The URL can be used to link to this page

07-217Return eopy to: jmb Public Works Tech. Services 1000 City Hall Annea 0 Council File # f? 7 v7 /� Green Sheet # �a � S'� RESOLUTION 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 WHEREAS, under the Cooperation Agreement dated March 16, 2Q00 (also called and attached as "MC Contract #00-T-0026") in which Metropolitan Council, the City of Saint Paul and MnDot (the Parties) agreed to acquire four parcels of land at what is now 800 Mississippi Street in Saint Paul. Under the Agreement, the Metropolitan Council would retain title to a certain portion of the four parcels for conshuction of its East Metro Bus Garage. Met Council would convey the remaiuing portion of the four parcels to the City of Saint Paul which would in turn convey its portion to MnDot for the purpose of widening I-35E; and WI�EREAS, a plat of the property entitled East Metro Transit Facility has been prepared, during which preparation it was discovered that portions of the area had not been previously vacated; and therefore BE IT RESOLVED, that, upon the petition of Metropolitan Council, as documented in Public Works Technical Services, Vacation File Number 23-2006, the public property hereinafter described is hereby vacated of its interest as alley and street right-of-way; see attached map, Exhibit A: All that part of the alley in Block 15, Edmund Rice's Trout Brook Addition, that has not been previously vacated, lying between the southerly tioundary line of the vacated Cayuga Street and the northerly boundary line of the vacated Genessee Street; and All that part of Acker Street, that has not been previously vacated, lying between the easterly boundary of the Soo Line Plat No. 6 and the easterly boundary of Mississippi Street; and be it fiu�ther RESOLVED, that, subject to the accompanying Certificates of Intended Non-Use, filed voluntarily on behalf of: Public Works Department, City of Saint Paul, a municipality; District Energy/District Cooling St. Paul, a private, non-profit Minnesota corporation; Northern States Power Company dba Xcel Energ,y — Gas Division, a public utility; 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 deparhnents, waives the right to the alley and street right-of-way and utility easements in the area to be vacated, described above. ; CITY OF SAINT PAUL, MINNESOTA ��i� 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 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 condirions: 1. That the petitioner, their successors and assigns agree to indemnify, defend and save harn�less the City of Saint Paul, its officers and employees from all suits, acrions or clauns of any chazacter brought as a result of injuries or damages received or sustained by any person, persons or property on account of this vacation, or the petitioners' use of this properiy, 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. 2. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this resolution, file with Public Works, City Real Estate, an acceptance in writing of the conditions of this resolution and shall, within the period specified in the terms and conditions of this resolution, comply in all respects with these terms and conditions; and be it fiirther RESOLVED; that the proper City Officials are hereby authorized and directed to accept the remainder of the four parcels of land from Metropolitan Council for reconveyance to MnDot for the purpose of widening I-35E. Requested by Department of: � � u� � ,� � ;� �� /�� Form � Form Ap ve Ma for sion t ouncil By: Adoption Certified by Council Secretary BY � SOi'J Approve by a o. ate /J By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � . � � �� 7 P�I�i —Public Works 72-FEB-07 Green Sheet NO: 3036951 Contact Person & Phone: Jean Borgen 266-8866 Must se on Gouncil Agend� 07-MAR-(17 Doc. Type: RESOLUTION E-DOCUment Required: N Document ConWCt: Contact Phone: Tota1 # of Signature Pages � Assign Num6er Foi Routing Order Locations for Signature) 0 uhlic Works Paul Kura 1 �ublicWorks I DeVarimentDirec[or I 2 ' Attorne 7ad Iianson 3 a or's Office Ma orlASSis�nt 4 oancil 5 Clerk Ci Clerk PUBLIC HEARING. Pefition to vacate an alley and a small portion of Acker on the property upon which East Metro Trensit Garage has been built. Also to allow future transfer of properiy between Metropo&tan Council, City of Saint Paul and MN Dot per previous Cooperation Agreement. (a�Ckae1-, Planning Commission CIB Committee Civil Service Commission 1. Has this persoNfirm ever worked under a contracl for this department? Yes No 2. Has this pereoNfifin ever been a city employee? Yes No 3. Does ihis person/firm possess a skill not nortnally possessed by any cuvent city employee? Yes No 6cplain all yes answers on separate sheet aM attach W green sheet Initiating Problem,155ues, Opportunity (Who, What, When, Where, Why): - Metropolitan Councii is platting properry and found small previously unvacated azeas. Property exchange is to ailow for wide�ing of I-35E. � AdvanWges If Approved: City will be in compliance with previous Cooperation Ageement & Metropolitan Council can proceed with platting. � Disadvanqges If Approved: None foreseen. FEB 2 6 2007 Disadvanfages ti Not Approved: � � City would not be in compliance with previous Cooperation Agreement & Metropolitan Council would have clouds on Gfle for platting. � - � � �` "°•"°�" °1 CastlRevenue Budgeted: � � � � � � Trensactio�: Funding Source: Activity Num6er: �i °`�.i' �� i �JUi Financial lnfortnation: (Explain) �`OL'i!"Q�i� ��S��FC�1 ��1t�P FEB 2 6 2009 ��'� �" ` �`��> February 12, 2007 2:30 PM Page 1 d� �i� Interdepartmental Memorandum CITY OF SAINT PAUL To: All Council Members From: Jean Borgen Public Works Technical Services Real Estate 1000 City Hall Annex Date: February 12, 2007 RE: Public Works Vacation File No. 23-2006 (Vacate Alley & Part of Street) I recommend a public hearing before the City Council be held on March 7, 2007 to consider the petirion of Metropolitan Council. This petition is to vacate alley rights in Block 15, Edmund Rice's Trout Brook Addition, and part of Acker Street not previously vacated, between Soo Line Plat No. 6 and Mississippi Street. The purpose of thi s vacation is to allow for platting the area where the Metro Bus Garage exists. The building has been completed within the area to be vacated. This property is located in City Council District 5, Planning District 5. AlanSs/pw/Technical ServicesBeal Estate/VacaSons/2006/07-2006 � w � Q � � Q v� -� � Z � � � o ^ �� o � w q o� O�3�g N x (� O Y � ��.❑'— � S C � II � � � p < o�va Xq N :. � z p� � �;z= �� O �" � m � � U � `n W O � a � � � 0., � � Il i �s 4 �^�� ,i ��\�I i i ��l �� d � �. ��.\ !` 1� .�'� I Sa� � �� 1q_� _ — � . � i 5 . , � �, (� ; 4 - - - _ �..,;�., ,,;.;.. - � , � '` � �d� _� �--- — 5 /� �� / I J — ` sl' � ° � � �"\ \" Ij' \ � � � �.: � c L ` � ` ':� � 4 3 � i+ i s a a,s e�o n�x v� ��(\� m�� \ � i� � e '° �J �, z ? zs l� � ` a _ - — �\\ � � \ � \@'�`� ` �..,°,.,�°'".o I/ . � �. �I � z> y _ p _ — _ — _\\ \\I c�D � �\ �� ' . �. T�r� --� i � `- - p� ��y �1,� ' mi „d�� zg., �\ ' � .� s \ g i� I 1 J r �— i Q J f J�� ,<{>aoJ ~� � _ _ — � � �'�� . W �,.°° __ 1 U _ g m � m\ � 1 � �� e ��\ \`\ N � � I I � g � � g �.:.� 1 \ , Q ` I 1 � --I::: I� �\ i p � i u _"_ ' � s � _ � al � t ti , \1 � � � `N � �u I �� s � w � �' �\°� ` � � � , a m _ _ `:> / � i j -� � _ •� _ - `� � � `� ;� i i�i�-- - - :.._ � ;� i /7 i / iJl`___ $:: �:: _ , �:. �� .. .�i � ,� r _ R �, i � p1- � p� �y �� °«*.., x� a � � 1/ _ - - o � , �, � � � •.�.,m �� / � i� �� '' � " °'� `.� J , � x �� w m ",� n' i _� L � ., — I '; � r� _ _ —1 � \ ° � / r , xQ° °�,R' �,R _ ,3 ��nr — — , `m = � � y �� " ` , 5 � L _1 ,�� .� � � — i _ � o � �� ,e �,. 9,� 1 �&� J �/ / �..; R� �� ,��I � � i I _ � I I \ r \ � °\ ! Y /�� \ x � ,� / 1 � '�� 1 � 1 ' � j� � 1 � e� = _ _ - b�.�J ~ �L � � � ' � drU ` �\ �4- \ y I � �x � � �,. � p+ � j � x h '� l�1 w 4V � e i i...�. �. l) ; � L �� ,h�e�� i A � n � , � �. \ �\ � o� � f•� '"� 1 • 4 \ � :�. � �h \� � V s'�R \�'��q ( � r � \ K� ` � \ \� � ;�} ; \\ � u\ \ `�\ � T � �•`;��< ; �, I R �Q � � A cx . \ � � � � A s � � Exhibit A b7"�/7 hfc C.�Yy' p� _ 7 _ COOPERATION AGREEMENT BETWEEN THE MEIROPOLTTAI� COIINCIL, THE C1TY OF SAINT PAUL AND MNDOT WTTH RESPECT TO ACQULSTTION OF 5IT'E FOR EAST METRO BIIS GARAGE ��/ � Tlus Agreement, effecrive on the date of eacecutiou by all parties, is made and emered into by and between the Metropolitan Council, a puhlic corporation and political subdivision of the State of Mmnesota, hereinafter refetred to as the "Council," the City of Saint Paul, a municipal corporarion, hereinafter referred to as "St. Paul" and the State of M'innesota through its Department of Transportation, hereinafter re£erred to as "MnDOT" BACKGROUND RECITALS l. The Council has deternuned that it must construct a new bus storage facility in the City of St. Paul. 2. Pursuant to I.aws 1998 chapter 389, Art. 3§ 22, the State Legislature required the Council, St. Paul and the Minnesota Department of Transportation to jointly assess the feasibility of locating the bus storage facility near 1V7ississippi and Cayuga and I-35E in St. Paul and, if the Councii determined feasibility, required that the firsf priority.for siting of the bus storage facility be at that location. 3. St. Paul and MnDOT aze in support of the location of the bus storage facility at the Mississippi and Cayuga location. 4. At its October 22, 1998, meeting, the Council chose a site in St. Paul, Minnesota, hereinafter referred to in ttus Agreement as the "Mississippi and Cayuga Site" as the location for a new Metro Transit bus facility, hereinafter refetred to in this Agreement as the "East Metro Bus Crarage." � 5. The Council's October 1998, recommendation of the Mississippi and Cayuga Site for the East Meuo Bus Garage was contingent ugon signed agreements with ot6er units of local govarnment which commit these units of locai govemment to complete required actions and assist the Council in securing sufficient additional funding or in-kind contributions. 6. St. Paul, in order to accomplish its Phalen Boulevazd Project, must acquire future right-of-way for the proposed I-35E realignment. 7. The Mississippi and Cayuga Site for the East Metro Bus Garage and the future right-of-way for the proposed I-35E realignment occupy different portions of three parcels of land in St. Paul, identified on Exhibit A attached hereto and made a part hereof. The three gucels are identified on Eachibit A as the Action Auto Parts parcel, the Canadian Pacific parcel and the St. Paul Water Utility parcel. -1- o >-�� 8. In addition to the three pazcels listed in pazagraph 7 above, the future right-of-way for the I-35E realignment ocwpies a fourth parcel, identified on Extubit A as the Advanced Recycling parcel. 9. St. Paul and MnDOT agree that the area shown on Earhibit A attached hereto as the proposed I-35E realignment accurately represents its plans for future I-35E realignment and the fuhue right-of-way that must be acquired to implement the future I-35E realignment. 10. For purposes of this Agreement, the term "fuhue right-of-way for the I-35E realignmenY' or "future I-35E realignment right-of-wa}�' means those portions of the Action Auto Parts, Canadian Pacific, St. Paul Water Utility and Advanced Recycling parcels shown on Exhibit A to be fuhue right-of-way for the proposed I-35E realignment. 11. St. Paul will acquire future right-of-way for the proposed I-35E realignment. The Council acknowledges that St. Paul cannot purchase the property prior to receiving either FHWA's record of decision on the proposed I-35E realignment or special approval from the FHWA to purchase specific properties. St. Paul, in order to facititate the construction of the East Metro Bus Garage, agrees to proceed with certain acquisition activities prior to its receipt of the FFIWA record of decision. St. Paul agrees that it will obtain the FHWA record of decision as expediendy as possible, and, if necessary, secure special FHWA approval to meet deadlines put forth in this document. 12. Pursuant to Minnesota Statutes § 4'71.59, the Council, St. Paui and MnDOT have determined that it is in their best interests and in the best interests of the public to pursue acquisition of the Mississippi and Cayuga Site for the East Metro Bus Garage and the future I- 35E realignment right-of-way in a cooperative manner, and to share the responsibilities for and costs of acquisition of the four parcels identified in Extu'bit A to this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the mutual undertakings and agreements set forth below, the sufficiency of which has been agreed to by the parties, the Council, St. Paul and MnDOT agree as follows: I. Acquisition Process Itrtroduction The NTississippi and Cayuga Site for the East Metro Bus Garage and future right-of-way for the proposed I-35E realignment occupy differern portions of three parcels of land in St. Paul, identified on Eachibit A attached hereto and made a part hereof. The three pazcels are identified on Exhibit A as the Action Auto Parts parcel, the Canadian Pacafic parcel and the St. Paul Water Utility pazcel. -2- o�-ar In addition to the three parcels listed above, the future right-of-way for the I-35E realignment occupies a fourth parcel, identified on Eulu'bit A as the Advanced Recycling pazcei. I. Council and St. Paul anticipate that the acquisition process for the four parcels identified in Exlubit A will consist of the following steps: a. Survey of the four parcels. Environmental site study on all four parcels. c. Appraisals of the four parcels including both a land and building appraisal of all four pazcels, and a fixture appraisal of Action Auto Parts and Advanced Recycling pazcels. d. Review appraisals of all of the appraisals listed in subpazagraph I(c) above. e. Relocation of the businesses located on the Action Auto Parts and Advanced Recycling parcels and conshuction equipment storage on Canadian Pacific parcel. f. Negotiations with properry owners and other parties with an interest in all four parcels for acquisirion of all four parcels. g. Title examination for all four parcels and resolution of title problems. h. Environmental assessments for the Council's East Metro Bus Garage project and St. Paul's Phalen Boulevard Project. i. Closings on all four parcels. j. Initiation of condemnation proceedings on those parcels which cannot be acquired through the negotiation process. k. Subdivision of the Action Auto Parts, St. Paul Water Utility and Canadian Pacific parcels either by lot split or replat into parcels needed by the Council for the East Metro Bus Garage and by St. Paui for future I-35E ' realignment right-of-way. 1. Conveyance by the Council to St. Paul of parcels needed by St. Paul for future I-35E realignment right-of-way. m. Crrant of temporary consriuction easements by St. Paul to the Council on the fuhue I-35E realignment right-of-way for conshuction of the East Metro Bus Crarage and grant of permanent easements and permit to the Council by St. Paul for storm drainage, sewer and ponds, and roads, including areas along the roadways for snow storage, on the firture I-35E realignment right-of-way parcels. -3- c� �-a � � n. Grant by MnDOT to the Council of access to Ivfississippi Street and, after I-35E realignment, access to the I-35E west frontage road and Cayuga Sueet. o. Environmental Remediation and Demolition. 2. Council, St. Paul and MnDOT will share the responsibility for and costs of the accomplishment of the steps of the acquisition process listed in Paragraph I, subparagraph 1 above as sgecifically set forth in this Agreement. 3. For the purposes of this Agreement, Councii, St. Paul and MnDOT agree that the line identified in Exhibit A as "Appro�nate ROW Line" is the line which designates the approximate boundary between ihe parcels or portions of parcels within the future I-35E realignment right-of-way and the portions of parcels within the Fast Metro Bus Garage site. As shown on E�ihit A, Council, St. Paul and MnDOT agree that the Advanced Recycling parcel and the portions of the Action Auto Parts, Canadian Pacific and St. Paul Water Utility parcels to the north and west of the approximate ROW Line are within futuie I-35E realignment right-of- way and that the portions of the Action Auto Parts, Canadian Pacific and St. Paul Water Utility parcels to the south and east of the approacimate ROW Line are in the East Metro Bus Garage site. 4. For purposes of this Agreement, Council, St. Paul and MnDOT agree that the approximate size of the four parcels and the approximate square footage of the fuhue I-35E reaIignment right-of-way portions and East Metro Bus Garage site portions of the parcels are shown on the chart attached hereto as Exhibit B and that the term "St. Paul Portion" means that parcel and portion of parcels within the future I-35E realignment right-of-way and the term "Council Portion" means the portions nf parcels within the East Metro Bus Garage site. The final I-35B ROW line shall be approved by Council, St. Paul and MnDOT staffbased upon completion of the survey provided for in Paragraph II of this Agreement. The final square footages oFthe estimated values presented in Exhibit B will be calculated based on the final survey and the final I-35E ROW line. 5. Unless otherwise specificalty provided in this Agreement, the services provided by staffs of the Council, St. Paui and MnDOT to each other in order to accomplish the terms of this Agreement will be at no cost to each other. As more specifically provided further in this Agreement, the Council will obtain certain services necessary for the acquisition of the parcels by the Gouncii for the East Metro Bus Garage and by 5t. Paul for firture I-35E realignment right-of-way. The costs of such services will be divided and St. Paul will reimburse the Council for such services on a proportionate basis based upon the Councii's and St. PauPs proportionate share of the total final square footage of the pazcel or pucels for which the Council has obtained the services. For purposes of this Agreement, therefore, the term "on a proportionate basis" means each parry's percentage deternrined by dividing the total number of square feet of the parcels for which the St �, services are performed by the number of squaze feet in each party's portion of the parcel. 6. Council, St. Paul and MnDOT agree that the services to be performed by andlor provided by the other party will he performed and/or provided in a timely manner. For purposes of this Agreement, the term "in a timely manner" means performance of the services, to the greatest extent possible, in accordance with the dates set forth in this Agreement and the Eachibits to tlris Agreement. 7. For the purposes of this Agreement, MnDOT's responsibilities are limited to those obligations and responsibilities specifically set forth in this Agreement and shall not include any reimbursement to either the Council or St. Paui for performance of the services by either the Council or St. Paul as provided in this Agreement. MnDOT agrees, however, that services provided by MnDOT staff to either the Council or St. Paul in order to accomplish MnDOT's obligations and responsibilities pursuant to this Agreement, will be at no cost to either_the Council or St. Paul. d� an II. Survevs Council's on-staff registered land surveyor will survey all four parcels and provide to St. Paul the survey which will inciude legal descriptions of each of the four parcels. St. Paul's on-staff surveyor shali provide assistance as needed to CounciPs surveyor. �� Subsequent to acquisition by the Council of the Action Auto Parts, St. Paul Wa Utility and Canadian Pacific parcels, Council's on-staff registered land surveyor will prepare surveys and legal descriptions of the three parceis subdivided into the St. Paul portion - i.e. - future I-35E tealignment right-of-way and the Metro Transit portion - i. e. - the East Metro Bus Crarage site. If a replat of either all four parceis or the three subdivided parcels is necessary, Councii's on-staff registered land surveyor will prepare the new plat and perform such other services necessary to accomplish and record the new plat. Council will provide the new plat to St. Paul. St. Paul is not obligated to reimburse Council for services performed hy Council's on-staff registered land suzveyor to produce the surveys, legal descriptions and replat of the four parcels, provided, however, that i� for any reasoq Council's on- staff registered land suiveyor is unable to provide the services necessary to produce the surveys, legal descriptions and plat or plats necessary to accomplish the acquisition of one or more of the four parcels in a timely manner, Council and St. Paui agree that Council will retain the services of a professional registered land s�rveyor necessary to accomplish the acquisition of one or more of the parcels in a timely manner and St. Paui shall shaze the costs of the professional land surveying services on a proportionate basis as that term is defined in Paragraph I(5) of this -5- 0 7 �/7 Agreement. 4. St. Paul shall provide its staff experkise and support to tfie Council with respect to the subdivision and replatting process and to the greatest extent possible expedite the subdivision and, if necessary, replat of the parcels into the future I-35E realignment right-of-way parcels and Fast Metro Bus Garage parcels. 5. The Council and St. Paul shall shaze the cost of administrative and recording fees incurred by the Councii with respect to the subdivision and repiatting of the four parcels into the future I-35E realignmem right-of-way pazcels and the East Metro Bus Garage pazcels on a proportionate basis. III. Environmental Site Studies The Council has obtained the professional services of PEER Environmentai & Engineering Resources, Inc. ("PEER") and PEER has completed and suhmitted to the Council a Phase I Environmental Assessment and a Phase II Environmental Investigation for the four pazcels, i.e., Advanced Recycling, St. Paul Water Utility, Canadian Pacific and Action Auto Parts, shown on E�chibit A. 2. The Council has provided to and St. Paul has received a copy of PEER's Phase I Environmental Assessment and a Phase II Environmental Investigation. St. Paul will reimburse to the Council, on a pmportionate basis, the costs incurred by the Council for the Phase I and Phase II services and reports provided to the Council by PEER and for MPCA review and approval of the Phase I and Phase II reports. Specifically as of the date of this Agreement, the costs incurred by the Council for PEER's services and Phase I and Phase II reports is $46,533.00. The costs incurred by the Council for MPCA review of the Phase I and Phase II reports is approximately $3,100.00. 4. St. Paul will reimburse the Council for costs for future additional environmental site studies on the St. Paul Water Utility, Canadian Pacific, Action Auto Parts and Advanced Recycling sites on a proportionate basis if such additional site studies are determined mutuaily by the Council and St. Paul to be necessary. 5. St. Paul will reimburse to the Council, on a proportionate basis, the costs incurred by the Council for a remediation Response Action Plan for the Action Auto Parts, St. Paul Water Utility, Canadian Pacific and Advanced Recycling sites, shown on Exhibit A provided to the Council by Braun Intertec Corp. (`Braun") and for MPCA review and approval of the Response Action Plan. Specifically, as of the date of this agreement, the costs incurred by the Council for � o �-�� Braun's services and the prepazation of Response Action Plan is estimated to be $35,000.00. The costs to be incurred by the Council for MPCA review of the Response Action Plan is estimated to be $3,000.00. N. Ap rp aisals 1. The Council has obtained the professional services of Herman Appraisals, Inc. to prepare and provide to the Council in a timely manner land and building appraisals for the three shazed sites - i.e. - the St. Paul Water Utility, Canadian Pacific, and Action Auto Parts sites, shown on E�chibit A, (hereinafter referred to as the "Land Agpraisals"). 2. The Council has obtained the professional services of Pelton Appraisals, Inc. to prepare and provide to the Council in a timely manner a fixture appraisal for the Action Auto Parts site (hereinafter referred to as the "Fixture Appraisal"). St. Paul will reimburse to the Council, on a proportionate basis, the costs incurred by the Council for the Land and Fixture Appraisals. As of the date of this Agreement, the estunated cost of the L,and and Fixture Appraisals is $29, 500.00. 4. The Land and Fixture Appraisals shall be performed and the reports shall be prepared in accordance with the requirements of the federal Uniform Real Property Acquisidon and Relocation Act and applicable state law. 5. The Council has provided a copy of the Fixture Appraisal to St. Paul. Upon completion of the Land Appraisals and receipt of the reports by the Council, the Council shall provide at least one copy of the Land Appraisals to St. Paul. 6. St. Paul will have the sole responsibility for and obiigation to bear the costs of obtaining an appraisal or appraisals for the Advanced Recycling site as shown on Exhibit A. V. Review Appraisals 1. Council has obtained the professional services of McKinzie Meuo Appraisals to prepare and provide to the Council on a timely basis review appraisals of the Land and Fixture Appraisals (hereinafter referred to as "Review Appraisals") for the three shared sites shown on Eachibit A- i.e. - the St. Paul Water Utility, Canadian Pacific and Action Auto Parts sites. 2. St. Paul will reimbwse to the Council on a proportionate basis the costs incurred by the Council for the Review Appraisals. As of the date of this Agreement, the cost of the Review Appraisals is estimated to be $5,250.00. -�- o�-a�� 3. The Review Appraisals shall be perFormed and tfie reports shall be prepazed in accordance with the requirements of the federal Uniform Real Property Acquisirion and Relocarion Act and applicable state law. 4. Upon completion of the Review Appraisals and receipt of the reports by the Council, the Council shall provide at least one cogy of the Review Appraisals to St. Paul. 5. If a Review Appraisal is necessary, St. Paul shall have the sole responsibility for and obligation to bear the costs of obtainuig a Review Appraisal for the Advanced Recycling site as shown on Exlribit A. VI. Relocation The Council has retained the services of Conworth, Inc. to provide to the Council on a.timely basis relocation services to relocate the business located on the Action Auto Parts parcel and the construction storage facility on the Canadian Pacific parcel, as shown on Exhibit A, which relocation services include.the services of a reai estate broker to search for a new site for Action Auto Parts, Inc., all of which aze hereinafter referred to as "Relocation Services." 2. St. Paul will reimburse to the Council on a proportionate basis the costs incutred by the Council for the Relocation Services. As of the date of tlus Agreement, the cost of the Relocation Sen+ices is estimated to be $15,000.00. 3. The Relocation Services shall be performed in accordance with the requirements of the federal Uniform Real Property Acquisition and Relocation Act and applicable sfate law. 4. Llpon completion of the Relocation Services and receipt of a relocafion report by the Council, the Council shall provide at least one copy of the retocation report to St. Paul. 5. St. Paul shall have the sole responsibility for and obligation to bear the costs of obtaining relocation services for the Advanced Recycling site as shown on ESrhibit A. 6. St. Paul, through its Department of Planning and Economic Development will cooperate with the Council's relocation specialist by providing, if available, information on availability of relocation sites for Action Auto Parts, Inc. and the construction storage facility on the Canadian Pacific parcels. 7. Council and St. Paul agree that in addirion to the relocation of the Action Auto Parts business from the pazcel identified as the Action Auto Parts parcel on Exhibit A and relocation of the constniction storage facility from the Canadian Pacific � d 7-�/� parcels identified on Exhibit A, there are other items on the Action Auto Parts, Canadian Pacific and St. Paul Water Utility parcels wlrich may require relocation. Council and St. Paul agree that the other items la►own to all parties are listed in Exlu'bit C attached hereto and made a part of this Agreement and further agree that the responsibility for and obligations �or both relocation of and reimbursement for relocation of the facility is as set forth in E�ibit C. Relocation of the facilides listed in E�ibit C shall be completed in a tnnely manner in accordance with dates set forth in Eachibit C. VII. Negotiations for Acquisition of Parcels 1. Council staff shall, in a timely manner, conduct negotiations for acquisition of the three shazed pazcels - i.e. - the St. Paul Water Utility, Canadian Pacific and Action Auto Parts pazcels, as shown on Exhibit A, and shall have Conworth, Inc. conduct the relocarion of the businesses &om the Action Auto Parts and Canadian Pacific sites. St. Paul shall provide its staff expertise and support to Council with respect to acquisition of the St. Paul Water Utility parcel and to the greatest extent possible etcpedite the acquisition of the St. Paul Water Utility parcel. 2. St. Paul will reimburse to the Council on a proportionate basis the cost of the acquisition of and relocation from the three shared parcels as described in Subpazagraph i above, which acquisition cost will be reimbursed by St. Paul without reduction for the easements and permit described in Paragraphs 3�II and 7�II of this Agreement provided, however, that if the negotiated price for the Action Auto Parts parcel reIIects a reduction due to the fill in the southeast corner of the pazcel (all of which is in the bus garage portion of the parcel), Council is to receive full value of that price reduction, in retum for which Councii will bear the cost to correct the fill area ofthe pazcel as necessary for construcdon ofthe East Metro Bus Facility. 3. Payment of acquisition or relocation costs from any of the three shared parcels in excess of the appraised value and/or in excess of the amount of relocation benefits provided by federal or state law shall be by mutual consent of the Council and St. , Paul, provided, however, that either the Council or St. Paul may agree to acquire one or more of the three shared parcels for a cost in excess of the appraised value and/or in excess of relocation benefits provided by federat or state law if the acquiring party bears the full amount of the acquisition.or relocation costs in excess of the other party's proportionate costs based upon the appraised value of the property or relocation benefits provided by federal or state law. 4. St. Paul shall have the sole responsibility for and obligation to bear the costs of obtaining negotiation services, if necessary, for the Advanced Recycling parcel, as shown on Exhibit A and for costs of relocation of the business from the Advanced � 0 7'�/7 Recycling, Inc. parcel. 5. The responsibility for and obligations for relocation of and reimbursement for relocation of the items listed on Elchibit C will be as set forth in Exhibit C. VIII. Title Examination The Council will obtain ritle commitments, title commitment updates and tide policies for the three shazed parcels - i.e. - St. Paul Water LTtility, Canadian Pacific and Action Auto Parts, Inc. and for the Advanced Recycling parcel and shall provide copies of the title commitments and policies to St. Paul upon receipt by the Council. As of the date of this Agreement, the Council has provided to St. Paul a copy of the title commitment for the three shazed parcels and the Advanced Recycling parcel. 2. The title commitments and policies shall insuce Council and/or St. Paul, as appropriate, as owner of fee title interest in the four parcels as shown on E3chibit A. Upon receipt of the title commitments, the Council shalt take such steps as are indicated by the tide commitment as necessary to obtain mazketable title to the three shared parcels - i.e. - St. Paul Water Utility, Canadian Pacific and Action Auto Parts, Inc. If Council determines that it will accept title to any of the three shared parcels subject to certain exceptions not listed in the title commitment or in Exlribit C to this Agreement, and such exceptions are appiicabie to St. Paul's portion of the shared parcels, the Council shall obtain approval of St. Paul for such excsptions prior to closing. 4. St. Paui will reimburse to the Council on a proportionate basis the costs incurred by the Council for the title commitments and policies, provided, however, that "for the purposes of detemuning the groportionate basis for the title policies and commitments, the amount of the title insurance premium related to land value only will be used to determine each party's proportionate basis of the premium. S. St. Paul shall take such steps as aze indicated by the title commitment as necessary to obtain marketable title to the Advanced Recycling parcel. IX. Environmentai Assessment The Council shall have responsibility for preparation of and beaz the costs of the Environmentai Assessment Worksheet for its East Metro Bus Garage project. 2. St. Paul shall have responsibility for preparation of and bear the costs of the Em�ironmental Assessment Worksheet and/or Environmental Impact Statement for its Phalen Boulevard pro}ect, including acquisition of the future I-35E realignment -10- 0 7 �/7 right-of-way located on the pazcels described on Eadubit A attached hereto. 3. The Counci! and St. Paui shall complete their respecrive environmental assessments/'unpact statement in a timely manner. X. Closin¢s In a timely manner, the Council shall acquire title to each of the three shared parcels, in its entirety - i.e. - the St. Paul Water Utility, Canadian Pacific and Action Auto Parts pazcels. 2. Council legal staff shall prepare all documents necessary for and conduct the closing on each ofthethree shared parcels. 3. Subsequeirt to closing, Council legal staff shall record the appropriate closing documents with the Office of the County Recorder, Ramsey County, Minnesota, and shall provide a copy of each of the closing documents to St. Paul. St. Paul shall reimburse to Council on a proportionate basis administrative and recording fees related fo the closing documents. 4. St. Paul shall have sole responsibility for and bear the costs of acquisition of ritle to and the closing for the Advanced Recycling pazcel. St. Paul shall acquire the Advanced Recycling parcel by November 1, 1999 and shall complete relocation of the business from the temporary easement area from the parcel no later than November 1, 1999. XI. � Initiation of Condemnation Proceedin¢s If the Council is unable to acquire one or more of the three shared parcels through negoriation with the property owners, the Council, either through its respective Office of General Counsel or through legal services contracted by the Office of General Counsel, shall initiate condemnation proceedings in order to acquire the shazed parcels in a timely manner and in accordance with the requirements of Minnesota state law. St. Paul is not obligated to reimburse the Council for legal services performed by the Council's Office of General Counsel for condemnation proceedings, provided, however, that if, for any reason, the Council's Office of Generai Counsel is unable to provide th� legal condemnation services necessary to accomplish the acquisition of one or more of the three shared_ parcels in a timely manner, Council and St. Paul agree that the Council, subject to approval by the City of Council's selecrion of legal services, will retain legal services necessary to accomplish the acquisition of one or more of the parcels in a timely manner and St. Paul shall share the costs of the legal services and expert witnesses on a proportionate basis as that term is defined in Paragraph I(5) of this Agreement. -11- O �7'�/� 2. The Council and St. Pau] shall pay the amount(s) of damages awazded by the commissioners on a proportionate basis, or, if either the P�itioners or one or more of the Respondents appeal the award, the amount awarded as a result of the appeal. 3_ Appeal of the damages awarded by the commissioners in the condemnation case by Petidoners, shall be by mutual consent of the Council and St. Paul. 4_ If St. Paul is unable to acquire the Advanced Recycling pazcet by 7uly 15, 1999, through negotiation with the property owner[s], St. Paul shall initiate condemnarion proceedings in order to acquire the Advanced Recycling parcel in a timely manner in order to assure right of entry onto the Advanced Recycling parcel no later than November 1, 1999, in accordance with the requirements of Minnesota state law. St. Paul shall have the sole responsiU'ility for and bear the costs of condemnation proceedings necessary to acquire the Advanced Recycling garcet, including payment of the final award. J�II. Conve�ance of I-35E ROW Parcels to St. Paul 1. Subsequent to the subdivision and, if necessary, replat, of the four pazcels on E�ibit A, the Council shall convey to St. Paul, in a timely manner, by quit claim deed the parcels necessary for the future I-35E realignmern right-of-way. Recording of the quit claim deed and other pertinent ciosing documents for the future I-35E realignment right-of-way parcels conveyed to St. Paul shall be the responsibility of and at the expense of St. Paul. 2. Council's conveyance to St. Paul by quit claim deed, of the parcels necessary for the future I-35E realignmem riglrt-of-way shall reserve to the Council the following pernrit and easements: " a. A permanent easement for storm drainage, sewers and pond. Maintenance of the storm drainage, sewers and pond will be the responsibility of the Council. Council recognizes that the storm drainage, sewer and pond may have to be modified and/or relocated by the City and/or MnDOT to realign I-35E. MnDOT agrees that it will accept conveyance of the future I-35E • realignment right-of-way parcels from St. Paul subject to the permanent storm drainage, sewers and pond easement reserved to the Metropbiitan Council. b. A permit for roadway access to Mississippi Street, which pernut shall be ganted by St. Paul to the Council to allow the Council to buiid access roads of sufficient width to accommodate the Council's uansit operating needs and adequate snow storage for snow remova! &om the roadway. -12- v7�� Maintenance of the roadways will be the responsibility of the Council. MnDOT agrees that-it will accept conveyance ofthe future I-35E rea3ignmern right-of-way parcels from St. Paul and issue an access roadway pemut gramed to the Council by St. Paul. c. Temporary construction easements necessary for construction of the East Metro Transit Facility. St. Paul and Council shall mutually agree on the termination date of the temporary construction easements. MnDOT agrees that it will accept conveyance of the future I-35E realignment right-of-way parcels from St. Paul subject to any unexpired temporary construcrion easements reserved to the Council for construction of the East Metro Bus Garage. If, at the time of conveyance of the I-35E realignment right-of-way parcels by the Council ta St. Faul, the exact location of the temporary construction easements, access roadway pemvt and storm drainage, sewers and pond easements referred to in Paragraph �I, has not been deternvned and fherefore legal descriptions are not available, Council may convey the future I-35E realignment right-of-way parcels to St. Paul without such easement and p�mrit. In that case, St. Paul agrees that it shall prepare the documents for and grant to the Council, at no cost to the Council, the permanent storm drainage, seweis and pond easements and access roadway pemut descn'bed in this Paragraph XII(2) (a) and (b) of this Agreement and the temporary construction easements described in this Paragraph XII(2) (c) of this Agreement. MnDOT agrees thaf it will accept conveyance of the future I-3 SE realignment right-of-way parcels from St. Paul subject to the permanent storm drainage, sewers and ponc�easements and roadway pemut and the temporary construction easements granted by St. Paul to the Council pursuant to this subparagraph. The Council shall have the responsibility for and bear the costs of recording the temporary construction and permanent easements. XIII_ Conveyance of Easements to the Council and MnDOT 1. No ]ater than November 1, 1999, 5t. Paul shall prepare the doctunents for and grant to the Council, at no cost to the Council, a temporary consttuction easement over the entire Advanced Recycling parcel for the Council's construction of its East Metro Bus Garage Project. By execurion of this Agreement, St. Paul grants to Council right of entry on the Advanced Recycling parcel on November 1, 1999, in the event St. Paut has not prepared the documents. St. Paul and the Council shall mutually agree on the ternvnation date of the -13- D 7-d � 7 temporazy consriuction easement. Council shall kave the responsibility for and bear the costs of recording the temporary consriuction easement. MnDOT agrees that it will accept conveyance of the fuiwe I-35E realignment right-of-way parcels from St. Paul subject to the temporary construction easement on the Advanced Recycling parcel granted to the Council under the Paragraph XIII subparagraph 1. 2. As part of the I-35E realignment, MnDOT shall grant to the Council the following permits at no cost to the Council: a. A permanent access to the new I-35E west frontage road. Access shall be of width and layout as required by the Council for safe bus facility operations. Exhibit D attached hereto and made a part hereof illustrates one concent of access to demonstrate typical transit facility needs. b. A permanent emergency access to Cayuga Street. The Council shall grant to MnDOT, at no cost to MnDOT, a twenty foot (20') temporary construction easement along the west line of the CounciP s property us8d for the East Metro Transit Facility. Council and MnDOT shall mutually agree to the temvnation date of the temporary easement. Upon temvnation of the temporary easement, MnDOT agrees to restore fhe area within the temporary consuuction easement to its original condition or better. 4. Any interim construction access to the East Metro Transit Facility site must be constructed to road standards acceptable to the Councll to ensure safe and reliable transit operations. XIV. Environmental Remediation and Demolition Council and St. Paul agree that remediation of the Action Auto Parts, St. Paul Water Utility, Canadian Pacific and Advanced Recycling parcels will be cazried out in accordance with the Em�ironmental Response Action Plan prepared by Braun Intertec Corp. pursuant to Paragraph LII of this Agreement and approved by MPCA. 2. St. Paui shall reimburse the Council on a proportionate basis for the costs of demolition of buildings on the Action Auto Parts parcel. -14- b 7"�/7 3. Councfl and St. Paul shall mutually agree to the responsbility for and timing of the actual work of remediation of each pazcel and the responsibility for the costs thereof. XV. Reimbursement St. Paul shall reimburse the Council for the costs incurred by the Council for services in accordance with this Agreement and for acquisition and relocation costs as provided in this Agreement, upon complefion of such services and submittal to St. Paul on a quarterly basis of an imoice by the Council showing the total cost of such services and acquisition and relocation, St. PaW's share of the total costs on a proportionate basis and evidence of payment for such services, relocation and . acquisirion by the Council. St. Paul shall have fifteen (15) days from receipt of said invoice to review and contest the amount due. The amount due shall be finat, binding and conciusive upon the eacpiration of the aforesaid fifteen day examination period unless St. Paul has contested the amount pursuant ta this pazagraph. Payment shall be due and payable 45 days after receipt of the invoice by 5t. Paul. 2. Notwithstanding the previous sentences, Council agrees that St. Paul shall pay the costs of the services performed in accordance with this Agreement and for the costs of acquisition and relocation in accordance with this Agreement after it has received the FHWA's record of decision on the proposed I-35E realignment. St. Paul shall have 15 days from the date of receipt of the FHWA record of decision in which to review and contest the amount stated on the invoice submitted by the Council. XVI. Emplovees All employees of St. Paul and all persons engaged by St. Paul in the performance of any work or services required or provided for herein to be performed by St. Paul shall not be considered employees of the Council and any and all claims that may or nught arise under the Workers Compensation Act or the Unemployment Compensation Act of the State of lvtinnesota on behalf of said employees while so engaged, and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged, on any of the work or services provided to be rendered herein, shall in no way be the obligarion or responsibility of the Council. It is further agreed that any and all empioyees of the Councfl and all other persons engaged by the Council in the performance of any work or services required or provided for herein to be performed by the Council shall not be considered employees of St. Paul and that any and all claims that may oF might arise under the Workers Compensation Act or the Uflempioyment Compensauon Act of the State of lvfinnesota on behalf of said employees while so engaged, and any and all claims made by any third parties as a wnsequence of any act or omission on the part of said employees while so engaged, on azry of the work or services provided to be rendered hereiu, shall in no way be the -15- O 7 �/-� obligation or responsibility of St. Paul. XVII. Apnlicable Provisions of Law Applicable provisions of Mmnesota State law, federal law and of any applicable local ordinance shall be considered a part of this Agreement as tfiough fully set forth herein. Specifically, St. Paul agrees to comply with all federal, state and local applicable laws and ordinances relating to nondiscrimination, affirmative action, pubtic purchases, contracting, employment, including workers compensation, and state labor wage provisions, and surety deposits required for construcrion contracts. St. Paul agrees to take affirmative action to inciude targeted group businesses in the performance of this Agreement whenever possible. XVIII. Entire Agreement It is understood and agreed that the entire Agreement between parties is contained herein and that this Ageement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alterations, variations, modifications or waivers of provisions of this Agteement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. XIX. Severabilitv The provisions of this Agreement shall be deemed severable. ff any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts which are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to the parties. One or more waivers by said pariy of any provision term, condition or covenant shall not be construed by the other parties as a waiver of a subsequent breach of the same by other parties. XX. Goveming Law This contract is entered into in and under the laws of the State of Minnesota and shall be interpreted in accordance therewith. X7�. Notices Any notice or demand, which may or must be given or made by a party hereto, under the terms of this Agreement or any statute or ordinance, shall be in writing and shall be sent certified mail or delivered in person to the other parties addressed as follows: -16- � � �i 7 St. Paut CITY C`L-FRK 170 Ciry Hall 15 West Kellogg Boulevazd St. Paul, MN 55102 2. The Council REGIONAL ADNffNISTRATOR Metropolitan Council 230 East Fifth Street St. Paul, MN 55101 MnDOT DIVISION ENGINEER Metropolitau Division I500 West County Road B-2 Roseville, MN 55113 �'�. Availability of Records The Council, St. Paul and MnDOT agree that each party hereto, the State Auditor, or any of their duly authorized representarives at any time during normal business hows, and as often as they reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which aze pertinent to the accounting practices and procedures of the other pariy hereto and involve transactions relating to this Agreement. 7�'III. Contract Administration In order to coordinate the activities of the Council, St. Paul and MnDOT so as to accomplish the purposes of this Agreement, the following individuals, or their designees or successors shall manage ttris Agreement on behalf of the Councii and St. Paul: 1. The Council: General Manager or Assistant General Manager METRO TRANSTT 560 Sixth Avenue North Minneapolis, MN 55411-4398 �iy� 0 7- �� 7 2. SL Paui DIItECTOR OF PUBLIC WORKS 1000 City Hall Annex 25 West Fourth Street St. Paul, MN 55102-1660 MnDOT: DIVISION ENGINEER Metropolitan Division 1500 West County Road B-2 Roseville, MN 55113 XXIV. Successors The covenants of this Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns, as provided by law. XXV. Conflict Resolution If a disgute shall arise between the Council, St. Paul and/or MnDOT with respect to tlris Agreement or any of its provisions, the Council, St. Paul andlor MnDOT agree to attempt to settle such dispute through the use of a mediator mutually acceptable to both parties prior to commencemern of any legal action on the part of either party with respect to this Agreement, any of its provisions andlor its enforcement. The costs of such mediation shall be bome equally by the Councii, St. Paul andlor MnDOT. XXVI. Data Privacv The Council, St. Paul and MnDOT agree to abide by all applicable State and Federal laws and regulations and confidential information concerning individuals and/or data including, but not limited to, information made non-public by such laws or regulations. XXXVII. Tennination This Agreement shall take effect upon execution by all parties hereto and by proper State off'icials and shall remain in effect until a11 of the terms of the Agreement have been performed or this Agreement is terminated or cancelled pursuant to Pazagraph XXVIII of this Agreement. �XVIII. Caneellation The pazties to this Agreement may mutually agree to cancel this Agreement prior to its naturai tennination as provided in Paragaph XXVII ofthis Agreement. -18- o � -�� 7 IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized representatives. METROPOLTTAN COUNCII. � i: �/ i iji � � � I J J ' L��L I� Approved asto Form: � al Counsel Approv as to Form: , ��/,�_ 3 -!G -o a Legat Counsel vate: —3' 'l� �D� B��^ �--t--�Q Its�'rt,�c�YL �J�- �i.vg�•� -19- ? _ ! / �- � ,.. � _, Dafe: �T• � c�� ( I O 7-� 17 STATE OF MINNESOTA Through its Commissioner of Transportation B _ T;Ae. Date: /�� -20- �.� 07 �/7 c� � 7 .:��: Ivfississippi/Cayuga Site Property Split Between the City of St. Paul and Metropolitan Council PROPERTY SPLTT ESTIlVIATE Based upon takeoff of approximate boundaries and approximate ROW line St, Paul Portion Total Property Future I-35E Realignment Council Portion Ri ht-of-R'a Bus Gara e Site Property Acres SF Acres SF % Acres SF % Advanced Recycling 1.80 78,408 1.80 78,408 100% 0.00 0 0.00% Action Auto Parts 3.24 141,134 0.64 27,878 19.75% 2.60 113,256 80.25% Canadian Pacific RR 5.57 242,629 1.31 57,064 23.52% 426 185,566 76.48% St. Paul Water Utility 9.84 428,630 3.62 157,687 36.79% 6.22 270,943 63.21% Total 20.45 890,802 737 321,037 36.04% 13.08 569,765 63.96% Comments i. The final properry split values to be detemrined based upon the final survey and the final I-35E ROW line. 2. Calculations above based on I-35E single-tiered retaining wall entire length of ROW. Need for double-tiered wall due to final elevation relation between bus garage and I-35E will shift more groperiy to St. Paul portion. ��-�� '. U r � � W z d �� Cc y � � � F � U� � � � F ;; O W O N i � W � � N aW � a � �2 a w `� FO� �OU � F .f � F ,.�. � z�•- W a� d L WO� FV� �a W � �H d� O E'' � � a O O V y � . � Ti d N � �U O 17 •+'��' �+ Q q � � Q O �� h o a. o`3 .,, w a �., : .. U o ° '3 p� o o � � w° � " '3 3 �>, a A �� '�� L �' � �G a��i �� b v t ° .� aa Q � e�2 a w v� 1p O y O N V� �"� r V t{ �� y � O d o � �� ° �� N� o � � � '� � � �"�, �'° - �� ow� �'Q oo� � Q•� �i �. W C ! y>, y a�i '� ��O a�i � R' O' C o C c�'i p � a vi v � U�� a �� a v� cia u$ a�� ( .� Q ?2 0 0 � � m �j °� � � O :Y q � � ty � O � 0 ' 5 � a; � q 3 � �. �� ° o.a o� h y' ° � ��., � �a °J � � N � V ~ h w (� � .-. V fE �N � �N ,� �w O N d d � � �� N 1�.� f+' G' �� o F �y o � � en � ... d a �o � , o � � o G a a a � � - �a o � Q' � N y N� N o�� .`� , v � c�.� w .�. '� rC�n N � � �~ �� o y 7� � N � 1..� N� d v°, y "° F� ( a� y y y °� C p a � o y '° a �� d � � � � � . �a � � y w ,� �3 �� 8.. w �'� a�� o o� �� '� wg�•a a..� w 3 � d o v .� �� om N� :: m� � N �� y O. w d P`�.� a E'�' U F V �� a P F U �I � 4 CJ fi ��n d U o� v�i ° v1 $ xa a 0 ai y � � b � � '; � � � � w � � :� a i m� i .c a ; � � N F'q � U � � 'C � � V1 � � b o v U" a��iv I � �3 � U � N � � � V U G � N v p Q 5 � � � � � � V C N � ' � � ° :� o � "7 U C � � � U � � p � � C N ' G Y LS y W t�n � a � 'J'� q o 4 q ' I � v�i � � a. � � y � M � 0 . ( N � ,°,� � �� 3 � �, o % C .a :: o " �' � fri P, y �y 's y a� °' �; � Q w� a ° t '� � o � � 3 � °' � ' ° c � ° `� �a E+ F d 'eb d � `a � � o � d � � � � � �i"� 'b � � � >. � o Q � a, 6 c� � c� � ea y � � rn P" F � o o � � v ° � > �° � � � o ." u' � d a � „ � <v o 3 � � � � � � � h 3 � � y a � C K `�° � � � .7 m o °°'eb ca v v w �" e n, a°� �� i 'd R�i 0.�. R W �' � d q � Q` � v � -�. P+ � N 'r' �� Q GS ..N t A L'" '"' �D � � � � � p � � � fi N a � � � T � ~ � C co a d ti p C] > p� � 0.�' t� a 4 � �•«'� q a�i � � � � � a ��i y o c'� e�� " o � � �: � . c�i � o � oi d :° ,� � rn A �� c`�7'o?/� N U � � w z d C a� E� � W G7 O v� � � F C� 0 N W z� Q N u V � =� W i � a . OF � a�s ° aw� F�� U �F� F' � a � a� L L w WHd F g,', �a � C4 x ¢' rw �3 o� ai � a O O b d 0 b w C � � O N 3 N « � � � f�V ' g � ° v � i `"� �Q x3 o° ��'• 5$. d v � �'. aa �'eU �� a� a � �� O� � � `� e °� � �° �� " � � g w �� ' � r � ' ""'N zo �j �� a �v ; o ( � `�^ z w '-' �„ � 4 3� 'a y N � fIJ � � � �,�r. ,� y o �, v a bs v o �i o °' � � � � � � � °� � '� � on ea en 4 �'°' ozc '"�o �� oo�� G '� a `° . °� a s' i � o ^ � �i a� �a � Yi o p. � 'Y � '� w � 'G ,.: cL � ��d ��z,� a3^ �r�. � a,�m a,r�c� v� ¢ � a a`�i G� 8 m 3 a. �'�5 .°'. ,o vi V� v� U� C e�a � �� p, q a°3 � e ' 'U � O r. � 'O y a� a� o W,�., .. o u v � �° y°p ° "� � v�i y cai ��•� � o o a �� t � � � �'y� h� . � o � aw'�" a o` ; � � � `� o � �' 3 � � [ a a « a '� � a o $ e � .� � .� � ��3 N '� o q o 4' O' � °� v� F`' �� o p �� m o V� a� �� iaz x�. a a� ao � �� w�' � �'°ya�3Q �o ��a�� o, d � a '�' �' °' g � a � � � a `•''a' � ° '� N N g ��'.�"�^ an�i ��.q�� '� �a � u Q o F 3 c� " g a�,� � a a �n � � c T� � C° U v G1 � ca G o t� � �. � I o I � E " � � � d h � d � + � � o � w ;, E � � «� � � ( � � v� .� o N � � O '�' d .y w U �O z �� o � � r,y o� � � a .� y y �c o � .. • .,�'� �n ., 5 d .� rn � G . b � ° ° a i n . a � a + .., . cv � N '�7 F. � .y N N .(� '.J � � �y �� o b �� o [.� zw z „ e � o ,'� o v� � F Q � � = � c �j y ,: C � � V � m y � � �+ �+ � t�` cC � � °' �' � a � Q a� ou � a"i a, T' ~ Q d k' .� °� o '� o � � a � a F � � a� b `d • « d � � c� � � � � � ~ � � � " 7 � ^ N '� t�� 9.� o� � a � v � U � � o a, 8�' a' `� a�i w � 5 ` � a �� N z'2 �� a� w a v, � � G� a�'�.�y� a a H 3� �; �zd as ,� � � � � -�� M � v � oa � W � ►�7 C� a �� w c7 O� F� UO �� U z ,7 F � V d W •o � R' a . W � aW` a�s FOY � OU � � � y F wa� [� � 9 W F `^ FVa �a � �x c� O E" � � a O O U :� � O � -` y C. C �ti C LL L1 � °� W _. � O � o O a � .. 'c3 o U m $ a ! � a � .� ,� � �'«� � Q r3 v` C � .� �� d V} y.� � � O N W CJ ai 5 o W�' ��'X �'' N � �� p w �� '� N �� ' � �� Q �� o � �r U� ��F � `°� e°°i� �'�� e ° � ��3 � �F'�„ w `� � q �' � '� w � ~ 3 •-. m o�� • �vi �a� °� ~ ��6a� a �o�' � �� cG a� ��i �� oai E °'�� aE a� vz G � a Cg �� v� in $. i rn �'.�i.- vi 8 5 � � g. � � Q � �a �� $^' v n'� o e d n a' oa � ,`r�„ w vi .. .� n � � �+ d N � .�� 'n O .� y p aT � �� N � �� O .Pi �� o z o ��$.� �r�a � y y N � {�; � y � . ,R.�� O P� �❑�"� C y Q� e U a �� w a�i ,4 D, p, � `� $ a � «, a � Q^� o o C�,iiin L�� ^� d y �o a � C'' q -, P� �` Yr� °,`� � a� `a Q" p,�� 7.2^ a � a ,a � � � �' °�' �' �i .-, a � �.� w a��v ° w ° � z v`�i z� a� � vz�C� F � � y N � � a � � q.y � V M � � � � O � � , ... � � z �r � o � o a�i U :� � �. � � � � � Q � �� ' � �� Y � $ � � �a a� ° " .. " � � � � . .. � � �� c v� � o a = '� Ng �, � °� 5� F � � d � N U � �� e�io� a � z� z� o �3 ,a•� 3 A A� q� a�p � 4 � � � � «. o � w � � � � [ � o � � W .+ F �� W C � � ti w � ei .� ,o a. a CI .-i ci oi v ��r 07—�?l7 v U w � W z � � � � a F � w c7 O v1 �� Ua N � U z 7F� g�� . �aa �w' � a � ay; O � FO� w OU � � M F�� ao �' L � O w z � ] ��w' � W �. � F � 7 z� 00 �a a� � 0 U O � W a 0 w a � 0 m a e q �. 0 0 � W a d q H F � � a .�.� � w � � � F � �� a tim w � 0 0 � ~ 0 �" �� 0 G �[ a�� -., v,a�a �oo ��s 3'�' �� le P. � �oa� ��a �s�� V � �� a�� 2 u �i � A O � d � �. d � b O � �� " h � h � N z 0 zo �� N ° r °A � �' � N e.. � � U �� ,� �� s ' °' u � � �z� ' °� ., .� � [ � ' � � � �''c � � a:��a�.e � �'�sw�s 0 � C .� � �� '� � H N w� C � � �� °� fr' � �� b o c 0 0 �e� � � .� � � G � d C •� �`�a°�� n � � ^ a � � �' o � � w � � � �F �Sa ��Q Q .� .� a' . t� p. � � C d � � � O � �� E o �.� � � �.� �. � � h y • Q �� o � �� w p� ; �� w � � a `�i Z � A � o N � U � � N w p O C b � N � Q �N a � N �o e: � a C � H � e �� F � � q � �e u � ��-�� N C� � W z d r7 � � a� v d O� F� V� �� O� UW d �'" � a w a� 0 FO �O �� F � Wa � � � O zw �a W� �F z� O O � � O O F U v .� tL .� � � s V : w g s N i W C 0 o w �� _ ��.s� � ��u a � � 0 w �� a �� c��w_ a w o ai 0 °' � Q U � � C�4 ab v� . a�i c� vi c o � � �, �a83k�= ��' ��' m��' `'�$ � a ��O��° � y�� e ��wa�y�� O . p � N G � W W �� °� o �� a� U� o'� 'J� � C� p � � O f° FJ .R- � � • �� a �.�� a `� � � v a 'm � �" � a�« v�XJ obU.``�.. .� � � q W d � O � � N V � � � � � N � y � � d � � � N � � a � � � � � � F �' N � V' � � � � � � s a a � a�-�i� � U F � � W z C D � � a w� � � F� �O � [ z�^, 0 � � V W o �a a Er 0 ..�-.. M w h a W L P�+�s � FO� m W ti � � 'i r h Y �" 5 ° z o 3�� L W 0 N F�a � w� o� x a� O E"' �� a � O �. � a 3 ~d . -� � �� . _ �d� � �� '3w � � .. N Cg '� U [ a �� b �� . �� a �°. �' [ ;-� ' '� $, R g'.'� $, a °�'' o $ u � � g �' ��E � d °�'a �.��' `�a M �.�... � � � �� u �3 d o o y V w � � � .` � �� 3� a . o� '3 � ° � . a �•� v� q F �s, Li' � ,� � a�i � a � ?' � $' a, a $. -� w °Q �c �n °a a� � �n '� �i, cJ a �; •� a a z f'i u Q i ., w G ^ .0 � � w.x L � a) � 0. � 8 . � •�«��.a a �y ; g .� .� � � �i � � A � C � � O '� � 0 � � � �� Q d �a � ,� o •� . o � •o w .� � � � t0 p+ .� m :+ C a •°• p'v � �t' a � ,� � � d � � � �y� �� o �'o � � � ��''��^ � �2 �" � a F� ov `� Q.�'7 c' d w � O � t�.T � .0 a .,�d Q � f° � � �' � p � d �� •� �,�v �+ � W�� avC4E�� Cg� ¢�� a° �a. w 0 � y ' I � o � � . � 0 � � � � A d a� W 'C 8 � :. ,.s F � � o � O lCi � .+ � � F � � � � A d d � b W L� � y . d � � 3 i� a ' w iC a � oi o� ° ... .. � d7�17 � U � � W z d .�7 �� a� E-F � 0 W � � F U� a� V z r `l. � x O W O � O d = . w h a�� O FO� �OU �F = F � '�' -�. G 0 W�� s W � w PC °' F �'r z a � �. � � V z 00 �� a O O 0 ; � a O s a m a _ M .. 0 0 � h a � � s � � a M � � '�•� � � �� _ � a V � �o y ��a � eo�y ;a�' � ..�+ .�+ p q �-"d ��a �� v w� :: � � a� 4.1 � � � P. �M . �s�.�� a � ,� � �r •� vl �� '�� o '�Fi � � � � V -5 d .3 G �'�s�°'� � �U � �U cp � ,� � a� � ,d m k. U •� U � � � � a 0 � � w C F � � V] � , � � � w � � � � r � V � �Q � � � y v � � � w ° � �� 8 � � � ca � 0.1 0 a 0 � 0 � N d a^�� s � 0 ¢ A � � h �� a � � a � a � � -t C � � � tJ � � � � � 0 0 0 � 9 � a � a �. � � �� b �� a� e a�u$,5'i'� a � �v��"c�o « 8 � 00 o��d� � a � .. a � �m �U �j �3a�.� a � � CJ p. � � � � a a � 0 d a 'u. a '7 q a •a � 25 3 d a � � o � �v �� a � �� ° . � cga�a � h b O .�. � N � � � � � s d a� N �i q � b � 0 w � O O � � e � 0 � H N ��. � y � � �� "-' o 0 d � � � � '� N � O ��.. b P. �y � fi{ P a.�a y ..� �� '� � �� .9 � � o � J 7-�, ! � � U F� � � z d � � o. W � W C7 O� F� UD ��w Q � u U o � a �. E 0 � N OF� a�; � FO� �OV w E�+ � � � � was � � d W O W � a v wa w� �F z� oa a� Pa O � � a V u � � F Q� � � � � 3 � � c � � � � o a � � p � q � 3 3 R, � `�° p' � � � � m m � °' a �� 8 .: '�' �. a a w � � �� w � � � �� :d i2 � '� p 8 � � � � � . O . CJ O � � � � � .''! O O A .� •� p(] •a ��, r � � � �'�' �� f_%l 4 �� a� O � 5 �� In N fi �+ P, �. �y P. '� � . � � � � R � 0. f$ � :� � :a � a a � `° � d � o� � v�D vi,�7 �� rin �, Cgri Ut� ��] �� g .. C ,� � .`� .7 °„3 ai .g � � +� � 2 3 3 � � C�0 3 3 r '3 8 a ° " 1� � '� � n a a � •� �.� � a a 0 [n Vl O • � d V] � � `� � � Q � N '� $ C `� `� � O O t� V M � N � O O N ..�-� � .-�.� �� '1't � � � � � � Y � �+ � vl � � �y '"� N •� r� •5 G N N � ^: � .: °� �' �. •� � '� ° L' �' �'` �� a 3�� Y�. �a a� �C U �n Ura v`�iA, �p, 0 �N � � q � � U �n r. ~ N � O � � N ra � V � � � � , � � � �-! o y y A � � � U � H � � � � � m y � � � � � � � � � d �. V � P�i v ^ V � � Y ti « ' d � � � � a � � '� 8 �" � � � � a M v vi �c � od v+ CITY CLBRK'S OFFICB Shari Ivtoore, Ciry Clerk CITY OF SA1NT PAUL ChrisWpfier B. Coleman, Mayor November 20, 2006 Bruce Engelbrekt Valuation Engineer Real Estate Division 1000 City $all Annex Dear Bruce: 290 Ctry Hall IS W. Ke[[ogg Bouleu¢rd S¢intPaul, Mirsnesota 55102 ��-�� TeL: 651-266-8688 Fax: 651-266-8919 wwwstpaul.gov I refer to you Yo check as to form and sufficiency and for recommendation, the attached petition of the Metropolitan Council for Yhe vacaYion of thaY parts of I,ots C, D, E and F, Soo Line Plat No. 6 and vacated Walton, Bank and Acker Streets according to the recorded plat thereof on file and of record in the Office of the Saint Paul City Clerk. Sincerely, ��;, "�"�` Shari Moore City Clerk Attachments �� AA-ADA-EEO Employer / a � �� " PETITION TO VACATE CITY INTEREST V / � /� I(we}, tfie undersigned, constituting a majority of the owners (or their legally designated representatives) of the abutting properties, do hereby petition the Council of the Ciry of St. Pau1 to vacate its inferests in tfie property(ies) legally described as follows: See Attached E�ibit A � I(we) request this vacation for the follovrin reason s. ' c``VL B O (Iadicate whether you will be building on the site.) ,d' 2 See Memo Attached as E�ibit B c�T„ �0�' ! �' C `EA I(we) have attached six copies of the site plans of any development intended for construcdon on the lands to be vacated. � Person(s) responsible for payment of vacation fee And for acceptance of the terms and condifions of The vacation: Contact Person Name: Jeanne Matross Associate General Counsel Phone: 651-602-1108 Address: Office of General Counsel Meh�o olitan Council.. 390 North Robert Stteet St. Paul MbI 55101-1805 Altemate Contact Person Name: Pat Jones — 612-349-7606 Phone: Hevwood Office & Oueratin acilitv Address: 560 — 6 Avenue North Minnea olis MN 55411-4398 Name: Re ionalAdministrator-651-602-1729 Phone: Metronolitan Council Address: 390 North Robert Street St. PauI MN 55101-1805 Name: Phone: Address: Name: Phone: Address: Name: Phone: Address: -1- Signafures of Owuer(s)/Representative(s) � of Property(ies) Below: Legal Description O�-�i� Property?ax ID No. Lot B, Soo Line Plat No. 6 and 30.29.22.44.0003 the North 2J2 of Genessee Street and the East 1/2 of the vacated a(iey adjoining thereto Lot A, Soo Line Plat No. 6 and the West lj2 of the vacated ailey adjoining thereto See Exhibit A attached hereto. See Exhibit B attached hereto 30.29.22.44.0004 3Q.29.22.44.0030 30.29.22.44.0031 �./ t �/E �?oPotrr�3N Co vi,�c i L i ftioK°� lL�t?:4...C �!�a n' *rn�/ai, 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 e�as signed in my presence by the person described in fhe pefifiott. Petitioner Subscribed and sworn to before me this 7�� day-u£_,� , 2006.� r ��.�-- y . - 2 - JEANEVE K. MATROSS Notary PubliaMin�esota }py Com��yion F+y6es Jan 37.2010 ° 7 �i� of Owner(s)/Represenfafive(s) � of Property(ies) Below: 30.24.22.44.0036 City of St. Paul 15 Kellogg Boulevard West - Suite 140 St. Paul, MN 55102 — See Exhibit C attached hereto. I , hereby swear and ver'sfy that Subscribed and swom to before me this dayof_ _ Petitioner Notary am the petitioner, or one of the petitioners in the above matter; and I do of the signatures on this petition was signed in my presence by the person described in the petition. 2- 2006. o �-�, 7 CERTIFICATE OF INTENDED NON-USE "I'HE HONORABLE MAYOR t1ND MEMBERS OF TF� COUNCIL OP THE CITY OF SAINT PAUL In the Matter of: Vacation File # 23-2006 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: except as here noted: All that part of the alley in Block 15, Edmund Rice's Trout Brook Addition lying bezween the southerly boundary Zine of the vacated Cayuga Street and the nonherly boundary line of the vacated Genessee Street that has not been previously vacated; and All that part of Acker Street lying between the easterly boundary of the Soo Line Plat No. 6 and easterly boundary of Mississippi Street that has not been previously vacated. { n i i': i' �.', S / �-�CwPS� C�P �' STATE OF MIIVNESOTA � C UNTY OF L �iN(A�6i7h.J Its: /! p � ., /;/�%�''�li� � �-,/�/NC°[�f�ir✓� i % / J --.._'_"_ Signature ,�' The foreg�g insuument was acknowledged before me this � — day of —J Aiv U� . 204� of �u.J�.�7 i._D� a ��Lol'c_r"E�G �G/��cf�/�TViJ under the laws of the S[ate of Minnesota. . nnnnnnnnhM'iA � ,��"'�� LINDAA JUELICH No� ��r �� ^ � � > Noiary� �ublic-Minnesota My commissio� expires ��U t�(C'V .J1 � c�.� �U '�. "� My Comm�ssion Expiras Jan 31, 2070 RE • NED/NOTARIZED COPY TO 1000 CITY HALL ANNEX, 25 W. 4 St., ST, ST. PAUL MN 55102 �7-�� R�p1y to Vacation fnquiry File # 23-200 � We ]�a�e no obiections to this � acation ro: Jeatt $orgen City of St Paui 266-8566 266-8855 We will approve fhis vacation, subiect to the followin� conditions; ��! , J For the following reasons, we c annot avtizove this vacatiou� O THIS �'ORMI"S TO YA C,�'L'�'ALL$Y& S7'RE'ET RIG�T O.F Y�VAY 01VLT' • Adl thcu pcu of che alfey rn B. oc�C ]S, Edmund Rice's Trout ,8rook,Qddition lying between the 'soutdcerly boundmy line of ^he vacated Cayuga Street mzd the northsrly boundary dine af the vacated ('renessee Sireet th �t daas not been previously vacated; aruf All that part ofAcker Street ly. ng betwee» the earterly boundrny of rhe Soo Line PZat No. 6 arad easterdy bounc�Cary ofMissa :sippi Street that has not been previously vacatecX. �� . �!�.�f�:��/ m / � � �� dr0 k.8�.o�tQuiS � O?-��7 CERTIFICATE OF INTENDED NON-USE THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF SA1NT PAUL In the Matter of: Vacafion File # 23-2006 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: except as here noted: All that part of the alley in Block I5, Edmund Rice's Trout Brook Addition lying between the southerlv boundary Zine of the vacated Cayuga Street and the northerly boundary Zine of the vacated Genessee Street that has not been previously vacated,� and All that part ofAcker Streel lying between the easterly boundary of the Soo Line Plat No. 6 and easterly boundary ofMississippi Street that has not been previously vacated. �y $fafrs pv�..t� �>�.,peny Con?�any t llc�amncnt d/b/4 .Y[t( -Lnt�av - �ias n.'�,'t Its: STATE OF MINNESOTA COUNTY OF p SC l(i9m y Gas En9.',�ec /' ��, �� 7�' Sign �e ►J C�¢6 —�^ The foregoing instrument was aclmowledged before me this /! 6ay of J9y u q�Y , 2U G� g �BmaS /L/. �alL[f5/C: _ o f /�/ot�harn 5�aftS !�o d/b/a x«� E��r�r, 4 a�,di•� r� f:�••fr under [he la t o � me ota. . � //f �� / / \ / � V JESSICA FESL� WINKLER Notary Public /�� /� , NotatY PuIXiC / �� My commis�ibn expires - ! �d Cwrxn. ExpirES Jan 31, 2071 RET Y TO 1000 CITY HALL ANNEX, 25 W. 4`" St., ST, ST. PAUL MN 55102 D 7 � �� _.,�� MCI t�'etwork Services, Ine. 01/22/200? CITY OF SAINT PAUL Jean Borgen 1000 Cfity Hall Annea Saint Paul,'�1�Il�T 55102 OSP Nationa! Support / Investiga4ons S3ept428G3Iwx.107 24C10 North GlenviIle Richatdsoq TX 75D82 RE: VACATION FII.E 23-2006—�.LEY VACATION REQb'�ST — ACKER STP.EET ALLEI' — Saiat 1au1, �2amsey, idlis�esota MCI ID: 382-29l0? Dear Sir or lYFada�: ?!?CI has `�een notified b� your office regarding tlre a'�ave referer•eed �r�jsct. Far your records, in review�ng the area in question, it has been determined that MCI da°.s aot have faci:ities within your project area. You should address correspondence conc.°,rn�ing any future p:ojec#s to the attention of OSP Nationa! Sugpart/Isesst�ati�ms at tha a�ave adciress. I£ you need fiu�ther assistance with this �toject, please do noY hesitate to c�i. Sincerely, Bachel�er OSP Naticna: Support / In��esiigaYions (9�2)?29=6016 F�comem_1Sn Farii:ria� Anr d �� CERTIFICATE OF INTENDED NON-USE TE� HONORABLE MAYOR AND MEMBERS OF TE� COLTNCIL OF TT� In the Matter of: CTTY OF SAINT PAITL Vacation File # 23-2006 The unde "rsigned 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: except as here noted: All that part of the alley in Block 1 S, Edmund Rice's Trout Brook Addition lying between the southerly bcundcry Zine f thz vacated Cay�z:oa �+:-aet cr.d the norrt ?�oundary Iire of the vacated Genessee Street that has not been previously vacated; and All that part of Acker Street lying between the easterly boundary of the Soo Line Plat No. 6 and easterly boundary of Mississippi Street that has not been previously vacated. DISTKICT ENERGY ST. PAUL, INC., AND bISTRICT COOLING ST. PAUL, INC., HAVE NO EQ�IIRM�MT-IN THE AREA TO BE VACATED AND HAVE NO OBJECTION TO THE VACATION. � � . r�,-,;F,.-- hn.:,-��: � 1 n ��s'{�r��."k` CI�l.�a�/.(��s�}'r�cJ�" Cool��He ��. 1'�— Its: � .{- � I � da STATE OF MRVNESOTA CO OF ��b.mS e.+�� 1 J �� vH— ' � Signature r The foregomg instrument was aclmowledeed beYbre me tnis I 7 day oi � 1 0..�+�.�.0..-..�� . 2b O� .. � — .. � n .� . of,�J�.SIY'�c�G��51'f�c� Gordafa�ITUYfS under the laws of the State of Minnesota. . S r • NotaryPublic� �- o�OL2�- My commission ezpires L-1 a..v.�4uw_ 3{ a0 f O RETURN SIGNED/NOTARIZED COPY TO 1000 CITY HALL ANNEX, 25 W. 4` St., ST, ST. PAUL MN 55102 �TRL";�� _L x Siti�`��CSU � NOTAK�` PUC��C -FfiN4I�5.7Ada ER'' COieFfeRiS�?9?d CX;'t,�F= .ttxf � _, „� - u..- -*w-".4.-w G�7-�i� CERTIFICATE OF INTENDED NON-USE THE HONORABLE MAYOR AND MEMBERS OF T'FIE COUNCIL OF THE CITY OF SAINT PAUL In the Matter o£ Vacation File # 23-2006 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: except as here noted: All that part of the alley in Block 15, Edmund Rice's Trout Brook Addition lying between the southerly boundary line of jhe vacated Cayuga Street and the northerly boundary line of the vacated Genessee Street that has not been previously vacated,� and All that part of Acker Street lying behveen the easterly boundary of the Soo Line Plat No. 6 and easterly boundary of Mississippi Street that has not been previausly vacated. Co itt J part¢te t � ��°��1�.�� tg�� STATE OF MINNESOTA UNTY OF of � ��-��!'„�' .�_'If�TT12.h1i0 before me this �/� day of 20� under the laws of tk�e State of Minnesota. . ' � a • NotaryPublic �Cl�/.KL/�`��.�/ � MARLYS A FlSHER ��//� "�� . NOTARYPUBiI��MINNE50TA Mycommissione�cpires �TUxiv si ��:�`i�'�Yfi�3�'� i000 crTY �,r, arnvEx 25 W. 4 St., ST, ST. rauL mav sszoa ` ._. _ w _� _ _. � Jean Borgen Vacation reguest your file #23 2006 � Page 9 i D� �/7 From: Dave Marruffo To: Borgen, Jean Date: 2/6l2007 11:03:32 AM Subject: Vacation request-your file #23-2006 SPRWS has no issues or concems with the Vacatiort request, your flie # 23-2006. Hard copy to follow. 0 7"�/7 To: Jean Borgen F `°m: s 2�.:�,� c�,,.�,.,.,>�� Reply to Vacation Inquiry "h�' �,r�^� i�� File # 23-2006 cit S Public V✓orks Technical Svcs F�• � Phoue� 266-8866 PbO°e 1L4 -y`Y�r S' Far# 2((-g855 FaYk We have no obiections to tlus vacation We will approve this vacation, subject to the following conditions: � For the following reasons, we cannot approve this vacation: 0 THIS FORMIS TO VACATE ALLEY & STREET RIGHT OF WAY ONLY : All that part of the alley in Block I5, Edmund Rice's Trout Brook Addition lying between the southerly boundary line of the vacated Cayuga Street and the northerly boundary line of the vacated Genessee Street that has not been previously vacated; and All that part of Acker Street lying between the easterly boundary of the Soo Line Plat No. 6 and easterly boundary ofMississippi Street that has not been previously vacated. Sig�� p� � �-� � Date ro: Jean Borgen I From: Reply #o Vacation Inquiry File # 23-2006 City of St. Paul Public Works Technical Svcs Phone# 266-8866 Phone# F� a 266-8855 F� # �i7 We have no obiections to this vacation 0 We will approve this vacation, subiect to the following conditions: �� For the following reasons, we cannot approve this vacation: ❑ THIS FORMIS TO VACATEALLEY & STREET RIGHT OF WAY ONLY: All that part of the a11ey in Block I5, Edmund Rice's Trout Brook Addition lying between the southerly boundary line of the vacated Cayuga Street and the northerly boundary line of the vacated Genessee Street that has not been previously vacated; and Eill that part of Acker Street lying between the easterly boundary of the Soo Line Plat No. 6 and easterly boundary of Mississippi Street that has not been previously vacated. Dave Galbraith D 2 C 1/27/06 Signed Date _. . w �._ _.,_ � � . _ww _ � Jean Borgen �Re: Vacation file 23 2006 � � _ _ „ , __ __ _ _ �_ Page 1 A �� ai7 From: Tom Beach To: Borgen, Jean Date: 1/18/2007 12:11:32 PM Subject: Re: Vacation file 23-2006 LIEP has no objections to the proposed vacation. »> Jean Borgen 1/17/2007 10:02 AM »> Attached is information related to the petition of Metropolitan Council & the City of Saint Paul to vacate the City's interest in part of an ailey and part of street on the site of the Metro Transit Bus Garage: 1) Vacation request letter (MS Word) 2) Inquiry reply form (second page of request letter) 3) Certificate of Intended Non-Use (third page of letter} 4) Reference Map & Legal Description (on 2 pages) (pdf format) Please review and reply at your earliest convenience, but preferably no later than January 26, 2006 if at all possible. If you have questions, or if you cannot open the attachments, piease reply via email or cali me at 651-266-8866. Thank you, Jean Borgen Tech Svcs - Real Estate 25 W. 4th St., Ste 1000 St. Paul MN 55102 Ph 651-266-8866 Fax 651-266-8855 o� ��7 To: Jean Borgen From; Jody Martinez Repiy to Vacation Inquiry File # 23-2006 city of st. Pau� parlcs Public Works TechnicalSvcs Ptrone# 266-8866 Phone#26606424 F�a 266-8855 F�# We have no obiections to this vacation We will approve this vacation, subject to the fo�lowing condirions: � n For the following reasons, we cannot approve this vacation: 0 THIS FORMIS TO VACATEALLEY & STREET ffiGHT OF WAY ONLY: All that part of the alley in Block IS, Edmund Rice's Trout Brook Addition lying between the southerly boundary line of the vacated Cayuga Street and the northerly boundary line of the vacated Genessee Street that has not been previously vacated,� and All that part of Acker Street Zying between the easterly boundary of the Soo Line Plat No. 6 and easterly boundary of Mississippi Street that has not been previously vacated. Jody Martinez 1/26/07 Signed Date 1/17/2007 Paul Dubruiel - CIN . oc Page 2, Reply to Vacation Inquiry File # 23-2006 ro: Jean Borgen F �°m j�tD City of St. Paul Public Works Technical Svcs reoner 266-8866 phOIIe" F�n 266-8855 F�"° We have no obiecfions to trns vacation We will approve this vacarion, subject to the following conditions: � n For the following reasons, we cannot approve this vacation: � THIS FORM IS TO YACATE ALLEY & STREET RIGHT OF WAY ONLY : All that part of the alley in Block I5, Edmund Rice's Trout Brook �lddition lying between the southerly boundary Zine of the vacated Cayuga Street and the northerly boundary line of the vacated Genessee Street that has not been previously vacated; and All that part of Acker Street lying between the easterly boundary of the Soo Line Plat No. 6 and easterly boundary ofMississippi Street that has not been prevaously vacated. �./ s��ea /"2s�° � Date O7 �i7 Interdepartmental Memorandum CITY OF SAINT PAUL To: All Council Members From: Jean Borgen Public Works Technical Services Real Estate 1000 City Hall Annex bate: February 12, 2007 RE: Public Works Vacation File No. 23-2Q06 (Vacate Alley & Part of Street) I recommend a public hearing before the City Council be held on Match 7, 2007 to consider the petition of Metropolitan Council. This petition is to vacate alley rights in Block 15, Edmund Rice's Trout Brook Addition, and part of Acker Street not previously vacated, between Soo Line Plat No. 6 and Mississippi Street. The purpose of this vacatian is to allow for platting the area where the Metro Bus Garage e�sts. The building has been completed within the area to be vacated. This property is locaYed in City Council District 5, Planning District 5. Alands/pwlTechnical Services/Real Estate/Vacaiions2006/07-2006 b 7- o�i7 NoTZCE oF ruBLrc �a�rrG Notice is hereby given of the petition of Metropolitan Council to vacate an east-west alley in Block 15, Edmund Rice's Trout Brook Addition and a small portion of Acker Street between Soo Line Plat No. 6 and Mississippi Street as more fully described on file and of record in the office of the City Clerk of Saint Paul, Minnesota. It will be heard and considered by the Saint Paul City Council at a meering to- be held in the Council Chambers on the 3rd floor of City Hall and Court House on the 7th day of March, 2007 at 5:30 P.M. Dated: Febiliary 12, 2007 Shari Moare City Cierk (Febniary 15, 2007)