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
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Presented By
Referred To
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1 'A
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� 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
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�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
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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
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PF20POSED PEbESSR1AN TUNNEL VACATION
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FAX: 9]Z-E33-9126 OPUS NORT.FI�t'E5'T, L. L. C.
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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.
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(2501date)
Vacation Guidelines
swcxr
PAUL
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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)
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