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06-10074 Substitute - November :, 2006 Retum copy to: jmb Public Works Tech. Services 1000 City Hall Annes c�.� Council File # ��_/Od7 Green Sheet # 3033433 RESOLUTION � Presented 1 2 0 6 7 10 11 12 13 14 15 16 17 18 19 40 41 42 43 OF SAINT PAUL, MINNESOTA BE IT RESOLVED, that, upon the petition of JAS Apartments, Inc., as documented in Public Works Technical Services, Vacation File Number 21-2006, the public property hereinafter described, as follows and on attached map Exhibit A, is hereby vacated of its interest as street right-of-way: - - - � � - - � - _ . . . ._ �� _ - - - - � - � � . . . .. . . •---• - - - ._ . . ._. _ _ . .. _ . . . ./ _ _ . . and be it fiu•ther; RESOLVED, that, subject to the herein stated exceptions and with the accompanying Utility Easement Certificates of Intended Non-Use, filed voluntarily on behalf of: Qwest, a Colorado corporation; Market Street Energy Co. for District Energ,y Saint Paui, a limited liability All that oart of Wacouta Street described as follows• �� o�a � 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 company; made a part hereof by this reference and filed in the office of the City Clerk of Saint Paul, the City, for itself and on behalf of these corporations and departments, waives the right to the street right-of-way and utility easements in the area to be vacated, described above and subject to the following, including: This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the Saint Paul Legislative Code as amended, and to the following conditions: 1. That the petitioners, their successors and assigns shall pay $1200.00 as an adiuiuistrative fee far this vacation which is due and payable within 60 days of the effecfive date of this resolution. 2. That MCI Network Services, Inc. shall retain an easement abutting the vacated azeas within Sibley and Wacouta Streets for itself, its successors and assigns, for the purpose of maintaining, repairing and replacing existing telephone and/or cable lines for so long as MCI maintains such lines in the vacated area. Except for the existing structure, no buildings, shuchxres, trees or any temporary structures, material storage, fixhxre or any other objects which may prohibit normal access to facilities for maintenance purposes will be permitted with the easement azea. 3. That Northern States Power Company, dba Xcel Energy - Electric ("Xcel") shall retain an easement abutting the vacated area within Sibley Street for itself, its successors and assigns, for the purpose of maintaining, repairing and replacing existing electricallines and facilities far so long as Xcel maintains such lines in the vacated area. Except for the existing stnxcture, no buildings, structures, trees or any temporary structures, material storage, fixture or any other objects which may prohibit normal access to facilities for maintenance purposes will be permitted with the easement area. 4. District Energy, Saint Paul, Inc. shall retain easements and rights abutting the vacated right-of-way area. Should any utility relocation be required, cost reimbursement is agreed to by the petitioner, its successors and/or assigns for any required utility relocation or special provisions and subject to the following conditions: a. District Energy St. Paul, Inc. has and shall be permitted to maintain direct buried heating facilities within the area defined for street vacation. b. A utility easement, subsurface, surface or overhead within the entire defined area shall be retained in the right-of-way for the benefit of District Energy St. Paul. Inc to maintain, inspect, repair, construct or reconstruct the exisUng heating utility or any new facilities related to the heating and cooling piping and/or heating and cooling equipment or any part thereof and to enter upon said easement ar any portion at any time and from time to time. c. If a utility relocation or special provisions are required on existing heating utility or any new facilities, it shall only be completed by District Energy St. Paul, Inc., its agents and its designated contractors. Full and complete cost reimbursement is required for any required relocation or special provisions of the piping in the azea or adjacent to the street vacation. d. The direct buried heating facilities and future cooling facilities within the street vacation area and the area defined for utility easement purposes will be used to serve the various buildings. District Energy St. Paul, Inc. and District Cooling St. D�-�� 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 Paul, Inc. shall be pemutted to install the necessary heating and cooling facilities within the subsurface area within the street vacation area. e. In extending any new heating and cooling facilities, consideration and coordination will be granted to District Energy St. Paul, Inc. for routing these facilities in the right-of-way area abutting the area defined for street vacation. 5. That this vacation shall be for the life of the e�sting improvements within the eneroachment (all of which aze hereinafter referred to as the "Improvements") and/or the repair or reconstruction of the foregoing Improvements. At such time as the Ixnprovements no longer encroach upon the vacated properiy, the vacated property shall revert back to the City as public right-of-way. 6. That the pe6fioner, their successors and assigns agree to indemnify, defend and save hannless the City of Saint Paul, its officers and employees from all suits, actions or claims of any character brought as a result of injuries or damages received or sustained by any person, persons or properiy on account of flus vacation, ar the petitioners' use of this properry, including but not limited to, a claim brought because of any act of omission, neglect, or misconduct of said petifioners or because of any claims or liability arising from any violation of any law or regularion made in accordance with the law, whether by the petitioners or any of their agents or employees. 7. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this resolution, file with Public Works, City Real Estate, an acceptance in writing of the conditions of this resolution and shall, within the period specified in the terms and conditions of this resolution, comply in all respects with these terms and conditions. Requested by Department of: Public Works � Form Approved by City Attomey By: Adoption Certified by Council Secretary Form ,�pr ved y or bmission to Council / BY� s� By: Approved b G or: Date // ——"�� By: �! 124 � W � ° � �o p, �w Z a3�� o O a� m � w �� N N t� � � haq'� � s�, o_°' < o a T � ra � > � e �o�� a � y T� ' U � y � I� �O � A U Fi � N'y' {y a Y u � o � m �o � — -----� N W A C O U � �� I o . �' � \ ,v� � m U � c N O � \ �, � .° I � 'h ^ x� , '� E �,I�"��/ N `y � � h P � � ' I B L E Y \ � 0 1 � � �� I � a ' i a7l GY m �� m � w� u � � � , � o . m °' I t �' " Z z � a' a� � N � � 90. � � �� V �p ��° > v �� a a, 3 0 i' I E-; > � a m � a 115 � ExK1 i� � �,e,� � O� /aD� 46 m � � �� a,�� N �� '. � � � La 0 t� Q 0.i °11.5 � � � ► �� c— � �� l\ , W u� � � N �rn ' m 'n N � � z � L � O� ✓ LS ) ��J i � 1 � ennieon(3� 1 A/ h/�/1 I I T � r. ,-- V V�\ \� �/ U �/—\ v �. o.io z8'�. tso.t2 �� o� _o I 0 ; °° I > M y I ` �' N c � r� � — �c��T%AY /�� /�� 7 1 � I ; � J I � I I L ; I _ J ' I f 7� I 3 � ^ + NN �/ I�m / n e °i ` / �N C> I _ J I — J i i I LIJ � / � — I - I C ' C " I � 1 � ---� ��J ---- I � \ l m �..e..��__._ � - . ¢ 3 0 � z C� �� J —=�- � �i � � n - ; �."° \ � a8.90 - 4'Za,91 Y / � ` p 3 m t$ _ ` i �- \�� mi l i J . (r C'��v 'oa \ / � ¢ ^ 0 t � ��\` � �R'� � — lT :� � �C��3� � � � �-- � v �Z6.56� /Y J m m_�z �^ � 30°00'32"W I J i �❑ ' (] �J T w � I x F � �J) � 0 ^' i`' � e z I �� '�� in� / . — -- i z� I � '_� aa.is %�' � N30 � J4.S N30 � \/!/ � i� � �.. � C � .,. � a I �..� ww ��'-tia � � N N W / � S3D i: p � 73.34 �_ __ _¢ fn y Fp ��-"' � I _ F _ T � N � � 1 / I 3 3 �; � � � m n ty � N n N � �h � � ow q N I = N ��iJh � I �, c_._ ��0� oWZa 73.34 Jm¢q N30 --- ' '�N30 123.96 � 35.31 �� f ^T �:IL�L_L_ I � � , I I � J ; � � ♦ " ; � \ \ C ^ ^ � V � �/ o� ��o � ° 2 sinroo a�aoiswoa sses roe� esz xa3 roi:eo sooz�zzioi � Green Sheet Green Sheet Green Sheet GFeen Sheet Green Sheet Green Sheet � Ol� /UD� PW — PubHCworks Cunfact Person 8 Phone: Jean Botgen 266-88G6 Must Be on Council Agenda by (Date): o�-NOV-0s Doc.Type: RESOLUTION E-DocumentRequiretl: N DocumentContaci Contact Phone: Date Initiated: 0&OCT-06 y Assign Number For Routing Order Green Sheet NO: 3033433 0 �P blicWo ks � �� PaNKartz � 1 abli W rks r � Bruce Beese 2 ttome Ju Haoson 3 a Ps OFfice Ma or/Assistant 4 ouncl 5 lerk ' Clerk ToFal # of SignaW re Pages �1(Clip All Lo for SignaW re) Action Requested: PUBLIC HEARING. Vacate a small portion of Sibley and Wacouta Streets that contait�$an existing building. idations: Appro�e (A) o� R Planning Commission CIB Committee CiHI Senice Commission Service Coniracts Must Mswerthe Following 1. Has this personlfirtn e�er worked under a contract for this department? Yes No 2. Has this persoNfirtn e�er been a city employee? Yes No 3. Does this person/firtn possess a skill not nortnally possessed by any current city employee? Yes No Explain all yes answers on separete sheet and attach to green sheet Initiating Problem, Issues, Opportunity (4Vho, What, When, Where, Why): Owner of the building lmown as Union Depot became awaze of slight encroachments of the e�sting building into the ROW on Sibley and Wacouta Sh'eets. In order to Lave the fewest title issues, they request a vacarion of the encroaching azeas, with reversionary rights to the City of Saint Paul. AdvanWgesNApproved: � Title for exis6ng ptoperty becomes as "clean" as possible, facilitating sarisfac[ory terms for potential investors, mortgage companies or future developers. Disadvantages HApproved: None foreseen. Disadvantages If Not Approved• Cloud remains on title. Vw7ransaction: 1200 Funding Source: Financial Information_ (Explain) � ocT 1 s 2oos �. l ' � � �.... � Cosi/Revenue Budgeted: � �;� ��? � � 2�Cir; ��°� �,�`�� Activity Number. GL-255-12363-2833 � unci6 €��:°�h ��r�� Yi October 9, 2006 2:12 PM Page 1 �x,Ni� � �q� n� i� � � � CITY CLERK'S OFFICE Shari Moore. Ciry Clerk CITY OF SAlNT PAUL Chris:opher B. Coleman, Mayor 290 Ciry Ha[I I S W. Kellogg Boulevard Saim P¢u1, Mirsnesata 55102 Zl -zo�� September 6, 2006 Bruce Engelbrekt Valuation Engineer Real Estate Division 1000 City Hall Annex Dear Bruce: a� iva �- Tel.: 651-266-8688 Faz: 6A-266-8919 wHnv.SfpauZ.gov I refer to you to check as to form and sufficiency and for recommendation, the attached petition of Stephen Frenz far the vacation ofportions of Wacouta Street, Kellogg Boulevard and Sibley Street according to the recorded plat thereof on file and of recard in the Office of the Saint Paul City Clerk. Sincerely, C=� Shari Moore City Clerk Attachments i� i� AA-ADA-EEO Employer ��-/��7 LEONARD S'IREET AND DEINt1RD August 30, 2006 City Clerk City of St. Paul Room 170, City Hall St. Paul, MN SHAUN C. MCELHATTON 612-335-7086 DutECr I j0 SOUiH FIFiH STREET SUITE 2 j00 MINiSEAPOIIS� MINNESOTA SS402 6ia MpiN 6iz Fn� RECEIl1E� SEP 0 � 2006 �ITY CLE�i� RE: Petition for Vacation of a Portion of Wacouta Street, Kellogg Blvd. and Sibley Street Our File No. 57834.00Ol8 — JAS Apartments, Inc. Ladies and Gentlemen: On behalf of the JAS Apartments, Inc., I enclose a completed petition for the vacation of portions of the above streets which abut property owned by the JAS Apartments, Inc. The petitioner seeks to vacate those portions over which the existing building encroaches. Along with the petition, I have enclosed an Adjacent Ownership Report, a copy of a survey which depicts the areas of encroachment, and our check in payment of the $100 filing fee. If you have any questions pertaining to this petition, please contact me at the number shown above, or you may also contact our paralegal, Jan Aalbers, at 612-335-1858. Very truly yours, LEONARD, STREET AND DEINARD �'�--'�'\ _-------- Shaun C. McElhatton Enclosures LAW OFFICES IN MINNEAPOLIS • MAN%ATO • ST. CLOUD • WASHINGTON� D.C. A Professional Assoraauon W W W_LEONAAD.COM �l� Q PETITION TO VACATE CITY INTEREST I(we), the undersigned, constituting a majority of the owners (or their legal]y designated representatives) of the abutting properties, do hereby petitioa the Council of the Ciry of Saint Paul to vacate its interests in the property(ies) legally described as follows: See attached EXHIBIT A I(we) request this vacation for the following reason(s). (Indicate whether you will be building on the siteJ To clean ua encroacYiment issues affecting title to the �roperty. Encroachments relate to existing structure. I(we) have attached six copies of the site plans of any development intended for construction on the lands to be vacated. N/A Person(s) responsible for payment of vacation fee and for acceptance of the terms and conditions of Contact Person the vacation; Name: Phone: Address: Leonard, Street & Deinard Address 15o South 5th St., #2300 ASinneapolis, MN 55k02 Shaun C. NcElhatton 612-335-7086 Name: c+,...,w.,,, n �..,..,., �..e..; ae„+ Phone: Alternate Contact Person Name: Phone: Jan Aalbers 612-335-1858 Name: Phone: Address Name: Phone: Address Name: Phone: Address Address: Leonard, Street & Deinard 150 South 5th st., #2300 Minneapolis, NN 55�+02 UC�'/007 '�ignatures of Owner(s)/Representative(s) .�— of Property(ies) Described Below: Tax Parce] No. 06.28.22.11.0018 Shaun C. P�cElhatton On behalf oY JAS Aaartments, Inc. Dated: July 31, 2006 �� Shaun C. McElhatton , am the peti4oner, or one of the petitioners in the above matter; and I do hereby swear and verify that each of the signatures on this pet3tion was signed in my presence by the person described in the petition. y ��.. ,� �--_ Petrtioner Shaun C. McElhatton Subscribe ; and sworn to before me this al O«"1 day of (�(.LLy,� , 20d�o �� ° �i�d�� tazy y commissinn e f� 'ues JANETTEL.AALBERS � NOTApY PII�IC • MINNESOTA Y/CaomrspaE�presJan 3� 70�0 r x D(,�-/UD "7 EXHIBIT A Description of Property to be Vacated Surface Encroachments • All that part of the existing building foundation which encroaches onto Wacouta Street. (Affects Lots 1 and 12, Block 28, City of St. Paul — Abstract Property). • All that part of the e�sting building foundafion which encroaches onto Sibley Street. (Affects Lots 7, Block 28, City of St. Paul — Abstract Property). Air Saace Encroachments: • All that part of the existing building's roof overhang which encroaches onto Wacouta Street, Kellogg Blvd. and Sibley Street. (Af1'ects Lots 1, 6, 7, 8, 9, 10, 11 and 12, Block 28, City of St. Paul — Abstract Property). • Overhead lighting which encroaches over Wacouta Street. (Affects Lot 1, Block 28, City of St. Paul — Abstract Property). • Overhead lighting which encroaches over Kellogg Blvd. (Affects Lot 9, Block 28, City of St. Paul — Abstract Property). 3529679.I o(�-/ad� CERTtFtCATE OF INTENDED NON-USE THE HONORABLE MAYOR AND MEMBERS OF TT� COUNCIL OF THE CITY OF SAINT PAUL In the Matter of: Vacation File # 21-2006 The undersigned hereby certifies, on behalf of the indicated department or company, that it does not intend to exercise its utility rights in the realty described below: Part of Sibley Sireet upon which building encroaches by 0.14 feet or Zess along length of building (I50.15 feet), and part of Wacouta Street upon which building encroaches by 0.20 feet or less along Zength of building (150. 09 feet). egcept as here noted: Com / Dcpenment /�� L�'��.5'7" L1.�i��G��r�Td3i� Its: � J��S 16n..� G/vG ! hi c� F.,�. STATE OF MINNESOTA CQUNTYOF Lt,,;4 SN I�✓ � z.•:: 1 The foregoing insWmen[ was acimowledged before me this = � 5i day of ��rT�n� �'� �-- ��'�:'�7 +-�r�Ati%lCrYci,� � �ifc �ESi�2l �n�'c � �,�F« a1 ��f51 � OF g � under the laws of tf�e State of Minnesota. . LINDAA. JUEUCH xor�yr�bi�or C�-�l�.�-.--/� �z -- ti ;� Notan� gublic-Minnesota �R N �� ; � �� My Comrission Exprtes Jan 37, 2010 My commission expires i.rvvvWW/�^/yVW'/Y SIGNED/NOTARIZED COPY TO 1000 CIT'Y HALL ANNEX, 25 W. 4�' St., ST, ST. PA17L MN 55102 ■ ■ 10/04/2006 13:43 6123306590 Reply to Vacation Inquiry Fit� # Z1-2006 XCEL ENERGY ro: Jean Borgen "" "' ��- z�d City of S`t Paul �, rho�es 266-8866 �'"' F�,y 266-8855 eei We have no objections to this vacation We wili approve tlus vacation, subiect to Yhe following con.ditions: �'or the fol]owinQ reasons, we bannot approve this vacation: THISFO,IiMISZ'O [�i1CATESTREET RI'GHZ'OFWAXOMX: Part of Sibley Street upon whicle bz+zlding encraaches by 0.14feet ar tea ; alorag Zength of building (150.15 feet), and part of Wacouta Streel upon which buildir, � encroaches by 0.2Q feet or less along dength of building (150.09 feet}. That easement rights be refained for Northern States Pov�er Company d/b/a Xcel Energy ("Xcel") within all that part of Sibley 3treet herein described for existing electric facilities shown on the attachE d. No rights within Wacouta Street need be retained in favor oi NSP. PLEASE PROViDE A COPY OF THE DOCUMENT RECORDED SUBS�QUENT TO THE ADOPTED VACATION FESOLUTION WHEREIN THE ABOVE DESCRIBED RIGHTS ARE GRAN TED. . �� . /, . ��,r j �!j�i -. � rzc� Date PA6E 01 O(� 16�� v�sr t � � 10/04/2006 13:43 6123306590 XCEL ENERGY PAGE 02 D(� �Io�-7 ■ ■ ■ Sep.2�, 2006 2:02PM Xcel Energy Rice St. 3rd Fl No.4287 P. 1 To: .�ean Borgen F `a 0 '� U� lG� � �A�J Wo� Repty to Vacatlon Inquiry File # 2'1-2006 c�Tyofs�.ra� x^ �� Pablic works zecbnical svcs YLonep 266-8866 phone� bS/� ZZ4�-72J ( F�� ass-gsss F�� ys�-2a9 d3� We have no ob�ections to tivs vacafion Wa will a»nrove this vacation, subiect to th� £ollowim.� co*?di�o*�a: For the followinQ reasons, we cannot approve tbis vacation: ►' � � � THIS F'pRM.iS TO YACATESTREET RIGHT OF W�9 PONLY: Part of Sabley Street upon which building encroaches by 0.14 feet or less along length of buidding (ISO.IS feet), and purt of Wacouta Street upon which 8uilding encroaches by D.20 feet or less atong dength of building (150.09 feet), �'—ZI--a � � C`.o Date v�-�ao ��:,��. ._. ,�� MCI Network Services, Inc. 09125/2(l06 CTTY OF SAINT PAUL Jean Borgen 1000 City Hall Annex Saint Paul, MN 55102 OSP Natio�l Support / Iavesrigatons Depe 4?86A Loc 10 i ?i`W \orth Gfrnn4e RY�+�..1�.,� TX 7>D82 RE: VACATION FILE NO. 21-2006 — STREET VACATION REQiTEST — WACOUTA STREET AND SIBLEY STREET — Saint Paul, Ramsey, Minnesota MCI ID: 6085-2606 Dear Sir or lYImdam: MCI has been notified by your offce regarding the above referenced project. Tn reviewing tTus request, it has been determined that MCI does maintain faeiIities in this azea and dces not intend to waive any rights of easements as defined in your letter. A copy of our faciIifies near the area in question is included wifh this Ietter. You shoutd address future correspondence concerning the project to the attention of OSP National Snpportllnvestigations at the above address. Please incfude the above MCI ID number. i£ you need further assistance with this project, please do not hesitate ta call our fieid representative Darin Zumach at 612fi30.3822. Sincerely, 3ohn Bachelder National Support / Investigations (9'72) 729-6426 /�3 F.acement-R rtain _ rinr 0�9�1�D� 2o-�3 � � � , �. _ R a � D�-�o�7 3 trF 3 LEGEND 1--� MC{ LD AEftIAL - 010 MCI LD UG - 000 -fl-- MCI LD LEASED - 020 ------- MCI LD FOGWIRE - 030 ---MCI LD ABANDONED - 040 �-•-MCIIDPRELIM{tdARY - O60 -Ff- WORLDCOM LD AERIAL - 210 ��WORLDCOM LD UG - 200 �I— WORLDCOM LD LEASED - 220 ---WORLDCOM LD ABANDONED - 240 �-•-WORLDCOM LD PRELIMtNARY - 260 WESTERN UNION CONDUIT - 450 -�--T WESTERN UNION AERIAL COPPER - 411 -LT WESTERN UNION UG COPPER - 401 -4-� MCI LOCAL AERIAL - 110 MCI LOCAL UG - 100 �}— MCI LOCAL LEASED - 120 ---MCI LOCAL ABANDONED 140 �-�-MCI LOCAL PRELIMINARY - 160 -�--i- MFS LOCAL AERIAL - 510 MFS LOCAL UG - 500 -Ft-- MFS LOCAL LEASED - 520 MFS LOCAL CONDUIT - 550 --°MFS LOCAL ABANDONED - 540 �-�-MFSLOCALPRELIMINARY - 560 -I-+ BROOKS LOCAL AERIAL - 610 ��BROOKS LOCAL UG - 600 �F�-- BROOKS LOCAL LEASED - 620 BROOKS LOCAL CONDUIT - 650 ---BROOKS LOCAL ABANDONED - 640 •-�-BROOKSLOCALPRELlMINARY - 660 ----•° INTERMEDIAAERIAL - 710 �� - -�INTERMEDIA UG - 700 °�- ---�-� INTERMEDIA LEASED - 720 -- -- --INTERMEDIA CONDUIT - 750 °-°- �-°-INTERMEDIAABANDONED - 740 FIBER CODES 000 � I � I � '� ' I YES = 1 �� I NO = 0 I ' = 0 AERIAL = 1 I LEASED = 2 � FOGWIRE = 3 ABANDONED = 4 �, CONDUIT = 5 PRELIMINARY = 6 ��---- MCI LD = 0 MCI LOCAL = 1 WORLDCOM LD = 2 WESTERN UNION = 4 MFS=5 BROOKS = 6 {NTERMEDIA = 7 CERT{�{CATE OF INTENDED NON-USE U(v �/00� THE AONORABLE MAXOR AND MEMBERS OF TF� COUNCIL OF'I'HE In the Matter of: CTTI' OF SAINT PAUL Vacation File # 21-2006 The undersigned hereby certifies, on behalf of the indicated department or company, that it does not intend to exercise its utility rights in the realty described below: Part of Sibley Street upon which building encroaches by 0.14 feet or Zess along length of building (I50.15 feet), and part of Wacouta Street upon which building encroaches by 0.20 feet or less along length of building (150.09 feet). except as here noted: District Energy St. Paui, Inc. must retain easements and ri9hts within fhe varated right-of-way area. We will approve this sVeet vacation, within the area defined, provided that cost reimbursement is agreed to for any required utility relocatlon or special provisions and subject to the foilowing conditions: 1) District Energy St. Paul, Inc. has and shall be pertnitted to mainWin direct buried heating facilities within the area defined for street vacation. 2) A uUlity easement, subsudace, surface and overhead within the entire defined area shall be retained in the right-of-way for the benefit of District Energy St. Paul, Inc. to maintain, inspect, repair, wnstruct or reconstruct the existing heating utility or any new facilities related to the heatfng and cooling piping and/or heating and cooling equipment or any part thereof and to enter upon said easement or any portion at any 6me and from time to time. 3) If a utility retocation or special provisions are required on existing heating utiliry or any new facilities, it shall only be completed by District Energy St. Paul, Inc., its agents and its designated contractors. Full and complete cost reimbursement is required for any required relocation or special provisions of the piping in the area or adjacent to the street vacation. ' 4) The direct buried heating facilities and future cooling facilities within ihe street vacafion area and the area defned for utllity easement purposes wiil be used to serve the various buildings. District Energy St. Paul, Inc. and District Cooling St Paul, Inc. shall be permitted to install the necessary heating and cooling facilities within the subsurtace area within the street vacation area. 5) in extending any new hea6ng and coofing facilities, consideralion and coordination witf be granted to Dishict Enecgy St Paul, Vnc. for rou6ng these facilities in the right-of-way area within the area defined for street vacation. TRUDY L SHERWOOD NOTARY PUBLIC-MINt�SOTA MY COMM{SSIOM EXPIRES JAiJ.31, 2 Q 1 0 STA:E OF MINNESOTA %� , -� � � . ._�___ / l. - r i Its: GS�� , ' � Signature The foiegoi�g insuvment was aclmowledged before me Uvs S� day of O� � . 20._��.n s ��rla..-s S Q�.rl._.Pe 6�r s`d�,�- under the laws of the State of Mianesota. . S-F��a..e. . Notary Public �-�w� � ��-• My commission expires �� 3 � 0 L b RETURN SIGNED{NOTARIZED COPY TO 1000 CITY IIALL ANNEX, 25 W. 4`" St, ST, 5T. PAUL MN 55102 -��a� To: Reply to Vacation Inquiry File # 21-2006 Phone � Fmc# We have no objections to this vacation Jean Borgen City of St Paul Works Technical Svcs 266-8866 266-8855 We will approve this vacation, subject to the following conditions: For the following reasons, we cannot approve this vacation: THIS FORMIS TO VACATESTREET RIGHT OF IPAY ONLY: Part of Sibley Street upon which building encroaches by 0.14 feet or Zess adong length of building (I50.15 feet), and part of Wacouta Street upon which building encroaches by Q.20 feet or less along length of building (150.09 feet). From: � Co/%n /RG JO �c� �� • � � � � � �-- o��'� `� LS DP� S�igned Date _ �_ _ _ .._ _..__ _..___ __. __. ___- -- - :Jean Borgen Re Proposed vacation, 21-2006 Q(� � 61f7 Page 1 From: Dave Marruffo To: Borgen, Jean Date: 10/11/2006 9:37:38 AM Subject: Re: Proposed vacation, 21-2006 SPRWS has no issues with the proposed vacation of a small portion of Wacouta & Sibley St., your flie #21- 2006. Thank you Dave Marruffo Saint Paul Regional Water Services 1900 RICE ST St. Paul, MN 55113 Tele: 651266.6813 Fvc: 651.266.1658 Email: dave.marruffo@ci.stpaul.mn.us »> Jean Borgen 10/3/06 10:03 AM »> This is a second request for response. Thank you, Jean Borgen Tech Svcs - Real Estate 25 W. 4th St., Ste 1000 St. Paul MN 55102 Ph 651-266-8866 Fax 651-266-8855 Oln /60 7 Reply to Vacation Inquiry File # 21-2006 We ha�e no objections to this vacation We will approve this vacation, subject to the following conditions: For the followin� reasons, we cannot approve this vacation: To: Jean Borgen � F ` ° `": City of St. Paul Public Works Technical Svcs Phone# 266-8866 phane# F�n 266-8855 F�" THIS FORMIS TO PACATE STREET RIGHT OF WAY ONLY: Part of Sibley Street upon which building encroaches by 0.14 feet or less along Zength of building (I50.15 feet), and part of Wacouta Street upon which building encroaches by 0.20 feet or less along length of building (150.09 feet). 1 � C.e��,1 �- Signed � � -� 2t �� Date � � Ol��/DD� ro: Jean Borgen From: Reply to Vacation Inquiry pP � P � File # 27-2006 cityo£s�.rau� Public Works Technical Svcs Phone# 266-8866 Phone# F�� 266-8855 F�# We have no obiections to this vacation We will approve this vacafion, subject to the following conditions: For the following reasons, we cannot approve this vacation: THIS FORMIS TO YACATESTREET RIGHT OF T3�AYONLY: Part of Sibley Street upon which building encroaches by 0.14 feet or less along length of building (I50.15 feet), and part of Wacouta Sh-eet upon which building encroaches by 0. ZO feet or less along length of building (150.09 feet). �„�. �-�.� �. �,,,0 z� - J- ,- t-P,�-..-z ��.-�.."p.,,`� � / � � s c �- t-a^- i .,..=�---�`..-zfJ � � � �� /� .� _ ,�...�� .�- � � r m `r-�.c i�+�..^- t7� :�, - 8-"`�''(' :rin 9< t'`ti' - ��c.a"9-� "" � f.�Ja�e+�-a�C�- - j �e+�"z-� 7F �'. 6Y-'-�c" � v ' 4� ,,P�-�--�-� a- � `O'`�`' �, ;�- � ,��.- w"' � ��. r� 3 �.� � � �.� ��-e.� �- -� � �� , IJ° OP ' T�x �� C.�`""� -"-� _rr`_:._,w.�� 1 5/�x.-�- ty i �X�°`� J � �'`� .'�� n" � � � � Q � � �, �� „ f ;,,.,,,� a, .�.e�� — �..�,�_ � �„� �.,�,.�! � �-�. .�.�,, �.. s/ . �. �-a�-�6 Sign �� Date T� ,� �-�.�.� ��`�` " '`"`�'�_� � � � �� - � �-c� , s PP D -�-� , �ti-- _ y � ��j�� k ��`°v` e � - aicc..2�-' � �� Y �-�,,. � un c�-e� f '" _` ' �.a' '`�P ■� � 09/21/2006 13:09 6512927405 Reply to Vacation Inquiry File # 21-2006 We bave no oblectioxts to this vacation ST PAUL PARKS & REC PAGE 01/02 D(�- /ao7 To: Jean $orgep F�°'"� Joc�'!! i�7ri�+�.� CityofStPaul P �C S Public Warks Technicat Svcs P�n� r 266-88G6 '�OAe # Z(p -� F�� 26Fr8855 F°x� �2�7 We wi11 approve this vacation, subject to the followin� conditions: For the followin� reasons, we Canztot approve this vaeation: S FO,RMIS TO f�.9CATESTRE.BT RIG.fIT' OF WAY ONLY: Part of Sibley Stre6t upo�a which btailding encroaches by 0.14 feet or tess along iength nf building (l50.15 feet), and pari of Wacouta Street u�nn which building encroaches by 0.20 feet or less along length of building (I50.09 feet). q 2/'oSo Date �►. � � __ „ �__ � _ _ �Jean Borgen Vacation 21�2006 �� ' Page 1 � �(Y �� From: Tom Beach To: Borgen, Jean Date: 9/29l2006 11:48:01 AM Subject: Vacation 21-2006 LIEP has no objections to the proposed vacation. Tom Beach LIEP 8 East 4th Street Suite 200 Saint Paul, MN 55101 651-266-9086 (phone) 651-266-9124 (fax) tom.beach@ci.stpaul.mn.us (email) 6l��1a07 Interdepartmental Memorandum CITY OF SAINT PAUL To: All Council Members From: Bruce Engelbrekt (c/o Jean Borgen) Public Works Technical Services Real Estate 1000 City Hall Annex Date: October 9, 2006 RE: Public Works Vacation File No. 21-2006 (Vacate Street Right of Way) I recommend a public hearing befare the City Council be held on November 1, 2006 to consider the petition of JAS Apartments, Inc. This petition is to vacate street right oFway in a sma11 portion of Sibley and Wacouta Streets to include the area upon which the current building encroaches. The purpose of this vacation is to elnninate future tifle issues of the property by amending the title work to include vacating the encroaching azea. The existing building will remain; no additional building will be allowed, and at such time as building no longer remains, the right of way area will revert to the City of Saint Paul. This property is located in City Council Wazd 2, Plamiing District 17. Alantis/pw/Technical ServicesBeal EstateNacations/2006/21-2006 6�-�aa� NOTICE OF PUBLIC HEARING Notice is hereby given of the petition of JAS Apartments, Inc. to vacate a small portion of Sibley and Wacouta Streets upon which the cunent Union Depot Building encroaches as more fully described on `J file and of record in the office of the City Clerk of Saint Paul, Minnesota, and will be heazd and � considered by the Saint Paul City Council at a meeting to be held in the Council Chambers on the 3rd floor of City Ha11 and Court House on the 1 st day of November, 2006 at 5:30 P.M. Dated: October 9, 2006 Shari Moore City Clerk (October 12, 2006) Dl� -/�D� rn copy to: jmb �c R'orks Tech. Services City Hall Annes RESOLUTION L, MINNESOTA Presented by ` 1 2 0 b 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 BE IT RESOLVED, that, u� Works Technical Services, V described, as follows and on right-of-way: CouncilFile# Q(o -/bp� Green Sheet # 30;34;; the petition of JAS Apartrnents, Inc., as docutnented in Public a� ion File Number 21-2006, the public property hereinafter ied map Eghibit A, is hereby vacated of its interest as street Vacate that part of the northeaste 0.20 feet of Sibley St. lying northwesterly of a line 11.50 et northwesterly of and parallei with the southwesterly exten n of the southeasterly line of Block 28, St. Paul Proper and ly southeasterly of a line 46.00 feet northwesterly of and paral with the southwesterly extension of the southeasterl ine of said Block 28, and Vacate that part of the southwesterly 0.20 feet o Wacouta St. lying northwesterly of a line 11.50 feet northweste of and parallel with the northeasterly extension of the south sterly line of Block 28, St. Paul Proper and lying southeaster of a line 161.59 feet northwesterly of and parallel with the northeasterly extension of the southeasterly line of said Bl k 28, and be it further; RESOLVED, that, subject to the herein stated exceptions and with the a omp< Easement Certificates of Intended Non-Use, filed voluntarily on behalf of: wi corporation; Market Street Energy Co. for District Energ,y Saint Paul, a' company; made a part hereof by this reference and filed in the office of the C Paul, the City, for itself and on behalf of these corporations and departments, w< the street right-of-way and utility easements in the azea to be vacated, described subject to the following, including: This vacation sha11 be subject to the terms and condition of Chapter 130, codified of the Saint Paul Legislative Code as amended, and to the following condirions: ying Utility t, a Colorado ted liability Clerk of Saint � es the right to ve and 1981, That the pefitioners, their successors and assigns shall pay $1200.00 as an administr� fee far this vacation which is due and payable within 60 days of the effective date of resolution. o� -i�� 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 That MCI Network Services, Inc. shall retain an easement abutting the vacated azeas within Sibley and Wacouta Streets for itself, its successors and assigns, for the purpose of aintainiug, repairing and replacing e�sting telephone and/or cable lines for so long as I maintaius such lines in the vacated azea Except for the e�sting structure, no bui ings, structures, trees or any temporary structures, material storage, fixture or any other bjects which may prohibit normal access to facilities for maintenance purposes will be oe ' ed with the easement area 3. That North States Power Company, dba Xcel Energy - Electric ("Xcel") shall retain an easement abu ' g the vacated azea within Sibley Street for itself, its successors and assigns, for the urpose of maintanung, repairing and replacing existing electrical lines and facilities for long as Xcel maintains such lines in the vacated azea. Except for the existing structure, buildings, structures, trees or any temporary structures, material storage, fixture or an other objects which may prohibit normal access to facilides for maintenance purposes 'll be permitted with the easement area. 4. Disirict Energy, Saint Paul, c. sha11 retain easements and rights abutting the vacated right-of-way area. Should an tility relocation be required, cost reimbursement is agreed to by the petitioner, its successo and/or assigns for any required utility relocation or special provisions and subject to th ollowing conditions: a. District Energy St. Paul, Inc. has d shall be permitted to maintain direct buried heating facilities within the azea de ed for street vacation. b. A utility easement, subsurface, surface overhead witlun the entire defined azea shall be retained in the right-of-way far th benefit of District Energy St. Paul. Inc to maintain, inspect, repair, construct or reco truct the existing heating utility or any new facilities related to the heating and coo ' g piping and/or heating and cooling equipment or any part thereof and to enter on said easement or any portion at any time and from time to time. c. If a utility relocation or special provisions aze required existing heating utility or any new facilities, it shall only be completed by Distric nergy St. Paul, Inc., its agents and its designated contractors. Full and complete st reimbursement is required for any required relocation or special provisions of th iping in the area or adjacent to the street vacation. d. The direct buried heating facilities and future cooling facilities wit the street vacation area and the azea defined for utility easement purposes will used to serve the various buildings. District Energy St. Paul, Inc. and District ling St. Paul, Inc. shall be permitted to instali the necessary heating and cooling ilities within the subsurface azea within the street vacation azea. e. In extending any new heating and cooling facilities, consideration and � coardination will be granted to District Energy St. Paul, Inc. for routing these facilities in the right-of-way azea abutting the area defined for street vacation_ 5. That this vacation shall be for the life of the existing improvements within the encroachment (a11 of which aze hereinafter referred to as the "Improvements") and/or the repair or reconstruction of the foregoing Improvements. At such time as the Improvements no longer encroach upon the vacated property, the vacated property shall revert back to the City as public right-of-way. �b - �oo� ss 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 6. That the petirioner, their successors and assigns agree to indemnify, defend and save harmless the City of Saint Paul, its officers and employees from all suits, actions or claims of any character brought as a result of injuries or daznages received or sustained by any person, persons or property on account of this vacarion, or the petifioners' use of this properry, including but not limited to, a claun brought because of any act of omission, neglect, or misconduct of said petitioners or because of any claims or liability arising from any violation of any law or regulation made in accordauce with the law, whether by the pefitioners or any of their agents or employees. 7. That the petitioners, their successors and assigns sha11, withiu 60 days of the effective date of this resolution, file with Public Works, City Real Estate, an acceptance in writing of the conditions of this resolution and sha11, within the period specified in the terms and conditions of this resolution, comply in all respects with these terms and conditions. Yeas Na s Absent Benana� Bostrom Hazris Helgen Lantry Montgomery Thune Adopted by Council: Date Adoprion Certified by Council Secretary By: Approved by Mayor: Date By: Requested by Department of: Public W cs By: I . � .,, • -� . .�'}. � � ��' , i. I�„�� / � � _ � I � � � �� . �-. ., � • � � . �� • •- � �/�. � i� 118