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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�� . — ._ ,.,�,��:. f .... .. . . b 1 .:....: .... � . . .. . . . . .. .. .. .. .... . . ... yK� x ' � .- 53.;1 'B.Y Yo /f0 37 •• �� ,� .� v �� .r n .1 3 /J321 0 � � I �//5 � � � •- � »�6 I °o� %2 � I : � . 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SA[Ni PAVL � AAAA 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 -,❑ . � ` _,e..�� 4 S 1 �'�;�.- �'�� .,,�. ti �: 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 'B.Y Yo /f0 37 •• �� ,� .� v �� .r n .1 3 /J321 0 � � 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 �-°- IGOi �159) v (34� (33� �32) �Z�B I( �i I 29� I (�) � �2Id I I � (z N �74� r� � �r y�nl I C�� (29� +� s�. eoz � � j s N "� li �2i5zLS 3��s � � ae.� �.� $ so (ic�l �� (�l (avl (ai) (aa) (39) ,s (�) ('�) a a! y , � ( , '� S � (Rt1 I � ��`1�t)' Z � L o °f 2 � o �o ti oq' ; � I I I^ �A �°� I � >t 'S2� - N I7 18 19 20 21 �2 Z3 �� 2� 26 �2.7 �28 2$N 30 9 5 � 6 � e� _ � � I :, I i ' �h �a�l ' ��5� �� iiza . � I ius� � ��., I:.. ues R. 40 �I, Mo 3� .� �i � u .� 3 .9 B9 50 e! �� " � � 2•s �, .,:- :��::�� . V1/�L54N � .. y � ,.44,5 ' -= S.S'�., 7.y YO � YO J7 �� u .� �i �� i 37 �B7.f9 jC.9 $0 .'.' 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SA[Ni PAVL � AAAA 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 -,❑ . � ` _,e..�� 4 S 1 �'�;�.- �'�� .,,�. ti �: 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 'B.Y Yo /f0 37 •• �� ,� .� v �� .r n .1 3 /J321 0 � � I �//5 � � � •- � »�6 I °o� %2 � I : � . 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SA[Ni PAVL � AAAA 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 -,❑ . � ` _,e..�� 4 S 1 �'�;�.- �'�� .,,�. ti �: 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)