06-604Council File #���
Green Sheet # D 8 �,3
RESOLUTION
SAINT PAUL, MINNESOTA ��
1 WHEREAS, a request has been received from Auric Enterprises, Ltd. for the release of e�sting utility
2 easement rights in a portion Livingston Avenue vacated by Council File No. 00-177, approved February
3 23, 2000 (Abstract Doc. No. 3328658 and Torrens Doc. No. 1603178); and
5 WHEREAS, the vacated street in which utility rights aze requested to be released is described as: All that
6 part ofLivingston Avenue as platted in West Saint Paul Proper Zying between the south line of Congress
7 Street and a line parallel with and 175 feet north of the north line of vacated Winifred Street; now,
8 therefore be it
lo RESOLVED, that with the accompanying Utility Easement Certificates of Intended Non-Use, filed
11 voluntarily by Saint Paul Regional Water Services and Northern States Power Company, a Minnesota
12 corporation, dba Xcel Energy, made a part hereof by this reference and filed in the office of the City Clerk
13 of Saint Paul, the City, on behalf of these corporations, release the easement rights to the utility easements
14 in the vacated area referenced above subject to the following conditions; and be it further
15
16 RESOLVED, that Northem States Power Company, a Minnesota corporation, dba Xcel Energy, approves
17 the release of easement rights with reservations, as follows:
18
19 That part of the north 10 feet and the east one-half of that part of Livingston Avenue lying between the
2o south line of Congress Street and a line parallel with and 175 feet north of the north line of vacated
21 Winifred Street described as follows:
22
23 A 10 foot wide strip of land being 5 feet on each side of the following described centerline and sideline
24 extensions thereof Commencing at the northeast corner of Lot 5, Block 1, Rarig Campus; thence on an
25 assumed bearing ofNorth 89 degrees 40 minutes 11 seconds East a distance of 31.02 feet to the point of
26 beginning of the centerline to be described; thence South 03 degrees 20 minutes 27 seconds West a
27 distance of 32. 68 feet; thence South 68 degrees 14 minutes 21 seconds East a distance of 14.43 feet and
28 there terminating.
29
3o RESOLVED, that the petitioners, their successors and/or assigns sha11 pay $300 fee to the City of St. Paul
31 upon receiving a certified copy of this resolution, and be it finally
o�-�o�
32 RESOLVED, that upon passage of this resolution, the City Clerk is hereby authorized and directed to
33 record a copy of this resolution, to be filed by petitioner, in the office of the County Recorder, Ramsey
34 County; and that the City Clerk shall maintain a copy of the Certificates of Intended Non-Use referenced in
35 this resolution on file in the Office of the City Clerk.
� Yeas � Nays � Absent � Requested by Deparhnent oE
Benanav �/
Bostrom � Public Wo cs
Harris �/
Helgen �/
T �,,,.,. By:
Thune
�/ II Forn
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Adopted by Council: Date
Adoption Certified by Council Secretary Fotn
By: g
Approvedby o � Date �j ��j—�
By:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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UeparhnenUoffice/wuncil: Date Initiated:
Pw -�L�Wa� �,Y� Green Sheet NO: 3030903
Conpd Person 8 Phone:
Jean Bcxgen
Must Be on
ContractType:
RE-RESOLUiION
0 �bticWorks jj�bG.E (Ct.�-.- I
1 bS Worka �3� LP�4-Q- De rtm tn'rect
2 orn
3 a or• ce Ma or/As istsnt
4 ouneH
5 luk Gti Clerk
(B PCt,(oL�G W�T�CS
5�e iUOO, GH A J°wn 6�QY'
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Number
For
Routing
`Order
Tota1 # of Sig Pages L_� (Cfip Nf Locations for Signature)
AetionRequested: ������ �,��
Approve release of urility easement rights in a part of previously vacated Liviugston Street. �� -!" �
Recommendations: Appro�e (A) a R
Planning Commission
CIB Commiitee
Ciul Service Commission
Contracts MustMswerthe Following Questions:
1. Has this persoNfirtn e�er wwked under a cont2ct for this departmeM?
Yes No
2. Has this persoNfirm eaer been a city employee?
Yes No
3. Does this persort/firtn possess a skill not nortnally possessed by any
curzent ciry employee?
Yes No
Explain all yes answew on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunily (Who, What, When, Where, Why):
Petitioner requests release of remaining easements in order to sell and redevelop lazger pazcel which contains this azea of previously
vacated Livingston Street.
Advanfages If Approved:
Sale and redevelopment of properry can proceed with least number of easements remaining with parcei.
Disadvanpges If Approved:
None foreseen
� ,�,
Disadvanfages If NotApproved:
Possible non-sale and non-development of property.
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iotalAmounSof $3 �
Transaction:
Funding Source�:
Financial Infortnation:
(Explain)
AcGvity Number:
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Cosf/Revenue Budgeted:
May 27, 2006 12:13 AM Page 1
Januar� ?;.'_o0G
[iruce En,
Public Works
� 000 Cit�� Hall Anner
�� W d St.
St. Paul, MN �5102
Dear Mr. Engelbrekt,
b� �a�f
R�xv�w EcorroNUC DEVEr.or�NT Assoc�,TTON
The Riverview Econanic Development Association is in the process of purchasing the property
at 72 Cesa�r Ch<rvez St. on Saint P�ul's West Side. After reviewing the title work, we found an
c�isemcnt for ai water main on behalf of the City of St. Paul, Board of Water Commissioners on
the on d�c �vetl �vide of the property. We would like to have this easement vucated for a
redevelopment project proposed on the site.
I have included the work from our title search and appreciate your time in looking into this
matter. If you have any questions, please call me at 651-222-6347.
Sincerei��.
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Douglas Copeland
District del Sol Program Manager, Riverview Economic Development Association
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176 Cesar Chavez Street • Saint Paul, MN 55107 DISTRICT DEd, SOL Phone 651-222-6347 • Fax 651-222-8398
www.districtdelsol.com
Warten E. Peterson
lerome P. Filla
Daniel Witt Fram
Glenn A.Berynan
lohn Michael Miller
Michael i Oberle
Steven H. BrUns'
Paul W. Fahning'
Andrew H Muller
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1 � � �
PROFESSIONAL ASSOCIATION
March 7, 2006
Bruce Engelbrekt
Supervisor
City of St. Paul
Department of Public Works Technical Services
25 West 4` Street
100U Ci'ry Hall Annex
St. Paul, MN 55102
RE: Request for Release of Easement Rights
Property Address: 72 Cesar Chavez Street, St. Paul, MN
Owner: Auric Enterprises, Ltd.
Our File No.: 16488.060001
Dear Mr. Engelbrekt:
�� -��,`�
Suite 300
50 Fikh Street East
Si. Paul, MN 55101-1197
(65V} 291-8955
(65q 228-1753 facsimile
vmw.pfb-pa.com
Direct Dial #(651) 290-6908
sbruns@pfb-pa.com
I am writing on behalf of the owner of the above-referenced property which is legally described
as follows:
The North 175 feet of Lots 11 and 12, Block 64, West St. Paul Proper, Ramsey
County, Minnesota, together with that portion of the Easterly half of Livingston Avenue
as vacated by Resolution filed as Document No. 3328658 that accrued to Lot 11 by
reason of said vacation.
I am requesting a release of certain easements reserved by Resolution of the City of St. Paui,
a copy of which is enciosed for your reference.
It is my understanding these easements are not presently being used. In order to clear title to
the property for future development, we are requesting that the easements reserved in the
Resolution accompanying this letter be released.
I understand there will be a$300.00 fee to be paid upon obtaining the Resolution. I also
understand that the Resolution will be in recordable form. I would ask that upon approval of
the Resolution, a certified copy be forwarded to our office for recording.
•ALSO ADMtTTED IN W�SCONSIN
,T / '
March 7, 2006
Page 2
If you require any additional information or have any questions, piease feel free to call. Thank
you for your assistance in this matter.
SHB:cme
Enclosure
cc: Sharon Ashim
John Koneck, Esq.
�
It�turn copy to:
Reai Estate Division
140 GYty Hatl
a�������
CITIt
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Referred To
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Council F51e # t��
Green S'�►eet# teoSree
Committee: Date
Fa
4
5
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7
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BE IT RESOLVED, that, upon the petition of Wilder Fonndation, as documented in Technology and
1VIanagement Services Department File Number 1 �-1999, public properties hereinafter described aze
hereby vacated and discontinued as public property: and, snbject to the herein stated exceptions, the
easements within those public properties are hereby released
11 The property to be vacated is described as follows:
12
13
14
15
16
17
18
19
20
22
22
23
24
25
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27
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All that part of the east and west alley as platted in Vollwer's Rearrangement, lying between the
west line of Robert Street and the east line of Livingston Aveuue; also,
All that part of said Livingston Avenue lying south of a line parallel with, and 131.5 feet north
of, the north line of George Street, and lying north of the westerly extension of the center line of
east and west alley as platted in Vollmer's Itearrangement, iying between the west line of Robert
Street and the east line of Livingston Avenue; also,
All that part of said Livingston Avenue lying between the south line of Congress Street and a line
parallel with aad 175 feet north of the north line of vacated W'vufred Street
30 Tlris vacation shall be subject to the terms and condition of Chapter 130, codified Mazch 1, 1981, of the
31 Saint Panl I.egislative Code as amended, and to the following condirions:
32
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34
35
I 1
2
4
5
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7 2.
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10
Z1
I2
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Ob -60�
ac -�Z�
Thaz the petitionets, their saccessors and assigns shall pay $500.00 as an administrateve fee for
ttris vacation which is due and payable within 64 days of the effective date of this resolutioa.
That apermaneni utility easement, as documented and recorded by document No. 2094649>
including an e�ension of the water maia easement per document No. 2094649 in vacated
Livingston Avenue to the south line of Rarig Campus plat, shall be ratained within the vacated
area on behalf oF the Ciry of Saint Paul> Board of Water Commissioners subject to the following
resuictions:
a. No buiidings, smictures, trees or any temporary structure, material storage, fixtare, or
other object that will pmhibit normai access to water facilities for maintenance purposes
wiIl be permitted within the easement area,.
�
c.
No change from the existiag grade will be permitted without written permission from the
Watex Utility.
No change in surfacing within the easement area will be permitted without written
permission from the Water Utility.
d. The petitioner, its successors and assigns shall fully indemnify, defend and save harmiess
the Boazd of Water Commissioners, its o�cers, agents, employees, and servants from all
suits, action or claims which shall arise &om any injuries or damages received or
sustained by any break in any service pipe, water main, or connection in said reserved
easement, arisi�g out of or resulting from any acdon or negligence of the petitioner, its
employees, agents or business invitees.
That a permanent utility easement sha21 be retained within the vacated area to protect the interest
of Northern States Power Company - Electric as described as follows:
The North 10 feet and the East one-half of that part Livingswa Avenue lying between the
sonth line of Congress Street and a Iine patallel with anfl 175 feet north of the north line
of vacated Winifred Street
43 4. That the Department of Fire and 3afety requires that any changes to the existing condirions
44 may not be made without the approval of Department of Fire and Safety located at the
45 following above described properties and the properEies described in Exlu"bit "A"; and,
E�RIGINAL
���e�
00 -t21
2 5. That, with the accompanying Utitity Easement Czrdficates of Intended Non iTse, filed
3 vnlnntarilo nn _ .
r gas
4 Company, Aistrict Energy St Paul, Incorporated,141CI Metro Incorporated, MediaOne, and'The
5 Deparnnent of Public Works, made a part hereof by this reference and filed in ihe ofFice of the
b City Clerk of Saint Paul, the Citp, for itseif and on behalf of these corporations and departments,
7 waives ihe right to the utilitp easements in the vacated area described above.
9
10
11 6.
12
13
14
15
16
1?
18
19
20
21
22
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That the petiGoners, their successors and assigns agree to indemnify, de#end 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 gerson, persons or
property on account of this vacation or petitioners' use of this property, inciuding but not limite&.
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 wich the law, whether by the petitioners or any of their agents or employees.
25 7. Thatthe petitioners, their successors and assigns shall, within 60 days of the effective date of this
26 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution
27 and shall, within the period(s) specified in the terms and conditions of this resolution, compiy in
28 all respects with these terms and conditions.
2 9
Requested by Department of:
Adoption Certified by Council Secretary
By. -�_ a Y� -
Approved by M�Date -1�r ��' 2�
By: Z
Tecfinoloav 8c Manaeement Services
By: _��'�d"� �������
Director
Form Approved by City Attorney
B �'�l.Jl./w�+�.---- /-26-��
Apgroved by Mayor for Snbmission to Counc�
By: _s����,%�� rYi? ��'GLG/f/
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Adopted by Council� Date � � .���o�
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Contaet person S Phone:
Jean Bomen
ContractType:
RE-RESOLUfION
by (Date):
�Y� � Green Sheet NO: 3030903
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Aetion Requested:
Approve release of utility easement rights in a part of previously vacated Livingston Sheet �� a-��� �d ��'1'z-�° �
xlatians: Appro�e (A) a F
Planning Canmission
qB Committee
CiNI Senice Commission
�uestions:
1. Has this persoNfirtn e�er wwked �mder a contract for this departmerrt7
Yes No
2. Has tFtis persoNfirm e�er bcen a city employee7
Yes No
3. Does this persorJfirm possess a sk�71 not noimaily possessed hy any
curtent ciry emqoyee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, issues, Opportunity (Who, Wha; Whan, Where, Why):
Petitioner requests release of remaining easements in order to sell and redevelop larger parcel wlach contains this area of previously
vacated Livingston Sheet.
Advanqges HqpPrnved:
Sale and redevelopment of prope can proceed witL least nwnber of easemenu remaining with parcel.
r � �� _
DisadvantagesNApProved: �U�I � CJ ZoU� . �
None foteseen
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Disadvantages M Not Approved:
Possible non-sale and non-development of property.
-- �Transaction: $
Funding Source`:
Financial Informatioa:
(Explain)
Cost/Revenue Budgeted: �
Aetivity Number.
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May 27, 2006 12: 93 AM Paqe 1
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CERTIFICATE OF INTENDED NON-USE
THE HONORABLE MAYOR AND MEMBERS
In the Matter of:
CTTY OP SAINT PALTL Vacation File # 06-C-01
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:
The North 175 feet of Lots 11 and 12, Block 64, West Saint Pau] Blks 1 thru 99, Ramsey County,
Minnesota, together with that portion of the Easterly half of Livingston Avenue as vacated by
Resolution filed as Document No. 3328658 that accrued to L.ot 11 by reason of vacation described as
"all of that part of Livingston Avenue ]ying between the south line of Congress Street and a line
parallel with and 175 feet north of the south ]ine of vacated Livingston Street."
The North 175 feeY of L,ots 11 and 12
except as here noted:
STATE OF M(NNESOTA
couN�rr oF RAMSEY }SS
r c„� � [�cpzn�,,,
Saint Paul Regional Water Services
I[s: General Manager
� �,4��� ` I
The foregoing instrument was acknowtedged before me Iltis 21 S t day of MaTCh . 2p��
sy Stephen P. Schneider ��,e _ General ManaQer
of_Saint Pau1 Regional Water Se vices� municipal coruorat"on
underfi la St�t��'�n�e ot��NpGREN
�, - NQ?ARY PUBLIC • MINNESOTA �
MY COMMlSStON '�'�Y �blic
�'' EXPIRES JAN. 31, 2010 ?
My commiss on expire U� a / �
RETURN NOTARIZED COPY TO 1000 CITY HALL ANNEX, 25 W. 4"' SL, ST PAUL 55102
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map is a compilntion of records, irsformation and data /oc¢red in various ciry, counry, stare and fedeml o�ces and other sources regarding the area shown, artd is to
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agrees m defend, indemnifj, and ho/d harmless the CiryYCounp� from an�� and a[[ claims braught by the User, its emplo��ees or agznts, or third parties which arise out
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Number of Pages: 2
TO: JEAN BQRGEN
REPLY TO VACATION INQUIRY CiTY oF ST. Pnui.
Real Estate Divisi
File Number: 06-C-Ol Phone No.
Fas No. 651.266.
RESPONSE
We have no objections to this vacation.
We will approve this vacation, subject to the followin� condi�
f�Ta
we cannot approve this vacation.
FROM: KATHY
XCEL ENERGY
Siting & Land
Phone No.
Fax No. 612.'_
That utility easement rights be reserved in favor of Northern States Power Company, a
Minnesota corporation d/b/a Xcel Energy described as follows:
That part of the north 10 feet and the east one-half of that part of Livingston Avenue
lying between the south line of Congress Street and a line parallel with and 175 feet
north of the north line of vacated Winifred Street described as follows;
A 10 foot wide strip of land being 5 feet on each side of the following
described centerline and sideline extensions thereof: Coxnmencing at the
northeast corner of Lot 5, Block 1, RARIG CAMPUS; thence on an
assumed bearing of North 89 degrees 40 minutes 11 seconds East a distance
of 31.02 feet to the point of beginning of the centerline to be described;
thence South 03 degrees 20 minutes 27 seconds West a distance of 32.68
feet; thence South 68 degrees 14 minutes 21 seconds East a distance of
14.43 feet and there ternunating.
PLEASE PROVIDE A COPY OF THE RESOLUTION WHEREIN THE DESCRIBED
EASEMENT RIGHTS ARE RESERVED.
� !
Signed
Print Signature Kathleen Blomquist
H.�PD5J99�Department InfoVtepty to Vacation Inquiry.doc
Date May 19, 2006
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NORTH LINE OF BLOCK 64 ALSO THE
SOUTH �INE �F CONGRESS STREET
; Po � �
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NE CORNER OF� LOT 5, —�
BLOCK ; 1, RARIC� CAMPUS
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