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06-1096Return copy to: (jao) Public Works Tech. Services 1000 City Hall Annex RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By ReFerred To � Committee: Date � BE IT RESOLVED, that, upon the perition of the Joseph Vance, as documented, in the Department of Public Works, Technical Services Division, as Vacation File #37-2004, the public property hereinafter desczibed is hereby vacated and discontinued as public property, subject to the herein stated exceptions. 6 The aropertv to be vacated is as follows : Como Place from Como Avenue, as 7 improved, south to a line 40 feet north of and parallel to the southerly line 8 of Lot 16, Lake Como Villas, extended southwesterly. Reference: EXHIBTT `°A" 9 10 BE IT FURTHER RESOLVEA, that, subject to the herein stated exceptions and with the 11 accompanying Utility Easement Certificates of Intended Non-Use, filed voluntarily on behalf 12 of, Qwest Corporation, Northern States Power Company d.b.a. Xcel Energy (Electric 13 only),Comcast, Market Street Energy Company for District Energy of SL Paul and the 14 City of SL Paul Aepartment of Public Works, made a part hereof by this reference and 15 filed in the office of the City Clerk of St. Paul, the City, for itself and on behalf of these 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 corporations and departments, waives the right to the utility easements in the vacated area described above and as referenced in said EXHIBIT "A". 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 petitioner's, their successors and assigns shall pay $600 as an administrative fee for this vacation which is due and payable within 60 days of the effective date of this resolution. 2. That an easement shali be retained by the St. Paul Regional Water Services (SPRWS) for an existing water main in the area, the conditions outlined in the Standard Easement Provisions for the SPRWS, dated February 8, 2002, shall be applied to said easement. 3. That a permanent utility easement shall be retained within the vacated area north of the current Burlington NorthernlSanta Fe (BNS� Railroad Property, to protect the interest of Xcel Energy Gas Distribution. If needed, Xcel Energy Gas Distribution wiil release its easement rights in the subject vacated uea only when all existing gas distribution faciliues currently located within the described easement area have been properly removed and relocated, the cost of which is paid for by the Petitioner, its successors or assigns. Council File # �� /D 9( Green Sheet # 3034644 D� �o�� a 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. The City of St. Paul, Department of Public Works (Public Works) releases its easement rights in the vacated area subject to the future redevelopment of Petitioner's property at Lots 6, 7, 8 and 9, Block 3, Como Addition. That any removal, relocation or reconstruction of lighting, signage or any other public improvements in the right-of-way being vacated will be compieted by Public Works at the expense of the petitioner, its successors or assigns. The petitioner, its successors or assigns are responsible for the reconstruction of the vacated street and the relocation of any public utilities, under the proper pernuts, to the satisfaction of the said Public Works_ 5. A pedestrian easement will be provided by the BNSF Railroad and accepted by the City of St. Paul to connect Como Place to Como Avenue. 6. That the petitioners, 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 damages received or sustained by any person, persons or property on account of this vacation or petitioners use of this property, including but not limited to, a claim brought because of any act of omission, neglect, or misconduct of said petitioners or because of any c]aims or liability arising from any violation of any law or regulation 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 the City Clerk an acceptance in writing of the conditions of this resolution and shall, within the period(s) specified in the terms and conditions of this resolution, comply in all respects with these terms and conditions. Hazris Yeas �� Nays �� Absent � I I�I Requested by Department of: ✓ � Public Works �_— � �-- � r ' � — � ✓ Adopted by Council: Adoption Certified by :.ouncil Secretary By; ' Approv d y yo•: Date y- /° o By: Form Ap,�roved by By: �_ for Directar Council � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � � � � � � O� �09� DepartrnenUofieekouncil: Date Initiated: i Pw -�b�;�Wo� ,�,�.� ; Green Sheet NO: 3034644 Contact Person 8 Phone= JUAN ORT1Z � 266-8864 Must 6e on Council Aaenda 6 Doc.Type: RESOLUTiON E-DocumentRequired: Y DocumentConpct JUANOF2TIZ .11 Contact Phone: 26G8864 � Tofal#ofSignaturePages (ClipAllLOeationsforSignature) o T�n�� wo� �5�/� ��r� i000 cHa i v—! r�v 1 `GStvAtM �evrn CitvAttomev �� 1 � � 2 PublicWodcs�� 11 7i PablicWorksDirecWr P.� ��'.?, , 3 Ma o's Oifice I Ma o/Assistant I 4 i i ouna7 5 C'tv Qerk (Sm ('I �ic 6 blic Works eat te 1 CHA Hcuon �cequeacea: • Consider the Petirion of Joseph Vance to vacate Como Place from Como Avenue, south, to the southerly portion of the BNSF Railroad property. Plannilg Commission 1. Has this persoNfirtn e�er worked under a contract for this departmeM? CIB Committee Yes No CiHI Senice Commission 2. Has this persoNfirtn e�er been a city employee? Yes No 3. Does this persoNTirtn possess a skill rwt nortnalty possessed by any curreM city employee? Yes No Facplain all yes answers on separete sheetand attach W green sheet InitlaHng Problem, lssues, Opportunity (Who, What, When, Where, Why): The peptioner wishes to redevelop his proper[y [o the northwest of the subject azea and Public Works, working with BNSF RR, has closed the crossing at Como Place. Advanppes HApproved: The street and RR crossing will be pmperly removed and closed. Disadvantages If Approved: None foreseen. [�'OV 2 � 2006 ��i�'� ��ICE Disadvantages N Nof Approved: A Public street wi(1 remain over the closed crossing. Trensaction: FundinA Source: Financial Information: (Explain) y Assign Number For Routing Order Cosf/Revenue Budgeted: �p� �_ ? 2006 `: ,,- �� - ,�,,,�N��,e�: GL- �ss-i�3��-a�� This is an adminstrative fee for processing the vacation. November 16, 2006 4:30 PM Page 1 OG �09� Interdepartmental Memorandum CITY OF SAlNT PAUL To: All Council Members From: Bruce Engelbrekt (c/o Juan Ortiz) Public Works Technical Services Real Estate 1000 City Hall Annex Date: November 15, 2006 RE: Public Works Vacation �le No. 37-2004 (Vacation of Street Right-of-Way) I recommend a public hearing before the City Council be held on December 6 2006 to consider the petition of the Joseph Vance. This petition is to vacate a portion of Como Place from Como Avenue, south to the southerly property line of the BNSF Railroad properiy. The purpose of this vacation is far the future redevelopment of the petitioner's property and safer pedestrian traffic around the above-mentioned railroad property. This property is located in City Council District 5, Planning District 6. (200437hr.date) ■ Oct.31. 2006 11:51AM Xcel Ener�y Rice St. 3rd Fl ��_�� No.4572 P. 1 To: JUBll �l'tIZ Fmm: b4N�c� (.JOe.�i"�4 Reply to Vacation Inquiry CityofSt.Paul Flle #37-2004 Public Works Tecivticat Srvcs Xei.l �.wr�q — 6a5 �non�a 266-5850 Ph�ce��si_aa9-aa�1 s�x 266-8855 F�� bs!- ya9 -a3'7b We have no objections to this vacation � VJe will anprove this vacafion. subiect to the followin2 conditions: � For the following ieasons. we cannot avvrove ttris vacation: Tf,T�SFORMISTDYACATESTREETRIGHTOFWAYONLY: (REVISEDINQURY) Vacate Como Place from Como Avenue, south to a line 25 feet north of aztd parallel to the southerly line of Lot 16, Laka Como Villas, extended southwestexly. See attached map. Xce1 C�as w�ll 4PProve.. �l.e� vqca��c•�• �eq��est� 1��-� w ; l\ ne-}- d' �'e �ea s � �u_: e.aSG�a.�,ar �+q��5 v� �e SS �r� �e.�+ � �r �J (� 4qP82S �o I��r�Ou('SQ /�Ge.` 1-or 0.<< COS^�5 R�g`n�,7q,� wi�'� re-�eca-4�nc� ou,� �at:��'��e.S �o q �ew loca,�-+��vt q.�� }o Serve- ovr'� o��q Co,/�o Ave1+�+?. . J � Xc.e.1 Encr9�—�as 6as a a.�P�asi,a boPs? �os �Q„n -��+w�l- rvns t�re,,,I� }� �rePnSe� CoMe �1Gtt� areA o� VAC0.�iol� ^Eo SEI'v� ro+ o,�� .�-N� Vanoa pt'o�e.r�+0s du-{- a�so r�a�y ho�-.e s��,� wtsf a�nq Co,r�o �oe n.�2. � J /o-3t-o� Date �Ax� �_r�,,; < l0..3� _ 0 6 �� p-3t-p4 o� 1�� a�-/�� Reply to Vacation Inquiry File #37-2004 We have no obiections to this vacation ro: Juan Ortiz From: City of St. Paul Public Works Technical Srvcs Phone# 266-8850 Phone# F�# 266-88551F�" We will apUrove this vacation, subject to the followin� conditions: For the followin� reasons, we cannot aUprove this vacation: THIS FORMIS TO YACATE STREET ffiGHT OF WAY ONLY: Vacate Como Place from Como Avenue, south to a line 25 feet north of and parallel to the southerly line of Lot 16, Lake Como Villas, extended southwesterly. See attached map. Provided the existing homes on the west side of Como Place north of the tracks are going to be removed for the new development. A pedestrian access easement shall be provided to connect Como Place to Como Ave. The bent straw light located along the south side of Como Place will be need to be removed. The Contractor shall contact John McNamara, General Foreman, Lighting - Signal Maintenance, (651-487-7209), for removal or relocation of existing faciliries required or in the event of damage to the lighting or signal ufilities. The Contractor sha11 assume responsibility (and related costs) for any damage or relocations The petitioner shall be responsible far 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, Deparknent of Public Works. Said reconstruction 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. f�'�-�[�� Signed .�. ��i / Colleen Paavola City of St. Paul Public Works 266-6104 ❑ � ❑ O� 1d9� CERTIFICATE OF tNTENDED NON-USE TI� HONORABLE MAYOR AND MEMBERS OF TI� COUNCIL OF TI� CITY OF SAINT PAUL In the Matter of : Vacation File # 37-2004 The undersigned hereby certifies, on behalf of the indicated department ar company, that it does not intend to exercise its utility rights in the realty described below: Vacate Como Place from Como Avenue, south to a line 25 feet north of and parallel to the southerly line of Lot 16, Lake Como Villas, extended southwesterly. See attached map. egcept as here noted: STATE OF MINNESOTA COUNIY OF � J ss Co�rzm�' 6ep;�r�ien; G�rY a� S��r �M�-/�u.�� wogrs Its: f}SSOU.4T� Gi7'Y EN4 /�JE�— (� � Signature The foregoing instnunent was aclmowledged before me this �� day of 20 G� by LAR.KY I/. L�I.Ei r7 .the QSSOG/AT£. CiTV F..Id§tA7E.t/L-- of r.f�( OI� SAtN'f'1�IkNl. �URLIG W�@RC�a /V�UN/GPfI'L/7� underthe ZO�a�7Aµcf'pjilVwul�MN+s � - �naR�vs n. �isyea � NOTARY PUgLVG•MINNESOTA Yr tamr+uuon E+Dm+:m. fl. 20t� • � Notary Public ��Z2%4.SY � �//Ll �-'' My commission expires // `� < <D ONCE SIGNED RETURN TFIIS ORIGINAL COPY TO 1000 CITY HALL ANNEX ST PAUL 55102 ;� �' r , ;' i / i 266-8854 � phone # Reply to Vacation lnquiry File # 37-2004 Phone�k Fax # We ha�e no objections to this vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � We will approve this vacation, subject to the following conditions (see be16w): .........� For the following reasons, we cannot approve this vacafion : . . . . . . . . . . . . . . . . . . . . . . . . . � The standard Board of Water Commissioners easement, whose conditions are descrihed in the attached Pebruary 8, 2002 Standard Easement Pravisions, shall be retained over all por[ions of the vacated area. , o� �Dy� I # of Pages 1 From: Bill Tschida City of sc Paui I S� paul Reg'1 Water Real Estare Division 400 Commerce Bldg �a_�. _� � _ ,_ _ _ _, � - , To: Juan Ortiz Fae �` ,,, � �� ✓ry f. . .Sy • rV . CJI - _ y " n ' Y ' G� !`�l "� G ) r� c;r � O - ate Olo /� 9/0 � Standard Easement Provisions Board of Water Cammissioners Revision date: February 8, 2002 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 Boazd to maintain and operate any water faciliry 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 requirements: a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any other ob}ects 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 pernussion from Saint Paul Regional Water Services with the understanding that the restoration and costs of such unprovements 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 or improvements be removed or damaged as a result of Saint Paul Regional Water Services 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 Saint Paul Regional Water Services. e. No change in surFacing within the easement area shall be pernvtted without written permission from Saint Paul Regional Water Services. f. The petitioner, its successors and assigns shali fully indemnify, defend, and save harniless the Board of Water Comrnissioners of the City of Saint Paul, its officers, agents, employees, and servants from all suits, actions or claims which shalJ 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, business invitees. V \ENGINEERING\AGREEMENi5 UNIT\VACAitON PEfITIONS\�PNDARD (3ESPONSES\EASEMENTPROVISIONS 02-08-02.DOC DUi /D ylo Re: Vacation File # 37-2004 Como Place south of Como Avenue Memorandum Engineering Division 8 4m St. East Suite 400 St. Paul, MN 55101 April 13, 2005 Saint Paul Regional Water Services cannot approve the release of all easements as requested by the Dept. of Public Works Real Estate Division. Water main exists in the area of subject and easements need to be retained. David Manvffo Engineering Technician � :� �, �� ;.n � �'� . Q ✓; ` :� ca G:�NIEMO SAMPLE.DOC Ol�-I6�� Reply to Vacation Inquiry File #37-2004 We have no objections to this vacation. To: Juan Ortiz I From: Jody Martinez City of St. Paul PAftKS Public Works Technical Srvcs Phone � 266-8850 Phone #266-6424 F�u 266-8855 F�# We will approve this vacation, subject to the followin� conditions: For the followine reasons, we cannot approve this vacation: THIS FOKM IS TO VACATE STREET RIGHT OF WAY ONLY : Vacate Como Place from Como Avenue, south to a line 25 feet north of and parallel to the southerly line of I.ot 16, Lake Como Villas, extended southwesterly. See attached map. Jody Martinez 11/8/06 X❑ ❑ I� Signed Date : � 07J14/2006 13:46 6123306590 Tn: Reply to Vacation Inquiry File #37-2004 XCEL ENERGY JllAII 01'tlZ, From� PAGE 01 OL� City of St Paul �,� �� D G � Technical Srvcs /� Phonek 26�-$$50 �fi��bl .330 ,�¢ p�� 2ss-ssss F��6�•5 .34a3� We have no obiections to t�is vacation � We will annrove this vacation. subiect to the followins conditions: � For the followine reasons. we cannot annzove tivs vacation: � T.fIIS FORMIS TO VAC,ITE ST.R.L•'ET �?IGHT OF WAI'Or LX : Vacate Como Pla.ce frozn Como Avcnue, soudi to a line 25 feet nozth oi attd paralle) ta the soufhezZy lin,e of Lot l6, Lake Como Villas, extended southwestexly. Se ; Attacbed map. / . 1 ./ . /�'%j'/ /f. . / J -� �Z� -�� Date CERTIFICATE OF INTENDED NON-USE ��_� THE HONORABLE MAYOR AND MEMBERS OF TI� COLJNCIL OF THE In the Matter of : CITY OF SI�INT PAUL Vacation File # 37-2004 � - Tfie utideisi�edliereby cerdfies, on behalf of the �ndicafed departinent or company, that it does not intend to exercise its utilify rights in the realty described below: Vacafe Como Place from Como Avenue, south to a line 25 feet north of and parallel to the southerly line of Lot 16, Lake Como Villas, eatended southwesterly. See attached map. egcept as here noted: �l�l}�ll�(Ca Na��iv'� �W�,2. � MR9�vy �c.. M�NNF�r.9 Ca��Ar�on� ¢ E Conspz:y 1 Depams5cnt ��'� FId�R�� . � � �. � ��.O,o� �� srnTaoa�asora � Signature /�r� _ � �_O Q� � f couNrYOF }�E / �SS The foregoing instrume¢t was xclmowledged before me Uils � day of ��7 . 20 Qb . bY i�-F{%�1��/{.� A7 • ��l7�(�U�� ht ��}R�/� ��6�� I of nr nP, rH�Qnf �� R �zza�P�� , ��R� r�a�l under the laws of the Sffite of Minnesota� ��j�� X �, �,/�jL'i.� � BONNIE JEAN RNDE�RSpN Notary PubYt�� My commission eapires ��J 1 C� YR�RJESOTA � MlyQadnieslon Et�kes 1R11kC0� _ ONCE SIGNED- RETURN 7CT3IS ORIGINAL COPY TO 1000 CITY FIAI.L ANNEX ST PAUL 55102 _. _ ' Juan Re: Street Vacation_File #37-2004 , . „ . _ _ � __ _ _ � , Page 1 - �� -��y� From: Tom Beach To: Ortiz, Juan Date: 4/17l05 9:44:34 AM Subject: Re: Street Vacation File #37-2004 I understand that the raiiroad crossing is scheduled to be ciosed. It this is the case, the street oniy serves 3 houses. However, the street is the only frontage for two of those houses. So any vacation of the street should be conditioned on those houses being removed befor the vacation goes into effect. If this issue is taken care of, LIEP does not have any other objections to the street being vacated. Joe Vance has shown me some plans for developing this property. Vance has not submitted these plans to the City for review and there are still a number of issues that would need to be worked out. So approval ofi the vacation does not imply approval for his plans. Tom Beach LIEP 350 Saint Peter Street #300 Saint Paul, MN 55102 651-266-9086 (phone) 651-266-9099 (fax) tom.beach@ci.stpaul.mn.us (email) »> Juan Ortiz 4I12/2005 4:18:42 PM »> Here a street vacation petitioned by a property owner out on Como Place (see attached info) . You may reply with an e-mail or fax/mail your response with the regular reply form attached to the letter. Questions, please e-mail or call me at 6-8864. Thanks! , Paul Dubrwel � 200437 Inq doc � � � �� Page 2 ` __., _ �.M.__ .��.� e _ .. � _._�u.. _.�__. ��/.,�%hG/., � � 1) Reply to Vacation Inquiry File #37-2004 To: Juan Ortiz City of St. Pau] Public Works Technical Phonem Z6C)-ScgSO IPbone'. FaxR 266-8855 FaxH We have no obiections to this vacation We will approve this vacation, subject to the following conditions: For the following reasons, we cannot approve this vacation: THIS FORM IS TO YACATE STREET RIGHT OF WAY ONLY : Avenue, south to the BNSF Railroad Tracks. r- C Vacate Como Place from Como Uf a � � .. a�-�ay� . �� 1�,,,�� , -1 Y �z�z3�z.�uS�' 2C. ?f�� 23 � 2, d o � 3.. -- . �:� 2� �3 ( 2,.cod S�. Interdepartmen#aI Memorant3um CITY OF SAINT PAUL �_ DATE: 3 �?'�� i0 �ra: i� f�aaw i��ra�ew,� _ (DISTRICT PLAAINER) �Z�'�o�f � RE: Vacation Request No. 3?"�f/�/� � � The attached vacation request was received by the Pluuung D' isi on �ease review and return eo�unents or recommendations to me b so �,'�at may prepaze the Divisions recommendations. ��p ZONING SECTION: Is this vacation proposai also fied to a rezoning or �•ariance request? YES NO If yes, explain belo�v: STAFF COMMENTS OR RECOMMENDATIQNS: � � �� cv"�E 7i�t7� �alG'� 0Y` � 1 / � .d 3....9+3wg.-� •Y'eS wl,f' �'1 q (` e'�vw� GiMYf'rivC. 7 wv �� V A.GC��L u� rQ6, Sn�S� . 11 ( � � / , � r 1 Sf ti.c.S ��"' •. iti0.t` 'f� �. Planners are to return the reviewed vacation request to Allan (Zaning �fa�ager). Donna, Penny, and Lucy, Real Estate has changed their form to not request a specific date far return af the information irom PED. i � That is why I have not filled in that line on the cover sheet I attach to the vacation request that gets circulated to you. P(ease continue to turn these around asao as vou have in the oast. Page 1 of 1 6��l09� Ailan Torstenson - ROW Vacation File # 37-204, 7oseph Vance, north portion of Como Place From: Ailan Torstenson To: Dubruiel, Paul Date: 4/21/2006 1D:19 AM Subject: ROW Vacation File # 37-Z04, Joseph Vance, north portion of Como Place Our written comment on the proposed vacation of the �ortherly portion of Como Place should be as foflows: There are 3 existing houses with frontage on the portion of Como Place proposed to be vacated. The lots for 2 of the homes have frontage only on the portion of Como Place proposed to be vacated. The zoning code requires that all lots have frontage on a street. We would approve this vacation request subject to the condition that: 1) Two of the three existing houses on lots fronting on the portion of Como Piace to be vacated are removed from the property, and the 3 lots are combined into a single parcei with it's required street frontage on Como Avenue; OR 2) A variance of Sec. 66.241 is granted to aliow the 3 existing homes to be on the same zoning lot, and the 3 lots are combined into a singte parcel with iYs required street frontage on Como Avenue); OR 3) A variance is granted to allow lots without street frontage. file://C:�Documents and Settings\Torstens\Loca1 Settings\Temp\GW}00OO1.HTM 4/21/2006 D� - /D9� Repiy to Vacation Inquiry File #37-2004 We ha�e no obiecuons to this vacation To: Juan Ortiz I F `°'° Scott Ruppert Ciry of St Paul Comcast Public Works Technical Srvcs 3050 Echo Lake Ave Mahtomedi, MN 55115 Phone # 266-8850 � �one # 651�493-5127 Faek 266-8855 Faa#651-493-5116 We will approve this vacation, subiect to the followinQ conditions: For the followin� reasons, we cannot aprorove this vacation: THIS FORMIS TO YACATE STREET RIGHT OF WAY ONLY: Vacate Como Place from Como Avenue, south to a line ZS feet north of and pazallel to the southerly line of Lot 16, Lake Como Villas, extended southwesterly. See attached map. 6/29/06 e �, �, Signed Date . . „ 61�-�09� CERTIFlCATE OF INTENDED NON-USE THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE Tn the Matter of : CITY OF St�INT PAUL Vacation File # 37-2004 The undersigned hereby certifies, on behalf ofthe indicated department or company, that it does not intend to exercise its utility rights in the realty described helow: Vacate Como Place from Como Avenue, south to a line 25 feet north of and parallel to the southeriy line of Lot 16, Lake Como Villas, extended southwesterly. See attached map. escept as here noted: Comcast SC07TCHARLESRUPPERT M1fotary 6'ublic Minnesota My Commissia� �$ Jen�ry 31, 2068 STATE OF MINNESOTA COUNTY OF Chisa�o � SS Its: Manager of Construction The foregomg instrumentwas acimow7edged before me this 29` ° day of 7une . 21t06 bY of nnder the laws of the State of Mimesota . Notaty Pubtic i My wmmission expires ONCE SIGNED- PLEASE RE'T[JRN THIS ORIGINAL COPY TO 1000 CITY HALL ANNEX ST PAUL a�-�ay� Reply ta Vacation inquiry File #37-2004 To: ,Jll3I1 �T(IZ From 1� City of St. Paui u��a We have no obiections to this vacation. ��e# Fax # 266-8850 Phone# ��, 266-8855 F�� We will apvmve this vacation, subiect ta the followin� conditions: For the followin� reasons, we cannot apUrove this vacation: THIS FORM IS TO vACATE STREET RIGHT OF WAY ONLY : Vacate Como Place from Como Avenue, south to a line 25 feet north of and paraliel to the southerly line of Lot 16, Lake Como Villas, extended southwesterly. See attached map. Signed �2/-C�� Date I�1 � CERTIFICATE OF INTENDED NON-USE a��ay � TF� HONORABLE MAYOR AND MEMBERS OF TI� COUNCII, OF THE In the Matter of : CTI'Y OF SAINT PAUL Vacation File # 37-2004 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: Vacate Como Place from Como Avenue, south to a Iine ZS feet north of and paraliel to the southerly line of Lot 16, Lake Como ViIlas, extended southwesterly. See attached map. except as here noted: Y .�9t.}Jitt i . i3: \ 3.1::'tx;t°'if /'� /� I ��r L[��S i f._.L� Pb�Yi �LJf�J � Its: �`J(G/.� �f.�Gltit.c�' STATHOFMINNESOTA S1gY12tl1Te � COUNT.YOF ��tSFIIl.� J $7 T6e foregoing inshumeut was aclmowledged before me ihis �� day of �- ti- 20� b I�M �2FFrJK�CJF',Zl the�GSiGti �i�Cin�`�� of QLc)GSi CL:2Pa2r'Fi�G� a �GLOICR,DO cGer`�G/�'r� �nder the laws of the State of Minnesota. . � Notary Public � �� LINDAA. JUELlCH �� ' � NolaryPublic-Minnesota Mycommissionexp'ues �ff+��V �� Ei1Ll My Commission Ezpires Jan 3f, 2010 ONCE SIGNED- RETURN THIS ORIGINAL COPY TO 1000 CITY HALL ANNEX ST PAUL SSi02 w �( -/D �� To: Juan Ortiz rrom: D�VE URKE Replyto Vacation Inquiry CiryofSt.Paul DISTRICT ENERGY ST AUL File #37 -20�4 Public Works Technical Srvcs RAUL Phone� 266-8850 Phone� (651)297-8455 Faxm 266-$$55 Fax" (651)298-0843 We have no obiections to this vacation � We wili approve this vacarion, subiect to the followin� conditions: ❑ For the follcwin� :easoas, we c�-tnot acprove thi� vacation: ❑ THIS FORM IS TO VACfITE STREET RIGHT OF WftY ONLY: 1) Vacate Como Place from Como Avenue, south to the BNSF Railroad Tracks. DISTRICT ENERGY ST. PAUL, INC., AND DISTRICT COOLING ST. PAUL.,IH�., HAVE NO EQUIPMENT IN THE AREA TO BE VACATED AND HAVE NO OBJE�TION TO THE VACATION. � ` ��/� t > �� ` �� 7 Z�D6' Si�ed Date . o�-�a�r� CERTIFICATE 4F INTENDED NON-USE THE HONORABLE MAYOR AND MEMBERS OF THE COUNCII, OF THE CPI'Y OF SAINT PAUL In the Matter of : Vacarion File # 37-200A The undersigned hereby certifies, on behalf of the indicated department or company, that it does not intend to exercise its utility rights in the realry described below: 1} Como Place from Como Avenue, south, to the BNSF Raiiroad Tracks. except as here noted: � , i �"� i � � . ,r , �.,s � � < : ` � <�. � <s�, ; � � _ . ,... . STATE OF M1iVNESOTA COUNTYOF 1�A�� C s�' J � ._.�:,� � � : ,�� h-eu�" ��'1 �. � ., n - r ��s ��t� P�s��.�..--��-� The foregoing msirument was acknowledged before me thu �day of _L.C-j�JL(�, , Z0� �) U � _c � p /� by�i� }, A4"�Q �/..(nIKJJ.� .the V�'L.ZE `��.((:(.�[i4M1.Y (/��ilq�yvy o,�� s�,� �,.� � � a �, � � �� under the]aws of [he State of Minnesota.. Notary Public .�Y..+w�-'�l � /tiTT n�-CJ`-� My commiss�on exp'ves ��t! �� o� �� ONCE 5IGNED RETITRN TffiS ORIGINAL COPY TO 1000 CPI'Y HAI.L ANNEX ST PAUL 55102 H4/14/2@05 08:46 6512286241 Repfy to Vacation Inquiry File #37-2004 FIRE PREVENTIDN ro Juan �rt�l � PAGE 01 D��l��c� tt of� i From. t�� L of St. Paul rnonc z 266-885� P^o"e" F� A 266-8855 �� We l�ave no objections to this vaciion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � We will approve this vacation, subject to the following conditions : . . . . . . . . . . . . . . . . . . . . � For the fo�lowing reasons, we cannot approva this vacation : . . . . . . . . . . . . . . . . . . . . . . . . . Q Yacate Coma Place from Como Avenue to the BNSF Railroad Tiacks �� (� � �Z-�l"�' V �(�� .�, ��,� ��/,-- Signed Date Ol��lo�� t! ofl Paees 1 Reply to Vacation Inquiry File #37-2004 To: Juan I F=°� . Ortiz t�' Lc. r c c. City of St. Paul Real Estate Division pboaz;: 266-8850 Ph°ne F�r 266-8855 F �� 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 : . . . . . . . . . . . . . . . . . . . . . . . . Q Yacate Como Plaee from Como Avenue to the BNSF Railroad Tracks -�C- �a.� CITIZEN SERVICE OFFICE Donald J. Luna, City Clerk CITY OF SAINT PAUL Randy Kelly , Mayor 110 Ciry Hal1 IS W. Ke1[ogg Boutevard SazntPaul, Minnesota 55102 October 26, 2004 Peter White Valuation Engineer Real Estate Division 140 City Hall Dear Peter: � �` �� a�-�a�� Tel.: 65I-266-8989 F¢z: 657-266-8689 �'; �„✓k� ��,✓kc, �.�„`lTc� �rQG�r`� S�.Q j�w ,�;,.,,,�_ �.� c,� �.,,.�-. I refer to you to check as to form and sufficiency and for recommendation, the attached petition of Joseph Vance for the vacation of that part of Como Place according to the recarded plat thereof on file and of record in the Office of the Saint Paul City Clerk. Sincerely, «� ��2 Shari Moore Deputy City Clerk Attachments AA-ADA-EEO Employer QUALITY ABSTRACT,INC. 7582 Currell Boulevazd, Suite ll 1 Woodbury, Minnesota 55125 Phone (651) 739-8597 Fas (651) 739-8492 October 18, 2004 Joseph E.Vance i 311 Roselawn Avenue Roseviile, MN 55113 To whom it may concern: D�t -l0�(� Quality Abstract, Inc. does hereby certify that a search of the Ramsey County, Minnesota tax records discloses that as of October 12, 2004, the owners of the properties abutting the public right-of-way described as: Como Place from Burlington Northern/Santa Fe (BNSF) railroad North to Como Avenue/Como Blvd. W. This section of Como Place serves 1109, 1111 and 1113 Como Place, Como Addition to St. Paul, Lots 6,7,8,9. are as follows: Legal Description Lots 6& 7, Biock 3, Como Addition Lot 8, Block 3, Como Addition Lot 9, Block 3, Como Addition Property Is: Abstract Abstract Torrens Cert# 304031 Fee Owner Joseph Vance Joseph E. Vance Joseph E.Vance 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. Quaiity �,bstraci, inc. assumes no iiabili'ry for errors or omissions. Sincerely, � �(�i.-- Sandra L. Johnson Licensed Abstracter A FULL SERVICE ABSTRACT COMPANY D�-l6 tl� LARRY H. LUETH Aexarant Cin' En¢umer CITY OF SAINT PAUL DEP.IRTYIFST OF PCBLIC W'ORRS YQO C�re H<dLiru�n _'S VGrv Fuunh Svrrt lrl n�l-_'bGfiU,t_: 5<unrPuu[ ,LLV i./0'-/GGO F<n oi/-'9'-nt/c e-nmJ Lu-n lurtGm � r�ipmd mn u� Ni �p„n.n r k n �� . t Lieun Lu J�n��i • Frnpl,n,r l'ndr �� o� �o�� PETITION TO VACATE CITY INTEREST I(we), ehe undersiened, consfl[uane a majori[y of the owners (or their le�ally dzsiena�ed rzpreszncaaces) of rhz abu[[ine properues. �_ hereby pen¢on the Council of the City of Saint Paul to vacate its interescs in the property(ies) legally dzscribed as follows: Vacate street of Como Place from Burlington Northern/Santa Fe (BNSF) railroad north to Como Avenue(Como BLV� W. This section of Como Place serves 1109, 1111 and 1113 Como Place, Como Addition to St. Paul lots 6,7,8,9. I(�ce) request [his cacation for the followine reason(s). (Indicate whether }'ou �ci1L be buildine on [he site.) With the planned closure of the BNSF railroad crossing at Como Place scheduled for next year, the city has plans for street, lighting and sidewalk improvements. Owner of aforementioned properties is developing plans for a higher density facility at said location, which if approved, would obviate need for street and thus improvements. I(�ee) han attaclied six cop�es ui the ,ite plans oi any decelopmene intended iar cons[ruc[ion on [he I,�nd, [o he vaca[ed. Cuntact Person Person(s) responsib(e for payment of vacation fee and for acceptance of the terms and conditions of thc �•acation: N,imc' - /O SG� `1 /i. !� �hC � Name: ��,�,�,�: ��i � y� -�i �� P�,�,�,�. �1tli�f�»: ��/ i�lOSGl�ct�v7 �J�' _ rliltl�� F ��;��r�-� , d�� s�i� Altcrnatc ('ontact Pcrson N.unr: Ph��nr: �\il�lrc�� ,mir Phnnc. r1ilJri�� \.Ifiii ��1��I1C .-�i:.�(� .. �.:': f�:. ' , �� . :'. ��-lb�t� of Property(ies) Described Below: �s��l 1�� /'/at � —�� /�dd i f� J✓i -fb S i, � �/ �/��t/� 3 i.o�s � r- 7 /!l( Crn�� iaa� L'c� � A dd i f:;.-� 5; ...2 v/ %oLl� 3 L.ol' /t! 3 4'�r� /�l a� � �� G�-s1�`�-�� 5i P.� •! Bloc,��s� �o{- � am the petiaoner, or one of the petitioners in the above matter; and I do hereby swear and verify Ihat each of the signatures on this peation was signed in my presence by the person described in the petition. ��S�,oti r. 1/a.��,� Subscribed and sworn to before me this 22 Y1d dayof O��:nbe.� .ZOO�q y � IRENEVOI�Hf rmru+r�.e�c M�' COMMISSION IXPII JANUARY31,2005 expires �' � 1 -C� �