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99-332Return copp to: Real Estate Division 140 City Hall V��V���i� Presented By Referred To Committee: Date �� i BE IT RESOLVED, that, upon the petition of the Port Authority of the City of Saint Paui as 2 documented in Finance Department File Number 24-1997, public properties hereinafter described are 3 hereby vacated and discontinued as public proper[y: and, subject ta the herein stated exceptions the 4 easements within those public properties are hereby released. 6 The property to be vacated is described as follows: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 That part of Western Avenue as dedicated in the plat of Stinson, Brown and Ramsey's Addition to St. Paul, according to the recorded plat thereof, Ramsey County, Minnesota, which lies northerly of the hereinafter described "Line A' and southerly of the hereinafter described "Line B „ "Line A" is descrlbed as commencing at the intersection of the west line of Lot 8, in Partition Plat, an addition to Sx Paul, Minnesota, being a subdivision of the Northwest Quaster of the Northeast Quarter and Government Lot 2, Sectiott 12, Township 28, Range 23, Ramsey County, Minnesota, the same being the North and South Quarter line of said Section 12 with the northerly levee line as established by Order of Common Council dated Apri122, 1886, filed June 27, 1888, in the office of the Register of Deeds, Ramsey County, Minnesota, and filed in Book 4 of Street Openings, Page 22; thence north, along said west line of Lot 8, a distance of 326.66 feet to an iron monument at the intersection of the easterly extension of the south line of Block 16 Stinson, Brown and Ramsey's Addifion to St. Paul, according to the recorded plat thereof, Ramsey County, Minnesota, said point being the point of beginning of said "Line A" to be described; thence North 89 degrees 38 minutes West, along said south line of Block 16, and said line extended east, a distance of 431.72 feet to an iron monument and said "Line A" there terminating "Line B" is described as beginning at the tetmination of said "Line A' ; thence North 40 degFees 59 minutes East a distauce of 1748.05 feet to an iron monument, being 65.00 feet west of, as measured at right angles to, the east line of said L,ot 14 and 1318.07 feet north of said levee line, measured along the west line of the east 65.00feet of said Lot 14, and said "Line B" there terminating. Council File # �1q- 33� Green Sheet # RESOLUTION SAINT PAUL. MINNESOTA 32 This vacation shall be subject to the terms and cottdition of Chapter 130, codified March l, 1981, of the 33 Saint Paul Legislative Code as amended, and to the following conditions: 34 Q`t -�3> 1 1. That the petitioner's, their successors and assigns shall pay $500.60 as an administrative fee for this 2 vacauon which is due and payabie within 60 days of the effecfive date of this resolution. 4 2. That, with the accompanying Utility Easement Certificates of Intended Non-Use, filed voluntarily on 5 behalf of U.S. West Communications, Incorporated, Northern States Power Company, District 6 Energy St. Paul, Incorpozated, MCI Metro Incorporated, MediaOne, The Water Utility, and'I`he 7 Department of Public Works, made a part hereof by this reference and filed in the office of the City 8 Clerk of Saint Paul, the City, for itself and on behalf of these corporations and departments, waives 9 the right to the utility easements in the vacated area described above. 10 ll 3. That the petiuoners, their successors and assigns agree to indemnify, defend and save harmless the 12 City of Saint Paul, its officers and employees from all suits, actions or claims of any character 13 brought as a resuh of injuries or damages received or sustained by any person, persons or property on 14 account of this vacation or petitioners' use of this property, including but not limited to, a claim 15 brought because of any act of omission, neglect, ox misconduct of said petitioners or because of any lb claims or liability arising from any violation of any law or regulation made in accordance with the 17 law, whether by the petitioners or any oP their agents or employees. 18 14 4. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this 20 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolufion and 21 shall, withitt the period(s) specified in the terms and condifions of this resolution, comply in all 22 respects with these terms and conditions. Requested by Department of: Technoloev & Manaeement Services By: ���.C.GI �'��lt�'U� �,� ` Director Form Approved by City Attorney ���� B �-��l✓cw�.. 7/���9 � �"���.._,�. �.i�. • � � � -.s/ � � : � � � � � . � � . - �lnl�' � t,�/ � � , / : � ,�� � i�i��i �� � - �.c=..i � Adopted by Council: Date � •����°, Adop�ioa Cettified by Council Secretaty T.M.S./REAL E5TATE DIVISION f Date: Peter White � i�.�: I �on�o���b Apri114, 1999 rAL # OF SIGNATURE PAGES 1 1ZON REQUESTED: March 2, 1999 Green y ranxzs�NTn 1 ITY AITORNEY � 3 �YOR (OR ASSS3Lf ALL LOCAITONS FOR Nwnber: 63688 4 r,y cowcu, . 3 ITY CI ERH FFICE OF FINANCIAL SvCS. To vacate a portion of Western Avenue lying northerly of vacated Palace Street and to release easements therein.. Ref: 1. Resolution for consideration; 2. Petition to vacate; 3. Ownerslup Report; 4. Map of area to be vacated; 5. Certificates of Intended Non-Use. �R56NAL SERVICE CONTRACl'S MUST ANSWER THE FOLLOWING: HasthepersoWfumeeerworkedmderacontradforthisdepartment? YES NQ rr,nHIViNC comm�ssioN g sraeF Has fhis persoNSrm ever Leen a City employee? crvn, serzv`ce coarnuss[ox Does this prrsoNSrm possess a s1o71 not nornwDp nossessed by anp current CStg emplopce? cm contnni�rse WffiCH COUNCfL . 2 vi.sTxicr 9 PLANNING CO L VG PROBLEM, ISSUE, OPPORTITNiTY (4VLo, What, Wheo, Where, Why?): The Port Authority would like to prepare adjoining property for industrial developu�ent. �GES IF APPROVED: The adjoining property would be more viable for development. IF APPROVSD: None 1VTAGES IF NOT APPROVF,D: � The adjoining property would be less viable for development. AMOITNI' OF TRANSACfION: FiINDING SOURCE: +iPIANCSAI. L�iFORMATION: (EXPI,AIC� ��.QQ NIA and attarh. RECElVED �� Q 4 t999 REAC ES_TA� D1Y�(0� YES NO YES NO The Councit Hearing on this matter is set for April 14, 1999 V�r'i:�'tim?f s � . �eG+s , > • ='.'+ t ��� .�. � ��� COSTfRI�: VEN[TE Bi7DGETED (CII2CLE ONE) YES iY0 ACTIVITY NL7MBER . . _. � fA � The $5W.00 represents the acbministrative fee for vacations. 21TY OF THE Ci11' OF SAINT PAUL ,,.,., ., ,,.,.,.,ARK TOWERS • 345 ST. PETER STREET • ST. PAUL MN 55102-1661 PETTTI�N FQR VACATION QF PORT`IONS OF WESTERN AVENUE o�q .'3'33— ;.�� �y� C� FAX (692) 223-5198 TOLL FREE (800) 328-8417 • PHONE (612) 224-568b TO: THE HONORABLE COUNCIL PRESIDENT AND MEMBERS OF THE CITY COUNCIL YOUR PETITIONER, the Port Authority of the City of Saint Paul respectfully states and alleges that we are the fee owners of record of the real estate abutting Westesn Avenue further described as follows: That part of Western Avenue as dedicated in the plat of Stinson, Brown and Ramsey's Addition to St. Paul, aacording to the recarded plat thereof, Ramsey County, Minnesota, which lies northerly of the hereinafter described "Line A" and southeriy of the hereinafter described "Line B". "Line A" is described as commencing at the intersection of the west lane of Lot 8, in Partition Plat, an addition to St. Paul, Minnesota, bein� a subdivision of the Northwest Quarter of the Northeast Quarter and Government Lot 2, Section 12, Township 28, Ran�e 23, Ramsey County, Minnesota, the same being the North and South Quarter line of said Section 12 with the northerly levee line as established by Order of Common Councii dated Apri( 22, 1886, filed 3une 27, 1888, in the office of the Reaister of Deeds, Ramsey County, Minnesota, and filed in Book 4 of Street Openings, Page 22; thence north, along said west line of Lot 8, a distance of 326.66 feet to an iron monument at the intersection of the easteriy extension ofthe south line ofBlock 16, Stinson, Bro�rn and Ramsey's Addition to 5t. Paul, according to the recorded plat thereof, Ramsey County, Minnesota, said point bein� the point of be�innina of said "Line A" to be described; thence North 89 degrees 38 minutes West, along said south line of Block 16, and said line extended east, a distance of 431.72 feet to an iron monument and said "Line A" there terminating. "Line B" is described as be�inning at the termination of said "Line A"; thence North 40 degrees 59 minutes East a distance of 3 748.05 feet to an iron monument, being 65.00 feet west of, as measured at right an�les to, the east line said Lot l4 and U 18.�7 feet north of said levee line, measured along the west line of the east 65.00 feet of said Lot 14 and said "Line B" there terminatin�. � a �.��� The proposed area to be vacated is colored in red on the attached Exhibit. The proposed vacation is required for the orderly development of the land. Your Fetitioner herein requests that there be no assessment of compensation to Petitioner on account of the value of the accrual; and that in ]ieu of a bond, and by acceptance of the terms of the vacation, the Port Authority agrees to fu}Iy indemnify, defend and save harmless the City of Saint Paul and the Board of Water Commissioners, its officers, agents, employees and servants from all suits, actions or claims which may arise from any injuries or damages received or sustained by a break in any service pipe, water main, or connection in said vacated areas, arising out of or resuiting from any action or negiigence of the Petitioner, its employees, agents or business invitees. Your Petitioner herein further requests that the provisions of the Saint Paul legislative Code, Chapter 130, pertaining to the reservation of easements be waived upon presentation to and approval by the City Council of Saint Paul. We request Certificates of Intended Non-Use over the vacated area for electrical, gas, water, sanitary sewer, storm sewer, U. S. West, Cable television, and any other parties interest. WHEREFORE, your Petitioner respectfully requests your Honorable Body to vacate the portions of Western Avenue for the purposes above-stated. PORT AUTHORITY OF THE CITY OF SATNT PAUL : � ���-. � � G:�raglweslnvac Interdepartmental Memorandum CITY OF SAINT PAUL To: All Council Me From: Peter White Right of Way En ' r 140 Citp Ha11 Date: March 8, 1499 S��a��et; 1�ai� �egactsa�enti'Va�axi�n �i2e?+ta:"��1:9�7 1 recommend a public hearing before the City Councii be held on t1p�I'.14,1.9�9 . 3 �— ��"� The purpose of this hearing is to consider vacaring part of Western Avenue lying northerly of vacated Palace Street, and releasing uulity easements therein. This praperry is located in City Council District �, Planning District �_ The subject peution is in proper form and has been signed by the requisite number of property owners. cc: Shari Moore `+d'usa�4'•.�"•� ;." °.'''."rf� lr:u3`!�%° �Q �'s�� �a � ��a� ST. PAUL CITY COUNCIL PUBLIC HEARING NOTiCE STREETIALLEY VACATION �q-33� City Council Ward # 2 Planning District # 9 NANCY ANDERSON CITY GOUNCIL RESEARCH 310 CITY HALL PURPOSE PETITIONER HEARING QUESTIONS MAP (attached) Notices sent: File No. 24-1997 to consider vacating the City's interest in part of Western Avenue lying northerly of vacated Palace Street, and releasing utflitY easements therein the Port Authority of the City of 5aint Paul The Council will conduct a public hearing on tttis vacation on Wednesday, Apri114�1999 in the Council Chambers on the third floor of City Hall. Public Hearinas begin at 5:30 P.M. Call 266-8850 and refer to the file number above. City staff will be available unti14:30 in Room 140 City Hall to answer any last-minute question on this projec� by Real Estate Division Dept. of Technology and Management Services Room 140 City Hall - Court House Saint Paul, Minnesota 55102 �;�+�?��;� ��^�a��� �,--`�r �?,�� � � '� °� o i � r �� ; � C �, F , �I � ' �i ' � � _ .�'_ _ _ i I I 1 ��� � _� � i i � i y / i ` / / � / �T— — � _—. `�D s l� �- 0 _ -� ———————�'_ :� / / / >) s- r � � R�� / ✓� a. ° / �zi,87�r�v S �.P / c� / / � y b / s �o � / 3 c `� / i5� � • � �� � / / t�•�� , � 'I YJ/./L•'• � _.-' �-- —A�E—. — e N _ � b � � ne� �# ��s z io9L N J /� /1 �� ��S � O\Q S1� S A 6 '5 4 A 2 � q 3i� , ° g ' _��• � , � Z} I � I '� � � i ., >� � L3� . � , ., �' J`�J .- , . . G : ; .�.. o , � , ��' � , ; i / i � r , , , �; � � o�a�`@4�931a�� i '( a i i .-� �q �,�3 ,, �� ! � � � � , ` � � � �� ` ��, ; �� �� ► � I ' � � � L� , f ,1 �� J[ i� � � �� � i I �f ��7��039 , q 17'7acl f � � i � ` . { 3�, l � �' � �' f � �i �, � ; , o; � � � ;= " • ; "1• � � ' �: � ; . ! . � .- ' � ` i . " �� ,. l . � . - - .�� ; � ' . � ;�- �. , � ' I � .-. . .." � `� , ! � � _+• � � / � j , � � � .%� ' ' j i . ' �� . � y /9D � / • . � �' � � i � � �l . � , : �f ° �.. i � : -� r. ' �'✓ , �� R9'-��� I30TICE OF PUBLIC HEARII3G Notice is hereby given that the petition of The Saint Paul Port Authority for the vacation and releasing of utility easements of that part of Western Avenue lying northerly of vacated Palace Street, as more fully described on £ile and on record in the office of the City Clerk of Saint Paul, Minnesota, 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 the 14th day of April, 1999 at 5:30 P.M. Dated March 9, 1999 Shari Moore Deputy City Clerk (March 13, 1999) ��� o.,F.= >.. ..,, � t°r,�? � t. : a �, � ��:�� i�� Yark Square Court 400 Sibley Street St. Paut, 1YII3 55101 651-227-8571 Fas: 651327-1705 ���� Gommonweatth CoMMOr.�LTx LnrrD T[TT,E IrrsuxnNCE CoMrnv� December 28, 1998 Mr. Chuck Derscheid Port Authority of the City of Saint Paul 1900 Landmark Towers 345 St. Peter Sueet St. Paul, MN 55102-16b1 q�-� 3 �. RE: 98-227 Abstraetor's Certificate Deaz Mr. Derscheid: Commonwealth Land Title Insurance Company does hereby certify that as of October 13, 1998, a search of [he public ta�c records in and for Ramsey County, Minnesota, discloses the names and addresses of the property owners adjoining the land described in Exhibit B attached hereto. (See Exhibit A attached hereto.) Also enclosed for your conveaience is our memo invoice detailing our costs. Respectfuily, COMMONWEALTH LAND TITLE INSURANCE COMPANY �G.�-�"� �..e.t.--._ Robert A. Anderson Licensed Abstracter 'his report cites matters appearing in the public records of Ramsey County, Minnesota, and is not to be onstrued as an opinion of title. Commonwealth Land Titie Insurance Company disclauns any liability for -rors or omissions. iclosure �q �� a File No. 98-227 E�ibit A Yroperty Tax ID No. i. 12-28-23-12-0034 2. 12-28-23-12-0035 3. 12-28-23-24-�052 Fee Owner/ Address Pon Authoriry of St. Paul Landmark Towers 345 St. Peter Street, Ste 1900 St. Paul, MN 55102-1661 State of Minnesota Trust Exempt 50 Kellogg Blvd W. Ste 620B St. Paul, MN 55102-1557 Ashland Chemical, Inc. P.O. Box 14000 Lexington, KY 40512-400Q �t-�3� File No. 98-227 Exhibic B That part of Westem Avenue as dedicated in the plat of Stinson, Brown and Ramsey's Addition to St. Paul, according to the recorded plat thereof, Ramsey County, Minnesota, which lies Northerly of the hereinafrer described "Line A" and Southerly of the hereinafter described "Line B". 'Zine A" is described as commendin� at the intersection of the West line of Lot 8, in Partition Plat, an addition to St. Paul, Minnesota, being a subdivision of the Northwest Quarter of the Northeast Quarter and Government Lot 2, Section 12, Township 2$, Range 23, Ramsey County, Minnesota, the same being the North and South Quarter line of said Section 12 with the Northerly levee line as establashed by Order of Common Council dated April 22, 1886, filed of record 7une 27, 1888, in the o�ce of the Register of Deeds, Ramsey Counry, Minnesota, and filed of record in Book 4 of Street Openings, Page 22; thence North, along said West line of Lot 8, a distance of 326.66 feet to an iron monument at the intersection of the Easterly extension of tHe 5outh line of Block 16, Stinson, Brown and Ramsey's Addition to St. Paul, according to the recorded plat thereof, Ramsey County, Minnesota, said point being the point of beginning of said "Line A" to be described; thence North 89 degrees 38 minutes West, along said South line of Block 16, and said line extended East, a distance of 431.72 feet to an iron monument and said "Line A" there terminating. "Line B" is described as beginning at the termination of said "Line A"; thence North 4Q degrees 59 minutes East a distance of 1748.05 feet to an iron monument, being 65.00 feet West of, as measured at right angles to, the East line said Lot 14 and 1318.07 feet North of said levee line, measured along the West line of the East 65.00 feet of said Lot 14 and said "Line B" there terminating. �� CERTIFICATE OF INTENDED NON-USE AE'CE�VE gq°3 � � 'JAN 2 6 1999 THE HONORABLE MAYOR t1ND MEMBERS Tq OF THE COUNCII, OF TF3E � e CTTY OF SAINT PAUL Vacation File # 24-1997 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: part of Western Avenue lying northerly of vacated Palace Avenue (as shown on Attachment "A" and accompanying map) except as here noted: (J� LU't�% �t�t.s �c.�o ��(,'�i�s i� ,�/� vf.% ;�- �� A�ov.� o�-.�� ���� d ,�s�,.�P�' p�a � D /.�e Y�,s er vc� US West MINNESOTA D.�aTn > ) its ��t�� � f�� �e.� �T�� L��,� Signature p The foregoing inshument w�< acknowledged befo[e me this day oi 1998, b / R e�'i. J Gih'�5�/ �,z G 5.L'r °� Gc1�. ��i ,�ir (�5 lN�3T /r/ �inn. a �a�cr<�a ��r� undu the7aws of the STate of Minnesota. �' '"tie STEVEN S. CARl.S�,.. �4 NDTMYPUBUC•1N� �e�' MYCOAIMISSIONF� •...• anNU axtst.�0o . �---.�^�,^---- �=_�,.--�� �� , � Notazy c, Dakota CounTy, Minnesou� '� Mycommissionexpices \ � ** Please return this original copy to 140 Gity Hall, St. Paul, MN 55102 * CERTIFIGATE OF INTENDED NON-USE RECEiVED C/�f'J v`�, OF TE3E COU�IVCIL OF A�OR 1�ND MEMBERS FEB � 3 199� �� Matter of CTTY dF SAIN f PAUL R� ESTATE G� �,�,��acation Fale # 241997 The undersigned hereby certifies, on behalf of the indicated department or company, that it does ttot intend to exercise its utility rights in the realty described below: part of Western Avenue lying northerly of vacated Palace Avenue (as shown on Attachment "A" and accompanying map) except as here noted: NONE MINNESOTA > HENNEPIN � Northern States Power Co. Elecuic Division ItS Real Estate Representative �/����/// � /1 � �u4 ��'� /1 � ! � !l Signature Thefocegoinginstrumentwasaclmowledgedbeforeme[Ius ZRd dayof FODYUdYy , 199� by Vera—Mae R. Kasprowicz , ti 1z Real Estate Representativ op Northern States Power Company � undei the laws of the State of Minnesota. ��� tuIARGAAET M. MAAHS tl N6TARY Pll�lC - WNNESOTA My Cammi�nn E�kes Jart 37� e000 � f P Minnesota Corporation � �� Notaty Pi blic, nepm County, Minnesotn. ( M �o�ss, , a����< 3 ** Please return this original copy to 140 City Hall, St. Paul, MN 55102 ** CERTIFICATE OF INTENDED NON-USE a����� THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF SAINT PAUL In the Matter of Vacation File # 24-1947 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: part of Westem Avenue lying northerly of vacated Palace Avenue (as shown on Attachment "A" and accompanying map) except as here noted: NtiNNtiSOlA RAMSEY N.S.P. - Gas Distribution Its `S�J2�i�G��'�i �'sa S ��e-d �� Signature > The fozegoing instcmnent was xlatowledged bef�z me t}vs �� day of ��Cw`�R-F`� � t L 1 ,�JA83. bY ����� L-�2 ''�- ,the � S S� L`<g ��� �u9 2-.�•ei /' � of � S� . a �qu/E( i� L.6�'� • nndex tha kaws of the State of PvTinnesota. •�'\ p�a�Jeaf� df. sRo/aeffe (ai`ii➢l1'sl �o*�t+rrn�t��wVrrsot� s� • MY COMM15510N IXPIRES )ANUARY 34, 20q! � - _��� Noury Publi , tamszy County, A3mnasota. Mycoturnissionexpires ( ** Please return this. original copy to 140 City Hail, St. Paui, MN 55102 ** CERTIFICATE OF INTENDED NON-USE a�` 3 � THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF S[�INT PAUL In the Matter of Vacation File # 24-1997 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: part of Westem Avenue lying northerly of vacated Palace Avenue (as shown on Attachment "A" and accompanying map) except as here noted: DISTRICT ENERGY ST. PAUL, INC.,AP16 DISTRICT COOLING ST. PAUL, INC., NAVE NO cQUIPMENT I�S TH� AREA TO S� VACATED Ai�D tiAb'E NO OBJECTIOR TO THE UACATION. District Energy and Cooling St. Paul, Inc. Its � Y` cs i � �.u:�ns�.� � �� > Signature RAMSEY � The foregoing ins4ument was acknowledged before me tlus { 3� day of _ �0.-y� (,t,tLY N 199� bY �f'Id.�Y'S `� • OS�-1d.o-�1Cs.-v' .the (� f GSi �-r.�' of �ISIYic� �'J1a"4c+ ����1� � m� r;nu�'c�ah-Pra Lch�eY�'161� under [he laws of the S[ate of Vlinnesot �� al i � sT 9"a�� y_.y� <. J t MnMMMM/in���MJJ+hMMNNM� �.�, TRU�� L. SHERW000 > <�;;:�';� NG7Aft7?UB�IC-hlti3 ��i WASHIM1GTONCOUNTY My Comm. ExpSres Jan. 31, 2000 XVWVWWVVVVVVVVVVVWVVWVWVWVW • �� � �� Notaty Publiq Ramsey C , Minnrsota. My commvssion e�ires � o� �, O a '` * Please return this original copy to 140 City Hall, St. Pauf, MN 55102 *" CERTIFICATE OF INTENDED NON-USE �q�3��- THE HONORABLE MAYOR AND MEMBERS OF THE COUNCTL OF THE CTI`Y OF SAINT PAUL In the Matter of Vacation File # 24-1997 The undersigned hereby certifies, on behalf of the indicated department or company, that it does not intend to exercise its utility rights in the realry described below: part of Westem Avenue lying northerly of vacated Palace Avenue (as shown on Attachment "A" and accompanying map) except as here noted: ``(��,� ,� �,�, �� g R� ��C,� � p�j, S v C�C�,�sZ MediaOne ���,� ���� Its '� �.C)(� f �> c�e.�l�� ���:��o�ti > RAMSEY Sig ature The fotegoing inst[ument was aclmowledged before me this _��� day of �.�'� . 199' by D Y'r„N. �'nYt� /fL� .che �)!1lL�DJNr4702 of �ED/� ,a L�D2�Jb2i9'T/n/� undzr the ]aws of the Statz of Minneso[a. � a :lED� A, 9RF'&Z � �� 84�TARY �61C-611N4lES08�e Notazy Public, Ra y Counry, Minnesow. �RAMSEY CAUMYY �Y Comrro. @�ros ian. 33;,'aOQ� y My commission e�ues /- 3/ �� O U s ** Please return this original copy to 140 City Hall, St. Paul, MN 55102 ** CER'fIFIGATE OF INTENDED NON-USE t�q,332- THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF SAIN'T PAUL In the Matter of Vacatian File # 24-1997 The undersigned hereby certifies, on behalf af the indicated department or company, that it does not intend to exercise its utiliry rights in the realty described below: part of Western Avenue lying northefly of vacated Palace Avenue (as shown on Attachment "A" and accompanying map) except as here noted: MINNESOTA RAMSEY Depazmient of Public Works RE CE7V�p fi � f999 R � FSTqT F 0 iV1SlpN Its .l�JJ2.�C`T-O.� ) > Signature ) The forego�ng instrument was acknowledged before me this � day of /��UR � Y _}44% by �J7���J� V• �C7L�U� the L1.e�T��� of �r,P�trL �uB�i� vila,e�s ,a 1`�'luntr��P,�� L��Po�A-Tia�� under the laws of the State of Minnesota. a CYNTM7AANNE WOOD � MOTII0.Y R18fJC • 16!&IESOiA RAt�f COUNTI' � Ml�bt�E7p6K.12t1'.�1.2000 s C+�vv��-�� L�.�v.o.. �1,�'rar� No Public, Ramsey County, Min¢esocs. My commissioa eapires � v� � f� p� U v ** Please return this original copy to 140 City Hali, St, Paui, MN 55102 ** cERTiFiCATE OF INTENDED NON-USE TI-iE HONORABLE MAYOR Ai�(D v1EViBERS OF THE COUNCIL. OF TEIE CTTY OF SA.INT PAUL �R�� �� In the �Iatter of Vacation Fi1e � 24-1947 The undersi;ned hereby ce�es, on behaif of the indicated depaztment or company, rhat it does not in[end to exercise ics urility riahts in the rzalry described below: part of Westem Avenue Iyine norrheriy of vacated Paiace Avenue {as shown on Attachment "A" and accompanyina map) except as here noted: Water Utiliry Z� General Manager � � p � ---- MINNESOT� � f > s1�3iUI'e " l. RAitifSEY ) The foregoing ins¢umant was aclmowiedged befaa me this 13 t f7. day of SdIlUdIp ,`+�g,� j) 94 > by Bernie R. Bullert u,e General ManaPer oe the Saiat Pau1 Water Utilitv a munfcinai corooration of the Citv of Saint�aul under Ute laws of the Stata of Minaesota. s Sfi1RtEY A. 16NE3 MQTARY PUBUC-MiNNE507A RnMSer cauwrr aYCamm. Ezplreylan. 31� 2qOp k inr.. ..... My wmmisnoa aspirrs � '* Piease return this original copy to 14d City Ha11, St. Paul, MN 551 Q2 #" ' ' "� ATfACHMENT "A" LEGAL DESCRIPTION OF AREA TO SE VACATED . . . . . . . . . . . . . . . VACATION FILE 24-1997 ��/�� � That part of Western Avenue as dedicated in the plat of Stinson, Brown and Ramsey's Addition to St. Paul, according to the recorded plat thereof, Ramsey County, Minnesota, which lies northerly of the hereinafter described "Line A' and southerly of the hereinafter described "Line B". "Line A" is descrined as commencing ai fhe intersection of the wesi fine of tot 8, in Partition Plat, an addition to St. Pauf, Minnesota, being a subdivision of the Northwest Quarter of the Northeast Quarter and Government Lot 2, Section 12, Township 28, Range 23, Ramsey County, Minnesota, the same being the North and South Quarter line ot said Section 12 with the northerly ievee line as established by Order of Common Council dated April 22, 1886, tiied June 27, i888, in the office of the Register ofi Deeds, Ramsey County, Minnesota, and filed in Book 4 of Street Openings, Page 22; thence north, along said west line of Lot 8, a distance of 326.66 feet to an iron monument at the intersection of the easterly extension of the south line of Block 16, Stinson, Brown and Ramsey's Addition to St. Paul, according to the recorded plat thereof, Ramsey County, Minnesota, said point being the point of beginning of said "Line A" to be described; thence North 89 degrees 38 minutes West, along said south line of Block 16, and said line extended east, a distance of 431.72 feet to an iron monument and said "tine A" there terminating "Line B" is described as beginning at the termination of said "Line A'; thence North 40 degrees 59 minutes East a distance of 1748.05 feet to an iron monument, being 65.00 feet west of, as measured at right angles to, the east line of said Lot 14 and 1318.07 feet nor�h of said !evee line, measured along the wes: line of the east 65.00feet of said Lot 14, and said "Line B" there terminating. .�:: v�.��.�..._.�._... ie, R.LS. Mfnn. Reg. No. 8612 ed Aprii 11, 1989. r 22.� 1989. 27, i 997 (Updote cnd recertify) Ig97 (Feb.il, 1997titie commitment) 37 ( Update) 'OACH ENT /�� �_ 4 2� y c' -6'tYCLONE FENCE ��� � z — POST SCALE ' , � / / � , , _ r/ .. :� / r �� GP C� �` / � �p� S / i ��i� / / f � ' 50. � // � t I G /� 33 lP , PP ! W � � ` W / - y y � �'J , / � � � 4. � O " e � { v �/` � � � �� I�� � (� � Q �, _��� \� t � i �.� 4 e a 2a�� 92,000 SQ. FT. � v ' , ��� 2. //2 ACRES � k� ���� � � � � r � �� `� � t� � �� � I \ i � � _,::;_... �. N � � J i � � �J �;:=;��;�:`�' ?':����: ;=�rt`_.:. (� x � �/ PP Q C+i � I \ 1 ' � / � � � � ` - � � _ __ .. v. :, . / � { -� � i )1:.�.� i::......_._ ..... .::..... 2 � I ) �`,l.__..F�. �.�:':.>'1,^_.:''i'.-�'�.�;r�.-���.i�' . � � � � / !+ \\ � - : . �j ,. �:J:t::�.t:=_::. - / O -�";.:�5::':�?..:'E_^'.i::r:.:A�;ti;"y:_215:;�?�S:is-::":: / . �yG � I ., F11�L. � �T�FTAt�$ �R M K :` . � 2.0'� 0 _ ` � I ��_�_ / \ V � ;�!'`" " - � ' _ : � - - -� � �j..�: < r1 !7 \ ' � � \ `� ' '� 'i'.�?�' 1.�`:i''.._`:: , /' ( ' ^ \ / ` .�'.. _ t.`:.: . '4' . / /1 4� � \ — "i:�,r� '" Y ` y ' s::.'• ' � I � r , �: � _<�_ . . .,... _� \ J I V J� J L— I �� �:�s�;�::'�� �" • W � - `__ ^ ( � _ � _ r � �::_,_�s � � �� � � i r J /- �� �.� � _ � � ag` Q � o ev � ' 33 l _ `OF DI KE 431.72� �� ` I ry O.H. ELEC. 4� CYCIONE ` `� �`` =�- - � N 89°�O � e' CYCION -A � � -{'J �c sPUrt � � / 1 - ! \ �R H�CB _" ' "_` _ ' I -� L_ I'� / GONC, I'� V C_. — CUpB . S'C���jS- __ ilaL'9�="� i � f � i "' \ I 1 / �(.� I/ _ f` ` � �.�� ;_`� L l ! '� I ; ? I' � I \i �, / ` I .� C � � � l� 1 l .i FENCE i � r vl � l � , .__::. � , . �� { � 1 � 1 mpN N OQ� �H� pJ0 a W W z r0 Z J O � � � F-F-_ wc'�N 3�zF J �_. -,;, �,� 33 O � .i R t 1 � .'"_ � �, , . � , n.. l I ...�:�?�r--.:«.�� `� �������'"�"�����.: __.. .� � Z c� ��� i 33 i' ci Return copp to: Real Estate Division 140 City Hall V��V���i� Presented By Referred To Committee: Date �� i BE IT RESOLVED, that, upon the petition of the Port Authority of the City of Saint Paui as 2 documented in Finance Department File Number 24-1997, public properties hereinafter described are 3 hereby vacated and discontinued as public proper[y: and, subject ta the herein stated exceptions the 4 easements within those public properties are hereby released. 6 The property to be vacated is described as follows: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 That part of Western Avenue as dedicated in the plat of Stinson, Brown and Ramsey's Addition to St. Paul, according to the recorded plat thereof, Ramsey County, Minnesota, which lies northerly of the hereinafter described "Line A' and southerly of the hereinafter described "Line B „ "Line A" is descrlbed as commencing at the intersection of the west line of Lot 8, in Partition Plat, an addition to Sx Paul, Minnesota, being a subdivision of the Northwest Quaster of the Northeast Quarter and Government Lot 2, Sectiott 12, Township 28, Range 23, Ramsey County, Minnesota, the same being the North and South Quarter line of said Section 12 with the northerly levee line as established by Order of Common Council dated Apri122, 1886, filed June 27, 1888, in the office of the Register of Deeds, Ramsey County, Minnesota, and filed in Book 4 of Street Openings, Page 22; thence north, along said west line of Lot 8, a distance of 326.66 feet to an iron monument at the intersection of the easterly extension of the south line of Block 16 Stinson, Brown and Ramsey's Addifion to St. Paul, according to the recorded plat thereof, Ramsey County, Minnesota, said point being the point of beginning of said "Line A" to be described; thence North 89 degrees 38 minutes West, along said south line of Block 16, and said line extended east, a distance of 431.72 feet to an iron monument and said "Line A" there terminating "Line B" is described as beginning at the tetmination of said "Line A' ; thence North 40 degFees 59 minutes East a distauce of 1748.05 feet to an iron monument, being 65.00 feet west of, as measured at right angles to, the east line of said L,ot 14 and 1318.07 feet north of said levee line, measured along the west line of the east 65.00feet of said Lot 14, and said "Line B" there terminating. Council File # �1q- 33� Green Sheet # RESOLUTION SAINT PAUL. MINNESOTA 32 This vacation shall be subject to the terms and cottdition of Chapter 130, codified March l, 1981, of the 33 Saint Paul Legislative Code as amended, and to the following conditions: 34 Q`t -�3> 1 1. That the petitioner's, their successors and assigns shall pay $500.60 as an administrative fee for this 2 vacauon which is due and payabie within 60 days of the effecfive date of this resolution. 4 2. That, with the accompanying Utility Easement Certificates of Intended Non-Use, filed voluntarily on 5 behalf of U.S. West Communications, Incorporated, Northern States Power Company, District 6 Energy St. Paul, Incorpozated, MCI Metro Incorporated, MediaOne, The Water Utility, and'I`he 7 Department of Public Works, made a part hereof by this reference and filed in the office of the City 8 Clerk of Saint Paul, the City, for itself and on behalf of these corporations and departments, waives 9 the right to the utility easements in the vacated area described above. 10 ll 3. That the petiuoners, their successors and assigns agree to indemnify, defend and save harmless the 12 City of Saint Paul, its officers and employees from all suits, actions or claims of any character 13 brought as a resuh of injuries or damages received or sustained by any person, persons or property on 14 account of this vacation or petitioners' use of this property, including but not limited to, a claim 15 brought because of any act of omission, neglect, ox misconduct of said petitioners or because of any lb claims or liability arising from any violation of any law or regulation made in accordance with the 17 law, whether by the petitioners or any oP their agents or employees. 18 14 4. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this 20 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolufion and 21 shall, withitt the period(s) specified in the terms and condifions of this resolution, comply in all 22 respects with these terms and conditions. Requested by Department of: Technoloev & Manaeement Services By: ���.C.GI �'��lt�'U� �,� ` Director Form Approved by City Attorney ���� B �-��l✓cw�.. 7/���9 � �"���.._,�. �.i�. • � � � -.s/ � � : � � � � � . � � . - �lnl�' � t,�/ � � , / : � ,�� � i�i��i �� � - �.c=..i � Adopted by Council: Date � •����°, Adop�ioa Cettified by Council Secretaty T.M.S./REAL E5TATE DIVISION f Date: Peter White � i�.�: I �on�o���b Apri114, 1999 rAL # OF SIGNATURE PAGES 1 1ZON REQUESTED: March 2, 1999 Green y ranxzs�NTn 1 ITY AITORNEY � 3 �YOR (OR ASSS3Lf ALL LOCAITONS FOR Nwnber: 63688 4 r,y cowcu, . 3 ITY CI ERH FFICE OF FINANCIAL SvCS. To vacate a portion of Western Avenue lying northerly of vacated Palace Street and to release easements therein.. Ref: 1. Resolution for consideration; 2. Petition to vacate; 3. Ownerslup Report; 4. Map of area to be vacated; 5. Certificates of Intended Non-Use. �R56NAL SERVICE CONTRACl'S MUST ANSWER THE FOLLOWING: HasthepersoWfumeeerworkedmderacontradforthisdepartment? YES NQ rr,nHIViNC comm�ssioN g sraeF Has fhis persoNSrm ever Leen a City employee? crvn, serzv`ce coarnuss[ox Does this prrsoNSrm possess a s1o71 not nornwDp nossessed by anp current CStg emplopce? cm contnni�rse WffiCH COUNCfL . 2 vi.sTxicr 9 PLANNING CO L VG PROBLEM, ISSUE, OPPORTITNiTY (4VLo, What, Wheo, Where, Why?): The Port Authority would like to prepare adjoining property for industrial developu�ent. �GES IF APPROVED: The adjoining property would be more viable for development. IF APPROVSD: None 1VTAGES IF NOT APPROVF,D: � The adjoining property would be less viable for development. AMOITNI' OF TRANSACfION: FiINDING SOURCE: +iPIANCSAI. L�iFORMATION: (EXPI,AIC� ��.QQ NIA and attarh. RECElVED �� Q 4 t999 REAC ES_TA� D1Y�(0� YES NO YES NO The Councit Hearing on this matter is set for April 14, 1999 V�r'i:�'tim?f s � . �eG+s , > • ='.'+ t ��� .�. � ��� COSTfRI�: VEN[TE Bi7DGETED (CII2CLE ONE) YES iY0 ACTIVITY NL7MBER . . _. � fA � The $5W.00 represents the acbministrative fee for vacations. 21TY OF THE Ci11' OF SAINT PAUL ,,.,., ., ,,.,.,.,ARK TOWERS • 345 ST. PETER STREET • ST. PAUL MN 55102-1661 PETTTI�N FQR VACATION QF PORT`IONS OF WESTERN AVENUE o�q .'3'33— ;.�� �y� C� FAX (692) 223-5198 TOLL FREE (800) 328-8417 • PHONE (612) 224-568b TO: THE HONORABLE COUNCIL PRESIDENT AND MEMBERS OF THE CITY COUNCIL YOUR PETITIONER, the Port Authority of the City of Saint Paul respectfully states and alleges that we are the fee owners of record of the real estate abutting Westesn Avenue further described as follows: That part of Western Avenue as dedicated in the plat of Stinson, Brown and Ramsey's Addition to St. Paul, aacording to the recarded plat thereof, Ramsey County, Minnesota, which lies northerly of the hereinafter described "Line A" and southeriy of the hereinafter described "Line B". "Line A" is described as commencing at the intersection of the west lane of Lot 8, in Partition Plat, an addition to St. Paul, Minnesota, bein� a subdivision of the Northwest Quarter of the Northeast Quarter and Government Lot 2, Section 12, Township 28, Ran�e 23, Ramsey County, Minnesota, the same being the North and South Quarter line of said Section 12 with the northerly levee line as established by Order of Common Councii dated Apri( 22, 1886, filed 3une 27, 1888, in the office of the Reaister of Deeds, Ramsey County, Minnesota, and filed in Book 4 of Street Openings, Page 22; thence north, along said west line of Lot 8, a distance of 326.66 feet to an iron monument at the intersection of the easteriy extension ofthe south line ofBlock 16, Stinson, Bro�rn and Ramsey's Addition to 5t. Paul, according to the recorded plat thereof, Ramsey County, Minnesota, said point bein� the point of be�innina of said "Line A" to be described; thence North 89 degrees 38 minutes West, along said south line of Block 16, and said line extended east, a distance of 431.72 feet to an iron monument and said "Line A" there terminating. "Line B" is described as be�inning at the termination of said "Line A"; thence North 40 degrees 59 minutes East a distance of 3 748.05 feet to an iron monument, being 65.00 feet west of, as measured at right an�les to, the east line said Lot l4 and U 18.�7 feet north of said levee line, measured along the west line of the east 65.00 feet of said Lot 14 and said "Line B" there terminatin�. � a �.��� The proposed area to be vacated is colored in red on the attached Exhibit. The proposed vacation is required for the orderly development of the land. Your Fetitioner herein requests that there be no assessment of compensation to Petitioner on account of the value of the accrual; and that in ]ieu of a bond, and by acceptance of the terms of the vacation, the Port Authority agrees to fu}Iy indemnify, defend and save harmless the City of Saint Paul and the Board of Water Commissioners, its officers, agents, employees and servants from all suits, actions or claims which may arise from any injuries or damages received or sustained by a break in any service pipe, water main, or connection in said vacated areas, arising out of or resuiting from any action or negiigence of the Petitioner, its employees, agents or business invitees. Your Petitioner herein further requests that the provisions of the Saint Paul legislative Code, Chapter 130, pertaining to the reservation of easements be waived upon presentation to and approval by the City Council of Saint Paul. We request Certificates of Intended Non-Use over the vacated area for electrical, gas, water, sanitary sewer, storm sewer, U. S. West, Cable television, and any other parties interest. WHEREFORE, your Petitioner respectfully requests your Honorable Body to vacate the portions of Western Avenue for the purposes above-stated. PORT AUTHORITY OF THE CITY OF SATNT PAUL : � ���-. � � G:�raglweslnvac Interdepartmental Memorandum CITY OF SAINT PAUL To: All Council Me From: Peter White Right of Way En ' r 140 Citp Ha11 Date: March 8, 1499 S��a��et; 1�ai� �egactsa�enti'Va�axi�n �i2e?+ta:"��1:9�7 1 recommend a public hearing before the City Councii be held on t1p�I'.14,1.9�9 . 3 �— ��"� The purpose of this hearing is to consider vacaring part of Western Avenue lying northerly of vacated Palace Street, and releasing uulity easements therein. This praperry is located in City Council District �, Planning District �_ The subject peution is in proper form and has been signed by the requisite number of property owners. cc: Shari Moore `+d'usa�4'•.�"•� ;." °.'''."rf� lr:u3`!�%° �Q �'s�� �a � ��a� ST. PAUL CITY COUNCIL PUBLIC HEARING NOTiCE STREETIALLEY VACATION �q-33� City Council Ward # 2 Planning District # 9 NANCY ANDERSON CITY GOUNCIL RESEARCH 310 CITY HALL PURPOSE PETITIONER HEARING QUESTIONS MAP (attached) Notices sent: File No. 24-1997 to consider vacating the City's interest in part of Western Avenue lying northerly of vacated Palace Street, and releasing utflitY easements therein the Port Authority of the City of 5aint Paul The Council will conduct a public hearing on tttis vacation on Wednesday, Apri114�1999 in the Council Chambers on the third floor of City Hall. Public Hearinas begin at 5:30 P.M. Call 266-8850 and refer to the file number above. City staff will be available unti14:30 in Room 140 City Hall to answer any last-minute question on this projec� by Real Estate Division Dept. of Technology and Management Services Room 140 City Hall - Court House Saint Paul, Minnesota 55102 �;�+�?��;� ��^�a��� �,--`�r �?,�� � � '� °� o i � r �� ; � C �, F , �I � ' �i ' � � _ .�'_ _ _ i I I 1 ��� � _� � i i � i y / i ` / / � / �T— — � _—. `�D s l� �- 0 _ -� ———————�'_ :� / / / >) s- r � � R�� / ✓� a. ° / �zi,87�r�v S �.P / c� / / � y b / s �o � / 3 c `� / i5� � • � �� � / / t�•�� , � 'I YJ/./L•'• � _.-' �-- —A�E—. — e N _ � b � � ne� �# ��s z io9L N J /� /1 �� ��S � O\Q S1� S A 6 '5 4 A 2 � q 3i� , ° g ' _��• � , � Z} I � I '� � � i ., >� � L3� . � , ., �' J`�J .- , . . G : ; .�.. o , � , ��' � , ; i / i � r , , , �; � � o�a�`@4�931a�� i '( a i i .-� �q �,�3 ,, �� ! � � � � , ` � � � �� ` ��, ; �� �� ► � I ' � � � L� , f ,1 �� J[ i� � � �� � i I �f ��7��039 , q 17'7acl f � � i � ` . { 3�, l � �' � �' f � �i �, � ; , o; � � � ;= " • ; "1• � � ' �: � ; . ! . � .- ' � ` i . " �� ,. l . � . - - .�� ; � ' . � ;�- �. , � ' I � .-. . .." � `� , ! � � _+• � � / � j , � � � .%� ' ' j i . ' �� . � y /9D � / • . � �' � � i � � �l . � , : �f ° �.. i � : -� r. ' �'✓ , �� R9'-��� I30TICE OF PUBLIC HEARII3G Notice is hereby given that the petition of The Saint Paul Port Authority for the vacation and releasing of utility easements of that part of Western Avenue lying northerly of vacated Palace Street, as more fully described on £ile and on record in the office of the City Clerk of Saint Paul, Minnesota, 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 the 14th day of April, 1999 at 5:30 P.M. Dated March 9, 1999 Shari Moore Deputy City Clerk (March 13, 1999) ��� o.,F.= >.. ..,, � t°r,�? � t. : a �, � ��:�� i�� Yark Square Court 400 Sibley Street St. Paut, 1YII3 55101 651-227-8571 Fas: 651327-1705 ���� Gommonweatth CoMMOr.�LTx LnrrD T[TT,E IrrsuxnNCE CoMrnv� December 28, 1998 Mr. Chuck Derscheid Port Authority of the City of Saint Paul 1900 Landmark Towers 345 St. Peter Sueet St. Paul, MN 55102-16b1 q�-� 3 �. RE: 98-227 Abstraetor's Certificate Deaz Mr. Derscheid: Commonwealth Land Title Insurance Company does hereby certify that as of October 13, 1998, a search of [he public ta�c records in and for Ramsey County, Minnesota, discloses the names and addresses of the property owners adjoining the land described in Exhibit B attached hereto. (See Exhibit A attached hereto.) Also enclosed for your conveaience is our memo invoice detailing our costs. Respectfuily, COMMONWEALTH LAND TITLE INSURANCE COMPANY �G.�-�"� �..e.t.--._ Robert A. Anderson Licensed Abstracter 'his report cites matters appearing in the public records of Ramsey County, Minnesota, and is not to be onstrued as an opinion of title. Commonwealth Land Titie Insurance Company disclauns any liability for -rors or omissions. iclosure �q �� a File No. 98-227 E�ibit A Yroperty Tax ID No. i. 12-28-23-12-0034 2. 12-28-23-12-0035 3. 12-28-23-24-�052 Fee Owner/ Address Pon Authoriry of St. Paul Landmark Towers 345 St. Peter Street, Ste 1900 St. Paul, MN 55102-1661 State of Minnesota Trust Exempt 50 Kellogg Blvd W. Ste 620B St. Paul, MN 55102-1557 Ashland Chemical, Inc. P.O. Box 14000 Lexington, KY 40512-400Q �t-�3� File No. 98-227 Exhibic B That part of Westem Avenue as dedicated in the plat of Stinson, Brown and Ramsey's Addition to St. Paul, according to the recorded plat thereof, Ramsey County, Minnesota, which lies Northerly of the hereinafrer described "Line A" and Southerly of the hereinafter described "Line B". 'Zine A" is described as commendin� at the intersection of the West line of Lot 8, in Partition Plat, an addition to St. Paul, Minnesota, being a subdivision of the Northwest Quarter of the Northeast Quarter and Government Lot 2, Section 12, Township 2$, Range 23, Ramsey County, Minnesota, the same being the North and South Quarter line of said Section 12 with the Northerly levee line as establashed by Order of Common Council dated April 22, 1886, filed of record 7une 27, 1888, in the o�ce of the Register of Deeds, Ramsey Counry, Minnesota, and filed of record in Book 4 of Street Openings, Page 22; thence North, along said West line of Lot 8, a distance of 326.66 feet to an iron monument at the intersection of the Easterly extension of tHe 5outh line of Block 16, Stinson, Brown and Ramsey's Addition to St. Paul, according to the recorded plat thereof, Ramsey County, Minnesota, said point being the point of beginning of said "Line A" to be described; thence North 89 degrees 38 minutes West, along said South line of Block 16, and said line extended East, a distance of 431.72 feet to an iron monument and said "Line A" there terminating. "Line B" is described as beginning at the termination of said "Line A"; thence North 4Q degrees 59 minutes East a distance of 1748.05 feet to an iron monument, being 65.00 feet West of, as measured at right angles to, the East line said Lot 14 and 1318.07 feet North of said levee line, measured along the West line of the East 65.00 feet of said Lot 14 and said "Line B" there terminating. �� CERTIFICATE OF INTENDED NON-USE AE'CE�VE gq°3 � � 'JAN 2 6 1999 THE HONORABLE MAYOR t1ND MEMBERS Tq OF THE COUNCII, OF TF3E � e CTTY OF SAINT PAUL Vacation File # 24-1997 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: part of Western Avenue lying northerly of vacated Palace Avenue (as shown on Attachment "A" and accompanying map) except as here noted: (J� LU't�% �t�t.s �c.�o ��(,'�i�s i� ,�/� vf.% ;�- �� A�ov.� o�-.�� ���� d ,�s�,.�P�' p�a � D /.�e Y�,s er vc� US West MINNESOTA D.�aTn > ) its ��t�� � f�� �e.� �T�� L��,� Signature p The foregoing inshument w�< acknowledged befo[e me this day oi 1998, b / R e�'i. J Gih'�5�/ �,z G 5.L'r °� Gc1�. ��i ,�ir (�5 lN�3T /r/ �inn. a �a�cr<�a ��r� undu the7aws of the STate of Minnesota. �' '"tie STEVEN S. CARl.S�,.. �4 NDTMYPUBUC•1N� �e�' MYCOAIMISSIONF� •...• anNU axtst.�0o . �---.�^�,^---- �=_�,.--�� �� , � Notazy c, Dakota CounTy, Minnesou� '� Mycommissionexpices \ � ** Please return this original copy to 140 Gity Hall, St. Paul, MN 55102 * CERTIFIGATE OF INTENDED NON-USE RECEiVED C/�f'J v`�, OF TE3E COU�IVCIL OF A�OR 1�ND MEMBERS FEB � 3 199� �� Matter of CTTY dF SAIN f PAUL R� ESTATE G� �,�,��acation Fale # 241997 The undersigned hereby certifies, on behalf of the indicated department or company, that it does ttot intend to exercise its utility rights in the realty described below: part of Western Avenue lying northerly of vacated Palace Avenue (as shown on Attachment "A" and accompanying map) except as here noted: NONE MINNESOTA > HENNEPIN � Northern States Power Co. Elecuic Division ItS Real Estate Representative �/����/// � /1 � �u4 ��'� /1 � ! � !l Signature Thefocegoinginstrumentwasaclmowledgedbeforeme[Ius ZRd dayof FODYUdYy , 199� by Vera—Mae R. Kasprowicz , ti 1z Real Estate Representativ op Northern States Power Company � undei the laws of the State of Minnesota. ��� tuIARGAAET M. MAAHS tl N6TARY Pll�lC - WNNESOTA My Cammi�nn E�kes Jart 37� e000 � f P Minnesota Corporation � �� Notaty Pi blic, nepm County, Minnesotn. ( M �o�ss, , a����< 3 ** Please return this original copy to 140 City Hall, St. Paul, MN 55102 ** CERTIFICATE OF INTENDED NON-USE a����� THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF SAINT PAUL In the Matter of Vacation File # 24-1947 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: part of Westem Avenue lying northerly of vacated Palace Avenue (as shown on Attachment "A" and accompanying map) except as here noted: NtiNNtiSOlA RAMSEY N.S.P. - Gas Distribution Its `S�J2�i�G��'�i �'sa S ��e-d �� Signature > The fozegoing instcmnent was xlatowledged bef�z me t}vs �� day of ��Cw`�R-F`� � t L 1 ,�JA83. bY ����� L-�2 ''�- ,the � S S� L`<g ��� �u9 2-.�•ei /' � of � S� . a �qu/E( i� L.6�'� • nndex tha kaws of the State of PvTinnesota. •�'\ p�a�Jeaf� df. sRo/aeffe (ai`ii➢l1'sl �o*�t+rrn�t��wVrrsot� s� • MY COMM15510N IXPIRES )ANUARY 34, 20q! � - _��� Noury Publi , tamszy County, A3mnasota. Mycoturnissionexpires ( ** Please return this. original copy to 140 City Hail, St. Paui, MN 55102 ** CERTIFICATE OF INTENDED NON-USE a�` 3 � THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF S[�INT PAUL In the Matter of Vacation File # 24-1997 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: part of Westem Avenue lying northerly of vacated Palace Avenue (as shown on Attachment "A" and accompanying map) except as here noted: DISTRICT ENERGY ST. PAUL, INC.,AP16 DISTRICT COOLING ST. PAUL, INC., NAVE NO cQUIPMENT I�S TH� AREA TO S� VACATED Ai�D tiAb'E NO OBJECTIOR TO THE UACATION. District Energy and Cooling St. Paul, Inc. Its � Y` cs i � �.u:�ns�.� � �� > Signature RAMSEY � The foregoing ins4ument was acknowledged before me tlus { 3� day of _ �0.-y� (,t,tLY N 199� bY �f'Id.�Y'S `� • OS�-1d.o-�1Cs.-v' .the (� f GSi �-r.�' of �ISIYic� �'J1a"4c+ ����1� � m� r;nu�'c�ah-Pra Lch�eY�'161� under [he laws of the S[ate of Vlinnesot �� al i � sT 9"a�� y_.y� <. J t MnMMMM/in���MJJ+hMMNNM� �.�, TRU�� L. SHERW000 > <�;;:�';� NG7Aft7?UB�IC-hlti3 ��i WASHIM1GTONCOUNTY My Comm. ExpSres Jan. 31, 2000 XVWVWWVVVVVVVVVVVWVVWVWVWVW • �� � �� Notaty Publiq Ramsey C , Minnrsota. My commvssion e�ires � o� �, O a '` * Please return this original copy to 140 City Hall, St. Pauf, MN 55102 *" CERTIFICATE OF INTENDED NON-USE �q�3��- THE HONORABLE MAYOR AND MEMBERS OF THE COUNCTL OF THE CTI`Y OF SAINT PAUL In the Matter of Vacation File # 24-1997 The undersigned hereby certifies, on behalf of the indicated department or company, that it does not intend to exercise its utility rights in the realry described below: part of Westem Avenue lying northerly of vacated Palace Avenue (as shown on Attachment "A" and accompanying map) except as here noted: ``(��,� ,� �,�, �� g R� ��C,� � p�j, S v C�C�,�sZ MediaOne ���,� ���� Its '� �.C)(� f �> c�e.�l�� ���:��o�ti > RAMSEY Sig ature The fotegoing inst[ument was aclmowledged before me this _��� day of �.�'� . 199' by D Y'r„N. �'nYt� /fL� .che �)!1lL�DJNr4702 of �ED/� ,a L�D2�Jb2i9'T/n/� undzr the ]aws of the Statz of Minneso[a. � a :lED� A, 9RF'&Z � �� 84�TARY �61C-611N4lES08�e Notazy Public, Ra y Counry, Minnesow. �RAMSEY CAUMYY �Y Comrro. @�ros ian. 33;,'aOQ� y My commission e�ues /- 3/ �� O U s ** Please return this original copy to 140 City Hall, St. Paul, MN 55102 ** CER'fIFIGATE OF INTENDED NON-USE t�q,332- THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF SAIN'T PAUL In the Matter of Vacatian File # 24-1997 The undersigned hereby certifies, on behalf af the indicated department or company, that it does not intend to exercise its utiliry rights in the realty described below: part of Western Avenue lying northefly of vacated Palace Avenue (as shown on Attachment "A" and accompanying map) except as here noted: MINNESOTA RAMSEY Depazmient of Public Works RE CE7V�p fi � f999 R � FSTqT F 0 iV1SlpN Its .l�JJ2.�C`T-O.� ) > Signature ) The forego�ng instrument was acknowledged before me this � day of /��UR � Y _}44% by �J7���J� V• �C7L�U� the L1.e�T��� of �r,P�trL �uB�i� vila,e�s ,a 1`�'luntr��P,�� L��Po�A-Tia�� under the laws of the State of Minnesota. a CYNTM7AANNE WOOD � MOTII0.Y R18fJC • 16!&IESOiA RAt�f COUNTI' � Ml�bt�E7p6K.12t1'.�1.2000 s C+�vv��-�� L�.�v.o.. �1,�'rar� No Public, Ramsey County, Min¢esocs. My commissioa eapires � v� � f� p� U v ** Please return this original copy to 140 City Hali, St, Paui, MN 55102 ** cERTiFiCATE OF INTENDED NON-USE TI-iE HONORABLE MAYOR Ai�(D v1EViBERS OF THE COUNCIL. OF TEIE CTTY OF SA.INT PAUL �R�� �� In the �Iatter of Vacation Fi1e � 24-1947 The undersi;ned hereby ce�es, on behaif of the indicated depaztment or company, rhat it does not in[end to exercise ics urility riahts in the rzalry described below: part of Westem Avenue Iyine norrheriy of vacated Paiace Avenue {as shown on Attachment "A" and accompanyina map) except as here noted: Water Utiliry Z� General Manager � � p � ---- MINNESOT� � f > s1�3iUI'e " l. RAitifSEY ) The foregoing ins¢umant was aclmowiedged befaa me this 13 t f7. day of SdIlUdIp ,`+�g,� j) 94 > by Bernie R. Bullert u,e General ManaPer oe the Saiat Pau1 Water Utilitv a munfcinai corooration of the Citv of Saint�aul under Ute laws of the Stata of Minaesota. s Sfi1RtEY A. 16NE3 MQTARY PUBUC-MiNNE507A RnMSer cauwrr aYCamm. Ezplreylan. 31� 2qOp k inr.. ..... My wmmisnoa aspirrs � '* Piease return this original copy to 14d City Ha11, St. Paul, MN 551 Q2 #" ' ' "� ATfACHMENT "A" LEGAL DESCRIPTION OF AREA TO SE VACATED . . . . . . . . . . . . . . . VACATION FILE 24-1997 ��/�� � That part of Western Avenue as dedicated in the plat of Stinson, Brown and Ramsey's Addition to St. Paul, according to the recorded plat thereof, Ramsey County, Minnesota, which lies northerly of the hereinafter described "Line A' and southerly of the hereinafter described "Line B". "Line A" is descrined as commencing ai fhe intersection of the wesi fine of tot 8, in Partition Plat, an addition to St. Pauf, Minnesota, being a subdivision of the Northwest Quarter of the Northeast Quarter and Government Lot 2, Section 12, Township 28, Range 23, Ramsey County, Minnesota, the same being the North and South Quarter line ot said Section 12 with the northerly ievee line as established by Order of Common Council dated April 22, 1886, tiied June 27, i888, in the office of the Register ofi Deeds, Ramsey County, Minnesota, and filed in Book 4 of Street Openings, Page 22; thence north, along said west line of Lot 8, a distance of 326.66 feet to an iron monument at the intersection of the easterly extension of the south line of Block 16, Stinson, Brown and Ramsey's Addition to St. Paul, according to the recorded plat thereof, Ramsey County, Minnesota, said point being the point of beginning of said "Line A" to be described; thence North 89 degrees 38 minutes West, along said south line of Block 16, and said line extended east, a distance of 431.72 feet to an iron monument and said "tine A" there terminating "Line B" is described as beginning at the termination of said "Line A'; thence North 40 degrees 59 minutes East a distance of 1748.05 feet to an iron monument, being 65.00 feet west of, as measured at right angles to, the east line of said Lot 14 and 1318.07 feet nor�h of said !evee line, measured along the wes: line of the east 65.00feet of said Lot 14, and said "Line B" there terminating. .�:: v�.��.�..._.�._... ie, R.LS. Mfnn. Reg. No. 8612 ed Aprii 11, 1989. r 22.� 1989. 27, i 997 (Updote cnd recertify) Ig97 (Feb.il, 1997titie commitment) 37 ( Update) 'OACH ENT /�� �_ 4 2� y c' -6'tYCLONE FENCE ��� � z — POST SCALE ' , � / / � , , _ r/ .. :� / r �� GP C� �` / � �p� S / i ��i� / / f � ' 50. � // � t I G /� 33 lP , PP ! W � � ` W / - y y � �'J , / � � � 4. � O " e � { v �/` � � � �� I�� � (� � Q �, _��� \� t � i �.� 4 e a 2a�� 92,000 SQ. FT. � v ' , ��� 2. //2 ACRES � k� ���� � � � � r � �� `� � t� � �� � I \ i � � _,::;_... �. N � � J i � � �J �;:=;��;�:`�' ?':����: ;=�rt`_.:. (� x � �/ PP Q C+i � I \ 1 ' � / � � � � ` - � � _ __ .. v. :, . / � { -� � i )1:.�.� i::......_._ ..... .::..... 2 � I ) �`,l.__..F�. �.�:':.>'1,^_.:''i'.-�'�.�;r�.-���.i�' . � � � � / !+ \\ � - : . �j ,. �:J:t::�.t:=_::. - / O -�";.:�5::':�?..:'E_^'.i::r:.:A�;ti;"y:_215:;�?�S:is-::":: / . �yG � I ., F11�L. � �T�FTAt�$ �R M K :` . � 2.0'� 0 _ ` � I ��_�_ / \ V � ;�!'`" " - � ' _ : � - - -� � �j..�: < r1 !7 \ ' � � \ `� ' '� 'i'.�?�' 1.�`:i''.._`:: , /' ( ' ^ \ / ` .�'.. _ t.`:.: . '4' . / /1 4� � \ — "i:�,r� '" Y ` y ' s::.'• ' � I � r , �: � _<�_ . . .,... _� \ J I V J� J L— I �� �:�s�;�::'�� �" • W � - `__ ^ ( � _ � _ r � �::_,_�s � � �� � � i r J /- �� �.� � _ � � ag` Q � o ev � ' 33 l _ `OF DI KE 431.72� �� ` I ry O.H. ELEC. 4� CYCIONE ` `� �`` =�- - � N 89°�O � e' CYCION -A � � -{'J �c sPUrt � � / 1 - ! \ �R H�CB _" ' "_` _ ' I -� L_ I'� / GONC, I'� V C_. — CUpB . S'C���jS- __ ilaL'9�="� i � f � i "' \ I 1 / �(.� I/ _ f` ` � �.�� ;_`� L l ! '� I ; ? I' � I \i �, / ` I .� C � � � l� 1 l .i FENCE i � r vl � l � , .__::. � , . �� { � 1 � 1 mpN N OQ� �H� pJ0 a W W z r0 Z J O � � � F-F-_ wc'�N 3�zF J �_. -,;, �,� 33 O � .i R t 1 � .'"_ � �, , . � , n.. l I ...�:�?�r--.:«.�� `� �������'"�"�����.: __.. .� � Z c� ��� i 33 i' ci Return copp to: Real Estate Division 140 City Hall V��V���i� Presented By Referred To Committee: Date �� i BE IT RESOLVED, that, upon the petition of the Port Authority of the City of Saint Paui as 2 documented in Finance Department File Number 24-1997, public properties hereinafter described are 3 hereby vacated and discontinued as public proper[y: and, subject ta the herein stated exceptions the 4 easements within those public properties are hereby released. 6 The property to be vacated is described as follows: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 That part of Western Avenue as dedicated in the plat of Stinson, Brown and Ramsey's Addition to St. Paul, according to the recorded plat thereof, Ramsey County, Minnesota, which lies northerly of the hereinafter described "Line A' and southerly of the hereinafter described "Line B „ "Line A" is descrlbed as commencing at the intersection of the west line of Lot 8, in Partition Plat, an addition to Sx Paul, Minnesota, being a subdivision of the Northwest Quaster of the Northeast Quarter and Government Lot 2, Sectiott 12, Township 28, Range 23, Ramsey County, Minnesota, the same being the North and South Quarter line of said Section 12 with the northerly levee line as established by Order of Common Council dated Apri122, 1886, filed June 27, 1888, in the office of the Register of Deeds, Ramsey County, Minnesota, and filed in Book 4 of Street Openings, Page 22; thence north, along said west line of Lot 8, a distance of 326.66 feet to an iron monument at the intersection of the easterly extension of the south line of Block 16 Stinson, Brown and Ramsey's Addifion to St. Paul, according to the recorded plat thereof, Ramsey County, Minnesota, said point being the point of beginning of said "Line A" to be described; thence North 89 degrees 38 minutes West, along said south line of Block 16, and said line extended east, a distance of 431.72 feet to an iron monument and said "Line A" there terminating "Line B" is described as beginning at the tetmination of said "Line A' ; thence North 40 degFees 59 minutes East a distauce of 1748.05 feet to an iron monument, being 65.00 feet west of, as measured at right angles to, the east line of said L,ot 14 and 1318.07 feet north of said levee line, measured along the west line of the east 65.00feet of said Lot 14, and said "Line B" there terminating. Council File # �1q- 33� Green Sheet # RESOLUTION SAINT PAUL. MINNESOTA 32 This vacation shall be subject to the terms and cottdition of Chapter 130, codified March l, 1981, of the 33 Saint Paul Legislative Code as amended, and to the following conditions: 34 Q`t -�3> 1 1. That the petitioner's, their successors and assigns shall pay $500.60 as an administrative fee for this 2 vacauon which is due and payabie within 60 days of the effecfive date of this resolution. 4 2. That, with the accompanying Utility Easement Certificates of Intended Non-Use, filed voluntarily on 5 behalf of U.S. West Communications, Incorporated, Northern States Power Company, District 6 Energy St. Paul, Incorpozated, MCI Metro Incorporated, MediaOne, The Water Utility, and'I`he 7 Department of Public Works, made a part hereof by this reference and filed in the office of the City 8 Clerk of Saint Paul, the City, for itself and on behalf of these corporations and departments, waives 9 the right to the utility easements in the vacated area described above. 10 ll 3. That the petiuoners, their successors and assigns agree to indemnify, defend and save harmless the 12 City of Saint Paul, its officers and employees from all suits, actions or claims of any character 13 brought as a resuh of injuries or damages received or sustained by any person, persons or property on 14 account of this vacation or petitioners' use of this property, including but not limited to, a claim 15 brought because of any act of omission, neglect, ox misconduct of said petitioners or because of any lb claims or liability arising from any violation of any law or regulation made in accordance with the 17 law, whether by the petitioners or any oP their agents or employees. 18 14 4. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this 20 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolufion and 21 shall, withitt the period(s) specified in the terms and condifions of this resolution, comply in all 22 respects with these terms and conditions. Requested by Department of: Technoloev & Manaeement Services By: ���.C.GI �'��lt�'U� �,� ` Director Form Approved by City Attorney ���� B �-��l✓cw�.. 7/���9 � �"���.._,�. �.i�. • � � � -.s/ � � : � � � � � . � � . - �lnl�' � t,�/ � � , / : � ,�� � i�i��i �� � - �.c=..i � Adopted by Council: Date � •����°, Adop�ioa Cettified by Council Secretaty T.M.S./REAL E5TATE DIVISION f Date: Peter White � i�.�: I �on�o���b Apri114, 1999 rAL # OF SIGNATURE PAGES 1 1ZON REQUESTED: March 2, 1999 Green y ranxzs�NTn 1 ITY AITORNEY � 3 �YOR (OR ASSS3Lf ALL LOCAITONS FOR Nwnber: 63688 4 r,y cowcu, . 3 ITY CI ERH FFICE OF FINANCIAL SvCS. To vacate a portion of Western Avenue lying northerly of vacated Palace Street and to release easements therein.. Ref: 1. Resolution for consideration; 2. Petition to vacate; 3. Ownerslup Report; 4. Map of area to be vacated; 5. Certificates of Intended Non-Use. �R56NAL SERVICE CONTRACl'S MUST ANSWER THE FOLLOWING: HasthepersoWfumeeerworkedmderacontradforthisdepartment? YES NQ rr,nHIViNC comm�ssioN g sraeF Has fhis persoNSrm ever Leen a City employee? crvn, serzv`ce coarnuss[ox Does this prrsoNSrm possess a s1o71 not nornwDp nossessed by anp current CStg emplopce? cm contnni�rse WffiCH COUNCfL . 2 vi.sTxicr 9 PLANNING CO L VG PROBLEM, ISSUE, OPPORTITNiTY (4VLo, What, Wheo, Where, Why?): The Port Authority would like to prepare adjoining property for industrial developu�ent. �GES IF APPROVED: The adjoining property would be more viable for development. IF APPROVSD: None 1VTAGES IF NOT APPROVF,D: � The adjoining property would be less viable for development. AMOITNI' OF TRANSACfION: FiINDING SOURCE: +iPIANCSAI. L�iFORMATION: (EXPI,AIC� ��.QQ NIA and attarh. RECElVED �� Q 4 t999 REAC ES_TA� D1Y�(0� YES NO YES NO The Councit Hearing on this matter is set for April 14, 1999 V�r'i:�'tim?f s � . �eG+s , > • ='.'+ t ��� .�. � ��� COSTfRI�: VEN[TE Bi7DGETED (CII2CLE ONE) YES iY0 ACTIVITY NL7MBER . . _. � fA � The $5W.00 represents the acbministrative fee for vacations. 21TY OF THE Ci11' OF SAINT PAUL ,,.,., ., ,,.,.,.,ARK TOWERS • 345 ST. PETER STREET • ST. PAUL MN 55102-1661 PETTTI�N FQR VACATION QF PORT`IONS OF WESTERN AVENUE o�q .'3'33— ;.�� �y� C� FAX (692) 223-5198 TOLL FREE (800) 328-8417 • PHONE (612) 224-568b TO: THE HONORABLE COUNCIL PRESIDENT AND MEMBERS OF THE CITY COUNCIL YOUR PETITIONER, the Port Authority of the City of Saint Paul respectfully states and alleges that we are the fee owners of record of the real estate abutting Westesn Avenue further described as follows: That part of Western Avenue as dedicated in the plat of Stinson, Brown and Ramsey's Addition to St. Paul, aacording to the recarded plat thereof, Ramsey County, Minnesota, which lies northerly of the hereinafter described "Line A" and southeriy of the hereinafter described "Line B". "Line A" is described as commencing at the intersection of the west lane of Lot 8, in Partition Plat, an addition to St. Paul, Minnesota, bein� a subdivision of the Northwest Quarter of the Northeast Quarter and Government Lot 2, Section 12, Township 28, Ran�e 23, Ramsey County, Minnesota, the same being the North and South Quarter line of said Section 12 with the northerly levee line as established by Order of Common Councii dated Apri( 22, 1886, filed 3une 27, 1888, in the office of the Reaister of Deeds, Ramsey County, Minnesota, and filed in Book 4 of Street Openings, Page 22; thence north, along said west line of Lot 8, a distance of 326.66 feet to an iron monument at the intersection of the easteriy extension ofthe south line ofBlock 16, Stinson, Bro�rn and Ramsey's Addition to 5t. Paul, according to the recorded plat thereof, Ramsey County, Minnesota, said point bein� the point of be�innina of said "Line A" to be described; thence North 89 degrees 38 minutes West, along said south line of Block 16, and said line extended east, a distance of 431.72 feet to an iron monument and said "Line A" there terminating. "Line B" is described as be�inning at the termination of said "Line A"; thence North 40 degrees 59 minutes East a distance of 3 748.05 feet to an iron monument, being 65.00 feet west of, as measured at right an�les to, the east line said Lot l4 and U 18.�7 feet north of said levee line, measured along the west line of the east 65.00 feet of said Lot 14 and said "Line B" there terminatin�. � a �.��� The proposed area to be vacated is colored in red on the attached Exhibit. The proposed vacation is required for the orderly development of the land. Your Fetitioner herein requests that there be no assessment of compensation to Petitioner on account of the value of the accrual; and that in ]ieu of a bond, and by acceptance of the terms of the vacation, the Port Authority agrees to fu}Iy indemnify, defend and save harmless the City of Saint Paul and the Board of Water Commissioners, its officers, agents, employees and servants from all suits, actions or claims which may arise from any injuries or damages received or sustained by a break in any service pipe, water main, or connection in said vacated areas, arising out of or resuiting from any action or negiigence of the Petitioner, its employees, agents or business invitees. Your Petitioner herein further requests that the provisions of the Saint Paul legislative Code, Chapter 130, pertaining to the reservation of easements be waived upon presentation to and approval by the City Council of Saint Paul. We request Certificates of Intended Non-Use over the vacated area for electrical, gas, water, sanitary sewer, storm sewer, U. S. West, Cable television, and any other parties interest. WHEREFORE, your Petitioner respectfully requests your Honorable Body to vacate the portions of Western Avenue for the purposes above-stated. PORT AUTHORITY OF THE CITY OF SATNT PAUL : � ���-. � � G:�raglweslnvac Interdepartmental Memorandum CITY OF SAINT PAUL To: All Council Me From: Peter White Right of Way En ' r 140 Citp Ha11 Date: March 8, 1499 S��a��et; 1�ai� �egactsa�enti'Va�axi�n �i2e?+ta:"��1:9�7 1 recommend a public hearing before the City Councii be held on t1p�I'.14,1.9�9 . 3 �— ��"� The purpose of this hearing is to consider vacaring part of Western Avenue lying northerly of vacated Palace Street, and releasing uulity easements therein. This praperry is located in City Council District �, Planning District �_ The subject peution is in proper form and has been signed by the requisite number of property owners. cc: Shari Moore `+d'usa�4'•.�"•� ;." °.'''."rf� lr:u3`!�%° �Q �'s�� �a � ��a� ST. PAUL CITY COUNCIL PUBLIC HEARING NOTiCE STREETIALLEY VACATION �q-33� City Council Ward # 2 Planning District # 9 NANCY ANDERSON CITY GOUNCIL RESEARCH 310 CITY HALL PURPOSE PETITIONER HEARING QUESTIONS MAP (attached) Notices sent: File No. 24-1997 to consider vacating the City's interest in part of Western Avenue lying northerly of vacated Palace Street, and releasing utflitY easements therein the Port Authority of the City of 5aint Paul The Council will conduct a public hearing on tttis vacation on Wednesday, Apri114�1999 in the Council Chambers on the third floor of City Hall. Public Hearinas begin at 5:30 P.M. Call 266-8850 and refer to the file number above. City staff will be available unti14:30 in Room 140 City Hall to answer any last-minute question on this projec� by Real Estate Division Dept. of Technology and Management Services Room 140 City Hall - Court House Saint Paul, Minnesota 55102 �;�+�?��;� ��^�a��� �,--`�r �?,�� � � '� °� o i � r �� ; � C �, F , �I � ' �i ' � � _ .�'_ _ _ i I I 1 ��� � _� � i i � i y / i ` / / � / �T— — � _—. `�D s l� �- 0 _ -� ———————�'_ :� / / / >) s- r � � R�� / ✓� a. ° / �zi,87�r�v S �.P / c� / / � y b / s �o � / 3 c `� / i5� � • � �� � / / t�•�� , � 'I YJ/./L•'• � _.-' �-- —A�E—. — e N _ � b � � ne� �# ��s z io9L N J /� /1 �� ��S � O\Q S1� S A 6 '5 4 A 2 � q 3i� , ° g ' _��• � , � Z} I � I '� � � i ., >� � L3� . � , ., �' J`�J .- , . . G : ; .�.. o , � , ��' � , ; i / i � r , , , �; � � o�a�`@4�931a�� i '( a i i .-� �q �,�3 ,, �� ! � � � � , ` � � � �� ` ��, ; �� �� ► � I ' � � � L� , f ,1 �� J[ i� � � �� � i I �f ��7��039 , q 17'7acl f � � i � ` . { 3�, l � �' � �' f � �i �, � ; , o; � � � ;= " • ; "1• � � ' �: � ; . ! . � .- ' � ` i . " �� ,. l . � . - - .�� ; � ' . � ;�- �. , � ' I � .-. . .." � `� , ! � � _+• � � / � j , � � � .%� ' ' j i . ' �� . � y /9D � / • . � �' � � i � � �l . � , : �f ° �.. i � : -� r. ' �'✓ , �� R9'-��� I30TICE OF PUBLIC HEARII3G Notice is hereby given that the petition of The Saint Paul Port Authority for the vacation and releasing of utility easements of that part of Western Avenue lying northerly of vacated Palace Street, as more fully described on £ile and on record in the office of the City Clerk of Saint Paul, Minnesota, 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 the 14th day of April, 1999 at 5:30 P.M. Dated March 9, 1999 Shari Moore Deputy City Clerk (March 13, 1999) ��� o.,F.= >.. ..,, � t°r,�? � t. : a �, � ��:�� i�� Yark Square Court 400 Sibley Street St. Paut, 1YII3 55101 651-227-8571 Fas: 651327-1705 ���� Gommonweatth CoMMOr.�LTx LnrrD T[TT,E IrrsuxnNCE CoMrnv� December 28, 1998 Mr. Chuck Derscheid Port Authority of the City of Saint Paul 1900 Landmark Towers 345 St. Peter Sueet St. Paul, MN 55102-16b1 q�-� 3 �. RE: 98-227 Abstraetor's Certificate Deaz Mr. Derscheid: Commonwealth Land Title Insurance Company does hereby certify that as of October 13, 1998, a search of [he public ta�c records in and for Ramsey County, Minnesota, discloses the names and addresses of the property owners adjoining the land described in Exhibit B attached hereto. (See Exhibit A attached hereto.) Also enclosed for your conveaience is our memo invoice detailing our costs. Respectfuily, COMMONWEALTH LAND TITLE INSURANCE COMPANY �G.�-�"� �..e.t.--._ Robert A. Anderson Licensed Abstracter 'his report cites matters appearing in the public records of Ramsey County, Minnesota, and is not to be onstrued as an opinion of title. Commonwealth Land Titie Insurance Company disclauns any liability for -rors or omissions. iclosure �q �� a File No. 98-227 E�ibit A Yroperty Tax ID No. i. 12-28-23-12-0034 2. 12-28-23-12-0035 3. 12-28-23-24-�052 Fee Owner/ Address Pon Authoriry of St. Paul Landmark Towers 345 St. Peter Street, Ste 1900 St. Paul, MN 55102-1661 State of Minnesota Trust Exempt 50 Kellogg Blvd W. Ste 620B St. Paul, MN 55102-1557 Ashland Chemical, Inc. P.O. Box 14000 Lexington, KY 40512-400Q �t-�3� File No. 98-227 Exhibic B That part of Westem Avenue as dedicated in the plat of Stinson, Brown and Ramsey's Addition to St. Paul, according to the recorded plat thereof, Ramsey County, Minnesota, which lies Northerly of the hereinafrer described "Line A" and Southerly of the hereinafter described "Line B". 'Zine A" is described as commendin� at the intersection of the West line of Lot 8, in Partition Plat, an addition to St. Paul, Minnesota, being a subdivision of the Northwest Quarter of the Northeast Quarter and Government Lot 2, Section 12, Township 2$, Range 23, Ramsey County, Minnesota, the same being the North and South Quarter line of said Section 12 with the Northerly levee line as establashed by Order of Common Council dated April 22, 1886, filed of record 7une 27, 1888, in the o�ce of the Register of Deeds, Ramsey Counry, Minnesota, and filed of record in Book 4 of Street Openings, Page 22; thence North, along said West line of Lot 8, a distance of 326.66 feet to an iron monument at the intersection of the Easterly extension of tHe 5outh line of Block 16, Stinson, Brown and Ramsey's Addition to St. Paul, according to the recorded plat thereof, Ramsey County, Minnesota, said point being the point of beginning of said "Line A" to be described; thence North 89 degrees 38 minutes West, along said South line of Block 16, and said line extended East, a distance of 431.72 feet to an iron monument and said "Line A" there terminating. "Line B" is described as beginning at the termination of said "Line A"; thence North 4Q degrees 59 minutes East a distance of 1748.05 feet to an iron monument, being 65.00 feet West of, as measured at right angles to, the East line said Lot 14 and 1318.07 feet North of said levee line, measured along the West line of the East 65.00 feet of said Lot 14 and said "Line B" there terminating. �� CERTIFICATE OF INTENDED NON-USE AE'CE�VE gq°3 � � 'JAN 2 6 1999 THE HONORABLE MAYOR t1ND MEMBERS Tq OF THE COUNCII, OF TF3E � e CTTY OF SAINT PAUL Vacation File # 24-1997 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: part of Western Avenue lying northerly of vacated Palace Avenue (as shown on Attachment "A" and accompanying map) except as here noted: (J� LU't�% �t�t.s �c.�o ��(,'�i�s i� ,�/� vf.% ;�- �� A�ov.� o�-.�� ���� d ,�s�,.�P�' p�a � D /.�e Y�,s er vc� US West MINNESOTA D.�aTn > ) its ��t�� � f�� �e.� �T�� L��,� Signature p The foregoing inshument w�< acknowledged befo[e me this day oi 1998, b / R e�'i. J Gih'�5�/ �,z G 5.L'r °� Gc1�. ��i ,�ir (�5 lN�3T /r/ �inn. a �a�cr<�a ��r� undu the7aws of the STate of Minnesota. �' '"tie STEVEN S. CARl.S�,.. �4 NDTMYPUBUC•1N� �e�' MYCOAIMISSIONF� •...• anNU axtst.�0o . �---.�^�,^---- �=_�,.--�� �� , � Notazy c, Dakota CounTy, Minnesou� '� Mycommissionexpices \ � ** Please return this original copy to 140 Gity Hall, St. Paul, MN 55102 * CERTIFIGATE OF INTENDED NON-USE RECEiVED C/�f'J v`�, OF TE3E COU�IVCIL OF A�OR 1�ND MEMBERS FEB � 3 199� �� Matter of CTTY dF SAIN f PAUL R� ESTATE G� �,�,��acation Fale # 241997 The undersigned hereby certifies, on behalf of the indicated department or company, that it does ttot intend to exercise its utility rights in the realty described below: part of Western Avenue lying northerly of vacated Palace Avenue (as shown on Attachment "A" and accompanying map) except as here noted: NONE MINNESOTA > HENNEPIN � Northern States Power Co. Elecuic Division ItS Real Estate Representative �/����/// � /1 � �u4 ��'� /1 � ! � !l Signature Thefocegoinginstrumentwasaclmowledgedbeforeme[Ius ZRd dayof FODYUdYy , 199� by Vera—Mae R. Kasprowicz , ti 1z Real Estate Representativ op Northern States Power Company � undei the laws of the State of Minnesota. ��� tuIARGAAET M. MAAHS tl N6TARY Pll�lC - WNNESOTA My Cammi�nn E�kes Jart 37� e000 � f P Minnesota Corporation � �� Notaty Pi blic, nepm County, Minnesotn. ( M �o�ss, , a����< 3 ** Please return this original copy to 140 City Hall, St. Paul, MN 55102 ** CERTIFICATE OF INTENDED NON-USE a����� THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF SAINT PAUL In the Matter of Vacation File # 24-1947 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: part of Westem Avenue lying northerly of vacated Palace Avenue (as shown on Attachment "A" and accompanying map) except as here noted: NtiNNtiSOlA RAMSEY N.S.P. - Gas Distribution Its `S�J2�i�G��'�i �'sa S ��e-d �� Signature > The fozegoing instcmnent was xlatowledged bef�z me t}vs �� day of ��Cw`�R-F`� � t L 1 ,�JA83. bY ����� L-�2 ''�- ,the � S S� L`<g ��� �u9 2-.�•ei /' � of � S� . a �qu/E( i� L.6�'� • nndex tha kaws of the State of PvTinnesota. •�'\ p�a�Jeaf� df. sRo/aeffe (ai`ii➢l1'sl �o*�t+rrn�t��wVrrsot� s� • MY COMM15510N IXPIRES )ANUARY 34, 20q! � - _��� Noury Publi , tamszy County, A3mnasota. Mycoturnissionexpires ( ** Please return this. original copy to 140 City Hail, St. Paui, MN 55102 ** CERTIFICATE OF INTENDED NON-USE a�` 3 � THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF S[�INT PAUL In the Matter of Vacation File # 24-1997 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: part of Westem Avenue lying northerly of vacated Palace Avenue (as shown on Attachment "A" and accompanying map) except as here noted: DISTRICT ENERGY ST. PAUL, INC.,AP16 DISTRICT COOLING ST. PAUL, INC., NAVE NO cQUIPMENT I�S TH� AREA TO S� VACATED Ai�D tiAb'E NO OBJECTIOR TO THE UACATION. District Energy and Cooling St. Paul, Inc. Its � Y` cs i � �.u:�ns�.� � �� > Signature RAMSEY � The foregoing ins4ument was acknowledged before me tlus { 3� day of _ �0.-y� (,t,tLY N 199� bY �f'Id.�Y'S `� • OS�-1d.o-�1Cs.-v' .the (� f GSi �-r.�' of �ISIYic� �'J1a"4c+ ����1� � m� r;nu�'c�ah-Pra Lch�eY�'161� under [he laws of the S[ate of Vlinnesot �� al i � sT 9"a�� y_.y� <. J t MnMMMM/in���MJJ+hMMNNM� �.�, TRU�� L. SHERW000 > <�;;:�';� NG7Aft7?UB�IC-hlti3 ��i WASHIM1GTONCOUNTY My Comm. ExpSres Jan. 31, 2000 XVWVWWVVVVVVVVVVVWVVWVWVWVW • �� � �� Notaty Publiq Ramsey C , Minnrsota. My commvssion e�ires � o� �, O a '` * Please return this original copy to 140 City Hall, St. Pauf, MN 55102 *" CERTIFICATE OF INTENDED NON-USE �q�3��- THE HONORABLE MAYOR AND MEMBERS OF THE COUNCTL OF THE CTI`Y OF SAINT PAUL In the Matter of Vacation File # 24-1997 The undersigned hereby certifies, on behalf of the indicated department or company, that it does not intend to exercise its utility rights in the realry described below: part of Westem Avenue lying northerly of vacated Palace Avenue (as shown on Attachment "A" and accompanying map) except as here noted: ``(��,� ,� �,�, �� g R� ��C,� � p�j, S v C�C�,�sZ MediaOne ���,� ���� Its '� �.C)(� f �> c�e.�l�� ���:��o�ti > RAMSEY Sig ature The fotegoing inst[ument was aclmowledged before me this _��� day of �.�'� . 199' by D Y'r„N. �'nYt� /fL� .che �)!1lL�DJNr4702 of �ED/� ,a L�D2�Jb2i9'T/n/� undzr the ]aws of the Statz of Minneso[a. � a :lED� A, 9RF'&Z � �� 84�TARY �61C-611N4lES08�e Notazy Public, Ra y Counry, Minnesow. �RAMSEY CAUMYY �Y Comrro. @�ros ian. 33;,'aOQ� y My commission e�ues /- 3/ �� O U s ** Please return this original copy to 140 City Hall, St. Paul, MN 55102 ** CER'fIFIGATE OF INTENDED NON-USE t�q,332- THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF SAIN'T PAUL In the Matter of Vacatian File # 24-1997 The undersigned hereby certifies, on behalf af the indicated department or company, that it does not intend to exercise its utiliry rights in the realty described below: part of Western Avenue lying northefly of vacated Palace Avenue (as shown on Attachment "A" and accompanying map) except as here noted: MINNESOTA RAMSEY Depazmient of Public Works RE CE7V�p fi � f999 R � FSTqT F 0 iV1SlpN Its .l�JJ2.�C`T-O.� ) > Signature ) The forego�ng instrument was acknowledged before me this � day of /��UR � Y _}44% by �J7���J� V• �C7L�U� the L1.e�T��� of �r,P�trL �uB�i� vila,e�s ,a 1`�'luntr��P,�� L��Po�A-Tia�� under the laws of the State of Minnesota. a CYNTM7AANNE WOOD � MOTII0.Y R18fJC • 16!&IESOiA RAt�f COUNTI' � Ml�bt�E7p6K.12t1'.�1.2000 s C+�vv��-�� L�.�v.o.. �1,�'rar� No Public, Ramsey County, Min¢esocs. My commissioa eapires � v� � f� p� U v ** Please return this original copy to 140 City Hali, St, Paui, MN 55102 ** cERTiFiCATE OF INTENDED NON-USE TI-iE HONORABLE MAYOR Ai�(D v1EViBERS OF THE COUNCIL. OF TEIE CTTY OF SA.INT PAUL �R�� �� In the �Iatter of Vacation Fi1e � 24-1947 The undersi;ned hereby ce�es, on behaif of the indicated depaztment or company, rhat it does not in[end to exercise ics urility riahts in the rzalry described below: part of Westem Avenue Iyine norrheriy of vacated Paiace Avenue {as shown on Attachment "A" and accompanyina map) except as here noted: Water Utiliry Z� General Manager � � p � ---- MINNESOT� � f > s1�3iUI'e " l. RAitifSEY ) The foregoing ins¢umant was aclmowiedged befaa me this 13 t f7. day of SdIlUdIp ,`+�g,� j) 94 > by Bernie R. Bullert u,e General ManaPer oe the Saiat Pau1 Water Utilitv a munfcinai corooration of the Citv of Saint�aul under Ute laws of the Stata of Minaesota. s Sfi1RtEY A. 16NE3 MQTARY PUBUC-MiNNE507A RnMSer cauwrr aYCamm. Ezplreylan. 31� 2qOp k inr.. ..... My wmmisnoa aspirrs � '* Piease return this original copy to 14d City Ha11, St. Paul, MN 551 Q2 #" ' ' "� ATfACHMENT "A" LEGAL DESCRIPTION OF AREA TO SE VACATED . . . . . . . . . . . . . . . VACATION FILE 24-1997 ��/�� � That part of Western Avenue as dedicated in the plat of Stinson, Brown and Ramsey's Addition to St. Paul, according to the recorded plat thereof, Ramsey County, Minnesota, which lies northerly of the hereinafter described "Line A' and southerly of the hereinafter described "Line B". "Line A" is descrined as commencing ai fhe intersection of the wesi fine of tot 8, in Partition Plat, an addition to St. Pauf, Minnesota, being a subdivision of the Northwest Quarter of the Northeast Quarter and Government Lot 2, Section 12, Township 28, Range 23, Ramsey County, Minnesota, the same being the North and South Quarter line ot said Section 12 with the northerly ievee line as established by Order of Common Council dated April 22, 1886, tiied June 27, i888, in the office of the Register ofi Deeds, Ramsey County, Minnesota, and filed in Book 4 of Street Openings, Page 22; thence north, along said west line of Lot 8, a distance of 326.66 feet to an iron monument at the intersection of the easterly extension of the south line of Block 16, Stinson, Brown and Ramsey's Addition to St. Paul, according to the recorded plat thereof, Ramsey County, Minnesota, said point being the point of beginning of said "Line A" to be described; thence North 89 degrees 38 minutes West, along said south line of Block 16, and said line extended east, a distance of 431.72 feet to an iron monument and said "tine A" there terminating "Line B" is described as beginning at the termination of said "Line A'; thence North 40 degrees 59 minutes East a distance of 1748.05 feet to an iron monument, being 65.00 feet west of, as measured at right angles to, the east line of said Lot 14 and 1318.07 feet nor�h of said !evee line, measured along the wes: line of the east 65.00feet of said Lot 14, and said "Line B" there terminating. .�:: v�.��.�..._.�._... ie, R.LS. 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I' � I \i �, / ` I .� C � � � l� 1 l .i FENCE i � r vl � l � , .__::. � , . �� { � 1 � 1 mpN N OQ� �H� pJ0 a W W z r0 Z J O � � � F-F-_ wc'�N 3�zF J �_. -,;, �,� 33 O � .i R t 1 � .'"_ � �, , . � , n.. l I ...�:�?�r--.:«.�� `� �������'"�"�����.: __.. .� � Z c� ��� i 33 i' ci