07-993GS# 3044021
Retum copy to: jmb
Public Works Tech. Services
1000 City Ha11 Annex
Council File # � —C/ 3
Green Sheet # 3044021
2 BE IT RESOLVED that, upon the petition of Shaw Lumber, as documented in Public Works
3 Technical Services, Vacation File Number 08-2007, the public property hereinafter described, as
4 follows and on attached map Exhibit A, is hereby vacated of its interest as street right-of-way:
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That part of unimproved Marion Street lying northerly of the northeasterly
right-of-way line of Como Avenue and south of the north line of section 36
township 29 range 23;
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; Qwest Communications, a Delaware
Corporation; Saint Paul Regional Water Services, a municipal corporation; City of Saint
Paul Public Works; 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 azea 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:
1. That the petitioners, their successors and assigns shall pay $1200.00, of which $300.00
has already been paid, 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 sha11 be retained on behalf of Northern 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.
That an easement shall be retained on behalf of Northern States Power Company dba Xcel
(Gas), a Minnesota Corporation, for its existing facilities. The petitioner or its successar
shall provide new easements if required and the petitioner or its successor shall assume all
costs of relocating facilities to the new easements.
RESOLUTiON ��
CITY OF SAINT PAUL, MINNESOTA
GS# 3044021
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4. That the petitioners, their successors and assigns sha11, 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.
Benanav
Adopted by Council: Date
Yeas � Nays � Absent p Re uested b De artment of:
� r� 4 Y P
✓
✓
✓
✓
✓
Adoption Certified by Cguncil Secretary
/� !
By: / /�_ �� `
Approved or: te - L3- °� _
By:
Public Works
By:
Form Appro by City y
Form p ed y M for i�sio o Council
By:
��
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
� !' �'�f >
PW — Pubticworlcs
Contad Person & Phone:
Jean Borgen
266$866
must ee on Couneil Agentl
'17-007-07
Doc. Type: RESOLUTION
E-DOCUment Required: N
Document Contaet:
Contaet Phone:
Total # of Signature Pages
14SEP-07
�
Assign
Number
For
Routing
Order
Locations fw Signature)
Green Sheet NO: 3044021
0 �'nblic Works � ��g�,j�,N ��
1 abGc Works Bruce Beese
2 ' Attorne Chad Stahl
3 or'sOtftt Ma orlAsastant
a �o�a
5 ' Clerk Ci Clerk
PUBLIC HEARING. Approve vacadon of unimproved Marion Street that lies within Shaw Lumber site as petitioned by Shaw
Lumber in order to clean up fitle wotk prior to registration.
Planning Commission 1, Has this persoNfirm ever worked under a contract for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this perso�rm ever been a city employee?
Yes No
3. Does this persoNfirm possess a skill not rwrmally possessed by any
current city employee?
Yes No
F�cplain all yes answers on separete sheet and alWeh to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Unimproved Mazion Street vaca6on has been requested vacated by the County Surveyor prior to registering ihe property.
Advantages If Approved:
Tifle work issues aze resolved for petitioner.
c�r
DisadvanWges BApproved:
None foreseen.
5� � � � ?�� �
�G {I � �� � N �����
DisadvanWges If Not Approved:
Peti6oner may not be able to register proper[y and 6tle issues will remain.
�� Transaction: $1,200
Funding Source:
Financiall�ormation: petitionerhasalreadypaid$300.
(Explain)
Activity Number. 255-12363-2833
1�
CosURevenue Budgeted:
September 14, 2007 2:32 PM Page 1
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CERTIFICATE OF INTENDED NON-USE
THE HONORABLE MAYOR AND MEMBERS
OF THE COLTNCIL OF TI� In the Matter of:
CITY OF SAINT PAUL Vacation File # 08-2007
The undersigned hereby certifies, on behalf of the indicated department or company, that it does
not intend to exercise its utility rights in the realty described below:
Unimproved Marion Street from north of Como Avenue to south of the north line of
section 36 township 29 range 23.
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.
�., ._ , �„� ...,
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Its: /�
U rc.s � c�s...�
srnrEOF Signature
MINNESOTA �
CO TY OF
S a�v
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The foregoing instrument wu aclmowledged before me this � day of 1'Yk.Q u n 1� . 20 07
s �n�KS S �u�l..�c� Qr�es; �
of JJiS�ic��a, /��isrnc�' �o a Ar�uo.�e.�'lffl'\--Oro'lti"� Gor-0orc��f
under the laws of the Stat o Minnesota. . 5 �� u,0. ���-
Notary Public � w. � � � � 6'6'��
x Mycommissionexpires l�le_..i.a.an�3� °�O�p
RETi7RN SIGNED/NOTARIZED COPY TO 1000 CITY �AI.L ANNEX, 25 W. 4`� St. ST, T.
PAiJL MN 55102
TRUDY L. SHERWOOD
NOTARY WBLIC-MIM�ESOTA
MY COAAMISSfON
EXPIRES JAN.31, 2010
��✓�� �
CERTIFICATE OF INTENDED NON-USE
THE HONORABLE MAYOR AND MEMBERS
OF THE COUNCIL OF'I'HE
CITY OF SAINT PAUL
In the Matter of:
Vacation File # 08-2007
The undersigned hereby certifies, on behalf of the indicated department or company, that it does
not intend to exercise its utility rights in the realty described below:
Unimproved Marion Street from north of Como Avenue to south of the north line of
section 36 township 29 range 23.
except as here noted:
STATE OF
MIIVNESOTA
COUNT OF
�.C1A �
�
>:�- �., _ -ti,
� ��� � w �s 7' �o�- � _
IiS Manager Design Encaineer
Signature
The foregomg insVUment was acknowledged before rte [his r� rµ day of / I U� L� � l . 20 G7
B ����� � L A�se,� - m R� ���2 ��s��,� ��,,����2
of C�l�ES� L_,�ILPd� a �br_G�Llcv t��2r�n.�r�o�v
under the laws of the S[ate of M" e t.� �( // //p
d `� •ry,+ J/ ', V� �`f�
a�.. LINDAA. JUELICH No�a
�. � �
�, Notary Public-Minnesota _f /}ti U f} � l/ L � � , �i (D
My Commission Ezpires Jan 31, 2010 My com[nission exp�res
RETURN SIGNED/NOTARIZED COPY TO 1000 CITY HALL ANNEX, 25 W. 4`" St., ST, ST.
PAUL MN 55102
��-��3
CERTIFICATE OF INTENDED NON-USE
THE HONORABLE MAYOR AND MEMBERS
OF'TI� COUNCIL OF THE
C1TY OF SAINT PAUL
In the Matter of:
Vacation File # 08-2007
The undersigned hereby certifies, on behalf of the indicated department or company, that it does
not intend to exercise its utility rights in the realty described below:
Unimproved Marion Street from nonh of Como Avenue to south of the nonh line of
section 36 township 29 range 23.
except as here noted:
STATE OF
MINNESOTA
COUNTY OF
RAMSEY
��
. � ;�. . , , ,-,��;,;, ��:
Saint Paul Regional Water Services
Its:
General Manager
� �
Signature
'Ihe foregomg insWment was acknowledged before me this 21 s t_ day of AllgllS t
Stephen P. Schneider, General Manager
07
op Saint Paul Re ' a e e vices municipal corporation
underthe �A�f 7 M. LWOCaREN
Y'A�R�IJ�Y�=MINNESOTA � c/ ����
MYCOMMISSION NotaryPubGc�
EXPIRES JAN.31, 2010 v (�/,
My commission exp"ses �"G��/ �� � V � d
�—
RETURN SIGNED/NOTARIZED COPY TO 1000 CITY HALL ANNEX, 25 W. 4` St., ST, ST.
PAUL MN 55102
o�-�� �
CERTIFICATE OF INTENDED NON-USE
THE HONORABLE MAYOR AND MEMBERS
OF THE COUNCIL OF THE
CTTY OF SAINT PAUL
In the Matter of:
Vacation File # 08-2007
The undersigned hereby certifies, on behalf of the indicated department or company, that it does
not intend to exercise its utility rights in the realty described below:
Unimproved Marion Street from north of Como Avenue to south of the narth line of
section 36 township 29 range 23.
except as here noted:
STATE OF
MINNESOTA
C UNTY OF
N�
J
,�..
Ci7y oF ST. t�tuL /i�u/3UG Gtl6�lGS
a
/�f J� �GG2�' I��=!
Signature
The foregoing ms�mment was acknowledged before me [his j Z day of c�PT� YN (�i4-,AQ._ 20�
sr .�i}2rL`� l LU�?H-
of Cf�l/ D/G ��1.�1, �(A 1( o��a U`�UN � G � PCFL I
■ •
und El`'NI�?ffA�JS1VW�`1N000� /�'' � /� �� � � �
NOTAPY PUBIIC-NINNESOT� wyyL�{,0.� wY�-k'�iLi W� Ul
Notary Public p
IryLoeNUCMw E�CrnsJm.3t.20t0 /�./� "" ,��
• • My commission expires �x�zir � � �1 , �](�
v i
RETURN SIGNED/NOTARIZED COPY TO 1000 CITY HALL ANNEX, 25 W. 4` St., ST, ST.
PAUL MN 55102
■
■
D�-99�
Reply to Vacation inquiry
File # 08-x007
We have no obiections to this vacatiou
ro: Jean Sorgen
Ciry of Sc Paul
Public Worlcs Taehnipl3vcs
Phoae n 266-8866
x�� 266-8855
We will approve this vacation sublect to the followin� conditions:
For the followina reasons, we cannot avvrove this vacation:
THIS FORMIS TO VACATE STRFET RYGHT OF WAYONLX •
Uzrimproved Marion Street from north of Como Avenue and south of the north line of
section 36 township 29 ran�e 23.
�
,��
�
Xcel Energy has no objection to vacation action #OS-2007, provided that utility easement rights in
favor of Northern Sfates Power Company, a Minnesota corporation d/bla Xcel Energy be retained
within that part of property $ubject to the wherein e�asting electric facildie5 are located,
The appraximate locetlon of such facili�es are shown on the attached.
PLEASE PROVIDE A COPY OF 7HE ADOPTED RESOLUTION WHEREIN THE ABOVE
DESCRIBED EASEMENT HA3 BEEN RESERVED.
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Reply to Vacation Inquiry
File # 08-2007
We have no obiections to this vacation
ro: Jean Borgen
City of St. Paul
Public Works Technical Svcs
rbon� x 266-8866
F�a 266-8855
We will avvrove tiris vacation, subiect to the followine conditions:
k'or tkte followin� reasons, we cannot apurove this vacation:
TIIIS FORMIS TO VACATE STREETRIGHT OF WAPONLY:
Unimproved IvJarion Street &om north of Como Avenue and south of the north line of
section 36 townslrip 29 range 23.
Northern States Power d/b/a Xcel Energy-Gas Division has a gas service tbat runs
through the proposed vacation area. Xcel Gas will approve the vacation request, but will
not release our easement rights unless the petitioner agrees to reimburse Xcel Cras for aU
costs associated with relocating our facilities to a new location able to serve our existing
customer.
Signe
��� �
Date
Xcel Energy-Gas Division
Phonc# 651-729-2389
riie.sxax�[.1
❑
0
❑
08/14/2007 14:51
�---
6512927405 ST PAUL PARKS & REC PAGE 01/01
6�-�9 3
T�; Jean Borgen F'°"'�
JpD'f 1`IA�T'INF Z
Reply #o Vacation Inq�iry
File # 08-2007
Fax 8
City of St. Paul ��� ��
Technical Svcs
266-8&66 PhoneA'f�� �� ui�
266-8855 I F'�"
We have no objections to tkus vacarion
V✓e wi11 approve this vacation, subject to the following conditions;
Fot the followizag zeasons, we eanz�ot approve ttus vaeation;
THIS FORII�IS TO VACATiE STItEEZ'.RIGHT OF W. ONL •
Uniznproved Marion Stxeet $om north of Como qvenue and soutk� of the north line of
sectzon 36 townslazp 29 range 23.
d�/ .a
bate
�
❑
❑
8/16/2007) Jean Borgen - Re: Proposed Vacation 08-2007 for 217 Com ���^ �Page 1,
p i-�1�v3
From: Tom Beach
To: Borgen,]ean
Date: 8/15/2007 4:58 PM
Subject: Re: Proposed Vacation 08-2007 for 217 Como
Attachments: Vacation Marion Map.pdf; CINU.da
CC: Hawkins, Jeff; Tilley, Corinne
DSI has no objections to the proposed vacation of the Marion Street right of way
In fact, we hope it is approved. We have been working with the property owner for a few years now on a number of issues and his
plans never showed the Manon nght of way. There are a number of sheds on the north part of the property and I would not be
surprised if one or more of them are sitting in the right of way. So vacating Marion would solve a lot of problems from DSI's
perspective. The sooner the better.
(DO you know if the owner initiated the vacation or was it brought to his attention by the Gty?)
Tom Beach
DSI
8 East 4th Street
Suite 200
Saint Paul, MN 55101
651-266-9086(phone)
651-266-9124 (fax)
tom.beachCo�ci.stpaul.maus (email)
»> Jean Borgen 8/14/2007 8:46 AM »>
Attached is information related to the petition of Shaw Lumber to vacate the Citys interests and utility easements in:
platted, unimproved right-of-way at Marion Street north of Como Ave, commonly known as 193 & 217 Como Ave.:
1) Vacation request letter (WOrd dx)
2) Reply form (2nd page of letter)
2) Certifcate of Intended Non-Use (3rd page of letter)
4) Map (pdffle)
Please review and reply at your earliest convenience, but preferably no later than August 27, 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,
lean Borgen
Tech Svcs - Real Estate
25 W. 4th St., Ste 1000
St. Paul MN 55102
Ph 651-266-8866
Fax 651-266-8855
a�-���
�� ___�µ��� �
OSP National Support /
Investigatrons
Dept42864 Loc 107
2400 NortL Glenville
R�chardson, TX 75082
MCI Network Services, Inc.
08/17/2007
CTTY OF SAINT PAUL
Jean Borgen
1000 City Hall Annex
Saint Paul, M1V 55102
RE: 0&2(Hl7 — STREET VACATION — MARION ST AND COMO AVE —
Saint Paul, Ramsey, Minnesota
MCI ID: 5013-2007
Dear Sir or Madam:
MCI has been norified by yow ofl"ice regarding the above referenced project.
For your records, in reviewing the azea in question, it has been determined that MCI does
not have faciliries within your project area. However, it will srill be necessary for you to
contact the local One Call System at least 48 hours prior to any construction.
You shouid address conespondence concerning any future projects to the attention of
OSP National Support/investigations at the above address.
If you need further assistance with this project, please do not hesitate to call me.
Sincerely,
Beth Seubert
OSP National Support / Investigations
(912) 729-6016
No Facilities.doc
F
�
D� �
ro: Jean Borgen From:
Reply to Vacation Inquiry
File # 08-2007 cit Y ���
R Public Works Technical Svcs
R Phone: 266-8866 Pho°e"
F�u 266-8855 F��
We have no obiections to this vacation
We will approve this vacation, subject to the following conditions:
For the following reasons, we cannot approve this vacation:
THIS FORM IS TO VACATE STREET RIGHT OF WAY ONLY:
Unimproved Marion Street from north of Como Avenue and south of the north line of
section 36 township 29 range 23.
e
P�.e ��-.�
Signed
�-z� -�
Date
_
�
�
i�
o�-y � 3
Reply to Vacation Inquiry
File # 08-2007
We have no objections to this vacation
ro. Jean Borgen
City of St. Paul
F ��,�,,�,��,�:...
C� u� ���
Phone t! 266-8866 � Phane #
F� n 266-8855 F� °°
We will approve this vacation, subject to the following conditions:
For the following reasons, we cannot approve this vacation:
THIS FORMIS TO VACATE STREET ffiGHT OF WAY ONLY:
Unimproved Marion Street from north of Como Avenue and south of the north line of
section 36 township 29 range 23.
Signe
J � r� 'f �t1
Date
�
�
�
U� ��>
ro: Jean Borgen From.
Reply to Vacation Inquiry An ie Leitner
Flle # 08-2007 Cit ofst. Paul Saint Paul Fire
Public Works Technical Svcs
Phone# 266-8866 phone#228fi297
F�� 266-8855 F��zzs-6zoa
We have no objections to this vacation
We will approve this vacation, subiect to the following conditions:
For the follownlg reasons, we cannot approve this vacation:
THIS FORMIS TO VACATE STREET RIGHT OF WAY ONLY:
Unimproved Marion Street from north of Como Avenue and south of the north line of
section 36 township 29 range 23.
Signed
8/31/07
Date
�
�
�
D�-� q 3
PETITION TO VACATE CI'I'Y INTEREST
Petitioners, constituting of a majority of the owners (or their legaily designated
representatives) of the abutting properiy, do hereby petition the Council of the City of Saint Paul
to vacate its interests in the properties legally described as follows:
That portion of Marion Street lying north of Lafond's Addirion to St. Paui and south of
the Section 36, Township 29, Range 23.
Petitioners request this vacation in order to update title and plat the surrounding
properties. A copy of the proposed Lawyer Heights plat is attached hereto.
There is no development of land associated with this vacation. No copies of site plans
aze attached.
Contact Person
Name: Kristy L. Warnen, Esq.
Attorney for Shaw Lumber Co.
Phone: (612) 338-0755
Alternate Contact Person
Name: Joseph A. Nilan, Esq.
Attorney for Shaw Lumber Co.
Phone: (612)338-0755
Address: Crregerson, Rosow, Johnson & Nilan, Ltd. Address: Gregerson, Rosow, Johnson & Nilan, Ltd.
650 Third Avenue South, Suite 1600 650 Third Avenue South, Suite 1600
Minneapolis, MN 55402 Minneapolis, MN 55402
Petirioner responsible for the payment of the compensation and for acceptance of the
terms and conditions of a vacation:
Name: Shaw Lumber Co.
Phone: (612) 378-1520
Address: 645 Johnson Street
Minneapolis, MN 55413
Signature of Owner(s)/Representative(s)
of properties described herein:
By: ��..� ���,a—G�e.t,�
Print name: I�r� �use s�ie
For: Shaw Lumber Co./ WR Shaw� Co.
Its: �,�yc�'s.,,,,i
PID No: 36.29.23.11.0013
Address: 193 Como Avenue
Legal: Lot 5, Brand's Subdivision
Tonens Property
Certificate No. 263314
6'1-9�3
For: Jade Holdings LLC
Signature not required by City approval.
PID No: 36.29.23.11.0012
Address: 217 Como Avenue
Legal: Lot 6, Brand's Subdivision
Torrens Property
Certificate No. 263314
PID No: 36.29.23.11.0014
Address: 217 Como Avenue
hne of Como Avenue then to beginning.
Torrens Property
Certificate No. 105404
L,egal: Dawson's Third Addirion; S36T29R23
subject to easements, the following: Beginning
on Northeasterly line of Como Avenue and
535.87 feet Northwesterly from West Line of
Lot 5, Brand's Subdivision, thence
Northeasterly 546.55 feet to the North Line of
Section, thence East 142 feet to extended West
Line of said Lot, thence south to Northeasterly
PID No: 36.29.23.11.0011
Address: Unassigned Address - Marion Street
Legal: Lot 2, Brand's Subdivision
Torrens Property
Certificate No. 561191
�ubscnbe4 _ an� rn to before me this
Z �' day r�'� 2007.
r . ..-
�,.._---
. , 6 , ; %----�
Petitioner, Sha Lumber Co./WR Shaw ary �
Lumber Co.
VIy commission expires: � -�� �Ol �
P�U Investment Group�Platting ofProperty�PETITION TO VACATE CITY M1'ERES7 2007 08 09.doc
^ddd`Olt
' •,,� DWIGHT A. POSS
° r% Notary Public-Minnesota
� " My Commission Etpires Jan 37, 2070
��� t93
GREGERSON, ROSOW, JOHNSON & NII.AN, LTD.
ATTORNEYS AT LAW
DAVID H GREGERSON"
RICHARD f. ROSOW—
MARK 7. JOFiNSON
70SEPA A NII,AN"t
7ENNIFER M.1N2
SIlRA B. GIJNDERSON
DANIEL R GREGERSON
70N R STECKLER
KRISTYL. W ARNEN
DAVID D. HEIM
IEh'NItEA M. SPALDING
Ms. Jean Borgen
City of St. Pau1 Department
of Public Works 1000 City
Hall Annex
25 W. 4th Street
St. Paul, MN 55102
Re: Petition to Vacate Marion Street
Dear Ms. Borgen:
ROBER"S t LA�G, OF COUNSEL
ROGFA A PAULY, OfCOUNSEL
"Also adm�tted m Wiswnsin
t Also admitted in Nortk� Dakota
+MSBA Boazd Cemfied Real Roperty Spectalist
Writer's Direct Dia]: 612-436-7477
Writer's E-mail: rrosow@gjn.com
VIA U.S. MAIL AND E-MAIL
Please fmd attached for filing Shaw Lumber Company's ("Shaw") Petition to Vacate
Marion Street. Per the City's requirements, the Petition must be signed by the majority
of property owners abutting the street to be vacated. In this case, the properiy owners
abutting Marion Street are Shaw, Jade Holdings, LLC ("Jade") and
the Burlington Northern Railway Company. Shaw has discussed the platting of
Lawyer Heights, the vacafion of Marion Street and the required petition process with
Jade's attorneys, Roy Stromme and Reno Van Putten. Jade has clauned no interest to
Marion Street and does not object to Shaw's Petirion. I previously submitted a copy of
the Stipulation Agreement executed by Jade for review by your Department. I have
attached an additional copy to this letter for your convenience. I was informed that
following submission of the Stipulation Agreement and this letter, the City would not
require Jade to execute the Petition.
650 THIRD AYENUE SOUTH SUITE ) 600
MINNEAPOLIS, MIlVNESOTA 55402-4337
TELEPHONE: (6]2) 338-0755 FAX: (6)2) 349-
6718 WWW.GRJN.COM
l�llgUSt 9� 2.���
Please let me know if you require any additional information.
GREGERSON, ROSOW, JOHNSON & NILAN, LTD. �
Q�' �
Ms. Jean Borgen
August 9, 2007
Page 2
V ery truly yours,
GREGERSON, ROSOW, JOHNSON & NILAN, LTD.
By
Jose� . ian
Kris ' arnen
JAI3/rjo
Enclosures
cc: Mr. Dwight Poss
P V3ome\ I835 ObS�BOrgen Pmtian ro VaceEe 200908 09 doc
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STIPULATION AGREEMENT
This Sripulation Agreement is made this fo� day of .T� 2007, by and between Shaw
Lumber Co., d/b/a Shaw/Stewart Luxnber Company, ("Shaw") J&J Disttibuting Co.("J&�, Jade
Holdings, LLC ("Jade") and Pillars Investment Group, LI,C ("Pillazs").
The parties hereby agree and stipulate as follows:
Following review of maps and historical documents the parties were unable to
locate any grant or dedication to the City of St. Paul, Ramsey County or State of Minnesota
which would extend Marion Street north so that it would abut the Jade property legally described
as Lot 2, Brand's Subdivision.
2. The owner of all of the property identified as vacated Marion Street as shown in
the proposed plat of Lawyer Heights is Shaw as evidenced by Certificate of Title No. 105404.
3. J&J and/or Jade have no interest, right or claim to any portion of Marion Street as
shown in the proposed plat of Lawyer Heights.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
[Signature blocks on following page]
��,��3
SHAW LUMBER CO., D/B/A SHAW/STEWART
LUMBE COMPANY
By � �w
Its �.Q.��Zt�c� '
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— , �/��i'1�
\
i «r�%_�
STATE OF MINNESOTA )
) ss.
COUNTY OF �M�)
The foregoing instrument was acknowledged before me this ]� day of �
2007,by T("r-�p�xiC the �Y�S�aer�k of°�: �
� aaq, organized and existing under the laws of the State of
Minnesota. P;\�o,Ys T,�vestr,en c-�
. �
��
�pp� $. G FUST�IN otary Pu i
���o
d ����
STATE OF MINNESOTA )
) ss.
COUNTY OF
�
The f regoing instrument was acknowl4dged before me this � day of�,��
2007, by ,�co. the �,ccs+�i,,,,?�C�o of J&J Dis uting
Company, organized and e7 'ng under the aws of the te of Minnesota.
ROY B. STROMME •
NOTApYPUBLIC•MINNESpTA �
MY �tbn Expirec Jw.3f. 7010
a
STATE OF MINNESOTA )
) ss.
COUNTY OF -���—,,,��� ,,,_,,,��^��_., )
� �
The foregoing instrument was ackn
2007, by ��-me¢ /�.,,�.�:, �„� t�
�,..�� - , -
LLC, organized and existing un er the laws
�OY B. STROMINE ,
N07ARY %/BItC-MINp�A
� �
a�. ma
)
) ss.
COUNTY OF ��, )
�-
NO Pll I1C
before me this � day of �,���
,4�;„.,��w.�„� of Jade Hoi ngs,
The foregoing instrument was aclrnowledged before me this /d }� day of Jw (.
2007,by 17�I K�us:...��:�„t,� the '?t�;,Q� ofP�t
� organized and e�sting under the laws of the State of Minnesota. 5 �4W �wr S�� L° ,
Notary Pubiic
W1NIEl. Q.
P:�}IomelShawV&! DISIItIBU('ING�PLFADINGS\S'C[PULATIONAGREEMENT20070606c1ean.dac
� . ��,��3
Guaranty Commercial Title, inc.
July 17, 2007
Kristy Warnen
Gregorson Rosow Johnson & Nilan
1600 Park Building
650 Third Avenue South
Minneapolis, MN 55402
Re: GTI File #52380-1/Ownership Report
Dear Ms. Warnen:
Guaranty Commercial Title, Inc. does hereby certify that a seazch of Ramsey County, Minnesota
t� records discloses that, as of July 2, 2007, the owners of the properties abutting the public
right-of-way described as Marion Street north of Como Avenue are as follows:
Fee Owner/Address
1. Shaw Lumber Co.
645 Johnson Street NE
Minneapolis, MN 55413
2. Shaw Lumber Co.
645 Johnson Street NE
IVlinneapolis, MN 55413
3. Jade Holdings, LLC
653 Rice Street
St. Paul, MN 55103
Property Description
PID #: 36.29.23.11.0013
Address: 193 Como Avenue
Legal: Lot 5, Brand's Subdivision
Tomens Property
Certificate No. 263314
PID #: 36.29.23.11.0012
Address: 217 Como Avenue
Legai: Lot 6, Brand's Subdivision
Torrens Property
Certificate No. 263314
PID #: 36,29.23.11.0011
Address: Unassigned Address Marion Street
Legal: Lot 2, Brand's Subdivision
Tonens Property
Certificate No. 561191
100 Souih FIHh Sireet, SuHe 490 • Minneapolis • Minnesota • 55402 • Tel 612-339-587 3• Fmc 612-337-5966
��-�9�
Kristy Warnen
Gregorson Rosow Johnson & Nilan
July 17, 2007
Page Two
GTI File #52380-1
�
Fee Owner/Address
Burlington Northern Railway Co.
P.O. Box 961089
Fort Worth, TX 76161
5. W R Shaw Lumber Co.
645 Johnson Street NE
Minneapolis, MN 55413
Property Description
PID #: 25.29.23.44.0017
.�
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U� IU
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Address: Unassigned Address Rice Street
Legal: plo Southeast 1 /4 of Southeast Y< of
Section 25, Township 29, Range 23
Abstract Property
PID #: 36.29.23.11.0014
Address217 Como Avenue
Legal: Dawson's Third Addition; S36T29R23
Subject to easements, the following: Beginning
on Northeasterly line of Como Avenue and
535.87 feet Northwesterly from West Line of
Lot 5, Brand's Subdivision, thence Northeasterly
546.55 feet to the North Line of Section, thence
East 142 feet to Extended West line of said Lot,
thence South to Northeasterly line of Como
Avenue then to beginning.
Torrens Property
Certificate No. 105404
This report represents the professional opinion of Guaranty Commercial Title, Inc. regarding
ownership of the above-described properties. It is not intended, nor shall it be construed, as a
guarantee of title. Guaranty Commercial TiUe, Inc. assumes no liability for errors or omissions.
Sincerely,
Guaranty Commerciai Title, Inc.
Wendy B. Ethen
PrincipaUCommercial Closer
/mrk
6�]��'
NOTICE OF PUBLIC HEARING
Notice is hereby given of the petition of Shaw Lumber to vacate uuimproved Marion Street north of
Como Ave within their property and, 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
17th day of October, 2007, at 5:30 P.M.
Dated: September 12, 2007
Shari Moore
City Clerk
(September 17, 2007)
�7-��3
Interdepartmental Memorandum
CITY OF SAINT PAUL
To: All Council Members
From: Jean Borgen
Public Works Technical Services
Real Estate
1000 Ciry Hall Annex
Date: September 12, 2007
RE: Public Works Vacafion File No. OS-2007 (Street Vacation)
I recommend a public hearing before the City Council be held on October 17, 2007
to consider the petition of Shaw Lumber.
This petition is to vacate unimproved Marion Street north of Como Avenue within
the Shaw Lumber site.
There is no additional building proposed within the vacated area.
This property is located in City Council Wazd 1, Planning District 7.
Alantis/pw/Technical Services/Real Estate/Vacationsl2006/07-20