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02-233Return copy to: $JE \ �,�� Council Fyle # d� a.3.� Real Estate Division � Y`S\e'ha � �r� �� O a 3— 140 City Hali Green Sheet # 111616 � �#,��?i; 9 :`' ,,.` � � : ad : i 4 a, ° ". ...n. Presented By Referred To RESOLUTION CITY OF SAINT PAUL, MINNESOTA �� zq Committee: Date 1 BE IT RESOLVED, that, upon the petiuon of Ronaid A. Christenson, as documented in Real Estate 2 Division File Number 17-2001, public properties hereinafter described are hereby vacated and 3 discontinued as public property: and, subject to the herein stated exceptions, the easements within those 4 public properties aze hereby released. 6 The property to be vacated is described as follows: 7 10 11 12 13 14 15 16 17 18 19 Wheeler Street from the Southeasterly line of west Seventh Street, as widened by an arder of the Common Council of the City of Saint Paul on December 4�`, 1889, to the north line of Norfolk Avenue; Munster Avenue from the Southeasterly line of west Seventh Street, as widened by an order of the Common Council of the City of Saint Paul on December 4�`, 1889, to the west line of Davern Street; and Graham Avenue from the Southeasterly line of west Seventh Street, as widened by an order of ihe Common Council of the City of Saint Paul on December 4�'; 1889, to tkae wesrline of Davern Street. 20 This vacauon shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the 21 Saint Paul I.egislative Code as amended, and to the following condiuons: 22 23 1. 24 25 26 2. 27 That the peutioner's, their successors and assigns shall pay $500.00 as an administrative fee for this vacation which is due and payabie within 60 days of the effecuve date of this resoluuon. That the petitioners sha11 replat the development azea. 28 3. That the vacation resoluuon shall not be filed in the Department of Revenue and Records for 29 Ramsey County, Minnesota, nor shall any public properties described herein be vacated, nor shall 30 any utility easements on, under, over or across any properties described herein be released, prior 31 to the approval by the proper City officials and officials of the Saint Paul Regional Water 32 Services of the final plat of the subject property, which sha11 dedicate new rights-of-way and Page 2 Council �11e # D.�-a 33 Green Sheet # 111616 2 3 4 4. utiliry easements replacing those rights-of-way hereby vacated and any subsequent utility easements which may be released. That the vacauon resolution shall be held for recording until the final plat is ready for filing in the said Department of Revenue and Records. 6 7 5. That, on behalf of the Deparnnent of Public W orks of the Ciry of Saint Paul, said vacation shall 8 be subject to the following requirements: 9 10 a. That full-width utiliry easements shall be retained on, over, under, and across, all of the 11 vacated right-of-way to protect the interests of the City of Saint Paul Pubiic Warks Sewer 12 Uulity. Said easements shall be retained unul the uuliues are properly abandoned and/or 13 relocated to the sausfaction of the Department of Public Works and/or, unul new 14 easements or right-of-way are properly shown on the new plat and ready for filing. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 b. That said easements in the right-of-way to be vacated, and in the right-of-way to be dedicated in the new plat, shall reserve the right of the uulity to maintain and operate any sewer facility in or upon said easement and to enter upon said easement, or any portion thereof, at any time and from ume to time, far the purposes of future construction, reconstruction, inspecuon, maintenance or repair of the same, or any part thereof; and shail be subject to the following conditions: No buildings, structures trees or any temporary structure, material storage, fixture, or any other objects which may prohibit normal access to sewer facilities for maintenance purposes will be permitted within the easement area. ii. Improvements in or upon the above described easement that do not prohibit the utility from exercising its reserved rights may be allowed by obtaining written permission from the City of Saint Paul Public Works Sewer Utility with the understanding that the restorauon and costs of such improvements shall be the sole responsibility of the petitioner, its successors and assigns in the event the uulity exercises its reserved easement rights. vi. Should it be necessary that the petitioner's works or improvements be removed or damaged as a result of Saint Paul Public Works Sewer Utility operaUons, all removal, replacement or modification costs shali be bome solely by the petitioner. iv. v. No change from the existing grade within the easement azea shall be permitted without written permission from the Saint Paul Public Works Sewer Utiliry. No change in surfacing within the easement area shall be permitted without written permission from Saint Paui Public Works Sewer Utility. Page 3 Councit FSte # �a—e�.7L3 Green Sheet # 111616 2 0 0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 6. 30 31 32 33 34 35 36 37 38 39 40 41 42 vi. The petitioner, its successors and assigns shall fuily indemnify, defend, and save harmless the Saint Paul Public Works Sewer Utility, its officers, agents, employees, and servants from all suits, acuons or claims which shall arise from any injuries or damages received or sustained by any break in any sewer pipe or connection in said reserved easement, arising out of or resulting from any action or negligence of the petitioner, its employees, agents, or business invitees. c. That if redevelopment of the project area begins prior to all dwellings being vacated by their previous owners and redevelopment operations necessitates disruption to any of the vacated streets and/or utilifies, the petitioner shall be responsible to provide and maintain safe access and utilities until such properties are legally vacated and the entire site is secured by the petitioner. � e. That the peduoners shall dedicate an additional 14 feet along the north side of Norfolk Avenue for the widening of said street and shall be responsible for all costs associated with the reconstrucuon of said Norfolk Street abutung their development. That the peuuoners shall dedicate an addiUOnal 7 feet along the west side of Davern Sueet for the widening of said street and shail be responsible for ali costs associated with the reconstruction of said Davern Street. f. That the pe6tioner shail be responsible for the reconstruction of all streets and removal and/or relocation of utilities within their redevelopment area, to the satisfaction of the City of Saint Paul, Department of Public Works. Said reconstruction shail include, but not be limited to sanitary sewer connecuons, storm lines, catch basins, pavement, curbs, gutters, sueet lighung, street signs and sidewalk, under an ordinance permit issued by the Department of Public Works Street Engineering. That, on behalf of the Board of Water Commissioners of the City of Saint Paul, said vacation sha11 be subject to the following requirements: a. That full-width utility easements shall be retained on, over, under, and across, all of the vacated right-of-way to protect the interests of the Board of Water Commissioners of the City of Saint Paui. Said easements shall be retained until the water facilities are properly abandoned andior relocated to ihe satisfaction of Saint Paul Regional Water Services andlor, until new easements or right-of-way aze properly shown on the new plat and ready for filing. b. That said easements in the right-of-way to be vacated, and in the right-of-way to be dedicated in the new plat, shall reserve the right of the utility to maintain and operate any sewer facility in or upon said easement and to enter upon said easement, or any portion thereof, at any ume and from time to ume, for the purposes of future construction, Page 4 Councii F7ile # !/a .a�.��T Green Sheet # 111616 1 reconstrucuon, inspection, maintenance or repair of the same, or any part thereof; and 2 shall be subject to the following conditions: 4 i. No buildings, structures, trees or any temporary structure, material storage, 5 fisture, or any other objects which may prohibit normal access to water facilities 6 for maintenance purposes will be permitted within the easement azea_ 10 11 12 13 14 15 l6 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 ii. Improvements in or upon the above described easement that do not prohibit the utility from exercising its reserved rights may be allowed by obtaining written permission from the Saint Paul Regional Water Services with the understanding that the restoration and costs of such improvements shall be the sole responsibility of the petitioner, its successors and assigns in the event the utility exercises its reserved easement rights. iii. Should it be necessary that the petiuoner's works or improvements be removed or damaged as a result of Saint Paui Regional Water Services operations, all removal, replacement or modification costs shall be borne solely by the petitioner. iv. n No change from the existing grade within the easement area sha11 be permitted without written permission from the Saint Paul Regional Water Services. No change in surfacing within the easement area shall be permitted without written permission from Saint Paul Regional Water Services. vi. The petitioner, its successors and assigns sha11 fuily indemnify, defend, and save harmless the Boazd of Water Commissioners of the City of Saint Paul, its officers, agents, employees, and servants from ali suits, actions or claims which shall arise from any injuries or damages received or sustained by any break in any service pipe, water main, or connection in said reserved easement, arising out of or resulting from any action or negligence of the petitioner, its employees, agents, or businessinvitees. That the petirioner shall be responsible for all costs associated with the installation, reconstruction, abandonment, cut off or relocation of water faciliUes within its redevelopment area, including but not limited to those in Davern and Wheeler Sueets, and Norfolk, Graham, and Munster Avenues, according to plans approved by Saint Paul Regional Water 5ervices. Said water facility work shall include, but shall not be limited to, mains, hydrants, water service connection and all appurtenances affixed thereto. c. 40 7. That a permanent utility easement shall be retained to protect the interest and rights of Northern 41 States Power Company, d.b.a. Xcel Energy, for exisung electrical facilities cunently located 42 upon, over or under the property which is the subject of this vacation proceeding, until all such 43 facilities are removed from said location and new easements are dedicated; that developer and Page 5 co�� r��e � Oa-a.3.3 Green Sheet # 111616 1 Xcel system designer shall confer and cooperate on the removai and zelocation of facilities; that 2 the petitioner shall be responsible for all costs associated with the installauon, reconstruction, 3 abandonment, cut off or relocation of facilities within its redevelopment area � 10 11 12 13 14 9. 15 16 17 18 19 10. 20 21 22 23 24 11. 25 26 27 28 29 30 31 That a permanent uulity easement shall be retained within the vacated area to protect the interest of Xcel Energy Gas and its ability to service exisung customers within this area until new easements aze dedicated; that when and if these customers are evacuated, Xcel Energy Gas shall release its utility rights in the area; that when construction would be underway for this development, Xcel Energy Gas would install gas pipeline to service the future customers of the development; that the petitioner shall be responsible for all costs associated with the installauon, reconstruction, abandonment, cut off or relocation of water facilities within its redevelopment area. That a permanent utility easement shall be retained on Wheeler Street, as described above, to protect the interest of Qwest Communicauons, Inc. until new easements are dedicated; that the peuuoner shall be responsible for all costs associated with the installation, reconstruction, abandonment, cut off or relocation of water faciliues within its redevelopment area. That a permanent utility easement shall be retained within the vacated area to protect the interest of A. T. & T. Broadband, Inc. until new easements are dedicated; that the petitioner shail be responsible for ali costs associated with the instailation, reconstruction, abandonment, cut off or relocation of water facilities within its redevelopment area. That the petitioner, its successors and assigns shall fully indemnify, defend and save hazmless the City of Saint Paul, its officers, and empioyees from all suits, actions or clanns of any character brought as a result of injuries or damages received or sustained by any person, persons or property on account of this vacation or pe6uoners' use of this property including but not limited to, a claim brought because of any act of omission, neglect, or misconduct of said petiuoners or because of any claims or liability arising from any violation of any law or regulation made in accordance with the law, whether by the petitioner or any of its agents or employees. 32 12. That the petitioner, its successors and assigns shall, within 60 days of the effecuve date of this 33 resoluuon, file with the City Clerk an acceptance in writing of the condiuons of this resolufion 34 and shaii, within the period(s) specified in the terms and conditions of this resoluuon, compiy in 35 all respects with these terms and conditions. 13. This vacation will not oceur until such time as a development agreement is in place and approved by a11 concerned pa�ties. Page 6 Councii F51e # �d-c7 Green Sheet # 111616 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ,. y —., g ,"" � +t � f� ; �_ ;� t � �. ,, , e.. -�.�-� � � � �. 1\_---= � �.� -� � � � '1�_ • - _ • �� r : � �.�- — �� /�.,, !�� C Requested by Department of: Technoloev & Manaeement Services By: �..�.1� ��j�� Director Form Approved by City Attomey )�"`"� sy: A ro d Ma or for Sub ssion to ncil ; PP � Y Y �� /y�} . � L_//, � G:\SAAREDV2EAL. WPdaza\VACATE�Bmce\17.2001.resolution.wpd 0.7-a.3.3 T.M.S./REAL ESTA'I'E DIVISION D�� Febroary 19, 2002 Green Sheet Number: 111616 Yenon md YLone N�ber. 2 EPARTMENT DIRECfOR 4 LTPY COUNCII. BruCe Engelbrekt 266-8854 � 1 'ATTO�Y m��- �7T'1'CLERK UDGET DII2ECT FFICE OF FINAN(7AL SVCS beoaComalAg�la6y: 1�iHiCCH ZO� �.�� 3 YOR(ORASSISTANT) OTAL # OF SIGNAI'URE PAGES 1 CLIP ALL LOCATIONS FOR SIGNATURE CfION REQUESTED: To approve a petition to vacate the following city streets: R'heeler Street, Munster Avenue and Graham Avenue in the area bounded by Norfolk Avenue, Davern Street and West Seventh Stree� Reference: 1) resolntion; 2) petition to vacate; 3) certi�ed ownership report; 4) map; 5) responses from utilities and city de ariments. - OM6fEt�IDATIONS: APPROVE (A) ORRFJECI' (R) �ONAL SERVICE CONTRACTS MUST ANb'WER THE FOLLOWING: PI,APIlVING COA�IMISSION p y�ppp •��e peison/5rm everworked ander a co�.ract for tLis depat�ent? YES NO . Hss this peisoNSrm ever 6een a GYty employce? YES NO C1VII. SERViCE COMMIS.40N . Does fhia persoWflrm possess a slull aot normally possessed by any �s xo crtrrent CB CO1�A411'1'EE empluyee? Ez ' all YES anaweis on a se arate sheet snd aHach. PORTS WFIICH COUNCII.OBJECIIVE? IINCII, � l ? DISTRICT 5 ARD(S� PLANNING COUNCII. TING PROBLEM,ISSUE, OPPORTIJNITY (Whq What, When, Where, Why?): The petitioner proposes to acquire ail properties within this area for development of miaed nse resideutiallcommerciat properties. Vacation of city street right-of-way is also required. New rights- of-way will be approved under a new plat to be filed before eaistin ci ro er ri hts are released. HE COIJNCIL HEARING ON VANTAGES IF APPROVED: THIS MATTER IS SET FOR The developer will be able to proceed with the development ro"ec� *�{. ISADVANTAGESIFAPPROVED: l�'�RCH ZO�,ZOO� None LSADVANTAGES IF NOT APPROVED: R'ithout the vacation, the development work could be delayed, and the project may not proceed as planned. OTAL AMOUNI' OF TRAIVSACTION: $SOO.00 ' C�STIREVENIJE BiJDGETED (CIItCZE ONE) YES NO sre souxcE: N/A ACfIVITY NUMBER N/A AN(:LAL IlYFORMATION: (EXPLAIN) �"�� v �� $500.00 re resents the administrative fee for the vacation. �,av.n�„at...,ro._..,..�,.�,ti,n...__,,,,M„ ��..ma � � � �� e_ �� PETITION TO VACATE CITY INTEREST I(we), the undersigned, constimting a majoriry of the owners (or [heir legally designated representatives) of the abutting properties, do here6y getition the Council of the City of Saint Paul to vacate its interests in the property(ies) legally described as follows: �� i'Cw YK �ieGG�✓ l�- � 3�e. �� y �,��-r �/oi�� / Z�'�_fc:.evr�.cl�� t JT. ��, S�PQ� � �� // �u G-�G� �U�nf� �i�i�ll� 9�1/�7Qcf'P� ��('-ee �t�� I( e) request this vacation for th Ilowing reason(s). (Tndicate whether you will be building on the siteJ �a��v��- l/% � /� � ��'� � �� I(we) have a[tached six copies of the site plans of any development intended for construction on the lands to be vacated. Person(s) responsible for payment of vacation fee and for acceptance of the terms and conditions of Contact Person the vacation: . Name: 4 � /��. Name: Phone: lp/ 2-�j S- /7 2- �7- Address: (j � j " j�,,.� ��, �Address: /2 fr� ��J'�. ,<(�;�� 7��'_ �j/Z�l�. �1�1�• s.r�{6z Alternate Co tact erson Name: �_.k� �p'� ` Name: Phone: �p�Z - ?j �7� � 17G� 7 Phone: Address: /Z ,S(J, }-�� J(�� z� Address A�J,O�. /�4• Yd z Name: Phone: Address: Name: Phone: Address: � .::xy-ia-�ac . Signatures of Uwnert_:::t_prxsantukr-�s of Property(ies) B�'' �� WILLIAM CORY SHEA 1593 PORTLAND AVENUE _ SAINT PAUL, MN 55104-6836 � � � l � — I C .�- 1.1.� �l " L � / � �-� �, AMY HARNISCH 8 TODD HOFFHEINS 1733 GRAHAM AVENUE SAINT PAUL, MN 5511&3010 STEVE MOBERG 1738GRAHAM AVENUE SAINT PAUL, MN 55116-301 t Rt7�5EL'� 8 JE4N BLOCK 1736 GRAHAM AVENUE SAINT PAUL, MN 55116301'I JOHN & SUZETTE BIELINSKI '1737 GRAHAM AVENUE SAINT PAUL, MN 55116-30'10 HOA T. CHAU 1740 GRAHAM AVENUE SAIN7 PAUL, MN 55116-3011 MARY C. FRYER '174'I GRAHAM AVEIVUE SAINT PAUL, MN 55'1�6-30�0 r � � � � } . �1 r a , �`�.�'�'croncormrottlo�nmwnaoo.cm+�s.na�aon�sy�,..r.,�a..rrryM.«nara��„�.,o�a , � pti�ien *'.v sip�Co m mrP�xc� br me pcesan aacAeea im we paumn. c�aa �o�.� Sabn�ibrd u s.vn w r befae ma Ih� �"h dry o[ .Hr� Gl: S!� _ F9P! .JE.(J( �/�.GC�c � �OV � IW�y M % SNAR! �q, hq�� CT�`i pli�, pM Y � R �� MMI06fI�� dAN, �1, �pp{ O1/LSf00 Q9:35 TX/RX N0.3795 P.006 � 1_` �� n i "� " Vh.'�T��.K., ` ' /'� ' � ..—.-......ra �.�J LOUIS & LAUREAN ZAMP� 1401 DAVERN STREET SAINT PAUL, MN 55116-3005 KAGIE M. VACCARO EVA L. TANGEN 1387 DAVERN STREET SAtNT PAUL, MN 551'163D04 PUBLIC HOUSING AGENCY 480CEDAR STREET SUITE 600 ATTN: BARBARA SAINT PAUL, MN 55101-2240 JANET M. WOODFORD 1718 GRAHAM AVENUE SA1NT PAUL, MN 55116-301'I VERONICA FRYER 1721 GRAHAM S7REET SAINT PAUL, MN 55116-3010 REINA & ROGI'.10 MOLINA 1726 GftAHAM AVENUE SAINT PAUL, MN 551163011 P.06iB'7 ° �� t- `� i � JOHN MCCORMICK M 1727 GRAHAM AVENUE G// /� � SAINT PAUL, MN 551�6-3010 ii n Riv�/n �� ` /`J � / �H - am tlleptlitiwa. a ooe OTllle petftloom in the aDOw Irnner, and 7tlo 6c'byanrranCVatt) afde aacxiwo o� enb Pa+OO^ �+��'^ �6YP°� DY me pawn OeeAbrd � �be p/UYOa �,� � Sabrdbcd md srm� m befue me �hit �� dqo[ .�iak f _i!»'a-0Ol r� �ti` /�_ �'J� - My tommiuhn aye , — � / '� �J (<dpc(-lpivj) O1/18/00 09:35 TX/RX N0.3795 P.006 Signatures ni t:wnert•,vRep*��tive(s? � �part�Yf�) r .� J JF7+'3k!—JfE�ld H9=d9 . P.�a/0'7 31soYtulYa of (hvnet(9)IRayresentativets: of Prcnr.rtyl�! 13elow: ��, �� 3 MR. / MRS. AUTHUR A. JOHNSON 1746 GRAHAM AVENUE SAINT PAUL, MN 55116-3011 .__ ' ��1.°�'�.��r ' �_ APRIL KELLEY 1757 GRAHAM AVENUE SAINTPAUL,MN 55'1�6-30f0 �� ARLENE DORSEY SISS '130 NORTH HICKORY STREET PLATTEVILLE, WI 53818-2058 Wk��£�" rG�1�3T��fI� � i�ii�3.�1A��•T:: �7i�'R� DAN{EL C. MELLIN 1753 NORFOLK AVENUE SAINT PAUL, MN 55116-3025 ��.�1��' RICHARD ROY WIERSTAD '1756 NORFOLK AVENUE SAINTPAUL,MN 551�6-3034 � �1�(-�,r rY �a mV.O[ OOC OfSM P°�d 1n 11M?DDVC R+�r, uM Ido Ms6y aw�caM va[Fj We cah ofthc dymmaa w� Nk fm thc Pn« �T � �" mYP�n�Y Ihe P�+OaeALCd in �Le pMNba ca��.s� Sabs�ibcd ud sacm m 4fo�e me Nis Y� dqo[ _�9GS� _Sff93GYJ1 N� �� R �� My��u�,a� /-�i e�i � SHAfli n. AAOORE *.r„TARY f�l:BLiC-MIt8E30TA ?AY C6MMISSION °_} �'3R�S .�.ARl. 31, 2C06 �=�s� . Q1/18/00 09:35 TX/RX N0.3795 P.Oa6 ,,. - /� _ ,�/ / � JAF�-18—�20p p9:49 � p. �i�;+ SiIInawres of Owner(syRepreseatative(s) of PropertyCies) P" a��?, � GLYN TRIVISKI � '1728 MUNS7ER AVENUE - SAINT PAUI., MN 551'163031 �� l2 %l:f��fj k , � (� EDWARD J. MCCABE JR. _� 'IS'12 MELODY LANE SURNSViLLE, MN 55337-2 9 1 4 � 7 5�' 3�/ /liltc�t5�'�,^ — KATHLEEN & ROBERT DESROCHER ' _ 1738 MUNSTER AVENUE _ SAINT PAUL, MN 55'I'I6-303'I � ✓ • � � I, \ afidicp�edl�i�crolFOTtlwpeIIGOOasfnf6eaDOVCmaacr,antl2tloLesbyswcva'WVertfy�nccsnaFNcdgna�ursaondri.. pecifion wat siPicd n mY M�aM' ux pccson acenhre in Nc petition. rn;d� < $uMcriLed a�d sw �o � ae Ihii �� dayof fi1/AL[S� .I9AP-�Q7( �Sl� A. �� No� r M / 3/-05 Kato�t-�oa.s> � �HAR� A. MOORE .� "!C:�.4RVPU8i1C-MI�TA .N'x COMMISSlON �xresyjES,IAA�.31, 2(l0.�1 ,... 01/18/00 09:35 TX/RX H0.3795 P.006 � QUALITY ABSTRAG°r, INC. 7582 Currell Boulevazd, Suite 111 Woodbury, Minnesota 55125 Phone (651} 739-8597 Fax (651) 739-8492 D � -_ �� 3�1 � September 17, 2001 Mr. Ronald A. Christenson c/o Christenson Corporation 12 South Sixth Street - Suite 715 Minneapolis, MN 55402 Subject: TMS Department File No. 17-2001 To whom it may concern: r= �� a�u�� s; ��atih� I �J � �� n N � fPN^ �{2 Quality Abstract, Inc. does hereby certify that a search of Ramsey County Minnesota tax records discloses that as of September 14, 2001, the owners of the properties abutting the public right-of-way described as Munster Avenue from the Southeasteriy line of W. 7th Street to the West line of Davern Street; Graham Avenue from the Southeasterly line of W. 7th Street across Wheeler Street to the West line of Davern Street; and Wheeler Street from the Southeasterly line of W. 7th Street to the North line of Nortolk Avenue are as follows: See Attached Exhibit "A". This report represents the professional opinion of Quality Abstract, Inc. regarding ownership of the above described properties; it is not intended, nor shall it be construed, as a guarantee of title. Quality Abstract, Inc. assumes no liability for errors or omissions. Sincerely, -�. `� # -� / n-�un,�Pf� s,�V'�'u�cS � ��4:� C8W-'J `� � N n $ �e (- O � � Sandra L. Johnson Licensed Abstracter Quality Abstract, Inc. G�ra�naw� Wl, e��,t� �� b i 3Z � I esS � a�zYlaps� A FULL SERVICE ABSTRACT COMPANY _y Z� � Z t,S Leaal Description and PIN S 49 745/100 ft of Lot 1, Block 9, Homecroft 21-28-23-13-0086 NYzofLotlandE �/z of N�/z of Lot 2, Block 9, Homecroft 21-28-23-13-0088 W�hofN�fzofLot2, Block 9, Homecroft 21-28-23-13-0089 W�� of S'� of Lot 2, Block 9, Homecroft 21-28-23-13-0090 E'hofS�hofLot2, Biock 9, Homecroft 21-28-23-13-0091 Ex W 45 ft the N'/z Lot 3, Block 9, Homecroft 21-28-23-13-0092 SE Ya of Lot 3, Block 9, Homecroft 21-28-23-13-0094 EXHIBIT "A" Property is: Fee Owner Abstract Eva L. Tangen 1387 Davern Street St. Paul, MN 55116-3004 Torrens Nate and Kate Realty, inc. 2550 Seventh Street W. St. Paul, MN 55116-3007 Property Address: 1367 Davern Street St. Paul, MN 55116-3004 Abstract John W. Louck 2650 - 96th Street E. Inver Grove Heights, MN Property Address: 1724 Munster Avenue St. Paul, MN 55116-3031 Abstract Irene E. Youngs 1721 Graham Avenue St. Paui, MN 55116-3010 Abstract Public Housing Agency 480 Cedar Street St. Paul, MN 55101-2240 Property Address: 1715 Graham Avenue St. Paul, MN 55116-3010 Abstract Giyn Triviski 1728 Munster Avenue St. Paul, MN 55116-3031 Abstract John McCormick 1727 Graham Avenue St. Paul, MN 551 1 6-301 0 �� 33'� Con#ract Purchaser '. N�A s ✓ N/A S � N/A 55077-04937 N/A N/A N/A N/A � V Page 1 of 4 pages SW �/a of Lot 3, Block 9, Homecroft 21-28-23-13-0095 W52ftofNE�/aof Lot 4, BloCk 9, Homecroft 21-28-23-13-0096 W'h of N�/z of Lot 4, Block 9, Homecroft 21-28-23-13-0097 ExW50RofS'/zof Lot 4, BloCk 9, Homecroft 21-28-23-13-0098 Ex S 127 ft Lot 5, Block 9, Nomecroft 21-28-23-13-0099 ExE54ft;S127ft Lot 5, Block 9, Homecroft 21-28-23-13-0100 Abstract Amy Harnisch & Todd Hoffheins 1733 Graham Avenue St. Paul, MN 55116-3010 Abstract Kathleen F. Desrocher 1738 Munster Avenue St. Paul, MN 55116-3031 Abstract Terrence M. Dempsey 1742 Munster Avenue St. Paul, MN 55116-3031 Abstract Suzette J. Bielinski 1737 Graham Avenue St. Paul, MN 55116-3010 Abstract Dayton Neff Corporation 9116 Westmoreland Lane St. Louis Park, MN 55426-1943 Property Address: 2600 - 7th Street W. St. Pauf, MN 55116-3039 Abstract April E. Kelley 1757 Graham Avenue St. Paul, MN 551 1 6-301 0 Mary C. Fryer 1741 Graham Avenue St. Paul, MN 55116-3010 W 50 ft of S'f� of Lot Abstract 4, &E54ftofS 127ft Lot 5, Block 9, Homecroft 21-28-23-13-0101 N�/z of Lot 1, Block 11, Homecroft 21-28-23-13-0102 Abstract Arlene Dorsey Siss 130 N. Hickory Street Piatteville, WI 53818-2058 Property Address: 1762 Graham Avenue St. Paul, MN 551 1 6-301 2 o� ° ��3� N�A � � N/A N/A ; v J N,A S � N/A N/A N/A s V N/A Page 2 of 4 pages ExW70ftofS�hof lot'I, SloCk i1, Homecroft 21-28-23-13-0103 NE �/a of Lot 2, Block 11, Homecroft 21-28-23-13-0107 Abstract Gwendolyn D. Lewis 5020 Old Shakopee Rd. W. Bioomington, MN 55437-3032 Property Address: 1759 Norfolk Avenue St. Paul, MN 55116-3035 Abstract Project for Pride in Living 2516 Chicago Avenue S. Minneapolis, MN 55404-4517 Property Address: XXXX Norfolk Avenue St. Paul, MN 55116 NW �/a of Lot 2, & N'h Abstract Lot 3, Block 11, Homecroft 21-28-23-13-0108 N�/z of Lot 2, Block Abstract 12, Homecroft 21-28-23-13-0114 NE �/a of Lot 3, Block Abstract 12, Homecroft 21-28-23-13-0116 NW Ya of Lot 3, Block 12, Homecroft 21-28-23-13-0118 W40ftofS�hof Lot 5, BloCk 12, Homecroft 21-28-23-13-0123 N�/z of Lot 5, Block 12, Homecroft 21-28-23-13-0124 Project for Pride in Living 2516 Chicago Avenue S. Minneapolis, MN 55404-4517 Property Address: 2600 Gannon Road St. Paul, MN 55116-2661 Janet M. Woodford 1718 Graham Avenue St. Paul, MN 551 1 6-301 1 Reina Molina 1726 Graham Avenue St. Paul, MN 551 1 6-301 1 Abstract William Cory Shea 1593 Portland Avenue St. Paul, MN 55104-6836 Property Address: 1732 Graham Avenue St. Paul, MN 55116-3011 Abstract Daniel C. Mellin 1753 Norfolk Avenue St. Paul, MN 55116-3025 Abstract Jeanette Elaine Johnson 1746 Graham Avenue St. Paul, MN 55116-3011 Page 3 of 4 pages � L• ° � � �� N/A N/A S� S ✓ N/A S V N/A N'A S V N/A N/A � � N/A Ex W52 ft; NE�/< of Lot Abstract 4& pt of W45 ft of N�/z Lot 3, Block 9, Homecroft 21-28-23-13-0127 ExE60ft;N�fzof Lot 4, Block 12, Homecroft 21-28-23-13-0131 E60ftofN �/zof Lot 4, Block 12, Homecroft 21-28-23-13-0132 Edward J. McCabe, Sr. 1812 Melody Lane Burnsville, MN 55337-2914 Property Address: 1734 Munster Avenue St. Paul, MN 55116-3031 Torrens Hoa T. Chau 1740 Graham Avenue St. Paul, MN 55116-3011 Abstract Jean D. Moberg 1736 Graham Avenue St. Paul, MN 55116-3�11 Lot 2, Block 8, Homecroft & all of Thomas E. Sime's Sub all of D.C. Burgner's Rearrangement 21-28-23-13-0133 Ex S 146.7 ft; Lot 1, Block 12, Homecroft 21-28-23-13-0137 Torrens Nate and Kate Realty, Inc. 2550 Seventh Street W. d& St. Paul, MN 55116-3007 Abstract Louis Zampino 1401 Davern Street St. Paul, MN 55116-3005 02 • �33� N/A � S N/A N � A S V N/A S V N/A Page 4 of 4 pages \�/ � I � >" ' � � ____�_____�__ ,mo �N �N �� : i �,�� l A-[7l-c�LT��_�_�_�� . L r � {,_ i � -� F � � � � �� f w� ; a_v_ � _ - ._ ., � Y + � 3 ; ��-. �� _ � : _�m y � � m �� I � � `e �, rn r � L.e� c � N::✓L�- N N � � li Q' C � p �� n �� S ^ � � { � fV �s�;."s ..�'.;�5" � n " tOM � �N��' �r O � N K? ��^ ``�:; � �` �`i'�". =`x� � � ?: J �O th L__ � N � �. "� . �_ � � d�. ; V � --� � �=---- � =- �: ---- o---.-- ;- : � .,.-_ �. � N I o^ � N n.��:� �.�„'� I Y � sU I � � � � � ��;.�h N N "M1�� L�J , :s;`•[ �r� : 'fi�"t::_ ! . .Y. _ / U � 4L � ✓ ! .... . .. . -_- . w °T .. a : 9 N � 'y `P y_,. � .: � �� r O \ �� V ��;_.. I . '' °'o �� 0 �r� r�""'T_ o. , . ___'�- o � i �' �r __ . _ � ....... ........._._ _ _ "':. . � i�'� .�.��--._..,� �` � _ �► �, � �� rT� --�.\ Reply to Vacation Inquiry File # 17-2001 ld g-* ° 4�� # of Pages i To: Bruce Engeibrek �From; Vicki Determan City of St. Paul Qwest Real Estate Division COmmunicafions Phone # 266-8850 phone x Fax #t 266-8855 Fax # We have no objections to this vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � We will approve this vacation subject to the foilowing condiUons : . . . . . . . . . . . . . . . . . . . � For the following reasons, we cannot approve this vacation : . . . . . . . . . . . . . . . . . . . . . . . . . Q 1�l.eet, ��'v��.�,t�i,lr� eecSsCm.�� Y�-S � uJheer(�' Sfi � , . , . � �u't,d, �t. u,vt�`�' tc �� o i �ignea Date G:WSF3iSEngei\wp6les\vacate\I7200LInq Lirs.wpd ,. � � e � � � �,� # of Pages 1 Reply to Vacation Inquiry F110 # 1�-2��1 to: �Bruce Engelbrek •erom: City of St. Paul Xcel Real Estate Division Sitin Phone 266-8850 Phone� Fa<Y 266-88�5 Faxt & Land Rights We have no objections to this vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � We will approve this vacation subject to the following conditions : . . . . . . . . . . . . . . . . . . . . � For the following reasons, we cannot approve this vacation : . . . . . . . . . . . . . . . . . . . . . . . . . ❑ Xcel Energy will retain its rights for existing lelctrical facilities currently located upon, over or under the property which is the subject o£ this vacation proceeding, until all such facilities are removed from said location. Developer and Xcel system designer will confer and cooperate on removal and relocation of facilities. i.iv�l'Y= + r; � l Signed Kathleen/ P.� Blomquist Sr Real�'Estate Representative G •USEAS�En_el\wpfles\vacate\i7 �OOLInq L�rs.��pd November 16, 200 Date .� � � y . #ofPages 1 Reply to Vacation Inquiry File # 17-2001 To: Bruce Engelbrekt� •From: Real Estate Aivision Gas Division Phone # 266-8850 Phone # Fa�� 266-8855 Fax# We have no objections to this vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Q We will approve this vacation subject to the following conditions : . . . . . . . . . . . . . . . . . . . . Q For the following reasons, we cannot approve this vacation : . . . . . . . . . . . . . . . . . . . . . . . . . Q S�-� C�l 1 GIC� �C:C� C� GG :; +'v� �i� � �cCEi�/c � . `.'•'J �a � c:i! �SrAYE ii;J�Si� �. /0�3a z n� � , Date G.\USERS�Engel\wpfiles\vacateU 71001.1nq Ltrs wpd a�•23� October 30, 2001 Mr. Bruce Engelbrekt Real Estate Division Subject: TMS Department File No. 17-2001 Dear Mr. Engelbrekt: Xcei Energy Gas has reviewed the plans to develop the Gateway Vifiage Project. At this time, Xcel Energy must retain its easement rights in the area under question so as to be able to service our existing customers within the this area. �Vhen/if these customers were evacuated, Xcel Energy Gas would have no problem releasing its utility rights in the area. When construction would be underway for this development, Xcel Energy Gas would like to install gas pipeline to service the future customers of this development. Please contact me at 651-229-2389 with any questions regarding this manner. Sincerely, / ' L � � ' ' Robert J. Stech Jr. Gas Distribution Engineer Xcel Energy Gas Q�� 233�� `' PEC�►vL� MCI WORLDCOM �'? v TM7 [;. ��t- FsrqrE �;v�sr I0/3I/2001 CITY OF SAINT PAUL Bruce Engelbrekt Real Estate Division 140 City Hall Saint Paul, MN 55102 Nazional Support / Inves[igations Dep[ 2855 Lac 642 2250I.akeside Bivd Richardso4 TX 75082 RE: 17-2001- VACATION - MUNSTER AVENLTE, GRAIiAM AVENUE AND WiiEELER STREET - St. Paul, Ramsey, Minnesota MCIW ID: 9474-2001 Desr Sir or Madam: MCIWorldCom has been notified by your office regarding the above referenced project. For your records, in reviewing the area in question, it has been determined that MCIWorldCom does not haue facilities within your project area. You should address wrrespondence concerning any future projects to the attention of National Supportllnvestigations at the above address. If you need further assistance with this project, please do not hesitate to call Charles Welch at972-656-6016. Sincerely, � u�'�?-eXl, Joe Acosta National Support / Investigations 972/656-6016 °�' �'� � � � �` � # of Pages 1 ro: Reply to Vacation Inquiry File # 17-2001 Phone # Fax t� 3ruce Engelbrekt •From :�David Urke City of St. Paul District Energy Real Estate Division $t. Paul, Inc. 266-8850 phoneu (651) 297-8955 We have no objections to this vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � We will approve this vacation subject to the following conditions : . . . . . . . . . . . . . . . . . . . . Q For the following reasons, we cannot approve this vacation : . . . . . . . . . . . . . . . . . . . . . . . . . � DISTRICT ENERGY ST. PAUL, INC., AND DISTRICT COOLING ST. PAUL, INC., HAVE NO EQUIPMENT IN THE AREA TO BE VACATED AND HAVE NO OBJECTION TO THE VACATION. ��.��i� " ` � T � 5 j7_� � � ='•'_ C.�.'?� i_ C , � . � Di�Ji„1�., � �Signed DAVID . URKE, P.E PROJECT MANAGER � OCTOBER 25, 2001 Date G:\USERS�Engel\wpfiles\vacateV 7200 Llnq Ltrs.wpd � � � m � � q � # ofPages 6J '=. .i ro: Bruce Engelbrekt� •From: Reply to Vacation Inquiry Real Estate Division File # 1�-2001 Phonell 266-8850 Fax# 266-8855 We have no objections to this vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 We will approve this vacation subject to the following conditions : . . . . . . . . . . . . . . . . . . . .� For the following reasons, we cannot approve this vacarion : . . . . . . . . . . . . . . . . . . . . . . . . . Q \(� � r�- � �G�� ro��j�2 �1G�C" '`n SG fl�.�s cice� � � �.45��\ S ci`� Gyu..s¢,� , D Signed �� D � Date G:\USERS�Engel\�ryFles\vacareU71001.Inq Lhs.wpd DEPARTMENT OF PUBLIC WORKS Robert Sandquist, Director _� - = sm � .� To: CTTY OF SAINT PAUL Randy C. Kel(y, Mayor Bruce Engelbrekt Saint Paul Real Estate 140 City Hall From: Linda Murphy �� Saint Paui Pubiic Works 800 City Hail Annex Re: TMS File # 17-2001 Gateway Village Shepard/Davern development project Vacation of Graham, Wheeler, and Munster Date: February 7, 2002 800 Ciry Hall Annec 25 Wesr Founh Street SaintPaul, Minnesota 55102-1660 Phone: 651-266-6150 F¢z:651-298-4559 The Department of Public Works has completed a review of the above-referenced project and has no objections to their vacation proposal, subject to the following: 1) That the petitioners shall replat the development area. (Need description and/or drawing of the project azea) 2) That the vacation resolution shall not be filed in the Department of Revenue and Records for Ramsey County, Minnesota, prior to the approval by the proper City officials of the fmal plat of the subject property, which shall dedicate new rights-of-way and utility easements replacing those rights-of-way hereby vacated and any subsequent utility easements which may be released. That the vacation resolution shall be held for recording until the final plat is ready for filing in the said Department of Revenue and Records. 3) That full-width utility easements shall be retained on, over, under, and across, all of the vacated right-of-way to protect the interests of the City of Saint Paul Public Works Sewer Utility. Said easements shall be retained untii the utilities are properly abandoned and/or relocated to the satisfaction of the Department of Public Works and/or, until new easements or right-of-way are properly shown on the new plat and ready for filing. (The typical easement restrictions shall apply. See attached.) Responsive Services • Qualiry Faci(ities • Emp[oyee Pride � '. •` 0R � D Eve � � Memo to B. Engelbrekt, conYd - page 2 4) That if redevelopment of the project area begins prior to all dwellings being vacated by their previous owners and redevelopment operations necessitates disruption to any of the vacated streets and/or utilities, the petitioner shali be responsible to provide and maintain safe access and utilities until such properties are legally vacated and the entire site is secured by the petitioner. 5) That the petitioners shall dedicate an additional 14 feet along the north side of Norfollc Avenue for the widening of said street and shall be responsible for all costs associated with the reconstruction of said Norfolk Street abutting their development. 6) That the petitioners shall dedicate an additional7 feet along the west side of Davem Street for the widening of said street and shall be responsible for ali costs associated with the reconstruction of said Davern Street. 7) That the petitioner shall be responsible for the reconstruction of all streets and removal and/or relocation of utilities within their redevelopment azea, to the satisfaction of the City of Saint Paul, Department of Public Works. Said reconstuction shall include, but not be limited to sanitary sewer connections, storm lines, catch basins, pavement, curbs, gutters, street lighting, street signs and sidewalk, under an ordinance permit issued by the Department of Public Works Street Engineering. Attachments lcm copy: Bruce Elder Gary Erichson Pete Gallagher Jeff Grosso Bill Hagland Mike Klassen Dave Marruffo 7ohn Moriarty Leon Pearson Jerry Strauss Bill Tschida �_ �� That a permanent utility easement shall be retained on, over, under and across the vacated area on behalf of the City of Saint Paui, Department of Pubiic 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 tune and from time to time, for the purposes of future construction, reconstruction, inspection, maintenance, or repair of the same or, any part thereof. Said utility easement shall be subject to the following conditions: a. No buildings, structures, trees or any temporary structure, material storage, fvcture, or any other objects which may prohibit normal access to utility facilities for maintenance purposes will be permitted within the easement area. b. Improvements in or upon the above described easement that do not prohibit the City from exercising its reserved rights may be allowed by obtaining written permission from the Department of Public Works Sewer Division with the understanding that the restoration and costs of such improvements shall be the sole responsibility of the petitioner, its successors and assigns in the event the City exercises its reserved easement rights. c. Should it be necessary that the petitioner's works or improvements be removed or damaged as a result of the Department of Public Works operations, all removal, replacement or modification costs shall be bome solely by the petitioner. d. No change from the existing grade within the easement area shall be permitted without written permission from the Department of Public Works Sewer Division. e. No change in surfacing within the easement azea shall be permitted without written permission from the Department of Public W orks Sewer Division. f. The petitioner, its successors and assigns shall fuliy indemnify, defend, and save hanniess the City of Saint Paul, its officers, agents, employees, and servants from all suits, actions, or ciaims which shall azise from any injuries or damages received or sustained by any break in any service pipe or connection in said reserved easement arising out of or resulting from any action or negligence of the petitioner, its employees, agents, or business invitees. ��c��v�ti4� � �3�� 1 1 2;i9i TO: FROM: DATE: SUBJECT Memorandum Engi�eering Division REAL ES7A7E DlVISiOP� Our Mission: We ezist to provide reliab[e, quality water and services to customers for resideraial, commercial, industrial and fzre protecaon purposes at a reasonable cost. Bruce Engelbrekt Saint Paul Real Estate Bill Tschida � Unit Supervisor - ngmeering February 8, 2002 TMS File # 17-2001 Gateway Village Shepard/Davern development project Vacation of Graham, Wheeler, and Munster Saint Paul Regional Water Services has no objection to the above street vacation request, subject to the following requirements: That the petitioners shall replat the development area. (Need description and/or drawing of the project area) 2. That the vacation resolution shall not be filed in the Department of Revenue and Records for Ramsey County, Minnesota, prior to the approval by the Saint Paul Regional Water Services of the final plat of the subject property, which shall dedicate new rights-of-way and utility easements replacing those rights-of-way hereby vacated and any subsequent utility easements which may be released. That the vacation resolution shall be held for recording until the final plat is ready for filing in the said Department of Revenue and Records. 3. That full-width utility easements shall be retained on, over, under, and across, all of the vacated right-of-way to protect the interests of the Board of Water Commissioners of the City of Saint Paul. Said easements shall be retained until the water facilities are properiy abandoned and/or relocated to the satisfaction of Saint Paul Regional Water Services and/or, until new easements or right-of-way are properly shown on the new plat and ready for filing. (Board of Water Commissioners standard easement provisions shall apply. See attUChed.) � '. �/ � ." �. �... Mr. Bruce Engelbrekt February 8, 2002 page 2 4. That the petitioner shall be responsible for all costs associated with the installation, reconstruction, abandonment, cut off or relocation of water facilities ��ithin its redevelopment area, including but not limited to those in Davern and Wheeler Streets, and Norfolk, Graham, and Munster Avenues, according to plans approved by Saint Paul Regional Water Services. Said water facility work shall include, but shall not be limited to, mains, hydrants, water service connection and all appurtenances afixed thereto. Attachments WLT copy: Bruce Elder Gary Erichson Pete Gallagher Jeff Grosso Bill Hagland Mike Klassen Dave Marruffo John Moriarty Linda Murphy Leon Pearson Jerry Strauss � � s � � � Standard Easement Provisions Board of Water Commissioners Revision date: November 20, 2001 That a permanent utility easement shall be retained on, over, under and across the vacated area on behalf of the Board of Water Commissioners of the City of Saint Paul to reserve the right of the Board to maintain and operate any water facility 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, inspection, maintenance or repair of the same, or any part thereof. Said utility easement shall be subject to the following conditions: a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any other objects which may prohibit normal access to water facilities for maintenance purposes will be permitted within the easement area. b. Improvements in or upon the above described easement that do not prohibit the Board from exercising its reserved rights may be allowed by obtaining written permission from Saint Paul Regional Water Services with the understanding that the restoration and costs of such improvements shall be the sole responsibility of the petitioner, its successors and assigns in the event the Board exercises its reserved easement rights. c. Should it be necessary that the petitioner's works ar improvements be removed or damaged as a result of Saint Paul Regional Water Services operations, all removal, replacement or modification costs shall be borne solely by the petitioner. d. No change from the existing grade within the easement azea shall be permitted without written permission from Saint Paul Regional Water Services. e. No change in surfacing within the easement area shall be permitted without written permission from Saint Paul Regional Water Services. £ The petitioner, its successars and assigns shall fully indemnify, defend, and save harmless the Board of Water Commissioners of the City of Saint Paul, its officers, agents, employees, and servants from all suits, actions or claims which shall arise from any injuries or damages received or sustained by any break in any service pipe, water main, or connection in said reserved easement, arising out of or restdting from any action or negligence of the petitioner, its employees, agents or, business invitees. N�CLERICAL\FOrm letters\Vaca6on PeU6ons\Standard Responses\Easement provisions 15-20-0'i wpd &J :�. s £m. � � � � # of Pages 1 To: Reply to Vacation Inquiry �lle # 17-2��1 PhoneK Fa�c €F 3ruce �ngelbrek �From: i:raTUC � City ofSt. Paul police Depart� Real Estate Division 100 E. l l St. We have no objections to this vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �� We will approve this vacation sub}ect to the following conditions : . . . . . . . . . . . . . . . . . . . . Q For the following reasons, we cannot approve this vacation : . . . . . . . . . . . . . . . . . . . . . . . . . Q Signed //-2•�/ Date G:\USERS�Enge�wpfiles\vacateU 72001.inq Ltrs.wpd Repiy to Vacation Inquiry File # 17-2001 °�" �ax n �_�, `�� M of PsgeS I 3ruce En brek •�m: Chris Cahill Ciry of Sc. Paui gjre & Safety Srvcs Real Fstaco Division 100 E. ll St # We have no objections to this vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � We will approve this vacation subjec[ to the following conditions : . . . . . . . . . . . . . . . . . . . . Q For the following reasons, we cannot approve this vacation : . . . . . . . . . . . . . . . . . . . . . . . . . Q �. G'W SERS�Engcllwpfilcs\roca¢\I7300 L2nGNttIngG,¢s.wpd �3�� Date Page 1 of 1 � .. �. � �% � Bruce Engeibrekt - 17-2001 vacations for Gateway Viliage From: Tom Beach To: Engelbrekt, Bruce Date: 2/15/200210:22 AM Subject: 17-2001 vacations for Gateway Village per the voicemail message I left, my only concem about the proposed vacation is that we have houses fronting on these streets. this needs to 6e addressed by some condition or contingency in the vacation. IeYs talk Tom Beach LIEP 350 Saint Peter Street #300 Saint Paul, MN 55102 651-266-9086(phone) 651-266-9099(fax) tom,€�each�ci stpaul,mn_us (email) file://C:�Documents%20and%20Settings\engelU.ocal%20Settings\Temp\GW} 2/25/2002 Ta: Reply to Vacation Inquiry File # 17-2001 Phone # Fa�c % ��e �.3,�� ;ruce Engelbrek •F�om: :- City of St. Pavl St. P Real Estate Division 210 � 266-8850 phone 266-8855 Fax � # of Pages 1 ole Williams Public Libr. Hall We have no objections to this vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � We will approve this vacation subject to the following conditions : . . . . . . . . . . . . . . . . . . . . Q For the foliowing reasons, we cannot approve this vacation : . . . . . . . . . . . . . . . . . . . . . . . . . Q 1� Signed � - Date T G\USERS�Engel\wpfiles\vacate\ll200I.Inq Lvs.wpd OCT-30-2001 13�27 STP PRRKS & RECRERTION tJ � � 612 292 7405_ P.01i01 � P • Toz Bruce Engelbreb •Froro: John Wirka �, City of St Paul p�y, 6f Parks & Rec RePly to V2CatioIl ItlqUlry ' Real Estate Division 300 City Hall Annex File # 17-2001 �one# z6�saso Yllone7l Fau # 266-8855 Faz � We have no objections :o this vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �� We will approve this vacation subject to the following conditions : . . . . . . . . . . . . . . . . . . . . Q For ihe following reasons, we cannot approve this vacation : . . . . . . . . . . . . . . . . . . . . . . . . . Q Signed L'.WS�iS�Eltsd�wpf te�weme\17.20D1 ]nq lm.wpd � a Dat TOTAL P.01 OCT-30-2001 13�23 PED 14TH FLOOR Reply to Vacation Inquiry File # 17-2001 0 � ° � � � � 6512283220 P. B1i07 ro: Bru ce Engelbrek, ,•r•�om: Panl Dubruiel ciry oFSc. rau�. pa8�ng & Econ Dev Real Estate Division 1100 City �Iall Anne:� Phonea 266-$850 phonci� s� a 266-8855 Fax � We have no objections to this vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � We will approve this vacation subject to the following conditions : . . . . . . . . . . . . . . . . . . . . ❑ For the following reasons, we cannot approve this vacation : . . . . . . . . . . . . . . . . . . . . . . . . . � 7 � • Signed Ct.W SERS�E�6enw�GloAva.�d7?20D1.1n0 Lm.wDd /o-�O�d ( Date � Q�0�3�� . � NOTICE OF PUBLIC HEARING Notice is hereby given that the petition of Ronald A. Christenson, for the vacation of city right of way in the area bounded by Davern Street, Norfolk Avenue and West Seventh Street for the Gateway Village Project as more fully described on file 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 tloor of City Hall and Court House on the 20th day of March, 2002 at 5:30 P.M. Dated February 21, 2002 Shari Moore Deputy City Clerk (February 25, 2002) �� ° �� Interdepartmental Memorandum CITY OF SAINT PAUL � ; f To: All Council Members From: Peter White '�`/�'�'� Right of WayEngine� �� 140 City Hall Date: February 19, 2002 _ �u�sje�t `T�IS��esl �St�t� I3i3ns�� aearic�n I�i1� �Ip, }7: �(SOi . - _ I recommend that a public hearing before the City Council be held on �areh �Q; 2�� The purpose of this hearing is to consider a resolution to vacate city right of way in the azea bounded by Davern Street on the east, Norfolk Avenue on the South, and West Seventh Street on the west and north, in order to construct a new mixed use development by the Christenson Corporation. This property is located in City Council District's, Pianning District 1�. cc: Shari Moore City Clerk's Office 170 City Hall G:�SAARED�REAL WPdata\VACATE�Bmce\17.2001.Arg RqsLwpd ��/ FERDINAND F. PETERS, Esq. Law Firm 2575 University Avenue West, Suite 130A, St. Paui, Minnesota 55114 Phone: (651) 647-6250 Fax: (651) 649-0600 March 15, 2002 Mr. Jerry Blakey Ward 1, Room 310-A City tialf Saint Paul, MN 55102 Mr. Pat Harris Ward 3, Room 310-C City Hail St. Paul, MN 55102 Mr. Jim Reiter Ward 5, Room 320-A City Hall St. Paul, MN 55102 Ms. Kathy Lanfry Ward 7, Room 320-C City HaII St: Paul, MN 551 Q2 Mr. Chris Coleman Ward 2, Room 310-B City HaII Saint Paul, MN 55102 Mr. Jay Benanav Ward 4, Room 310-D Gity Hall St. Paul, MN 55102 RECEIVED Mr. Dan Bostrom Ward 6, Room 320-B City Hall St. Paul, MN 55102 (�IAR 1 8 2002 COUNCIlME14tBER CHRfS C�LEMRi� Subject: Letter of Opposition to Petition for Vacate to City Streets File No. 17-2001 Gateway Village Project on West 7' Street in St. Paul Dear St. Paul Council Members: f represent the owners of the property located at 1724 Munster Avenue, St. Paul (the Louck'sl. My clients are strenuously opposed to the vacation of #he city strests for the purposes of assisting the tenuous Gateway Village project proposer. My clients have not sold their property to anyone. They conduct a business at that location, which is as an apartment building providing residential accommodation. My clients feel that the Gateway Viliage project (and now with the request for street vacation), is a direct interference with conducting their apartment rental operations at 1724 Munster Avenue. My ciients believe that at a minimum the city council should make any street vacation approyal dependent not only upon an approved plat and the approvai and completion of the entire Gafeway Village project w ic s o`u d�not be allowed to occur in "phases"), buf also that the street vacation, if approved, should include an indemnification provisioh directly protecting my clients for any damage to their property or to their business. Amendment to Item 29 - March 20 Add Condition #13 - This vacation will not occur until such time as a development agreement is in place and approved by all concemed parties. Return copy to: $JE \ �,�� Council Fyle # d� a.3.� Real Estate Division � Y`S\e'ha � �r� �� O a 3— 140 City Hali Green Sheet # 111616 � �#,��?i; 9 :`' ,,.` � � : ad : i 4 a, ° ". ...n. Presented By Referred To RESOLUTION CITY OF SAINT PAUL, MINNESOTA �� zq Committee: Date 1 BE IT RESOLVED, that, upon the petiuon of Ronaid A. Christenson, as documented in Real Estate 2 Division File Number 17-2001, public properties hereinafter described are hereby vacated and 3 discontinued as public property: and, subject to the herein stated exceptions, the easements within those 4 public properties aze hereby released. 6 The property to be vacated is described as follows: 7 10 11 12 13 14 15 16 17 18 19 Wheeler Street from the Southeasterly line of west Seventh Street, as widened by an arder of the Common Council of the City of Saint Paul on December 4�`, 1889, to the north line of Norfolk Avenue; Munster Avenue from the Southeasterly line of west Seventh Street, as widened by an order of the Common Council of the City of Saint Paul on December 4�`, 1889, to the west line of Davern Street; and Graham Avenue from the Southeasterly line of west Seventh Street, as widened by an order of ihe Common Council of the City of Saint Paul on December 4�'; 1889, to tkae wesrline of Davern Street. 20 This vacauon shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the 21 Saint Paul I.egislative Code as amended, and to the following condiuons: 22 23 1. 24 25 26 2. 27 That the peutioner's, their successors and assigns shall pay $500.00 as an administrative fee for this vacation which is due and payabie within 60 days of the effecuve date of this resoluuon. That the petitioners sha11 replat the development azea. 28 3. That the vacation resoluuon shall not be filed in the Department of Revenue and Records for 29 Ramsey County, Minnesota, nor shall any public properties described herein be vacated, nor shall 30 any utility easements on, under, over or across any properties described herein be released, prior 31 to the approval by the proper City officials and officials of the Saint Paul Regional Water 32 Services of the final plat of the subject property, which sha11 dedicate new rights-of-way and Page 2 Council �11e # D.�-a 33 Green Sheet # 111616 2 3 4 4. utiliry easements replacing those rights-of-way hereby vacated and any subsequent utility easements which may be released. That the vacauon resolution shall be held for recording until the final plat is ready for filing in the said Department of Revenue and Records. 6 7 5. That, on behalf of the Deparnnent of Public W orks of the Ciry of Saint Paul, said vacation shall 8 be subject to the following requirements: 9 10 a. That full-width utiliry easements shall be retained on, over, under, and across, all of the 11 vacated right-of-way to protect the interests of the City of Saint Paul Pubiic Warks Sewer 12 Uulity. Said easements shall be retained unul the uuliues are properly abandoned and/or 13 relocated to the sausfaction of the Department of Public Works and/or, unul new 14 easements or right-of-way are properly shown on the new plat and ready for filing. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 b. That said easements in the right-of-way to be vacated, and in the right-of-way to be dedicated in the new plat, shall reserve the right of the uulity to maintain and operate any sewer facility in or upon said easement and to enter upon said easement, or any portion thereof, at any time and from ume to time, far the purposes of future construction, reconstruction, inspecuon, maintenance or repair of the same, or any part thereof; and shail be subject to the following conditions: No buildings, structures trees or any temporary structure, material storage, fixture, or any other objects which may prohibit normal access to sewer facilities for maintenance purposes will be permitted within the easement area. ii. Improvements in or upon the above described easement that do not prohibit the utility from exercising its reserved rights may be allowed by obtaining written permission from the City of Saint Paul Public Works Sewer Utility with the understanding that the restorauon and costs of such improvements shall be the sole responsibility of the petitioner, its successors and assigns in the event the uulity exercises its reserved easement rights. vi. Should it be necessary that the petitioner's works or improvements be removed or damaged as a result of Saint Paul Public Works Sewer Utility operaUons, all removal, replacement or modification costs shali be bome solely by the petitioner. iv. v. No change from the existing grade within the easement azea shall be permitted without written permission from the Saint Paul Public Works Sewer Utiliry. No change in surfacing within the easement area shall be permitted without written permission from Saint Paui Public Works Sewer Utility. Page 3 Councit FSte # �a—e�.7L3 Green Sheet # 111616 2 0 0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 6. 30 31 32 33 34 35 36 37 38 39 40 41 42 vi. The petitioner, its successors and assigns shall fuily indemnify, defend, and save harmless the Saint Paul Public Works Sewer Utility, its officers, agents, employees, and servants from all suits, acuons or claims which shall arise from any injuries or damages received or sustained by any break in any sewer pipe or connection in said reserved easement, arising out of or resulting from any action or negligence of the petitioner, its employees, agents, or business invitees. c. That if redevelopment of the project area begins prior to all dwellings being vacated by their previous owners and redevelopment operations necessitates disruption to any of the vacated streets and/or utilifies, the petitioner shall be responsible to provide and maintain safe access and utilities until such properties are legally vacated and the entire site is secured by the petitioner. � e. That the peduoners shall dedicate an additional 14 feet along the north side of Norfolk Avenue for the widening of said street and shall be responsible for all costs associated with the reconstrucuon of said Norfolk Street abutung their development. That the peuuoners shall dedicate an addiUOnal 7 feet along the west side of Davern Sueet for the widening of said street and shail be responsible for ali costs associated with the reconstruction of said Davern Street. f. That the pe6tioner shail be responsible for the reconstruction of all streets and removal and/or relocation of utilities within their redevelopment area, to the satisfaction of the City of Saint Paul, Department of Public Works. Said reconstruction shail include, but not be limited to sanitary sewer connecuons, storm lines, catch basins, pavement, curbs, gutters, sueet lighung, street signs and sidewalk, under an ordinance permit issued by the Department of Public Works Street Engineering. That, on behalf of the Board of Water Commissioners of the City of Saint Paul, said vacation sha11 be subject to the following requirements: a. That full-width utility easements shall be retained on, over, under, and across, all of the vacated right-of-way to protect the interests of the Board of Water Commissioners of the City of Saint Paui. Said easements shall be retained until the water facilities are properly abandoned andior relocated to ihe satisfaction of Saint Paul Regional Water Services andlor, until new easements or right-of-way aze properly shown on the new plat and ready for filing. b. That said easements in the right-of-way to be vacated, and in the right-of-way to be dedicated in the new plat, shall reserve the right of the utility to maintain and operate any sewer facility in or upon said easement and to enter upon said easement, or any portion thereof, at any ume and from time to ume, for the purposes of future construction, Page 4 Councii F7ile # !/a .a�.��T Green Sheet # 111616 1 reconstrucuon, inspection, maintenance or repair of the same, or any part thereof; and 2 shall be subject to the following conditions: 4 i. No buildings, structures, trees or any temporary structure, material storage, 5 fisture, or any other objects which may prohibit normal access to water facilities 6 for maintenance purposes will be permitted within the easement azea_ 10 11 12 13 14 15 l6 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 ii. Improvements in or upon the above described easement that do not prohibit the utility from exercising its reserved rights may be allowed by obtaining written permission from the Saint Paul Regional Water Services with the understanding that the restoration and costs of such improvements shall be the sole responsibility of the petitioner, its successors and assigns in the event the utility exercises its reserved easement rights. iii. Should it be necessary that the petiuoner's works or improvements be removed or damaged as a result of Saint Paui Regional Water Services operations, all removal, replacement or modification costs shall be borne solely by the petitioner. iv. n No change from the existing grade within the easement area sha11 be permitted without written permission from the Saint Paul Regional Water Services. No change in surfacing within the easement area shall be permitted without written permission from Saint Paul Regional Water Services. vi. The petitioner, its successors and assigns sha11 fuily indemnify, defend, and save harmless the Boazd of Water Commissioners of the City of Saint Paul, its officers, agents, employees, and servants from ali suits, actions or claims which shall arise from any injuries or damages received or sustained by any break in any service pipe, water main, or connection in said reserved easement, arising out of or resulting from any action or negligence of the petitioner, its employees, agents, or businessinvitees. That the petirioner shall be responsible for all costs associated with the installation, reconstruction, abandonment, cut off or relocation of water faciliUes within its redevelopment area, including but not limited to those in Davern and Wheeler Sueets, and Norfolk, Graham, and Munster Avenues, according to plans approved by Saint Paul Regional Water 5ervices. Said water facility work shall include, but shall not be limited to, mains, hydrants, water service connection and all appurtenances affixed thereto. c. 40 7. That a permanent utility easement shall be retained to protect the interest and rights of Northern 41 States Power Company, d.b.a. Xcel Energy, for exisung electrical facilities cunently located 42 upon, over or under the property which is the subject of this vacation proceeding, until all such 43 facilities are removed from said location and new easements are dedicated; that developer and Page 5 co�� r��e � Oa-a.3.3 Green Sheet # 111616 1 Xcel system designer shall confer and cooperate on the removai and zelocation of facilities; that 2 the petitioner shall be responsible for all costs associated with the installauon, reconstruction, 3 abandonment, cut off or relocation of facilities within its redevelopment area � 10 11 12 13 14 9. 15 16 17 18 19 10. 20 21 22 23 24 11. 25 26 27 28 29 30 31 That a permanent uulity easement shall be retained within the vacated area to protect the interest of Xcel Energy Gas and its ability to service exisung customers within this area until new easements aze dedicated; that when and if these customers are evacuated, Xcel Energy Gas shall release its utility rights in the area; that when construction would be underway for this development, Xcel Energy Gas would install gas pipeline to service the future customers of the development; that the petitioner shall be responsible for all costs associated with the installauon, reconstruction, abandonment, cut off or relocation of water facilities within its redevelopment area. That a permanent utility easement shall be retained on Wheeler Street, as described above, to protect the interest of Qwest Communicauons, Inc. until new easements are dedicated; that the peuuoner shall be responsible for all costs associated with the installation, reconstruction, abandonment, cut off or relocation of water faciliues within its redevelopment area. That a permanent utility easement shall be retained within the vacated area to protect the interest of A. T. & T. Broadband, Inc. until new easements are dedicated; that the petitioner shail be responsible for ali costs associated with the instailation, reconstruction, abandonment, cut off or relocation of water facilities within its redevelopment area. That the petitioner, its successors and assigns shall fully indemnify, defend and save hazmless the City of Saint Paul, its officers, and empioyees from all suits, actions or clanns of any character brought as a result of injuries or damages received or sustained by any person, persons or property on account of this vacation or pe6uoners' use of this property including but not limited to, a claim brought because of any act of omission, neglect, or misconduct of said petiuoners or because of any claims or liability arising from any violation of any law or regulation made in accordance with the law, whether by the petitioner or any of its agents or employees. 32 12. That the petitioner, its successors and assigns shall, within 60 days of the effecuve date of this 33 resoluuon, file with the City Clerk an acceptance in writing of the condiuons of this resolufion 34 and shaii, within the period(s) specified in the terms and conditions of this resoluuon, compiy in 35 all respects with these terms and conditions. 13. This vacation will not oceur until such time as a development agreement is in place and approved by a11 concerned pa�ties. Page 6 Councii F51e # �d-c7 Green Sheet # 111616 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ,. y —., g ,"" � +t � f� ; �_ ;� t � �. ,, , e.. -�.�-� � � � �. 1\_---= � �.� -� � � � '1�_ • - _ • �� r : � �.�- — �� /�.,, !�� C Requested by Department of: Technoloev & Manaeement Services By: �..�.1� ��j�� Director Form Approved by City Attomey )�"`"� sy: A ro d Ma or for Sub ssion to ncil ; PP � Y Y �� /y�} . � L_//, � G:\SAAREDV2EAL. WPdaza\VACATE�Bmce\17.2001.resolution.wpd 0.7-a.3.3 T.M.S./REAL ESTA'I'E DIVISION D�� Febroary 19, 2002 Green Sheet Number: 111616 Yenon md YLone N�ber. 2 EPARTMENT DIRECfOR 4 LTPY COUNCII. BruCe Engelbrekt 266-8854 � 1 'ATTO�Y m��- �7T'1'CLERK UDGET DII2ECT FFICE OF FINAN(7AL SVCS beoaComalAg�la6y: 1�iHiCCH ZO� �.�� 3 YOR(ORASSISTANT) OTAL # OF SIGNAI'URE PAGES 1 CLIP ALL LOCATIONS FOR SIGNATURE CfION REQUESTED: To approve a petition to vacate the following city streets: R'heeler Street, Munster Avenue and Graham Avenue in the area bounded by Norfolk Avenue, Davern Street and West Seventh Stree� Reference: 1) resolntion; 2) petition to vacate; 3) certi�ed ownership report; 4) map; 5) responses from utilities and city de ariments. - OM6fEt�IDATIONS: APPROVE (A) ORRFJECI' (R) �ONAL SERVICE CONTRACTS MUST ANb'WER THE FOLLOWING: PI,APIlVING COA�IMISSION p y�ppp •��e peison/5rm everworked ander a co�.ract for tLis depat�ent? YES NO . Hss this peisoNSrm ever 6een a GYty employce? YES NO C1VII. SERViCE COMMIS.40N . Does fhia persoWflrm possess a slull aot normally possessed by any �s xo crtrrent CB CO1�A411'1'EE empluyee? Ez ' all YES anaweis on a se arate sheet snd aHach. PORTS WFIICH COUNCII.OBJECIIVE? IINCII, � l ? DISTRICT 5 ARD(S� PLANNING COUNCII. TING PROBLEM,ISSUE, OPPORTIJNITY (Whq What, When, Where, Why?): The petitioner proposes to acquire ail properties within this area for development of miaed nse resideutiallcommerciat properties. Vacation of city street right-of-way is also required. New rights- of-way will be approved under a new plat to be filed before eaistin ci ro er ri hts are released. HE COIJNCIL HEARING ON VANTAGES IF APPROVED: THIS MATTER IS SET FOR The developer will be able to proceed with the development ro"ec� *�{. ISADVANTAGESIFAPPROVED: l�'�RCH ZO�,ZOO� None LSADVANTAGES IF NOT APPROVED: R'ithout the vacation, the development work could be delayed, and the project may not proceed as planned. OTAL AMOUNI' OF TRAIVSACTION: $SOO.00 ' C�STIREVENIJE BiJDGETED (CIItCZE ONE) YES NO sre souxcE: N/A ACfIVITY NUMBER N/A AN(:LAL IlYFORMATION: (EXPLAIN) �"�� v �� $500.00 re resents the administrative fee for the vacation. �,av.n�„at...,ro._..,..�,.�,ti,n...__,,,,M„ ��..ma � � � �� e_ �� PETITION TO VACATE CITY INTEREST I(we), the undersigned, constimting a majoriry of the owners (or [heir legally designated representatives) of the abutting properties, do here6y getition the Council of the City of Saint Paul to vacate its interests in the property(ies) legally described as follows: �� i'Cw YK �ieGG�✓ l�- � 3�e. �� y �,��-r �/oi�� / Z�'�_fc:.evr�.cl�� t JT. ��, S�PQ� � �� // �u G-�G� �U�nf� �i�i�ll� 9�1/�7Qcf'P� ��('-ee �t�� I( e) request this vacation for th Ilowing reason(s). (Tndicate whether you will be building on the siteJ �a��v��- l/% � /� � ��'� � �� I(we) have a[tached six copies of the site plans of any development intended for construction on the lands to be vacated. Person(s) responsible for payment of vacation fee and for acceptance of the terms and conditions of Contact Person the vacation: . Name: 4 � /��. Name: Phone: lp/ 2-�j S- /7 2- �7- Address: (j � j " j�,,.� ��, �Address: /2 fr� ��J'�. ,<(�;�� 7��'_ �j/Z�l�. �1�1�• s.r�{6z Alternate Co tact erson Name: �_.k� �p'� ` Name: Phone: �p�Z - ?j �7� � 17G� 7 Phone: Address: /Z ,S(J, }-�� J(�� z� Address A�J,O�. /�4• Yd z Name: Phone: Address: Name: Phone: Address: � .::xy-ia-�ac . Signatures of Uwnert_:::t_prxsantukr-�s of Property(ies) B�'' �� WILLIAM CORY SHEA 1593 PORTLAND AVENUE _ SAINT PAUL, MN 55104-6836 � � � l � — I C .�- 1.1.� �l " L � / � �-� �, AMY HARNISCH 8 TODD HOFFHEINS 1733 GRAHAM AVENUE SAINT PAUL, MN 5511&3010 STEVE MOBERG 1738GRAHAM AVENUE SAINT PAUL, MN 55116-301 t Rt7�5EL'� 8 JE4N BLOCK 1736 GRAHAM AVENUE SAINT PAUL, MN 55116301'I JOHN & SUZETTE BIELINSKI '1737 GRAHAM AVENUE SAINT PAUL, MN 55116-30'10 HOA T. CHAU 1740 GRAHAM AVENUE SAIN7 PAUL, MN 55116-3011 MARY C. FRYER '174'I GRAHAM AVEIVUE SAINT PAUL, MN 55'1�6-30�0 r � � � � } . �1 r a , �`�.�'�'croncormrottlo�nmwnaoo.cm+�s.na�aon�sy�,..r.,�a..rrryM.«nara��„�.,o�a , � pti�ien *'.v sip�Co m mrP�xc� br me pcesan aacAeea im we paumn. c�aa �o�.� Sabn�ibrd u s.vn w r befae ma Ih� �"h dry o[ .Hr� Gl: S!� _ F9P! .JE.(J( �/�.GC�c � �OV � IW�y M % SNAR! �q, hq�� CT�`i pli�, pM Y � R �� MMI06fI�� dAN, �1, �pp{ O1/LSf00 Q9:35 TX/RX N0.3795 P.006 � 1_` �� n i "� " Vh.'�T��.K., ` ' /'� ' � ..—.-......ra �.�J LOUIS & LAUREAN ZAMP� 1401 DAVERN STREET SAINT PAUL, MN 55116-3005 KAGIE M. VACCARO EVA L. TANGEN 1387 DAVERN STREET SAtNT PAUL, MN 551'163D04 PUBLIC HOUSING AGENCY 480CEDAR STREET SUITE 600 ATTN: BARBARA SAINT PAUL, MN 55101-2240 JANET M. WOODFORD 1718 GRAHAM AVENUE SA1NT PAUL, MN 55116-301'I VERONICA FRYER 1721 GRAHAM S7REET SAINT PAUL, MN 55116-3010 REINA & ROGI'.10 MOLINA 1726 GftAHAM AVENUE SAINT PAUL, MN 551163011 P.06iB'7 ° �� t- `� i � JOHN MCCORMICK M 1727 GRAHAM AVENUE G// /� � SAINT PAUL, MN 551�6-3010 ii n Riv�/n �� ` /`J � / �H - am tlleptlitiwa. a ooe OTllle petftloom in the aDOw Irnner, and 7tlo 6c'byanrranCVatt) afde aacxiwo o� enb Pa+OO^ �+��'^ �6YP°� DY me pawn OeeAbrd � �be p/UYOa �,� � Sabrdbcd md srm� m befue me �hit �� dqo[ .�iak f _i!»'a-0Ol r� �ti` /�_ �'J� - My tommiuhn aye , — � / '� �J (<dpc(-lpivj) O1/18/00 09:35 TX/RX N0.3795 P.006 Signatures ni t:wnert•,vRep*��tive(s? � �part�Yf�) r .� J JF7+'3k!—JfE�ld H9=d9 . P.�a/0'7 31soYtulYa of (hvnet(9)IRayresentativets: of Prcnr.rtyl�! 13elow: ��, �� 3 MR. / MRS. AUTHUR A. JOHNSON 1746 GRAHAM AVENUE SAINT PAUL, MN 55116-3011 .__ ' ��1.°�'�.��r ' �_ APRIL KELLEY 1757 GRAHAM AVENUE SAINTPAUL,MN 55'1�6-30f0 �� ARLENE DORSEY SISS '130 NORTH HICKORY STREET PLATTEVILLE, WI 53818-2058 Wk��£�" rG�1�3T��fI� � i�ii�3.�1A��•T:: �7i�'R� DAN{EL C. MELLIN 1753 NORFOLK AVENUE SAINT PAUL, MN 55116-3025 ��.�1��' RICHARD ROY WIERSTAD '1756 NORFOLK AVENUE SAINTPAUL,MN 551�6-3034 � �1�(-�,r rY �a mV.O[ OOC OfSM P°�d 1n 11M?DDVC R+�r, uM Ido Ms6y aw�caM va[Fj We cah ofthc dymmaa w� Nk fm thc Pn« �T � �" mYP�n�Y Ihe P�+OaeALCd in �Le pMNba ca��.s� Sabs�ibcd ud sacm m 4fo�e me Nis Y� dqo[ _�9GS� _Sff93GYJ1 N� �� R �� My��u�,a� /-�i e�i � SHAfli n. AAOORE *.r„TARY f�l:BLiC-MIt8E30TA ?AY C6MMISSION °_} �'3R�S .�.ARl. 31, 2C06 �=�s� . Q1/18/00 09:35 TX/RX N0.3795 P.Oa6 ,,. - /� _ ,�/ / � JAF�-18—�20p p9:49 � p. �i�;+ SiIInawres of Owner(syRepreseatative(s) of PropertyCies) P" a��?, � GLYN TRIVISKI � '1728 MUNS7ER AVENUE - SAINT PAUI., MN 551'163031 �� l2 %l:f��fj k , � (� EDWARD J. MCCABE JR. _� 'IS'12 MELODY LANE SURNSViLLE, MN 55337-2 9 1 4 � 7 5�' 3�/ /liltc�t5�'�,^ — KATHLEEN & ROBERT DESROCHER ' _ 1738 MUNSTER AVENUE _ SAINT PAUL, MN 55'I'I6-303'I � ✓ • � � I, \ afidicp�edl�i�crolFOTtlwpeIIGOOasfnf6eaDOVCmaacr,antl2tloLesbyswcva'WVertfy�nccsnaFNcdgna�ursaondri.. pecifion wat siPicd n mY M�aM' ux pccson acenhre in Nc petition. rn;d� < $uMcriLed a�d sw �o � ae Ihii �� dayof fi1/AL[S� .I9AP-�Q7( �Sl� A. �� No� r M / 3/-05 Kato�t-�oa.s> � �HAR� A. MOORE .� "!C:�.4RVPU8i1C-MI�TA .N'x COMMISSlON �xresyjES,IAA�.31, 2(l0.�1 ,... 01/18/00 09:35 TX/RX H0.3795 P.006 � QUALITY ABSTRAG°r, INC. 7582 Currell Boulevazd, Suite 111 Woodbury, Minnesota 55125 Phone (651} 739-8597 Fax (651) 739-8492 D � -_ �� 3�1 � September 17, 2001 Mr. Ronald A. Christenson c/o Christenson Corporation 12 South Sixth Street - Suite 715 Minneapolis, MN 55402 Subject: TMS Department File No. 17-2001 To whom it may concern: r= �� a�u�� s; ��atih� I �J � �� n N � fPN^ �{2 Quality Abstract, Inc. does hereby certify that a search of Ramsey County Minnesota tax records discloses that as of September 14, 2001, the owners of the properties abutting the public right-of-way described as Munster Avenue from the Southeasteriy line of W. 7th Street to the West line of Davern Street; Graham Avenue from the Southeasterly line of W. 7th Street across Wheeler Street to the West line of Davern Street; and Wheeler Street from the Southeasterly line of W. 7th Street to the North line of Nortolk Avenue are as follows: See Attached Exhibit "A". This report represents the professional opinion of Quality Abstract, Inc. regarding ownership of the above described properties; it is not intended, nor shall it be construed, as a guarantee of title. Quality Abstract, Inc. assumes no liability for errors or omissions. Sincerely, -�. `� # -� / n-�un,�Pf� s,�V'�'u�cS � ��4:� C8W-'J `� � N n $ �e (- O � � Sandra L. Johnson Licensed Abstracter Quality Abstract, Inc. G�ra�naw� Wl, e��,t� �� b i 3Z � I esS � a�zYlaps� A FULL SERVICE ABSTRACT COMPANY _y Z� � Z t,S Leaal Description and PIN S 49 745/100 ft of Lot 1, Block 9, Homecroft 21-28-23-13-0086 NYzofLotlandE �/z of N�/z of Lot 2, Block 9, Homecroft 21-28-23-13-0088 W�hofN�fzofLot2, Block 9, Homecroft 21-28-23-13-0089 W�� of S'� of Lot 2, Block 9, Homecroft 21-28-23-13-0090 E'hofS�hofLot2, Biock 9, Homecroft 21-28-23-13-0091 Ex W 45 ft the N'/z Lot 3, Block 9, Homecroft 21-28-23-13-0092 SE Ya of Lot 3, Block 9, Homecroft 21-28-23-13-0094 EXHIBIT "A" Property is: Fee Owner Abstract Eva L. Tangen 1387 Davern Street St. Paul, MN 55116-3004 Torrens Nate and Kate Realty, inc. 2550 Seventh Street W. St. Paul, MN 55116-3007 Property Address: 1367 Davern Street St. Paul, MN 55116-3004 Abstract John W. Louck 2650 - 96th Street E. Inver Grove Heights, MN Property Address: 1724 Munster Avenue St. Paul, MN 55116-3031 Abstract Irene E. Youngs 1721 Graham Avenue St. Paui, MN 55116-3010 Abstract Public Housing Agency 480 Cedar Street St. Paul, MN 55101-2240 Property Address: 1715 Graham Avenue St. Paul, MN 55116-3010 Abstract Giyn Triviski 1728 Munster Avenue St. Paul, MN 55116-3031 Abstract John McCormick 1727 Graham Avenue St. Paul, MN 551 1 6-301 0 �� 33'� Con#ract Purchaser '. N�A s ✓ N/A S � N/A 55077-04937 N/A N/A N/A N/A � V Page 1 of 4 pages SW �/a of Lot 3, Block 9, Homecroft 21-28-23-13-0095 W52ftofNE�/aof Lot 4, BloCk 9, Homecroft 21-28-23-13-0096 W'h of N�/z of Lot 4, Block 9, Homecroft 21-28-23-13-0097 ExW50RofS'/zof Lot 4, BloCk 9, Homecroft 21-28-23-13-0098 Ex S 127 ft Lot 5, Block 9, Nomecroft 21-28-23-13-0099 ExE54ft;S127ft Lot 5, Block 9, Homecroft 21-28-23-13-0100 Abstract Amy Harnisch & Todd Hoffheins 1733 Graham Avenue St. Paul, MN 55116-3010 Abstract Kathleen F. Desrocher 1738 Munster Avenue St. Paul, MN 55116-3031 Abstract Terrence M. Dempsey 1742 Munster Avenue St. Paul, MN 55116-3031 Abstract Suzette J. Bielinski 1737 Graham Avenue St. Paul, MN 55116-3010 Abstract Dayton Neff Corporation 9116 Westmoreland Lane St. Louis Park, MN 55426-1943 Property Address: 2600 - 7th Street W. St. Pauf, MN 55116-3039 Abstract April E. Kelley 1757 Graham Avenue St. Paul, MN 551 1 6-301 0 Mary C. Fryer 1741 Graham Avenue St. Paul, MN 55116-3010 W 50 ft of S'f� of Lot Abstract 4, &E54ftofS 127ft Lot 5, Block 9, Homecroft 21-28-23-13-0101 N�/z of Lot 1, Block 11, Homecroft 21-28-23-13-0102 Abstract Arlene Dorsey Siss 130 N. Hickory Street Piatteville, WI 53818-2058 Property Address: 1762 Graham Avenue St. Paul, MN 551 1 6-301 2 o� ° ��3� N�A � � N/A N/A ; v J N,A S � N/A N/A N/A s V N/A Page 2 of 4 pages ExW70ftofS�hof lot'I, SloCk i1, Homecroft 21-28-23-13-0103 NE �/a of Lot 2, Block 11, Homecroft 21-28-23-13-0107 Abstract Gwendolyn D. Lewis 5020 Old Shakopee Rd. W. Bioomington, MN 55437-3032 Property Address: 1759 Norfolk Avenue St. Paul, MN 55116-3035 Abstract Project for Pride in Living 2516 Chicago Avenue S. Minneapolis, MN 55404-4517 Property Address: XXXX Norfolk Avenue St. Paul, MN 55116 NW �/a of Lot 2, & N'h Abstract Lot 3, Block 11, Homecroft 21-28-23-13-0108 N�/z of Lot 2, Block Abstract 12, Homecroft 21-28-23-13-0114 NE �/a of Lot 3, Block Abstract 12, Homecroft 21-28-23-13-0116 NW Ya of Lot 3, Block 12, Homecroft 21-28-23-13-0118 W40ftofS�hof Lot 5, BloCk 12, Homecroft 21-28-23-13-0123 N�/z of Lot 5, Block 12, Homecroft 21-28-23-13-0124 Project for Pride in Living 2516 Chicago Avenue S. Minneapolis, MN 55404-4517 Property Address: 2600 Gannon Road St. Paul, MN 55116-2661 Janet M. Woodford 1718 Graham Avenue St. Paul, MN 551 1 6-301 1 Reina Molina 1726 Graham Avenue St. Paul, MN 551 1 6-301 1 Abstract William Cory Shea 1593 Portland Avenue St. Paul, MN 55104-6836 Property Address: 1732 Graham Avenue St. Paul, MN 55116-3011 Abstract Daniel C. Mellin 1753 Norfolk Avenue St. Paul, MN 55116-3025 Abstract Jeanette Elaine Johnson 1746 Graham Avenue St. Paul, MN 55116-3011 Page 3 of 4 pages � L• ° � � �� N/A N/A S� S ✓ N/A S V N/A N'A S V N/A N/A � � N/A Ex W52 ft; NE�/< of Lot Abstract 4& pt of W45 ft of N�/z Lot 3, Block 9, Homecroft 21-28-23-13-0127 ExE60ft;N�fzof Lot 4, Block 12, Homecroft 21-28-23-13-0131 E60ftofN �/zof Lot 4, Block 12, Homecroft 21-28-23-13-0132 Edward J. McCabe, Sr. 1812 Melody Lane Burnsville, MN 55337-2914 Property Address: 1734 Munster Avenue St. Paul, MN 55116-3031 Torrens Hoa T. Chau 1740 Graham Avenue St. Paul, MN 55116-3011 Abstract Jean D. Moberg 1736 Graham Avenue St. Paul, MN 55116-3�11 Lot 2, Block 8, Homecroft & all of Thomas E. Sime's Sub all of D.C. Burgner's Rearrangement 21-28-23-13-0133 Ex S 146.7 ft; Lot 1, Block 12, Homecroft 21-28-23-13-0137 Torrens Nate and Kate Realty, Inc. 2550 Seventh Street W. d& St. Paul, MN 55116-3007 Abstract Louis Zampino 1401 Davern Street St. Paul, MN 55116-3005 02 • �33� N/A � S N/A N � A S V N/A S V N/A Page 4 of 4 pages \�/ � I � >" ' � � ____�_____�__ ,mo �N �N �� : i �,�� l A-[7l-c�LT��_�_�_�� . L r � {,_ i � -� F � � � � �� f w� ; a_v_ � _ - ._ ., � Y + � 3 ; ��-. �� _ � : _�m y � � m �� I � � `e �, rn r � L.e� c � N::✓L�- N N � � li Q' C � p �� n �� S ^ � � { � fV �s�;."s ..�'.;�5" � n " tOM � �N��' �r O � N K? ��^ ``�:; � �` �`i'�". =`x� � � ?: J �O th L__ � N � �. "� . �_ � � d�. ; V � --� � �=---- � =- �: ---- o---.-- ;- : � .,.-_ �. � N I o^ � N n.��:� �.�„'� I Y � sU I � � � � � ��;.�h N N "M1�� L�J , :s;`•[ �r� : 'fi�"t::_ ! . .Y. _ / U � 4L � ✓ ! .... . .. . -_- . w °T .. a : 9 N � 'y `P y_,. � .: � �� r O \ �� V ��;_.. I . '' °'o �� 0 �r� r�""'T_ o. , . ___'�- o � i �' �r __ . _ � ....... ........._._ _ _ "':. . � i�'� .�.��--._..,� �` � _ �► �, � �� rT� --�.\ Reply to Vacation Inquiry File # 17-2001 ld g-* ° 4�� # of Pages i To: Bruce Engeibrek �From; Vicki Determan City of St. Paul Qwest Real Estate Division COmmunicafions Phone # 266-8850 phone x Fax #t 266-8855 Fax # We have no objections to this vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � We will approve this vacation subject to the foilowing condiUons : . . . . . . . . . . . . . . . . . . . � For the following reasons, we cannot approve this vacation : . . . . . . . . . . . . . . . . . . . . . . . . . Q 1�l.eet, ��'v��.�,t�i,lr� eecSsCm.�� Y�-S � uJheer(�' Sfi � , . , . � �u't,d, �t. u,vt�`�' tc �� o i �ignea Date G:WSF3iSEngei\wp6les\vacate\I7200LInq Lirs.wpd ,. � � e � � � �,� # of Pages 1 Reply to Vacation Inquiry F110 # 1�-2��1 to: �Bruce Engelbrek •erom: City of St. Paul Xcel Real Estate Division Sitin Phone 266-8850 Phone� Fa<Y 266-88�5 Faxt & Land Rights We have no objections to this vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � We will approve this vacation subject to the following conditions : . . . . . . . . . . . . . . . . . . . . � For the following reasons, we cannot approve this vacation : . . . . . . . . . . . . . . . . . . . . . . . . . ❑ Xcel Energy will retain its rights for existing lelctrical facilities currently located upon, over or under the property which is the subject o£ this vacation proceeding, until all such facilities are removed from said location. Developer and Xcel system designer will confer and cooperate on removal and relocation of facilities. i.iv�l'Y= + r; � l Signed Kathleen/ P.� Blomquist Sr Real�'Estate Representative G •USEAS�En_el\wpfles\vacate\i7 �OOLInq L�rs.��pd November 16, 200 Date .� � � y . #ofPages 1 Reply to Vacation Inquiry File # 17-2001 To: Bruce Engelbrekt� •From: Real Estate Aivision Gas Division Phone # 266-8850 Phone # Fa�� 266-8855 Fax# We have no objections to this vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Q We will approve this vacation subject to the following conditions : . . . . . . . . . . . . . . . . . . . . Q For the following reasons, we cannot approve this vacation : . . . . . . . . . . . . . . . . . . . . . . . . . Q S�-� C�l 1 GIC� �C:C� C� GG :; +'v� �i� � �cCEi�/c � . `.'•'J �a � c:i! �SrAYE ii;J�Si� �. /0�3a z n� � , Date G.\USERS�Engel\wpfiles\vacateU 71001.1nq Ltrs wpd a�•23� October 30, 2001 Mr. Bruce Engelbrekt Real Estate Division Subject: TMS Department File No. 17-2001 Dear Mr. Engelbrekt: Xcei Energy Gas has reviewed the plans to develop the Gateway Vifiage Project. At this time, Xcel Energy must retain its easement rights in the area under question so as to be able to service our existing customers within the this area. �Vhen/if these customers were evacuated, Xcel Energy Gas would have no problem releasing its utility rights in the area. When construction would be underway for this development, Xcel Energy Gas would like to install gas pipeline to service the future customers of this development. Please contact me at 651-229-2389 with any questions regarding this manner. Sincerely, / ' L � � ' ' Robert J. Stech Jr. Gas Distribution Engineer Xcel Energy Gas Q�� 233�� `' PEC�►vL� MCI WORLDCOM �'? v TM7 [;. ��t- FsrqrE �;v�sr I0/3I/2001 CITY OF SAINT PAUL Bruce Engelbrekt Real Estate Division 140 City Hall Saint Paul, MN 55102 Nazional Support / Inves[igations Dep[ 2855 Lac 642 2250I.akeside Bivd Richardso4 TX 75082 RE: 17-2001- VACATION - MUNSTER AVENLTE, GRAIiAM AVENUE AND WiiEELER STREET - St. Paul, Ramsey, Minnesota MCIW ID: 9474-2001 Desr Sir or Madam: MCIWorldCom has been notified by your office regarding the above referenced project. For your records, in reviewing the area in question, it has been determined that MCIWorldCom does not haue facilities within your project area. You should address wrrespondence concerning any future projects to the attention of National Supportllnvestigations at the above address. If you need further assistance with this project, please do not hesitate to call Charles Welch at972-656-6016. Sincerely, � u�'�?-eXl, Joe Acosta National Support / Investigations 972/656-6016 °�' �'� � � � �` � # of Pages 1 ro: Reply to Vacation Inquiry File # 17-2001 Phone # Fax t� 3ruce Engelbrekt •From :�David Urke City of St. Paul District Energy Real Estate Division $t. Paul, Inc. 266-8850 phoneu (651) 297-8955 We have no objections to this vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � We will approve this vacation subject to the following conditions : . . . . . . . . . . . . . . . . . . . . Q For the following reasons, we cannot approve this vacation : . . . . . . . . . . . . . . . . . . . . . . . . . � DISTRICT ENERGY ST. PAUL, INC., AND DISTRICT COOLING ST. PAUL, INC., HAVE NO EQUIPMENT IN THE AREA TO BE VACATED AND HAVE NO OBJECTION TO THE VACATION. ��.��i� " ` � T � 5 j7_� � � ='•'_ C.�.'?� i_ C , � . � Di�Ji„1�., � �Signed DAVID . URKE, P.E PROJECT MANAGER � OCTOBER 25, 2001 Date G:\USERS�Engel\wpfiles\vacateV 7200 Llnq Ltrs.wpd � � � m � � q � # ofPages 6J '=. .i ro: Bruce Engelbrekt� •From: Reply to Vacation Inquiry Real Estate Division File # 1�-2001 Phonell 266-8850 Fax# 266-8855 We have no objections to this vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 We will approve this vacation subject to the following conditions : . . . . . . . . . . . . . . . . . . . .� For the following reasons, we cannot approve this vacarion : . . . . . . . . . . . . . . . . . . . . . . . . . Q \(� � r�- � �G�� ro��j�2 �1G�C" '`n SG fl�.�s cice� � � �.45��\ S ci`� Gyu..s¢,� , D Signed �� D � Date G:\USERS�Engel\�ryFles\vacareU71001.Inq Lhs.wpd DEPARTMENT OF PUBLIC WORKS Robert Sandquist, Director _� - = sm � .� To: CTTY OF SAINT PAUL Randy C. Kel(y, Mayor Bruce Engelbrekt Saint Paul Real Estate 140 City Hall From: Linda Murphy �� Saint Paui Pubiic Works 800 City Hail Annex Re: TMS File # 17-2001 Gateway Village Shepard/Davern development project Vacation of Graham, Wheeler, and Munster Date: February 7, 2002 800 Ciry Hall Annec 25 Wesr Founh Street SaintPaul, Minnesota 55102-1660 Phone: 651-266-6150 F¢z:651-298-4559 The Department of Public Works has completed a review of the above-referenced project and has no objections to their vacation proposal, subject to the following: 1) That the petitioners shall replat the development area. (Need description and/or drawing of the project azea) 2) That the vacation resolution shall not be filed in the Department of Revenue and Records for Ramsey County, Minnesota, prior to the approval by the proper City officials of the fmal plat of the subject property, which shall dedicate new rights-of-way and utility easements replacing those rights-of-way hereby vacated and any subsequent utility easements which may be released. That the vacation resolution shall be held for recording until the final plat is ready for filing in the said Department of Revenue and Records. 3) That full-width utility easements shall be retained on, over, under, and across, all of the vacated right-of-way to protect the interests of the City of Saint Paul Public Works Sewer Utility. Said easements shall be retained untii the utilities are properly abandoned and/or relocated to the satisfaction of the Department of Public Works and/or, until new easements or right-of-way are properly shown on the new plat and ready for filing. (The typical easement restrictions shall apply. See attached.) Responsive Services • Qualiry Faci(ities • Emp[oyee Pride � '. •` 0R � D Eve � � Memo to B. Engelbrekt, conYd - page 2 4) That if redevelopment of the project area begins prior to all dwellings being vacated by their previous owners and redevelopment operations necessitates disruption to any of the vacated streets and/or utilities, the petitioner shali be responsible to provide and maintain safe access and utilities until such properties are legally vacated and the entire site is secured by the petitioner. 5) That the petitioners shall dedicate an additional 14 feet along the north side of Norfollc Avenue for the widening of said street and shall be responsible for all costs associated with the reconstruction of said Norfolk Street abutting their development. 6) That the petitioners shall dedicate an additional7 feet along the west side of Davem Street for the widening of said street and shall be responsible for ali costs associated with the reconstruction of said Davern Street. 7) That the petitioner shall be responsible for the reconstruction of all streets and removal and/or relocation of utilities within their redevelopment azea, to the satisfaction of the City of Saint Paul, Department of Public Works. Said reconstuction shall include, but not be limited to sanitary sewer connections, storm lines, catch basins, pavement, curbs, gutters, street lighting, street signs and sidewalk, under an ordinance permit issued by the Department of Public Works Street Engineering. Attachments lcm copy: Bruce Elder Gary Erichson Pete Gallagher Jeff Grosso Bill Hagland Mike Klassen Dave Marruffo 7ohn Moriarty Leon Pearson Jerry Strauss Bill Tschida �_ �� That a permanent utility easement shall be retained on, over, under and across the vacated area on behalf of the City of Saint Paui, Department of Pubiic 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 tune and from time to time, for the purposes of future construction, reconstruction, inspection, maintenance, or repair of the same or, any part thereof. Said utility easement shall be subject to the following conditions: a. No buildings, structures, trees or any temporary structure, material storage, fvcture, or any other objects which may prohibit normal access to utility facilities for maintenance purposes will be permitted within the easement area. b. Improvements in or upon the above described easement that do not prohibit the City from exercising its reserved rights may be allowed by obtaining written permission from the Department of Public Works Sewer Division with the understanding that the restoration and costs of such improvements shall be the sole responsibility of the petitioner, its successors and assigns in the event the City exercises its reserved easement rights. c. Should it be necessary that the petitioner's works or improvements be removed or damaged as a result of the Department of Public Works operations, all removal, replacement or modification costs shall be bome solely by the petitioner. d. No change from the existing grade within the easement area shall be permitted without written permission from the Department of Public Works Sewer Division. e. No change in surfacing within the easement azea shall be permitted without written permission from the Department of Public W orks Sewer Division. f. The petitioner, its successors and assigns shall fuliy indemnify, defend, and save hanniess the City of Saint Paul, its officers, agents, employees, and servants from all suits, actions, or ciaims which shall azise from any injuries or damages received or sustained by any break in any service pipe or connection in said reserved easement arising out of or resulting from any action or negligence of the petitioner, its employees, agents, or business invitees. ��c��v�ti4� � �3�� 1 1 2;i9i TO: FROM: DATE: SUBJECT Memorandum Engi�eering Division REAL ES7A7E DlVISiOP� Our Mission: We ezist to provide reliab[e, quality water and services to customers for resideraial, commercial, industrial and fzre protecaon purposes at a reasonable cost. Bruce Engelbrekt Saint Paul Real Estate Bill Tschida � Unit Supervisor - ngmeering February 8, 2002 TMS File # 17-2001 Gateway Village Shepard/Davern development project Vacation of Graham, Wheeler, and Munster Saint Paul Regional Water Services has no objection to the above street vacation request, subject to the following requirements: That the petitioners shall replat the development area. (Need description and/or drawing of the project area) 2. That the vacation resolution shall not be filed in the Department of Revenue and Records for Ramsey County, Minnesota, prior to the approval by the Saint Paul Regional Water Services of the final plat of the subject property, which shall dedicate new rights-of-way and utility easements replacing those rights-of-way hereby vacated and any subsequent utility easements which may be released. That the vacation resolution shall be held for recording until the final plat is ready for filing in the said Department of Revenue and Records. 3. That full-width utility easements shall be retained on, over, under, and across, all of the vacated right-of-way to protect the interests of the Board of Water Commissioners of the City of Saint Paul. Said easements shall be retained until the water facilities are properiy abandoned and/or relocated to the satisfaction of Saint Paul Regional Water Services and/or, until new easements or right-of-way are properly shown on the new plat and ready for filing. (Board of Water Commissioners standard easement provisions shall apply. See attUChed.) � '. �/ � ." �. �... Mr. Bruce Engelbrekt February 8, 2002 page 2 4. That the petitioner shall be responsible for all costs associated with the installation, reconstruction, abandonment, cut off or relocation of water facilities ��ithin its redevelopment area, including but not limited to those in Davern and Wheeler Streets, and Norfolk, Graham, and Munster Avenues, according to plans approved by Saint Paul Regional Water Services. Said water facility work shall include, but shall not be limited to, mains, hydrants, water service connection and all appurtenances afixed thereto. Attachments WLT copy: Bruce Elder Gary Erichson Pete Gallagher Jeff Grosso Bill Hagland Mike Klassen Dave Marruffo John Moriarty Linda Murphy Leon Pearson Jerry Strauss � � s � � � Standard Easement Provisions Board of Water Commissioners Revision date: November 20, 2001 That a permanent utility easement shall be retained on, over, under and across the vacated area on behalf of the Board of Water Commissioners of the City of Saint Paul to reserve the right of the Board to maintain and operate any water facility 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, inspection, maintenance or repair of the same, or any part thereof. Said utility easement shall be subject to the following conditions: a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any other objects which may prohibit normal access to water facilities for maintenance purposes will be permitted within the easement area. b. Improvements in or upon the above described easement that do not prohibit the Board from exercising its reserved rights may be allowed by obtaining written permission from Saint Paul Regional Water Services with the understanding that the restoration and costs of such improvements shall be the sole responsibility of the petitioner, its successors and assigns in the event the Board exercises its reserved easement rights. c. Should it be necessary that the petitioner's works ar improvements be removed or damaged as a result of Saint Paul Regional Water Services operations, all removal, replacement or modification costs shall be borne solely by the petitioner. d. No change from the existing grade within the easement azea shall be permitted without written permission from Saint Paul Regional Water Services. e. No change in surfacing within the easement area shall be permitted without written permission from Saint Paul Regional Water Services. £ The petitioner, its successars and assigns shall fully indemnify, defend, and save harmless the Board of Water Commissioners of the City of Saint Paul, its officers, agents, employees, and servants from all suits, actions or claims which shall arise from any injuries or damages received or sustained by any break in any service pipe, water main, or connection in said reserved easement, arising out of or restdting from any action or negligence of the petitioner, its employees, agents or, business invitees. N�CLERICAL\FOrm letters\Vaca6on PeU6ons\Standard Responses\Easement provisions 15-20-0'i wpd &J :�. s £m. � � � � # of Pages 1 To: Reply to Vacation Inquiry �lle # 17-2��1 PhoneK Fa�c €F 3ruce �ngelbrek �From: i:raTUC � City ofSt. Paul police Depart� Real Estate Division 100 E. l l St. We have no objections to this vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �� We will approve this vacation sub}ect to the following conditions : . . . . . . . . . . . . . . . . . . . . Q For the following reasons, we cannot approve this vacation : . . . . . . . . . . . . . . . . . . . . . . . . . Q Signed //-2•�/ Date G:\USERS�Enge�wpfiles\vacateU 72001.inq Ltrs.wpd Repiy to Vacation Inquiry File # 17-2001 °�" �ax n �_�, `�� M of PsgeS I 3ruce En brek •�m: Chris Cahill Ciry of Sc. Paui gjre & Safety Srvcs Real Fstaco Division 100 E. ll St # We have no objections to this vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � We will approve this vacation subjec[ to the following conditions : . . . . . . . . . . . . . . . . . . . . Q For the following reasons, we cannot approve this vacation : . . . . . . . . . . . . . . . . . . . . . . . . . Q �. G'W SERS�Engcllwpfilcs\roca¢\I7300 L2nGNttIngG,¢s.wpd �3�� Date Page 1 of 1 � .. �. � �% � Bruce Engeibrekt - 17-2001 vacations for Gateway Viliage From: Tom Beach To: Engelbrekt, Bruce Date: 2/15/200210:22 AM Subject: 17-2001 vacations for Gateway Village per the voicemail message I left, my only concem about the proposed vacation is that we have houses fronting on these streets. this needs to 6e addressed by some condition or contingency in the vacation. IeYs talk Tom Beach LIEP 350 Saint Peter Street #300 Saint Paul, MN 55102 651-266-9086(phone) 651-266-9099(fax) tom,€�each�ci stpaul,mn_us (email) file://C:�Documents%20and%20Settings\engelU.ocal%20Settings\Temp\GW} 2/25/2002 Ta: Reply to Vacation Inquiry File # 17-2001 Phone # Fa�c % ��e �.3,�� ;ruce Engelbrek •F�om: :- City of St. Pavl St. P Real Estate Division 210 � 266-8850 phone 266-8855 Fax � # of Pages 1 ole Williams Public Libr. Hall We have no objections to this vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � We will approve this vacation subject to the following conditions : . . . . . . . . . . . . . . . . . . . . Q For the foliowing reasons, we cannot approve this vacation : . . . . . . . . . . . . . . . . . . . . . . . . . Q 1� Signed � - Date T G\USERS�Engel\wpfiles\vacate\ll200I.Inq Lvs.wpd OCT-30-2001 13�27 STP PRRKS & RECRERTION tJ � � 612 292 7405_ P.01i01 � P • Toz Bruce Engelbreb •Froro: John Wirka �, City of St Paul p�y, 6f Parks & Rec RePly to V2CatioIl ItlqUlry ' Real Estate Division 300 City Hall Annex File # 17-2001 �one# z6�saso Yllone7l Fau # 266-8855 Faz � We have no objections :o this vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �� We will approve this vacation subject to the following conditions : . . . . . . . . . . . . . . . . . . . . Q For ihe following reasons, we cannot approve this vacation : . . . . . . . . . . . . . . . . . . . . . . . . . Q Signed L'.WS�iS�Eltsd�wpf te�weme\17.20D1 ]nq lm.wpd � a Dat TOTAL P.01 OCT-30-2001 13�23 PED 14TH FLOOR Reply to Vacation Inquiry File # 17-2001 0 � ° � � � � 6512283220 P. B1i07 ro: Bru ce Engelbrek, ,•r•�om: Panl Dubruiel ciry oFSc. rau�. pa8�ng & Econ Dev Real Estate Division 1100 City �Iall Anne:� Phonea 266-$850 phonci� s� a 266-8855 Fax � We have no objections to this vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � We will approve this vacation subject to the following conditions : . . . . . . . . . . . . . . . . . . . . ❑ For the following reasons, we cannot approve this vacation : . . . . . . . . . . . . . . . . . . . . . . . . . � 7 � • Signed Ct.W SERS�E�6enw�GloAva.�d7?20D1.1n0 Lm.wDd /o-�O�d ( Date � Q�0�3�� . � NOTICE OF PUBLIC HEARING Notice is hereby given that the petition of Ronald A. Christenson, for the vacation of city right of way in the area bounded by Davern Street, Norfolk Avenue and West Seventh Street for the Gateway Village Project as more fully described on file 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 tloor of City Hall and Court House on the 20th day of March, 2002 at 5:30 P.M. Dated February 21, 2002 Shari Moore Deputy City Clerk (February 25, 2002) �� ° �� Interdepartmental Memorandum CITY OF SAINT PAUL � ; f To: All Council Members From: Peter White '�`/�'�'� Right of WayEngine� �� 140 City Hall Date: February 19, 2002 _ �u�sje�t `T�IS��esl �St�t� I3i3ns�� aearic�n I�i1� �Ip, }7: �(SOi . - _ I recommend that a public hearing before the City Council be held on �areh �Q; 2�� The purpose of this hearing is to consider a resolution to vacate city right of way in the azea bounded by Davern Street on the east, Norfolk Avenue on the South, and West Seventh Street on the west and north, in order to construct a new mixed use development by the Christenson Corporation. This property is located in City Council District's, Pianning District 1�. cc: Shari Moore City Clerk's Office 170 City Hall G:�SAARED�REAL WPdata\VACATE�Bmce\17.2001.Arg RqsLwpd ��/ FERDINAND F. PETERS, Esq. Law Firm 2575 University Avenue West, Suite 130A, St. Paui, Minnesota 55114 Phone: (651) 647-6250 Fax: (651) 649-0600 March 15, 2002 Mr. Jerry Blakey Ward 1, Room 310-A City tialf Saint Paul, MN 55102 Mr. Pat Harris Ward 3, Room 310-C City Hail St. Paul, MN 55102 Mr. Jim Reiter Ward 5, Room 320-A City Hall St. Paul, MN 55102 Ms. Kathy Lanfry Ward 7, Room 320-C City HaII St: Paul, MN 551 Q2 Mr. Chris Coleman Ward 2, Room 310-B City HaII Saint Paul, MN 55102 Mr. Jay Benanav Ward 4, Room 310-D Gity Hall St. Paul, MN 55102 RECEIVED Mr. Dan Bostrom Ward 6, Room 320-B City Hall St. Paul, MN 55102 (�IAR 1 8 2002 COUNCIlME14tBER CHRfS C�LEMRi� Subject: Letter of Opposition to Petition for Vacate to City Streets File No. 17-2001 Gateway Village Project on West 7' Street in St. Paul Dear St. Paul Council Members: f represent the owners of the property located at 1724 Munster Avenue, St. Paul (the Louck'sl. My clients are strenuously opposed to the vacation of #he city strests for the purposes of assisting the tenuous Gateway Village project proposer. My clients have not sold their property to anyone. They conduct a business at that location, which is as an apartment building providing residential accommodation. My clients feel that the Gateway Viliage project (and now with the request for street vacation), is a direct interference with conducting their apartment rental operations at 1724 Munster Avenue. My ciients believe that at a minimum the city council should make any street vacation approyal dependent not only upon an approved plat and the approvai and completion of the entire Gafeway Village project w ic s o`u d�not be allowed to occur in "phases"), buf also that the street vacation, if approved, should include an indemnification provisioh directly protecting my clients for any damage to their property or to their business. Amendment to Item 29 - March 20 Add Condition #13 - This vacation will not occur until such time as a development agreement is in place and approved by all concemed parties.