07-6973�
Return copy to: jmb
Public Works Tech. Services
1000 City Hall Annex
Council File # Q —6 �
GreenSheet# 3041556
RESOLUTION
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OF
Presented by
PAUL, MINNESOTA
BE IT RESOLVED that, upon the petition of Net Lease Development LLC (building
Walgreen's Drug Store), as docamented in Public Works Technical Services, Vacation File
Number OS-2007, the public property hereinafter described, as follows and on attached map
Exhibit A, is hereby vacated of its interest as alley right-of-way:
That part of the full width of the alley in Block 1, as described on the plat of
Eastville Heights, Ramsey County, Minnesota, described as lying between
the northerly extension of the west line of Lot 16 and a line parallel and
distant 36.00 feet westerly of the east Iine oF Lot 20 and its northerly
extension;
and be it further
RESOLVED that, subject to the herein stated exceptions and with the accompanying Certificates
of Intended Non-Use, filed voluntarily on behalf of: District Energy/District Cooling St. Paul,
a private, non-profit Minnesota corporation; Saint Paul Regional Water Services, a
municipal corporation; Comcast, a Pennsylvania Corporation; made a part hereof by this
reference and filed in the office of the City Clerk of Saint Paui, the City, for itself and on behalf
of these corpora6ons and departments, waives the right to the alley 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 Mazch l, 1981,
of the Saint Paul Legislative Code as amended, and to the following conditions:
1. That the petitioners, their successors and assigns shall pay $1200.00 as an administrative
fee for this vacafion which is due and payable within 60 days of the effective date of this
resolution.
2. That the petitioner, their successors or assigns, will grant and dedicate a permanent, non-
exclusive Public Access Easement over and across that part of Lot ZQ Block 1, Eastville
Heights, Ramsey County, Minnesota, described in Eathibit B and as follows:
Commencing at the northeast corner of said Lot 20; thence on an assumed
bearing of South 89 degrees 40 minutes 00 seconds West along the north line
of said Lot 20 a distance of lOS4 feet to the Point of Beginning of the
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easement to be described; thence continuing South 89 degrees 40 minutes O[►
seconds West a distance of 25.46 feet; thence South 00 degrees 17 minutes 11
seconds East a distance of 121.96 feet to the south line of said Lot 20; thence
North 89 degrees 39 minutes 45 seconds East along said south line a distance
of 20.00 feet; thence North 00 degrees 17 minutes 11 seconds West a distance
of 113. 05 feet; thence northeasterly 11.00 feet along a tangential curve
concave to the southeast having a radius of 10.00 feet and a central angle of
63 degrees Ol minutes 19 seconds to the Point of Beginning; and
That the petitioner shall be responsibie for constructing the relocated public access
easement to the satisfaction of the Department of Public Works under an ordinance pernut
issued by Public Works Street Engineering.
3. That the petitioner, their successors and/or assigns, shall dedicate a 10 foot wide by 50
foot long pedestrian access or sidewalk easement in the vicinity of the vacated aliey
entrance at Arcade Street to the satisfaction of the Departrnent of Public Works, described
in Exhibit C and as follows:
Those parts of Lots 15,16 and the vacated alley, all in Block 1, Eastville Heights,
Ramsey County, Minnesota described as fotlows:
Beginning at the southwest corner of said Lot 15; thence on an assumed bearing of
North 00 degrees 17 minutes 11 seconds West along the west line of said Lot 15 a
distance of 17.00 feet; thence North 89 degrees 42 minutes 49 seconds East a distance
of 10.00 feet; thence South 00 degrees 17 minutes 11 seconds East a distance of 54.00
feet; thence South 89 degrees 42 minutes 49 seconds West a distance of 10.00 feet to
the west line of said Lot 16; thence North 00 degrees 17 minutes 11 seconds West
along the west line of said Lot 16 and its northerly extension a distance of 37.00 feet
to the Point of Beginning.
4. That the petitioner, their successors and/or assigns, shall be responsible for the
maintenance of the above referenced alley/access easement connection and
sidewalk/pedestrian access easement azea, relieving them from City alley maintenance
assessment charges.
5. That an easement shall be retained on behalf of Qwest, a Delaware Corpora6on, for its
existing subtenanean facilities. The petitioner or its successor shall provide new
easements if required and the petitioner or its successor shall assume all costs of
relocating facIlities to the new easements.
6. That an easement shall be retained on behalf of Northem States Power Company dba Xcel
(Electric), a Minnesota Corporation, for its existing facilities. The petitioner or its
successor shall provide new easements if required and the petitioner or its successor shall
assume all costs of relocating facilities to the new easements.
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7. That the petitioners, their successors and assigns shall, within 60 days of the effective date
of this resolution, file with Public Works, City Real Estate, an acceptance in writing of the
conditions of this resolution and shall, within the period specified in the terms and
condiuons of this resolution, comply in all respects with these terms and conditions.
Benanav
Bostrom
Yeas
Requested by Department of:
Thune
Adopted by Council: Date
Adoption Certified by Council Secretary
By: j
Approved -�� Date O (O Q
By: �
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Form
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Form
By:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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PNI —Public Worki
Contact Person & Phone:
Jean Borgen
2668866
Mus! Be on Council Agend:
Ot-AUGO7
D�. Type: RESOLUTION
E-DocumeM Required: N
DoeumentContad:
Contad Phone:
Total # of Signature
OSJUL-07
y
Atsign
Number
For
Routing
Order
Lowtions for Signature)
Green Sheet NO: 3041556
0
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bGcWorks De r�entDirector ��O
tyAttomey Jndv Hanson }�(-} � —/ a
JT�T --
or's OSice Ma or/Assisfant
ouocil
' Cluk C' Clerk
PUBLIC HEARING. Proposal to vacate part of an alley and dedicate a public access easement to be used as new alley in the
Maryland/Arcade block to develop site for Walgreen's.
Planning Commission 1�. Has this person/firm ever worked under a contract for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this perso�rtn ever been a dty employee?
Yes No
3. Does this personlfirtn possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Layout of new development requires changes to public ingress/egress.
AdvantagesNApproved: \ RECENED
Site plan will go forwazd as proposed.
Disadvanqges If Approved:
None foreseen
JUL 1 3 2007
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Disadvantages H Not Approved:
Si[e plan development will have to be replanned.
Trensaction:
Funding Source:
Financial Information:
(Explain)
Activity Number.
.:....:_. .,' ;.�.�,.
CosURevenue Budgeted:
Juiy 9, 2007 9:56 AM Page 1
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That part of the fulI width of tfie alley in BIock 1, as described on the plat of Eastville Heights,
Ramsey County, Minnesota, described as iying between fihe northerly eatension of the west line
of Lot 16 and a line parallel and "distant 36.00 feet westerly of the east line of Lot 2Q and its
northerly extension;
ALLEY VACATIC?N
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EXHISIT A
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Exhibit H
AEDICATIOI�F OF EASEMENT
FOR PUBLTC A,CCE5S PURPOSES
Gzantor, for good and valuable considezation, to tliem in hand paid and the receipt of
which zs hereby acknowledged, does hereby gYant, bazgain, sell and convey to Yt3e City of
Saint Paul, a municipal cor�wra#ion of tfie State of Minnesota, its successors, and assigns,
as Cmantee, a pexmanent non-exelusive easexnent far publio access piuposes over and
across the Easement Parcel {as hereafter descn'bed) aad the pavement, curbing aud other
improvements withitt the Faseme,nt Pazoel (as hereafter described), wtuch Easement
kazcel is a part afthe following tracts of land owned by Grantor being situate in the
CounfyofRamsey, State ofMinnesota, described as foIlows (collectively, "Grantor's
Pmperty"):
Parcel 1 .
Lots 12, 13, 14 and I5, Block 1, Eash•ille Aeights, exeept the Noith 9 feet of I,ots 13, 14
and I5, Block 1, BastvA'1ie Heights comeyed to fhe City of St. Paul by Limited Wazranty
Deed filed July 25, 2U05, as Document No. 387440b, Ramsey Coimty, Mllmespta
Abstract Prope[ty
Pazce12
Lots 16, 17, 18, HIock L, Eastville Heigh#s, Ramsey County, Minnesata, Torre�s pIOpert�
Lots 19 and 20, Block 1, EastvS3le Heights, Raznsey County, Minnesoty,
Abstract Property
Pazce13
I.ot 11, Block 1, Eastville Heights, Ramsey County, Minnesota.
Abstract Propeiiy
Parcel4
That part nf t}ie fu1120' width of tl�af Fast West alley formerly dedicated in Block 1,
313559
Eas(ville Heights, Ramsey Coimty, MN, descnbed as lying between the northerly
extension of the West line of Lot 16 and a line pazailel and distant 36 feet Westerly of the
East lme of I.ot 2D and its Northerty ex[ension.
The entireiy of Parcels 1-4 above contaimng 51,016.95 square feet or 1.1712 acres.
Such Easement for Pablic Access Purposes shall be lacated within t,hat porkioa
o£Crrantor's Property legally describecl and depicted on Exlubit ° A" hereto (the
"Easement Parcel"}.
To have and to hold the same forever. The Grantor does cwenant that it is well
sei2ed in fee of the land and premises aforesaid, and has good right to sell and convey the
same &ee of all encumbrances.
That Giantor also covenazits that Cmantor fias quiet and peaceable possession of
Grzantoz's Properry. Tiie Giantor will warrant and defend against all persons lawfuliy
claiming the whole or any part thereof, subject to encumbrances, if any, hereinbefore
mentioned. it is intended and agreed that this agreement shall be a covenant running with
the land and shall be binding.to the fullest extent ofthe law and equity £or the bene�if of
the public. Ix is furthsr intended aud ageedthat this agceement and covenant shall
remain in effecf withouY limifation as to tiine.
The Easemant Parcel and improvements thereon so burdened by tlris Dedication
shall be improved and maintained by the Crrantor. As a result of sucb maintenance being
undertaken by the Grantor, Grantee shall hereby eliminate/cease the assessmeat of any
and all public alley assessment(s) against Grantar's Property.
No pazking is permitted in the Easement Pazcei, but a temporazy stopping or
standing of vehicles for the piuposes of delivering supplies/merchandise to a business
operating within Crranfor's Praperty, or for the purpose ofpicldng-up re,fuse shaIl he
petmitted, subject to the following sentence. The rights gxanted pursuant to this
Dediaafion shall at all times be exezcised in such a manner so as not to unreasonably
interfere with, obstruct, 'vnpede, or delay tha conduct and operatioris of business jn, on or
about Grautor's Propetty, including, without ]imitation, public ingress and/oz egress to
and from said businesses by emplayees, agents and customers, and the receipt of delivery
of inerchandise iu. counecfion therewith,
[Remainder of page intentionally left blank; siguature foIlows)
1 Y 3569 ,z
7
IN TESTIMONY WHEREOF, the Grantor has caused this deed to be ezecuted
in its company name by its duly authorize3 officer, and attested tv this . day of
2007.
STATE OF MINN£SOTA
GOUNTY OF F�.TINEPIN
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This instrumenk was acknowledged before me on � j , 2007, hy
Allisbn F. TCem, the Vice Manager of Net Lease Development LLC, a Delaware limited
7iability company, on behalf of the co�pany.
_� � ��� ��
Notary Public
This Tnstiument was drafted by: _
City of Saint Paul
Fubiic Works/TecLnical Services—Real Estate
Room 1 Q00, City Hal] Anne�c `
25 Wesf Fovrth Street
Saint Paul, MN 55102
CNARLOTTE M�ARlA SCF{U
NO7ARY PUBLIC
STATE OF MlN1��SOTA
tAY CdA4915StON E%PIRES Otl31R07Y
1735G9 3
EXXtIIBTF A .
PAGEI
Public Access }3asement
An easemenf for Pub&c Access p�uposes over and across that part i,o1 20, Block 1,
EASTVILLE HEIGFi'£S, Ramsey County, Mi�esota, said easement is described as
follows:
COMML"NCING af the northeast comer o£said I.ot 20; thence an an assumed bearing of
South 89 degrees 40 minutes 00 seconds West along fhe norEh line af said Lot 20 a
distance of 10.54 feet to the POINf OF BLGINNING of the easement to be described;
ffience continuing South 89 degrees 40 minutes 00 seconds'West a distance of 25.46 feet;
thence South DO degrees 17 minutes 11 seconds East a distance of 121.96 feet to 8ie
south line o� said I.ot 20; thence North 89 degrees 39 minutes 45 seconds East along said
south line a distance of 20.00 feet; thence North 00 degrees 17 minutes 1 I seconds West
a distance of 113.05 feet; thence northeasterly lI.DO feet aiong a tangenfial curve
concave to the southeast having a radius of I0.00 feet and a oemral angle of 63 degrees
Ol minutes 19 seconds to the POINT OP BEGINNING.
Confaining 2,453.09 square feet or 0.0563 acres, more or less.
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Exhibit G
DEDICA,TION OF EASEMENT
FOR PUBLIC STDEWALK PURPOSES
Grantor, for good and valuable consideration, to tham in hand paid and trte receipt_of
which is hereby acImowledged, does hereby grant, bazgain, se11 and convey to the City of
Saiwt Pau1, a municipal corporation of the.State of Minnesota, its successors, and assigns,
as Grrantee, a peunanent non-excIusive easement forpublic sidewalk purposes over and
aeross the Easement Parcel (as hereafter descn'bed), which Easement Pazcel is part of the
following traafs of land ocvned by Grantor being situate in the County of Ramsey, State
of Minnesota, descn'bed as follows {collec#ively, "Crrantor's Property"):
Parcel I
Lots 12,13, 14 and 15, B1ock 1, Eastville Heights, except the Nortb 9 feet nf Lots 13, 14
and 15, Block 1, �astville Aeights conveyed to the City of St. Paut by Limited Warranty
Deed filed July 25, 2Q05, as Documenf No. 3874406, Ratnsey Gounty, Minnesota,
Abshact Property
Pazcel 2
Lots 16,17, 18, Block 1, Eastville Heights, Ramsey Coimtyr, M�esota. Torcens Property
Lots 19 and 20, Block I, Eastville Heights, Ramsey County, Minnesota.
Abstract Property_
Pazce13
Lot I1,-Black l, EastviIle Heights, Ramsey Caunty� MmnesoYa.
A.bskact Property
Pazce14
'I'hat part of the fui120' width of tUat Fast-W�t alley formerly dedicated in Block 1,
Easriille Heights, Ramsey Counry, "MN, gescnbe3 as lymg between the northerly
eactensioa of the Wesf lu�e of Lot 16 and a liue pazallel and distant 36 feet Westerly of the
Tast line of Lot 20 and its Northerly extension.
'. The ex�iirety of Yarcels 1-4 above contairiing 51,016.95 squaze feet ot 1.1712 acres.
� �•'�
Such Easement for Sidewalk Pur�oses shall be loaated vrithin that poriion of
Granto�s Property legally descn�bed and depicted on Bxhibit °A" hereto (the -
"Easemeni Parcel")-
To have and to hold the same forever. The Grantor does covanant that it is we11
seized in fee of the land and gremises aforesaid, and has good right to selt and convey the
same free af all encumbrances.
That Crrantor also covenants that Grantor has quiet and peaceab2e possession of
Grantor's Property. The Grantor will warrant and defend against all persons larvfully
claiming the whole or any part thereof, subject to encumbrauces, if any, hereinbefore
mentioned. Tt is intended and agreed that this agreement shatl be a covenant mm�iixg wikh
the land and shall be binding to the fullest extent ofthe law and equity for the bene&t of
the publia It is fuither intended and agreed tha# this agreement and covenanf shall
xexnain in effect without limitation as to time.
The sidewalk, raznps and.crosswalk installed pursuant to the easement created by
tkus Aedication shall be so installed and maintained by the C'nantor.
Tha rights gran£ed pursuant to this Dedication shall at all times be exercised in
such a manner so as not to unreasonabiy interfere with, obstruct, impede, or detay the
conduot and operations o£business in, on ox about Grantor's Property, including, without
limitaHon, pub&c ingress andlar egress to and from said businesses by employees, agents
and customezs, and t}ee receipt of delivery of inerchandise in connection therevc�ith,
[Remainder of page intenfioaalty left btank; signature follows]
�i3s�o
-- - e�-�� _
IN TEST'IMOIYI' WF�REOF, the Grantor has caused this deed to be executed
in its company name by its duiy authorized officer, aud attested Yo this day of
2�Q7.
NET' LBASE I}EVELOPMENT LLC
STATE OF MINNESOTA
COUNPY OR ��NIVEPIN
1!i ,� �L
. -, ,�:-
ss.
'I'his instrument was acl�owledged befare me on �L�s, ° J , 2007, by
Alllson F. Kern, the Vice Ivlanager of Net I.ease Development LLC, a Delawaze limited
liability comgany, on behalf of the company.
��;�.���.� .�/G=� _
Natary Public
This InstcumeaT was dra$ed by: �
City of Saint Pau1 CHARLOTTE MARIA SCNU
Public Works/I'ec}mical Services—Real Estate NOTARY PUBLIC
Room 1000, CityHallAnnex S7ATE OF MINNESOTA
25 WestFowthSixeef MYCONMISSIONEXPIRESO7!lInQ1Y
Saint Paul, MN 55102
�1359b
�
EX�IIBIT A
PAGE1
Siciewalk Easement
Those parts of I,ots 15, 16, and tfie vaaated alley; atl in BIock 1, EAST'VILLS HEIGHTS,
Ramsey County, Minnesota, described as follows:
BEGI��IIV3NG at the soufhwest aomer of said Lot 15; thence on an ass�uned bearing af
NorFh 00 degrees 17 minntes 71 seconds West along the west line of said Lot 15 a
distance of.17.00 feet; thence IQorth 89 flegrees 42 minutes 49 seconds Fast a distanoe of
10.00 feet; thenoe Sonth OQ degrees 17 minutes 11 seconds East a distance of 54.00 feat;
thence Sonth 89 degrees 42 minutes 49 seconds West a distance of 10.00 feet to the west
line of said I,ot lb; thence North 00 degrees 17 minutes I1 seconds West aIong the west "
line of said I.ot � 6 and it's nortfierly extension a dist�ce of 37.00 feet to the POINT OR
BEGINNING.
Containin g 540.00 square feei or 0.0124 acres, more or less.
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�_' „� °� CITY OF SAINT PAUL
'' : " ' c CITY CLERK'S OFFICE
�
May 30, 2007
Bruce Engelbrekt
Valuation Engineer
Real Estate Division
1000 City Ha11 Annex
Dear Bruce:
I refer to you to check as to form and sufficiency and for recommendation, the attached petition of
Allison Kern, Net Lease Development LLC, for a vacation of that part of the alley in Block 1, Eastville
Heights, as noted on file in the City Clerk's Office.
Sincerely,
��O,a t L�l�o�
Shari Moore
City Clerk
Attachments
15 WEST KELLOGG BOULEVARD, SUITE 310 SAIIVT PAUL, MINNESOTA55102 Tel: 651-266-8685 Fax: 651-266-8574 wwwstpassl.gov
AA-ADA-EEO Employer
�� ���
NL D
May 24, 2007
NET LEASE DEVELOPMENT LLC
City of St. Paul
Attn: City Clerk
City Hall, Room 310
15 W. Kellogg Blvd.
Saint Paul, MN 55102
RE: Petition to Vacate City Interest
To Whom It May Concern:
RF �FivEp
MAY 2 5 Z�O�
C1Ty��
Enclosed please find a petition to Vacate City Interest in an Alley located at the southeast
corner of Maryland Avenue and Arcade Street. Also enclosed please find the required
$100.00 filing fee payable to the City of St. Paul.
Should you have any questions or require any additional information, please do not
hesitate to contact me at (612) 313-0126.
Sincerely,
NET LEA VELOP ENT LLC
Allis n F. Kern �
\
Fn-rY Sovrx SvcrH Sr�sr, Scn� 1480 • MINNEAPOLIS MN 55402
(612) 313-2500 • Ft� (612) 313-0136
��-���
PETITION TO VACATE CITY INTEREST
Net Lease Development LLC, a Delawaze 1'united liability company, does hereby petition the
Council of the City of Saint Paul to vacate its interest in the property legally described as
foilows:
That part of the full width of the alley in Block l, as described on the plat of
Eastville Heights, Ramsey County, Minnesota, described as lying between the
northerly extension of the west line of Lot 16 and a line parallel and distant 36.00 feet
westerly of the east line of Lot 20 and its northerly extension.
We request this vacation for the following reason:
As requested by the City of St. Paul in accordance with the proposed construction of a
Walgreens drugstore and related site improvements.
We have attached six (6) copies of the site plans of any development intended for conshuction
on the land to be vacated.
Contact Person:
Name: Allison Kern
Company: Net Lease Development LLC
Phone: (6121313-0126
Address: 50 S. 6�' St., Suite 1480
Minneapolis. MN 55402
Email: akernCa�caprei.com
Signature of Owner / Contract Purchaser, of
All Proper ' s scribed b low:
Allison F. Kern as ice Manage �
Net Lease Development LLC
Person responsible for payment of
vacation fee and for acceptance of the
terms and conditions of the vacation:
Name: Allison Kern
Company: Net Lease Development LLC
Phone: 16121 313-0126
Address: 50 S. 6�' St., Suite 1480
Minneapolis. MN 55402
Email: akernCa�caprei.com
Lots 12, 13, 14 and 15, Block 1, Eastville Heights, except the North 9 feet of Lots 13, 14 and 15, Block 1,
Eastville Heights conveyed to the City of St. Paul by Limited Warranty Deed filed July 25, 2005, as
Document No. 3874406.
Lots 16, 17 and 18, Block 1, Easrville Heights.
Lots 19 and 20, Block 1, Easriille Heights.
Lot I I, Block 1, Eastville Heights.
Q�����
I, Allison F. Kern, as Vice Manager of Net Lease Development LLC, a Delawaze limited liability
company, am the petitioner in the above matter; and I do hereby swear and verify that each of the
signatures on this petition was signed by me.
PETITIONER:
NET LE � VELOP T LLC
By: Allison F. Kern
Its: Vice Manager
Subscribed and sworn to me this �
��
Notary Public
My commission expires �� 3/ -( z.
day of May, 2007.
" CMARLOTTE MARIA SCHU
NOTARY PUBLIC
- STATE OF MINNESOTA
MY COMMISSION EXPIRES 01131l2012
��-���
May 24, 2007
Ms. Allison Kern
Net L,ease Development LLC
50 S. 6�` St., Suite 1480
Minneapolis, MN 55402
To Whom It May Concern:
Commercial Partners Tide LLC does hereby certify that a seazch of Ramsey County, Minnesota
tas records discloses that, as of May 24, 2007, the owners of the properties abutting the public
right-of-way described as:
That part of the full width of the alley in Block 1, as described on the plat of Eastville Heights,
Ramsey County, Minnesota, described as lying between the northerly extension of the west line
of Lot 16 and a line pazallel and distant 36.00 feet westerly of the east line of Lot 20 and its
northerly extension;
Are as follows:
Le�al Description Property is: Fee Owner Contract
Pnrchaser
Lots 12, 13, 14 and 15, Block I, Abstract Net Lease Development
Eastville Heights, except the LLC
North 9 feet of Lots 13, 14 and
15, Block 1, Eastville Heights
conveyed to the City of St. Paul
by Limited Warranty Deed filed
July 25, 2005, as Document No.
3874406.
Lots 16, 17 and 18, Block 1, Torrens Marissa Jo Bongiovanni, Net Lease
Eastville Heights an undivided one-half Development LLC
interest; and Mazissa Jo
Bongiovanni, as Trustee
of Trust Agreement of
Samuel Bongiovanni,
a/k/a Sam Bongiovanni
dated July 15, 1997, an
undivided one-half
interest.
Lots 19 and 20, Block 1, Abstract Sam Bongiovanni Net Lease
Eastville Heights Develo ment LLC
Lot I 1, Block 1, Eastville Abstract JoAnn Jones Net Lease
Heights Develo ment LLC
�� —(�q'�
EXHIBIT A
PAG E 4
ALLEY VACATION
�
NORTH
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FASNILLE HEIGXT$
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This report represents the professional opinion of Commercial Partners Title LLC regarding ownership of
the above described properties; it is not intended, nor shall it be conshued, as a guarantee of title.
Commercial Partners Title LLLC assumes no liability for erzors or omissions.
Sincere
Steve Hunt
Commercial Partners LLC
d����
CERTIFICATE OF INTENDED NON-USE
TF� HONORABLE MAYOR AND MEMBERS
OF TI� COUNCIL OF TFIE
CITY OF SAINT PAUL
In the Matter of:
Vacation File # OS-2007
The undersigned hereby certifies, on behalf of the indicated department or company, that it does
not intend to exercise its utility rights in the reaity described below:
That part of the alley in Block 1, Eastville Heights, described as lying between the
northerly eYtension of Lot 16 and a Zine parallel and distant 36.00 feet westerly of the
east Zine of Lot ZO a;td its northerly exte7sion.
except as here noted:
DISTRICT ENERGY ST. PAUL, INC. AND DISTRICT COOLING ST. PAUL, INC.,
HAVE NO EQUIPMENT IN THE AREA TO BE VACATED AND HAVE NO
OBJECTION TO THE VACATION.
STATE OF
MINNESOTA
COUN�
J
^ � �-�.,,.
�LJ15"�r�.e7� �4.w/�IJI��c.l �aa'�t1G �f� PA4.Q
ItS:
YcSi�
���2-� \ �
Signature
The foregoing instrument was acimowledged before me this '$� day of J C�.I�-s-. 20 O�
af
1 GYi S
" ' Sf-. Pa..�. � _ '
under the laws of the Sqte of Minnesoffi. .
Notazy Public � J.�.�.� � �• � d75�.
My commission ezpires Qn.r�a.a�..sw_ 3 � a O � O
RETiJRN SIGNED/NOTARIZED COPY TO 1000 CITY HALL .�'�, � ��
PAUL NIN 55102 NOTARY PUBLIC-MR�A�SOTA
MY COMMISSION
EXPIRES JAN.31, 20 10
� 7
That part of the alley in Block 1, Eastville Heights, described as lying benveen the
nonherly extension of Lot 16 and a line parallel and distant 36.00 feet westerly of the
east line of Lot 20 and its northerly extension.
THE HONORABLE MAYOR AND MEMBERS
OF TT� COUNCIL OF THE
CITY OF SAINT PAUL
Generai
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:
f t�iiit+�f,r; I.. naitc..rt
Saint Paul
Its:
STATE OF
MINNESOTA
couN�rr oF RAMSEY
CERTIFICATE OF INTENDED NON-USE
�
The foregoing instrument was acknowledged before me this
In the Matter of:
Vacation File # OS-2007
Water Services
< .��f_A + 1 L� 1-�G.�Y ^
Signature Stcphen P. Schn@ider
22nd dayof
2007
By Stephen P. Schneider. General Manager
of
unde d8�@IETfNt9nndsHtIQGREN _
NOTARY PUBLIC • MINNESOTA Q�-� �
MYCOMMISSION NotaryPub' ��""�
EXPIRESJAN.31,2010 - ���_�I-�,.�3f �d/v
My commission expir /
�
RET[JRN SIGNED/NOTARIZED COPY TO 1000 CITY HALL ANNEX, 25 W. 4`� St., ST, ST.
PAUL MN 55102
�� ���
CERTIFICATE OF INTENDED NON-USE
THE HONORABLE MAYOR AND MEMBERS
OF Z'HE COLTNCIL OF T'HE In the Matter of
CITY OF SAIlVT PALJL Vacation File # OS-2007
The undersigned hereby certifies, on behalf of the indicated department or company, that it does
not intend to exercise its urility rights in the realty described below:
That part of the a11ey in Block 1, Eastville Heights, described as Zying between the
northerly extension of Lot 16 and a Zine paraZlel and distant 36.00 feet westerly of the
east line ofLot 20 and its northerly extension.
except as here noted:
STATE OF
MINNESOTA
COUN7Y OF
Chisago
�
Comcast
Its: Construction Suroerviser
i
' nature
The foregoing insWment was aclmowledged before me this 4t�1 day of Jllne 2007
&y Tony Sandwick 'rne Construction Supervisor
ot comcast a Penns lvania Co .
under the laws of the State of Minnesota. .
Notary Public
Mycommissioneacpires 1/31/2008
RETiTRN SIGNED/NOTARIZED COPY TO 1000 CTTY FIAI,L ANNEX, 25 W. 4` St., ST, ST.
PAiTI, MN 55102
TCH Rp LESRUPPER'f
Notary Pub{ic
Minnesota ^�
b7-l� �7
To: Jean Borgen F�om: Colleen Paavola
Reply to Vacation Inquiry City of St. Paul CiTy of St. Paul
File # 05-2007 Public Works Technical Svcs Public Works
Phone t� 266-8866 Phone # 266-6104
F�u 266-8855 F��
We have no objecrions to this vacation
We will approve this vacation, subject to the following condifions:
For the following reasons, we cannot approve this vacation:
THIS FOXMIS TO YACATEALLEYRIGHT OF WAY ONLY.•
That part of the alley in Block 1, Eastville Heights, described as Zying beriveen the
northerly extension of the west line ofLot 16 and a Zine parallel and distant 36.00
westerly of the east line ofLot 20 and its northerly extension.
That the petitioner, their successors andlor assigns, shall dedicate to the City of
Saint Paul a 20 foot wide public alley or access easement connecting the remaining
portion of the alley to Rose Avenue.
That the petitioner, their successors and/or assigns, shali construct said alleyiaccess
connection to the satisfaction of the Saint Paul Public Works Department, under an
ordinance permit issued by, Street Engineering.
That the petitioner, their successors and/or assigns, shall dedicate a 10 foot wide by
50 foot long pedestrian access or sidewalk easement in the vicinity of the vacated
alley entrance at Arcade Street, to the satisfaction of the Saint Paul Public Works
Department.
That the petitioner, their successors and/or assigns, shall be responsible for the
maintenance of the above referenced alley/access easement connection and
sidewalk(pedestrian access easement area, relieving them from City alley
maintenance assessment charges.
�Qe� ��-u,� � �3 ZCb
Signed Date �- �
�
�
�
FKUM
�?-�97
ra: Jean Borgen �'°"°
Reply to Vacation Inquiry � ��
File # 05-2007 City of St Paui
Public Works Technical Svcs
vtw�e� 266-8866 Phwe#
r�x� 2bb-$$55 F��
We have no objections to this vacation.
We wilI approve this vacation, subject to the foliowing conditions:
For the followinR reasons, we cannot approve this vacation:
THIS FORMIS TO YACATE ALLEY RIGFTl OF WAY ONLY:
That part of the alley in Btock 1, Eastvidle Heights, described as lying between the
northerly extension of the west line of Lot 16 and a line parallel and distant 36.00
westerly of the east Zine of Lot 20 and its northerly extension.
� � � � � �
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.�av� , �"' � rA^a-- .�t'�-c ur (�.."'�"_a-tX ,
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Signed
(MON)JVN l8 2007 �2:36/ST.12:36/NO_T500000892 P 3
�,� � �-s e �� -��
� d��e
����o �
�I�.�a�
Date
2 ���D��
ro: Jean Borgen ����'kl-l� y
Replyto Vacation Inquiry .�1-an�tQ�t�j
Flle # 05-2007 cst o£sr. raui �: � � �[
Public Works TechnicalSvcs
pvone tt 266-8866 pbone �` � -��/
F�� 266-8855 ��# ( , 573.�,j
VJe have no obiections to this vacation
We will approve this vacation, subject to the followin� conditions:
For the followin� reasons, we cannot apnrove this vacation:
THIS FORMIS TO YACATE ALLEY RIGHT OF WAY ONLY:
That part of the aZley in Block 1, Easrville Heights, described as lying between the
northerly extension of the west line of Lot 16 and a line parallel and distant 36.00
westerly of the east line of Lot 20 and its northerly extension.
Please be advised that Xcel has no objection to said action,
provided that utility easement rights in favor of Northern Sfates
Power Company, a Minnesota corporation d/b/a Xcel Energy be
retained within all that part of the alley lying within Block 1, Eastville
Heights subject to the action.
Existing electric facilities are shown on the attached.
�
�
�
�� ��_ 0 -� " �
Signe Date
a�-���
^��m���t���������:a � - � _ � t � ��o
i 1138 � 7.700' � � U7M83-75
R-,-�QF'7� Efl � p a��—�����I
b 7-t�9'7
� ro: Jean Borgen From:
Reply to Vacation Inquiry �p
File # 05-2007 city ofst. raui
R Public Works Technical Svcs
R Phane� 266-8866 Pho�xft
F�� 266-8855 F�#
We have no obiections to this vacarion
We will approve this vacation, subject to the following conditions:
For the followin� reasons, we cannot approve this vacation:
THIS �ORM IS TO VACATE ALLEY RIGH?' OF WAY ONLY :
That part of the alley in Block 1, EastviZle Heights, described as Zying between the
northerly extension of the west line of Lot 16 and a line para11e1 and distant 36.00
westerly of the east line of Lot 20 and its northerly extension.
�
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Signed Date
Pye - Cinu.doc
Reply�to Vacation Inquiry
File # 05-2007
ro: Jean Borgen From:
Se�.� �'`'
Fax %
,�-`$°-� P`.F�
Ciry of St Paul PO 1�. t GC
; Technical Svcs
266-8866 P honen a�- SSY9
266-8855 F�"
We have no obiections to this vacation
We will approve this vacation, subject to the followin� conditions:
For the followinQ reasons, we cannot approve this vacation:
THIS FORM IS TO I�ACATE ALLEY RIGHT OF WAY ONLY:
;
That part ofthe alley in BZock 1, Eastville Heights, described as lying between the
northerly extension ofthe west line ofLot 16 and a line parallel and distant 36.00
westerly of the east line of Lot 20 and its northerly extension.
�
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�
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un.�v� 1� �,� a.e.c.�+� i< U�a�'��f/� c�
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fo ' � — O `�
Date
+-7■
�
From: Tom Beach
To: Sorgen, Jean
Date: 6/5/2007 12:10 PM
Subject: Re: Vacation Request OS-2007
DSI has no objectio� to the proposed alley vacation for WalgreerLS subject to the following mndition:
At the same time the ailey is va�ted, the new north/south pubiic a�cess easement must be dedicated. To review the easement,
CSI would like to see a plan/survey that shows the eaad Iocatlon of the easement so we can compare it to the site plan we have
been reviewing.
n 6/1)2007 11:57 AM »>
Attached is information related to the petition of Net Lease Development LLC representing Walgreen's to vacate the Gty's interests
and utility easements in:
a portion of the alley in the Maryland/Arcade/Rose block. They will dedicate a north/south public access easement.
1) Vacatlon request letter (Nlord doc)
2) Reply fortn (2nd page of letter)
2) CerGficate of Intended Non-Use (3rd page of letter)
4) Map and legal description (pdf file)
Please review and reply at your earliest convenience, but preferably no later than ]une 14, 2007 if at aIl possible. If you have
questions, or if you cannot open the attachments, please reply via email or call me at 651-266-8866. Thank you,
]ean Borgen
Tech Svcs - Real Fs[ate
25 W. 4th St., Ste 1000
St. Paut MN 55102
Ph 651-266-8866
Fax 651-266-8855
� Z-!�9 7
ro: Jean Borgen F �°"'
Scott Ruppert
Reply to Vacation Inquiry
File # 05-2007 City of St Paul Comcast
Public Works Technical Svcs
Phone# 266-8866 Pbone# 651-493-5127
Farz# 266-8855 FaY#b51-493-5116
We have no obiections to this vacation
We will approve this vacation, subject to the following conditions:
For the followin� reasons, we cannot approve this vacation:
THIS FORM IS TO VACATE ALLEY RIGHT OF R'AY ONLY :
That part of the alley in Block 1, Eastville Heights, described as lying between the
northerly extension of the west line ofLot 16 and a line parallel and distant 36.00
westerly of the east line ofLot 20 and its northerly extension.
gned __
b-4-07
Date
0
�
�
��-�a
ro: Jean Borgen From:
Reply to Vacation Inquiry An ie Leitner
File # 05-2007 cit ofst. raut City of Saint Paul
Public Works Technical Svcs Fire aIId SafeTy Services
Pl,one� 266-8866 rhaneazzsss97
F�u 266-8855 F�#zzs-�zoa
We have no objections to this vacafion
We will approve this vacarion, subject to the following conditions:
For the followinQ reasons, we cannot approve this vacation:
THIS FORMIS TO VACATEALLEY RIGHT OF WAYONLY:
Thatpart of the aldey in Block 1, Eastville Heights, described as lying between the
northerly extension of the west line ofLot 16 and a line paraZZel and distant 36.00
westerly of the east line of Lot 20 and its northerly extension.
,/�s��"t�'"�-�
Signed
6I7107
Date
�
�
b7-(oG �
____.� ;�d��
�M. �
OSP Narional Support /
Imestiga6ons
Dept 42864 Loc 107
2400 North Gl�ville
Richardso4 TX 75082
MCI Network Services, Inc.
06/07I2007
CTTY OF SAINT PAUL
Jean Borgen
1000 City Hall Annex
Saint Paul, MN 55102
RE: FILE OS-2007 — ALLEY VACATION REQUEST
— ARCADE STREET BET'WEEN E. MARYLAND AVE. AND E. ROSE AVE.. —
St. Paul, Ramsey, Minnesota
MCI ID: 3298-2007
Bear Sir or Madam:
MCI has been notified by your office regazding the above referenced project.
For your records, in reviewing the area in question, it has been determined that MCI does
noY have facilities within yow project area
You should address correspondence concerning any future projects to the attention of
OSP National Sapport/Investigations at the above address.
ff you need fiuther assistance with flus project, please do not hesitate to ca11.
Sincerely,
John Bachelder
OSP National Support / Investigations
(972}729-6016
Foco.+.onr_Nn F�rilitia� dnr
Prom: 7ody Martinez
To: Borgen, Jean
Date: 6/12J2007 11:53 AM
Subject: Re: Vacation Request OS-2007
Parks has rro objection to this vacation request.
Jody L. Martinez
Sainf Paul Parks and Recreation
Design Manager
Ph: 651-266-6424
Fax: 651-292-7405
»> Jean Borgen 6/1/2007 11:57 AM »>
Attached is information related to the petition of Net Lease Development LLC
representing Walgreen's to vacate the City's interests and utility easements in:
a portion of the alley in the Maryland/Arcade/Rose block. They will dedicate a
north/south public access easement.
1) Vacation request letter (Word doc)
2) Reply form (2nd page of (etter)
2) Certificate of Intended Non-Use (3rd page of letter)
4) Map and legal description (pdf file)
Please review and reply at your earliest convenience, but preferably no later than June
14, 2007 if at all possible. If you have questions, or if you cannot open the
attachments, please reply via email or call me at 651-266-8866. Thank you,
7ean Borgen
Tech Svcs - Real Estate
25 W. 4th St., Ste 1000
St. Paul MN 55102
Ph 651-266-8866
Fax 651-266-8855
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ro: 3ean Borgen �°m
Reply to Vacation Inquiry
Fl le # 05-2007 City of St. Paul
Public Works Technical Svcs
Ptone x 266-8866 Phone #
F�n 266-8855 F��
We have no obiections to this vacation
We will approve this vacation, subiect to the followin� conditions:
For the followinQ reasons, we cannot approve this vacation:
THIS FORM IS TO VACATE ALLEY RIGHT OF WAY ONLY •
That part of the alley in Block 1, Eastville Heights, described as lying between the
northerly extension of the west line of Lot 16 and a line parallel and distant 36.00
westerly of the east line of Z,ot 20 and its northerly extension.
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Date
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No. 0419 P. 2
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To: Jean Borgen Frum: )BI;iGS ZBlferglCl
Reply #o Vacation Inquiry
Flfe # 05-2007 Ciry of Sc Paul jJorthern Siates Power
Pub6c works i'ec��ical Svcs ��a Xce1 Eaergy-Gas
I?ivision
rn�a 266-8866 Phocei1651-229•Zi89
F�x 266-8855 Fax� 651-229-2376
We have no obiections to this vacation
We will anprove this vacation, subject to the followinQ couditions:
For the followinQ reasons, we cannot anprove this vacation_
TRIS FORMFS TO YACATEALbEY RIGHT OF WAY ONLY:
That part of the alley in Block I, Eastville Heights, described as lying beiween ihe
nartherly extension of the west line ofLot 16 and a line paralleT and distani 36.OD
westerly of the east line of Lot 20 and its northerly extension.
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Date
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NOTICE OF PUBLIC HEARING
Notice is hereby given of the petition of Net Lease Development LLC (building Walgreen's) to vacate
part of an alley and dedicate a new public access/alley in the Maryland/Arcade block, as more fully
described on file and of record in the office of the City Clerk of Saint Paul, Minnesota, and will 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 1 day of August, 2007, at 5:30 P.M.
Dated: July 3, 2007
Shari Moore
City Clerk
(July 10, 2007)
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Interdepartmental Memorandum
CITY OF SAINT PAUL
To: All Council Members
From: Jean Borgen
Public Works Technical Services
Real Estate
1000 City Hall Annex
Date: July 3, 2007
RE: Public Works Vacation File No.5-2007 (Vacate Alley)
I recommend a public hearing before the City Council be held on Aueust l, 2007 to
consider the petition of Net Lease Development LLC (for Walgreen's).
This petition is to vacate part of an alley and dedicate another in the
Maryland/Arcade block.
The purpose of this vacation is to consolidate property far redevelopment. There is
building proposed within the vacated azea.
This property is located in City Council Ward 6, Planning DisYrict 5.
Alanpslpw/Technical Sernces/Real PstateNacaHons/2006/07-JA