06-826y�
Retum copy to: jmb
Pnblic Works Tech. Services
1000 City Hall Anneg
Council File #_�����
Green Sheet # 3032038
RESOLUTION
CITY
Presented by
�
�PAUL, MtNNESOTA
2 SE IT RESOLVED, that, upon the petition of Stuart Nolan, as docuxnented in Public Warks
3 Technical Services, Vacation File Number 11-2006, the public property hereinafter described is
4 hereby vacated of its interest as street right-of-way:
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That part of Benson Avenue lying northeasterly of a line beginning at the
most southerly corner of Lot 17, C. W. Youngman's Rearrangement of
Block 2, Palisade addition to St. Paul, Ramsey County, Minnesota, thence
southeasterly to the most westerly corner of Lot 16, Block 7, Palisade
Addition to Saint Paul, Ramsey County, Minnesota, and there said line
terminates and lies southwesterly of the northwesterly extension of the
southwesterly line of Lot 13, Block 7, of said Palisade Addition; and be it
further
RESOLVED, that, subject to the herein stated exceptions and with the accompanying Utility
Easement Certificates of Intended Non-Use, filed voluntarily on behalf o£ District
Energy/District Cooling St. Paul, a private, non-profit Minnesota corporation; Comcast, a
Pennsylvania corporation; Qwest, a Colorado corporation; made a part hereof by this
reference and filed in the office of the City Clerk of Saint Paul, the City, for itself and on behalf
of these corporations and departments, waives the right to the street right-of-way and utility
easements in the area to be vacated, described above and subject to the following, including:
This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981,
of the Saint Paul Legislative Code as amended, and to the following conditions:
That the petitioners, their successors and assigns sha11 pay $120Q.00 as an administrative
fee for this vacation which is due and payable within 60 days of the effective date of this
resolution.
2. That Northern States Power Company d/b/a Xcel Energy (Gas), a Minnesota Corporation,
shall retain an easement within the vacated area on behalf of Northern States Power
Company d/b/a Xcel Energy (Gas), a Minnesota Corporation, its successors and assigns,
for the purpose of maintaining, repairing and replacing existing underground natural gas
lines for so long as Xcel maintains such natural gas lines in the vacated area. No
buildings, structures, trees or any temporary structures, material storage, fixture or any
other objects which may prohibit normal access to natural gas facilities for maintenance
purposes will be permitted with the easement area.
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3. That the United States Postal Service (IJSPS) delivery shall not be interrupted for the
neighboring property at 2380 Benson Avenue; petitioner agrees to abide by USPS
recommendations and either relocate the current mailbox to a location USPS recommends
or allow access via access permit to the existing maiibox in its current location.
4. That a permanent utility easement shall be retained on, over, under and across the vacated
azea on behalf of the Board of Water Commissioners of the City of Saint Paui to reserve
the right of the Boazd to maintain and operate any water facility in or upon said easement
and to enter upon said easement, or any portaon 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 sha11 be subject to the following
requirements:
a. No buildings, structures, trees or any temporary structure, material storage, fixture or
any other objects which may prohibit normal access to water facilities for maintenance
purposes will be permitted with 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 permission
from Saint Paul Regional Water Services with the understanding that the restoration and
costs of such improvements 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 sha11 be borne solely by the petitioner.
d. No change from the existing grade within the easement area shall be pernritted without
written permission from Saint Paul Regional Water Services.
e. No change in surfacing within the easement area sha11 be permitted without written
permission from Saint Paul Regional Water Services.
f. The petitioner, its successors and assigns shall fully indemnify, defend, and saue
hannless the Board of Water Commissioners of the City of Saint Paul, its officers,
agents, employees, and servants from all suits, actions or clauns which shall 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.
5. That Saint Paul Public Works shall require the following conditions:
a. Sewer easement in the centerline of Benson Avenue must remain, or sewer should be
abandoned.
b. The petitioner sha11 be responsible for the reconstruction of Alton Street at the
west end of the vacated area, which will be necessary to properly eliminate the
appearance of a public thoroughfare, including but not limited to, costs for new
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curb, gutter, sidewaik, boulevard, and storm drains, all to the satisfaction of the
Department of Public Works.
c. The street opening must be closed with B624 curb and gutter. If vacated area is to
be used as a driveway, then a concrete apron (1206C style) B624 curb and gutter
must be built. Future sidewalk is possible here so proper grades must be
maintained.
d. A street light will need to be removed, therefore the Contractor shall contact John
McNatnaza, General Foreman, Lighting — Signal Maintenance, 651-487-7209,
when removal or relocation of existing facilities is required or in the event of
damage to the lighting or signal utilities. The Contractor shall assuxne
responsibility (and related costs) for any damage or relocations.
6. That the petitioner, theu successors and assigns agree to indemnify, defend and save
harmless the City of Saint Paul, its officers and employees from all suits, actions ar claims
of any character brought as a result of injuries or damages received ar sustained by any
person, persons or property on account of this vacation, or the 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 clauns 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 Public Works, City Real Estate, an acceptance in writing of the
conditions of this resolution and sha11, within the period specified in the terms and
conditions of this resolution, comply in all respects with these terms and conditions.
Yeas Na s Absent
Benanav �
Bostrom �
Hazris i/
Helgen �-
Lantry �/
Montgomery ;/
Thune `
Adopted by Council: Date � ,/�� _Q�
Adoption Certified by Council Secretary
By: �
Approved 6, � ay . Date � �� — (J�
By:
Requested by Department o£
• ' 'd �
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Form App� _ Y�y CiZy Attorney
////
By: � w� F��M�--
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Form p e by ayor S, ubmiss' to Council
By:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
U6 ���6
PW - rutaowoiks
ContaM Person & Phone:
Jean Bort�en
2fi6-8866
Must Be on Councilqqeni
O6SEP-06
E-Document Reqnired: N
DOCUm¢IIt ContaCt:
Contact Phone#:
Total # of Signature
77-AUG-O6
�
ltssign
Number
For
Routing
Order
(Clip NI Locations for SignaWre)
Green Sheet NO: 3032038
0
1
2
3
4
5
Departrnent SentToPerson
a f5 Ma rlAssistant
oun '
lerk e
PetiGon to vacate a part of Benson Avenue east of Alton Street, except that part already vacated. (
I V V ��,V ��� V
wanons: appro�e (n) or F
Planning Commission
CIB Committee
Ciul Sernce Commission
Personal Servite Contrac5
1. Has this person/firtn e�er wqked under a contract Tor this depaRment?
Yes No
2. Has this persoNfirtn e�er been a city employee?
Yes No
3. Does this p�sorJfirm possess a skill not nortnally possessed by any
curient city employee?
Yes No
Explain all yes answers on separete sheet and attach to green sheM
Initiating Problem, Issues, Opportunily (Who, WhaR �en, Where, Why):
Pefitioner owns majority of sutrounding property & is consolidating it to build a memory caze center. No re-wning is required and
will not build within vacated azea.
Advanfages MApproved:
Redevelopment plans proceed.
Disadvantages If Approved:
None foreseen.
■ 1
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Au� 212oas
, , ,,
Disadvantages If NotApproved:
Redevelopment will have to be revised or abandoned. .
ToqlAmountof 1200
Transaction:
Funding Source:
Financial infortnation:
(Ezplain)
CastlRevenue Budgeted:
Co1.��'C � Q'e �� c 6 vitYNum 6 er:
auc 29 �oos
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August 11, 200611:00 AM Page 1
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SA[NT
PAUL
�
AMA
CITY OF SAINT PAUL
Christopher B. Colemdn, Mayor
June 26, 2006
�
Bruce Engelbrecht
Valuation Engineer
Real Estate Division
1000 City Hall Annex
Dear Bruce:
OFFICE OF THE CITY CLERK I�1 �1 �g yC�
Shari Moore, City Clerk V
290CityHall Te[.: 651-266-8688
I S W. Kellogg Bou[evard Faz: 657-266-8919
Sain! Pau1, Mtrsnesota 55102
I refer to you to check as to form and sufficiency and for
recommendation, the attached petition of Stuart Nolan for the
vacation of that part of Benson Avenue according to the recorded
plat thereof on file and of record in the Office of the Saint Paul
City Clerk.
Sincerely,
n /?
i�C�c� i J JG�.�
/
Shari Moore
City Clerk
Attachments
AA-ADA-EEO Employer
D (�����
PETITION TO VACATE CITY INTEREST
I(we), the undersigned, consritutiag a majority of the owners (or their legally designated representatives) of the abutting properties, do
hereby petition the Council of the City of Saint Paul to vacate its interests ia the property(ies) legally described as follows:
That part of Benson Avenue extending 130 feet east of Alton Street to that part thereof
already vacated.
I(we) request this vacation for the following reason(s). (Indicate whether you will be building on the site.) Z'h0 re uested area � b2
vacated is a dead-end street. It was previously left op en to provide access to tl�te house at 2�}6
Benson Ave; however that house is scheduled to be demolished. R'e intend to build a memory care
building on Lots 14, �5, 17-19, ,Bloek 7'; galisade A"dclition.
I(we) have attached six copies of the site plans of any development intended for constructioa on the tands to be vacated.
Site plan not yet complete. person(s) es on 'bl f t f ti f
Contact Person
r p si e or paymen o vaca on ee
and for acceptance of the terms and conditions of
thevacation:
Name: SiU2 H. Nolan Name:
Phone: 952-948-9501 Phone:
ada�ess: 1050 West 80th Street ndaress
Minneapolis, MN 55420
Alternate Contact Person
Name: COl1Ptri2y �. pu�n.,(ay Name:
Phone: gy2-948-9524 Phone:
wddress: 1050 West 80th S"treet Address:
Minneapolis, MN 55420
Name:
Phone:
Address:
Name:
Phone:
Addxess:
Stuart H. Nolan
�1Jb �GJ��
Signatures of Owner(s)/Representative(s)
_--�� _
Stuart H. Nolan
Stuart H. olan
of Property(ies) Described Below:
Property ID #22.28.23.22.0035
Property ID #22.28,23.22.Q055
i, Stuart H. Nolan am the petitioner, or one of the petitioners in the above matter; and I do
hereby swear and verify that each of the signatures on this petition was signed in my presence by the person described in the petitioa.
Subscribed and sworn to before me this �`j�
dayof��(,f��� .2006
� � O � -f�'>,/��l,!' `-C' �[.��1^
���% � Not�
Mt+R�J�t A.7HORNE
Nt�$tt�?itlp�iC-�It1IlESOf2 My commission expires j 3 bl�
" ; it:r»itil.z.FIpREXp12S1/311207�
`."�J'��'4t'�a��./�we1
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Stuart/Shelard Management Corporation
Stuart Nolan
1050 West 80th Street
Bioomington, MN 55420-5000
Re: Order No.: 060560
Subject Property: Benson Avenue
St. Paul, MN 55116
AD7ACENT OWNERSHIP REPORT
� � -Sa-�
Commonwealth �and Title Insurance Company does hereby certify that a search of Ramsey County,
Minnesota, public tax records discloses that, as of June 12, 2006, the owners of the properties
abutting the public right-of-way described as that part of Benson Avenue, East ofAlton Street,
except Yhat part thereof already vacated, are as follows:
Pro e Identification No. Fee Owner
22.28.23.22.0035 Stuart Companies
1050 - 80th Street West
Bloomin ton MN 55420
22.28.23.22.0055 Public Food Partners LLP
SO50 - 80th Street West
Bloomin ton MN 55420
22.28.23.22.0056 )olynn K. Kiev
Terry A. Klev
2380 Benson Avenue
St. Paul MN 55116
Also enclosed for your convenience is our memo invoice detailing our costs.
Prepared: June 15, 2006
�-'� •�'°^-�----
This Report cites matters appearing in the pubtic records of Ramsey County, Minnesota and is not
to be 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 Square Court, Saint Paul, MN 55101
Phone: 651-227-8571 Fax: 651-227-1708
Adjacent Ownership Report Page 1 of 1
Df�-s��
FEE OWNER PROPERTY ADDRESS A/T/B
Stuart Companies 2259 Rockwood Ave Torrens (Cert # 283642) &
1050 — 80 St. W St Paul MN 55116 Abstract
Bloomington MN 55420
PIN:222823220035
Public Food Partners LLP 2376 Benson Ave Abstract WD 3753514
1050 — 80 St. W St Paul MN 55116
Bloomington MN 55420 PIN: 222823220055
Jolynn & Terry Klev Torrens (Cerk #351973)
2380 Benson Ave.
St. Paul MN 55116 PIN: 222823220056
Department of Public Works
Bruce Beese, Director
Technical Services/Real Estate
1000 City Hall Annex
Saint Paut, MN 55102
V ��0�
Phone: (651) 266-8850
Fax: (651) 266-8855
CITY OF SAINT PAUL
Christopher B. Coleman, Mayor
July 6, 2006
To All Public Utilities
Or City Depaztments
RE: Our File 11-2006 (Vacation of that part of Benson Avenue east of Alton Street,
except that part already vacated)
The City Clerk has refened to this office for recommendation the petition of Stuart H. Nolan for
the vacation that part of Benson Avenue extending 130 feet east of Alton Street to that part of
Benson Avenue previously vacated.
As indicated, this inquiry pertains to the vacation of City right-of-way only; utility easements may
remain in place even if street usage is removed.
The purpose of this vacation is to allow for development of a Memory Care Center (Seniar Care
Facility), which would not require any zoning variance. The proposed area to be vacated is a
dead-end street that was used to access a property at 2376 Benson Ave. The petitioner has
acquired that property, and no other private property has access from that part of Benson. The
petitioner will be submitting plans for approval that include building on Lots 14, 15, 17-19,
Block 7, Palisade Addition. �
Will you please advise me of any concems you may haue regarding this proposed vacation as
soon as nossible. I would like to receive your comments before July 21, 2006 so I can prepare a
report to the City Council on this matter. If you would rather respond on your letterhead, please
refer to the above listed file number when replying. For your convenience, you will find an
inquiry reply form and Certificate of Intended Non-Use enclosed with this conespondence. For
the vacation of right-of-way only, you may fax or e-mail your reply to us.
If you have any questions regazding this matter, please call me at 651-266-8866.
Sincerely,
Jean Borgen
j ean.borgen@ci. stpaul.mn.us
Public Works — Rea1 Estate
Technicai Services Division
a�-� ac�
CERTIFICATE OF INTENDED NON-USE
TI-� HONORABLE MAYOR AND MEMBERS
OF THE COUNCIL OF TI�
CITY OF SAINT' PAUL
Tn the Matter o£
Vacarion File # 11-2006
The undersigned hereby certifies, on behalf of the indicated deparhnent or company, that it does not
intend to exercise its utility rights in the realty described below:
That part of Benson Avenue extending 130 feet east of Alton Street to that part of Benson Avenue
previously vacated.
except as uere notei.:
DISTRICT ENERGY ST. PAUL, INC., AND DISTRICT COOLING ST. PAUL, INC., HAVE NO
EQUIPMENT IN THE AREA TO BE �ACATED AND HAVE NO OBJECTION TO THE VACATION.
i _���, .,.. ;> � �-,, �}'la,� �.a� 5'�+"e�.�" �`.a.'.�„�- �'
'CL ��S'�v���" f�te...a..._ S`� 11'a..A
Its: �
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STATE OF
MIIVNESOTA
COj.�NTY OF
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sy ` YYl � c.G, a e.X- .D e.a.V` n s �I-�e_ 11 i c.¢- �r2.s : ds--��I' cf 61,�.n..-c..'�iens
of �4w.�,.J� S�t� l'.Y14.t4, � C-e . a I� M i�G� I ICL+b � I ���. �6YY�-da��+-��
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under [he laws of the State of Minnesota. . D
NotaryPublic l�.te...� l/l. O�.�o�J
My comm�ssion expires l...L 0.-rw_e�....� 3 � y a O( O
RETURN SIGNED/NOTARIZED COPY TO 1000 CITY HALL ANNEX, 25 W. 4`" St., ST, ST. PAUL NIN
55102
Ah����. � n �.. �:��� :.
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CERTIFICATE OF (NTENDED NON-USE
THE HONORABLE MAYOR AND MEMBERS
OF TI� COUNCIL OF TT�
CITY OF SAINT PAUL
In the Matter of:
Vacation File # 11-2006
The undersigned hereby certifies, on behalf of the indicated department or company, that it does not
intend to exercise its utility rights in the realty described below:
That part of Benson Avenue extending 130 feet east of Alton Street to that part of Benson Avenue
previously vacated.
except as here note�ls
Comcast
Its: Construction Manaeer
STATE OF
MIIVNESOTA
COUNTY OF
Chisaso
�/��C
Signature
�
The foregoing instrument was acknowledged hefore me this 18th day of Iulv 2006
By I}uaz;e Carlson Yhe Constcuction Manaeer
under the laws ofihe State of Mumesota. .
a Perms Ivania Co .
Notary Public .
My wmmission erzpires Januazv 31�' 2008
RETiJRN SIGNED/NOTARIZED COPY TO 1000 CITY I�ALL ANNEX, 25 W. 4`" St., ST, ST. PAUL MN
55102
SCOTT CHARIES RUPPERT
IVotary Rubiic
Minrresota
My Commissfon Expires 3anuary 39, 2fl08
Uf�-�a-�
CERTIFICATE OF INTENDED NON-USE
THE HONORABLE MAYOR AND MEMBERS
OF THE COUNCIL OF THE
CITY OF SAINT PAUL
In the Matter of:
Vacation File # 11-2006
The undersigned hereby certifies, on behalf of the indicated department or company, that it does not
intend to exercise its utility rights in the realty described below:
That part of Benson Avenue extending 130 feet east of Alton Street to that part of Benson Avenue
previously vacated.
except as here no4ed:
STATE OF
MINNESOTA
C�OUNTY OF 1
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Signature
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The foregoing instrument was acknowledged before me [his day of �1�L�( , 20 ��
By - L>:r� rK'-h n; ��u �, i N � 1 if�. ����Gn.F c�:c; � i�; ��i2
�} [ � ^ i � / /� /
of L�LJ.jcS% C_L'�i6�f} t1Dr� a �GL�J:G,FEi.�O l.�f�'� TL�i�l�T/ON
under (�,nnnn�,npi,i,
LINDAA. JUELICH � �'
Notacy PubGc �� �� - ��u-�"
�, � Notary Public-Minnesota
My Cornmission E�ires Jan 31, 2070 My commission expires �� tiL�'�"" � 1. �.U! (1
RETURN SIGNED/NOTAffiZED COPY TO 1000 CITY HALL ANNEX, 25 W. 4 Sk, ST, ST. PAUL MN
55102
Jean �Borgen � RE� Proposed Vacation 11 2006 _ _._ ____ ___, _ Page 1 m
D(�'$2
From: "Stech Jr, Robert J" <robert.'.stech-jr(a� celenerav.com>
To: "Jean Borgen" <Jean.Borgen@ci.±p ua I mn.us> 1
Date: 8/14/2006 8:18:16 AM
Subject: RE: Proposed Vacation 11-2006
I wili approve the vacation, but to retain our utility rights. ��
I will fill out the proper forms and get them in the mail by the end of this week.
Bob Stech
Specialty Engineer
O�ce: (651) 229-2389
Cell: (612) 240-8546
---Original Message---
From: Jean Borgen [mailto:Jean.Borgen(a�ci.stpaui.mn.us]
Sent: Friday, August 11, 2006 8:57 AM
To: Stech Jr, Robert J
Cc: Bruce Engelbrekt
Subject: Proposed Vacation 11-2006
Bob,
I'm attaching a copy of the proposed resolution regarding this file.
Please note lines 30 - 40. The resolution routes for city signatures
with a cover sheet. The cover sheet will again point out your
objection. This matter is scheduled for public hearing on September 6,
2006. I'm attaching a public hearing notice for your information. You
or any representative of Xcel are welcome at the hearing before City
Council. You will have an opportunity to state your position and be
heard. The Council will then decide or delay the matter. I would like
to notify you by mail also. Please respond with your street address.
Thank you,
Jean Borgen
Tech Svcs - Real Estate
25 W. 4th St., Ste 1000
St. Paul MN 55102
Ph 651-266-8866
Fax 657-266-8855
CC: "Bruce EngelbrekP' aBruce.Engelbrekt@ci.stpaul.mn.us>
�
'■
Ju1.26. 2006 3:23PM Xcel Ener�y Rice St. 3rd Fl
Reply to Vacation Inquiry
File # 11 '
No.3947 P. 1/1
f� �'S �'�
ro: dean Lorgen F ` ° "' : f3o� SrG-�H
Ciry of St Paul
Public Works Technical Svcs
Phone� 266-8866 � � a.j�
a�x 266-8855 F�° ,�9 �,37,
We have no obiections to thi.s vacation
We wiII av�rove this vacation, subiect to the followinQ coadirions:
For the followin� reasons, we cannot ant�rove this vacation:
TFIIS FORhIIS TO YACATE STR�ET .RIGIiT OF WAY ONLT':
Tltcat pttrt of Bertson Avenue extending I30 feet east of Alton Sireet to that part of
Benson Avenue previously yctcated
�.1 e C..a►h v�e'E' a��?POVE
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To: ����,.,,
Jean Borgen From:
Reply to Vacation Inquiry srp -� a �
Flfe # 11-2006 cityofst.Pau1
Public Works Technical Svcs
Phone# 266-8866 Phonen
F� a 266-8855 F� #
We have no objections 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 VACATE STREET RIGHT OF WAY OIVLY :
That part of Benson Avenue extending 130 feet east of Alton Street to that part of
Benson Avenue previously vacated.
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To: Jean Borgen �`°m: -
wa�t�- -.
Reply to Vacation Inquiry
File # 11-2006 c ity of St. Paul
� Public Works Technical Svcs
Phone # 266-8866 �'one #
F� n 266-8855 F� #
We have no obiections to this vacation
We will approve this vacation, subject to the followinQ conditions:
For the following reasons, we cannot apvrove this vacation:
:
TffiS FORM IS TO VACATE STREET RIGHT OF Wfl Y ONLY :
That pan of Benson Avenue extending 130 feet east of Alton Street to that part of
Benson Avenue previously vacated.
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The standard Boud of Water Commissioners easement, whose conditions aze described in
the attached February 8, 2002 Standard Easement Provisions, shall be retained over those
vacated areas that contain water main.
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Standaxd Easement Pr6visions
Soard of Water Cou�missioners
Revision date: Febniazy 8, 2002
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That a permanent utility easemerit sfiall be retained on, over, under and across the vacated area on
behalf of the Board of Water Commissioneis of the City of Saint Paul to. reserve the right of the
Board to mainfain and operate any water faciiity in or upon said easement and to enter upon said
easement, or any portion tliereaf, at any time and from time to tirrie, for the purposes of future
consiruction, reconstruc�ion inspection, maintettance or repair of the same, or any part thereof.
Said utility easement shall be subject to the following requirements: .
a. No buildings, strucnues, trees or any temporary shuctlu materiat storage, fixture,
or any other objects which may prohibit normai access to water facilities for
maintenance purposes will be permitted witYun the easemen� area.
b. Improvements in or npon tlie above described easement that do not pro3ubit tbe Board
from exercising its reserved rights mag be allowed by obtaining written permission
from Saint Paul'1Zeg}onal Water Services with the understauding that the rastoration
and costs of such impxovements sfiall be tlte sole responsibiliry of the petifionex; its
successors and assigns in the e�ent the Boazd exer�ises its reserved easement zights.
c. Should it be necessary that the pefitioner's works or impxoveraents be, removed or `
damaged as a resuIt of Saint Paul Regional Water Services operations, alI removaI,
replacement or modification costs sliall be borne solely by the petitioner.
d. No ckange from the eusting grade within the easement area shall be permitted
witliout written permission from Saint Paul Regional Wafer ServiceS.
e. _ No change in surfacing within the easemerit atea shall be permitted without written
permission from Saint Paut Regional Water Services.
f. - The petitioner, its successors and assi� shall fu11y indeiuut.fy, defend, ancl save
fiaiinles.s the of Water Cqmmissioners of ttie City of Sairit Panl; its officers,
agents; einpToyees, and sarvanYs from all suit`s, actions or claims which"sliall_arise
froin any injuries or dainages received or sustained by any break in any service pipe, ,
water rriain,:or connection in said resezved ea"sement, atising out ofor resulting from
any acrion or negligence of the pefitioner, its employees, agents ar, business invitees.
V:\ENGINEERWG\A6REEMENTS UNIT\VACAiION PEi1TIONS\STANDARD RESPONSES\�EMENT PROVISIONS 02-08-02.DOC
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ro: Jean Borgen F=om: Colleen Paavola
Repty to Vacation fnquiry c�riofsc.Paui c,riofst.Pa,�
File # 11-2006 �blic Works Technical Svcs Public Works
Phone�t 266-8866 Phone# 266-6104
F�a 266-8855 F�� 266-8855
We have no objections to this vacation
We will approve this vacation, subject to the following condirions:
For the following reasons, we cannot approve this vacation:
THIS FORM IS TO YACATE STREET RIGHT OF WAY ONLY :
That part of Benson Avenue extending 130 feet east of Alton Street to that part of
Benson Avenue previously vacated.
Sewer Easement in centerline of Benson must remain, or sewer should be abandoned.
The petitioner shall be responsible for the reconstruction of Alton Street at the west end
of vacated area, which will be necessary to properly eliminate the appearance of a public
thoroughfaze, including but not limited to, costs for new curb, gutter, sidewalk,
boulevazd, and storm drains, all to the satisfaction of the Department of Public Works.
The street opening must be closed with B624 curb and gutter. If vacated azea is to be
used as a driveway, then a concrete apron (1206C style) with B624 curb and gutter must
be built. Fuhue sidewalk is possible here so proper grades must be maintained.
A street light will need to be removed, therefore the Contractor shall contact 3ohn
McNamara, General Forman, Lighting - Signal Maintenance, (651-487-7209), when
removal or relocation of existing facilities is required or in the event of damage to the
lighting or signal utilities. The Contractor shall assume responsibility (and related costs)
for any damage or relocations.
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07/24/2006 10:19 6123306590
Reply to Vacation Inquiry
File # 11-2006
XCEL ENERGY
I To: Jean Borgea
City o£St Pau
Public Worics �'�hnicai Svc:
� # 266-8866
FaCa 266-8855
We Bave no obiections to this vacation —i¢S i o �,�C'��C ,�N �y o
We will appxove this vacation, sub�ect to the followin� conditions: y �
For the followin¢ rEasons, we cannot aprorove this vacarion:
- - -�-°,•• �v.a� v,� WAYOI7LY:
�Ta� Pm7 oj Benson Avenue extending 130 feet ecrst o Alton Sb�E �
lierrs'on Avenue previously vaarted f 1 to that p�J-t �f
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To: Jean Borgen F�om: Martin Ludden
Reply to Vacation Inquiry
Fi{e # 11-2005 c�ri ofsc. ra� in Dlsc_ cn�ef
Public Works Technical Svcs St. Paul Fire
Phone � 266-8866 Phane # 228{281
F�n 266-8855 F�"
We have no objections to this vacation
We will approve this vacation, subiect to the followin� conditions:
For the following reasons, we cannot approve this vacauon:
THIS FORM IS TO YACATE STREET RIGHT OF WAY ONLY:
That part of Benson Avenue extending 130 feet east of Alton Street to that part of
Benson Avenue previously vacated.
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Date
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Reply to Vacation lnquiry
File # 71-2006
ro: Jean Borgen
City of St Paul
From'
Pa«eKs i �C,
eho�e n 266-8866 Pb o�e #
F�a 266-8855 F'x"
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 FORMIS TO YACATE STREET RIGHT OF WAY ONLY:
That part of Benson Avenue extending 130 feet east of Alton Street to that part of
Benson Avenue previously vacated.
7ody Martinez
Signed
Date
7uly 7, 2006
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;Paul Dubrwel CINUs.doc � � � _ m , � _ _ ___ � µ. _ _ Page 2w
Reply to Vacation Inquiry
File # 11-2006
ro. Jean Borgen F `°"`
P�D
Ciry of SC Paul
Public Works Technical Svcs
P��one� 256-$8(76 Phone#
Fax� 2((7-$$5 Fax#
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 FORMIS TO VACATE STREET R �GHT OF WAY ONLY:
That part of Benson Avenue e,etending 130 feet east of Alton Street to that part of
Benson Avenue previously vacated.
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Date
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' Jean Borgen - Re Proposed Vacation 11 2006 � � �� � � Page 1��
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From: Tom Beach
To: Borgen,Jean
Date: 7/24/2006 11:43:06 AM
Subject: Re: Proposed Vaca6on 11-2006
LIEP has no objections to the proposed vacation of Benson.
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)
»> Jean Borgen 7/24/2006 11:21:09 AM »>
This is a second request. Please respond at your earliest convenience. Sorry if we crossed in the mail!
Jean Borgen
Tech Svcs - Reai Estate
25 W. 4th St., Ste 1000
St. Paul MN 55102
Ph 651-266-8866
Fax 651-266-8855
NOTTCE OF PUBLIC HEARING
Notice is hereby given of the petition of Stuart Nolan to vacate part of Benson Avenue east of Alton
Street up to the part already vacated as more fully described on file and of record in the office of the
City Clerk of Saint Paui, Miunesota, wili be heazd and considered by the Saint Paul City Council at a
meeting to be held in the Councii Chambers on the 3rd floor of City Ha11 and Court House on the 6th
day of September 6, 2006 at 5:30 P.M.
Dated: August 11, 2006
Shari Moore
City Clerk
(August 17, 2006)
Interdepartmental Memorandum
CITY OF SAINT PAUL
To: All Council Members
From: Bzuce Engelbrekt (c/o Jean Bargen)
Public Works Technical Services
Real Estate
1000 City Hall Annex
Date: August 11, 2006
RE: Public Works Vacation File No.11-2006 (Vacate Street)
I recommend a public hearing before the Ciry Council be held on September 6, 2006
to consider the petition of Stuart Nolan.
This petition is to vacate unimproved street rights in part of Benson Avenue east of
Alton Street up to the part already vacated.
The purpose of this vacation is to consolidate property to build a future Memory
Caze Center, which would not require any zoning variance for usage. There will be
no building within the vacated area.
This property is located in City Council District 3, Planning District 15.
Nantis/pw/Technical Services/Aeal EstateNacations/2006/07-2006
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Interdepartmental Memorandum
CITY OF SAINT PAUL
To: All Council Members
From: Bruce Engelbrekt (c% 7ean Borgen)
Public Works Technical Services
Real Estate
1000 City Hall Annex
Date: August 11, 2006
RE: Public Works Vacarion Ftile No.11-2006 (Vacate Street)
I recommend a public hearing before the Ciry Coimcil be held on September 6, 2006
to consider the petition of Stuart Nolan.
This petition is to vacate unimproved street rights in part of Benson Avenue east of
Alton Street up to the part a}ready vacated.
The purpose of this vacation is to wnsolidate property to build a future Memory
Care Center, which would not requffe any wning variauce for usage. There will be
no building within the vacated area.
Tlus property is located in City Council District 3, Planning District 15.
Alsntis/pw/fechmral Service�Real Estate/Vaprions�2006/07-2006