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
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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
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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.
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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.
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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.
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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
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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�
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Activity Number. GL-255-12363-2833
CostlRevenue Budgeted:
December 26, 2007 11:55 AM Page 1
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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
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�(11/20/2007) Paul Dubruiel - CINU.doc Pa9e 2j
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(My Documenu/CMU Inq doc)
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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.
.
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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.
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Signed � � c— ��
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Date
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(FRI)DEC T 2009 13:32/ST.13:S1/NO.T5000004T6 P l
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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
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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.
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.
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.
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December 11, 2007
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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:
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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.
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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.
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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
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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��-
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Date
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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�
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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
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Date
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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.
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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� ��.� �
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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
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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)