, �- � � � � ** Please return this original copy to 140 City Ha!!, St. Paul, MN 55102 *'` CERTIFICATE OF INTENDED NON-USE THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF SAINT PAUL aq _ �oZ.f In the Matter of Vacation File # 29-1997 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 West 4th Street lying southwesterly of the southwesterly right-of-way line of Wabasha Street, northwesterly of a line 10.00 feet southeasterly of and parallel to the southeasteriy right-of-way line of the said West 4th Street, and northeasterly of a line 100.00 feet southwesterly of and parallel to the said southwesterly right-of-way line of Wabasha Street. except as here noted: District Energy St. Paul, Inc. is willing to release our utility rights within the azea defined above, provided that cost reimbursement is agreed to for utility relocation deSned below: There is an existing pre-cast stnicture, appro�rimately 2' X 3' X 3', with a grate casting in the north sidewalk area of 4th District Energy and Cooling St. Paul, Inc. Street, 64f feet from the southeast comer building of the Lowry Hotel and 4f feet from the face of the existing curb. This structure will need to be relocated into the new sidewalk area as per District Energy's specifications. t\warduvr�dlu�vt-vac29.doc 2/11/98 its r��, � /��'�� » Signature MINNESOTA ) > SS. RAMSEY ) The foregoing instrument was acknowledged before me this I 3� day of �� YL�4 r , 199,7, bY � N�.�.�`5 �� ` � Lt ��-'�cAl" the I" P 2 S i Of��}-jCT ��4GS�h.V��c, ,a d/'Ty�,({, v�m-Pro cornor�'i I under the laws of the Srare of Minnesota. .nnnnnnnnnnnnnnnnnnnnn�nnnnnnnnnnnn• < TRUDYL,SHERWOOD 5;S$�,� NOTFRY PUBLIC-�k'�Yt�ESOTA 5 WASHINGTON COUNTY 2 My Comm. Expires Jan.33� �Q�o ■ vvvw W WVVVVVwvvvvwwwvWwvw • �..�,...Q.,, _�. �� Notary Public, Ramsey Cou . Minnesora. My coavnission ezpires � 0.�r� Ca.e.�. � t � O O C7 ** Please return this original copy to 140 City Hall, St. Paul, MN 55102 ** CERTIFICATE OF INTENDED NON-USE TAE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF SAINT PAUL �� _ ian.s� In the Matter of Vacation File # 29-1997 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 West 4th Street lying southwesterly of the southwesterly right-of-way line of Wabasha Street, northwesterly of a line 10.00 feet southeasterly of and parallel to the southeasterly right-of-way line of the said West 4th Street, and northeasterly of a line 100.00 feet southwesterly of and parallel to the said southwesterly right-of-way line of Wabasha Street. except as here noted: REC�I>>r��' a�%� `:. � i �i��i �i �EAL ES7ASE DiVi�;.r, . .• .. ARAPAHOE > ss. US West Communications Its � ��G(� � I.�CL . C/�-� Sig a e The foregoing instrument was acknowledged before me this ��_ day of l �( A7Jl.t� ,��, I`� �—e bY � L 37� �� 2 U�1 l L C.C� ,the ma tn aC f F2 of �}�� YY�SMUY\,S'�.l1I �7�� S�fZ�O(L'��LO under rLe laws of the Stare of Colorado. JONN L. MORTENSEN �� NOTARY PUBLIC Public, Ara ah oe coum , co�o�eo. STATE Of COLORADO � G/� l My commission expires MY Commisslon kkai�e ��@I ** 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 THE CITY OF SAINT PAUL etq _ t°n'� In the Matter of Vacation File # 29-1997 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 West 4th Street lying southwesterly of the southwesterly right-of-way line of Wabasha Street, northwesterly oF a line 10.00 feet southeasterly of and parallel to the southeasterly right-of-way line of the said West 4th Street, and northeasterly of a line 100.00 feet southwesterly of and parallel to the said southwesterly right-of-way line of Wabasha Street. except as here noted: RECEIVED �EB fl 5 199� REAL ESTATE DIVISION N.S.P. - Gas Distribution Its �QS �Yi rve r �o'lr�' Signature MINNFSOTA RAMSEY > SS. ) T7�e�foregoing instrument was acknowledged before me this 1"'/ day of - c , 199� / by ,the of , a .�E_)Qo �/�iGtX,.I� under the laws of tLe State of Minnesota. Notary Yublic, Ramsey County, M:nneSOta. My commission expires �` �� — fJ Q-- RaMS�v ccusvrv � � �,��MyCOmrt� ExpiresJan.37 2( "* Please return this original copy to 140 City Hall, St. CERTIFICATE OF INTENDED NON-USE THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF SAINT PAUL RECEIVED FEB 0 2 �998 REAL ESTAiE DIYiS10 � In the Matter of Vacation File # 29-1997 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 West 4th Street lying southwesterly of the southwesterly right-of-way line of Wabasha Street, northwesterly of a line 10.00 feet southeasterly of and parallel to the southeasterly r'ght-oi way line of the said West 4th Street, and northeasterly of a line 100.00 feet southwesterly of and parallel to the said southwesterly right-of-way line of Wabasha Street. except as here noted: Continental Cablevision MINNESOTA RAMSEY > SS. ) The foregom� inspvment was acknowledged before me tLis �" day of , 1999,�' by J� ,the l�C.�-.�q� L,OG� � of �-(;T , a CC'�� ti under the laws of [he Stare of Minnesota. - . _,_�a��,� ��_-„ - >,, <�`� U[Di(,4 ': :�� ('I. -==-a?� -� NOTARY PUB�JC - M W NESOTA '; ,�; MY COMN�I55!ON iX91RE5 r � '�'�� JANI�FlRY 3i, 20±�9 � - _: �v�-cs s�» �� 1.1U�� Notary Pubhc, Ramsey Counry, Mr es n. My commission ecpires �� Q/L^ � 1. �- Q Q" ** Please return this original copy to 140 City Hall, St. Paul, MN 55102 ** aa -'�`� � NOTICE OF PUBLIC HEARING Notice is hereby given that the petition of United Properties for the vacation of a portion of West Fourth Street lying westerly of Wabasha Street, as shown on the plat on file in the Office of the City Clerk, will be heard and considered by the Saint Paul City Council at a meeting to be held in the Council Chambers on the 3rd floor of City Hall and Court House on November 3, 1999 at 5:30 P.M. Dated October 6, 1999 Shari Moore Deputy City Clerk (October 9, 1999) Interdepartmental Memorandum CTTY OF SAINT PAUL cl0 _i�2� �t�;��": �as�� i en•u' ��T � � �9�� To: All Council Members From: Peter White I"� � Right of Way Engineer � 140 City Ha11 Date: October 5, 1999 Subject: TMS Department Vacation File No. 29-1947 I recommend a public hearing before the City Council be held on November 3, 1999 . The purpose of this hearing is to consider the vacation of a portion of West Fourth Street lying westerly of Wabasha Sueet. This property is located in City Council District 2, Planning District 17. The subject petition is in proper form and has been signed by the requisite number of property owners. Because objections raised by certain utilities and City departments have not been satisfactorily resolved, I recommend that this petition be denied. cc: Shari Moore Return copy to: Real Estate Division 140 City Hall Presented By Referted To Council FSIe # 99. - lp�: Green Sheet # I � 09 � 5 Committee: Date WHEREAS, in December of 1997 the owners of the Lowry Square Building petitioned the City to vacate its right-of-way interest and release uulity easements in that part of West Fourth Street lying within the following described line: io ii ia 13 ia is 16 i� is 19 Beginning at the most easterly corner of Lot 12, Block 21, St. Paul Proper; thence southeasterly along the southeasterly extension of the northeasterly line of the said Lot 12 a distance of 10.00 feet; thence southwesterly along a line 10.00 feet southeasterly of and parallel to the southeasterly line of the said Block 21 a distance of 100.00 feet; thence northwesterly along the southeasterly extension of the southwesterly line of Lot 11, said Block 21 a distance of 10.00 feet to the most southerly corner of said lot 11; thence northeasterly along the said southwesterly line of Block 21 a distance of 100.00 feet to the point of beginning; and WHEREAS, the Real Estate Division notified the interested utilities and City departments and solicited their approval of, or objections to, the proposed vacation; and WHEREAS, objections were raised on behalf of Northern States Power, District Energy of Saint Paul, the Department of Public W orks and the W ater Utility; and WHEREAS, the petitioner, having been apprized of the said objections as they were received, has been unable during the ensuing eighteen months to develop a plan satisfactory to the objecting parties; BE IT TAEREFORE RESOLVED, that the petition to vacate right-of-way interests and release utility easements on, over, under and across the above described property is hereby denied. Requested by Department of: B y : �� Approved by By: Technology & Management Services B �Y� � irector Form Appr ved by City Attorney s �- /0 _ S zS Adopuon Certified by Council Secretary , � .M.S./REAL ESTATE DIVISION ate: October 1, 1999 reen Sheet Number: 100915 onfad Peison and Phone N�Ler: 2 EPAR1117F.NC DIILF.CTY7R ,� 4 CITY COUNCII. Peter White � �+�-t�8� 1 Tl'Y ATTORNEY i� � TfY CIER% � UDGEfDIItSC1+DR OFFICEOFFINANCIALSVCS. � ��A��b,: 11 /3/99 3 YOR (ORASSI.STANT) OTAL # OF SIGNATURE PAGES 1(CLIP ALL LOCATIONS FOR SIGNATQRE) CTION REQUESTED: To consider the vacation of a part of 4th Street lying southwesterly of Wabasha Street. Staff recommends the petition be denied. Re£ 1. Resolution to deny petition; �aeabe; 3. Petition to vacate; 4. Declarations on behalf of City and Ramsey County; 5. Map; 6. Objections raised by deparlments and utilities; 7. Certificates of Intended Non-Use. ObA'IENDATIONS: APPROVE (A) OR REIECT (lU ggONAL SERVICE CONTRACTS M[JST ANSWER THE FOLLOWING: . HastLeperson/SrmeverworkedmderaconhsctforthisdepardneM? YE5 NO �.� ��oN R �.� .AastLitpenonlSrmeverLeenaC5lyemployee? YES NO C[VII. 56BVICE COhAIISS[ON . Dces this peison/Srm possess a slull not normaRy possessed 6y any YES NO c�6 coamura6 corrent CSty empMyeey Eaplam aR YES answe�s on a separ•rte sheet and aMach UPPORTS WfIICH COUNCIL &IF,CfIVE? OUNCII. 2 DISTRICT 1^� ARD(a`� PI,ANNING . IATING PROBI.EM, ISSUE, OPPORTUNII'1 (Whq WAaf, When, W4ere, Why?): The owners of the Lowry Square Building would like to ered a glass enclosed e�rtension to accommodate restaurant seating in the area to be vacated. VANfAGES IFAPPROVED: The Lowry Square Building would be more THE COUNCIL HEARING ON profitable. THIS MATTER IS SET FOR ISADVANTAGESIFAPPROVF,D: NOVEMBER � �1999 Existing utilities would have to be moved, and parking spaces on 4th Street would have to be elimivated. LSADVANTAGES IF NOT APPROVED: The bnilding ea�tension could not be wnstructed. OTAL AhI0i7NT OF TRANSACTIOPi: �r� COST/REVEN[IE BVDGETED (CII2CLE ONE) YES NO mre souxce: N/A ACTIVITY NI7MBER: N/A nrrcrai,m�o�.a�nox:�xrLnnv> �'��££�iC� 2�1.�5 The $500.00 represents the administrative fee for the vacation. fl�� Q°� ��g � �� 99-tn�s PETITTON TO VACATE CTfY INTEREST I(we), the unde�signed, coattilvting a majoritp of t6e owners (or their legally detigna[ed cepresenfatva) of tLe abutOng properties, do hereby petition the Council of t6e CiTy of Saint Paul to vanie its interests iv tLe proper[y(ies) Iegally desmbed as follows: Lots 11 and 12; the rear or Southerly 25 feet of Lots 1 and 2; all in Block 21, City of St. Paul, commonly refened to as "St. Paul Proper." The sidewalk along 4th Street. I(we) request this vacation for the following reason(s). To be used as a sidewalk cafe, which is essential to the planned restaurant business. A permanent glass structure will be added to shelter tables and chairs. I(we) have attached six copies of the site plans of any development intended for consW ction on the Iands to be vacated. Contact Person Person(s) responsible for payment of vacation� fee and for acceptance of the terms and conditions of the vacation: Name: Nancv Miller Phone: 893-7537 naares:: United Properties 3500 West 80th Street Bloomington, MN 55431 Alternue Contac[ Person Name: Rrian Rnr� Phone: 305-2142 naar�s: ' United Properties 801 Nicollet Mall. #420 Minneapolis, MN 55402 Narne: NancyMiller Pho�e: 893-7537 naaress. United Properties 3500 West 80th Street Bloomington, MN 55431 \ Name: Rrian Bnru Pbone: 305-2142 naaress: United Pronerties 801 Nicollet Mall, #420 Minneapolis, MN 55402 Signatures of Owner(s)/Representative(s) of Property(ies) Below: ��' �� City of St. Paul ave e son L4RCit3� �Lzl� - . - u,�• �- • .- - 1 ��• .•• . '�� ..1 1 1 United Properties c o ancy i er �Snn WP�t gnth crreet, #200 1, h.V \ , azn the petitioner, or one of the petilioners in the above matter, and I do hueby swear and verify thaz each of [he signa[ures o this petition waz signed in my presence by the person described in the petiuon. (Petiv � S bscribed and swom to before me this �� day of �� , 199 � G�/ a w"'""'""' _' _ _ _ . . AR�YCE E HANSON � hOTAfiY PUBUGMINNESOTA HENNEPIN CAUNTY Ny Commiasbn Expires Jan. 31, 2000 v � (<altxf-10>vg) i � ��Y/\I � lL y- m J OQ p � O Y �` V ¢ — __ _ __ 2 z .� � Q ? ti F Ltl� WdOZ=ZI� se �p � � O A A` L6lt2l� _� s i �.�.oi <W F�� W "'' z „ _ �%°� " o - I _ —_ ;. ,. " '____ ___ y, -___w �._ -' - \. ' �' _ i i �i � � ' i ��,..:�, \`�: � i � „�w� �� ti i I i � ' : ; \\.�: i o � ;.\��\: '\�', w o � � � — _ _? V i_ ________ ____ '__ —�_ — � — LLt — �_ — —__ _ � I I O � � �a I � �I �� I � � -- ��--------� ,: � �� ; �'� �� --- ----- i , , � , --- —�-� - ,�, .. �� - —� � � , i -_ , - � ---- � _ � � _ � ¢ � �� < t ,�.; t� � �\� � - � _ `-__.�.. __ �� '___'___' � -a 's , x . >�'�� , � ��*� �5%.ti:�:�r. "' € i ,�; ¢ � �{. •'t '�? ?��'� r. +�;:� �3 : i .. . . . �`,�� $�� __. ' �� .� ��. � 1 W i 2 i // Q S � �'�i i� , _��__�L_� �v s� 4 p�� - --- r- p ! — �� } ' Y w. � `J � �� U.C9 �� 5 /� I I � , ��o �\ 0.� 6S L8-bLB iZ 49) � 6SS8bL8ZS9 �ii � iQ9- Io�S�� i _ � ,� �,�;".,,� �3 � .� I • '� �'� Jv ; `c %�� ,�� v q �� , � C � ��'` �¢ n i � c v. i i � c ' i�� ` �� `J � i ,,, � ( G Z ' � � � ) 5 �u c � � i e� � � ` i� I W J � • �� vt. J n , � �,7 �n' � � `. J �-� � J< � � � W � �.._' - � ' �� _ , ¢ � � � � � � I � W 2 i � 1 � i /-� � V < -L N' / �`a __ _ _ � _ F � R �� sal�!�ossy �a�sia� ayl a ag-��5 DECI,ARATION REGARDING PETITION TO VACATE PUBLIC PROPERTIE S I affum that in my capacity as Real Estate Manager for the Ciry of Saint Paul, I have been consulted regarding the proposed vacation of public properties described as: that part of West Fourth Street lying within the following described line: Beginning at the most easterly corner of Lot 12, Block 21, St. Paul Proper; thence southeasterly along the southeasterly extension of the northeasterly line of the said Lot 12 a distance of 10.00 feet; thence southwesterly along a line 10.00 feet southeasterly of and parallel to the southeasterly line of the said Block 21 a distance of 100.00 feet; thence northwesterly along the southeasterly extension of the southwesterly line of Lot 11, said Block 21 a distance of 10.00 feet to the most southerly comer of said lot 11; thence northeasterly along the said southwesterly line of Block 21 a distance of 100.00 feet to the point of beginning. as documented in Vacation File #29-1997. My signature below indicates neither support for, nor opposition to, the proposed vacation by the City of Saint Paul, but is furnished for the purpose of allowing the petition to receive a public hearing before the Saint Paul City Council, as provided in Chapter 130 of the Legislative Code. . \ � �. � ►►� � Dave Nelson Real Estate Manager City of Saint Paul IL i Date a9 -io�s DECLARr1TION REGARDING PETITION TO VACATE PUBLIC PROPERTIES I affirm that, in my capacity as Property Manager for Ramsey County, I have been consulted regarding the proposed vacation of public properties described as: that part of West Fourth Street lying within the following described line: Beginning at the most easterly corner of Lot 12, Block 21, St. Paul Proper;thence southeasterly along the southeasterly extension ofthe northeasterly line of the said Lot 12 a distance of 10.00 feet; thence southwesterly along a line 10.00 feet southeasterly of and pazallel to the southeasterly line of the said Block 21 a distance of 100.00 feet; thence northwesterly along the southeasterly extension of the southwesterly line of Lot 1l, said Block 21 a distance of 10.00 feet to the most southerly corner of said lot 11; thence northeasterly along the said southwesterly line of Block 21 a distance of 100.00 feet to the point of beginning. as documented in Vacation File #29-1997. My signature below indicates neither support for, nor opposition to, the proposed vacation by Ramsey County, but is furnished far the purpose of allowing the petition to receive a public hearing before the Saint Paul City Council, as provided in Chapter 130 of the Legislative Code. l// , �� G'l �'GZ (�-�c— Ju io Mangine Ramsey County Property Manager �y��'�% Date iGiy7ii7�� LJ:4� [� Di rNUL ruLlVC uGri r�u¢ w : • � 6 , - J 4.• `o- , -S � • � '�,c�Lj - � ° 3 / �t, �•`. � �> -.,�' - h . oE k' �• p :\ iyF � � �� 1; O `p �l � oo `�9� � 09� ' � /�q�t0 I J` o \ c 9 � f 4.�' ( f^' s 1 , C pB o yt tii �•� � !�� ,4C . 5yj °° �� \,•: � . � , l� . i �. , � • S 6 : . _ • � �`�� . � ' .. � . � /`� � . ) o, � I�` �:;:,=�� :" `�`� � . . � - Z� `" c '� `��4 G' " ,�;.. ```'e 6 i � — . . _ ''-,;; . -<= o -. � . /��, _ ' ,.. oe: _,, : ..,.:..;.� � : y _ `i j ' � ' . _a �� ,, � . �p Y 9': '" t . � 3.. �� ' �(!', � o : . L � . , ` .', -..' • -:. -�,; . y . j . C8a '^' 8 � �.", t . ;;-;.¢i .� V . � . ... � �= �{ ' ".� ,'' ,^� } _ _ .\1 :ti�, y0 `�� ' ,� � �:- ' ' �•1' ' / v � 7 s5� � � . ;r=y- , . /Np�',, _ ` i . 0+ - ' �.' � � � \ ��' /, ;. . � ' " • . � .�` o .��.� •�.. p ' . . �: " 4 �/ � . ,. . �"'o o • �� `i: .' S%'. ,` �.� , ' �7 ':.;., �... � ` (a�)' �•. � . . , . .. .'. � � •: . 2.i � � � ,� . , � �F . . . 2 �� - , � - _ � �.�. � - . :. � i o �a � � � � � C`i 3 . �� 9 �5 �0 � y - 4 -' � ' . � LZ� � " .� 18E.7Z, J� \ w ♦ G A� ' r � � • J ' �� ?�` �ry� � �� _��_ ' i � � � � � IZp \�� i - y � < �' O71 � � ". N 1 � e Z �� z? � � C 1 � � a '' �� < < �,. �t' � ' F C� y � ` 7 _o � '•i 'I 1��9• et a e''�i t:.o So :'�' � ' ' _� t '�o- ,` ,: �0 2 '. 7 _-�„ ;J • � 3 9 �,�, e � �O � J � � . o "��c. 3 : 0! �y '� � . I ° �9 ?H4!J Ik9� Z ':� ?�h'°�} Qp. �� . o 'P� J ,9 � -' r � � ��.. �� T�`t1 �i6� / O yJ.�` � G'�7� �L 1: � �/ s �o \ . 5 � � 24.Z \ ';r'� .� ,�F A1YTS �. �p ` � X Q • lf; �(' C�'!�MIa�� . t S , ('q 41�� \ /1 �\ ♦ `7 � ' 6 ` � A�� / \ , 0 ' �� l}7� [J \\ 1 �� : (L�? < � � 6 � • ' , .\ . •• � '\ �. . �.3 : oz ''L' �. �cou a. � 0 � r � ..�. _ - - -' .-, .� , Nou s , . •- ' ' �� L. � � yo 8 g � ' � � � -� 8 9 1 I �e) � 7 � I o 4 5 � ' �� } . _____'L�- t ' (J� : a s � _ � . �� i . ' °�- '" ? - --� G r � � ' � `� .' _ � ydIDENEO t'�i _ u- �' r c ,, X,_=.�°� � ; �� .� _ _ y - �, G : � �•� �. .� , F I 4 ` �_ � . � O . . ' � • \ � �. 1 G t � � � ., i 9�ci._ O� . � - . � L� `-'^ , � �� p � �• • r�D � � �i9• �'n e g C" � , I ' .. .' ' Y�S a � �. ' • oag zB) x� �i� e ` � a F A� �Z..T ST�u� _ � '' � f � ��Zy;� �x,s_ .13 u_ •, zo 3 i � 4 � -s .00e ' `< , � <�. U S_ 5 D D.� � ' S� � F 0 • � � . � 1 , o� � 7 �0 ', � •is.nt �' ' , '1 ° 3 I � " "'" � . �1 � - • , �.��: aa _ b�s CITY OF SAINT PAUL INTERDEPARTMENTAL MEMORANDUM TO: Earl Carlson TMS/Real Estate Section Room 140 City Hall FROM: Linda Dickhutflo� PW/ Right-of-Way Division 800 City Hall Annex DATE: January 8, 1998 RE: TMS File No. 29-1997 Vacation of a 10' X 100" area abutting Lots 11 & 12, Block 21, City of St. Paul The Department of Public Works has completed a review of the above referenced vacation proposal and recommend this not be approved as a vacation. We do not feel it is in the Ciry's best interest to vacate this area and recommend that if this is to be approved it should be done with permits. We recommend this be reviewed as an encroachment permit under Chapter 134 and a sidewalk cafe under Chapter 106. Copies of both chapters are attached. Their request would require: 1) To have minimal traffic impact, only the 8 foot parking lane should be removed for this area. Two "No Parking" signs will be required at the expense of the property owner, estimated at about $100 each. 2) There are many utilities in the walk area - traffic signal and conduit, NSP vaults, possibly US West. A water hydrant drops down to a tunnel. A catch basin near Wabasha wou{d need to be relocated. The street drains towards Wabasha. A catch basin may be required at the west end of the bump out. At a minimum, street reconstruction and regrading would be needed at that point. This reconstruction would all be at the expense of the property owner and done to Ciry standards and specifications under a sidewalk permit. qq-1o7S 3) Trees located on the new public sidewalk in this area will have to be Iocated in a manner so that a 6' clear walk area is maintained. The normal tree opening is 6' X 6', so a 12' wide area would be required. 4) This proposal should be reviewed by the St. Paul Design Center, Wabasha West Team. Tom Eggum is the chairperson. LD Attachments c: Tom Eggum, Pete Gallagher, Bill Hagland, Mike Klassen, Tom Kuhfeld, Bob Lissick, Harvey Skow, Paul St. Martin, Ken Taillon Chapter 134. Pro)ections and Encroachments Sec. 134.01. Purpose. (The purpose of this chapter is:] (1) To allow use of the public right-of-way by adjacent property owners for purposes that cannot be reasonably satisfied on private property and where it is determined by the director of the department of public works that the area oFprojection or encroachment cannot be vacated under Chapter 130 ofthe Legislative Code. (2) To protect the health, sa£ety and welfaze of the public. (3) To protect nearby property owners from hazdship or damage. (4) To protect other public interests as deter- mined by the director. (C.F. No. 94•242, § 1, 3-23-94) Sec. 134.02. Permissioa required. No person shall construct and maintain any pro- jection or encroachment within the public right• of-way ercept with the written permission of the director of the department of public works. (C.F. No. 94-242, § 1, 3•23-94) Sec. 134.03. Projection and eacroachment defined. Pro}ection and encroachment is defined as any above or below grade protrusion beyond the prop- erty line which e:ctends into, upon, over, under or otherwise occupies any public street, alley, side- walk. boulevazd or right-of•way. Projection and encroachment shall include, but not be limited to, the following: steam lines, conduits, lighting stan- dards, azeaways, tunnels, trapdoors, retaining walls, pazking bays and nonstandazd walks, but shall exclude awnings, business signs and building projections regulated in sections 33.08 and 66.202. (C.F. No. 94•242, § 1, 3-23-94) Sec. 134.04. Public works director to issne permit. The director is authorized to grant permission to owners of abutting property to construct and maintain a projection or encroachment subject to the following conditions, restrictions and payment of fees set forth in this chapter. �4�ee�b'�ied�.eprei� �� (C.F. No. 94•242, § 1, 3-2&94) y �N Sec. 134.05. Permit application aad fees. Q,9. - �`�� Application for permits shall be submitted on forms approved by the director and shall include the fallowing. (a) The location, nature, size and purpose of the proposed 'unprovement. (b) Plans and specifications as required by the director. (c) The appropriate fees as established by council resolution. (d) The application shall be signed by the owner of the abutting property. (C.F. No. 94-242, § 1, 3-23-94) Sec. 134.06. Regulations and general condi• tions. The director is authorized to enact reasonable rules and regulations, which shall as a minimum include the following: (a) All work shall be per€ormed by licensed con- tractors and in accordance with plans azid specit"ications approved by the director. (b) Payment of permit fees, as determined by council resolution, and payment of all ad� ditional costs of inspection incurred by the department. (c) During construction, the work area shall be guazded by day with suitable barriers and by night with flashing yellow lights to prevent injury or damage to persons or prop- erty. (d) The permittee shall assume full responsi- bility for all damages to persons or prop- erty arising out of the construction, repair or maintenance of the projection or en- croachment. (e) All work shall be performed in accordance with all applicable laws or regulations, in- cluding obtaining required building per- mits. (� Materials, methods of construction and lo- cation shall be subject to the approval of the director. (C.F. No. 94-242, § 1, 3-23-94) Sec. 134.07. Indemnity and hold harmless. The city, its officers, agents and employees shall be held hazmless, indemnified and defended by the owners, its successors or assigns from any and all cIaims, actions or suits of any chazacter brought as a result of injuries or damages received or sus- tained by any person, persons or propezty on ao- count of the canstruction or maintenance of the projection or encroachment. (C.F. No. 94-242, § 1, 3-23-94) Sec. 134.08. Pree�dsting projections or en- croachments withont valid per- mits. All projections or encroachment; easting as of the adoption date of this ordinance [blazch 23, 1994,1 which exist without a valid permit from the city shall either be removed and the right- of-way restored at the sole expense of the owner of the adjacent property, or the o�cner shall make application for a permit in the same manner as if the projection or encroachment were to be newly installed. (C.F. No. 94-242, § 1, 3-23•94) Sec. 134.09. Maintenance of the projection or eacroachmeat. The propetty owner shall maintain the projec- tion or encroachment in a safe condition and shall, at no cost to the city, repair any damage which may occur during the normal course of city main- tenance and/or construction of public facilities within or adjacent to the right•of-way. (C.F. No. 94•242, § 1, 3-23-94) Sec. 134.10. Permit revocation. Any permit may be revoked by tbe director, upon reasonable written notice, for failure to prop- erly maintain the projection or encroachment in a safe and aesthetic condition, comply with any ap- plicable law or with the conditions oE the permit, or w•here it has 6een determined by the director tiiat the projection or encroachment may consti- tute a hazazd to the safety or welfaze of the public. The notice shall specify the reason(s) for recom- mending revocation, and in the case of defects or deEiciencies, provide a reasonable time to correct them. If the defects or deficiencies are not cor- rected within a reasonable time, tfie director shall request that the city crouncil rewke the permit. At the conc2usion of the hearing, the city counci.l shall determine wfiether the permit sliall be re- voked and the projecf.ion or encroachment should be removed and the public right-of-way restored at the eacpense of the adjacent owner. (C.F. No. 94•242, § 1, 3-23-94) Sec. I34.11. Permit ezpiration. Any permit issued hereunder shall be in effect for no longer than the life of the building or struc- ture served by the same. Permits shall expire upon completion of demolition of the abutting building, structure or premises. The permittee or its suc- cessor in interest shall, concurrently with the dem- olition of the abutting premises, demolish, fill and seai to the satisfaction of the department oi public woris any opening serving such premi;es upon securing a permit therefor from the department oF public works. Ail nublic right•of-way or property upon or under which such opening is located shaIi be restored to a condition acceptable to and as required by the department of public worics. (C.F. No. 94-242, § 1, 3•23-94) Sec. 134.12. Public improvements; removal or relocation. In the event it shall become necessary during the term of the permit to remove or relocate the physical property of the percnittee located within or upon any of the streets or public rights•of•way because of interference or use by the city or as a result of any public improvement undercaken by or on behalf oF the city, the permittee shalI, when so advi;ed by the department, remove and relo• cate its facilities without cost to the city and shall place the street or right•of-way in the same con- dition as e.cisted prior to construction of the pro- jection or encroachment. (C.F. No. 94•242, § 1, 3-23-94) Sec. 134.13. Permit not relinquishment of city's rights. Any permission granted for a projection or en- cmachment shall not constitute a vacation or aban- donment of the rights of the city to the street or right-af-way. (C.F. No. 94242, § 1, 3-23-94) Sec. 134.14. Violation; penalty. Violation of any of the provisions of this chapter shali be deemed a misdemeanor punishable in ac- cordance with the provisions of secEian 1.05 of tfiis Code. (C.F. No. 94-242, § 1, 3-23-94) `f`t ` l"'l ' STREETS, SIDEWALKS, BRIDGES, OTHER PUBLIC WAYS § 106.01 -' . �\\ SUBTITLE A GENERAI. REGULATIONS Chapter 106. Restrictions on Use of Sidewalks, Streets, etc. � .�- �,:�: ` i �� Chapter 10a. Care and Maintenance of Boutevazds Sec. 105.01. Dumping, obstructions. It shall be unlawful for any person to throw or deposit, or cause to be thrown or deposited, any gazbage or other waste material upon any part of any boulevazd or street lawn within the corporate limits of the City of Saint Paul; further, it shall be unlawful for any person to erect or maintain any booth or structure of any kind whatever upon any of said boulevards or street lawns, or any other obstruction thereon. (Code 1956, § 206.01) Sec. 10a.02. Vehicles, etc. It shall be unlawful for any person, firm or cor- poration to cause or permit any vehicle to be run or driven upon any sodded boulevard within the City of Saint Paul, except for state fair pazking (as defined in section 60219) and which occurs within the special overlay zoning district known as "State Fair Parking District° as established in section 60.711, or otherwise to injure or deface such boulevard. The exception for state fair park- ing shall not apply to any Minnesota state trunk highway. (Code 1956, § 206.02; Ord. No. 17753, § 2, 7-17-90) Sec. 105.03. Shrubbery removal. It shall be unlawful for any person to deface, destroy, cut down or remove any of the trees or bushes growing or being maintained in or upon any boulevard or street lawn within the corporate Iimits of the City of Saint Paul without having first obtained the permission and authority from the department of community services so to do; provided, however, that this section shall not ap- ply to any act done or work performed under the direction and authority of the director of public works. (Code 1956, § 206.03) Supp. No. 27 '�'. Sec. 106.01. Obstruetion. (a) Encumbrancesorobstructionsprohzbited.No person shall encumber or obstruct any sidewalk, lane, alley, public ground, public landing, wharf or pier, or other public place by placing thereon or therein any building materials, carriages, carts, wagons, sleighs, boxes, lumbez, firewood, posts, awning or any other materials or substance what- ever. (b) Siderualk cafe exemption. Any food estab- lishment which operates a restaurant and is li- censed under Chapter 331 of the I.egislative Code may, with notice to the license inspector, expand the operation of that restaurant onto a part, and only that part, of the public sidewalk which im- mediately adjoins the Iicensed premises (hereaf- ter reFerred to as "sidewalk cafe"). The following restrictions shall apply; provided, however, that the license inspector may without adverse heaz- ing procedures impose additional reasonable re- strictions or withdraw approval upon the opera- tion of any sidewalk cafe where necessary in the judgement of the license inspector to protect the public health, safety or welfaze or to prevent a nuisance from developing or continuing: (1) No sidewalk cafe shall be permitted in any portion of the public sidewalk where nor- mal pedestrian traffic flow is obstructed. A minimum cleazance width of thirty-six (36) inches must be maintained on the pubiic sidewalk at all times. (2) No tables, chairs or any other fumishings, except plant tubs, shall be placed in the azea used for the sidewaIk cafe during any period when the sidewalk cafe is not open and being operated. While such cafe is in operation, all tables and chairs shall be kept in a clean, sanitary condition. (3) The use of a porEion of the public sidewalk as a sidewalk cafe shall not be an egclusive use. All public improvements, including but not limited to, trees, Iight poles, traffic sig- nals, pull boxes or manholes, or any public- § 106.01 LEGISLATIVE CODE initiated maintenance pmcedares, shall with a street, escept eighty (80) feet ia take precedence wer said use of the pubfic bus loading azeas, unless the director sidevcalk at all times. of public works shall approve; (4) No alcoholic beverages shall be allowed in the sidewalk cafe at any time. Such activity is governed by subsection 409.06(eX2) ofthis Legislative Code. Notwithstanding the fore- going, the sale and service of alcoholic bev- erages by a food establishment in the down- town business district, which is Iicensed as a restaurant under Chagter 331 of the Leg- islative Code and whicfi is in compliance with the pmvisions of this section, is per- mitted. The dovrntown business district is defined in subseetion (8) belaw. The Iicense- holder shall, in addition to all other require- ments of Iaw, take reasonable steps to in- sure that aicoholic beverages are consumed only by patrons of the estabiishment wfio are of age, and not by oassersby or persons who are not of age or who aze obviously intoxicated. Reasoaable steps may include the use of barriers or fences, supervision of the outside azea by security or staff person- ael, and/or surveillance by electronic moa- itors. Failure to take such reasonable steps and use them at all times that alcoholic beverages aze consumed in the sidewalk cafe is grounds for the imposition by the city council of a condition on the Iicense to pmhibit sale of alcofiofic beverages in the sidewalk cafe, and such condition shall not be deemed to be an adverse action against the license, and does not require the notice and hearing procedures of section 310.05 of the Legislative Code. Such sidewalk cafes aze deemed part of the Iicensed premises for all requirements of the law. (5) As part of a sidewalk cafe, no plant tub shall be located or maintained: a. Without the approval of the director of public works; b. In any alley, c. At any location where the distance from the face of the curb to the inside side- walk is less than eight (8) feet; d. At any location less than fifty (50) feet from the nearest point of intersection e. Any closer than ten (10) inches from the face of the curb; and f. At any location which, in the opinion of the director of public works, interferes with pedestrian traffic. (6) It shall be the duty of the licensed food es- tablishment to maintain each plant tub at all times in a safe condition at its proper Iocation and to inspect each such tub peri- odically in order that it may be properly maintained. 'I�ees or plants and their tubs shail at all times be kept in a neat, clean and presentable condition No advertising matter or sign or writing of any Iund shaIi be displayed upon any tree or plant or its tub. (7) No sidewaik cafe exemption shall be e$'ec- tive unless the licensee has filed with the license and permit division evidence of in- surance insuring the licensee against lia- bility imposed by law arising out of the own- ership, maintenance or operation of sucti sidewaik cafe in an amount to be estab- lished by the city's risk manager. The city shall be named an additional insured in the poIicy, providing such insurance and such policy shall further pmvide that it may not be canceled eacept upon ten (10) or more day's written notice filed with the license and permit division. (8) For purposes of subsection (4) above, the downtown business district is that portion of the City of Saint Paul lying within and bounded by the following streets: Begin- ning at the intersection of Shepazd Road with Chestnut Street, Chestnut Street to Pleasant Avenue, Pleasant Avenue to KeIlogg Street, Kellogg Street to Snmmit Avenue, Summit Avenue to Tenth Sfseet, Teath Street to Interstate Freeway 94, In- terstate Freeway 94 to Lafayette Bridge, Lafayette Bridge to wfiere the bridge cross- es over Warner Road, Warner Road to Shep- axd Road, Shepard Road to Chestnut Streek (Code 1956, § 2Q9.01; C,F. No. 92-1161, § 1, 8-27- 92; C.F. No. 94-1033, § 1, 9-1494) _.. "! ;� : $upp. No_27__ ___ 984 �07/98 FYED 11:44 FA% 612 221 035� Anc�:� Reply to Vacation Inquiry File #29-1997 Vacation of: D URItE:cDISTRICT ENERGY �001 �l7�R�j ��'�"J4�n'+ pofPapcs � 'ro: Earl Carlson City of S[. Paul Real Estace Div9sion rno� � 26s-ssw FazA 266-8855 'From: Davld UikO Aistrict Energy St Paul in� 76 West Kellogg Boulevazd Saint Paul MN 55102 ��R-�ay� c� a a-3-i that part of West 4th Sc[eet lying southwesterly of the southwesterly right-of-way line of Wabasha Street, northwes[erly of a line 10.00 feet southeasterly of and parailel to the southheasterly right-of-way line of the said West 4th Street, and nonheasterly of a line 100.00 feet southwesterly of and pazallel to the said southwesterly right-of-way line of Wabasha Street. We have no objeccions to [his vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .� We must retain our easements within the right-of-way. We will approve this vacation, vaca[ion subject to the following conditions : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .� For the following reasons, we cannot approve this vacation : . . . . . . . . . . . . . . . . . . . .� REPLY TO STREET VACATION IN UIRY FILE NO. 29 We must retain our easements and rights within the right-of way_ We witl approve this vacation� subject to the following conditions: Please provide the following items in writing as conditions of the street vacation, TMS Aept. FileNo. 29-1997: 1) District Energy St. Paul, Inc. has direct buried facilities within the area defined for street vacation. (See the attached map for general location.) There is an existing pre-cast structure, approximateiy 2' X 3' X 3', with a grate castittg in the north sidewalk area of 4th Street, 6Af feet from the southeast comer building of the Lowry Hotel and 4f feet from the face of the exisung curb. This structure will need to be relocated into the new sidewalk azea as per District Energy's specifications. Cost reimbursement may be requested for this relocation. t\wo�du�Wlu�v�29.doe 1l/fl8 i��%c�'� � I �r�%Ll''�-� Signed r�'oJ��13`�-Q�(¢l �r� � � P�,T�•�-- �fq iH �� 9 Date O1/07/98 VfED 11:45 FA% 612 221 0353 � • � � Q I N �1S 'dHSdBbM �� lds S ------ 9 .,Z D URI{B:cDISTRICT ENERGY � 1� � I II s' '1' M — - i�l v �C W � Q V O � � �� ro� �. w �O Q �. ' �� ' d a � � Q Q s � � pa � � � �[Qa W 0 � > > O I�h �� n � vl�, x � �` O 0 i �i] O `� U 61 \ h �ooa ctc� _ L O� S J h s�b O 'L F22 'v o u W� z Ngi 3w * „ a4 �N � az � � � O O � a h z � H W' � .o &i _ i F � 3 �' y _ � � 0 L/-,� 133HS SNIOI` � � � -� � 0 _ F- � � O � otS J J a _ >- � v 9S 6'1S ❑ 3Nil N�1bW " \ � 9 � DEC-22-97 MON 14:37 RICE To: Repty to Vacation lnquiry File #29-1997 Phoce p Fax q Vacation of_ FAX N0, 6122292309 P, 01 0 of Pages 1 Eatl Cartson 'Prom: Bemie Gille `�°�"�� City of St. Paul NSP - Electric Division Real Estate Division 825 Rice Street Saint Paul MN SSS17 Fax 71 that part of West 4th Sueet lying southwesterly of the southwesterly right-of-way line of Wabasha Street, northwesterly of a line 20.00 feet southeasteriy of and parailel to the southeasterly right-of-way line of the said West 4th Street, and northeasterly of a]ine lOQ.00 feet southwesterly of and parallel to the said southwesterly right-of-way line of Wabasha Sireet. We have no objections to this vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .[_,] We must retain our easements within the right-of-way. We witl approve this vacation, vacation subject to the following conditions : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .[� For the following reasons, we cannot approve this vacation : . . . . . . . . . . . . . . . . . . . .� NSP can not approve the vacation inquiry file # 29-1997 do to the transformer vault known as Lowry 4th. This subsurface vault is 8(l' west of the west property line of Wabasha St. on the north side of 4thSt. W. This places the vault in the foot print of proposed Sidewalk Cafe. The qlass roof would prohibit NSP fram maintaining the transformer in the vduit if it needs to be replaced in the event of a failure and or replacement to a larger size. These transformers weigh approxamitly 16,Q0 pounds and must be lifted thru the 8'X5' openings in the sidewatk with a large crane. Therefore NSP must deny this vacation request. � 1�iq Date � B Jan 1998 12:18PH CapitolRi�er Council FAX: 2218581 Reply fo Vacation Inquiry Fite #29-1997 ro: Phonc N Faz E' Earl Cazlson 'From: N y of St. Paut Capital cate Divisioa Council 266-88SS I Fax t1 Vacation of: PAGE 1 OF N of Pages 1 Nelson .r Disvric[ . that part of West 4rh Street ]ying southwesterly of the southwesterIy right-of-way Iine of Wabasha Street, nonhwesterly of a line 10.00 feet sourheasterly of and parallel to the soucheasterly right-of-way line of the said West 4th Street, and northeasterly of a line 100.00 feet sonthwesterly of and parallel co the said southwesterly right-of-way line of Wabasha Street. We have no objections to this vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .❑ We must retain our easements within the right-of-way. We wzll approve this vacation, vacation subject to the following conditions : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .❑ For the following reasons, we cannot approve this vacation : . . . . . . . . . . . . . . . . . . . .� 7he CapitolRiver Council's Development Committee opposes the vacation inquiry file #29-1997 do to an NSP transformer vault in the location of the proposed glassed structure. A{so, the permanent structure wouid cause an extension of the sidewalk and curb thereby narrowing 4th Street and possibly eliminate on street parking. � _ lo`�S . i �,�� n�rP y�! �pl� 1�'� ;:�o.;, ., c ,�,� , a � , co n -� CERTIFICATE OF INTENDED NON-USE R��rArED�Yts1oN THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF SAINT PAUL In the Matter of Vacation File # 29-1997 The undersigned hereby certifies, on behalf of the indicated department or company, that it does not intend to exercise iu utility rights in the realty described below: that part of West 4th Street lying southwesterly of the southwesterly right-of-way line of Wabasha Street, northwesterly of a line 10.00 feet southeasterly of and parallel to the southeasterly right-of-way line of the said West 4th Street, and northeasterly of a line 100.00 feet southwesteriy of and parallei to the said southwesterly right-of-way line of Wabasha Street. except as here noted: The Water Utility has a fire hydrant and a manhole in that part of West Fourth Street being proposed for vacation. The Water Utility does intend to exercise its Utility rights in the realty described above. Water Utility ItS General Managar p�% / .CN`� Sig riue MINNESOTA RAMSEY > SS. ) The foregoing instrumen[ was acknowledged before me this Z 3 r d day of JanuaT'y 8 199T by Bernie R. Bullert .�he General Manager of the Saint Paul Water Utility ,a Municipal Corporation of the Citv of St. Paul under the laws of the Srate of Minnesota. � iM�nnnMnn n SHIRLEY p. JONES � �.� NOTARY PUBUC-MINNESOiA � RAMSEYCOUNTY MyComm.EapiresJan.3F�2-099 � ■VWVWVVVVVVVVww�- ��.,. � �.�`i_ _ _'�l �1.. � Notary Pu Ran�y y County, l esy . My commission expires ( / / L .��, �- � � � � ** Please return this original copy to 140 City Ha!!, St. Paul, MN 55102 *'` CERTIFICATE OF INTENDED NON-USE THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF SAINT PAUL aq _ �oZ.f In the Matter of Vacation File # 29-1997 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 West 4th Street lying southwesterly of the southwesterly right-of-way line of Wabasha Street, northwesterly of a line 10.00 feet southeasterly of and parallel to the southeasteriy right-of-way line of the said West 4th Street, and northeasterly of a line 100.00 feet southwesterly of and parallel to the said southwesterly right-of-way line of Wabasha Street. except as here noted: District Energy St. Paul, Inc. is willing to release our utility rights within the azea defined above, provided that cost reimbursement is agreed to for utility relocation deSned below: There is an existing pre-cast stnicture, appro�rimately 2' X 3' X 3', with a grate casting in the north sidewalk area of 4th District Energy and Cooling St. Paul, Inc. Street, 64f feet from the southeast comer building of the Lowry Hotel and 4f feet from the face of the existing curb. This structure will need to be relocated into the new sidewalk area as per District Energy's specifications. t\warduvr�dlu�vt-vac29.doc 2/11/98 its r��, � /��'�� » Signature MINNESOTA ) > SS. RAMSEY ) The foregoing instrument was acknowledged before me this I 3� day of �� YL�4 r , 199,7, bY � N�.�.�`5 �� ` � Lt ��-'�cAl" the I" P 2 S i Of��}-jCT ��4GS�h.V��c, ,a d/'Ty�,({, v�m-Pro cornor�'i I under the laws of the Srare of Minnesota. .nnnnnnnnnnnnnnnnnnnnn�nnnnnnnnnnnn• < TRUDYL,SHERWOOD 5;S$�,� NOTFRY PUBLIC-�k'�Yt�ESOTA 5 WASHINGTON COUNTY 2 My Comm. Expires Jan.33� �Q�o ■ vvvw W WVVVVVwvvvvwwwvWwvw • �..�,...Q.,, _�. �� Notary Public, Ramsey Cou . Minnesora. My coavnission ezpires � 0.�r� Ca.e.�. � t � O O C7 ** Please return this original copy to 140 City Hall, St. Paul, MN 55102 ** CERTIFICATE OF INTENDED NON-USE TAE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF SAINT PAUL �� _ ian.s� In the Matter of Vacation File # 29-1997 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 West 4th Street lying southwesterly of the southwesterly right-of-way line of Wabasha Street, northwesterly of a line 10.00 feet southeasterly of and parallel to the southeasterly right-of-way line of the said West 4th Street, and northeasterly of a line 100.00 feet southwesterly of and parallel to the said southwesterly right-of-way line of Wabasha Street. except as here noted: REC�I>>r��' a�%� `:. � i �i��i �i �EAL ES7ASE DiVi�;.r, . .• .. ARAPAHOE > ss. US West Communications Its � ��G(� � I.�CL . C/�-� Sig a e The foregoing instrument was acknowledged before me this ��_ day of l �( A7Jl.t� ,��, I`� �—e bY � L 37� �� 2 U�1 l L C.C� ,the ma tn aC f F2 of �}�� YY�SMUY\,S'�.l1I �7�� S�fZ�O(L'��LO under rLe laws of the Stare of Colorado. JONN L. MORTENSEN �� NOTARY PUBLIC Public, Ara ah oe coum , co�o�eo. STATE Of COLORADO � G/� l My commission expires MY Commisslon kkai�e ��@I ** 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 THE CITY OF SAINT PAUL etq _ t°n'� In the Matter of Vacation File # 29-1997 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 West 4th Street lying southwesterly of the southwesterly right-of-way line of Wabasha Street, northwesterly oF a line 10.00 feet southeasterly of and parallel to the southeasterly right-of-way line of the said West 4th Street, and northeasterly of a line 100.00 feet southwesterly of and parallel to the said southwesterly right-of-way line of Wabasha Street. except as here noted: RECEIVED �EB fl 5 199� REAL ESTATE DIVISION N.S.P. - Gas Distribution Its �QS �Yi rve r �o'lr�' Signature MINNFSOTA RAMSEY > SS. ) T7�e�foregoing instrument was acknowledged before me this 1"'/ day of - c , 199� / by ,the of , a .�E_)Qo �/�iGtX,.I� under the laws of tLe State of Minnesota. Notary Yublic, Ramsey County, M:nneSOta. My commission expires �` �� — fJ Q-- RaMS�v ccusvrv � � �,��MyCOmrt� ExpiresJan.37 2( "* Please return this original copy to 140 City Hall, St. CERTIFICATE OF INTENDED NON-USE THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF SAINT PAUL RECEIVED FEB 0 2 �998 REAL ESTAiE DIYiS10 � In the Matter of Vacation File # 29-1997 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 West 4th Street lying southwesterly of the southwesterly right-of-way line of Wabasha Street, northwesterly of a line 10.00 feet southeasterly of and parallel to the southeasterly r'ght-oi way line of the said West 4th Street, and northeasterly of a line 100.00 feet southwesterly of and parallel to the said southwesterly right-of-way line of Wabasha Street. except as here noted: Continental Cablevision MINNESOTA RAMSEY > SS. ) The foregom� inspvment was acknowledged before me tLis �" day of , 1999,�' by J� ,the l�C.�-.�q� L,OG� � of �-(;T , a CC'�� ti under the laws of [he Stare of Minnesota. - . _,_�a��,� ��_-„ - >,, <�`� U[Di(,4 ': :�� ('I. -==-a?� -� NOTARY PUB�JC - M W NESOTA '; ,�; MY COMN�I55!ON iX91RE5 r � '�'�� JANI�FlRY 3i, 20±�9 � - _: �v�-cs s�» �� 1.1U�� Notary Pubhc, Ramsey Counry, Mr es n. My commission ecpires �� Q/L^ � 1. �- Q Q" ** Please return this original copy to 140 City Hall, St. Paul, MN 55102 ** aa -'�`� � NOTICE OF PUBLIC HEARING Notice is hereby given that the petition of United Properties for the vacation of a portion of West Fourth Street lying westerly of Wabasha Street, as shown on the plat on file in the Office of the City Clerk, will be heard and considered by the Saint Paul City Council at a meeting to be held in the Council Chambers on the 3rd floor of City Hall and Court House on November 3, 1999 at 5:30 P.M. Dated October 6, 1999 Shari Moore Deputy City Clerk (October 9, 1999) Interdepartmental Memorandum CTTY OF SAINT PAUL cl0 _i�2� �t�;��": �as�� i en•u' ��T � � �9�� To: All Council Members From: Peter White I"� � Right of Way Engineer � 140 City Ha11 Date: October 5, 1999 Subject: TMS Department Vacation File No. 29-1947 I recommend a public hearing before the City Council be held on November 3, 1999 . The purpose of this hearing is to consider the vacation of a portion of West Fourth Street lying westerly of Wabasha Sueet. This property is located in City Council District 2, Planning District 17. The subject petition is in proper form and has been signed by the requisite number of property owners. Because objections raised by certain utilities and City departments have not been satisfactorily resolved, I recommend that this petition be denied. cc: Shari Moore