07-349Return copy to: jmb
Public Works Tech. Services
1000 City Hall Annex
Presented
Council File #�
Green Sheet #3p382Q3
RESOLUTION
SAINT PAUL, MINNESOTA
1 BE IT RESOLVED, that, upon the petition of Steve Nilsson for Capital Partners LLP, as
2 documented in Public Works Technical Services, Vacation File Number 17-2006, the public
3 property hereinafter described, as follows and on attached map, Exhibit A, is hereby vacated of
4 its interest as alley right-of-way:
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All that part of the alley in Block 21, West End, according to the plat thereof
on file and of record in Ramsey County, Minnesota, having been opened by
Doc. No. 1541554Book SO of Plans, Page 41, which is contained within Lot
12 of said Block 21.;
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 of: District
Energy/District Cooling St. Paul, a private, non-profit Minnesota 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 shall pay $1200.00 as an administrative
fee for this vacation which is due and payable within 60 days of the effective date of this
resolution.
2. That an easement shall be retained on behalf of Northern States Power Company dba Xcel
Energy (Electric) over, under and across the above described property, per map provided
in supplemental documents. The petitioner or its successor is solely responsible for
protecting the easement or negotiating with the utility to relocate their facilities to the
ufility's specifications.
3. That an easement sha11 be retained on behalf of Comcast, a Pennsylvania Corporation, for
existing facilities in the area. Comcast will release its easement in the described right-of-
way provided the proposed improvements do not interfere with its existing facilities or
ay
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Page 2 of 4
West End Vacation
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interfere with Comcast's access to the said facilities to maintaixi, repair or upgrade them.
Should the said improvements in any way interfere with or prevent access to the said
facilities, the petitioner or its successor shall provide new easements as required and the
petitioner or its successor sha11 assume all costs of relocating facilities to the new
easements.
4. The Cit7 of Saint Paul Public Works, Traffic Engineering requires the following
conditions to be met by the petitioner, its successors and/or assigns:
a) That the petitioner shall be responsible for constructing a relocated alley outlet to the
satisfaction of the Deparhnent of Public Works under an ordinance permit issued by
Public Works Street Engineering.
b) That the petitioner shall dedicate to the City of Saint Paul an alley easement a
minnnum of 20 feet wide for the relocated portion of the alley, to the satisfaction of the
Department of Public Works.
c) That the petitioner sha11 dedicate to the City of Saint Paul an additional5 feet of
right-of-way at the corner of Seventh Street and Montreal Avenue to allow conshucfion
of a wider sidewalk and pedestrian ramps, to the satisfaction of the Department of Public
Works, as noted on the map as Exhibit B.
d) A subterranean easement for interceptor sewer will remain in the alley to be vacated,
beriveen 35' and 45' city datum. Prior to any construc6on, petitioner must obtain any
required releases from Met Council Environxnental Services.
e) That the petitioner sha11 obtain approval fromthe City of Saint Paul, Department of
License, Inspection and Environmental Protection (LIEP) for their development plan,
through the City site approval process.
In addition, the standard Public Works requirements apply as follows:
That a permanent utility easement shall be retained on, over, under and across the
vacated area on behalf of the City of Saint Paul, Department of Public Works to reserve
the right of the City to maintain and operate any sewer in or upon said easement and to
enter upon said easement or any portion thereof at any tune and from time to time, for
the purposes of future construction, reconstruction, inspection, maintenance, or repair of
the same or, any part thereof. Said utility easement shall be subject to the following
conditions:
a. No buildings, structures, trees or any temporary structure, material storage, fixture, or
any other objects_which may prohibit normal access to utility facilities for maintenance
purposes will be permitted within the easement azea.
b. Improvements in or upon the above described easement that do not prohibit the City
from exercising its reserved rights may be allowed by obtaining written permission
from the Department of Public Warks Sewer Division with the understanding that the
restoration and wsts of such improvements shall be the sole responsibility of the
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Page 3 of 4
West End Vacarion
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petitioner, its successors and assigns in the event the City 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 the Department of Public Works operations, all removal,
replacement or modification costs shall be borne solely by the petitioner.
d. No change from the e�sting grade within the easement area shall be pernutted without
written permission from the Department of Public Works Sewer Division.
e. No change in surfacing within the easement area shall be permitted without written
pernussion from the Department of Public Works Sewer Division.
f. The petitioner, its successozs and assigns shall fully indexnnify, defend, and save
harmless the City of Saint Paul, its officers, agents, employees, and servants from all
suits, actions, or claims which shall arise from any injuries or damages received or
sustained by any break in any service pipe 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 the petitioner, their successars and assigns agree to indemnify, defend and sa�e
hainiless the City of Saint Paul, its officers and employees from all suits, actions or claims
of any character brought as a result of injuries or damages received or sustained by any
person, persons or property on account of this vacation, ar 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 claims or liability arising from
any violation of any law or regulation made in accordance with the law, whether by the
petirioners or any of their agents or employees.
6. That the petitioners, their successors and assigns shall, within 60 days of the effective date
of this resolution, file with Public Works, City Rea1 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.
Pag� � �� �
West End Vacation
Yeas Na s Absent
Benanav ✓
Bostrom ,/
Hazris ,.—
Helgen �
Lantry �/
Montgomery �'
Thune �
d 1
Adopted by Council: Date ��/��/� 7
Adop6on Certified by Council Secretary
BY� ���Sd�
Approved b ay � Date `� u
By:
Requested by Depamnent of:
. �
��/%/
� ��� �
Form
sy:
Form
By:
o�-3y�
� Green Sheet Green Sheef Green Sheet Green Sheet Green Sheet Green Sheet �
p1(� �ublic woxks
Contact Person & Phone:
Jean Borgen
266-8866
Must ee on Council Agend
t&APR-�
Doc. RESOLUTION
E-DocumeM Required: N
Document Contact:
ContactPhone:
Tolal # of Signature Pages,
02-APR-07
y
Assign
Number
For
Routing
Order
Locations for Signature)
Green Sheet NO: 3038293
Q �ubGc Worlcs � �
1 blic Works Brnce Beese
2 ' Attorne Jnd Iianson
3 or.•s 6Sce Ma odAssisfant
4 omcil
5 ' G7erk CS C7erk
PUBLIC HEARING. Vacate a portion of the aliey (and dedicate another) in the West 7th & Montreal block in order to facilitate
development.
iaanons: approve �n� or h
Planning Commission
CIB Committee
Civil Service Commission
1. Has this person/firtn ever worked under a contrad for this deparimenl?
Yes No
2. Has this persoNfirm ever been a city employee? �
Yes No
3. Does this persorJSrm possess a skill noi nortnally possessed by any
curtent city employee?
Yes No
Explain all yes answers on sepa2te sheet and attach to green sheet
Initiating Problem, issues, Opportunity (Who, What, When, Where, Why):
Developer will build a banking institution (Highgrove) subject to restrictions herein and others that may be requested through site plan
_ review and other city processes.
AdvanWges If Approved:
Development will proceed
Disadvanqges IfApproved:
None foreseen.
Disadvantages If Not Approved:
Development will not proceed as planned.
Trensaction: $1,200
Funding Source:
Financial Information:
(Explain)
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April 2, 2007 9:28 AM
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CasURevenue Budgeted: �
Activity Number. 255-12363-2833
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To: The Board Members of the Plauuing/Zoning Committee
From: Mr. George Novak
Resident of: 1 I 17 Montreal Avenue,
St. Paul, MN ,,, O /5-/ � n /y , �� pQ
Lot # 14 �'L �L `7 b O U
Date: Mazch 29, 2007
Re: Proposed Variance and Plans regarding lots li& 14 on Montreal Ave.
Deaz Boazd Members,
My name is George Novak. I would like to voice my concems about the building plan proposed by the
"Community Credit Union. The plan includes moving the ailey by my home and erecting a 6 ft. fence right out
my window. I am opposed to this plan for a number of reasons...
#i I believe the relocating the alley will create an added traffic burden on Montreal. Montreal/W 7`
Street/Lexington intersection is already a hazardous one. There are many accidents, and neaz accidents, here
daily! With the alley relocation proposal, the alley Is yet another tributary to a traiYorous intersection.
I acknowledge that the Credit Union needs an entrance/exit, but wouldn't using the existing alley lo,ca#ion work?
I am concerned about the added tr�c volume and congestion this tributary will impose on this already
precarious intersection. It is my belief that this is aiready one of the busiest intersections in this city! Any
tr�c added to any one of the streets mentioned would compound the probiem of keeping h�affic moving
smoothly and safely during the rush hours, both morning and evening.
The lack of a`left-hand-turn-lane' from Montreal Ave to head west on W7�' Street is an accident waiting to
happen. It is the most confusing intersection I have ever driven through! No one know who has the right-of-
way! Does the driver huning right, the one going straight, or the one turning left have the right-of-way?!?
#2 Concern for pedestrian safety... I have only spoken about vehicle tr�a There is incredible danger for any
brave soul who chooses, or needs, to cross at this intersection while biking, walking, jogging, roller blading,
etc.! This intersection REALLY needs ATTENTION by some department! Someone should observe the
intersection as the streets are laid out now. Observe how the traffic moves, how many near accidents there aze,
how many accidents there aze in a week/month, and see the dangers present for non-motorized
transportationists! Then, concider what potential hazards this new access onto Montreal wi13 create. The road
was designed this way many, many yeazs ago, and I believe it was wise to NOT add traffic to Montreal at this
busy and confusing 3-way intersectionl
#3 We need a well taught out plan to provide smoother, safer travel at this 3-way intersection of Monlreal
Ave., W 7 Street, and Lexington. We do NOT need to add to the stress at this site. The lines are already long
waiting for traffic signals to change. The light's rotation is one that requires a longer `stop/gd then most
intersections.
During rush hour it gets really stressful, to say the least! The residents, that live a block or two just west ofthis
intersection, use the left-tum-lane on W 7�' to get onto Montreal for one block. They then turn right onto Selma
Lane, then left to Ivanway and other streets to reach their homes. This requires long waits, creating a real mess,
.,
both in the mornings and evenings. We could use a meaningfiil, soluble resoluUon to an already existing tr�c
problem, NOT more traffic added to an already stressed intersection.
#4 My very personal concern... That is the decrease in my properry value due to a`road' passing a mere 6 ft.
from the master bedroom of my home! The request by the Credit Union to vacate our alley from it's present
location to my properiy line, between lot 14 & lot 13, for use as an entrance, as well as an exit, from and onto
Montreal Ave. creates a`road' right out my bedroom window. The Credit Union/Bank has informed me that the
fence they propose to install will be 6' tali, 80% solid, and located merely 3' from our property lines. This wiil
only leave me to deal with every bit of tr�c that the Credit Union/Bank generates daily - drive-thru customers,
waik-in customers, deliveries, pick-ups, trash removal, etc. - to pass within 6 ft. of my bedroom window.
Currently, the alley that could be used is at the reaz of our lot, some 60 faet from my bedroom window, with my
garage as a blocker. This "privacy fence" doesn't provide any 'privacy' for me whatsoever!
#5 The alley is busy enough! Moving the alley will result in more tr�c through the alley, as well as onto
Montreal. There are about 6+ school busses coming and going twice a day bringing in and picking-up children.
The Credit Union/Bank has deliveries everyday and upwazds of 30 - 40 cazs coming and going from their
pazking lot all day long. This is a very busy alley! The a11ey has a sign stating that it is "NOT A THRU
STREET/ALLEY". But you cannot conffol who uses it - cazs, trucks, busses, eta If this 'alley relocation' is
approved, as proposed, every bit of traffic will pass within feet of ine. I will have to endure the noise and smell
from these busses, trucks, and cazs. Than, when I eventually need to sell my home, I wili loose money because
my properry won't be worth as much due to this `heavy' traffic within feet of the home! I really believe that I
deserve more than this! I deserve many feet between my house and the alley to buffer the noise and air pollution
and to maintain my property's value.
#6 Major inconvenience and lack of consideration, to those of us who have lived here so long and paid so much
in t�es, just because some new business thinks it would be more convenient for them, Change for one at the
expense of many! We are not moving into their neighborhood. They have chosen to build in ows.
Some forty-five to fifry years ago, when we built this house, we joined the neighbors' as we all petitioned the
City of St. Paul to have the current alley put in. We did this so we would have off-street parking. All of our
gazage doors face the same way. Currently, we can enter the a11ey without making any shazp turns, backing up,
or any other potenrially dangerous maneuvers. This plan will change all that. The way we enter and exit the
alley, and our gazages, will have to change, why? Because it might be more convenient to a business? I feel
that no one is really looking at the impact these changes will make/could make.
#7 Drivers' severe loss of vision due to a high, relatively solid fence. The £ence, as stated in the present plans,
extends all the way to the edge of the entrance/exit out-lit to Montreal. A fence 6 feet tall and 80% solid would
severely inhibit a driver's ability to see oncoming traffic and make safe turns in and out of the busaness.
I know that I am very passionate about this! I have tried to resolve things on my own. I tried to pwchase or
lease more space next to my home. I was told it wasn't `possible' to do so. The very thought of walking on my
sidewalk and being able to touch a fence, to have tr�c crusing within three feet of my bedroom window, as
well as increased tr�c flow is very, very disturbing to me! I cannot believe that the fence couldn't be moved
fiirther west, and the alley couldn't remain where it is, and the Credit Union/Bank's tr�c couldn't follow
established routes, and a dangerous intersection couldn't be better controlied instead of dangers being
compounded with increased traffic.
Thank you for taking the time to read some of my concems regarding the proposed variance and relocation of
the alley by Montreal, W 7`�' Street and L,exington. I hope to be able to come before the boazd, before the fmal
approval of these plans and variances.
Sincerely,
George Novak ,f� '/� G /��
..�� � C- �
CITY CLERK'S OFFICE
Shari Moore, CiryClerk
CITY OF SAINT PAUL
ChristopherB. Caleman, Maynr
29Q City Nal!
15 W. Kellogg Boulevard
Snint Paul, Minnesota SSl02
August 16, 2406.
Bruce Engelbrekt
Valuation Engineer
Real Estate Division
1000 City Hall Annex
Deaz Bruce:
�� �zo��
� 7 3y9
Tel.: 651-266-8988
Fax: 651-266-8919
www.s7pnuLgov
I refer to you to check as to form and sufficiency and for recommendation, the attached petition
of Steve Nilsson for the vacation of the alleys in Block 21, Lots 12 and 13 according to the
recorded plat thereof on file and of record in the Office of the Saint Paul City Clerk.
Sincerely,
�llX.c.� ��y,
Shari Moore
City Clerk
Attachxnents
AA-ADA-EEO Employer
u'1/Y8/Oti PR1 17'1'L NAX 763 525 1666 CLARK ENGINEERING
07/OS/2008 15;13 FAX 95 29 3 3115 3 RLIC RI3USISTO L'fll
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AAikA!
PETIITON T� YACATE �ITY INTEREST
. . ._ - --- - -
!m 009
�vuriuJS
o7-3y�
I(we), lhs uadersigncd, coastihxRag s majority o£the ownars (or cb¢'v fegeSty designaied repr<senta�ves) of tAc abuttiag ptoperties, do
Lcreby petition t�e Counci3 of the City of Saiat Paul to vacate i�%interests in thc �roperLy(�e5) iegally defcnBeB as }'otlows:
�(.C,�G SaG. i�'�IP�18� V1�0�'Cjou. d��e� �low
I(wc) rcqucst t6is vacetion for the f�Slowing masoa(sj. (InQicate whethes you will bc building oa the sito.)
'�v �or�,n�ee �'uro(i-� PaaR.u-15 o�Y��.d lo�t'k. sr��c2.r�'�• i���it.�
i s QRo��1 -l� b,c. bux �t- cs+�-1�1 hdt ��' {� -�-�,,C-.c.xis-�►'v�e� �(f t� .
I iwe) have attacLed su wpies of she eite plans of any d�veloymoat intended foc coastruetien ou the 7ands to be vacated.
Cantaet Person
Nsmc:
Pbonc:
Addrcss;
AlYenla
Name:
Phone:
Address;
Persun(s) resgousibte for payment of vacation fee
and i�r acceptsnce of 2he ferms and conditions of
the vacakion:
x��:
Phonc:
Address.
Name_
YSonc:
Addrtss:
Namc:
Phone:
Addreas:
Name:
Phone:
Addtess:
-
07/28/O6 FRI 17:12 FAX 783 525 1666 CLARR ENGINEERING � p�O10
07/OS/2a0G 15:13 FAX 9529331153 RLK RUDSISTQ LTD l�1U08/nU�J
�, _.�9
am the pefitioner, or one ot thc �etltioncrs in [6e above mattar; and i da
Gereby swear and varify q�ai each of tbe sigrzatwes on this o�htion was signad io my preseucc by the person descriEed in the pctition.
T �
Pesitionet
Su6scribcd avd swnrn to before me t6i5 �n�
dayof �Ctt ,206/0
� e, C��
Notary �
?dy commission expiros / 3� /0
PqTRICIq A. BREAUtT
NO7ARY PI18LlC - M�gpTA
MYCOMMISSION
EXP7RE5 JAN. 31, 2p� 0
o �-.�� g
August 28, 2006
Jean Borgan
City of St. Paul
Public Works
Teclurical Services Real Estate
25 W. 4th Street, Suite 1000
St. Paul, MN. 55102
Deaz Jean:
At your request this letter is to confirm that Steve Nilsson is the Managing Partner of Capital Partners and
he is auihorized to sign and speak on behalf of the partnership. Please call with any questions.
Sincerely,
�
Steve Nilsson
STATE OF MINNESOTA
COUN"I'Y OF A�/ok'� ss.:
On Ihis a� day of p7'(�'U51� . 20 (j �U personally came before me, a Notary Public
ivithin and for said Cotmty, u�d STEVE NiLSSOn� , to me well la�own to be ihe same persons described in and who
executed the foregoing inshument, and acknowledged [ha[ they eacewted the same as their free act and deed.
/ " ` __ � �
Notary Public " ,
My commission expires: � /�D
PATRICIA A. BREqUtf
NO7ARY PUBLIC. MR�ptA
MY COINAHSSIOPf
EXPIRES JAN. 37, 20i 0
COMMERCIAL PARTNERS
TI7lE, LLC
CPT 25353
200 SOUT'fi SIXTH STREET, S(JITE 1300
MIN, IL•APOLLS, M1V 55402
Phone;611J337-2470
Fax:617J337-2471
A scarch of oiv hact indites and ofthe pttblic records in the O�ee of the Counfy Ruorder,
Ramsey County, Minnesota, as to 4ie following described property;
Lot 6, Black 21, West F.nd
Lot T, $lock 21, West Eud, excegt s(reet
T.ot 8, Btock 21, West F.nd, excepl street
Lot 9, Btock 21, West Snd, eacccpt that part described as follows:
Conunencing at a point on the Notth line of Montreal Avenue at its intersection witkt the
Southeasterly line of West Sevestth Strcet aswidened, t6enceNortheasterly along said
Southeasterly line for a distancc of 1 S fcet thence Soufl�erly on a straight line to a point on the
Norih line oFMontrcal Avenue 18 feet East ofits intersectionwith die Sovtheazlerly line of West
Scvcnfli S[reet ss widenetl; ihence West atong said North line to the place of beginning,
T.ot 10, Btock 21, West End, Racnsey County, Minaesnta
Toireus Propedy
Toaeizs CertificateNo. 558197
Lots 11,12 and l3, Block 21, West End, Ramsey County, Minnesota.
A6snactProperty LvD �7�'3936
discloses ll�at Capital Partne�s, LLP, a Minnesota limited liability paRnership, is the gantee
in the last xecorded eonveyance of said piopccty.
ata*
The following items Are noted for your informalion:
I. Mortgage dated November 30, 2001, filyd July 25, 2002, as Dxument No. 3519504
(AUstract) and fileci July 25, 2002, as bocument No. 1697810 (Toacns), executed by
Gallcs pmpexlies, a Minnesota general paz�ership, as mortgagor, to ba[cota Bank, as
ntortgagee, in the original principal amount of $546,670.00.
2. Assi�nmcnt of Rents daled Novembcr 30, 2001, filed July 25, 2002, as Document No.
3519505 (Abstract) and Gled Ju1y 25, 2002, as Documen[No. 2697811 (Torrens),
executed by Galles Properties, a Mumesota general partnership, as assignor, to Dakota
Bank, as assisnce.
3. Mortgage dated May 15, 2001, filed July 25, 2002, as Document IQo. 3519506 (Abstract)
and (i[ed July 25, 2002, as Document No, t 697808 (Torrens), executed by Ga21es Propertles,
a Minne,vota gencral paztnership, as moRgago , to Dakota Ban$ as mortgagee, in the original
principal an�ountof$508,200.00. �
4. Assignment af Rents datcd May 15, 2001, filed July 25, 2002, as Document No, 3519507
(Abstr�ct) and filed July 25, 2002, as Aocument No.1697809 (Abstrac[), executed by
Galtcs proper(ies, a Minneso[a gcncral partnership, as assignoi, to Dakota Bank, as assignee.
5. Modification of Mortgagc datcd November 21, 2003, ttled May 24, 2004, as Document No.
375G233 (Abstract) and filed JuIy 16, 2004, as Document No. 1826742 (T'oaens), executed
between Galles Propertics, a Minnesota general partnership and Amctican $ank of St. Paul.
d7��9
d7���
G. Mor[gage d�tect June ] 3, 2002, filed August 9, 2005, as bocument No. 3878533
(Abstract) and fiicd August 9, 2005, as pocument IZo. 1927054 (Tonens), executed by
Gailes Properiies, a Minnesota cocpotation, and Dakota Bank, as in the original
priucipat anCount of $150,000.00.
7. Assignmen[ of Rents dazed Iune l3, 2002, filed August 9, 2005, as Document No.
3378534 (Abstract) and filed Au�ust 9, 2005, as Document No. 1927055 (Toicens),
esecuted by Ga11cs Piopesties, a M$uiesoW corporation, and Dakota Bank
8. Mortgage and Securiry Agreemeitt and Pixture I'inancing Statement, dated Mazch 24,
2006, filed Mareh 29, 2006, as Document No, 3936G65 (Abstxact) and filed March
29, 2006, as Document A*o. I957422 (Toaens), executed by Capital Pamicrs, ISP, a
Miunesota limited liability partnership, and Excel IIank Minrtesota, aMinncsota
baaking coiporalion, in lhe orignal principal amovnt of$690,000.00
9. Assignment of i,cases and 12rnts, dated March 24, 2006, filed March 29, 2006, as
Documcnt No. 3936666 (A6slract) and filed Mazch 29, 2006, as Document No. 1957423
(Toxrens), executed by Capital Partners, LL.P, a Minnesota limited ]iabilitypartnership,
and Excel IIank Minnesota, a Minnesota banldng cocporation
REAL ESTATF. TAX INFORMATION•
Real cstate taxes for 2006 in tho amount of $1,942.00 are unpaid.
�asc tas for 2006 is $1,942.00
Rcat estate taxes for 2005 and prior yeazs aze paid in full,
PmpertyisNon-Homestcad. •f n ,r'j�. L LP
Propedy Idcnlification No.: 15-28-23-14-0023 (as to Lot 6, B]ock 21) n�� �°"`' � C
�os -5���e S. ,�c 3zs
Iteat estate tazcs for 200G in ihe aznount of $18,912.00 aze unpaid. f � l� lS 1-t PI �� 40 �
Basa tax for 2006 is $15,912.00
Real estate taxes for 2005 a�id prior years aze paid in full.
Properiy is Non-Homcstead. � �
Property IAentification No,: 15-28-23-14-0066 (as to Lots 7-I 1, Block 21)
Reat estate t:uccs for 200G ni the amount of $584.00 are unpaid.
Base taac fur 2U06 is $884.00
Heal estate tnxes for 2005 and prior ycus aze paid in full.
Properiy is Non-Homestead, �
Propertyidenti(ication No,: 15-28-23-140026 (as to Lots 12 & 13, Block 21)
0 7-3� �
COMMGRC[AL FARTNERS TITI,B, LLC, hcreby certifies that it has mada a seatch in thc
offices of lhe hercinafter desctibed Courts and finds no unsatisfied jud�nents dockefed in ihe
Dislriet Coun, Second Judiciat District, Ramsey Couaty, Minnesota, against the names of the
person(s) or co�pomtion(s) shown betow, betwcen the dales set opposi[e their respec[ive names,
except as shown haeon:
FROM: TO:
Capital Parcncrs, LLP March 29,1996 Apri13Q 2006
Cextifications by COMMLRCIAL. PARTNERS TITLE, LLC, az to the naznes and datcs shown
aUove, also cover records in ihe Office of County Recorder as to Notices oFBankruptcy, Noflces
of Pederat Tax Liens and as to Notices of State Tax Liens,
Tl�e liability o f the COMMERCIAL PART'NERS TITL�, LLC is for reasonable cazc in making
this scuch and shall isi no c¢se exceed the Icast oE
(a) the aatuyl ioss of the applscant; or,
(b) Ute sum of $150.00
This is not a 4tic iasurance policy and shosstd not be relied upon as such. Por fu11 proteclion, a
[itle insurance palicy should be securcd.
DATED TPCIS 30th DAY OF Aprii, 2006 AT 7:00 AM.
COMNf PARTNERS TTTLE, LLC
bY li�t/a�l� ��""�C�
(Authorized Signatory)
Department of Pub3ic Works
Bruce Beese, Director
Technical Services/Real Estate
1000 Ciry Hall Ann�
Saint Paul, MN 55102
a7 3�9
Phone: (651) 266-8830
Fax: (651) 266-8855
CITY OF SAIIVT PAUL
Christopher B. Coleman, Mayor
August 28, 2006
To A11 Public Utilitaes
Or City Departments
RE: Our File 17-2006 (Vacation of part of alley in MontreaUVJest 7` block)
The City Clerk has referred to this office for recommendation the pefirion of Capital Partners LLP
for the vacation of a portion of the alley, which will be rededicated. (See attached map.)
This inquiry pertains to the vacation of City right-of-way only; utility easements may remain
or be relocated at uetitioner's exoense if the ntiL�v so reauests (Utili6es please note: Petitioner
must negotiate directly with you and comply with your specifications to move any existing
facilities.)
The purpose of this vacation is to allow for redevelopment by connecting two pazcels owned by
the same entity, then to build a commercial office buiiding. Development plans do include
building on, and adjacent to, the alley to be vacated.
Will you please advise me of any concems you may have regazding this proposed vacation as
soon as nossible. I would like to receive your comments before September 16, 2066 so I can
prepaze a report to the City Council on this matter. If you would rather respond on your
letterhead, please refer to the above listed file number wfien replying. For your convenience, you
will find an inquiry reply form and Certificate of Intended Non Use enclosed with this
correspondence. For the v$carion of right-of-way only, you may fas or e-mail your reply to
us.
If you have any questions regazding this matter, please call me at 651-266-8866.
Sincerely,
� �lc..��1 �'�—
, Borgen
Email: jean.borgen@ci.stpaul.mn.us
Public Works — City Real Estate
Technical Services Division
� Jean Bo rgen - SCN 20 060828110471 00 1.pcJf _
— — — -- �--= Page 3
0 7-3�9
CERTIFICATE OF INTENDEQ NON-USE
THE HONORABLE MAYOR AND MEMBERS
OF T7� COUNCIL OF TI-IE In ihe Matter of:
CTTY OF SAI3VT PA[JL Vacarion F"i1e � 17-2006
The undersigned heieby certifies, on behalf of the indicated department or company, tLat it does
not i�end m exercise its utility rights in the realcy desc[ibed beLow:
A portion ofthe alley in Block 21, Zols I2 and I3, West EndAdditian to the City ofSaint Paul.
except as Lere noted:
coma�r�aP�^em �
l3u;��r C3ck�kticJ
j `� ES���J EnY�;v�EP_
� �
STATF OF
hDNNFS07A 1
�S�I A.IG 173✓J
� 1�E.`�tG,r..3 t�..G /
�
LINDAA. JUELICH
y Notary Public-Minnesota
�Y` MY �m�ion Expkea Jan 31, 201�
RETORN SI(;NF.DlNOTARI7.EA COPY TO 3000 C7TY HALL ANNEX, 25 W. 4 St.� SA', ST.
PAIIL bIN 55102
. .... .. ` . ....... .. .... _ _...� .� .... .� -.-.... �. �..»�.i _. ..._.��.� � . `�'.
t�: — — _ r : _ _ _ _ _ _ __'
07 °/
CERTfFiCATE OF INTENDED NON-USE
THE HOj�10RABLE MAYOR AND MEMBERS
OF THE COUNCIL OF THE In the Matter of.
CIT'Y OP SAIN'P PAL7L Vacarion File # 17-2006
The undecsigned hereby cerlifies, on behalf of the indicated department or company, tbat it does
not iniend to exercise its utiliiyrigLts in therealty descn'bed below:
A portion ofthe atley in Block2l, Lots I2 and I$ West End Addition to the City ofSaint Paul.
except aa here noted:
�Cmbpsry/Depvnow[ '� ,{ (j
.1 )ls�t i c�' CJ�u4..' � 31.5 {�T'���. �U.W(
�
SiAIE OF
MINHE507A �
COUNTYOF
7Lc farc�ing iostrummt wv
wWailuiawsof@eSbtaofM'mnaotaJ��oo��w' S�` �T�— ..p n C � � _
NamyPub]ic t ..�ke�.. h. �i�lJ*-�.�6�
M n� � 31� a.o�b
RETURN SYGNED/NOTARIZED COPY TO 1000 CITY HALI. A1�INEX, 25 W.4 St, ST, ST,
PAIIL MN 55102
TRUQY L. SHER�MDOD
riornRV wet� - ns+w�sora
nmr con�r�ssiota
EXPIRES JAN. 31, 201 0
Its: {J
0 1 ��
._.��....__.�_�.._..__.�...�...__-__--:.._�_.. _._��._._.� . _,..._.__...� w__._._v__w _.._.�__..��. ___._ --.---__._.._.��__.___ _._ ....�_.
' Jean Borgen SCN_200608? ______ ....�� ___________ .._. _ .___ . Page 2 i
�73�'�
r« 3ean BorgeL
Reptyr to Vacation Inquiry
Eile # 17-20�5
Fcc1
F�� KA i �-i
jiJB b3PC�0 QbjCCL10t14 hJ 1bLS Y3G3flOIl �
We w�71 a�PPmve tFus vacation, subiect to tfie following condirions: � �
Foi �e fmOnwin.�reasons, we cannot approve this vacafion: Q
1!3iilS FOEMIS TO Y�ICATEAIZEP RIGHT OF WAYONLY:
,q porli:car� of tfie alley in Block 21, Lots 72 and 13, F�est End Addition to the City ajSaint
Pa�l
Provided, how�ever, ihat easement rights be reserved in favor of Northern States Power
Company d/bdai 7(� I Energy within the entire area of alleys subject to Vacation # 17-
2006, for exisii'ng e lectric facilities located therein, the approximate location of which
facilities are sh�aarn an the attached system map.
To provide a le �al description of the facilities, Xcel Energy wili need to prepase a survey.
PLEASE PROVIDE A COPY OF THE ADOPTED RESOLUTION
WHEREIN THE DESCRIBED RIGHTS ARE RESERVED.
a:o%� ����'� /
—
- I$- 1�b.b
Date
D7-3�q
� Sean' Borgen - RE: Proposed Vacation 17-2006� �� � ���.'�"��`� " `_ _ _ __ _.�..�. _.�.. .� _ ...� - - -- - �� � p
a�-3��
From: "Woehrle, Daniel J" <daniel.j.woehrte�a�ccelenergy.com>
To: "Jean Borgen" <Jean.Borgen@ci.stpaul.mn.us>
Date: 9/14/2006 8:5323 AM
Subject: RE: Proposed Vacation 17-2006
Xcel Gas has no objections to this street vacation. Certificate of Intended Non-use to follow via U.S. mail.
--Original Message—
From: Jean Borgen [mailto:Jean.Borgen@ci.stpaul.mn.us]
Sent Tuesday, September 92, 200612:02 PM
To: Woehrle, Daniei J
Cc: Colleen Paavola; Dave Marcuffo; Greg Pye; Jody Martinez
Subject: Fwd: Proposed Vacation 17-2006
This is a second request. Thank you
Jean Borgen
Tech Svcs - Real Estate
25 W. 4th St., Ste 1000
St. Paul MN 55102
Fh 651-266-8866
Fax 651-266-8855
»> Jean Borgen 8/28/2006 11:13 AM »>
Attached is information related to the petition of Capital Partners LLP
to vacate the City's interests in:
a portion of the alley in the MontreaVWest 7th block.
1) Vacation request letter (pdf file, also as Word doc)
2) Inquiry reply form (second page of request letter)
3) Certificate of Intended Non-Use (third page of letter)
4) MaP QP9)
5) Map & Legai Description, two pages (pdf file)
Please review and reply at your earliest convenience, but preferably no
later than September 10, 2006 if at all possible. If you have
questions, or if you cannot open the attachments, please reply via email
or cail me at 651-266-8866. Thank you,
Jean Borgen
Tecfi Svcs - Real Estate
25 W. 4th St., Ste 1000
St. Paul MN 55102
Ph 651-266-8866
Fax 651-266-8855
� 7 3� �
',.�
_ �.._....u�.r y�
�s
:�IC31�Tet� osk 5ervSces, Tnc.
aar�onus�s
CITY OF S�NT f'A[IL
Jeau Borge¢
10�4 Cizy Ba3! Annex
Saint Paul, MN SSi02
RE: FII.E 17 2006 — ALLEY YACATL4N REQUEST
— 7TH STREET �t'. AND MONTREAL AVENUE —
Saint Pau}, Ramsey, MIIIIlESOY8
MCI ID: 5520-2006
I?ear SSr ar Madam;
OSP Matiwal Support /
litt"Ci[to8hOt15
Dept 42Q6i L:c IR7
2dW ,\TUx7h Uiemille
$icl3ers?�cm,TX 7�tW2
MCI t�as been notified by yow office regarding the above referenced p�aject.
For your records, in revie�`ring i1�e area in q�estion, iY has been determined that MCI dces
not have facilities within your project area
You shauid address corresponde�ce concerning aasy future pzo}ects fo the attenf�on of
OSP Nationai SupgorE/iavest'sgations at tl�e above address.
If you need fiuther assistance tiVifh this pro}ect, ptease do not hesi#aie fo cail.
Sincerely,
Bache3der
O5P National Support t Investigations
(972)729-60I6
Faecmnnr_Un FarlSiti<e A..�-
--.. _�__.__..�__.__� �_._. _.__. __ ___� _____.___,_____..._.�, _.__�___ _._.� .�._ ..._ ��._.__ __, � _��
{ Jean Borgen - RE: Proposed Vacation 17-2006 Page 1'
07- 3� 9
From: "Ruppert, Scott" <Scott Ruppert@cable.comcast.com>
To: "Jean Borgen" <Jean.Borgen@ci.stpaul.mn.us>
Date: 9/8l2006 10:54:06 AM
Subject: RE: Proposed Vacation 17-2006
Jean,
We currentty have aerial facilities in this area. Comcast wili release
its easement in the described right of-way provided the proposed
improvements do not interfere with its exisGng facilities or interfere
with ComcasYs access to the said facilities to maintain, repair or
upgrade them. Should the said improvements in anyway interfere with or
prevent access to the said facilities, the petitioner or its successor
shall provide new easements as required and the petitioner or its
successor shail assume all costs of relocating faci�ities to the new
easements.
Scott........
Scott Ruppert
Comcast
3050 Echo Lake Ave
Mahtomedi, MN 55115
Phone 651-493-5127
Fax 651-493-5716
v7-3� �
ro: Jean Borgen From: Colleen Paavola
Reply to Vacation Inquiry CityofSt.Paul CityofSt.Paul
���e �,� 7-2��6 Public Works Technical Svcs Public Works
Phone# 266-8866 Phone# 266-6104
F�a 266-8855 F��
We have no objections to this vacaUon
I�I
We will approve this vacation, sub.ject to the following conditions: ��
For the following reasons, we cannot approve this vacation: ❑
THIS FORMIS TO YACATE ALLEY RIGHT OF WAY ONLY :
A portion of the alley in Biock 21, Lots 12 and 13, West End Addition to the City of Saint
Paul.
Tr�c Engineering has reviewed this request and has no objections subject to the
following:
1) That the petirioner sha11 be responsible for constructing a relocated alley outlet to the
satisfaction of the Department of Public Works under an ordinance perxnit issued by
Public Works Street Engineering.
2) That the petitioner shall dedicate to the City of Saint Paul an alley easement a
minimum of 20 feet wide for the relocated portion of the alley, to the satisfaction of the
Department of Public Works.
3) That the petitioner sha11 dedicate to the City of Saint Paul an additional5 feet of
right-of-way at the comer of Seventh Street and Montreal Avenue to allow construction
of a wider sidewalk and pedeshian ramps, to the satisfaction of the Department of Public
Works. (see attached)
4) That the petitioner shall obtain approval from the City of Saint Paul, Department of
License, Inspection and Environmental Protecflon (LIEP) for their development plan,
through the City site plan approval process.
s�- ��-- Z2 0
ed Da�-��
� Jean Borgen - Re: Pro�osed Vacation 17-20o6 � " " ` -° --- _ . ,____._ _ �. ._, _ _ __ .._ �_ _ � - � -- �� page 1 `
0 7-3� 9
From: Dave Marruffo
To: Borgen, dean
Date: 9/12/2006 1:07:56 PM
Subject: Re: Proposed Vacation 17-2006
SPRWS has no issues with the vacation of the aliey in the Montreal/west 7th biock.
Piease resend a fuit size request for refease of easement. Thanks
»> Jean Sorgen 8/28/06 11:13:55 AM »>
Attached is information related to the petition of Capital Partners LLP to vacate fhe City's interests in:
a portion of the aliey in the MontreaWVest 7th block.
1) Vacation requestletter(pdffile)
2) Inquiry reply form (second page of request letter�
3) Certificate of intended Non-Use (third page of letter)
4) Map GP9)
5) Map & Legal Description, two pages (pdf file)
Please review and reply at your earliest convenience, but preferably no later than September 10, 2006 if at
all possible. It you have questions, or if yoo cannot open the attachments, ptease reply via email or cail me
at 651-266-8866. Thank you,
Jean Borgen
Tech Svcs - Rea1 Estate
25 W. 4th St., Ste 1000
St Paul MN 55102
Ph 651-266-8866
Fax 651-266-8855
_ _ V _
�
Jean Borgen - SCN_20060828110411_001.pdf _ , . _ _ _ Page 2
073��
Reply to Vacation Inquiry
Pile # 47-2006
ro: Jean Bnrgen
' ec� {�.
'V
P. P. D .
We have no objectians W this vacalion 0 i
We will approve this vacatioq subject to tEie foltowinR couditions: � � �
For the followinR reasons, we cannot appmve this vacatiop: � Q �
THIS FORMIS TO YACATEALLEY RIGHT OF WAYONLY: i
A portion ojthe allsy in Black Zl, Lots 12 and 13, West End Addition ta the Crry of Saint j
Paut �
n �,p %J ;
. � a++r� a� � 'W� 1� � � �aw'^.`�✓ 1i"� `��..w�C �'^ 'Q`�� �
�� .RH.t. z�.. � � .�•-�- -�-� �. -ex...� • j-
.
z.� -�-� � �` °�t� `� �'�' y��'" �' ��
a � � � � � �-�...�- �.�. �- i
p,+.��-, ��-.� �. �-. �- � �� s' c.� . ��� �� t c t� w►�
q — ��� � /����Q, i
.�P.w:o ,�.e�., y_ �3-0 6
Sig�ed � Date
Jean 8orgen - Fwd: Pro�osed Vacetion '17-2006 � � � � ~ v � . M �-_ Y~ � pa e 1;
�7
Fram: Steve Zaccard
To: Borgen, Jean
Date: 9i8/2006 9:54:03 AM
Subject: Fwd: Proposed Vacation 17-2006
Jean, this is approved by the fire department. Thank you.
Steve Zaccard, Fire Marshal
Dept of Fire & Safety Services
100 E. 11th St
SaintPaul, MN 55101
651-228-6201 Office
651-228-6241 Fax
612-880-5779 Pager
»> Steve Zaccard Sl28120061120:46 AM »>
Frank, please review this proposed street vacation and reply to me. Thank you.
Steve
»> Jean Borgen 8l28f200611:13 AM »>
Attached is information related to the petition of Capital Partners LLP to vacate the City's intetests in:
a portion of the alley in the MontreailWest 7th block.
1) Vacation request letter (pdf file)
2) Inquiry reply form (second page of request letter)
3) CeRificate of Intended Non-Use (third page of letter)
4) Map (jpg)
5) Map & Legal Description, two pages (pdf file)
Please review and reply at your earliest convenience, but preferabfy no later than September 10, 2006 if at
alI possible. If you have questions, or if you cannot open the aftachments, please repiy via email or cail 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
� Jean Borgen Re:�Proposed Vacation�l7-2��6 � � �_ �� ' � � � `�. " "`"�" — --° " -- . __ _ .� �
0?-3�-�,�
From: Tom Beach
To: Borgen, Jean
Date: 8/31l2006 7_13:28 AM
Subject: Re: Proposed Vacatian 17-2006
LIEP has no objections to the proposed vacation.
But here is something to consider. The vacation is being asked for to create a parcel for devetoping a
small shopping center/strip mall. The plan needs zoning approval (site plan review and a conditionai use
permft for a coffee driver thru window). If the vacation becomes controversial, you might considermaking
the vacation conditioned on getting zoning approval for the development.
Tom Beach
LIEP
8 East 4ffi Street
Suite 200
Saint Paui, MN 55701
651-266-9086 (phone)
651-266-9124 (fax)
tom.beach@ci.stpaul.mn.us (email)
»> Jean Borgen 8l28/20061 i:13 AM »>
Attached is information related to the petition of Capital Partners LLP to vacate the City's interests in:
a portion of the alley in the MontreaUWest 7th biock.
1) Vacation request letter (pdf file)
2) Inquiry reply form (second page of request letter)
3) Certificate of Intended Non-Use (third page of letter)
4j MaP UP9?
5) Map & Legal DescripGon, hvo pages (pdf file)
Please review and reply at your eariiest convenience, but preferabfy no later than September 10, 2006 if at
aA possible. If you have questions, or if you cannot open the attachments, piease repiy via email or caii 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
CC: Murphy, Linda
09/20/2006 11:06
6512927405
ST PAUL PARKS & REC
PA6E 03/06
07
Jean Sorgen Fr°'"•
ra: �,�
Reply to VaGation Inqui .ry (�p�rrl{2
File # 17-2006 c�c o�st �aui ��
Yubtic Works Technical Svcs
pn��� 266-8866 PhoncN Z�p�, ,��
r�n 26�r8$55 F
We have no objections to tt�is vacation Q
We will appzove this vacation, subject to the followinK eonditions: n
For tha fol�owin� reasons, we cAnnot apqrove this vacation: ❑
Z'�S FOI2M7S 1'D YACfITEALL.&X ,WGHT OF WAYONLX :
A portion of the alley in Bloch 21, Lots 12 and 13, West L�ad Addition to the City of Sai,zt
Pau1.
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Date
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r� Jeaa Borgen
Reply to Vaeatlon Inquiry
�Ile # 17-2dd6
ru�s
We have no objeclioas to this vacafion
We tv�l approve this vacarion, subiect to tht fo][owinR conditions:
For thc Following reasoqs, we cannot approve tbis vacation ❑
77175FORMISTO YACAZZ^ALLEY RIGgTOF iYAYONLY•
A portion of rhe alley in Blnck 21, Lois 12 mrd 13, West End Add'rtian to the City ojSaint
Paul.
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07-3�9
Interdepartmental Memorandum
CfTY OF SAINT PAUL
To: Al] Council Members
From: Jean Bargen
Public Works Technical Services
Real Estate
1000 City Hall Annex
Date: March 27, 2007
RE: Public Works Vacation File No17-2006 (Vacate Alley)
I recommend a public hearing before the Ciry Council be held on Aprill8, 2007 to
consider the petition of Steve Nilsson for Capital Partners LLP.
This pefition is to vacate alley right of way in the West Seventh Street and Montreal
Avenue block.
The purpose of this vacation is to consolidate properiy for redevelopment. There is
building proposed within the vacated azea, and a new alley will be dedicated.
This property is located in City Council Ward 3, Planning District 9.
(NOTE: This was previously to be heard November 1, 2Q06.)
Alantis/pw/Technical SecviceslReal EstateNacationsl2006l07-2006
07- 3��
NOTICE OF PUBLIC HEARING
Norice is hereby given of the petition of Steve Nilsson for Capital Pariners LLP to vacate an a11ey in
the West Seventh Street and Montreal Avenue block, and then dedicate a new alley, as more fu11y
described on file and of record in the office of the City Clerk of Saint Paul, Minnesota, and wi11 be
heazd and considered by the Saint Paul City Council at a meeting to be held in the Council Chambers
on the 3rd floor of City Hall and Court House on the 18` day of April, 2007, at 5:30 P.M.
Dated: Mazch 27, 2007
Shari Moare
City Clerk
(March 29, 2007)
a �� 3�t °1
Interdepartmenta! Memorandum
CITY OF SAINT PAUL
To: All Council Members
From: Jean Borgen
Public Works Technical Services
Real Estate
1000 City Hall Annex
Date: March 27, 2007
RE: Public Works Vacation File No,17-2006 (Vacate Alley)
I recommend a public hearing before the City Council be held on April 18, 2007 to
consider the petirion of Steve Nilsson for Capital Partners LLP.
This petition is to vacate alley right of way in the West Seventh Street and Montreal
Avenue block.
The purpose of this vacation is to consolidate property for redevelopment. There is
building proposed within the vacated area, and a new aliey will be dedicated.
This property is located in City Council Ward 3, Planning District 9.
(NOTE: This was previously to be heard November 1, 2006.)
Alantis/pw/Technical Services/Aea] Esta[eNacations/2006/07-2006