01-1203Return copy to:
Real Estate Division
140 City Hall
� � � � � �� � �
Presented By
Referred To
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
;
Committee: Date
BE IT RESOLVED, that, upon the petifion of Frisch Properties, as documented in Rea1 Estate Division
File Number 18-2001, public propelties hereinafter described are hereby vacated and discontinued as
public property:
4 The property to be vacated is described as follows:
5 Parcell.
6 Parcel2.
7
The alley in Block 5, H. F. Schwabe's Addition.
That part of the alley in Block 6, H. F. Schwabe's Addition lying westerly of a line from
the southeast comer of Lot 7 to the northeast corner of Lot 16, all in said Block 6.
8 Parcel3. That part of Wilson Avenue lying easterly of a line from the southwest corner of Lot 17,
9 Block 7, H. F. Schwabe's Addition to the northwest corner of Lot 11, Block 6, said H. F.
10 Schwabe's Addition, and westerly of the northerly extension of the east line of Lot 7, said
11 Block 6.
12 Parcel4. That part of Frank Street lying northerly of a line from the southwest comer of Lot 11,
13 Block 6, H. F. Schwabe's Addition, to the southeast corner of Lot 1, Block 3, said H. F.
14 Schwabe's Addition, and southerly of a line from the northwest corner Lot 17, Block 7, said
15 H. F. Schwabe's Addition to the northeast corner of Lot 32, Block 2, said H. F.
16 Schwabe's Addition.
17 BE IT FURTHER RESOLVED, that, subject to the herein stated exceptions and with the
18 accompanying Utility Easement Certificates of Intended Non-Use, filed voluntazily on behalf of Qwest
19 Communications, Incorporated, Xcel Energy Company, District Energy St. Paul, Incorporated, MCI
20 Worldcom, A.T. & T. Broadband, Saint Paui Regional Water Services, and the Departrnent of Public
21 Works, made a part hereof by this reference and filed in the office of the City Clerk of Saint Paul, the
22 City, for itself and on behalf of these corporations and departments, hereby waives the right to and
23 releases the utility easements within the following public properties:
24 Parcell.
25 Parcel2.
26
27 Parcel3.
28
29
The alley in Block 5, H. F. Schwabe's Addition and Block 10, Lindley Park.
That part of the alley in Block 6, H. F. Schwabe's Addition lying westerly of the southerly
extension of the east line of Lot 7, said Block 6.
That part of Wilson Avenue lying easterly of the east right-of-way line of Frank Street and
westerly of the northerly extension of the east line oF Lot 7, Block 6, H. F. Schwabe's
Addition.
Council File # 0� 1? 03
Green Sheet # � � �
O� —laa3
1 Parcel4. That part of Frank Street lying northerly of a line from the southwest corner of Lot 11,
2 Block 6, H. F. Schwabe's Addition, to the southeast corner of Lot 1, Block 3, said H. F.
3 Schwabe's Addition, and southerly of a line from the northwest corner Lot 17, Block 7, said
4 H. F. Schwabe's Addifion to the northeast corner of Lot 32, Block 2, said H. F.
5 Schwabe's Addition.
6 Parcel5. That part of vacated Wakefield Street lying easterly of a line from the southwest comer of
7 Lot 12, Block 6, H. F. Schwabe's Addition to the northwest corner of Lot 6, Block 5, said
8 H. F. Schwabe's Addition, and westerly of a line from the southeast comer of Block 9,
9 Lindley Park to the northeast corner of Block 10, said Lindley Park.
10 This vacation shall be subject to the terms and condition of Chapter 13Q codified March 1, 1981, of the
11 Saint Paul I.egislative Code as amended, and to the following conditions:
12 l.
13
14 2.
15
16
That the petitioner's, their successors and assigns shall pay $500.00 as an administrative fee for
this vacation which is due and payable within 60 days of the effective date of this resolution.
That the petitioner sha11 acquire fee ownership of, and shall demolish existing buildings on:
�
�
I,ot 19, Block 7, H. F. Schwabe's Addition;
Lot 7 and the West 20.00 feet of L.ot 8, Block 5, H. F. Schwabe's Addition; and
17 c. I.ot 9, except the West 43.00 feet, Block 5, H. F. Schwabe's Addition, and L.ot 3, Block
18 10, Lindley Park, except West Triangular part measured 20.65 feet on the street and 34.33
19 feet on its Easterly line and also except East 733 feet.
20 3. That the petitioner shall be responsible for handling the drainage of storm water run-off from
21 adjacent areas of unimproved right-of-way which currenfly drain to this pazcel, and shall submit
22 development plans showing how they will handle this drainage in a manner acceptable to the
23 Department of Public Works.
24 4. That a permanent utility easement shall be retained on, over, under and across
25 that part of Wilson Avenue lvin¢ easterly of the east rieht-of-way line of Frank Street
26 and westerly of the northerly extension of the east line of Lot 7. Block 6. H. F.
27 Schwabe's Addition
28
29
30
31
32
33
34
35
on behalf of the City of Saint Paul, Department of Public Works to reserve the right of the City to
maintain and operate any sewer in or upon said easement and to enter upon said easement or any
portion thereof at any time and from time to time, for the purposes of future construction,
reconstruction, inspecting, maintaining or repairing the same or any part thereof. Any
development or use of the properiy sha11 be subject to the following conditions:
a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any
other objects that will prohibit normal access to utiliry facilities for maintenance purposes
will be permitted within the easement area.
36 b. Ixnprovements in or upon the above described easement that do not prohibit the City from
37 exercising its reserved rights may be allowed by obtaining written pernussion from the
38 Department of Public Works Sewer Division with the understanding that the restoration
39 and costs of such improvements shall be the sole responsibility of the petitioner, its
40 successors and assigns in the event the City exercises its reserved easement rights.
0 \ -1ao1
1 c.
2
3 d.
4
5 e.
No change from the e�sting grade within the easement area will be permitted without
written pernussion from the Department of Public Works.
No change in surfacing within the easement area will be permitted without written
permission from the Department of Public Works.
The petitioner, its successors and assigns shall indemnify, defend, and save harmless the
6 City of Saint Paul, its officers, agents, employees, and servants from all suits, actions, or
7 claims which shall arise from any injuries or damages received or sustained by any break
8 in any service pipe or connection in said reserved easement arising out of or resulting
10
from any action or negligence of the petitioner, its employees, agents, or business
invitees.
11 5. That the petifioners, their successors and assigns agree to indemnify, defend and save harmless
12 the City of Saint Paul, its o�cers and employees from all suits, actions or claims of any character
13 brought as a result of injuries or damages received or sustained by any person, persons or
14 property on account of this vacation or petitioners' use of this property, including but not limited
15 to, a claim brought because of any act of omission, neglect, or misconduct of said petiUOners or
16 because of any claims or liability arising from any violauon of any law or regulation made in
17 accordance with the law, whether by the petitioners or any of their agents or employees.
18 6. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this
19 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution
20 and shall, within the period(s) specified in the terms and conditions of tlus resolution, compiy in
21 all respects with these terms and conditions.
AdoptedbyCouncil: Date �a,,. `l �oo�
Adoption Certified by Council Secretary
By: � 3,. _ � ,.,�`
ApprovedbyMayor: i'7t/ �� �Q��
By:
�'� �
Requested by Department of:
Technoloev & Management Services
By: \/��/u.G ��l(�
�j,� � I�irector
Form Approved by City Attorney ��Vv
By:
ppA roved by Mayor for Submission to Council
By: �/�/
L
T.M.S./REAL ESTATE DIVISION Date: October 15, 2001 Green Sheet Number: 111560
�.�'"�," nEenxi•n�rrr n q ciar coTnvcn.
conta�tr�nsnarb�ex�uer: � _ , ,�,, Z � � p��17
Peter White 266-8850 -�.. �`" '�` �� 1 crrr�ro� crrYCCEax
,�'' .; BUDGEP DII2EC1'OR OFFICE OF FINANCIAL SVCS
.��« _.
M�eue�c�a.��danr: November 7, 20D1 � 3 MpyOR(ORASSI51'ANf) � I RFr1LESTATEDIVISI01�
TOTAL # OF SIGNATURE PAGES 1�ci.�ata.LOCa'noNSroxscnazrJ�)
ACiTON R�QIIESTGD:
To consider a petition to vacate parts of Frank Street, Wilson Avenue and alleys east of Frank
Street, aud to release utility easements in order to facilitate the development of senior housing.
Ref: 1. Petition to vacate; 2. Certitied Ownership Report; 3. Earnest Money Contract; 4.
Map; 5. Responses from Departments and Certiticates of Intended Non-Use.
pI,ANNING COMM1llSSION
CIVD. SERVICE COMMISSION
CB COMMTCCF.E
A sinFF
PERSONAL SERVICE CONfRAGT9 MZ7ST ANSWER THE FOLLOWING:
], Has ihe persod5rm ever worked ��r a rnntrrct tor this depaitrnent? 1 ES NO
2. Ha,y }]oy perso�lSrm ever Leen a C'ity employee?
3. Does this person/6tm possess a s1u71 �tnormally possessed b9 �9
YE5 aosweas on a sepaiste sLeet and aitach
SUPPORTS WfiICfI COUNCIL OB.1 L'Cl'iVE2
1�
YES NO
COUNCII.WARD(S) ___� �I DISTRIGT PI.ANNINGCOUNCII. 4
INITiATING PROBLEM, ISSUE, OPPORTiJrIITY (Who, What, W6e�4 Where, �Y�)�
Petitioner would like to develoQ the area for
senior housing.
ADV,ANTAGESIFAYPROVED:
Development wili proceed.
DISADVANTAGESIFAPPROVED:
None
DLSADVANTAGES IF NOT APPROVED:
Development could not proceed.
THE COUNCIL HEARING ON
THIS MATTER IS SET FOR
NOVEMBER 7, 2001
pTAL AMOUN'L OF TRANSACTION: .�SOO.00 COSTlREVENt1�' BIIDGETED (CIItCLE ONE)
YES NO
�uvc souxc�: N/A acrivrrY x��Ex: N/A
gII�pN(:IAL INFORMATIOI3: (EXPLAIP'�
G��a�ci4 ��sear�� ���ater
$500.00 represents the administrative fee for the vacation. �}�Y � � 2���
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SA[Ni
PAVL
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PETITION TO VACATE CITY INTEREST
I(we), the undersigned, constituting a ma}ority of the ownezs (or their legally designated zepzesentatives) of the abutting
properties, do hereby petition the Council of the City of Saint Paul to vacate its interests in the property(ies) legally
descnbed as follows:
1) That secrion of Wakefield Avenue which lies East of the East Line of Lot 9, Block 9, as produced
southerly, Lindley Pazk and and the West Line of 7ohnson Pazkway. ;
2) The alley in Block 5, Fi. F. Schwabe's Addition.
3) That Section of the Alley which lies East of Frank Street and the East Line of Lots 7 and 16, Block 6,
A. F. Schwabe's Addition.
4) That Secrion of Wilson Avenue which lies East of the East Line of Frank Street and the diagonal line
extended Northeasterly between East line of Lot 7, Block 6, and the Westerly 17.5 feet of Lot 22,
Block 7, H. F. Schwabe's Addition.
5) That Section of Frank Sfreet which lies North of the South lines of Lot 1, Block 3 and Lot 11, Block
6 and the 1Vorth lines of Lots 32, Block 2, and Lot 17, Block 7, H. F. Schwabe's Addition.
Descriprion of Public Street and Alley previously vacated where utility rights were reserved pursuant to
provisions contained in Ordinance No. 3394 and aze now requested to be relinquished:
That Secrion of Wakefield Avenue which lies East of the East Line of Frank Street and West of the
East Line of Lot 9, Block 9, Lindley Pazk produced Northerly.
Council File No. 210766. Approved January 11, 1963
(January 19, 1963)
Alley in Block 10, Lindley Pazk
Council File No. 6564. Approved August 20, 1915
(August 28, 1915)
I(we) request this vacarion for the following reason(s). (Indicate whether you will be building on the site.)
We request this vacation so that we may develop this land as an apartment community desi�ed for
independent senior residents (over 55 yeazs) on the adjoining real estate.
I(we) have attached six copies of the site plans of any development intended for construcrion on the lands
to be vacated.
ContactPerson
Name: Gerald E. Frisch
Phone: j6511 690-1591
Address: 2350 West 7�' Street
St. Paul, Minnesota. 55116
Person(s) responsible for payment of vacation fee
and for acceptance of the terms and condirions of
the vacation:
Name: Gerald E. Frisch
Phone:(651)690-1591
Address: 2350 West 7`� Street
St. Paul, Minnesota. 55116
Altemate Contact Person:
Name: Mazk L. Frisch
Phone:(651)690-1591
Address: 2350 West 7`� Street
St. Paul. Minnesota. 55116
Name:
Phone:
Address:
Signatures of Owner(s)/Representative(s)
City o Paul
�
F�L� eM P/�oP�t►FS tl�
?az ay Place Housing, LLC
� ���_
B�y: Gerald E. Frisch
Its: Managing Member
� r/-f�—
�£,�� �, Fili seM
�ot� 7f-lorriig.P .fi. ��2Ln� y
�iy s.im r r�'+J' ►�i^i�'•C o P/4t��
DI-i2p3
of Property(ies) Described Below:
section of Wakefield e which
lies East o East � e of Lot 9, Block 9,
as produced Lindley Park and
the W ine of Johnson ay.
The alley in Block 5, H. F. Schwabe's Addition; and
That Section of the Alley which lies East of
Frank Street and the East Line of L.ots 7 and 16,
Block 6, H. F. Schwabe's Addition; and
That Section of Wilson Avenue which lies East of
the East Line of Frank Street and the diagonal line
extended Northeasterly between East line of Lot 7,
Block 6, and the Westerly 17.5 feet of Lot 22, Block
7, H. F. Schwabe's Addition; and
That Section of Frank Street which lies North of the
South lines of Lot 1, Block 3 and Lot 11, Block 6
and the North lines of Lots 32, Block 2, and Lot 17,
Block 7, H. F. Schwabe's Addition.
Lot 32, Block 2, H. F. Schwabe's Addition (I. D.
Number 33 29 22 42 Ol 06; and
// �,� ., � Lot 19, Block 7, H. F. Schwabe's
Everett J. F man Addition (I. D. Nuxnber 33 29 22 42 0137
I, Gerald E. Frisch, am the petitioner, or one of the petitioners in the above matter; and I do
hereby swear and verify that each of the signatures on this petition was signed in my presence by the
perso described in the petition.
� �`
etitianer - Gerald E. Frisch
. .-.. � . . .- • - -
. . 11
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r _ .�-- . ��
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Ot
Interdeparlmental Memorandum
CITY OF SAINT PAUL
�� �c3?4„h (`.crt@,4
�;
�� .i R � �ze,� 5
.?� v^
Ta All Council Members
From: Peter White
Right of Way Engineer
140 City Hall
Date: October 15, 2001
Subject: TMS Department Vacation File No. 18-2001
I recommend a public hearing before the City Council be held on November 7, 2001 .
The purpose of this hearing is to consider a perition to vacate parts of Frank Sueet, Wilson Avenue
attd the alleys in Biocks 5 and 6, H. F. Schwabe's Addition to accommodate developmart of an apartmern
conummity for independeirt senior residents.
This property is located in City Council District 7, Planning District 4.
The subject petition is in proper fonn and has been signed by the requisite number of properry
owners.
(1801date)
Return copy to:
Real Estate Division
140 City Hall
� � � � � �� � �
Presented By
Referred To
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
;
Committee: Date
BE IT RESOLVED, that, upon the petifion of Frisch Properties, as documented in Rea1 Estate Division
File Number 18-2001, public propelties hereinafter described are hereby vacated and discontinued as
public property:
4 The property to be vacated is described as follows:
5 Parcell.
6 Parcel2.
7
The alley in Block 5, H. F. Schwabe's Addition.
That part of the alley in Block 6, H. F. Schwabe's Addition lying westerly of a line from
the southeast comer of Lot 7 to the northeast corner of Lot 16, all in said Block 6.
8 Parcel3. That part of Wilson Avenue lying easterly of a line from the southwest corner of Lot 17,
9 Block 7, H. F. Schwabe's Addition to the northwest corner of Lot 11, Block 6, said H. F.
10 Schwabe's Addition, and westerly of the northerly extension of the east line of Lot 7, said
11 Block 6.
12 Parcel4. That part of Frank Street lying northerly of a line from the southwest comer of Lot 11,
13 Block 6, H. F. Schwabe's Addition, to the southeast corner of Lot 1, Block 3, said H. F.
14 Schwabe's Addition, and southerly of a line from the northwest corner Lot 17, Block 7, said
15 H. F. Schwabe's Addition to the northeast corner of Lot 32, Block 2, said H. F.
16 Schwabe's Addition.
17 BE IT FURTHER RESOLVED, that, subject to the herein stated exceptions and with the
18 accompanying Utility Easement Certificates of Intended Non-Use, filed voluntazily on behalf of Qwest
19 Communications, Incorporated, Xcel Energy Company, District Energy St. Paul, Incorporated, MCI
20 Worldcom, A.T. & T. Broadband, Saint Paui Regional Water Services, and the Departrnent of Public
21 Works, made a part hereof by this reference and filed in the office of the City Clerk of Saint Paul, the
22 City, for itself and on behalf of these corporations and departments, hereby waives the right to and
23 releases the utility easements within the following public properties:
24 Parcell.
25 Parcel2.
26
27 Parcel3.
28
29
The alley in Block 5, H. F. Schwabe's Addition and Block 10, Lindley Park.
That part of the alley in Block 6, H. F. Schwabe's Addition lying westerly of the southerly
extension of the east line of Lot 7, said Block 6.
That part of Wilson Avenue lying easterly of the east right-of-way line of Frank Street and
westerly of the northerly extension of the east line oF Lot 7, Block 6, H. F. Schwabe's
Addition.
Council File # 0� 1? 03
Green Sheet # � � �
O� —laa3
1 Parcel4. That part of Frank Street lying northerly of a line from the southwest corner of Lot 11,
2 Block 6, H. F. Schwabe's Addition, to the southeast corner of Lot 1, Block 3, said H. F.
3 Schwabe's Addition, and southerly of a line from the northwest corner Lot 17, Block 7, said
4 H. F. Schwabe's Addifion to the northeast corner of Lot 32, Block 2, said H. F.
5 Schwabe's Addition.
6 Parcel5. That part of vacated Wakefield Street lying easterly of a line from the southwest comer of
7 Lot 12, Block 6, H. F. Schwabe's Addition to the northwest corner of Lot 6, Block 5, said
8 H. F. Schwabe's Addition, and westerly of a line from the southeast comer of Block 9,
9 Lindley Park to the northeast corner of Block 10, said Lindley Park.
10 This vacation shall be subject to the terms and condition of Chapter 13Q codified March 1, 1981, of the
11 Saint Paul I.egislative Code as amended, and to the following conditions:
12 l.
13
14 2.
15
16
That the petitioner's, their successors and assigns shall pay $500.00 as an administrative fee for
this vacation which is due and payable within 60 days of the effective date of this resolution.
That the petitioner sha11 acquire fee ownership of, and shall demolish existing buildings on:
�
�
I,ot 19, Block 7, H. F. Schwabe's Addition;
Lot 7 and the West 20.00 feet of L.ot 8, Block 5, H. F. Schwabe's Addition; and
17 c. I.ot 9, except the West 43.00 feet, Block 5, H. F. Schwabe's Addition, and L.ot 3, Block
18 10, Lindley Park, except West Triangular part measured 20.65 feet on the street and 34.33
19 feet on its Easterly line and also except East 733 feet.
20 3. That the petitioner shall be responsible for handling the drainage of storm water run-off from
21 adjacent areas of unimproved right-of-way which currenfly drain to this pazcel, and shall submit
22 development plans showing how they will handle this drainage in a manner acceptable to the
23 Department of Public Works.
24 4. That a permanent utility easement shall be retained on, over, under and across
25 that part of Wilson Avenue lvin¢ easterly of the east rieht-of-way line of Frank Street
26 and westerly of the northerly extension of the east line of Lot 7. Block 6. H. F.
27 Schwabe's Addition
28
29
30
31
32
33
34
35
on behalf of the City of Saint Paul, Department of Public Works to reserve the right of the City to
maintain and operate any sewer in or upon said easement and to enter upon said easement or any
portion thereof at any time and from time to time, for the purposes of future construction,
reconstruction, inspecting, maintaining or repairing the same or any part thereof. Any
development or use of the properiy sha11 be subject to the following conditions:
a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any
other objects that will prohibit normal access to utiliry facilities for maintenance purposes
will be permitted within the easement area.
36 b. Ixnprovements in or upon the above described easement that do not prohibit the City from
37 exercising its reserved rights may be allowed by obtaining written pernussion from the
38 Department of Public Works Sewer Division with the understanding that the restoration
39 and costs of such improvements shall be the sole responsibility of the petitioner, its
40 successors and assigns in the event the City exercises its reserved easement rights.
0 \ -1ao1
1 c.
2
3 d.
4
5 e.
No change from the e�sting grade within the easement area will be permitted without
written pernussion from the Department of Public Works.
No change in surfacing within the easement area will be permitted without written
permission from the Department of Public Works.
The petitioner, its successors and assigns shall indemnify, defend, and save harmless the
6 City of Saint Paul, its officers, agents, employees, and servants from all suits, actions, or
7 claims which shall arise from any injuries or damages received or sustained by any break
8 in any service pipe or connection in said reserved easement arising out of or resulting
10
from any action or negligence of the petitioner, its employees, agents, or business
invitees.
11 5. That the petifioners, their successors and assigns agree to indemnify, defend and save harmless
12 the City of Saint Paul, its o�cers and employees from all suits, actions or claims of any character
13 brought as a result of injuries or damages received or sustained by any person, persons or
14 property on account of this vacation or petitioners' use of this property, including but not limited
15 to, a claim brought because of any act of omission, neglect, or misconduct of said petiUOners or
16 because of any claims or liability arising from any violauon of any law or regulation made in
17 accordance with the law, whether by the petitioners or any of their agents or employees.
18 6. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this
19 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution
20 and shall, within the period(s) specified in the terms and conditions of tlus resolution, compiy in
21 all respects with these terms and conditions.
AdoptedbyCouncil: Date �a,,. `l �oo�
Adoption Certified by Council Secretary
By: � 3,. _ � ,.,�`
ApprovedbyMayor: i'7t/ �� �Q��
By:
�'� �
Requested by Department of:
Technoloev & Management Services
By: \/��/u.G ��l(�
�j,� � I�irector
Form Approved by City Attorney ��Vv
By:
ppA roved by Mayor for Submission to Council
By: �/�/
L
T.M.S./REAL ESTATE DIVISION Date: October 15, 2001 Green Sheet Number: 111560
�.�'"�," nEenxi•n�rrr n q ciar coTnvcn.
conta�tr�nsnarb�ex�uer: � _ , ,�,, Z � � p��17
Peter White 266-8850 -�.. �`" '�` �� 1 crrr�ro� crrYCCEax
,�'' .; BUDGEP DII2EC1'OR OFFICE OF FINANCIAL SVCS
.��« _.
M�eue�c�a.��danr: November 7, 20D1 � 3 MpyOR(ORASSI51'ANf) � I RFr1LESTATEDIVISI01�
TOTAL # OF SIGNATURE PAGES 1�ci.�ata.LOCa'noNSroxscnazrJ�)
ACiTON R�QIIESTGD:
To consider a petition to vacate parts of Frank Street, Wilson Avenue and alleys east of Frank
Street, aud to release utility easements in order to facilitate the development of senior housing.
Ref: 1. Petition to vacate; 2. Certitied Ownership Report; 3. Earnest Money Contract; 4.
Map; 5. Responses from Departments and Certiticates of Intended Non-Use.
pI,ANNING COMM1llSSION
CIVD. SERVICE COMMISSION
CB COMMTCCF.E
A sinFF
PERSONAL SERVICE CONfRAGT9 MZ7ST ANSWER THE FOLLOWING:
], Has ihe persod5rm ever worked ��r a rnntrrct tor this depaitrnent? 1 ES NO
2. Ha,y }]oy perso�lSrm ever Leen a C'ity employee?
3. Does this person/6tm possess a s1u71 �tnormally possessed b9 �9
YE5 aosweas on a sepaiste sLeet and aitach
SUPPORTS WfiICfI COUNCIL OB.1 L'Cl'iVE2
1�
YES NO
COUNCII.WARD(S) ___� �I DISTRIGT PI.ANNINGCOUNCII. 4
INITiATING PROBLEM, ISSUE, OPPORTiJrIITY (Who, What, W6e�4 Where, �Y�)�
Petitioner would like to develoQ the area for
senior housing.
ADV,ANTAGESIFAYPROVED:
Development wili proceed.
DISADVANTAGESIFAPPROVED:
None
DLSADVANTAGES IF NOT APPROVED:
Development could not proceed.
THE COUNCIL HEARING ON
THIS MATTER IS SET FOR
NOVEMBER 7, 2001
pTAL AMOUN'L OF TRANSACTION: .�SOO.00 COSTlREVENt1�' BIIDGETED (CIItCLE ONE)
YES NO
�uvc souxc�: N/A acrivrrY x��Ex: N/A
gII�pN(:IAL INFORMATIOI3: (EXPLAIP'�
G��a�ci4 ��sear�� ���ater
$500.00 represents the administrative fee for the vacation. �}�Y � � 2���
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SA[Ni
PAVL
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b ► - 120}
PETITION TO VACATE CITY INTEREST
I(we), the undersigned, constituting a ma}ority of the ownezs (or their legally designated zepzesentatives) of the abutting
properties, do hereby petition the Council of the City of Saint Paul to vacate its interests in the property(ies) legally
descnbed as follows:
1) That secrion of Wakefield Avenue which lies East of the East Line of Lot 9, Block 9, as produced
southerly, Lindley Pazk and and the West Line of 7ohnson Pazkway. ;
2) The alley in Block 5, Fi. F. Schwabe's Addition.
3) That Section of the Alley which lies East of Frank Street and the East Line of Lots 7 and 16, Block 6,
A. F. Schwabe's Addition.
4) That Secrion of Wilson Avenue which lies East of the East Line of Frank Street and the diagonal line
extended Northeasterly between East line of Lot 7, Block 6, and the Westerly 17.5 feet of Lot 22,
Block 7, H. F. Schwabe's Addition.
5) That Section of Frank Sfreet which lies North of the South lines of Lot 1, Block 3 and Lot 11, Block
6 and the 1Vorth lines of Lots 32, Block 2, and Lot 17, Block 7, H. F. Schwabe's Addition.
Descriprion of Public Street and Alley previously vacated where utility rights were reserved pursuant to
provisions contained in Ordinance No. 3394 and aze now requested to be relinquished:
That Secrion of Wakefield Avenue which lies East of the East Line of Frank Street and West of the
East Line of Lot 9, Block 9, Lindley Pazk produced Northerly.
Council File No. 210766. Approved January 11, 1963
(January 19, 1963)
Alley in Block 10, Lindley Pazk
Council File No. 6564. Approved August 20, 1915
(August 28, 1915)
I(we) request this vacarion for the following reason(s). (Indicate whether you will be building on the site.)
We request this vacation so that we may develop this land as an apartment community desi�ed for
independent senior residents (over 55 yeazs) on the adjoining real estate.
I(we) have attached six copies of the site plans of any development intended for construcrion on the lands
to be vacated.
ContactPerson
Name: Gerald E. Frisch
Phone: j6511 690-1591
Address: 2350 West 7�' Street
St. Paul, Minnesota. 55116
Person(s) responsible for payment of vacation fee
and for acceptance of the terms and condirions of
the vacation:
Name: Gerald E. Frisch
Phone:(651)690-1591
Address: 2350 West 7`� Street
St. Paul, Minnesota. 55116
Altemate Contact Person:
Name: Mazk L. Frisch
Phone:(651)690-1591
Address: 2350 West 7`� Street
St. Paul. Minnesota. 55116
Name:
Phone:
Address:
Signatures of Owner(s)/Representative(s)
City o Paul
�
F�L� eM P/�oP�t►FS tl�
?az ay Place Housing, LLC
� ���_
B�y: Gerald E. Frisch
Its: Managing Member
� r/-f�—
�£,�� �, Fili seM
�ot� 7f-lorriig.P .fi. ��2Ln� y
�iy s.im r r�'+J' ►�i^i�'•C o P/4t��
DI-i2p3
of Property(ies) Described Below:
section of Wakefield e which
lies East o East � e of Lot 9, Block 9,
as produced Lindley Park and
the W ine of Johnson ay.
The alley in Block 5, H. F. Schwabe's Addition; and
That Section of the Alley which lies East of
Frank Street and the East Line of L.ots 7 and 16,
Block 6, H. F. Schwabe's Addition; and
That Section of Wilson Avenue which lies East of
the East Line of Frank Street and the diagonal line
extended Northeasterly between East line of Lot 7,
Block 6, and the Westerly 17.5 feet of Lot 22, Block
7, H. F. Schwabe's Addition; and
That Section of Frank Street which lies North of the
South lines of Lot 1, Block 3 and Lot 11, Block 6
and the North lines of Lots 32, Block 2, and Lot 17,
Block 7, H. F. Schwabe's Addition.
Lot 32, Block 2, H. F. Schwabe's Addition (I. D.
Number 33 29 22 42 Ol 06; and
// �,� ., � Lot 19, Block 7, H. F. Schwabe's
Everett J. F man Addition (I. D. Nuxnber 33 29 22 42 0137
I, Gerald E. Frisch, am the petitioner, or one of the petitioners in the above matter; and I do
hereby swear and verify that each of the signatures on this petition was signed in my presence by the
perso described in the petition.
� �`
etitianer - Gerald E. Frisch
. .-.. � . . .- • - -
. . 11
/„ !� .
,.
r _ .�-- . ��
,f -,❑ . �
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1 �'�;�.- �'�� .,,�. ti
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Ot
Interdeparlmental Memorandum
CITY OF SAINT PAUL
�� �c3?4„h (`.crt@,4
�;
�� .i R � �ze,� 5
.?� v^
Ta All Council Members
From: Peter White
Right of Way Engineer
140 City Hall
Date: October 15, 2001
Subject: TMS Department Vacation File No. 18-2001
I recommend a public hearing before the City Council be held on November 7, 2001 .
The purpose of this hearing is to consider a perition to vacate parts of Frank Sueet, Wilson Avenue
attd the alleys in Biocks 5 and 6, H. F. Schwabe's Addition to accommodate developmart of an apartmern
conummity for independeirt senior residents.
This property is located in City Council District 7, Planning District 4.
The subject petition is in proper fonn and has been signed by the requisite number of properry
owners.
(1801date)
Return copy to:
Real Estate Division
140 City Hall
� � � � � �� � �
Presented By
Referred To
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
;
Committee: Date
BE IT RESOLVED, that, upon the petifion of Frisch Properties, as documented in Rea1 Estate Division
File Number 18-2001, public propelties hereinafter described are hereby vacated and discontinued as
public property:
4 The property to be vacated is described as follows:
5 Parcell.
6 Parcel2.
7
The alley in Block 5, H. F. Schwabe's Addition.
That part of the alley in Block 6, H. F. Schwabe's Addition lying westerly of a line from
the southeast comer of Lot 7 to the northeast corner of Lot 16, all in said Block 6.
8 Parcel3. That part of Wilson Avenue lying easterly of a line from the southwest corner of Lot 17,
9 Block 7, H. F. Schwabe's Addition to the northwest corner of Lot 11, Block 6, said H. F.
10 Schwabe's Addition, and westerly of the northerly extension of the east line of Lot 7, said
11 Block 6.
12 Parcel4. That part of Frank Street lying northerly of a line from the southwest comer of Lot 11,
13 Block 6, H. F. Schwabe's Addition, to the southeast corner of Lot 1, Block 3, said H. F.
14 Schwabe's Addition, and southerly of a line from the northwest corner Lot 17, Block 7, said
15 H. F. Schwabe's Addition to the northeast corner of Lot 32, Block 2, said H. F.
16 Schwabe's Addition.
17 BE IT FURTHER RESOLVED, that, subject to the herein stated exceptions and with the
18 accompanying Utility Easement Certificates of Intended Non-Use, filed voluntazily on behalf of Qwest
19 Communications, Incorporated, Xcel Energy Company, District Energy St. Paul, Incorporated, MCI
20 Worldcom, A.T. & T. Broadband, Saint Paui Regional Water Services, and the Departrnent of Public
21 Works, made a part hereof by this reference and filed in the office of the City Clerk of Saint Paul, the
22 City, for itself and on behalf of these corporations and departments, hereby waives the right to and
23 releases the utility easements within the following public properties:
24 Parcell.
25 Parcel2.
26
27 Parcel3.
28
29
The alley in Block 5, H. F. Schwabe's Addition and Block 10, Lindley Park.
That part of the alley in Block 6, H. F. Schwabe's Addition lying westerly of the southerly
extension of the east line of Lot 7, said Block 6.
That part of Wilson Avenue lying easterly of the east right-of-way line of Frank Street and
westerly of the northerly extension of the east line oF Lot 7, Block 6, H. F. Schwabe's
Addition.
Council File # 0� 1? 03
Green Sheet # � � �
O� —laa3
1 Parcel4. That part of Frank Street lying northerly of a line from the southwest corner of Lot 11,
2 Block 6, H. F. Schwabe's Addition, to the southeast corner of Lot 1, Block 3, said H. F.
3 Schwabe's Addition, and southerly of a line from the northwest corner Lot 17, Block 7, said
4 H. F. Schwabe's Addifion to the northeast corner of Lot 32, Block 2, said H. F.
5 Schwabe's Addition.
6 Parcel5. That part of vacated Wakefield Street lying easterly of a line from the southwest comer of
7 Lot 12, Block 6, H. F. Schwabe's Addition to the northwest corner of Lot 6, Block 5, said
8 H. F. Schwabe's Addition, and westerly of a line from the southeast comer of Block 9,
9 Lindley Park to the northeast corner of Block 10, said Lindley Park.
10 This vacation shall be subject to the terms and condition of Chapter 13Q codified March 1, 1981, of the
11 Saint Paul I.egislative Code as amended, and to the following conditions:
12 l.
13
14 2.
15
16
That the petitioner's, their successors and assigns shall pay $500.00 as an administrative fee for
this vacation which is due and payable within 60 days of the effective date of this resolution.
That the petitioner sha11 acquire fee ownership of, and shall demolish existing buildings on:
�
�
I,ot 19, Block 7, H. F. Schwabe's Addition;
Lot 7 and the West 20.00 feet of L.ot 8, Block 5, H. F. Schwabe's Addition; and
17 c. I.ot 9, except the West 43.00 feet, Block 5, H. F. Schwabe's Addition, and L.ot 3, Block
18 10, Lindley Park, except West Triangular part measured 20.65 feet on the street and 34.33
19 feet on its Easterly line and also except East 733 feet.
20 3. That the petitioner shall be responsible for handling the drainage of storm water run-off from
21 adjacent areas of unimproved right-of-way which currenfly drain to this pazcel, and shall submit
22 development plans showing how they will handle this drainage in a manner acceptable to the
23 Department of Public Works.
24 4. That a permanent utility easement shall be retained on, over, under and across
25 that part of Wilson Avenue lvin¢ easterly of the east rieht-of-way line of Frank Street
26 and westerly of the northerly extension of the east line of Lot 7. Block 6. H. F.
27 Schwabe's Addition
28
29
30
31
32
33
34
35
on behalf of the City of Saint Paul, Department of Public Works to reserve the right of the City to
maintain and operate any sewer in or upon said easement and to enter upon said easement or any
portion thereof at any time and from time to time, for the purposes of future construction,
reconstruction, inspecting, maintaining or repairing the same or any part thereof. Any
development or use of the properiy sha11 be subject to the following conditions:
a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any
other objects that will prohibit normal access to utiliry facilities for maintenance purposes
will be permitted within the easement area.
36 b. Ixnprovements in or upon the above described easement that do not prohibit the City from
37 exercising its reserved rights may be allowed by obtaining written pernussion from the
38 Department of Public Works Sewer Division with the understanding that the restoration
39 and costs of such improvements shall be the sole responsibility of the petitioner, its
40 successors and assigns in the event the City exercises its reserved easement rights.
0 \ -1ao1
1 c.
2
3 d.
4
5 e.
No change from the e�sting grade within the easement area will be permitted without
written pernussion from the Department of Public Works.
No change in surfacing within the easement area will be permitted without written
permission from the Department of Public Works.
The petitioner, its successors and assigns shall indemnify, defend, and save harmless the
6 City of Saint Paul, its officers, agents, employees, and servants from all suits, actions, or
7 claims which shall arise from any injuries or damages received or sustained by any break
8 in any service pipe or connection in said reserved easement arising out of or resulting
10
from any action or negligence of the petitioner, its employees, agents, or business
invitees.
11 5. That the petifioners, their successors and assigns agree to indemnify, defend and save harmless
12 the City of Saint Paul, its o�cers and employees from all suits, actions or claims of any character
13 brought as a result of injuries or damages received or sustained by any person, persons or
14 property on account of this vacation or petitioners' use of this property, including but not limited
15 to, a claim brought because of any act of omission, neglect, or misconduct of said petiUOners or
16 because of any claims or liability arising from any violauon of any law or regulation made in
17 accordance with the law, whether by the petitioners or any of their agents or employees.
18 6. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this
19 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution
20 and shall, within the period(s) specified in the terms and conditions of tlus resolution, compiy in
21 all respects with these terms and conditions.
AdoptedbyCouncil: Date �a,,. `l �oo�
Adoption Certified by Council Secretary
By: � 3,. _ � ,.,�`
ApprovedbyMayor: i'7t/ �� �Q��
By:
�'� �
Requested by Department of:
Technoloev & Management Services
By: \/��/u.G ��l(�
�j,� � I�irector
Form Approved by City Attorney ��Vv
By:
ppA roved by Mayor for Submission to Council
By: �/�/
L
T.M.S./REAL ESTATE DIVISION Date: October 15, 2001 Green Sheet Number: 111560
�.�'"�," nEenxi•n�rrr n q ciar coTnvcn.
conta�tr�nsnarb�ex�uer: � _ , ,�,, Z � � p��17
Peter White 266-8850 -�.. �`" '�` �� 1 crrr�ro� crrYCCEax
,�'' .; BUDGEP DII2EC1'OR OFFICE OF FINANCIAL SVCS
.��« _.
M�eue�c�a.��danr: November 7, 20D1 � 3 MpyOR(ORASSI51'ANf) � I RFr1LESTATEDIVISI01�
TOTAL # OF SIGNATURE PAGES 1�ci.�ata.LOCa'noNSroxscnazrJ�)
ACiTON R�QIIESTGD:
To consider a petition to vacate parts of Frank Street, Wilson Avenue and alleys east of Frank
Street, aud to release utility easements in order to facilitate the development of senior housing.
Ref: 1. Petition to vacate; 2. Certitied Ownership Report; 3. Earnest Money Contract; 4.
Map; 5. Responses from Departments and Certiticates of Intended Non-Use.
pI,ANNING COMM1llSSION
CIVD. SERVICE COMMISSION
CB COMMTCCF.E
A sinFF
PERSONAL SERVICE CONfRAGT9 MZ7ST ANSWER THE FOLLOWING:
], Has ihe persod5rm ever worked ��r a rnntrrct tor this depaitrnent? 1 ES NO
2. Ha,y }]oy perso�lSrm ever Leen a C'ity employee?
3. Does this person/6tm possess a s1u71 �tnormally possessed b9 �9
YE5 aosweas on a sepaiste sLeet and aitach
SUPPORTS WfiICfI COUNCIL OB.1 L'Cl'iVE2
1�
YES NO
COUNCII.WARD(S) ___� �I DISTRIGT PI.ANNINGCOUNCII. 4
INITiATING PROBLEM, ISSUE, OPPORTiJrIITY (Who, What, W6e�4 Where, �Y�)�
Petitioner would like to develoQ the area for
senior housing.
ADV,ANTAGESIFAYPROVED:
Development wili proceed.
DISADVANTAGESIFAPPROVED:
None
DLSADVANTAGES IF NOT APPROVED:
Development could not proceed.
THE COUNCIL HEARING ON
THIS MATTER IS SET FOR
NOVEMBER 7, 2001
pTAL AMOUN'L OF TRANSACTION: .�SOO.00 COSTlREVENt1�' BIIDGETED (CIItCLE ONE)
YES NO
�uvc souxc�: N/A acrivrrY x��Ex: N/A
gII�pN(:IAL INFORMATIOI3: (EXPLAIP'�
G��a�ci4 ��sear�� ���ater
$500.00 represents the administrative fee for the vacation. �}�Y � � 2���
� .
— ._ ,.,�,���:. f
.... .. . . b 1
.:....:
....
� . . .. . . . . .. .. .. .. .... . . ... yK�
x '
� .- 53.;1
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� � I �//5 � � � •- � »�6 I °o�
%2 � I : � . I �
4 � f � � ` ' Oa
2 I � �IG 1519 13i 12 � 11 � 9 8 6 5 �3� �.ry . 1 �-°-
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PETITION TO VACATE CITY INTEREST
I(we), the undersigned, constituting a ma}ority of the ownezs (or their legally designated zepzesentatives) of the abutting
properties, do hereby petition the Council of the City of Saint Paul to vacate its interests in the property(ies) legally
descnbed as follows:
1) That secrion of Wakefield Avenue which lies East of the East Line of Lot 9, Block 9, as produced
southerly, Lindley Pazk and and the West Line of 7ohnson Pazkway. ;
2) The alley in Block 5, Fi. F. Schwabe's Addition.
3) That Section of the Alley which lies East of Frank Street and the East Line of Lots 7 and 16, Block 6,
A. F. Schwabe's Addition.
4) That Secrion of Wilson Avenue which lies East of the East Line of Frank Street and the diagonal line
extended Northeasterly between East line of Lot 7, Block 6, and the Westerly 17.5 feet of Lot 22,
Block 7, H. F. Schwabe's Addition.
5) That Section of Frank Sfreet which lies North of the South lines of Lot 1, Block 3 and Lot 11, Block
6 and the 1Vorth lines of Lots 32, Block 2, and Lot 17, Block 7, H. F. Schwabe's Addition.
Descriprion of Public Street and Alley previously vacated where utility rights were reserved pursuant to
provisions contained in Ordinance No. 3394 and aze now requested to be relinquished:
That Secrion of Wakefield Avenue which lies East of the East Line of Frank Street and West of the
East Line of Lot 9, Block 9, Lindley Pazk produced Northerly.
Council File No. 210766. Approved January 11, 1963
(January 19, 1963)
Alley in Block 10, Lindley Pazk
Council File No. 6564. Approved August 20, 1915
(August 28, 1915)
I(we) request this vacarion for the following reason(s). (Indicate whether you will be building on the site.)
We request this vacation so that we may develop this land as an apartment community desi�ed for
independent senior residents (over 55 yeazs) on the adjoining real estate.
I(we) have attached six copies of the site plans of any development intended for construcrion on the lands
to be vacated.
ContactPerson
Name: Gerald E. Frisch
Phone: j6511 690-1591
Address: 2350 West 7�' Street
St. Paul, Minnesota. 55116
Person(s) responsible for payment of vacation fee
and for acceptance of the terms and condirions of
the vacation:
Name: Gerald E. Frisch
Phone:(651)690-1591
Address: 2350 West 7`� Street
St. Paul, Minnesota. 55116
Altemate Contact Person:
Name: Mazk L. Frisch
Phone:(651)690-1591
Address: 2350 West 7`� Street
St. Paul. Minnesota. 55116
Name:
Phone:
Address:
Signatures of Owner(s)/Representative(s)
City o Paul
�
F�L� eM P/�oP�t►FS tl�
?az ay Place Housing, LLC
� ���_
B�y: Gerald E. Frisch
Its: Managing Member
� r/-f�—
�£,�� �, Fili seM
�ot� 7f-lorriig.P .fi. ��2Ln� y
�iy s.im r r�'+J' ►�i^i�'•C o P/4t��
DI-i2p3
of Property(ies) Described Below:
section of Wakefield e which
lies East o East � e of Lot 9, Block 9,
as produced Lindley Park and
the W ine of Johnson ay.
The alley in Block 5, H. F. Schwabe's Addition; and
That Section of the Alley which lies East of
Frank Street and the East Line of L.ots 7 and 16,
Block 6, H. F. Schwabe's Addition; and
That Section of Wilson Avenue which lies East of
the East Line of Frank Street and the diagonal line
extended Northeasterly between East line of Lot 7,
Block 6, and the Westerly 17.5 feet of Lot 22, Block
7, H. F. Schwabe's Addition; and
That Section of Frank Street which lies North of the
South lines of Lot 1, Block 3 and Lot 11, Block 6
and the North lines of Lots 32, Block 2, and Lot 17,
Block 7, H. F. Schwabe's Addition.
Lot 32, Block 2, H. F. Schwabe's Addition (I. D.
Number 33 29 22 42 Ol 06; and
// �,� ., � Lot 19, Block 7, H. F. Schwabe's
Everett J. F man Addition (I. D. Nuxnber 33 29 22 42 0137
I, Gerald E. Frisch, am the petitioner, or one of the petitioners in the above matter; and I do
hereby swear and verify that each of the signatures on this petition was signed in my presence by the
perso described in the petition.
� �`
etitianer - Gerald E. Frisch
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Interdeparlmental Memorandum
CITY OF SAINT PAUL
�� �c3?4„h (`.crt@,4
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Ta All Council Members
From: Peter White
Right of Way Engineer
140 City Hall
Date: October 15, 2001
Subject: TMS Department Vacation File No. 18-2001
I recommend a public hearing before the City Council be held on November 7, 2001 .
The purpose of this hearing is to consider a perition to vacate parts of Frank Sueet, Wilson Avenue
attd the alleys in Biocks 5 and 6, H. F. Schwabe's Addition to accommodate developmart of an apartmern
conummity for independeirt senior residents.
This property is located in City Council District 7, Planning District 4.
The subject petition is in proper fonn and has been signed by the requisite number of properry
owners.
(1801date)