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08-61GS 3047774 Return copy to: jmb Public Works Tech. Services 1000 City Hall Annez Council File # bg�LP� GreenSheet# 3047774 RESOLUTION � SAINT PAUL, MINNESOTA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Presented by BE IT RESOLVED that, upon the petirion of the Oppidan Inc., as documented in Public Works Technical Services, V acation File Number 12-2007, the public right-of-way hereinafter described, as follows and on attached map E�ibit A, is hezeby vacated and discontinued as public property: The alley in Block 1, Kiefer Park, according to the recorded plat thereof, Ramsey County, Minnesota, lying easterly of the Northern Pacific Railroad east right-of-way line and lyiug westerly of the southerly eatension of the east line of Lot 7, Biock 1, said Kiefer Park; and That part of East Rose Avenue lying easterly of the Northern Pacific Railroad east right-of-way line and lying westerly of the northerly extension of the east line of Lot 1, Block 2, Kiefer Park, according to the recorded plat thereof, Ramsey. County, Minnesota and that part of Lots 16 and 17, Block 1 said Kiefer Park and that part of Lots 12 and 13 said Block Z, lying between the north and south lines of East Rose Avenue and the arc of a circle having a 50 foot radius, the point of radii of said circle being on the center line of adjoining East Rose Avenue distant 65 feet East from the intersection of said center line with the extension north of the west line of Block 2; and The alley in Block 2, Kiefer Park, according to the recorded plat thereof, Ramsey County, Minnesota, lying easterly of the Northem Pacific Railroad east right-of-way line and lying westerly of the southerly extension of the east line of Lot 1, Block 2, said Kiefer Park; and from Vacation File Number 12-2007-B: That part of Prosperity Avenue lying over, under and across that part of Lots 27 and 28, Block 2, Kiefer Park, according to the recorded plat thereof, Ramsey County, Minnesota; and be it fiuther RESOLVED that, subject to the herein stated exceptions and with the accompanying Certificates of Intended Non-Use, filed voluntarily on behalf o£ Comcast, a Pennsylvania Corporation; District Energy/District Cooling St. Paul, a private, non-profit Minnesota corporation; Qwest, a Colorado corporatiou (only for 12-2007-B); made a part hereof by this reference and GS 3047774 ����� 39 4� 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 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 ufility easements in the azea to be vacated, described above. This vacation shall be subject to the terms and condition of Chapter 130, codified March l, 1981, of the Saint Paul Legislative Code as amended, and to the following conditions: 1. That the pefitioners, their successors and assigns shall pay $1200.00 as an admiuistrative fee for this vacarion which is due and payable within 60 days of the effecfive date of this resolution. 2. The petitioner, their successors and assigns shall dedicate a ten feet street easement along the south side of Maryland Avenue abutting their property for the widening of Maryland Avenue. 3. The petitioner, their successors and assigns shall be responsible for reconstructing the end of the vacated street and a11ey to eliminate the appearance of public right-of-way. This shall include, but not be limited to, reconstruction and/or construction of curb, gutter, sidewalk, boulevazd to the satisfaction of the Department of Public Works under a permit issued by the Public Works Sidewalk Section. 4. Provided a public drainage easement is retained over the segxnent of the northern a11ey proposed to be vacated, to accommodate westbound storm water runoff from the alley segment that will remain public. 5. Street lighting has two overhead lights on Rose Avenue which will need to be removed when the street is formally closed. 6. In addition, the standard Public Works requirements apply to existing storm and sanitary sewers as follows: That a permanent utility easement sha11 be retained on, over, under and across the vacated area on behalf of the City of Saint Paul, Deparhnent of Public Works to reserve the right of the City to maintain and operate any sewer in or upon said easement and to enter upon said easement ar any portion thereof at any time and from time to fime, for the purposes of future construction, reconstruction, inspection, maintenance, or repair of the same or, any part thereof. Said utility easement shall be subject to the following conditions: a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any other objects_which may prohibit normal access to utility facilities for maintenance purposes will be permitted within the easement azea. b. Improvements in or upon the above described easement that do not prohibit the City from exercising its reserved rights may be allowed by obtaining written pernussion from the Department of Public Works Sewer Division with the understanding that the restoration and costs of such improvements shall be the sole responsibility of the petitioner, its successors and assigns in the event the CiTy exercises its reserved easement rights. GS 3047774 ��� r 88 89 90 91 92 93 94 45 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 c. Should it be necessary that the petitioner's works or improvements be removed or damaged as a result of the Deparhnent of Public Works operations, all removal, replacement or modification costs shall be bome solely by the petitioner. � e. No change from the existing grade within the easement area shall be permitted without written pernussion &om the Deparkment of Public Works Sewer Division. No change in sur£acing withiu the easement area shall be pemutted without written permission from the Department of Public Warks Sewer Division. £ The petitioner, its successors and assigns shall fixlly indemnify, defend, and save harmless the City of Saint Paul, its officers, agents, employees, and servants from all suits, actions, or clauns which sha11 arise from any injuries or damages received or sustained by any break in any service pipe or connection in said xeserved easement arising out of or resulting from any action or negligence of the petitioner, its employees, agents, or business invitees. 7. That easements be retained on behalf of Qwest for their existing facilities. Any relocation of existing facilities to new easements shall be at the expense of the petitioner and to QwesYs spec3fications. 8. Easement rights in favor Northern States Power Company, a Minnesota corporation d/b/a Xcel Energy (electric) to be reserved as follows: a. Over, under and across that part of East Rose Avenue subject to this vacation action, lying easterly of the northerly extension of the east line of Lot 11, Block 2, Kiefer Park, according to the recorded plat thereof; and the west 10.00 feet of that part of said East Rose Avenue subject to this vacaflon action; AND b. Over, under and across that part of the alley subject to this vacation action, lying easterly of the northerly extension of the east line of Lot 18, Block, 1, Kiefer Park, according to the recorded plat thereof; AND c. That part of the alley lying easterly of the Northern Pacific Railroad east right- of-way line and lying westerly of the southerly extension of the east line of Lot 1, Block l, Kiefer Park, according the recorded plat thereof; AND d. The west 10.00 feet of the a11ey lying easterly of the Northern Pacific Railroad east right-of-way line and lying westerly of the southerly eactension of the east line of Lot 1, Block l, Kiefer Pazk, according to the recorded plat thereof; AND e. The west 10.00 feet of the a11ey lying easterly of the Northern Pacific Railroad east right-of-way line and lying westerly of the southerly extension of the east line of L,ot 1, Block 2, Kiefer Park, according to the recorded plat thereof; AND f. Over, under and across the triangular portion of right-of-way on the corner of Cona ess Street and ConcordlCesar Chauez Street subject to this vacation action. GS 3047774 1/o�Y'� 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 9. Easement rights in favor Northern States Power Company, a Minnesota corporation d/b/a Xcel Energy (gas} to be reserved as follows: Xcel Energy�ias Division retains easement rights for existing facilities in East Rose Avenue until the petitioner agrees to reimburse Xcel for all costs associated with removing and relocating said facilities_ Xcel Gas also has facilities and services in Prosperity Avenue at the corner of Geranium and Clarence that shall remain unril the petitioner reaches an agreement with Xcel to retain or relocate those e�sting facilities. 10. That a permanent utility easement shall be retained on, over, under and across the vacated area on behalf of the Boazd of Water Commissioners of the City of Saint Paul to reserve the right of the Board to maintain and operate any water facility in or upon said easement and to enter upon said easement, or any portion thereof, at any time and from time to time, for the purposes of fuhxre conshuction, reconstruction, inspection, maintenance or repair of the same, or any part thereof. Said utility easement shall be subject to the following requirements: a. No buildings, structures, trees or any temporary structure, material storage, fixture or any other objects which may prohibit norxnal access to water facilities far maintenance purposes will be pernutted with the easement area. b. Improvements in or upon the above described easement that do not prohibit the Board from exercising its reserved rights may be allowed by obtaining written permission from Saint Paul Regional Water Services with the understanding that the restoration and costs of such improvements shall be the sole responsibility of the petitioner, its successors and assigns in the event the Boazd exercises its reserved easement rights. c. Should it be necessary that the petitioner's warks or improvements be removed or damaged as a result of Saint Paul Regional Water Services operafions, all removal, replacement or modificafion costs shall be borne solely by the petitioner. d. No change from the existing grade within the easement area shall be permitted without written permission from Saint Paul Regional Water Services. e. No change in surfacing within the easement area shall be pernutted without written permission from Saint Paul Regional Water Services. f. The petitioner, its successors and assigns shall fully indemnify, defend, and saue harmless the Board of Water Commissioners of the City of Saint Paul, its officers, agents, employees, and servants from all suits, actions or claims which sha11 arise from any injuries ar damages received or sustained by any break in any service pipe, water main, or connection in said reserved easement, arising out of or resulting from any action or negligence of the pefitioner, its employees, agents or, business invitees. 10. T'hat the petitioner, their successors and assigns agree to indexnnify, defend and save harmless the City of Saint Paul, its o�cers and employees from all suits, actions or claims of any character brought as a result of injuries or damages received ar sustained by any person, persons or property on account of this vacation, or the petitioners' use of this , property, including but not limited to, a claim brought because of any act of omission, neglect, or misconduct of said petitioners or because of any claims or liability arising from GS 3047774 aS-�I 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 2a8 209 210 211 212 213 214 215 216 217 any violation of any law or regulation made in accordance with the law, whether by the petitioners or any of their agents or employees. 11. That the petitioners, their successors and assigns shall, withiu 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 condifions of this resolution, comply in all respects with these tetms and conditions. Requested by Deparhnent of: 218 Bostrom Carter Thune � ✓ ✓ Adopted by Council: Date � Adoption Certified by Council Secretary BY� / i d/dt/!S v� Approv by Ma . Date ` By: Form A ove b} Mayor fo bt�sio Council By: �` `n � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � ��'�f'� DepartrnenVOffice%ouncil: Date Inkiated: Pw �li�W� Z���� Green Sheet NO: 3047774 Confact Person 8 Phone: Jean Borgen 266-BS66 Must Be on Council Agend 1frJAN-OS Doe. Type: RESOLUTION E-0ocument Required: N Document Contad: Contaet Phone: Total # df Signature Page , by � Assign Number For Routing Order Loeations for Signature) U �aLtic Works ! � I blic Works De ert Directot 2 ' Attom Chad Staal 3 a or'sOffice Ma odASSisfant 4 ouncil 5 Clerk Ci Clerk PUBLIC HEARING. Approve the petition of Oppidan, Inc. to vacate portions of streets and atleys in the Maryland Ave. & Clazence St. block to facilitate site plan consolidafion for redevelopment of proposed Cttb store. dations: Approve (A) or F Planning Commission CIB Committee Civil Service Commission 1. Has this perso��m ever worked under a corttrac[ for this depaAment? Yes No 2. Has this personffirm ever been a city employee? Yes No 3. Does tliis person/firm possess a skill not nortnally possessed by any curzent city employee? Yes No Explain aIl yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Developer must assemble site plan in order to redevelop according to plan. AdvanWgeslfApproved: Development proceeds per plan. Uisadvantages If Approved: None foreseen. Disadvantages N Not Approved: Development will not proceed on tlus site. .� Trensaetion: $1.200.00 Funding Source: Finaneiai lnformation: Fee for vaca[ions (Explain) � � �� e1�i"i (' :; ei<x1� �� 1 � Activity Number. GL-255-12363-2833 CostlRevenue Budgeted: December 26, 2007 11:55 AM Page 1 I ' � i I i � I I L ,�� ��2 �� 4; 3f? e a €� 'e � �F� w �� e c �Fi� fi a� � �u'6s q �� a� c � 4 � � � x e A � �� \ � � \ � \ \� b � � ��� \ � _ — _'_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ' � �BYJ�G GJINJ9p 1 8 � � � I � � � � � i _'_'~ 1 — — -,�— r _ _ _ _ — _ _ , r _ _ — — — _ — I ._ I I y I I I �-----� �------ i •, i � :; �-------� �------- I I I i " i i � �-----� F- i , i i I I I ` �-----� �------ i � : i i x �------=� �------- I I L>� I " ..._.e� i i `; _� __�___ i .. � �� �; L--- ------ � � o I b 1 �� �__—____ —a— --- � � a �" .; �rc --_—_-- �------- �� � - � . 0 E ----- � ------ i <_ _ j ------- "� ------- :e� I " t= �------- �.: ------ � i an r ------ i -- - •- ,,• _ ..r, i ------ ...d....,o..r-- i � �:� ,�„ x_;,.� � — _ — e — — 2 � ------ P O �. — —�y' — � _ � ----- � � ------ ?� �; <.::;.a ------ x<�. i h �x�I" �: ----- - --T---- .........J p8'l?/ E d a 4 � i r_ — �.a 4" i a � � e �� � x w C� � ! ki a4 �____� � �`:'�:zv�Ga r?.°�-- l l � � \aq �� �, \ � ---- �"'�3� y. --___��_� F i I " i I --- --- - i � i -------� a L --------i � I I � I ° �s " I I — ----� r �, � i -------- �- �. i i i ------_J I � I I � ., � � � -------� i r . i i i i i i _�----� i i ._ i i i -------� � �' I I � ' i I � -------� i r i i i .. i i ---y---� i i _---_--1_L—L ,.,,,-.., , ,,,� ., -,.,.�: ,^.�,�, �_�,. • 9 t � 1� II 1 �il i �� �� � �� L � �g'L�( CERTIFICATE OF INTENDED NON-USE THE HONORABLE MAYOR AND MEMBERS OF TI� COUNCIL OF TE� CITY OF SAINT PAUL In the Matter of: Vacation File # 12-2007 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: Rose Avenue between Clarence Street and RR R/N? alley in block 2, Kiefer-ParkAddition; part of alley in block 1, Kiefer-ParkAddition west of the westerly Zine of lots 6 and 23. ezcept as here noted: c�;E�,��, ��� �,� ��'!ryJ LBEC Its: D �lS�/�cc-c�i0�i QrtGt� STATE OF MiNNBSOTA COUNPY OF The � insWment was aclaiowledged before me this _��_ day oF �R (,�h"?�,Y� , 2�Z of under the laws of the State of Minnesota. . NotaryPubliQ �L � Mycolmnissionerzpires C�QI/�i.lrl�� �V�1� RETURl� SIGNED/NOTARIZED COPY TO 1000 CTTY HALL ANNEX, 25 W. 4 St., ST, ST. PAUL MN 55102 b�-(�/ CERTIFICATE OF INTENDED NON-USE TI� HONORABLE MAYOR AND MEMBERS OF TI� COLTNCIL OF TI� In the Matter of: CITY OF SAINT PAUL Vacation File # 12-2007 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: Rose Avenue between Clarence Street and RR R/W,� alley in block 2, Kiefer-ParkAddition, part of alley in block 1, Kiefer-Park Addition west of the westerly lane of lots 6 ttnd 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 A�D H��E NO OBJECTION TO THE VACA STATE OF MINNESOTA � CO TY OF Its: �/�.�� �{- ll '(�ZSi��t The foregoing instrUment was aclmowled�ed before me this ��O� day of � O V��n � . 20 0 7 sv_ IZ r.� �. R��a--�-ar � res i�� of ��S Jr .S'E-•Ba..-�.. � . . � under the laws of the State of Mmnesota. . NotaryPublic �..t��a-..n � 4�-�c+..7O'S�Q- My commission espires L-1 a�..+..,a.s._ 3� a O�[� RETURN SIGNED/NOTARIZED COPY TO 1000 CTTY I3ALL ANNEX, 25 W. 4'" St., ST, ST. PAUL NIN 55102 TRUQY L ShlERWDOD ;SOTKRY F�SBLIC-MSPUdESOTA M1,fY COFl�JISSpOM eXP�ftES .:AN. 31, 20 4 0 �.Ca.o G �rv tz -.zvo7- 3 D$'�/ CERTfFfCATE OF INTENDED NON-USE THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF SAINT PAUL In the Matter of: Vacation File # 12-2007 - B The undersigned hereby certifies, on behalf of the indicated deparhnent or company, that it does not intend to exercise its utility rights in the realty described below: Prosperity Avenue at the corner of Geranium and Clarence. except as here noted: STATE OF MINNESOTA C TY OF SN.�:� � C'�weS � ��rP. Its: Manager Design Engineer G�� Signature ,� The foregoing mstrumenPwas acknowtedged befae me th�s ��� day of ��� rn��✓� 2� �7 l��ss J�La2s�,� - n�����cc27es�G�J G�I����c2 or [�uJLS� L:L2�o2ter;��J a (�l_a2/�d�o L�,ePc,Ls�nd,J under the laws of the Siate of Mmnesota. . d� � Nolary Public ��—J G� ��' �''�`:�. LINDA A. JUELICH ' fthl3t, 42UfU � �g NOtery PubliC-MinneSOtB My commission expires 3 r.... + � My Commisswn Eryves Jan 31, 2010 RE Y TO 1000 CITY HAI,L ANNEX, 25 W. 4`" St., ST, ST. PAUL MN 55102 b8 °l.o/ ro: Jean Borgen F�om: Colleen Paavola Reply to Vacation Inquiry City of St. Paul City of St. Paul File # 7 2 -2��7 P�lic Works Technical Svcs Public Works Phone(! 266-8866 Pboneu 266-6104 FaY# ZE)E)-c48SS Fa�c# 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 & ALLEYffiGHT OF WAY ONLY.• Rose Avenue between Clarence Street and RR R/W,� alley in block 2, Kiefer-Park Addition; part of alley in block 1, Kiefer-Park Addition west of the westerly Zine of lots 6 and 23. 1) The petitioner shall dedicate a 10 foot street easement along the south side of Maryland Avenue abutting their property for the widening of Maryland Avenue. 2) The petitioner, their successors, & assigns shall be responsible for reconshucting the end of the vacated alley to eliminate the appearance of public right-of-way. This shall include, but not be limited to, reconstruction andlor construction of curb, gutter, sidewalk, boulevard to the satisfaction of the Department of Public Works; under a permit issued by the Public Works Sidewalk Section. 3) Provided a public drainage easement is retained over the segment of the northern alley proposed to be vacated, to accommodate westbound storm water runoff from the a11ey segment that will remain public. 4) Street lighting has two overhead lights on Rose which will need be removed when the street is formally closed. Notify John Moriarty, St. Paul Public Works Traffic Division, at 651-266-6211 when this will take place he will facilitate the removal of these lights. F-���"��---- �% ed !Z �3 0 Date ❑ � I�� � (11/20/2007) Jean Borgen - Re Proposed Vacation 12 2007 � ��� � �� � ���� � �� � � � �� � � � � �" � � ������ '�Page 1 { D8°L�l From: Tom Beach To: Borgen, Jean Date: 11/20/2007 12:19 PM Subject: Re: Proposed Vacation 12-2007 DSI has no objecGons to tfie proposed vacations. »> ]ean Borgen 11/20/2007 8:38 AM »> Attached is information related to the petition of Oppidan (for Cub Foods) to vacate the Citys interests and utility easements in: Part of the east/west alley north of Rose Ave between Clarence St & RR ROW, E. Rose Ave, and alley south of Rose Ave, a9ain between Clarence St. & RR Right-of-Way. i) Vacatlon request letter (VJOrd doc) Z) Reply form (2nd page of letter) � 2) Certificate of Intended Non-Use (3rd page of letter) � 4) Map & Description (pdffile) Please review and reply at your earliest corrvenience, but preferably no later than December 4, 2007 if at all possible. If you have questlons, or if you cannot open the attachmentr, please reply via email or call me at 651-2668866. 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 /,r�sd 6� �dG?-� '(11%27%2007)JeanBorgen-CINU12-2007�doc� ` � _ _.. ..-__., _ _. - ,--__.,.. .-. - . - - page2i cM m�,��r�c� �q.a��� 0$ ��i� To_ Jean Borgen Reply to Vacation Inquiry File # 12-2007 Ciry of St Paul Public Works Technical Svcs Phone s 266-8866 F�a 266-8855 From Phone # Fas $ W e 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: THIS FORMIS TO ['ACATE STREET & ALLEYRIGHT OF WAYONLY.• Rose Avenue between Clarence Street and RR R/W, a11ey in block 2, Kiefer-Park Addition; part of alley in block 1, Kiefer-ParkAdditeon west of the westerly line of lots 6 and 23. �s Signec. 11l27/07 Date '- I � � 0 � 8 �Cr� ro: Jean Borgen From: Reply to Vacation Inquiry Jody Martinez File # 12-2007 CityofSt.Paul parks Public Works Technical Svcs Phouek 266-8866 pb0ne#266-6424 F�tt 266-8855 F�" 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 & ALLEYRIGHT OF WAY ONLY.• Rose Avenue between Clarence Street and RR R/N;� alley in block 2, Kiefer-Park Addition; part ofalley in block 1, Kiefer-ParkAddition west of the westerly line of lots 6 and 23. Jody Martinez Signed 12/20/07 Date � � � G��`d0 �'� - zoo ?—B �(11/20/2007) Paul Dubruiel - CINU.doc Pa9e 2j `-- — -- -- — (My Documenu/CMU Inq doc) �g' �0! � To Jean Borgen Fmm Reply to Vacation Inquiry File # 12-2007 Ciry of St. Paul Public Works Technical Svcs Phone� 266-8866 Phone.`. e� s 266-8855 F� ^ 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: I THIS FORM IS TO YACATE STREET & ALLEYRIGHT OF WAY ONLY.• Rose Avenue behveen Clarence Street and RR RlN; alley in block 2, Kiefer-Park Addition; part of alley in block 1, Kiefer-ParkAddition west of the westerly line of Iots 6 and 23. . �� Sig� �C�C'/�G � V� /z�� � 7 Date � � � i 1 � F E I �.�ao fa_z�o�- 63 D8-lr/ Jean Borgen F `°S� G �P To: � Reply to Vacation Inquiry Flle # 12-2007 cityofst.raui 5 . s ,�D�,� Public Works Technical Svcs Phone# 2,((-g4(( phone� _��_ Fax # Z((-8855 Fax 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 FORMIS TO VACATE STREET & ALLEYRIGHT OF WAY ONLY: Rose Avenue between Clarence Street and RR R/W,• alley in block 2, Kiefer--Park Addition, part of alley in block 1, Kiefer-Park Addition west of the westerly line of lots 6 and 23. ���� C�� Signed � � c— �� n-a��� Date �� ■ � Q�/d0 ���oZU07- Q � � * (FRI)DEC T 2009 13:32/ST.13:S1/NO.T5000004T6 P l V��Y / To: Jean Borgen From: Reply to Vacation Inquiry File # 12-2007 City of St. Paul Public Works Technical Svcs pho�e� 266-8866 Phonex F� u 266-8855 F� ° " We have no objections to this vacation ��Je w�ll approve ttris vacation, subject to the following conditions: For the followiug reasons, we cannot approve this vacation: THIS FORM IS TO r'ACATE STREET & ALLEYRIGHT OF W,4Y ONLY.• Rose Avenue between Clarence Street and RR R/W,' alley in btock 2, Kiefer-Park Addition; part of alley in block 1, Kiefer-ParkAddirion west nf zhe we,sterly dine of Zots 6 and 23. Qw�ST �/�pW N �c .W(.� s � RNy � � � �i9S -��-t � 1 �-r, i� �e Q���"s �0 6 L' l/cc. GG-TE'� � Y jfi P C, T�- �� // �.yl C�N �K.�� /� i� l ��_ 4� /✓ , �'��i6 Ne��s�'a�-y f° /7�GO�oc+4Te v� e a �- �;� s � c r-; E„� cfr : l( � e c � ,� `�i L ° �j G° 9P� c1 A sY'v Y� i v Signed � -� `r'�e �= sc PP.�s lZ-� - � � Date Reply to Vacation Inquiry Fite # 12-2007 We have no objections ta this vacation DB��� Jean Borgen From: � To: /C�/ ,t�/�/'�1 U%S7" CiryofSt.Paul X(',��,,.,�,_��,�� �bli� wor� ' Phone ` Fae # 266-8866 Ptione 266-8855 F �"/, We will approve this vacation, subject to the following conditions: For the following reasons, we cannot approve this vacation: THIS FORM IS TO YACATE STREET & ALLEYRIGHT OF WAY ONLY.• Rose Avenue between Clarence Street and RR R/N;� alley in block 2, Kiefer-Park Addition; part of alley in block 1, Kiefer-ParkAddition west of the westerly line of lots 6 and 23. ■ ■. . Easement rights in favor of Northern States Power Company, a Minnesota corporation d/b/a Xcel Energy to be reserved as foflows: Over, under and across that part of East Rose Avenue subject to this vacation action, lying easter{y of the northerly extension of the east line of Lot 11, Block 2, KIEFER PARK, according to the recorded plat thereof; and the west 10.00 feet of that part of said East Rose Avenue subject to this vacation action; AND Over, under and across that part of the alley subject to this vacation action, lying easterly of the northerly extension of the east line of Lot 18, Block 1, KIEFER PARK, according to the recorded plat thereof; AND That part of the alley lying easterly of the Northern Pacific Railroad east right-of-way line and lying westerly of the southerly extension of the east line of Lot 1, Block 1, KIEFER PARK, according to the recorded plat thereof; AND The west 10.00 feet of the alley lying easterly of the Northern Pacific Railroad east right-of-way line and lying westeriy of the southerly extension of the east line of lot 1, Block 1, KIEFER PARK, according to the recorded plat thereof; AND The west 1Q.�0 feet of the aliey lying easterly of the Northern Pacific Railroad east right-of-way line and lying westerly of the southerly extension of the east line of Lot 1, Block 2, KIEFER PARK, according to the recorded piat thereof; Sketch of existing facilities attached hereto. PLEASE PROVIDE A COPY OF THE ADOPTED RESOLUTION WHEREIN THE ABOVE DESCRIBED RIGHTS ARE RESERVED. � r � December 11, 2007 Kathl �en A. lomqui�/ � v,avm�+a ---------------�--�,�--- 08-1�1 ----- l I I 1 4 4 II I 1 4 l 1 I 1 1 I I I i:: I I= II I I s I I I I I I I 1 I I I I II ! I I ! I I I I f�= I�= I�= I I P I I I � I% I; I� I� I� I= I I I I 1 I I I II f ! f I i I i i 1 I I I I I I II f I � f I. I I I I I I I I I I I I �. 4-' f�� i i I I I � i i i r ,� i ` � r„ __ _d-�_., .___ . __L—J--L_—L—J__J r ;L �� � � � � � � � 0 ;8 � � � � � � �0 k� I f 1 I I f f � i ;_ I :s I ., I :a � ._ � _., ! _, '7 I I I I I I I I I i I I f f I,_ ;� 1 I I I � � � __� � - - _ ,� - >x.�.,��'!_ ;- _ .: . i'� `I l T — � �� � � � { � y I I ! I I I 1 � k I I 1 f I 1 __ �`z �__ �_� �_, �_, I-- I @ ! I I I I I R i m Q f I I I 1 I I � I 1 I I I I I �LJ � I / �� z w ; �f `fi�'�,�` , `0. #�� - :a*�� r ��' :� ��� �j� � �� , # '� � �... ry 'e � '�f i ' �� �r ° t�` - { r. . ti �.,� � � ��. ' vyG;!�,�?3 � :'.v ��' "'�; f+M J` �%�� F I I - I I I I v I I I I I I I I �� � I 1 1 I 1 I I I I 1 I I I I I; �� 'I I I I I I `� I I I I I I I I I= `i I:< I;s I:� I:: f:� I � I e i: I 5 I= I � I� I z I: i� ^, I I I f I E, , I I 1 I I I I I r - f I I I I I" I I I I I I I ! I I I I I I I I I f Iry I I I I I i�� i�� F; G; C� � ��' � � � �� � � � �� � !� ��� t � � � � �� � � � � 0 � � � � � � � � � � � �0 � � I I � I I � I I I I I I 1 I:s I;s I;; I I:e I so 1-; I== I-'= I=- I�= I I I I i I I 1 I I I I I I I I I I I 1 I I I f I � I I f I I I I I I I I �J--1__L_J—_1__L_.+_J--1—_L_J� I ------ -------------i Geranium Averwe�. I � r — i --- r -- r -- i -- 7 -- r -- � --- � --- r -- r -- �— T � � I 2s � I � � I -- f I �� - rr -- i1 / � OQ'� � 0 b�'lo/ Reply to Vacation Inquiry :� ,�s,-�<<: ..--� --.,�;� File # 1=�=;2007"=:B ro: Jean Borgen City of St Paul Public Works Technical Svcs Phone'� 266-8866 F�� 266-8855 From: '1� VJe have no objections to this vacation VJe will approve this vacation, subject to the following conditions: For the following reasons, we cannot approve this vacation: THIS FORMIS TO YACATE STREET ffiGHT OF WAY ONLY: Prosperity Avenue at the corner of Geranium & Clarence. ■ � ■ Easement rights in favor of Northern States Power Company, a Minnesota corporation d/b/a Xcel Energy to be reserved as follows: Over, under and across the triangular portion of right-of-way on the corner of Congress Street and Concord/Cesar Chavez Street subject to this vacation action Sketch of existing facilities attached hereto. !II�i�!���' ,_ /�'��� 7 Date I emo> wey„a o.=a�,a s..ns a� -- --�--�,� - - p��l�/ -- I I I I I I II I 1 I I i I I I I I I I:: f I= II I I � I 1 I I I I I 1 I I I I II ! i I I I I I I �'� I 1S I K � � �'^• � �� '� � ' � 9 � ° � ' � - � ` � ' � � � � � � � � � � �� � � � � � � � � � � � � �� � � L � �. � � � � I I I I I I II V. f-' I:� I i I I I � {. i 1 i J � !1 � ...I __L_J__1__L—J�—J >� � � � � � � � � � =� � � � � � � �0 C � L= I I I I I I I „_ �_ I :3 I :> I �; I :� I :� I �� � :. � 7 I i I I I I �[ � � � � � � � ' I I -_��: I I f I ��7� . �2-2bo7 �:� �� = �` � �� � . :am ��i �� _ . . .. ,.�.�..—� � � � � � � � � � � � � � � � k I I I I I I __ ���� �_� ��� �_, �_, �_. � I I I I I I I `� � � � � j � � I I I I I I I j ' ry " ��`� ....1:« . ';�'�..'�.�;�J _. -.k, °.e;�=✓" ,,.�- �.';,-" -; r � I I x � I I I I V I I I �� € I 1 I I I I I I � I �; �� i I I I ! I `� I I I I �) �,. � 3 � :2 � :• � :0 � = � ° � : � 5 � 5 �� i i i i i E,, i i i i ;= i i i i i i� i i i i i i i i i i i i i i� �-� ��5� �- -� � ,` �r _ , _ ._,.. �_,.� _ , _ !� �. � , .��, � u; ��; F; �-C C� ,,• xr��� m � N m 0 m m u / i I I f — ---------� Geranium Avetwe j --J � i / r — i -- 7 -- �r -- i --- r -- r -- � — z -- r -- � -- i -- n - -i1 — � I I I . � S i i i I I� I€ , I L r' i i I I I I 1` I i i I O I I I I I I I I I I I I I 10 I I I f I I I I I I I I I I I I I I I '� �:s I,_ I.; I:a I._ I_„ �_. �__ ��s �_. �_,- �_. �_; �,�-» � I �.� I ., I . a I ,� I ,. ,., I I „ I , J ,F I' - I I I 1 I I I 1 I I I I I I I I I I I I I I I I I =�� - �.J--1__L_J—_1__L_+_J—_L__L_-1_ L.,...�__c.���., � � /Z�Zob7 _ ...e.z.,.t ��'� � ��.,. ...�.. �� I�� t � p8��1 ro: Jean Borgen Reply to Vacation lnquiry Fite # 92-2007 We have no objectians to this vacation a��t�� From: James Zakerski City of St Paul Northem States Power d/b. Pub2ic Works Technical Svcs Xcef Energy-Gas Division Phoneli 266-8866 Phoac#65t-224-2389 Fax# 2,$(-$$$$ Fac#651-229-2376 We will approve this vacation, subject to the following oonditions: For the following reasons, we cannot appmve this vacation: THIS FORMIS TO VACRTESTREET & ALLEYRIGHT' OF WAYONLY: Rose Avenue bettveen Clarence Sh•eet and RR R/W,• atley in block 2, Kiefer-Pm•k .4ddition; part of alley in bdock 1, Kiefer-ParkAddition tia�est of the westerly Iine of lots 6 and 23. Xcel Energy-Gas Division has a 2" plasfic 60 psig gas main located on East Rose Avenue in the proposed vacation area. Xcel Gas will approve the vacafion request, but wiIl not release our easement rights unless tfle pefifloner agrees to reimburse Xcel for aIl costs associated with removing our facilities. signe !3 6� Date I■ . i. James Zakerski Gas Engineer Northern States Power d(bfa Xcel Energp-Gas Division ag �Cel To: Jean Borgen From Colleen Paavola Replyto Vacation Inquiry CityofSt.Paul c�r File # 12 -2��7 - B �blic Works Technical Svcs Public Works Phane# 266-8866 Pho�eu 266-6104 F�n 266-8855 F�# We have no objections to this vacation We will approve this vacation, subject to the follnwing conditions: For the following reasons, we cannot approve this vacation: THIS FORMIS TO VACATE STREET RIGHT OF WAY ONLY: Prosperity Avenue at the corner of Geranium & Clarence. Existing storm and Sanitary Sewer easements remain in place. .� �2��- S ed >2 / o Date ■ � .�I a$-�/ To: Jean Borgen F�o�: James Zakerski Rep[y #o Vaca#ion Inquiry Fi le # 12 =`2�07 =' B City of St. Paul Northem Shates Po�ver d1t�(a -' Pubfic !�'orks Technical Svcs Xcel Eaergy-Gas D'evision Phone� 266-8866 P6one� 651-229-2389 Fax# 266-8855 Fa<A 651-229-2376 We have no objections fo fhss vacation We will appiove this vacation, subject Yo the following conditions: For the foliowing reasons, we cannot approve tIus vacation: THIS FORMIS TO YACATE SY'REETRIGHT OF WAY ONLY.• Prosperity Avenue at the co1•ner of Geranium & Cla�•ence. Xcel Enexgy-Gas Division has a 4" piastic b0 psig gas main that runs thxough the proposed vacafion area. Also fhere exist two services, one to 1 I51 Prosperity and one to 1155 Prosperity. If these facilifies are to ie�nain we will not release our easements to serve the customers. Xcei Gas will approve the vacaflon request, but wilt not release our easemenY rights uniess the peritioner agrees to reimburse Xcel for aIl costs associated with relocating aur facilifies to a new location. Si d 3ames Zakersld Gas Engineer Northern StaYes Power d!b/a Xcel Energy-Gas Division i s o� Da� ❑ � � b8'C�1 To: Jean Borgen From Reply to Vacation Inquiry File # 12-2007 City of St. Paul Public Works Technical Svcs Ptionett 266-8866 �oneu F�n 266-8855 F�� We have no objections to this vacation We will approve this vacation, subject to the following conditions: For the faliow-ing reas�ns, we cannut approve this vacation: The standard Board of Water Commissioners easement, whose ccnditions are described in the attached February 8, 2002 Standard Easement Provisions, shall be retained over all portions of vacated East Rose Avenue. T'HIS FORM dS TO VACATE STREET & ALLEY RIGHT OF WAY ONLY: Rose Avenue be�ween �'larence Street and RR IUW,• alley in block 2, Kiefer-Park Addition; part of'alley in block 1, Kiefer-Park Addition west of the westerly line of lots 6 and 23. Sg /t o Date ■ / �8 -!�� Standard Easement Provisions Board of Water Commissioners Revision date: February 8, 2002 That a permanent utility easement shall be retained on, over, under and across the vacated area on behalf of the Boazd of Water Commissioners of the City of Saint Paul to reserve the right of the Board to maintain and operate any water facility in or upon said easement and to enter upon said easement, or any portion thereof, at any rime and from time to time, for the purposes of future . construction, reconstruetion, inspection, maintenance or repair of the same, or any part thereof. Said utility easement shall be subject to the following requirements: a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any other objects which may prohibit normai access to water facilities for maintenance purposes will be pernutted within the easement azea. b. Improvements in or upon the above described easement that do nof prohibit the Board from exercising its reserved rights may be allowed by obtaining written pernussion from Saint Paul Regional Water Services with tkie understanding that the restoration and costs of such improvements shall be the sole responsibility of the petitioner, its successors and assigns in the event the Board exercises its reserved easement rights. c. Should it be necessary that the petitioner's works or improvements be removed or damaged as a result of Saint Paul Regional Water Services operations, ail removal, replacement or modificauon costs shall be borne solely by the petitioner. d. No change from the existing grade within the easement area shall be permitted without written pernussion from Saint Paul Regional Water Services. e. No change in surfacing within the easement area shall be permitted without written permission from Saint Paul Regional Water Services. f. The petitioner, its successors and assigns shail fully indemnify, defend, and save harmless the Board of Water Commissioners of the City of Saint Paul, its officers, agents, employees, and servants from all suits, actions or claims which shall arise from any injuries or damages received or sustained by any break in any service pipe, water main, or connection in said reserved easement, arising out of or resulting from any acrion or negligence of the petitioner, its employees, agents or, business invitees. V:\ENGINEERING\AGREEMENTS UNIT\VACATION PETITIONS\STANDARD RESPONSES\FASEMENT PROVISIONS 02-08-02.DOC D8-l�l ro: Jean Borgen From: Reply to Vacation Inquiry File # 12 -2�07 - B City of St. Pau] Public Works Technical Svcs rt�o�e n 266-8866 �'o°e � F�u 266-8855 F�� 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: TffiS FORM IS TO VACATE STREET RIGHT OF WAY ONLY: Prosperity Avenue at the corner of Geranium & Clarence. ■ '� � ■ The standard Board of Water Commissioners easement, whose conditions are described in the attached February 8, 2002 Standard Easement Provisions, shall be retained over all portions of the vacated area. Signed /2 � Date �C �m MCI Network Services, Inc. 12/24/2007 CITY OF SAINT PAUL Jean Borgen 25 W. Fourth Street Saint Paul, NIlV 55102 b$'�� OSP National Suppon / Investigffiions Dept 42864 Loc ] 07 2400 North Glenville Richazdsoq TX 75Q82 RE: FILE 12-2007 — EASEMENT VACATION REQUEST — E. ROSE AVENUE (ALLEYS) BETWEEN N. CLARENCE ST. AND RAILROAD RO.W. — St. Paul, Ramsey, Minnesota MCI ID: 7282-2007 Dear Sir or Madam: MCI has been notified by your office regarding the above referenced project. For your records, in reviewing the azea in question, it has been determined that MCI does not have facilities within your project area. You should address conespondence concerning any fixture projects to the attenrion of OSP National Support/Investigations at the above address. If you need further assistance with this project, please do not hesitaYe to call. Sincerely, John Bachelder OSP National Support / Investigations (972)729-6016 �2s2-2oo� ��.� � ��,a /,2�.? a�-�/ ���1��� Bui(der of torms Creator of value. 5125 COUNTY ROAD 101 •#100 • MtNNETONKA, MN 55345 • PxoxE: 952/294-0353 - Fnx: 952/294-0151 • Wea: �w✓w.oppidan.com November 6, 2007 City Clerk - City of St. Paul Room 390 City Hall 25 West Fourth Street St. Paul, MN 55102-1665 RE: Roadway Vacarion Cub Foods — Phalen Deaz Madam: �ECErV�p NOV 0 9 20�7 CITY Ct�t3;{ Attached is a copy of Petition to Vacate the current Rose Drive Right of Way in the azea to be developed for the Cub Foods retail center in the Phalen area of St. Paul. The vacation will be west of Rose Drive and the alley just south of Rose Drive (as depicted) from Clarence Street to the terntination of the Rose Drive and alley R-O-W's, 546 feet to the west, ending at the Ramsey County Rail Authority Land. The surrounding properties to the ROW are currently owned by the St. Paul HRA and two private parties. Oppidan, Inc. and the HRA are finalizing a�eements for control of the I�2A land and Oppidan has a Purchase Agreement for the two private lots affected. The City has provided a letter with regard to the HRA land. Please feel free to contact me with any questions. Sincerely, ,��� Paul J ucci �8 - L�l PETETION FOR ROADWAY VACA'I'ION Petitioner does hereby petition the City Council of the city of Saint Paul to vacate its interest in the proper[y described below and depicted on the attached plan; 1. 7he Rose Avenue Right-of-Way, consisting of 66 feet of width (north/south) and runs the length of 546 feet (east/west) from the west side of Clarence Street to the east property line of the Ramsey County Rail Authority land. This area is depicted on the attached plans. 2. The alley just south of the Rose Drive ROW, consisting of 20 feet of width(north/south) and runs the length of 546 feet (east/west) from the west side of Clarence Street to the east property line of the Ramsey County Rail Authority Iand. The area is depicted on the attached plans. The petition is requested in order to vacate this R-O-W to allow for The development of Cub Foods and additional retail, in the Phafen area. There will 6e grading work across the entire site a�d a building will he placed on the west side of the area. Parking and drive-lanes for the center will be placed over the remaining portion of the area vacated. � Oppidan, Inc. is the petitioner, in conjunction with the City of St. Paul Housing and Redevelopment AuYhority for the vacation. Oppidan wiil be the responsible party for submittal fees and final vacation fees. Oppidan has a Purchase Agreement interest in the two private properties on the south side of the alley to be vacated. Oppidan is the sole signatory of this Petition given its Purchase Agreemenf interest in the land surrounding the areas to be vacated. The contact person for this petition shall be: Paut Tucci Oppidan, Inc. 5125 County Road 101, Suite 100 Minnetonka, MN 55345 Phone(952)294-1243 Fax(952)294-0151 I, Paul J. Tucci of Oppidan, Inc. am the Petitioner in the above matter; and I do hereby swear and verify that the signature on this petition is my signature. G � i-- Paul J. Tu ', P Oppidan, Inc. ��/G�%�`���JG Notary MyCommissionExpires % .� ��:N D. SCALZO rsornRV cueuc-a�inu��rq � n!y comn�sston Eiy;.es Jart. 91, � pg��! Type 5125 CouHrv RonD 101 •#100 • M�raaEioxccn, MN 55345 • PxoNe: 952/294-0353 • Eix: 952/294-0151 • Wea: www.oppidan.com November 6, 2007 To whom it may ooncern: Oppidan, Inc. does hereby certify that a seazch of the Ramsey County, Minnesota tax records disclose that as of November 6, 2007, the owners of the properties abutting the public right-of-ways described are as follow: Property ID # 27-29-22-22-0022 27-29-22-22-0023 27-29-22-22-0026 27-29-22-22-0037 27-29-22-22-0038 27-29-22-22-0039 27-29-22-22-0040 27-29-22-22-0052 27-29-22-22-0034 27-29-22-22-0035 Tomens Torrens Toaens Torrens Torrens Torrens Torrens Torrens ��� � &rdderoftowas. Creatorofvalue. .i -.� S-�� �.' � i T-� ' 1i St. Paul HRA St. Paul FII2A St. Paul fIIZA St. Paul HRA St. Paul HRA St. Paul HRA St. Paul IIItA St. Paul HRA Torrens Barry J Star 1151 Prosperity Ave St. Paul, MN Torrens Chazles York 1255 Prosperity Ave St Paul, MN Contract Putchase Oppidan Oppidan Oppidan Oppidan Oppidan Oppidan Oppidan Oppidan Oppidan Oppidan The report represents the information available regarding the ownership of the above described properties. It is not intended; nor shall it be construed as a guazantee of tifle. Oppidan Inc. assumes no liability for errors or omissions. Sincerel Yi% i"�� Paul , ucci ��L�� CITY OF SAINT PAUL Chnstopher 8. Coleman, Mayor November 9, 2007 Mr. Bruce Engelbrekt Department of Public Works 25 West 4' Street, #1000 Saint Paul, MN 55102 Dear Mr. Engelbrekt: HOUSING AND REDEVELOPMENT AUTHORITY � Cedle Bedot, Erecu6ve Director ,,,,,,�,,,, 25WestFouRhStreet Telephone:651-266-6655 Saint Paul, MN 55702 Facsimile: 651-2283261 The purpose of this letter is to indicate that Oppidan is working with the City and the North East Neighborhoods Development Corporation to develop a market on HRA-owned property in Phalen Village. One element of the deveiopment is the vacation of Rose west of Clarence. The deveioper desires to file the vacation request prior to the HRA's approval of the temporary developer agreement so that its schedule of approvals can proceed in an orderly fashion. It is anticipated that the temporary development agreement will come to the HRA board on November 28, 2007. On behalf of the }iRA board, I am requesting that the Department of Public Works accept the vacation request and proceed with its investigation, contingent on the HRA action on the temporary development agreement. Very�truly yo rs, C �, Cecil edo Executive Director C: Dave Gontarek Sheri Pemberton Chuck Repke Penelope Simison Tom Sanchez AA-ADA-EEO EMPLOYER 6�'�� Interdepartmental Memorandum CITY OF SAINT PAUL To: All Council Members From: Jean Borgen Public Works Technical Services Real Estate 1000 City Hall Annex Date: December 26 RE: Public Works Vacation File No.12-2007 (Vacate Alleys & Streets) I recommend a public hearing before the City Council be held on Januarv 16, 2008 to consider the petition of Oppidan, Inc. This petition is to vacate rights-of-way in the Maryland Ave., Clarence Street, Rose Ave. The purpose of this vacation is to consolidate properry for redevelopment. There is building proposed within the vacated azeas. This property is located in City Council Wazd 6, Planning District 2. Ala�tis/pw/Technical Services/Real EstateNacations/2006/07-20 ���t NOTICE OF PUBLIC HEARING Notice is hereby given of the petition of Oppidan, Inc. to vacate an portions of twoalleys, Rose Avenue Fast and a small portion of Prosperity Avenue in order to consolidate properiy for redevelopment in Kiefer-Pazk Addition, 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 16` day of January, 2008, at 5:30 P.M. Dated: December 24, 2006 Shari Moore City Clerk (December 24, 2007)