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06-332Return copy to: (jao) Public Works Tech. Services 1000 City Hall Annex RESOLUTION SAINT PAUL, MINNESOTA Presented By Referred To 2 0 Committee: Date BE IT RESOLVED, that, upon the petition of the HealthEast (d.b.a. St. Joseph's Hospital), as documented in the Department of Public Works, Technical Services Division as Vacation File Number 16-2005, the public property hereinafter described is hereby vacated and discontinued as public property, subject to the herein stated exceptions. 6 7 The property to be vacated is as follows : SEE ATTACHED EXHIBIT "A" 8 9 10 BE TT FURTHER RESOLVED, that, subject to the herein stated excep6ons and with the 11 accompanying Utility Easement Certificates of Intended Non-Use, filed voluntarily on behalf 12 of, Qwest Corporation, Comcast of St. Paul, Market Street Energy Company & 13 District Energy of St. Paul and St. Paul Regionai Water Services, made a part hereof by 14 this reference and filed in the office of the City Clerk of St. Paul, the City, for itself and on 15 behalf of these corporations and departments, waives the right to the utility easements in the 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 vacated azea described above as EXHIBIT "A". This vacation shall be subject to the terms and condition of Chapter 13Q codified Mazch 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 $1,200 as an administrative fee for this vacation which is due and payable within 60 days of the effective date of this resolution. 2. That at the request of Comcast of St. Paul, if any of the proposed improvements in the vacated uea interfere with existing Comcast facilities in the general area or access to these facilities, the petitioner, its successors or assigns shall assume all costs of relocating said facilities to new easements running in favor of Comcast of St. Paul. 3. That a permanent utility easement shall be retained within the vacated area to protect the interest of Xcel Energy (Electric). Xcel Energy (Electric) will release its easement rights in the subject vacated azea only when all existing electric distribution facilities currently located within said vacated azea have been removed, relocated or placed underground, at the cost of the Petitioner, its successors or assigns. Council File # �1� - 33 2 Green Sheet # 3030098 y,s :J�-�3a !! 10 11 12 13 4. That a permanent utility easement shall be retained within the vacated area to protect the interest of Xcel Energy (Gas Distribution). Of the cutrent facilities, to be reconstructed, belonging to Xcel Energy (Gas Distribution), the existing steel main, within the vicinity of the vacated area, will be used as a casing pipe for new pipe to be installed within, with a casing vent stack protruding above ground at both ends of the casing; And that the e�sting vault valves and gas regulating equipment within it shall be relocated to a location outside of the vacating area (east by northeast). Said new location must be accessible to Xcel Energy (Gas Distribution) personnel at all rimes. All gas work must be completed prior to the release of any easement rights held by Xcel Energy (Gas Distribution). The petitioner, its successors or assigns will assume all expenses related to this work. 14 5. That at the request of the Mazket Street Energy Company and District Energy of St. Paul 15 (District Energy), District Energy will maintain its easement rights below the vacated air 16 rights area. District Energy shall maintain its direct buried heating facilities located below 17 said vacated area. District Energy will be allowed to maintain, inspect, repair, construct or 18 re-construct the existing heating facilities or any new construction of heating or cooling 19 facilities and enter into its easement area at any time and from time to time. ff any relocation 20 of District Energy facilities is required due to the construction or development of the 21 overhead area or construction or development of the surrounding area, District Energy shall 22 complete the relocation of its affected facilities, at the cost of the petitioner, its successors or 23 assigns. And in extending any new and existing facilities for the petitioner, HealthEast 24 (d.b.a. St. Joseph's Hospital), consideration and coordination will be granted to District 25 Energy for the routing of these facilities in the right-of-way and for routes traversing through 26 sites being developed with District Energy Facilities. 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 7. That at the request of the City of St. Paul, Department of Public Works (Public Works), Public Works will consider the release of its easement rights once site plan approval has been processed and Public Works Bridge Design has reviewed said plans. Any replacement, relocation or reconstruction of lighting, signage or any other public improvements in the right-of-way will be completed by Public Works at the expense of the petitioner, its successors or assigns. No supports, such as pillazs, will be constructed into the remaining right-of-way. 6. That the petitioners, 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 chazacter brought as a result of injuries ar 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 claims 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 petirioners, 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 sha11, within the period(s) specified in the terms and conditions of this resolution, comply in ail respects with these terms and conditions. 0�-�3a �r r�� a+e►-- �bt�'s�F Sw�►S�F.P�v- Requested by Departrnent of: Public Works I �`� : Director by City Attorney Adopted by Council: Adoption Certified by for Submission to Council � bb_��z EXHIBIT A Tenth Street Air Rights Vacation That part of Tenth Street lying between the elevations of 823.0 feet and 8939 feet above sea levei (NGVD-1929), lying southwesterly of the extended southwesterly line of St. Peter Street, being a line drawn from the most easterly comer of Block 3, Bazil and Guerin's Addition to the City of St. Paul, to the most northerly corner of Tract B, Registered Land Survey No. 442; and lying northeasterly of a line drawn 168 feet southwesterly from said extended southwesteriy line, as measured perpendiculazly and parallel thereto; Excepting therefrom that part of the northwesterly half of Tenth Street lying southwesterly of said extended southwesterly line and northeasterly of a line drawn from a point on the northwesterly line of Tenth Street, distant thereon 65 feet southwesterly of said most easterly comer of Block 3, to a point on the center line of Tenth Street, distant thereon 53 feet southwesterly of said extended southwesterly line of St. Peter Street. Bay �'indow Air Rights Vacation That part of St. Peter Street lying between the elevations of 826A feet and 8939 feet above sea level (NGVD-1929), and being more particulazly described as follows: Commencing at the intersection of the southwesterly line of said St. Peter Street with the northwesterly line of Tenth Street, said point being the most easterly comer of Block 3, Bazil & Guerin's Addition to St. Paul; thence, along said southwesterly line af St. Peter Street, North 42 degrees 10 minutes 15 seconds West, assumed basis of bearings, a distance of 193.55 feet to an angle point in said line; thence continuing along said southwesterly line, North 55 degrees 03 minutes 15 seconds West 9.49 feet to the point of beginning; thence continuing along said southwesterly line, North 55 degrees 03 minutes 15 seconds West 14.73 feet; thence North 68 degrees 13 minutes 16 seconds East 8.08 feet; thence South 21 degrees 46 minutes 44 seconds East 12.31 feet to the point of beginning. � t _ � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � �I�-3�� DepartrnenUoffice/council: Date Initiated: Pw -�,>>�Wo� ,�-�R.� Green Sheet NO: 3030098 Contact Person 8 Phone: JUAN OR7¢ 2668864 Must Be on Councill�qenda by C'ocvUC;L ��o/�E � Contract Type: RE-RESOLUitON � , Assign Number For Routing Order 0 1 2 3 4 5 6 De ar6nent 3 SentToPerson InitiaV bGc Works Esfate 1000 �v i Attorne . � _ or's O�ice Ma o Assistant �mu'1 ' Coundl ' Qerk Ci Cterk blic Works eal Estate 5000 CHA Tofal #ofSignaturePages f ( ClipAllLocationsfo�Signature) Action Requested: Consider the peation of HeakhEast (St 7oe's Aospital) to vacate Air Rights over lOth St, southwest of St_Peter; And a smalt portion of Air Rights over SG Peter, south of l lth Sheet. Wations: Appro�e (A) or Reject (R): Planning Commission CIB Committee Crvii Senice Commission Personal Service Contracts MustMSwerthe 1. Has this personifirtn e�er vrodced under a contrad for this departmant? Yes No 2. Has this personlfirm e�.er be� a city employee? � Yes No 3. Does Nis persaJfirtn possess a skill not nortnally possessed by any curtent city employee? Yes No Explain all yes answers on separete sheet and attaeh to green sheet Initiaflng Problem, issues, Opportunity (Who, What, When, Where, Why): St. Joe's Hospital desires to expand its medical facitity by wnstructing a span over lOth St along along with other improvemenu to its medical campus. AdvantapeslfApproved: Plans for development can proceed. Disadvantages If Approved: Encroachmen[ over a street currenfly in use. MQR 1'7 2UUd '`—� � � t -" � '� " _ Disadvantaqes If Not Approved: Hospital redevelopment plans would have to be revised. TotalAmountof $,� 2 � Transaction: Funding Souree: Activ'dy Number: Financial lnformation: This is an administrative cost for processing the vacation. (Explain) � :J` (.. March 97, 2006 2:06 PM \d CosHRevenue Budgeted: Page 1 0� �33 Interdepartmental Memorandum CITY OF SAINT PAUL To: All Coimcil Members From Bruce Engelbrekt (c/o 7uan Ortiz) Public Works Technical Services Real Estate 1000 Ciry Hall Annex Date: March 17, 20Q6 RE: Public Works Vacarion �le No.16-2005 (Vacate Air Rights Over Street) I recommend a public heaziug before the City Council be held on Apri15, 2006 to consider the petition ofthe HealthEast (d.b.a St. Joseph's Hospital) This petition is to vacate aa rights over 10 Street, southwest of St Peter and vacate au� rights over a small portion of St. Peter Street, south of 11�` Street. The purpose of this vacation is to expand St. Josepb's Medical faeilities. This property is located 'm City Council District 2, Plannmg District 17 . 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"� ' � : a � � , � — '`� +� � ,,. � t � 'n L a' `i�� ` �� 4 ..i�sr.la'a,... . .re . . l-�"" , :�� .� . .f s �a $�' -� ' � 4 d0�` .�,� e � i ' � a �. ,k .. ��'� � � , ��,,.�#� � .a0�6.,� i �"4 ��.< .� t "�� m� �ti� � ,�� ,�� ' � , ,. �.-. '�$�'�'�' �; . a� R � - 1 � �� } ° �� - � � �, ti� , �� ; � fi �' 1 1 � ��y ` " �' _ •' y� t ° \ " +� .r .}q } � � � Xi� , �� F;' �. �� .. � \ � � 1 � � CERTIFICATE OF INTENDED NON-USE ��O THE HONOKABLE MAYOR AND MEMBERS OF THE COIINCIL OF THE In the Matter of : CTI'Y OF SAINI' PAUL Vacation File # 16-2005 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: i) Vacate air rights over and across lOth Street from St Peter to the west (See map) : 2) Vacate air rights over and across that portion of St Peter St as shown on attached map: except as here noted: STATE OF 1SIN OTA COUNTYOF ��y�"��SS foiegoing iustrument was aclmowledged before me [his by /� /�/.» � LltY��UN of LXLUr°Ji �b/L-�G/!R-TIGs� a undzr rhe laws of the S[ate of Minnzsota . ,�'"�""_"'�� LINDAA. JUELICH �°�'�'��'=' � � ��✓ �� NotaryPubliaMinnesota Mycomaussionexpires �� 3� �G�U ::� My Commission Expires Jan 31, 2010 ONCE SIGNED- PLEASE RETURN THIS ORIGINAL COPY TO 140 CITY HALL ST PAUL 55102 Company / Depaz[ment .y-- /°' p �[/ n / �WP� / ( 6 r' / e / 1 °SSG 4 LS � ks: ��^'�` e� � �9 _ ��i Signature 19 '" � G'�L� �J BG�L 20f:s dYlr�vJltGE�'L �it�G�.�lEE�r�/G OCT-21-20a5 15�20 (�p _3�a P.04ia6 CERTIFICAT� OF lNTENDED NON-USE � xar�axAS� �YOx arm ��xs oF � couivcu, aF � C1TY OF SAII3T PAUL In thc Mattcr of : Vacation �ile # 16•2005 The undersigned heteby certifies, on behalf of the indicated department or company, that it does not iater,d to exercise its utiliry rights in the realry described below: 1) Vacate air rights over and across lOth Street from S� Peter t� the west (See map) : 2) Vacate air rights over and across that pc�rtion of St T'eter St as shown on attached map: except as here noted: Comcast will release its easement rights in the described rights-of-way prnvided the proposed irr+pruvements do not interfere wddh Comeast's exisling facilitiQS ur i►cterfere with Comcast's access to surd�'acililies lo maintain, repair or upgrude them. Shoul�l su�d zmprovements in any way interfere with, or prevent aceess to, abnve-mentinned faeilities, the petiPinner, i�s successars and assigns shall assume ald eosts of relocating said faeililies to new easements. SCO'n' CHARLES RUPPERT Notary Public Minnesota My Commissian F�cpires January35, 2008 STATL UP MINNfiSOTA COUN7'Y OY oF }SS c�omp:my � nepann,eat an�+ Pas� liS: CO/�ST/'KG �C<K4SPl � /V /�/.Lr�.e r sl�tl]TE L� ^Y� was acknowlcdged brl'u[r. me thin d'.�y � undcr thc luws of the $laie ol Minnesola. . N*naey Public My wmmiasio¢ expaes 1A�.i ONCE SIGI3ED- PLEASE RETURN THIS ORIGINAL CpPY Tp 14� Ci'FY T�AT,Ts S 1' PAl7L 55102 OCT-21-z0a5 15�20 r! �� a P.93i96 (Jb Reply to Vacation inquiry Flle #16-2005 We have no obic:crions to this vacation. To� Juan Ortiz �'om: City Of 5�- Paui Rcai Estatc Division r�� # 266-8850 �°°° # F,� n 266-8855 F�" We wili annrove this vacaGon, subiect.c� the followinQ conditions: Por the followine reasons, we cannnt annrove this vacation: THIS FORM IS TO VACAT"E TH.E STRE'�'T AIR XIGCiTS ONLY : 1) V�c;ate the airrights over and across 10`� Street frorn St. Feter, w the west (See map) : 2) Vacatc thc air rights �ver and aczoss that p��rtion �f SG Pele� St as shown on attached map: Cnmeast will allow the vaeaknn of air rights, over the indicated right-of-way, to prueeed, subject tu the relocation uf any e,ztsting Comcust facilities, al the cost of the petitioner, iEs successors o� assigns. � / �� a�Z y�03� � I� t ❑ Signed Date CERTIFICATE OF INTENDED NON-USE TF� HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CiTY OF SAINT PAi3L In the Matter of : Vacation File # 16-2005 The undersigned hereby certifies, on behaif of the indicated department or company, that it does not intend to exercise its utility rights in the realry described below: 1) Vacate air rights over and across lOth Street from St Peter to the west (See map) : 2) Vacate air rights over and across that portion of St Peter St as shown on attached map: except as here noted: District Energy St. Paul, lnc. must retain easements and rights within the right-of-way area 6elow the proposed vacated air rights area. We wilf approve this air rights vacation, within the area defined above, provided that cost reimbursement is agreed to for any required utility relocation and subject to the following conditions: 1) District Energy St. Paul, Inc. has and shall be permitted to maintain direct buried heating facilities below ihe area defined for street air rights vacation. 2) A utility easement, subsurface, surface and overhead below the entire defined air rights area shall be retained in the right-of-way for the benefit of District Energy St. Paul, Inc. to maintain, inspect, repair, consWd or reconsVuct the existing heating u6lity or any new facilitles related ro the heating and cooling piping and/or heating and cooling equipment or any part thereof and to enter upon said easement or any portion at any time and from 6me to time. 3) lf a utility relocztion is required due to the wock ia the overhead area or development of adjacent properties associated with the overhead work, it shall only be completed by Distrid Energy St Paul, Inc., its agents and its designated conVactors. Full and complete cost reimbursement is required for any required relocation of the heating piping in the area below the street air rights vacaGOn. A) The direct buried heating Yacilities and future cooling facilities beiow the sVeet air rights vaqtion area and the area defined for utility easement purposes will be used to serve the new building addition for St. Joseph's Hospital. District Energy St. Paul, Inc. and District Cooling St. Paul, lnc. shall be permitted to i�stall the necessary heating and cooling facilities within the subsurface area below the street air righks vacation area. 5) In extending new heating and cooling facilities for St. Joseph's new building addition, consideration and coordination wiil be granted to District Energy St. Paul, Inc. from St. Joseph's Hospital for routing these facilities in the right-of-way area below the area defned for street air rights vacation and traversing through the site being developed. /1��Q�'XES' S'�L�z E7u"� c� � ��. -r�u�� . s�+�sz�u000 Nozk�v arauc - u�r�sor� R/Y COf�A?✓iSSiON � �awd 31- ZO 1 0 ��.�.�-�..a�� - STATEOFMINNESOTA l - ° � " \ � COUNTYOF�a�m�_ J �SS �� '17�e foregoing instcumen[ was aclmowlzdged befora me this _� �' day of __ �� Y Lca.r u . 20 O�e by 1 I L. C.L� aaX �(.tX� r� 5 .the � � i G2� � y' GS � A3-� nT L/(0-2rai(7 NTS of_ �rrnti.k.�- s�.�- E.,�u co, a t;�..;��- l�� b 1�-��., �a...,,,,. undtt the laws of the State of Minnesota . NotaryPublic �.J�.c.�.� • �+^"�`�+-�-�aS� My commission expires (_ 1. - � � a-� � d ONCE SIGNED- PLEASS RETURN THIS ORIGINAL COPY TO-�`YY IIALL ST PAUL 55102 ,-�'ov l�i `� (�C % ��Y �`7� �i4Gf L_ ��s. �'� � P�: � —��.�� d6 Reply to Vacation Inquiry File #16-2Q05 Td: Juan Ortiz City of St. Paul Real Estate Division ic: ns �D�S��c'� � Phone# 266-8850 �one#�,t� Fat# '1,((-4$$5 Fax# �s� _ We have no obiections to this vacation. We will anprove this vacation, subject to the followinQ condiuons: For the foilowine reasons, we cannot anDrove this vacation: THIS FORM IS TO VACATE THE STREET AIR RIGHTS ONLY : 1) Vacate the air rights over and across 10�' Street from St. Peter to the west (See map) : 2) Vacate the air rights over and across that portion of St. Peter St as shown on attached map: . � ' District Energy St. Paul, Inc. must retain easements and rights within the right-of-way area below the proposed vacated air rights area. We will approve this air rights vacation, within the area defined above, provided that cost reimbursement is agreed to for any required utility relocation and subject to the following conditions: 1) District Energy St. Paul, Inc. has and shail be permitted to maintain direct buried heating facilities below the area defined for street air rights vacation. 2) A utility easement, subsurface, surFace and overhead below the entire defined air rights area shali be retained in the right-of-way for the benefit of District Energy St. Paul, Inc. to maintain, inspect, repair, construct or reconstruct the existing 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 or any portion at any time and from time to time. 3) If a utility relocation is required due to the work in the overhead area or development of adjacent properties associated with the overhead work, it shail only be completed by District Energy St. Paui, Inc., its agents and fts designated contractors. Full and complete cost reimbursement is required for any r2quired relocation of the heating piping in the area below the street air rights vacation. 4) The direct buried heating facilities and future cooling facilities below the street air rights vacation area and the area defined for utility easement purposes will be used to serve the new building addition for St. Joseph's Hospital. District Energy St. Paul, Inc. and District Cooling St. Paui, Inc. shall be permitted to install the necessary heating and cooling facilities within the subsurface area below the street air rights vacation area. 5) In extending new heating and cooling facilities for St. Joseph's new building addition, consideration and coordination will be granted to District Energy St. Paul, Inc. from St. Joseph's Hospital for routing these facilities in the right-of-way area below the area defined for street air rights vacation and traversing ough the s+t bei eveloped. ° �- Tti �,� Signed Date t�-3�� CERTIFICATE OF INTENDED NON-USE THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE In the Matter of : CTTY OF SAINT PAUL Vacation File # 16-2005 The undersigned hereby cer[ifies, on behalf of the indicated department or company, that it does not intend to exercise its utility righu in the realty described below: 1) Vacate air rights over and across lOth Street from St Peter to the west (5ee map) : 2) Vacate air rights over and across that portion of St Peter St as shown on attached map: except as here noted: STATE OF MINivESOTA cotiv�rr oF �MSEY �SS Company / Depa[tment Saint Paul Regional Water Services Its: General � Signature 77ieforagoingmsuumentwazacknowlzAgrdbefocemalhis ZLSt dayof OCtOliel 20�5 ny Stephen P. Schneider �h General Manager oe Saint Paul ReQional Water Services municipal corporation undzr �he Laws of [hz Statt of M�nnrsota . c �� JANET M. UNDGREN A'otaryPubli ��'(' O ~�� NOTARYPUBUC- MIt�M1ESOTA ?/ a� MY COMMISSION My commiss on zxpires d EXPIRES JAN. 31, 2010 ONCE SIGNED- PLEASE RETURN TAIS ORIGINAL COPY TO 140 CITY AALL ST PAUL 55102 �-33a Reply to Vacation Inquiry File #16-2005 � To: Juan Ortiz � From: S �� S rWa City of S[. Paul Real Estate Division Phone� 266-8850 Phone# F�n 266-8855 F�" We have no obiecuons to this vacation. We will approve this vacation, suhiect to the following conditions: For the foilowing reasons, we cannot annrove this vacauon: THIS FORM IS TO VACATE THE STREET AIR RIGHTS ONLY : 1) Vacate the air rights over and across 10`" Sueet from St. Peter to the west (See map) : 2) Vacate the air rights over and across that portion of St. Peter St as shown on attached map: . � 2D O � � � � Signed Date RECEiV�p �i.` J � i�U; KE/�L F,�YLTe n n,,,.. _ _ Reply to Vacation Inquiry File #16-2005 To: ,JllAII �I'tIZ F[om: 8 c�ry or sc. Paui X 6�-3�� - Zb - ZAOS LEE �Uls l ,��-�L� , Phone # 266-8850 � Phone # 6 �'� • '�3O • , F�x 266-8855 F�# b�2• 573. We have no obiections to this vacation. We will approve this vacauon. subiect to the followinQ conditions: For the foilowine reasons, we cannot aonrove th:s vacation: THIS FORM IS TO VACATE THE STREET AIR RIGHTS ONLY : i) Vacate the air rights over and across 10�' Street from St. Peter to the west (See map) : 2) Vacate the air rights over and across that portion of St. Peter St as shown on attached map: � 0 � Xcel Energy wiil relinquish air rights and aerial utility easement interest over and across that part of 10 Street and over and across that part of St. Peter Street subject to Vacation No. 16-2005 area only when all existing electric distribution facilities currently located within said area have been removed, relocated or placed underground, which removal, relocation or undergrounding wiil be carried out at the expense of Petitioner, HealthEast St. Joseph's Hospital. (attached hereto is a system map whereon the referenced facilities are shown) PLEASE PROV4DE A COPY OF THE ADOPTED RESOtUT10N IN WHICH THE RIGHTS DESCRIBED ABOVE HAVE BEEN RESERVED. // i i:��i/;�ii�_%L �� /D-�6 -zor�5 Date � � LOp30 i � i � � � � _ �� 5 �'��'� � � � ��:%�� .� ' � ` �'. � � � �. , s�� ^ � L w �� 2€ ��. "� \ 1 t � l �� - � 6 `� + � s.�. � � , � � � 3 A� � ��.� . \ a. q` , � � L'`!1 .r. ..� �� 1� CURB � ` `°�� UV61'}�" � � � � �� . O G ..\� � \ � �\ ._ A � �� 0 � �. � `� ��.. � C.O.F� � � HEALTI-F,VLT. / �, , 9 �' �' � �� ! - ��,° - � - � % ` �.� �'�/ ti � � A o C.O. ELB. `' A � �I �ER\ _ � �� 1 �� . , r�<<'o. � A A , � � o� ' ��o� ' . � �. � �� \ � �� V CP �' � � � \ � ,. � �. /�� W331! . ` � � � � 1 � �'��' ' 1 3 . .�„ � �� , � � ,�'l � � �L � � �- A � � 10 ST. W. �� 4" FISHER OVE��IDE LTER � �� 70' �� L:L: O�ST.�ETER �. ` �� 5' SO.�F ST. � � � � CONTACTOR A� � ��: N� \ � �� \ �.' \ \ � �. i� �� Tli'/ iY7 .' ` _ � / iH15 PRINi PFFRESEMS iHE lOGiION OF G<5�6ECiNC FACLLIiI ES fS OF ME %2MIF➢ OAiETOTiEBFSiOFWRIM0411E0GE TIISWFWUNTIpN1SINi@:OEDFCRG@lFAP1 USEOXLY NIDNOTTOE£ WE�FOPF%CNJATq1%IFPp56 $iPTEtAW �S PANONEOIGGINGGRAOINGORE%GpVp➢NGTOOBiWNqFlEt�LOCFTE0FP1L11I1lRIFS FaCdxab fa1NxUNMNC�eKnCen@�AfdaaMbaFifLmKne�19WB22-195) Fu MmMwN GII Ve Gpp� 56b IXR GI b a Frod 4pKn a113A}35D11� " Scale:l' equals 77' �-33� To: Reply to Vacation Inquiry File #16-2005 Pboue # FaY # We have no obiecfions to this vacation .YllilII �T't1Z From: � SZIL U` X Ct`�'�iRS b i Ciry of St. Paul I -£`��S Real Estate Division 266-8850 Phone�' 266-8855 F�" We will annrove this vacafion. subiect to the followine conditions: For the iollowinE reasons. we cannot annrove tlus vacation: THIS FORMIS TO YACATE STREET RIGHT OF WAY ONLY: 1) Vacate air rights over and across 10�` Street from St. Peter to the west (see map): 2) Vacate air rights over and across the portion of St. Peter Street (see map) : Conditions are as follows: The existing steel main within said azea will be used as a casing pipe for new pipe to be installed within, with a casing vent stack protruding above ground at both ends of the casing. The existing vault with valves and gas regulating equipment within it shall be relocated to a locafion outside of the vacating azea (east hy northeast). New location must be accessible to Xcel Energy personnel at all times. This work must be completed prior to air rights being vacated by Xcel Energy Gas and said pefitioner (Saint Joseph's Hospital) will assume all expenses related to this work. �-� r Signed 3� g�� 0 � �-�3a CERTIFICATE OF INTENDED NON-USE THE HONORABLE MAYOR AND MEMSERS OF THE COUNCII, OF TI� CITI' OF SAINT PAUL In the Matter of : Vacafion File # 16-2005 The undersigned hereby certifies, on behalf of the indicated deparanent or company, that it does not intend to exercise its urility rights in the realty described below: 1) Vacate air rights over and across lOth Street from St. Peter ta the west (see map): 2) Vacate air rights over and across the portion of St. Peter Street (see map): except as here noted: Conditions aze as follows: The existing steel main withiu said area will be used as a casing pipe for new pipe to be ?�staLled with�n with a casing vent stack nrohuding above gound at both ends of the casing. The existing vault with valves and gas regulating equipment within it shall be relocated to a location outside of the vacating azea (east by northeast}. New location must be accessible to Xcel Energy personnel at all times. This work must be completed prior to air rights being vacated by Xcel Energy Gas and said petifioner (Saint Joseph's Hospital) will assume all expenses related to this work. STATE OF MaJNESOTA COUNTYOF� Iss � � //� Signature The foregoing instrument was acla�owledged before me this U� day of Y� t . 20 O� n . _ by � under [he ]aws of the State of Minnesota . ,?��€ JESSICA LESLIE WINKLER ��?f Notary Pubiic \ MinneSpio My Comm. Expires Jan 31, 2017 Notary Public My commission �pires . r,' ONCE SIGNED RETURN THIS ORIGINAL COPY TO 1000 CITY HALL ANNEX ST PAUL 55102 ��: D�� N�. �.� G�� ,�.�� _ � �3� Reply to Vacation Inquiry File #16-2005 We haue no obiections to this vacation To: JllaII �I`tIZ From: ColleenPaavola City of St. Paul City of St. Paul PW Technical Services Public Works rnonen 266-8850 PhoneH266fi104 Fae# ZE)G-BgSSI We will approve this vacation, sublect to the foilowin� conditions: For the followin� reasons, we cannot apnrove tlus vacation: THIS FORMIS TO YACATE STREET RIGHT OF WAY ONLY.• 1) Vacate air rights over and across 10�` Street from st. Peter to the West (see map); 2) Vacate air rights over and across the portion of St. Peter Street as shown on attached map: Legal descriptions need to be prepared and submitted for review along with a drawing showing the areas to be vacated. Detailed plans are to be submitted to Kevin Nelson, City Bridge Engineer for review. He will check geometrics and clearances in the public right-of-way. Lighting — At least one 35' David will need to be modified or replaced. Signals —No visible conflicts, if ped. Poles need to be removed during construction; temps will need to be installed. (street closed during construction?) All Signal and Lighting work to be done by City Forces. Work will be billed to owner. City will still need to place signs and light poles in right-of-way. Please be clear that there will be no supports within public right-of-way. We do not want to run into problem with pillars and roadway compatibility. l`-�� i �� ❑ Signed Date � � •. _, Reply to Vacation Inquiry File #16-2005 ro: Juan Ortiz r`°�: — ��z City of St. Paul r 2e S p Real Estate Division �� ' �one x 266-8850 Ph°°e # F�n 266-8855 F�� We have no obiections to this vacation. We will approve this vacation, subiect to the followinQ conditions: For the followin� reasons, we cannot apnrove this vacation: THIS FORM IS TO PACATE THE STREET AIR RIGHTS ONLY : 1) Vacate the air rights over and across 10` Street from St. Peter to the west (See map) : 2) Vacate the air rights over and across that portion of St. Peter St as shown on attached map: � � � i i � � i� , Signed �� / .s / , y .� / �. Date � ❑ ❑ From: Tom Beach To: Ortiz, Juan Date: 10/10/05 2:2836 PM Subject: Vacation 16-2005 10th Street for St. Jospeh's Hospital LIEP has no objections. Tom Beach LIEP 8 East 4th Street Suite 200 Saint Paul, MN 55101 651-266-9086 (phone) 651-266-9124 (fax) tom.beach@ci.stpaui.mn.us (email) OCT-2g-2005 13�15 PED 14TH FLOOR •ro: Reply to Vacation lnquiry File #16-2005 Phonafi Fat � We have no obiecrions to this vacation. Juan Ortiz City ofi St. Paal �� Estate Division 266-8850 P''°°°" 266-8855 F'� � We will anprovc this vacation, subiecC to the followin� conditions: For thc followine reasons. we cannot annrove this vacation: THIS FORM IS TO VACATB TXI"E STREET AIR XIGHTS ONLY : 1) Vacatc ihc air rights over and across 10 Street from St. Petcr to thc west (See map) : 2) Vacate the air righu over anc{ across that pordon of St. Peter St as shown on attached map: ca�vDtTio++�S : � � � I.7ht q�►pii CA�fi �✓k ��► G�1� Lf`r0� Ik� IgN �rt1'Gr s'tuff' �i► t�_ r� �✓ i � s{yp,�21' CKV�W/N �v`� �, Pvt Iiwt hu��is�fi t ��e f�9H�r , ca��t, �;�etc. {„�y�i1�'�✓��' Kd��r�� 'V►��d� � � µt�v� �i' �"P� tt✓�� '� ��;v�e ar�d �I�cv��{ u r�r f i� ru� �eaiw� • I �1LL1L �v-Z7•�5 651228322a P.03/04 0�0-33� Signed Date OCT-28-2005 13�14 PED 14TH FLOOR lnterr3e�artmeniai M� CI'TY OF SA.IIdT PAUL , .' . � f�ff (�ff��l � .� ��.. � 6512283220 P.02/04 �( � 30� G�KIA� � �� Vacation fiequest No. t�„ � �V (}.S� /-!„ O The attached vacation request was received by the Piannin� Division on �0^?`✓?�lease review end retum comments or recommendations to me byJ�:) (� so that I may prepaze the Divisions recommendations. ' A'T 20NTNG SECTIOIV: Ts tliis vaca'tian proposal also tied to a rezoning or �ariance request? XBS NO If yes, explain,below: STAFF COMMEI�ITS OR RECOMMENDATIQNS: � wh' c slA.f� is v+vr' o�►�rasect Y te t� 1�+� ✓atufir�� ✓e u� '. �l�CS hu� UMC.�'�s �f i�N �- �KGt Ii�.� �M�t� I �tw� t� i+��r �v�� ; al��cu ,� �✓ r aF t�qa�� saf �N�G�•f✓�u+� �n� t� r w�R%u�G�¢t,e� ��• �te �tphiru � v �u �✓�d tr wG✓ w t�► Gi� ah�( k iqN �en�� v►su�� ~Fhat wr�vs a�� u��csf�i�. et Ctv'`') � rn��d Planners aze to retuzn the xeviewed vacation request to AIIan Torstenson / (Zoxung Manager). _ ��'t,�' Donna, Penny, and �ucy, � Reai EstaYe has, chanqed fheir form to nbt request a spedfic daee for Ceturn af fhe info�matio� from PED. Thzk is why i have not fUied in ehat )ine on the cover sheet I aftach to the vac2tion request fhaf gets circulated 4o you Please continue to turn these around asao as vou have in the oast. OCT-13-2005 13�02 ST PRUL PARKS REC Ta: Reply to Vacat�on tnquiry File #16-2005 Phwc d Fns # 6512927405 P.01/01 0�-33� Juan Oz�tiz �°"'� J.d 1�arf�ntz CiryofSt_PauI -�� Esute Division 265-8854 �" 24c�-�'-(2J 266-885� F'�" We have no obiecLions to this vacation. We will approve this vacation. subiect to the followina conditions: For the followins reasons, we cannot a�Drove this vacation: TfIIS FORM IS TD V�1.eATE THE STREET AXX2 RIGFITS ONLY : 1) Vacate the air rights over and across 10` Sueet from St Peter to the west (See map) : 2) Vacate the air rights over azid across that portion of St. Peter St as shown on atcached map: We are pleased that St. Joes is expanding and improving their faciiities in St. Paul but we aze not advocates of allowing building mass to extend over the street and public reaim azeas. We approve this vacation if their expansion over the street is critical to the success of their program and facility n�eds and every effort is made to czeate a safe and pleasant eavironment for pedestrians; sidewalk areas undemeath the building extension aze weil lit and of a com£ortable width with windows and attractive building fagade at sixeet ievel. ro.rz�vs'_ Date � � � TOTAL P.01 Reply to Vacation Inquiry File #16-2005 To: ,rlldtl DI'tIZ I from: City of St. Paul Real Estate Division rtioneu 266-8850 p1 Ope # F�n 266-8855 F�� We have no obiections to this vacaffon. We will approve this vacauon, subiect to the followinQ conditions: For the followine reasons, we cannot anprove this vacation: THIS FORM IS TO VACATE THE STREET AIR RIGHTS ONLY : 1) Vacate the air rights over and across 10�' Sueet from St. Peter to the west (See map) : LYo-33a � � � 2) . V acate the air rights over and across that portion of St. Peter St as shown on attached map: o � m � d2.�° h-�y �- � � -��'t`�c'�° awe. .... ` �C^-'z-�-C' _ � (/ v � ��- .�-..�.� � �o� �� u.,-��0 � �� L �- �� ° -�=� � �� ,,,� � �� -�-� � �s a 3 , K – �5' 3 . 5 ' �-�"_ �-� � ,G.�-,�e- ; r�-�-� �=�-V--� �,- �- ,�.�.. � m � � ��-.�-� �-� � �� -�--� �s� � � --�.�, �.�-- � �.�- �..� �:� �? �`� j /�- �z � t,ti .:�' cm-�-- �-¢ -� it�—�"� (t �e � �u!-`ti�.e u�.v�s1 _ e pc,�.._ � � c.� � � , �,�- S �- � �Tc �� — Signed � �'%� � " "" c`��,�� ,� � � � .�� --�-- �--- /D-jo --�5 Date a �! � �-33� Reply to Vacation Inquiry File #16-2005 To: Juan Ortiz � �`°�: City of St. Paul Real Estate Division Phone# 266-8850 phone# F�n 266-8855 F�# We have no obiections to this vacation. We will annrove this vacation, subi?ct to Yhe followin� condidons: For the followine reasons, we cannot annrove this vacation: THIS FORM IS TO YACATE TFIE STREET AIR RIGHTS ONLY : 1) Vacate the air rights over and across 10` Street from St. Peter to the west (See map) : 2) V acate the air rights over and across that portion of St. Peter St as shown on attached map: � �d -� / �- � S Date � � _-\ / ( \ I \ � �,�T:��::,��,� 3 �� y 9 m ti m � � y 7.I m m ti � ' � I / � - z,� o ,5` Olo �3� MOORE, COSTELLO & HART, P.L.L.P. A Professional Limited Liability Partnership ATTORNEYS REPLY TO ST. PAUL OFFICE September 19, 2005 MR NAN ORTIZ REAL ESTATE DIVISION Rt1MSEX COUNTY GOVERNMENT CENTER WEST 50 KELLOGG BLVD WEST ROOM 140 ST PAUL MN 55102 Re: HealthEast - St. Joseph's Hospital Vacation of Air Rights over 10"' Street Dear Juan: WRITER'S DIRECT DIAL NUMBER (651)602-2645 E-mail: jgp(cdmch-ollo.com Please find enclosed the following documents regarding the above-referenced matter: 1. Petition for Vacation of Air Rights Over Public Right-of-Way; 2. Adjacent Property Ownership Report prepared by Commonwealth Land Title Insurance Company; 3. Three copies o£the Hospital Expansion Site Plan; and 4. A check made payable to the City of St. Paul in the amount of $100.00. I understand that the City would prefer that HealthEast proceed with an encroachment permit instead of a second petition to vacate air rights in connection with the bay window, which will encroach on St. Peter's Street. If this is noY also your understanding, please let me know. y . , 55 EAST FIFTH STREET • SUITE 1400 • ST. PAUL, MN 55101-1792 � 7EL. (651) 227-7683 • FAX (657) 602-2670 701 FOURTH AVENUE SOUTH • SUITE 1350 � MINNEAPOLIS, MN 5 541 5-1 823 • 7EL. (612) 673-0148 • FAX (612) 395$600 September 19, 2005 Page 2 If there is any additional documentation you wouid like from HealthEast in connection with this petition, please do not hesitate to cail. JGP:nbk Enclosure cc: (w/out enc.) Mr. Tony Thomas Very truly yours, MOORE, COSTELLO & HART, P.L.L.P. By ,� � �z' J hn G. Patterson STP:129567.1 � �� =� �� Moore, Costetlo and Hart ]ohn Patterson 55 East Sth Street Suite 1400 St. Paul, MN 55101 Re: Order No.: 050446 Subject Praperty: West lOth Street St. Paul, MN SS10Z AD7ACENT OWNERSHIP REPORT o� �3a Commonwealth Land Title Insurance Company does hereby ceRify that a search of Ramsey County, Minnasata, public tax recards discloses that, as of September 6, 2005, the owners of the properties abutting the public right-of-way described as a�i�9fifsove�f/jas`po�o�ofly�'sllOffiSfie��f vd.3��f�oTiafB.Q�y.�s�eievla�dS��yi!/o, A9�a�dlofs101J 11» J9.a�dISB/o�.P,3 dazi%a�dG�e��i�s.9o'�fio�foS.' Pa��a re a s fol lows : Le al Descri tion Pro ert Identification No. Fee Owner 7ract B, RLS No. 442 06.28.22.21.0053 HealthEast 1690 University Avenue West Suite 400 i St. Paul MN 55104 Lots 10-15, Block 2, 31.29.22.34.0278 HealthEast Bazil and Guerin's 1690 University Avenue West Addition to St. Paul Suite 400 St. Paul MN 55104 Also enclosed for your convenlence is our memo Invoice detailing our costs. � /� �, ��.'"' ��i�2.t----.-4..—•. F..._f °f Prepared: September 08, 2005 This Report cites matters appearing in the public records of Ramsey County, Minnesota and Is not to 6e construed as an opinion of title. Commonwealth Land Title Insurance Company disclaims any liability for errors or omissions. Commonwealth Land Title Insurance Company 400 Sibley Street, 255 Park 5quare Court, SainC Paul, MN 55101 �Phone: 651-227-t3571 Fax: 651-227-1705 Adjacent Ownership Report Page 1 of 1 Received 09-OB-05 02:27pm From- To-MOORE COSTELLO HART Page 03 r_---� � � �,I �� ,�'; � - :; ' � � ---=-- -_�=�.I ' . ,� , �;:a: � � i '5 �'' `- � �`, I II � --._��_-.� .�, 3 � I t i�{'� � _,-_ ._ e�'- I �I � �� i �� : `, _ _ � _ �,1 ` i � L.i Y , , f'i -- I: _ �� - � �� ;;= ;ii � � t - _ . ti- --- — I , ' I� '.� � _ __ � r - . ,. 'I _ `f � � {�' _=°�° -- { ; -' t �, �, �. i -- - _ i __ � � w w � F- � � O T �� PARKING RAMP �� ,� � _ �� , - 1j �' _�� '', �I i � , ' ,''_—'. i ' — � — i-T�I �`; i� �I � � S .loseph's Hospital J i � -, Proposed Expansion � Air-Rights Vacation Pfan I � BWBR Architects 8.25.05 ' -- u I , ---' � �;i `-' -� ' I, EXtSTING ' " !! ST. JOSEPH'S �' �` i� HOSPITAL � , ��u_—;, _---�— -, -n- - _ �_ , �- _ � _. -( -�— �i �j " - ---- - ----- �J -� n .� �� ; - � , � �r ��! , ; i � �q- � „ - 1 - - � d 9 � � �-i � .�j� � � ; � . , ,� J -� p, I � � i_�I �� __ _ - - - ; I � _ � -�, � � � � ��, �;,, �, � i , - ; �, _ :, - � � . � � , � � <<� �'� � � � + � �� - � � - : � � E�,�� , l� 1M��i � �� _; _ _l� � I�� _ , � � � �� , !� � I �� ;i li � I --' I — I I '� �� i� � ' � �� '�, � .� � �� I �� . ��._. .._r� __ �i� .�,_ � - � -�__��__�_��-_ � �� I�,. , I i �-fi� - � r� � � i__} � ��i � . � � � n' � „ � „ � i y� � i _ i _ , � - � � � �', � , � �� r_ _ . � � , . �` --- i � �� i � � � - � ,� � - „ fi— `- ��, r -ss = V) , � = r = j - � ��i ' - - '' � i � � � ___ �� . , L_ � �i: , r i ,in • <� - - � _ , I . _ - �.___�' -�i i �_'_� ' � "ai ^ �t - �. '�{ � I{ s �' -- - - - - - - . ,� , _ � <- � - - ��,�:. �� 1 I— �3 l��' � � ' � ii �.�,-��.�� ,,,, ..,�_, �� . _ �� t , � � �', �, -�� ---- ��E,�:� �� ; ,..�,.� j �r �, j ., „ � �*�—_ - — ,- -- - � ----- - __ - " -- - -------- , � r -- � � {"� � �� 'j � � � !� - — - PROPOSED � ` � PROPOSED BUILDING BUILDING EXPANSION S T P E T E R S T R E E T EXPANSION � - -- - - �� ; O< PETITION FOR VACATION OF AIR RIGHTS OVER PUBLIC RIGHT-OF-WAY To: City Council of the City of St. Paul The undersigned does hereby petition the Council of the City of 3t. Paul to vacate certain air rights over Tenth Street. The air rights to be vacated over Tenth Street are between 823.4 and 893.9 feet above sea level, as shown on Exhibit A attached hereto. HealthEast St. Joseph's Hospital, the Petitioner herein, intends to construct an addition to St. 7oseph's Hospital, which addition will include two towers on either side of Tenth Street, connected by a three-story bridge building over Tenth Street. Three copies of the site plan For the proposed development of the subject property are attached to this Petition. The name, address and telephone number of the contact person is: Primary Contact Person: Anthony F. Thomas, AIA System Director, Corporate Real Estate Services HealthEast 1690 University Avenue West, Suite 400 St. Paul, MN 55104 (651) 232 G961 Altemate Contact Person: John G. Patterson Moore, Costello & Hart, PLLP 55 East Sth Street, Suite 1400 St. Paul, MN 55101 Telephone: (651) 602 2645 The name, address and telephone number of the Petitioner who will be responsible for compensating the City of St. Paul for the air rights vacation and for accepting the other terms of the vacation is: HealthEast St. 3oseph's Hospital 559 Capitol Boulevard St. Paul, MN 55103 � 3�a Dated: September �, 2005. HealthEast St Joseph's Hospital / � : ,.iii.�./t' � STATE OF MINNESOTA COUNTY OF RAMSEY ) ) ss. ) I, �Ol��lG7`1�. �o/LL , the �7��N. �� of HealthEast St. Joseph's Hospital, the Petitioner above-named, do hereby swear and verify that I have signed this Petition on behalf of HealthEast St. Joseph's Hospital after having been duly authorized to do so. f� Dated: September /3, 2005. Subscribed and sworn to before me this � day of September, 2005. r '--d Y I tiJ� Notary Pubiic • STP:129068.1 ' CAROL A, MEEHAN Nar,�+r Pu�ia�nirx�esora r MYCamiMasfa�ER�reeJan.3f.20f0 �vn � � O m .i] ui � 0 .L] O O O O ..O W .t7 � � M1.I � � �� /// N � 0 � � i i I I � i� I . .000162�t2-03 _ °�o y Am j � � � � _ a - a O a y z 9 � � o t� d w N � � � � � � �, m ; m n � ➢ � { y 2 1—�In • i j `�c- : I N3mZ� i � z- � {Rp I rnNmN �,� D ; o � i o � � O � � 1 r i r � � �� I -m zr I Zr � m� ;i O � � �ry� � 10�0 � o�D 2 � � � � J ? � n � D � ^' A T . 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O � '"' � 0 3 � x °' �� y ... � .� �. � � � � � � ti � � �Y �/� � �1 i�V U W r O � Y U .-+ C/� +--' � O � x �� 0 • ti Y V W � � 4'i �-33� 06-33� HOSPITAI, PARCEL: Tract B, Registered Land Survey No. 442 (Registered property; C/T 334060); PARKING RAMP AND LOT: Those parts of Lots 7 and 8, Block 3, Bazil and Guerin's Addition to Saint Paul, described as beginning at the most Westerly corner of said Lot7; thence Southeasterly along the Southwesterly line of said Lot 7 a distance of 15.6 £eet; thence Southerly to a point in said Lot 7 distant 73.5 feet South from the Northwesterly line of said Lot7 and 0.75 feet East from the Southwesterly line oP said Lot 7; thence Westerly 0.75 feet to the Southwesterly line of said Lot 7; thence Southeasterly along the Southwestexly line of said Lot 7 to a line drawn from the most Northerly corner of Lot 1, Block 58, Irvines Enlargement of Rice and Irvines Addition to the town of Saint Pau1, to a point on the Northeasterly line of said Lot 7 distant 75 feet Northwesterly from the most Eastexly corner o£ said Lot 7; thence Southwesterly along said drawn line to a line drawn from a point on the Southeasterly line o£ said Lot 8 distant 20 feet Southwesterly from the most Easterly corner of said Lot 8 to a point on the Northwesterly line of said Lot 8 distant 32Eeet Southwesterly from the point of beginning; thence Northwesterly along said last described drawn line to the Northwesterly line of said Lot8; thence Northeasterly along the Northwesterly line of said Lot 8 to the point of beginning; which lies southeasterly of Line 1 as described below and northeasterly of Line 2 as described below: Line 1: Commencing at the most easterly corner o£ Block 3, said Bazi1 and Guerin's Addition to Saint Paul; thence run northwesterly on an azimuth of 324 degrees 46 minutes 09 seconds (azimuth oriented to Minnesota State Plane Coordinate System) along the northeasterly line of said B1ock 3 Por 193.55 feet; thence on an azimuth of 311 degrees 53 minutes 09 seconds along the southwesterly line o£ St. Peter Street for 52.69 feet to the point of beginning of Line 1 to be described; thence on an azimuth of 234 degrees 10 minutes 14 seconds, 94.36 £eet; thence on an azimuth of 295 degrees 28 minutes 48 seconds,34.26 feet; thence on an azimuth of 234 degrees 59minutes 09 seconds, 128.59 feet; thence on an azimuth of 144 degrees 95 minutes 27 seconds, 6.56 feet; thence on an azimuth of 234 degrees 45 minutes 27 seconds, 33.5 feet; thence run southwesterly 204.88 feet on a non-tanqential curve concave to the southeast, having a radius of '795.9§ feet, a delta anqle of 15 degrees 44 minutes 14 seconds and a chord azimuth of 219 degrees 02 minutes 58 seconds and there terminating; Line 2: Commencing at the most westerly corner of Lot 1, said Block 58; thence on an azimuth oP 96 degrees 35 minutes 08 seconds along the southwesterly line of said Lot 1 for 111.41 feet to the point of beginning o£ Line 2 to be described; thence on an azimuth of 282 degrees 17 minutes 46 seconds for 173.8 feet to the point of termination oP Line 1 described above and there terminating. (Registered property; C/T 338496) TOGETHER WITH: Lots 12, 13, 14 and 15, and those parts of Lots 1 to 11, inclusive, Block 3, Bazil and Guerin's Addition to Saint Paul, and that part of Lot l, Block 58, Irvines Enlargement of Rice and Irvines Addition to the Town of Saint Paul, that lies within the following described tract of land, hereinafter known as Tract A: �-��a Beginning at the most easterly corner of said Block 3; thence southwesterly along the southeasterly line of said Block 3 a distance of 238.22 feet; thence westerly along a curve concave to the north having a radius of 200 £eet to a point on the southerly line of said Lot 1, B1ock 58, distant 124.98 feet easterly from the most westerly corner of said Lot 1, Block 58; thence westerly along the southerly line of said Lot 1,Block 58, to the most westerly corner of said Lot 1, Block 58; thence northerly along the westerly line of said Lot 1, Block 58, to the most northerly corner of said Lot 1, Block 58; thence northeasterly to a point on the northeasterly line of said Lot 7, distant 75 feet northwesterly from the most easterly corner of said Lot 7;thence northwesterly along the northeasterly line oP said Lot 7 a distance of 44 feet; thence northeasterly to a point on the southwesterly line of said Lot 2, distant 129 feet northwesterly £rom the most southerly corner of said Lot 2; thence southeasterly along the southwesterly line o£ said Lot 2 to a line parallel to and 100 feet northwesterly from the southeasterly line of said Lots 1 and 2, Block 3; thence northeasterly along said parallel line to the northeasterly line of said Block 3; thence southeasterly along the northeasterly line of said Block 3 to the point of beginning; except that part which lies southwesterly of St. Peter Street as now located and established (for St. Peter Street see Book 2 Street Openings Page 7) and northwesterly of Line 1 described below: Line l: Commencing at the most easterly corner of said Block 3; thence run northwesterly on an azimuth of 324 degrees 46 minutes 09 seconds (azimuth oriented to Minnesota State Plane Coordinate System) along the northeasterly line of said Block 3 for 193.55 feet; thence on an azimuth of 311 degrees 53 minutes 09 seconds along the southwesterly line of St. Peter Street for 52.69 feet to the point of beqinning of Line 1 to be described; thence on an azimuth of 234 degrees 10 minutes 14 seconds, 94.36 feet; thence on an azimuth oP 245 degrees 28 minutes 4S seconds, 34.26 feet; thence on an azimuth of 23A degrees 59 minutes 09 seconds, 128.59 feet; thence on an azimuth of 144 degrees 45 minutes 27 seconds, 6.56 feet; thence on an azimuth of 234 deqrees 45 minutes 27 seconds, 33.5 Peet; thence run southwesterly 204.88 feet on a non-tangential curve concave to the southeast, having a radius of 745.94 feet, a delta angle of 15 degrees 44 minutes 14 seconds and a chord azimuth o£ 219 degrees 02 minutes 58 seconds and there terminating; except that part of Tract A hereinbefore described, which lies southerly of Line 2 described below: Line 2: Commencing at the most westerly corner of Lot 1, said Block 58; thence on an azimuth o£ 96 deqrees 35 minutes OS seconds along the southwesterly line of said Lot 1 for 111.41 feet to the point of beginning of Line 2 to be described; thence on an azimuth of 282 degrees 17 minutes 46 seconds for 173.8 feet to the point of termination of Line 1 descsibed above and there terminatinq; (Registered property; C/T 338499) TOGETHER WITH that part of Tsacts A and B described below: Tract A: That part of Lots 7 and 8, B1ock 3, Bazil and Guerin's Addition to the City of Saint Paul, according to the plat thereof on file and of record in the o£fice o£ the County Recorder in and for Ramsey County, Minnesota, lying northwesterly of the £ollowing described line: Beginning at the most easterly corner of Lot 2, Block 58, Irvine's Enlargement o£ Rice and Irvine's Addition; thence run northeasterly to a point on the northeasterly line of said Lot 7, distant 75 feet northwesterly o£ the most easterly corner of said Lot 7 and �-�3� there terminating; excepting therefrom that part thereof described as follows: Beginninq at the most westerly corner of said Lot 7; thence southeasterly along the southwesterly line of said Lot 7 a distance o£ 15.6 feet; thence southerly to a point in said Lot 7, distant 73.5 £eet south from the northwesterly line of said Lot 7 and 0.75 feet east from the southwesterly line of said Lot 7; thence westerly 0.75 feet to the southwesterly line of said Lot 7; thence southeasterly along the southwesterly line of said Lot 7 to a line drawn from the most northerly corner of Lot 1, said Block 58, to a point on the northeasterly line of said Lot 7, distant 75 feet northwesterly from the most easterly corner of said Lot 7; thence southwesterly along said drawn line to a line drawn £rom a point on the southeasterly line of said Lot 8, distant 20 feet southwesterly from the most easterly corner of said Lot 8, to a point on the northwesterly line of said Lot 8, distant 32 feet southwesterly £rom the point of beginning; thence northwesterly along said last described drawn line to the northwesterly line of said Lot 8; thence northeasterly along the northwesterly line of said Lot 8 to the poin[ of beginning; Tract B: Lot 2, Block 58, Irvines Enlargement of Rice and Irvines Addition to the Town (now City) of Saint Paul, according to the plat thereof on file and of record in the office of the County Recorder in and for Ramsey County, Minnesota; which lies southeasterly of Line 1 described below and northeasterly of Line 2 described below: Line 1: Commencing at the most easterly corner of Block 3, said Bazil and Guerin's Addition to St. Paul; thence run northwesterly on an azimuth of 324 degrees 46 minutes 09 seconds (azimuth oriented to Minnesota State Plane Coordinate System) along the northeasterly line of said Slock 3 for 193.55 feet; thence on an azimuth of 311 degrees 53 minutes 09 seconds along the southwesterly line of St. Peter Street £or 52.69 feet to the point of beginning of Line 1 to be described; thence on an azimuth o£ 234 degrees 10 minutes 14 seconds, 94.36 £eet; thence on an azimuth of 245 degrees 28 minutes 48 seconds, 34.26 feet; thence on an azimuth of 234 degrees 59 minutes 09 seconds, 128.59 feet; thence on an azimuth of 144 degrees 45 minutes 27 seconds, 6.56 feet; thence on an azimuth o£ 234 degrees 45 minutes 27 seconds, 33.5 Peet; thence run southwesterly 204.88 feet on a non-tangential curve concave to the southeast, having a radius of 745.94 feet, a delta angle of 15 degrees 44 minutes 14 seconds and a chord azimuth of 219 degrees 02 minutes 58 seconds and there terminating; Line 2: Commencing at the most westerly corner of Lot 1, said Block 58; thence on an azimuth of 96 degrees 35 minutes 08 seconds along the southwesterly line of said Lot 1 for 111.41 feet to the point of beginning of Line 2 to be described; thence on an azimuth of 282 degrees 17 minutes 46 seconds for 173.8.feet to the point of termination of Line 1 described above and there terminating. (Abstract property)