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08-473Failed Mav 7, 2007 Return copy to: jmb Public Works Tech. Services 1000 City Hall Annex RESOLUTION Council File # �'�� Green Sheet# 3052361 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 PAUL, MINNESOTA Presented by GS 3052361 �a- BE IT RESOLVED that, upon the petition of the Brian Launderville, as documented in Public Works Technical Services, Vacation File Number OS-2008, the public right-of-way hereinafter described, as follows and on attached map Exhibit A, is hereby vacated and discontinued as public property, and subject to the herein stated objections, the easements within said public right-of-way are hereby released: That part of the alley within block 39, Greve's Addition to Saint Paul, MN, that lies north of the southern line of Lot 19 eatended east to the east line of the north/south alley in said block 39; 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 successars and assigns shall pay $600.00 as an administrative fee for this vacation which is due and payable within 60 days of the effective date of this resolution. 2. Per the Public Works Department of the City of Saint Paul, the three abutting property owners must enter into an access and maintenance agreement, Exhibit B, to specify their rights and obligations for the right-of-way proposed to become private property. Also per Public Works, the 20' wide drainage easement must be retained. 3. That an easement shall be retained on behalf of Comcast, a Pennsylvania Corporation, for existing facilities. The petitioner or its successors and assigns shall provide new easements if required and the petitioner or its successors and assigns shall assume a11 costs of relocating facilities to the new easements. 4. That an easement shall be retained on behalf of Northern States Power Company d/b/a Xcel Energy (electric), for existing facilities. The petitioner or its successors and assigns shall provide new easements if required and the petitioner or its successors and assigns sha11 assume all costs of relocating facilities to the new easements. 5. That an easement shall be retained on behalf of Qwest, a Colorado Corporation, for existing facilities. The petitioner or its successars and assigns shall provide new easements if required and the petitioner or its successors and assigns shall assume a11 costs of relocating facilifies to the new easements. GS 3052361 ��'�� 6. That the peritioners, 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 resolufion and shall, within the period specified in the terms and conditions of this resolution, comply in all respects with these terms and condirions. Requested by DepartrnentoE Public R rks a / By: Forxn Approve rney By: �� — Form A rov b yor for e C sio Council By: � By: 71 Adopted by Council: Date � , � '"/� � � �, Adoption Certified by Council Secre � BY- /i" !/idu�%, �r/LS�?e� Approved by Mayo Date � Green Sheet Green Sheet Green Sheet Green Sheet Gree,n Sheet Green Sheet � t � 6`�� , p�/�/ – PUbtic wocks Contact Per�on & Phone: Jean Borgen 266-8866 musL Ge on Counefl Agentl 07-MAY-08 Doe. Type: RESOLUTION E-DOCUment Required: N Document CoMad: Contaet Phone: Total # M Signature Pages 14APR-08 �■► A55ign Number For - Routing Order All Locations for SignatureJ Green Sheet NO: 3052361 o �ubLcworks ( N...{ K4�TY I L I�F 1 ublicWorks -- e armieutDireRar _ � 2 'NAttorne ChadSffiul ' 3 or's O�ce Ma or/ASSistant 4 onncil 5 i Clerk Ci Clerk .� , PUBLIC HEARING. Approve the petition of Brian Launderville to vacate part of an alley in the block bounded by Churchill, Greve and Orchazd Ave. iaavons: npprove (q) or ht Planning Cortlmission CIB Committee Civil Service Commission � 1. Has this persoNfirm ever worked under a contract for this department? Yes No � 2. Has this person/firtn ever been a city employee? Yes No 3. Does this person/firtn possess a skill not normally possessed by any — current city employee? — Yes No _ Explain all yes answers on sepa2te sheet and aNach to green sheet Initiating Problem, Issues, Opportunily (Who, What, When, Where, Why): Petitioner owns property on both sides of the alley and wishes to be able to use his property as contiguous, although no building is proposed or perniitted within the to-be-vacated azea. Advanqges IfApproved: Peritioner can use his proper[y as a contiguous pazcel. DisadvanWges IfApproved: None foreseen. Disadvantages If Not Approved: . Petitioner's property remains didided by a public alley. Trensaetion: $600.00 Funtling Source: Financial Information: Administrative fee for vacarion (Expiain) ��J�'��lJ � aPR 1 � zooa �!1 � f� �:; i �474 iF Activiry Number: 255-12363-2833 CosURevenue Budgeted: April 14, 2008 10:41 AM Page 1 �� q � o �u :� � < y � j W � W � m �' x 0 � q .� � Z @3 8 o ° F a � . � N y � �aC1 m [� < oa� s �'G O = U �� uQ�� w�o 0 U c O h �z u N � h v.�,; 6mp�pptl-s,ana�p- :a�ij I � � � ! � EXHIBIT `A' I I ti m �F Q ti A L4 � � � D � d- � N r'� N� O d � ',.a�� N N N N � � � � �Irn � � I � � � E tZ 5 Z SZ SZ SZ SZ SZ 5Z �Z SZ �bZ N — � �__ _1 fi.TQ — =A � � � l bZ SZ SZ SZ SZ SZ SZ SZ SZ SZ SZ l bZ � '��°� N � ° � �' 48'ZZ � z � � � I� O� � � � N Gl S � � � Q Q T� O D ° � �°� � m � u; t'tz � Czl �cfi v W � ,T, r ° ,; � < 6 -�� W�< a a �.� �, � '2� ca I� � �°'da � � � � cF � � � � N � � � � � � � � I� N N N N � ^ � I � � � � � , �l'tZ SZ 5Z SZ SZ SZ SZ SZ �Z SZ t't7. /� �- - - -�`II�-I�-2�f�H-3--- - - - 'lZ SZ SZ SZ SZ SZ SZ SZ SZ SZ S CtZ � � � �b'„ 1181HX� r n I I� 0 � � � x �� ,� . �T:� ,� �,� �R ; 4q�7{DO�aa�i i.am - i�sv - F6 urrneais � u { .:' t ' N � / i` . �. � ..,�� --------'-- � �, "- ,,d = ��F< /�� F�+�" y y_... ""' �'"'"' � x N 1064 16' 4 (^v � 1 /L ^ 1 ..� . ..� 1 � / z N 1Q60 Q � ° '112"X �•-- •• - •X) ._ _ � � 1056 k ' :1 1/ " �----- --------� � � ;1 1! " X � �-•--- •----- - 1047 ; : �� i i �� _ �c«��i�rr�ua iF�9�,��,.'J��'� . i�G�sR�ao�R�,tcc:�pS�wuC �59 � 1 112" X R __...r..----... 4- 5 � ( i � o aTabu� .. � �.:,.,..`„c«mc:�6 TJz� r�SF� ��F� � i�w � S P't� 1 �t= ��3 � � F+.�� P i 1067 � � ._._., M �Lxie� zza�+ EXHIBIT `�� LETTER OF UNDERSTAND{NG C�'�i?� It is the understanding of the property owners whose property conforms to the folfowing fegal descriptions: ��h5 �t, s,�,. �I�K �� C�.�:� �� z.�� L<'_t �� tc�S 1�� a�ncl �Inck�i C-•�re,;z� ��-t-c�:� I�'�'�`ZwS�cZ`)�PcLT 2�,:.c�5 i 1a� 3 � 3 � j q C r r a,LC7ac�� ctn —ry; t/ ,� y-C�-'.� c�'I uYY1 ��' f��OC�C3�Z `jlr-�i.c� C.C��Tt�i�'\ /"��Y`�+'15.��1J�zt� 3 � �GI-� �3�.�► ��j j�i�k �9 G;�,�r,��l-t�.�. /-�b:�-��-� that upon the vacation of the platted public right-of-way alley (map with description attached) the owners of the above-described properties agree to: Grant each other and all future owners of said properties, in perpetuity, rights of ingress and egress over the full 20.00 foot width of said ailey; Be responsible for any and all future maintenance of said ailey with the understanding that, once vacated, it becomes personal property and the City of Saint Paul will not provide maintenance and/or repairs. (Note here if iYs equ ' y �� e{. (%SZ ,��c.��e/ �1�r'�1�;�,�5 e`YYt e�v�y v,-ht1 0�"1"� �L l'lr 4��ai�4'� �-�� U�� percentages, or differenf percentages.) This Letter of Understanding will be recorded with Ramsey County, Minnesota, along with the Resolution that vacates the portion of alley referenced herein. Said Resolution memorializes the rights of utilities and City departments who retain easements within the vacated area. / � Signed and Da by owners of F'per�ty o f ing to above legal descriptions: � ^> ') � '�i �� % � % 1�1-08 e�-��F rn F �z ,�: �i.-;��<.cJL�z:.w •w:! Date _ gJ'��c� ��; . ��i�.c�rl �-v lO�i7��e�t'��5� �s��:�f1�G�<57�� 2�� Address ' C� � a � (,�wi� nn �{,�t.,. CyrrJ`k�aA JE�,Ix.-r� i�!I i t, "»�oFf �� c�u�7 �;1/�-� ��,•r s� %��S " Add re55 1 , �) ct5c� #� �erne-�-E+ 3 �f�-�o� C� � ~ C O � �^! � z .— �f t � V W Q j o aa � w � E moo Z A F � /��d re55 6`b��f�3 � Ffg pl ZQ � �91y �� PETITION TO VACATE CITY INTEREST I(we), the undersigned, cons[ituting a majority of the owners (or their legally desigaated representatives) of the abutting properties, do hereby petition the Council of the City of Saint aul to vacat ts in eie ts in the pro rty(i s) legalty d scribed as foll s: % �ar� � �te �o� So �/�e �ti �c�i� �q� � ad c� � -� � �j�ij� C.�jUHT`1��f�y�/�2��`� /y.�� $ ! 6 /nGluS;ls� av� l.� -��s tq �h��Y�' 2�;n �us;�� I(we) reques[ this vacation for the folLowing g eason(s). ( dicate whether you will be ilding o t site.) / / -( li�-� �,��5 iY�a� Na�,r'� y �55 �'f�`Z- f�a- T�e.�C�•� njt� cn;t—`7"j"F � �-� �t��-�.-�ss; � �; �� p:�� w; i � ��l a�.� / � � -l� . � , - i. � � �7 i ,/� )j /� «, ,nJ or, � Qt� i.L i�� an� �"✓Y�iewrl F;-L�>"�r/ / � �t��YJ� f�l'Lie:; n ct{+Jl; � Ll.: f-o� I(we) have attached six copies of the site plans of aay development intended fot constiuction on the lands to be vacated. G `1�� Contact Person Name: Phoae: Address: Alternate Name: � Phone: Address: IV ` Person(s) responsible for payment of vacation fee and for acceptance of the terms and conditions of the vacation: Name: Phone: Address: �� r{� Name: Phone: Address: Name: Phone: Address: Name: Phone: Address: Signatures of 1 �! ,_ �Lz��c,r� �.��0'�'�- �.� �- � "� 'V � 4 / I, Q z.e� _, am the petitioner, or one of the petitioners in the above matter; and I do hereby swear and verify that each of the signatures on t6is petition was signed in my presence by the person described in the petition. '4^�+Annnnn+vvsv..v.n 5.•p.,v�y.�„v}✓(ryzvw��wa � � i k:. _ �til�:SUi��}�'V). f0, y�Nl�uLrvPi ,e yo � ;�etar,� ?�i�iio-Nii,^,r��sota t•� �amm�ssion Expirpe Jen 3t, 20y0 � �'/Wrer 'v�nr.r: ^Mnnr n -,'"!6'�'xeYMVwJ scribed ad swom ro befor e this �_ of��,� ^ ,20`�� Notary D � My commission expires I �� ,of Pro e ies Described Below: �� P rtYC ) Certified Ownership Report Edina Realty Title 6800 France Ave S. Suite 410 Edina, MN. 55435 January I5, 2008 Brian V✓. Launderville 1060 Churchill St. St. Paul, MN. 55103 �$-�� Edina Realty Title Insucance j Cot�any does liereby certify that a searcl� of Ramsey County, M�nnesota hx recordsdiscLoses that, as�of 3amiary 15, 2008, the owners of tlie properties abut[ing the nght-of-way describedas �- ' -� ' '- — That part of the North and South alley in Block 39, Greve's Addition, Ramsey County, Minnesota lying between Lots I through 6 inclusive and Lots 19 through 24 inclusrve. Lesal Description Lots 4, 5 and 6, Block 39, Greve's Addition And Lots 19 and 20, Block 39, Greve's Addition Lots 23 and 24, Block 39, Greve's Addttion Lots 1, 2 and 3, Block 39, Greve's .vddition And Lots 21 and 22, Block 39, Greve's Addition Prooertv is: Torrens and Abstract Abstract Torrens Fee Owner Biian W. Lauuderville 1060 Cliurchill St St. Paul, MN 55103 JasonA. Vernetti 1068 Chiucliili St. St. Paul, MN SS103 David N.Kel�bom ' 2� Yi � � ` ' , �e 2*�. -�.,.+�'�. .`' 3..�'�S't'�"SUl u�*.s s sr� � <:, ' = t ,..Ysti.. ^.:�::.Rax'�SL�.a:+....�`„c5.m' Contract Purchaser This repoct represents the professional opinion of Edina Realty Tifle regardmg ownership of the above described properties; it is not intended, nor shall it be construed, as a guarantee of title. Edina Realty Tztie assumes no liability foc eirors oi omissions. Smcerely �` � j 1 � �^ �� `u= � = f� �' ;d' l 6�,�.+ ��; 5 -v j{ t�`. �� i �s_ �-; �v � s Envly Rekstad � Licensed Abstractor Edina Realty Title �ic�'� Qk� �a9r*lii@�a76�, � ��°fSP��° �£�C�'s�3tj �.�::�S�v�� `�a.a z ,� , . . y� � ' . . � . x ° a � r: � � .ui ;�' ? .., .�. ��:.�z..., ��,: ..,,: � .. ..a` � (316f2008) Jean�Borgen - Reply for Proposed Vacation 05-2008 doc �� Page 1 i b£5��3 �omcast� ;vfacch 6'" , 2008 Jean Borgen Depaztment of Public Works Technical ServicesJ Real Estate 1000 Ciry Hall Annex St Paul, MN 55102 Comcast Cable Communications, Vnt. 10 River Park Plaza St Paut, MN 55107-1219 Subject: Vacation Inquiry # OS-200S (Vacation of pazt of alley notth of Oxchazd Ave & eaa7 of Chutck St) Deaz jean Borgen Comcast would like to maintain our easements in the uea of file # OS-2008. We currently have aerial facilities in this azea. Comcast will release its easement in the described right-of-way provided the proposed improvements do not interfere with its e�sting faciliries or interfere with Comcast's access to the said faciliries to maintain, =epau or upgrade them. Should the said unpxovements in anyway intesfexe with os pxevent access to the said faciliries, the petiuoner or its successor shall pxovide new easements as requited and the petitioner or its successox shall assume all costs of relocating faciliries to the new easements. ��66 Y �'' 16) ua � 106a ]069 II 1060 � 1060 S � � � 1056 t048 1012 ' � m mss 'frt � �� aa? ! — I ORCHfiR� PVE W '�i 131' ws� _� is2 S -- � � � cu103 m e ml 3035 F _ � � _I _ s ° 'le' — IJa• 1029 i � • r� � � It . 1 S 026 I 1023 cora��p,Scott Ruppert � a � b��U'�� ro: Jean Borgen F�om: Colleen Paavola Repfy to Vacation Inquiry CityofSt.Paul csriofst.PaUi File # 05 -Z�fl$ Public Works Technical Svcs Public Works Phonett 266-8866 Phonek 266-6104 F�# Z66-88SS F�# We have no objecfions to this vacation We will approve this vacation, subject to the following conditions: For the following reasons, we cannot approve this vacation: THIS FORMIS TO VACATE STREET RIGHT OF WAY ONLY: That part of the northJsouth alley north of Orchard Ave. and east of Churchill St. that lies north of the south lines of lots 19 and 6, block 39, Greve's Addition. Provided the three properiy owners enter into a maintenance and access easement agreement. Future maintenance issues will need to be addressed in their agreement and that creates problems. They should also address in their agreement pazking and any other possible obshuctions of the easement azea. A 2Q' wide drainage easement will need to be retained. All parties involved are to be aware that all maintenance by the City will stop if/when alley is vacated. There k�ve been several complaints for alley maintenance in the past. ■. � I �� ' /� � � ��,�, �.«�G<—�' �-,�Z7 oS �Signed Date �� To: Jean Borgen From: i/lJTLJ i�� Reply to Vacation Inquiry �L��1�C�L5PS7' 2 File # 05-2008 City of St. Paul �/�y ��RC �/ Public Works Technical Svcs �� Phone � 266-8866 Phone � �� ?� � F�� 266-8855 F�#�;f� j�� TJ" We have no objections to this vacation We will approve this vacation, subject to the following conditions: For the following reasons, we cannot approve this vacation: THIS FORM IS TO VACATE STREET RIGHT OF WAY ONLY: That part of the nortWsouth alley norfh of Orchttrd Ave. and east of Churchill St. that lies north ofthe south Zines oflots 19 and 6, block 39, Greve's Addition. � � � Ptease be informed that Xcef Energy has no objection to the referenced vacation action provided however, that easement rights in favor of Northern States Power Company, a Minnesota corporation d/b/a Xcel Energy be reserved throughout that part of the aifey subject to said action. Existing efectric faciiities shown on attached. ,�� Si �� 7�'�..� Date /'�-5 FROM CWEOyFEB 2T 2008 T:27/ST. T:26/No.T50000011H P 3 b�'�� CERTlFiCATE OF 1NTENDED NON-USE THE HONORABLE �YOR AND MEMBERS OF THE COUNCIL OF THE CITY OF SAIl3T PAUL In the Matter of: Vacation File � OS-2008 The undersigned hereby certifies, on behalf of the indicated deparhnent or company, fhat it does not intend to exercise its utility rights in the realty described below; That part of the north/south altey north of Orchard Ave. and east of Churchild �t. that lies nm�th of7he south Zines of lots 19 and 6, bZock 39, Greve's Addition. except as here noted: I �-c.v� s' �` h /� S �t �f-%a / �� . �� I : r-�;� s ;N t"�,'�, /¢//F.%. ��'e5T C,.,-t! N�l �6,4�� ffo��eeie� P:-�� r��Sr cn:�. .a-� ¢,P,✓� s�Tc��sf- F �ivG` /i��hTS �c.! a3' �� `� P^ <PS.� C.c:�s T Co,3� �_ Its: �- _ /�? �a'/¢i �rC"'r� � e S� ra N .Cn+C3, /-�E'�E'G / STATE OF 3vIINNESO'I'A C IINTY OF A5N ..� - ra,..1 � Yhe fbregoino instrument was acicnowledged before mc tbis ss � L,a��- n1 ��a.cF�; dny of r � 20 Q zr5 of ��ST �_��L��'.r'FTi6,..J y � LG.Q-A/JG IJ.Y.�6,�fl�QN� under Ne tlws ot the Staze of Minncsorz. _ � ANM1M1Mfb41AM / ~ � ',� LINpRA. JU�LI�t� NotazyPubli _ �-s4-J (,�-- �c.i-Q..�� i `. .• :� Hotary Publfo-Minn�sqt� My comraission �pires �14�iJ �1 'r1�.N , eZ6 i D My Conlmieil6n E��rea Jan��, ¢�{8 RE I�NED OTA�' �� OPY TO 1000 CTTY HALL ANNEX, 25 W. 4"' St., 5T, ST. PAUL NIN 55102 � � �"" �, "-.. Signature / / ��-�� To: Jean Borgen From: Reply to Vacation Inquiry Jod Martinez File # 05-2008 csc� ofst. raui p �d Rec. Public Works Technical Svcs Phone# 266-8866 Phonelt266fi424 FaY# Z6G-RRSS Fax# We have no objections to this vacation We will approve this vacation, subject to the following conditions: For the following reasons, we cannot approve this vacation: THIS FORMIS TO VACATE STREET RIGAT OF WAY ONLY.• That part of the north/south alley north of Orchard Ave. and east of Churchzll St. that lies north of the south Zines of lots 19 and 6, block 39, Greve's Addition. Jody Martinez 3/5/08 � . . Signed Date ��-r�� To: Jean Borgen F `°"' Reply to Vacation Inquiry �gie Leitner Fite # 05-2008 c�ty oesc. Pau� Fire Deparcment Public Works Technical Svcs enoaea 266-8866 Phone#228fi297 Faxa 266-8855 F��ZZS-�zoa We have no objections to this vacation We wiil approve this vacation, subject to the following conditions: For the following reasons, we cannot approve this vacation: THIS FORMIS TO YACATE STREET RIGHT OF WAY ONLY: That part of the northlsouth alley north of Orchard Ave. and east of Churchill St. that Zies north of the south lines of lots 19 and 6, block 39, Greve's Addition. .,� Signed 2/25/08 Date � � � - - - - ---- --- - ---- - - ----- --- - - -- - - --- -- (2J8/1008) Paui Dubruief _ CINU.doc Page 2 } -- - - - - -- - -- --- --- - - -- - - - --- -- - - - -- — - - b� ��? 3 (My Documenis/CINU Inq.doc) Reply to Vacation Inquiry File # 05-2008 ro. Jean Borgen From Ciry of Si. Paul Public Works Technical Svcs Phone R 266-8866 P no�e t.� F� a 2 F K We have no objections to this vacation We will approve this vacation, subject to the following conditions: For the following reasons, we cannot approve this vacation: THIS FORM IS TO VACATE STREET RIGHT OF WAY ONLY.• That part of the nor alley north of Orchard Ave. and east ofChurchill St. that lies north of the sauth lines of lots I9 and 6, block 39, Greve's Addition �e-e. s�� i � � �� / � _. -: � ' �'�� Date b� ��7� CERTIFICATE OF INTENDED NON-USE THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF TI� CITY OF SAi1�TT PAUL In the Matter of: Vacation File # OS-2008 The undersigned hereby certifies, on behalf of the indicated department or company, that it does not intend to exercise its utility rights in the realry described below: That part of the northlsouth alley north of Orchard Ave. and east of Churchill St. that lies north of the south lines of lots 19 and 6, block 39, Greve 's Addition. egcept as here notec�: STATE OF MIIVNESOTA � COUNTY OF Raznsey Northem States Powex d/Ufa Xcel Enexgy-Gas Division Its: Gas Engineer Signature The foregoing instrument was aclmowledged before me this �� day By James Zakerski Of under the blua 200$ RETUI2N SIGNED/NOTARIZED COPY TO 1000 CITY HALL ANNEX, 25 W. 4�' St., ST, ST. PS�UL MN 55102 V 'J / ( � ! MCI Network Services, Inc. 02/10l2Q08 TECH SVCS-REAL ESTATE Jean Borgen ZS W 4th St Ste 1000 St. Paul, MN 55102 OSP Nahonal Support / In«troa[ions Dept d28Gi Loc 107 2d�0 �onh Glai��71e Richardson_ TX 750R2 RE: OS-200$ — VACATION OF ALLEY — NORTH OF ORCHARD AVE AND EAST OF CHURCHILL ST —St. Paul, Ramsey, Minnesota MCI ID: 797-2008 Dear Sir or Madam: MCI has heen notified by your office regarding the above referenced project. For your records, in reviewing the area in atiestion, it has been determined thaY MCI does not have facilities within your projecf area. However, it will still be necessary for you to contact the iocal One Call System at least 48 hours prior to any construction. You should address correspondence concerning any fitture pro}ects to the attention of OSP National Supportiinvestigations at the above address. If yau need fiu assistance with this project, please do not hesitate to cail me. Sincerely, Beth Seubert OSP National Support 1 Investigations (972) 729-6016 No Facilities.doc �j -�� CERTIFICATE OF INTENDED NON-USE THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CTTY OF SAINT PAUL In the Matter of: Vacafion File # OS-2008 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 north/south alley north of Orchas-d Ave. and east of Churchill St. that lies north of the south lines of lots 19 and 6, block 39, Greve's Addition. except as here noted: STATE OF MINNESOTA COUNTY OF RAMSEY � The fnregoing iushume� was aclmow(edged before me this Saint Paul Regional Water Services Its: General Manager ��ax r X ".,Xda. Sigri3tUT0 Stephen P. Schneider 13th � February , 20 08 gy Stephen P. Schneider, Genaral Manager o f Saint Paul Regional Water Servcies municipal corporation under the laws of the Siate of Mimesota. . ,�^,�� // �� n Notary Public � � �SEr�, INOflie 3ean Gagnelius Mycom�sionexp � 3J NOtARY RET D � Y TO 1000 CITY HAI.L X, 25 4 St., ST, ST. PAUL � .:.• � Ex�l��=q�:�i2 r� ,� . D`S'�13 ro: 3ean Borgen F s�z c�-�'-z. Reply to Vacation Inquiry GA � �� File # 05-2008 CityofSt.Paul � p,� p ��- Public Works Technical Svcs PhoneR' 266-8866 Pno"e� avi�-sqq� F�� 266-8855 F�# We have no objections to this vacation We will approve this vacation, subject to the following condirions: For the following reasons, we cannot approve this vacation: THI5 FORMIS TO VACATE STREET RIGHT OF WAY ONLY: That part of the north/south alley north of Orchard Ave. and east of Churchill St. that lies north of the south lines of lots 19 and 6, block 39, Greve 's Addition. td-�.C.¢�, vv��s � r�+—.,v�—�� ` � � � � r`" �,_ - � �`� F ■ �I I�� a-ia-a� Signed Date �$�`��3 CERTtFICATE OF INTENDED NON-USE THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE In the Matter of: CITY OF SAINT PAUL Vacation File # OS-2008 The undersigned hereby certifies, on behalf of the indicated department or company, that it does not intend to exercise its utility rights in the realty described below: That part of the north/south altey north of Orchard Ave. and east of Churchill St. that Zies north of the south lines of lots 19 and 6, block 39, Greve's Addition. except as here noted: DTSTRICT ENERGY ST. PAUL., INC. AND DISTRICT COOLING ST. PAUL, INC., HAVE NO EQUIPMENT IN THE AREA TO BE VACATED�43�`3 �NOQF.�J sCTION Tp�HE S+• �� VACATION. —�J �i l.11 'kr c� C� Its: � r es', c�a-,�+' STATE OF MINNESOTA � COIJNTY OF i1, e,,.�s��- The foregowg instcument was aclmowledged before me A r� ��v s _ \ , rR . . �.� .� ms undex the ]aws of the S[ate of Minn . S�`` tS0.^ NotaryPublic , �6�'S2. �010 My coaunission eepses � RETiJitN SIGNED/NOTARI7.ED COPY TO 1000 CITP HALL ANNEX, 25 W. 4' St., ST, ST. PAUL MN 55102 �,, TRIJDY L. S#�E12Vl�OD t�U' 7ARY r�JBI;C -,Y,�SpTA f!Y G'v€et�9i�Si6N EXPiIi�S JF,.�y 9i. 2(1 t 0 � � �rT�� , �. _ � - - -- - _ (2/11/2008) Jean Borgen - Re. Proposed Vacation OS-2008 Page 1 �O �-1 (� From: Tom Beach To: Borgen, Jean Date: 2/10/2008 929 AM Subject: Re: Proposed Vacation �5-2U08 DSI has no objections to the proposed vacation. »> ]ean Borgen 2/7/2008 1:47 PM »> Attached is information related to the petition of Brian Laundervifle to vacate the Cit�s interests and utility easements in: Part af ptatted, unimproved alley north of Otchard and east of Churchill. 1) Vacation request ietter (YVOrd doc) 2) Reply form (2nd page of letter) 2) Certificate of Intended Non-Use (3rd page of letter) 4) Map (]PG file)) Please review a�d reply at your earliest convenience, but preferably no later than February 19, 2008 if at all possible. If you have questions, or if you cannot open the attachment5, please reply via email or call me at 651-266-8866. Thank you, Jean Borgen Tech S�cs - Real Estate 25 W. 4th St., Ste SD00 St. Paul MN 55102 Ph 651-266-8866 Fax 651-266-8855 v� D� District 6 Planning Council www.district6stpaul.org 213 Front Avenue Saint Paul, MN 551 17 651-488-4q85fax:651-488-0343 districtb@qwestoffice. net Apri122, 2008 RE: Proposed Alley Vacating at Churchili & Greve On April 22, 2008 the Land Use Task Force met to discuss the above proposal. Applicant has installed gates obstruding the alfey and is now applying to have the alley vacated so that his dogs have a larger area to run around in. After considerable discussion, the Task Force voted to recommend denying the application to vacate the alley: • While the property holders to the north are said to have agreed to the vacate proposai (they were not present to confirm this), those properties require passage through the alley to reach their garages, so from a common sense standpoint the vacation of the alley does not appear to make sense. The proposal appears to create a number of legal and property access problems for several adjacent property owners in order to create a trivial personal tonveriience for the applicant. • While a'Letter of Understanding' was said to address some of these issues, this document was not produced at the meeting. As a resatlt it could not be determined what the terms;were, whether it wou�d be bi�ding upon futw=e property owners or constitute some kind:of permanent easerrrent, ho�ar__access could be-guaranteed as a practical matter, or`even wheYher the le�ter exisfs. • It appears th� the applicant obstru�ett the alley illegally and only after having been cited for it is applyirsg vacate the alley. • Aiso noted is that.there appears to be a prvperty dispute and a potential site-trespass issue with the placemsnt of the gates and fenceposts used to block the alley possibly being placed on a neigh�or's property. If there are any further questions or concerns trom arry of the parties involved, District 6 Planning Council can be reached at (651) 488-4485. Thank you. Je�Marte�J Jeff Martens, Land Use Task Force Chair Distrid 6 Planning Council Attention: Donna / Lee H. -(651) 266-8650 Public Hearing date: Mav 7. 2008 Re: Item 52 from Ed Madrid, I06I Orchard �� 1� • Peritioner has installed fencing that prohudes into the alley past the city required distance. Petirioner has also installed `cattle gates' which close off any access to the alley. • What is the Reason for this VACATE Request? x1060 Churchill - Dog access. * 1068 Churclrill - unknown '� 1064 ChurcLill - unknown We believe there is no }usfificarion for Petirioner or the other two residences in this request. • Distdct 6 Planning Council has suggested DE1�TL4L for request to vacate city properry on Apri122, 2008. • What is the reason that Petitioner can't control his dogs that warrants closing off the alley? We believe that these dogs aze unsafe. Animal control has been called numerous times on Petirioner's dogs. Peririoner's dogs have snapped, attacked and bitten family members at the 1061 Orchard resident. Neighbors and their children are in danger, these dogs need to be contained or kenneled and not allowed to run free. • There are new residents at 1040 and 1042 Churchill. One has 3 children and the other has a small dog. Both may have an issue if the Petitioner's dogs were to get loose. 77aese gates do not contazn Petitioner's dogs. • Pefitioner's properiy had fencing that enclosed the property on both sides of the alley, Petitioner removed fences and refused to control dogs as required by the city. Petirioner has had previous dogs hit and one ldlled by a train because of his unwillingness to control his animals. Why was fencing removed if dogs needed to be contained? • Being residents since 1973, we have seen 3 previous owners at 1060 Churchill and all have had dogs that were kept in their fenced property without issue. Petitioner has removed the fencing needed for animal containment for no viable reason and refuses to follow city rules and regulations for his dogs. • Petifioner has had the opportwiity to re-fence his property ar install kennels far his dogs but refuses and instead illegally installed a gate to block off alley access. The gates used do not contain the dogs. We have witnessed the dogs wandering outside of the opened gates so often that now in addition to the installed gates the Petitioner uses elecironic collars unsuccessfully to attempt to control the dogs. • Petitioner has closed off the alley on numerous occasions and was not available to let vehicles through. (Most recently on Sahuday May 3rd.) Vehicles are forced to `honk' or wait until Petitioner allows access through the gates. When the Peritioner closes off access to the alley some vehicles reverse out of the alley at a high speed. This is unsafe because of the children and pedestrians walking in the area. • Blocking off alley limits access by Xcel, cable, trash, other utiliries or any emergency vehicles for current and future residents. Also, this stops access for residents who walk through our alley to cross the railroad tracks. (This has always been used as resident's walking access to our neighborhood churches) • The time and money that has been spent for this issue could have been avoided and not wasted if the Peririoner had followed the city dog ordinance laws as the other residents do. There is no reason for this request to vacate other than the Petirioner believing he does not have to follow the St. Paul city dog ordinance. We feel this request is unfair to other resident dog owners and is unjustified. This request should not be allowed. We as residents view this request for the city to VACATE and deny our access to a public alley as the Peritioner's artempt to disiegard St. Paul's Ciry dog ordinances. The Petitioner refuses to follow rules, regulafions andfor ordinances that are followed by all other residents. Five out of the seven homes affected by this request have dogs and all but the Pefitioner keep their dogs contained and follow the city dog ordinance laws. We feel that this request for VACATION should be denied and Pefitioner be asked to remove gates and fencing he as illegally installed. Appropriate fencing should be placed at the required distance from the public alley per city guidelines. Petitioner should also be required to follow city dog ordinances and be held accountable as do the all other dog owners in our neighborhood. �' �/� Interdepartmental Memorandum CITY OF SAINT PAUL To: All Council Members From: Jean Borgen Public Works Technical Services Rea1 Estate 1000 City Hall Annex Date: April 10, 2008 RE: Public Works Vacation File No.05-2008 (Vacate Alley east of Churchill) I recommend a public hearing before the City Council be held on Mav 1, 20�8 to consider the petition of Brian Launderville. This petition is to vacate part of an alley in the block bounded by Churchill and Greve Streets and Orchard Avenue. The purpose of this vacation is to privatize a portion of alley upon which two owners own property on both sides of said alley. There is no building proposed within the vacated azea. This property is located in City Council Ward 5, Plam�ing District 6. Alantis/pw/Techmcal Services/Real EstaterVacations2006/07-20 b��'l� NOTICE OF PUBLIC HEARING Notice is hereby given of the petition of Brian Launderville to vacate part of an alley in the block bounded by Churchill St., Greve St. and Orchazd Ave., as more fully described on file and of record in the office of the City Clerk of Saint Paul, Minnesota, and will be heard 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 7th` day of May, 2008, at 5:30 P.M. Dated: April 10, 2008 Shari Moore City Clerk (Apri115,2008)