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02-901Return copy to: (e.c.) Real Estate Division 140 City Hall ORIG{�1AL RESOLIlTION CITY,QF SAINT PAUL, MI Council Fite # `�gp t Green Sheet # � O 317- `f �a Presented By Referred To t��..� ..ti �\as(o� d. 1 'A �.,. 40 � �, �� � � WHEREAS, as documented in the Real Estate Division's Vacation File Number 25-2001, the Housing and z Redevelopment Authority of the City of Saint Paul, on behalf of Atlantic Financial Crroup, has petitioned the s City of Saint Paul to vacate its interest in public property described as: 4 s 6 See Attached Exhibit A and � WHEREAS, representatives of the City of Saint Paul, Department of Public Works, having reviewed the s petition to vacate pubiic property and having discussed the matter with the petitioner, have recommended that 9 the petition to vacate public properry be denied as outlined in attached Exhibit B; and io i i THEREFORE BE IT RESOLVED, that the said petition to vacate the public properiy described in Exhibit iz "A" is hereby denied. � � �M. O �t. �� ��"'� Requested by Department of: Technolot?v & Manaeement Services By: O�i��.��� /�'7 ����� �'�l'.G— _ Director Adopted by By: �� Approved by By: _—� �: ate ��. � ,� by C c�l Secretary Committee: Date • •... -.. � � C t / � 1�.�_i JI _ _ ,� � �. . ' o �, • . : , 1 ! ' �a -�01 EXHIBIT A Parcel I: That 30.00 foot wide sub-surface part of Fillmore Avenue, formerly Fourth Street and also formerly Water Street, lying between the elevations of 708.00 feet and 714.00 feet, sea level data, the center line of which is described as follows: Beginning at a point on the northwest line of Lot 1, Block 2, Riverview Office Addition 20.26 feet southwesterly of the northernmost corner of the said Lot 1; thence north 31 degrees 34 minutes 12 seconds West a distance of 70.00 feet to the southeast line of Lot 2, Block 1, said Riverview Office Addition, and there terminating. The sidelines of said Parcel I are to be prolonged or shortened to terminate at said northwest line of Lot 1 and said southeast line of Lot 2. ParcelII: That2Q.00footwidesub-surfacepartofthesaidFillmoreAvenuelyingbetween the elevations of 696.00 feet and 710.00 feet, sea level data, the center line of which is described as follows: Beginning at a point on the southeast line of Lot 2, Block 1, Riverview Office Addition 5.98 feet northeasterly of the southernmost corner of the said Lot 2; thence south 23 degrees 22 minutes 46 seconds East a distance of 70.30 feet; thence South 31 degrees �7 minutes 50 seconds East a distance of 41.34 feet and there terminating. The sidelines of said Parcel II are to be prolonged or shortened to terminate at the said southeast and southwest lines of the said Lot 2 and the northwest line of Lot 1, Block 2, said Riverview Office Addition. EXHIBIT B CITY OF SAINT PAUL Randy C. Ke[Zy, Mayor �,;��,�<<1E"� ��-`^;4 � � �;���,;! To: Eazi Carlson ,��AL ESTAT� �tW St. Paul Real Estate 140 City Hall From: Linda Murphy� St. Paul Public Work 800 City Hall Annex Re: TMS File # 25-2001 Subterranean vacations for US Bank's tunnel and storm line in Fillmore between Robert and Livingston Date: February 4, 2002 DEPARTMENT OF PUBLIC WORKS Robert Sandquist, Directm 800 Cery HaII Annes 25 West Fourth Street Saint Paui, Minnesota 55102-1660 Phone: 651-266-6150 F�: 651-298-4559 Qe� -R�� The Department of Public Works has completed a review of the above-referenced proposal and recommends their vacation request be denied. US Bank would like these areas vacated to accommodate an underground pedestrian tunnel and private storm line. The location and proposed construction of the tunnel and storm line have been approved by the Department of Public Works within the City's Site Plan Review process. We have no objection to their proposal and will gladly issue the necessary permits for their construction. But we strongly object to relinquishing our right-of-way to accommodate this, primarily because the vacafion is unnecessary since the established procedure for approving these items is a sewer permit for the private storm line and an encroachment permit for the tunnel. Sepazate issues pertaining to the storm line are: 1) We have many private sewer lines in the public right-of-way. A permit from the Public Warks Sewer Utility for a private storm line grants the properiy owner the authority to have their pipe in the public right-of-way. We have granted this authority via perxnit for all of the many private sewer facilities over the years. Never have we vacated the right-of-way to accomplish this. 2) The amount of area being requested for vacation is unrealistic compared to the size of the storm line. Responsive Services • Qualiry Facilities • Emp[oyee Pride � Ga -°�°� Memo to E. Cazlson on Vac.# 25-2001 — page 2 3) Even if the vacation area were reduced to a more realistic azea, it would be setting a precedent which could have severe repercussions for the City and iYs public right-of-way. The area beneath our public streets is becoming increasingly congested. This area is needed for existing and future public utilities. To relinquish our easement rights within the designated area of the right-of-way each time a properry owner or business requests use of the right-of-way would soon leave little right-of-way left for public use. The issues regarding the vacation of the Yunnel area are as follows: 1) Issue # 3, above, applies. Allowing a vacation foz the tunnel opens the door for many other vacation requests, such as storm lines and other utility lines, which aze inappropriate as vacations. 2) I have attached a list of tunnels in St. Paul, ali of which are approved by permit. In the history of the City no tunnels have been approved by vacation of our right-of-way. We see no reason to deviate from the City's standard procedure of issuing a permit. Icm Attachment Copy: Bruce Elder, Right-of-Way Manager Roger Puchreiter, Sewer Manager Bob Sandquist, Director AI Shetka, City Engineer Lisa Veith, Assistant City Attorney ST. PAUL CITY COUNCIL Pl1BLIC HEAR{NG NOTICE STREET/ALLEY VACATION NANCY ANDERSON COUNCIL RESEARCH 310 CITY HALL PURPOSE PETITIONER HEARING QUESTIONS M�P (attached) Notices sent by: Real Estate Division City Council Wazd # 2 Planning District # 3 �a-�o� File No. 25-2001 to consider a petition to vacate certain subterranean areas of Filmore Street between Robert Street and Livingston Avenue. Staff has submitted this petition with a recommendation that the vacation the Housing and Redevelopment Authority on behalf of Atlantic Financial Group � The Council will conduct a public hearing on this vacation on ! Wednesday, Seatember 25, 2002 in the Council Chambers on i the third floor of City Hall. Public Hearings begin at 5:30 P.M. I Ca11266-8850 and refer to the file number above. City staff will be I available unti1430 in Room 140 City Hall to answer any last- I minute question on this project. Dept. of Technology and Management Services Room 140 City Hall - Court House Saint Paul, Minnesota 55102 AA-ADA-EEO Employer PROPOSED STORM SEWER VACATION Wf�II�)1 .�.i � ' T T /t • FhA 952-8de-9326�� QP�S NORT.CS l/ EST .L�. L. �+� . � � � t ?:" /' � ,� ♦ �/ � . � � � 1� /r�lt //f ' !l/VLI\V/LYY 1 � � � ! ♦ `` f� � � t�47}. � S, • �i / � � �� < �� �/ C 't...��- ``� � •,�. .:. ! P�o � ( ••• y S1ML SFxT4 � I ' eoio ,�c ; .,:�?: ;;i•i , . x�co s�a n. � ` Pp��� � f .. � � , f . v�': .::'.. C� i /�rr ��\ .� � �� 9 i �: ' Y � f� , Vl / Ivt_ �i u' � T �i.�,: ;';\ ' 4 V�� � c . C � � J� , A4 f " �V � • ° ����h � � T �o� � � • � •• �r� �� � � . � �� 1 � ... F'� . t ([� � � / � JI �. �. � KT` B�� \ � ` - P /,.<� �. ;�:::::1-. �,_ - , � � , . ,. � � �� , \ ��a O � O • �j � . 6 4` %'� ' \� �' �,h� � ;�` . �' �o� � �, ��. �1 1'�' ,, tv i �c ,l — � � � {� `� . �--- _ C �\ / ,^�� , / � i N'a �— !-'. ���-^�„ � �` Y ���• j— <. L ^�� ♦ � ' � � � � ' �— ° �a,4. �' ' � � � 0 � A Yl r1 fTl/1 A 1 �<GU��. G� � \ /� I'lLJlJIf(V(Y —� �• n pRC°OSEO STOR`A SEWE�7 EASEUENT PF20POSED PEbESSR1AN TUNNEL VACATION bV::��zS: Y�[-001-L5i] �-'w""••""•�° ^'•°"°"�v � vi. FAX: 9]Z-E33-9126 OPUS NORT.FI�t'E5'T, L. L. C. . � � � � . [M /f'L)� //(�IA/ i � . /1/VLI1Y/LYf r \ \ \\ `� ` �� zF Goq � � 'i }, \, ,/ � ��'' � F " i J �Sy i� \ / � � � 9�y$. �;�' 4, �' � � \ �, � rc �14 �� � �� `� . . ,��a°�` �•` ��. �. � �"� Q � t � �.: •,,` 9 .' cros� �l�'" . 'a � ��.., Z . z � r C� \ � � q `] • ' t` �� :\ i �`' / _� t \ \ 'L c �.\.• / 1`x� � \ ' 1 \(:'1�:•::::. �y�•� ' i / ��1�♦ � f � �.."M. qCP C i `c.. `�.:.c ._.'.. Q, i 1 / ' ` . o .. � ��.,�.. , � ,�`�' � / !':.. � \` /lf � . /� � F / \/ �; . ..':.. \O V! % /vL / � ' \ ' � J �..: :;,,�.: � / . �o �•: . �,;� � . �( � � �,?,:�•. ,.- '�?, �' n4(� �rri� o� 'C� � � ��l'I' - �`� v � � �o�':.�,,.�, �-= . a �, � - i �.. � �`•��''� // ,' ` � , C, ,� .� � � � j ���',•c.� � nrj� .`�'v� ♦ � \ A n(�lrtflAt � / � � i ,�� ' � 6 � � riLll//r/vrv � � : � ��J ♦ ♦ . � �� a i`° � .. '�� i �' � ✓J �.%' . r PROPOS TUHN�I EAS%�IENT �c�� \�\ 6 a- �o� Interdepartmental Memorandum CITY OF SAINT PAUL To: All Council Members From: Peter White Right of Way Engineer 140 City Hall Date: August 23, 2002 Subject: TMS Department Vacarion File No. 25-2001 � I recommend a public hearing before the City Council be held on September 25, 2002 to consider denying a petition to vacate subtenanean right-of-way under Fillmore Street. The purpose of the vacation is to facilitate conshucrion of a pedestrian tunnel and a private storm sewer. This property is located in Ciry Council District 2, Planning District 3. The subject petition 3s in proper form and has been signed by the requisite number of property owners. � �����i'C�: v^a(�PB�' ��v � � ��� (2501date) Vacation Guidelines swcxr PAUL � AAAA oa -qo� PETITION TO VACATE CITY INTEREST I(we), the undersigned, constituting a majority of the owners (or their legally designated representatives) of the abutting pcopedies, do hereby petition the Council of the City of Saint Paul to vacate its interests in the property(ies) legally described as follows: See the attached Exhibit A I(we) request this vacation for the following reason(s). (Indicate whether you will be buildin� on the site.) i) 2) Constniction of a hmnei under Fillmore Avemie to connect U.S. Bank parking ramp to U.S. Bank office buildin�. Construction of a storm sewer under Fillmore Avenue. I(we) have attached six copies of the site plans of any development intended for construction on the lands to be vacated. Copies of site plans were delivered to Ciry of Saint Paul Department of Public works by David Bangasser of Opus Northwest Contact Person Construction. person(s) responsible for payment of vacation fee and for acceptance of the terms and conditions of the vacation: Name: Phone: Address: Julia LeMense Huff (6�1)223-6484 bJ b W2�00 Firet National Rank Rldtr St. Pattt, MN 55101 Alternate Contact Person� Name: Marie Franchett Name: Phone: Address: Name: Phone: ee a ove phone: Address: Address: Name: Phone: Address: Marie Franchett Vacation Guidelines Name: Phone: Address: Signatures of Owner(s)/Representative(s) of Property(ies) Below: k�,��s%�`� , /(1` am the petitioner, or one of the petitioners in the above matter; and I do hereby swear and verify that each of the signatures on this petition was signed in my presence by the person described b2�. �go \ Uacation Guidelines in the petition. Petitioner 6aY�e � Subscribed and swom to before me this %�/�day of W1RY Q ERICKSON '�oi/r�n6�sJ NDTAitYPUBl1C-►O�E.BdiA MYCOWIISSION , 200a EXPIRE.4 JAN. 31, 2006 � ///ILJC�'�i-/S�niil�Sd ' � - j Notary My commission expires (<altxf-10>vg) �ay�� Tunnels in Saint Paul - all approved by permit 1) Twin Town Treatment 1706 University Avenue Under alley behind building. 2) Three Beazs LLC 720 Payne Avenue Utility tunnel under Minnehaha between 720 & 722 Payne Avenue. 3) Hamline Universitv 1536 Hewitt Avenue Utility tunnel crossing under Hewitt east of Asbury. 4) Minnesota Life 400 & 401 Robert Street North Pedestrian tunnel crossing under Robert Street between 400 & 401 Robert Street North. 5) StateOfMinnesota 600 North Robert Street Pedestrian tunnel under vacated 13th Street between Robert Street & Jackson Stteet within a sewer easement area. 6) StateofMinnesota 600 North Robert Street Pedestrian tunnel crossina under Robert Street neaz Columbus. 7) State of Minnesota 600 North Robert Street Pedesuian tunnel crossing under 14th Street, east of Robert Street North. 8) Allina Health Svstems 333 Smith Avenue & 280 Smith Avenue Pedestrian tunnel under Smith Avenue from United Hos�ital to Medical Office building. 9� The Mazkham Com panY Tunnel crossing under West 7th Place from Hamm building to Saint Francis Hotel to Palace Theatre. d0) A4aca{esterColle�e Utility tunnel crossing under Macalester Street, north of Grand between 30 Macalester Street & i6 Cambridge Street. i ij J.L T. Warehouse Ltd. Partnershio Tunnel under Tenitorial Road between 2219 Territorial Road and 739 Vandalia Street. Q d-�9p1 12) Economics Laboratorv Tunnel under Sth Street, east of Wabasha, beriveen 360 North Wabasha Street and 9 East Fifth Street. 13) The Saint Paul Companv Tunnel under 6th Street, west of Washington. 14) State of Minnesota Pedestrian tunnels University-Columbus-Cedar-Wabasha. 15) Golden Rule Buildine Under 7th Street. 16) Cedar Street Between Sth Street & 6th Street. 17) Pioneer Press Tunnel crossing under 4th Street at 55 & 63 east 4th Street. o�-ao� T.14LS./REAL ESTATE DIVISION D�: August 23, 2002 Green S eet Number. 203929 c�rr�o.�arn�x 2 nEe,ut�.^rn 4 crrsrcovivcu, Peter Wlute �` `� 266-8sso 1 crnr Arro� �L �• cr� cr.�uc ,�_. . �..rtia.c�ma�ny: �'°` BcmcE-rnmECroR oirnzcsoFrnvnrrccv,svcs September 25. 2002 3 �YOR<oR.�� �.�A�D�oN TOTAL#OFSIGNATIJ1tEPAGES 1 (CI,IPALLI,OCATIONSFORSTGNATURE) nc�orr a�uESrEU: To consider the recommendation by City staff to deny a pefition to vacate subterranean rights- o�w$p in Fillmore Street between Robert and Livingston. Ref: 1. Resolution for consideration with Eahibits A; legal descriptions, and B, recommendation of the Department of Public Works; 2. Petition to vacate; 3. Map. _ �d�IDAT10NS: APPROVE (A) ORREJE(.T �) pERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING: 1. Has the persoNfirm evuworked mder a rnntract for tlm deparlau�t? XE9 NO ��� R �.� z. a�w��rs��er�ac��p�ce� �es xo cEVU. sst�vrce coafnu.xc�qv 3. Dces tius person/Brm possess a slo7l � normally posses.sed 6p any YES NO , careenf C9ty employee? CBCOI�IIFIE¢ E lmn aIl YES m'swets on a se sheet mu! Ntach CbIINCIL WARD(S� 2 DISTRICT PLANNING COUNCII. � P�llTfATING PAOBLEM, ISSUE, OPPORTUNTTY (Who, WLat, Whea, WLere, K'hp?) R EC E�UF_� The petitioner is installing a pedestrian tunnel and sewer under 15llmore Street S�P �° 2002 avenrri°wcES�arraovEn: MAYOR'S OFF1�E The petitioner would have all rights within the vacated areas. HE COUIdCIL HEARfP1G ON THIS MATTER IS SET FOR DISADYANTAGE5IFAPPROVED: 17�is wouid interfere with the easement rights SEPTEMBER 25 2002 h�d by other utilities, and would set a precedent that coutd complicate future negotiations. �������� D75ADVANTAGES IF NOT APPROVED: The petitioner woutd proceed with permits A�G 2� 2�[�2 issued by the Department of Public Works. �°�'�'� f��'i'����� TOTALAMOUNT OF TRANSACTION: $O.00 �T��E�vu� BuncET�v �cmc� o�+.� �s xo �axuaresovxc�: N/A `"" acrivrrvrrv��x: N/A �r r,es}ae F}�fANCL4L INFORMATION: (EXPI.AIlH) ���