08-843GS # 3056890
Return copy to: '�mb _ _
Public Works Tech. Services
1000 City Hall Annex
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co�n��� Fae # Dg -8�3
Green Sheet # 3056890
Presented by ���
RESOLUTION
OF SAINT PAUL, MINNESOTA
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BE IT RESOLVED that, upon the petition of Oppidan, Ina (for Cub Foods) as documented in
Public Warks Technical Services, Vacation File Number 02-2008, the public right-of-way
hereinafter described, as follows and as depicted on attached map Exhibit A, is hereby vacated
and discontinued as public properiy, and subject to herein stated objections, the easements within
said public right-of-way are hereby released:
That part of East Geranium Avenue that lies easterly of the southerly
extension of the west line of Lot 22, Block 2, Kiefer Park Addifion, tLe same
being the northerly extension of the easterly line of Lot 8, Block 3, Kiefer
Park Addition, and westerly of a line drawn from the northeast corner of
Lot 1, Block 3, to the southeast corner of Lot 28, Block 2, said plat of Kiefer
Park Addition.
This vacation shall be subject to the terms and condition of Chapter 130, codified Mazch 1, 1981,
of the Saint Paul Legislative Code as amended, and to the following conditions:
L That the petitioners, their successors and assigns sha11 pay $120Q.Q0 as an administrative
fee for this vacation which is due and payable within 60 days of the effective date of this
resolution.
2. That the petitioners, their successors and assigns, meet the following requirements of the
City of Saint Paul to the satisfaction of the City's Department of Public Warks:
a. That the affected parties shall enter into an access and maintenance easement
agreement, substantially as attached in Exhibit B, for the use and maintenance
of vacated Geranium Avenue;
b. That City of Saint Paul Traffic Engineering shall restrict the access to and from
the driveway at vacated Geranium Avenue and Clarence Street if future traffic
conditions warrant;
a That the petitioners, their successors and assigns shail coordinate their
development construction and the reconstruction of the intersection of vacated
Geranium Avenue at Clazence Street with the City of Saint Paul's street
widening project on Clarence Street;
d. Access, wide enough for Saint Paul Fire Department medic and fire vehicles,
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or similar vehicle impediments.
3. Also on behalf of the Department of Public Works, an easement shall be retained for
existing sewer mains and utilities:
a. That a permanent utility easement shall be retained on, over, under and across the
vacated area on behalf of the City of Saint Paul, Department 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 or any poftion thereof at any time and from
time to time, 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:
b. No buildings, structures, txees or any tempoxary structure, material starage, fixture, or
any other objects which may prohibit normal access to utility facilities for
maintenance purposes will be permitted within the easement area.
c. 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 permission
from the Deparhnent 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.
d. Should it be necessary that the petitioner's warks or improvements be removed or
damaged as a result of the Department of Public Works operations, al1 removal,
replacement or modification costs shall be borne solely by the petitioner.
e.
f.
No change from the existing gxade within the easement area shall be permitted
without written permission from the Departrnent of Public Works Sewer Division.
No change in surfacing witlun the easement area shall be permitted without written
permission from the Department of Public Works Sewer Division.
g. The pefitionet, its successors and assigns shall fully indemnify, defend, and save
harmless the City of Saint Paul, its o�cers, agents, employees, and servants from all
suits, actions, ar claims which sha11 arise from any injuries or damages received or
sustained by any break in any service pipe or connection in said reserved easement
arising out of or resulting from any action or negligence of the petitioner, its
employees, agents, or business invitees.
4. That an easement sha11 be retained on behalf of Comcast, a Pennsylvania Corporation, for
existing facilities. The petitioner or its successor shall provide new easements if required,
and the petitioner or its successor shall assume all costs of relocating facilities to the new
easements.
S. That an easement sha11 be retained on behalf of Northern States Power Company d/b/a
Xcel Energy - Gas Division for existing facilities. The petitioner or its successor shall
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88 -_ _____ prouide ne�v easenrents if requiied, and the pefitioner or its successor sha
" $9 coste ofrelncatinu�aciliEi�T��„�,�—�rr�,N PacPmPnt�
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6_ That a pemaanent utility easement shall be retained on, over, under and aeross the vacated area
on behalf of the Boazd of Water Comxnissioners of the City of Saint Pau1 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
future construction, 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 normal access to water facillties for maintenance purposes
will be permitted within 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 Board exercises its reserved easement rigkts.
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, all removal, replacement or
modification costs shall be borne solely by the petitioner.
d. No changed from the exisfing 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 azea shall be permitted without written
permission from Saint Paul Regional Water Services.
f. The petitioner, its successors and assigns shall fully indemnify, defend, and save harmless
the Board of Water Comsnissioners of the City of 5aint Paul, its o�cers, 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 action or
nagligence of the petifioner, its employees, agents or business invitees.
7. That the petitioners, their successors and assigns shall, within 60 days of the effective date
of this resolution, file with Public Works, City Rea1 Bstate, an acceptance in writing of the
conditions of this resolution and shall, within the period specified in the terms and
conditions of this resolution, comply in all respects with these terms and conditions.
8. That the petitioner, their successors and assigns agree to indesnnify, defend and save
hainiless the City of Saint Paul, its officers and employees from a11 suits, actions or claims
of any character brought as a result of injuries or damages received or sustained by any
person, persons or property on account of this vacation, or the petitioners' use of this
property, including but not lunited to, a claim brought because of any act of omission,
neglect, ar misconduct of said petitioners or because of any claims or liability arising from
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_ 13.fi-- _ ax�yvio�aiion of �ty }aw orregitiation made in accordance with the law whe Q `
` 137 p etitioners or anv ofthe,'r ��� .
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9. The Contractor shall contact John McNamaza, General Foreman, Lighting — Signal
Maintenance, (651-487-7209). If removal or relocation of existing facilities is required or
in the event of damage to the lighting or signal utilities, the Contractor shall assume
responsibility (and relocaring costs} for any damage or relocations.
Adoption Certified by Council Secretary
By: � Q .
Approv d ax : D��
BY� _ _ f
Requested by Department of:
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Form Appro � d b, C' ��� �o ey
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Form prov � ay f �f bm' n to Council
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� i : Date Initwted:
Pw -�bu�wo� ,����� Green Sheet NO: 3056890
Contact Person & Phone:
Jean Borgen
266-8866
06AUG08
Doc. Type: RESOLUTION
E-DxumentRequired: N
Document Contact:
Contaet Phoire:
Total # of Signature Pages�
y
Assign
Number
For
Routing
Order
LocaHons for Signature)
0 ubGc Works
1 ublic Works F}�� 2'L�BS/ � Departmeut Director
2 i Att¢[ae ChadShW
3 a or's OtSce Ma or/Assistaot
4 ouncil
5 ' Clerk Cti Clerk
PUSLIC HEARING. Approve the request to vacate Geranium Avenue west of Clazence Street as petikoned by Oppidan, Inc. for
Clib Foods.
�aaoons: npprove (a) or Ke�ece (K): Personai Servfce Gont2ct5 Must Mswer the Following Questions:
Planning Commission � 1. Has this person/Grtn ever worked under a contract for this depaAment?
CIB Committee Yes No
Civil Service Commission 2, Has fhis perso�rtn ever 6een a city employee?
Yes No
3. Dces this person/firm possess a skill not nortnally possessed by any
curtent city empbyee?
Yes No
Explain all yes answers on separate sheet antl attach to gree� sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Developer wishes to privatize street to the south of development for the benefit of development and neighbor to the sauth per attached
agreement (E�ibit B).
Advantages KApproved:
Development proceeds with site plan as reviewed.
��� `� �t ����
Disativantages IfApproved:
None foreseen.
Disadvantages If Not Approved:
Developer would be required to te-work slreet in another manner.
Transadion: $�.ZOQ.00
Funding Source:
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Activity Number. 255-12363-2833
Financiai IMormation: Administradve fee paid to Pub3ic W orks for vacation of sheet
(Expfain)
CosbRevenue Budgeted:
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ACCESS EASEMENT AGREEMENT
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THIS ACCESS EASEMENT AGREEMENT (this "AgreemenY') is made and entered into
this day of . 2008, by and between KTJ Limited Partnership One Hundred
Eighty-One, a Minnesota Innited partnership {"KTJ 181 ") and Realife Cooperative of West St Paul,
a Minnesota corporation ("Realife").
�clTar.s
WHEREAS, KTJ 181 is the fee owner of certain real properry ("KTJ Property") legally
described on E�ibit A attached hereto and made a part hereof; and
WIIEREAS, Realife is the fee owner of certain real properiy ("Realife Property") legally
described on E�chibit B attached hereto and made a part hereof; and
WHEREAS, the KTJ Property,and the Realife Property are contiguous and adjacent to one
another as depicted on the Site Plan ("Site Flan") attached hereto as Eachibit C and made a part
hereof; and
WFIEREAS, KTJ intends to consttuct a private ingress and egress roadway over and across
the KT3 Properly to provide ingress and egress to adjacent properiy aiso owned by KTJ 181 and
described as Cub Foods, Retail A, Retail B, Retail C, and the parking and access azeas, all as
depicted on the Site Plan; and
WHEREAS, KTJ 181 has agreed to grant an easement to Realife for ingtess, egress, and
access to and from the Realife Properry over, through, and across the KTJ Property; and
WHEREAS, KTJ 181 has agreed to grant an easement to the City of St. Paul for utiliry
installafion, maintenance, and repair over, through, under, and across the KTJ Property pursuant to
the terms and conditions of a Utility Easement Agreement ("Utility EasemenY� by and between KT7
181 and the City of St. Paul.
NOW, THEREFORE, in consideration of the mutual covenants and agreements and grant of
easements contained herein, including the foregoing recitals which are incorporated into this
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Agre�meat az�d �ade.a�a���rea#', and far other good and valuable consideratio '
_=- - snfficiencp of which is her� acUn��,t a Realife, for themselves and their
hereby covenant and agree as follows.
ARTICLE 1
Ingress and Egress Easement
i.l Cnant of Ingress and Egress Easement. KTJ 181 hereby grants a perpetual,
nonexclusive easement to Realife for vehicular and pedestrian ingress and egress purposes, over,
upon and across the KTJ Properry as described on E�ibit A and depicted on the Site Plan {the
"Easement Area"}.
12 Use of the Easement Area. The Easement Area shall be used solely for vehicular and
pedestrian ingress and egress purposes over, upon and across the Easement Area, for use by the City
of St. Paul for utiliry purposes pursuant to the UtIlity Easement, and not for any other purpose except
as may be agreed upon by KTJ 181 and Realife.
13 Construction of Imnrovements in the Easement Area. KTJ shall construct initial
improvements to the Easement Area consistent with the construction plan prepazed by Westwood
Professional Services described as Sheet No. 4 for Project No. 2006-1163.
1.4 Maintenance of the Easement Area. KTJ 181 shall maintain the Easement Area in
good condi6on and repair at its sole cost and expense consistent with standards for maintenance and
repair of similar roadways in the St. Paul, Minnesota Metropolitan Area.
1.5 No Change to the Easement Area. Except as specifically set forth herein, the
Easement Area shall not be modified or relocated without the approval of KTJ 1&1 and Realife.
Notwithstanding the above restriction on modification or relocation of the Easement Area, the free
flow of vehiculaz and pedestrian haf£c may be obshucted, but only to the extent necessary for
reasonable repair and maintenance and traffic regulation and control; provided that such obstruction
or interference sha11 only be allowed if prior nofice is given to other parties to tlus Agreement by the
party that intends to obshuct or interfere with such free flow of vehicular and pedestrian traffic and if
no unreasonable interference with the operation of any property benefited by the Easement Area is
created.
ARTICLE 2
General Provisions
2.1 General Provisions and Restrictions. The easement granted in this Agreement is a
perpetual easement that runs with the ownership of the KTJ Property and benefits the Realife
Property. The easement shall not create any rights in or for the benefit of the general public nor shall
it affect any properiy located outside ofthe KTJ Property. Neither party shall grant any easement for
the purposes set forth in this Secrion 2.1 for the benefit of any properly not within the KTJ Property.
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KTJ 181snag use anckimproue �e Easetuent Area iri any manner that does not m '
— - afieat tfie permitted use of the Easemea� �rea bq e or rts permitees authorized to use the
��aseme� easement granted in this Agreement shall be subject to the covenants and
restrictions set forth in this Agreement.
2.2 Standard of Construction. Any person or entity performing construction activities
within the KTJ Property shall do so in compliance with all applicable governmentai regularions and
this Agreement. Ail construction work shall be performed with reasonable diligence and by skilled
laborers in a professional and workmanlike manner. All construction materials used shall be new or
like new, and be of first class quality. Any person or entity perForming construction activities fiuther
agrees that its construction activities shall not:
(a} cause any unreasonable increase in the cost of constructing improvements upon
the KTJ Property;
(b) unreasonably interfere with any other construction work being performed on the
KTJ Property;
(c) unreasonably interfere with the use, occupancy ar enjoyment of the KTJ Properly
by KTJ 181 or its permitees;
(d) cause the KTJ Properiy to be in violation of any applicable governmental
regulations; or
(e) cause any change or damage to existing utility lines, or if existing utiliry lines aze
changed or damaged, the person or enfity causing the change or damage sha11 repair
or replace, at its sole cost and expense, such e�sting utility lines to the condirion
prior to the change or damage in compliance with this Agreement.
23 Safetv. Any person or entity performing construction work shall take all reasonable
safety measures required to protect KT7181, Realife, their pernutees and their property from injury
or damage caused by the performance of the consiruction. Such safety measures sha11 inciude,
without limitation, the erection of adequate construction barricades and other reasonable safety
precautions with respect to hazardous conditions of conshuction until the construction is progressed
to the extent no longer reasonably necessary.
2.4 Liens. In the event any mechanic's or materialmen's lien is filed against any part of
the KTJ Property, the person or entity permitting or causing.such lien to be so filed shall cause the
lien to be discharged within fifteen (15) days after entry of final judgment (after all appeals) for the
foreclosure of the lien. Upon request of KTJ 181, the person ar entity pernutting or causing such lien
to be so filed shall cause the lien to be released and discharged of record, either by paying the
indebtedness which gave rise to the lien or by posting a bond or other security as required by law to
obtain such release and discharge. KTJ 181 shall have the right to contest the validity, amount or
applicability of any such lien by appropriate proceedings so long as it diligently prosecutes the
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.� Repair following Conshucrion. Promptly upon completion of maintenance or
replacement of improvements within the Easement Area, the pernutee performing such maintenance
or replacement work shall restore, at its own cost, the Easement Area, including, without limitation,
any driveways, roads, pavement, curbs, and landscaping located thereon to substantially the same
condition with substantially the same materials as existed 'unmediately prior to commencement of
such construcrion maintenance or replacement wozk.
ARTICLE 3
Miscellaneous
3.1 BindinQ Effect: Covenants Rum�ing with the Land. The covenants, agreements and
easements described and set forth in this Agreement shall be perpetual and constitute covenants
mm�ing with the ownership of the KTJ Property. Such covenants, agreements and easements shall
inure to the benefit of the fee simple owners of the Realife Properiy and to its respective successors
and assigns and sha11 be binding upon the parties hereto and their respective successors and assigns.
3.2 Indemnification. Each parry agrees to defend, indemnify and hold the other parties
harniless from all claims, actions, liabilities, groceedings and costs, includ'mg reasonable attorneys'
fees and costs of suit, resulting from any accident, injury, loss or damage whatsoever to such parry in
connection with such party's use of the easements contained herein.
3.3 Amendment. This Agreement may only be amended, changed or terminated by a
written agreement signed by KTJ 181 and Realife, and their respecfive successors and assigns.
3.4 Notices. Any notice required or pernutted pursuant to this Agreement shall be in
writing and deemed properly g'tven: (a) on the date of personal delivery, or attempted personal
delivery if refused; (b) on the date the notice is delivered, or attempted to be delivered if refused, by
a reputable overnight delivery service with proof o£ delivery or refusal; (c) two (2) business days
following the date the notice is postmarked by the United States Postal O�ce; provided it is sent
postage prepaid, either certified or registered mail, return receipt requested; and (d) on the date of
actual receipt if by facsimile transmission, regular mail or any other means not set forth above. All
notices shall be sent to a pariy at the address last provided or to such other address as known by the
party sending such notice. Refusal to accept delivery of a notice or the inability to deliver a notice
because of an address that was not properly given sha11 not defeat or delay the giving of notice.
3.5 5everabilitv. Invalidation of any of the provisions contained in this Agreement, or of
the application thereof to any party, by judgment or court order, shall in no way affect any of the
other provisions of this Ageement or the application to any other party, and the same shall remain in
fu11 force and effect.
3.6 Not a Public Dedication. Nothing contained herein shall be deemed to be a gift ar
dedication of any portion of the KTJ Property to the general public for any public use ar purpose
whatsoever_ _.- -
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—?s� Law. This Agreement shall in all respects be interpreted, construed and
enforced according to the laws of the State of Minnesota.
3.8 Singulaz and Plural. Whenever required by the context of ttus Agreement, the
singulat shall include the plural, and vice versa, and the masculine shall include the feminine and
neuter genders, and vice versa.
39 Construction. The parties hereto acknowledge that this Agreement has been
negotiated at anns length and that their respective counsel or other represeniatives have had an
opportuniry to review this Agreement before becoming bound thereby. The parties hereto
acknowledge that the normal rule of construction to the effect that any ambiguifies are to be resolved
against the drafting party shall not be employed in the interpretation of this Agreement.
310 Ca tions. The captions and headings contained in this Ageement aze for convenient
reference only and shall not afFect the interpretation of this Agreement.
(The remainder of this page 1s left intentionally blank.J
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as ofthe date first
KTJ Limited Partnership One Hundred Eighty-One,
a Mimiesota limited partnership
. By: Oppidan,Incorporated,
a Minnesota corporation
Its: General Partner
By: Joseph H. Ryan
Its: President
STATE OF MINNESOTA
COUNTY OF HENNEPIN
)
} ss.
)
The foregoing instrument was aclrnowledged before me this day of
2008, by Joseph H. Ryan, the President of Oppidan, Incorporated, a Minnesota corporation, the
general partner of KTJ L'united Parinership One Hundred Eighty-One, a Minnesota limited
partnership, on behalf of the corporation and the limited partnership.
Notary Public
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IN W1TNF.SS Wf�E$Efl�`, fFie ut��ersign�d i�ave executed this Agreement as ofthe
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Realife Cooperative of West St. Paul,
a Minnesota corporation
By:
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The faregoing instnunent was acknowledged before me this day of ,
2008, by the of Realife Cooperative of West St. Paul, a
Minnesota corporation, on behalf of the corporation.
Notary Public
THIS DOCUMENT DRAFTED BY:
Morrison Fenske & Sund, P.A.
5125 County Road 101, Suite 202
Minnetonka, Minnesota 55345
(952)975-0050
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Le�ai Descrintion of the KTJ Propertv
That part of the vacated East Geranium Avenue lyiug easterly of the northerly extension of the
east line of Lot 8, Block 3, Kiefer-Park, according to the recorded plat thereof, Ramsey County,
Minnesota, as described in Document No. 1710649 and lyiug westerly of a line drawn from the
northeast corner of Lot 1, Block 3, said plat of Kiefer-pazk, to the southeast corner of Lot 28,
Block 2, said plat ofKiefer-Park.
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Lots 1- 8, Block 3, Kiefer-Park, according to the recorded plat thereof, Ramsey County,
Minnesota
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PETETLOI�I FDR �OA�3V�AY_ VACATTO�- --- — —`--
Petitioner does hereby petition the City Council of the city of Saint Paul to vacate its interest in
the property described below and depicted on the attached plan;
1. The East Geranium Right-of-Way, consisting of 66 feet of width (northJsouth) and runs
the length of approximately 270 feet (east/west) from the west side of Clarence Street.
The area is approximately 18,500 s.f. and is depicted and legally described on the
attached exhibit.
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 Phalen area. The Vacation of this R-O-W will make this a
private drive forthe development and Realife Coop. The Developer (Oppidan� and Realife have
to terms which would include Realife deeding their portion of the R-O-W to the Developer and
the Developer wili provide an access and utility easement across this area and become
responsible for all maintenance. All area to the west of the described and depicted area has
been vacated previously by Document numbers 1710649 and 592574.
Oppidan, Inc. is the petitioner, in conjunction with Realife Coop. Oppidan is the responsible
party for submittal fees and final vacation fees. Oppidan has a Purchase Agreement interest in
the two private properties on the north side of the Geranium R-O-W to be vacated. Rea{ife is
the owner of the land on the south side of the R-O-W to be vacated. Both Oppidan and Real Life
are signing the Petition, given their respective interest in the land surrounding the area to be
vacated.
The contact person for this petition shall be:
Paul Tucci
Oppidan, Inc.
5125 County Road 101, Suite 100
Minnetonka, MN 55345
Phone (952} 294-1243
Fax (952) 294-�151
��V��
January 10, 2008
City Clerk - City of St. Paul
Room 390 City Hall
25 WestFourthStreet
St. Paul, MN 55]02-16b5
RE: Roadway Vacation
Cub Foods — Phalen
Dear Madam:
Attached is a copy of Petition to Vacate the current East Geraniwn Avenue Rigl�t of Way in the area to be
developed for the Cub Foods retail center in the Phalen area of St. Paui.
The vacation will be west from Clazence Street to the"terminafion of the Public R-O-W of Geranium,
approximately 270 feet to the west, ending at the point of the previous vacafion of Geranium, per
Document #1710649. The surrounding properties to the ROW are currenfly owned by two privateparties
to the north and Realife to the south. Oppidan, Inc. has Purchase Agreement interest for the two private
business entiries. Realife is a co-Petitioner to this request. •
This request is conditioned ott Oppidan, Inc.'s acquisition of the property referenced above. Realife ,
Cooperative is willing to complete this vacation assuming that the acquisition is completed. There will be
a separate Easement Agreement between Realife and Oppidan allowing for ingress/egrass over the
vacated area, utility service (blanket easement) and maintenance.
Please feel free to corrtact me with any questions.
Sincerely,
� �Gr-
Paul J, ucci
Ii
December 10, 2007
To whom it may concem:
Oppidan, Inc. does hereby certify that a search of the Ramsey County, Minnesota tax records disclose that
as of December 10, 2007, fhe owners of the properties abutting the East Geranium Avenue public right-
of-way described aze as follow:
Property ID #
Type Fee Owner
Contract Purchase
27-29-22-22-0034
27-29-22-22-0035
27-29-22-22-0058
Torrens Harry J Star
1151 Ptosperity Ave
St. Paul, MN -
Tonens Charles York
ll 55 Prosperity Ave
St. Paul, MN
Torrens Realife Cooperative
1355 Phalen Blvd
St. Paul, MN 55106
Oppidan
Oppidan
Current Owner
The report represents the information available regazding the ownership of the above described properties.
It is not intended; nor shall it be construed as a guarantee of title. Oppidan Inc. assumes no liabiiity for
emors or omissions.
Sincerely
fi° . ., ! �_
Paul 7. Tu • .
_ ..... ......... ._._. ..... _. _
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I, Paul J. Tuca of Oppidan, lnc. am the Co-Petitioner in the above matter; and i do hereby swear
and veri#y that the signature on this petition is my signature.
c�-- �
Paul ucci, VP Oppidan, lnc.
�.�asvr,ririioegr�u MyCommissionExpires
. .. . . � rm*:,n.�c-�oty, -,=
►rc�aaseta�ts�t�o
1, g��w=��� of Realife Caoperative am the Co-Petitioner +n the above matter; and t do
hereby swear and verify that the signature on this petition is my signature.
�� �� �
Notary ;�
Realife Cooperative
�VICT�ORIA VANG HEU
Notary Public
Mlnnesota
� "�' y Commission Expires dan. 31, 2012
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= RepTy to Vacation fn uir
— File # 02-2008
We have no objections to tlus vacation
_Jean Bargen �i�: -�
Phone # 266-8866 � Phone #
F�# 266-88SS F��
We will approve this vacation, subject to the following conditions:
For the following reasons, we cannot approve this vacation:
THIS FORMIS TD VACATE STREET RIGHT OF WAY ONLY:
77aat part of East Geranium Avenue that lies easterly of the southerly extension of the
wesf line of Lot 22, Block 2, Kiefer Park Addition, and westerly of a line drawn from the
northeast corner of Lot 1, Block 3, to the southeast corner of Lot 28, Block 2, said plat of
Kfefer Park Addition.
Basements are retained for sewer mains and other existing ufilities that cross the proposed
vacated azea.
That the affected parties sha11 enter into an access and maintenance easement agreement
for the use and maintenance of vacated Geranium.
That ihe CiTy of Saint Paul Traffic Engineering shall restrict the access to and from the
driveway at vacated Geranium Avenue aud Clarence Street if future traffic conditions
warrant.
That the petitioners shall coordinate their development construction and the
reconsh-uction of the intersection of vacated Geranium at Clarence with the City of Saint
Paul's street widening project on Clarence Street.
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'�igned Date
Ciry of St. Paul
Public Works
266-6104
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- - it�plyto Vacation Inquiry
ro: Jean Borgen_ __
City of St. Paul
Public Works Technical Svcs Sfi
Phone# 266-88b6 Phorv
F� 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:
THIS FORMIS TO VACATE STREET RIGHT OF WAY ONLY.•
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That part ofEast Geranium Avenue that lies easterly of the southerly extension of the
west dine of Lot 22, Block 2, Kiefer Park Addition, and westerly of a line drawn from the
northeast corner of Lot 1, Block 3, to the southeast corner ofLot 28, Block 2, said plat of
Kiefer Park Addition.
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Jean Borgen
Deparanent of Public Works
Technical Services/ Real Estate
1000 Citv Hall :�nnex
St Pau1, NIN SS1Q2
SUBJECT: V�C��TION INQUIRY #02-2008
Dear Jean Borgen
Comcast would like to maintain oux easemenu in the axea of file # 02-2008. We
c�xently have aerial & undexground faciliries in this axea. Comcast will xelease its easement
in the described right-of-way pxovided the pxoposed impxovements do not intexfexe with its
exissing facilities ox int�f�e with Comcast's access to the said facilides to maintain, xepair ox
upgxade them. Should the said unprovements in anyway intexfere with ox prevent access to
the said faciliries, the pedrioner ot its successox shall pro�ride new easements as required and
the peduoner or its successox shall assume all costs of relocating faciliries to the new
easements.
Coxdially, ► � e /I//I/ r +\� � �" /'�%?/
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File # 02-2008
We have no objections fo this vacation
�ean $argen
City of St. Paul Northem States Po�
Pu6lic Works Technicai Svcs Xcel Energy-Gas D
rn�a 266-8&66 Pbonetk 651-229-2389
F�u 266-8855 Fac� �;
We will approve this vacation, subject to the following conditions:
For the foIlowing reasons, we cannot approve this vacation:
THIS FORMIS` TO YACATE,STREET RIGHT OF WAYONLY.•
That part of East Geranium Avenue thad lies easterly of the southw•ly extertsion o, f the
west line ofLot 22, Block 2, Kiefer ParkAdditiorr, and ivesterly of a line drmvn, from the
northeast corner oflat 1, Btock 3, ta fhe southeast carner ofLot 28, Block 2, said plat of
Kiefer FarkAddition.
NorEhern States Power d!b/a Xcel Energy-Gas Divis�on has an e�sting 4" 60 psig plastic
gas main in a po��ion of the proposed vacation. Xcel Gas will need ta mainta3n its
easement rzghts in regards to ftris main.
,�
s���
James 7akersld
Gas Engineer
Northern 3tates Power d!b/a Xcel Energy-Gas Division
3/��-/a
Date
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� (3112/2008) Jean �Borgen - 02 2008 Vacation Gas Map PDF � � � � LL �� � � � Page 1 �
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To Jean Borgen
City of S[. Paul
Public Works Technical Svcs
PhoneY 266-8866 Phone�
F� � 266-8855 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 FOKM IS TO VACATE STREET RIGHT OF WAY ONLY:
That part of East Geranium Avenue that lies easterly of the southerly extension of the
west line of Lot 22, Block 2, Kiefer Park Addition, and westerly of a line drawn from the
nonheast corner of Lot 1, Block 3, to the southeast corner of Lot 28, Block 2, said plat of
Kiefer Park Addition.
The standard Board of Water Commissioners easement, whose conditions are described
in the attached February 8, 2002 Standard Basement Pxovisions, shall be retained over all
portions of the vacated area.
Signed
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Fe6.20, 2008 12:47PM
_- -- - -
fteply#a �/aca�on Tnquiry
We have no objections to this vacation
ro: Jean Borgen
Ciry of S� Paal
Public Works Teehnical Svcs
rn«�sx 266-8866
Fs�x 266-8855
We will approve this vacation, subject to the following conditions;
For the following reasons, we cannbt approve this vacation:
T$XS FORMXS TO YACATE STREET RIGHT OF WAI'ONLY.•
That part of East G¢ranium Averzue that lies easter[y of the southe�dy extension of the
west ltne of Lot 22, Block 2, Kiefer ParkAddition, ar7d westerly of a tir�e drawn from the
northeast corner ofLot 1, Block 3, to the southeast cosner of Lot 28, Block 2, said plat of
Kiefer ParkAdditton.
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. To _ _ .TCsIH-$AFgE&_ _ From:_
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Reply to Vacation inquiry
Flle # 02-2008 Ciry of St. raul On behalf of the Fire
Public Works Technical Svcs Departnlent
rt,one# 266-8866 pho�en6si-2zs-vz9�
Fas# 266 Fac�651-228-6204
We have no objections to this vacation
We wiii approve this vacation, subject to the following conditions:
For the following reasons, we cannot approve this vacation:
THIS FORM IS TO VACATE STREET ffiGHT OF WAY ONLY:
That part of East Geranium Avenue that lies easterly of the southerdy extension of the
west line of Lot 22, Block 2, Kiefer Park Addition, and westerly of a line drawn from the
northeast corner ofLot 1, Block 3, to the southeast corner of Lot 28, Block 2, said plat of
Kiefer ParkAddition.
This street needs to be maintained in order to have fire access to the two adjacent
properties.
. e�""`."
Signed
Date
2/6l08
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(2/5/2008) Paul Dubruiel - CINU.doc
,
� (My DocumentsfClNU Inq-doc)
Pa9e 2 ,
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Reply to Vacation Inquiry
File # 02-2008
ro Jean Borgen From.
P�D
Ciry of St Paul
Public Works Technical Svcs
Phonec 266-$$6f> Phone:
Fac X 266-8855 Fax h.'
We have no objections to this vacation
We will approve this vacatioq subject to the following conditions:
For the following reasons, we cannot approve this vacation:
THIS FORM IS TO l�ACATE STREET ffiGHT OF WAY ONLY:
That part of East Geranium Avenue that lies easterly of the southerly extension ofthe
west lene of Lot 22, Block 2, Kiefer Park Addition, cmd westerly of a line drawn from the
northeast coYner of Lot 1, Block 3, to the souiheast corner ofLot 28, Block 2, said plat of
Kiefer Pmk Addztion.
���A'1�' _ _ \
Signed
�-- Z Z--��'
Date
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�(2)6/2008) Jean Borgen Re Proposed Vacation 02-2008 � �� Page 11
�s-8�3
From: Tom Beach — __� -------
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- -
Ta-- - ----- $orgen,3ean --
Date: 2/6/2008 8:04 AM _ ___
-- — S�ject: Re: Proposed Vacation 02-2008
DSI� as no objections to the proposed vacation.
.�
Tom Beach
DSI
S East 4th Street
Suite 200
Saini Paul, MN 55101
651-2669086 (phone)
65'I-266-9124 (fa�c)
tom.beach(a?ci.stoaul.mn us (email)
»> Jean Borgen 2/S/2008 3:09 PM »>
Attached is information related to the petit�on of the developer of Cub Foods site to vacate the City's interests and utility easements
in:
Part of East Geranium Avenue.
1) Vacation request letter (Word doc)
2) Reply form (2nd page of letter)
2) Certificate of Intended Non-USe (3rd page of letter)
4) Map (JPG file))
Please re�iew and repry at your earliest corrvenience, but preferabiy no later than February 15, 2008 if at all possible. If you have
questions, or if you cannot open the attachnients, please reply via email or call me at 651-266-8866. Thank you,
Jean Borgen
Tech Sva - Real Estate
25 W. 4th St., Ste 1000
St. Paul MN 55102
Ph 651-266-8866
Fax 651-266-8855
ag°8�'3
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- — CERTIFICATE OF INTENDED NON-USE
THE HONORABLE MAYOR AND MEMBERS
OF THE COiJNCIL OF THE In the Matter o£
CITY OF SAINT PAUL Vacation File � 02-2008
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 East Geranium Avenue that lies easterly of the southerly extension of the
west line of Lat 22, Block 2, Kiefer Park Addition, and westerly of a line drawn from
the northeast corner of Lot 1, Block 3, to the southeast corner of Lot 28, Block 2, said
plat of Kie fer Park Addition.
except as here noted:
���� ���P
Its: Manager Design Engineer
STATE OF
M1NIVESOTA �
�� ����
' The faregoing instrument
Signature
.� I'fH
acl:nowiedged before me this � day of
I'YI � � r�
v�
- mR,��,�
of �IJ�..`�—_ S"r ��-/�D. '�76 s'-� y L—b LG.�ft+'JG
ti�
L `vz.��,'L,�n�,�,�
under the laws of thc State of Minnesota . � ,
��"�"� J
ds � s LINDRA. JUELICH N°tar �
' � � � NetBry aublic-Minnesot8 My commission �pires --� R,`I rJ14e2 �3( - , �Cl /C
�:>. '� My Comnussion F�pires Jan 37, 2010
RET TO 1000 CITY IIALL ANNEX, 25 W. 4` St., ST, ST.
PAUL MN 55102
b8 -�u'3
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-- -- - --_ -------
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CERTtFICATE OF INTE NON-USE
THE HONORABLE MAYOR AI3D MEMBERS
OF THE COUNCII, OF THE
CITY OF SAINT PAUL
In the Matter of:
Vacation File # 02-2008
The undersigned hereby certifies, on behalf of the indicated deparhnent or company, that it does
not intend to exercise its urility rights in the realty described below:
That part ofEast Geranium Avenue that lies easterdy of the southerly extension of the
west line of Lot 22, Block 2, Kiefer Park Addition, and westerly of a line drawn from
the northeast corner ofLot 1, Block 3, to the southeast corner ofLot 28, Block 2, said
plat ofKieferParkAddition.
except as here noted:
DISTRICT ENERGY ST. PAUL., INC. AND DISTRTCT COOLING ST. PAUL, INC., HAVE
NO EQUIPMENT 1N THE AREA TO BE VA�ATED�S�ND, NO OBJECTION TO THE
VACATION. -��, � E � ' hQ
/� s'E'r'ie�' Cool; S'{-. P,,. o
Its: (�
(�' �(' c S � �
STATE OF
MIIVNESOTA
" 4 •
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/� v �'�' - 7 G'��
Signature
The foregoing inshument was aclmowledged before me [Uis lO� �y of ��� . 20�
B �n�rs � • l�ac�.�t..,- Qres� ds-�..�
�^� _/.._ L �.+�
oP_JJ�s��e�' I.:.Utn.ly„ I,�is�n;c��oo�:hTa riva�a. hm—v)ra �"(� Go✓'�or orls
under the ]aws of the State of Minnesota. . ��' • Q "'��
Notary Public �, � /J� ��-
My commission expires l_L a-.�+..n.�a..a.. 3 � a � I O
— � — '� - f
RETURN SIGNED/NOTARI7.ED COPY TO 1000 CITY HALL ANNEX, 25 W. 4�' St., ST, ST.
PAiJI, MN 55102
'� � TRUpY !.. SHERVYOOD
NOTARY PUBLIC-MNJNESOTA
MY COMMFSSION
EXP1kES JAN.39, 20 9 0
bS���3
To _ JCaII�9l�CIl From
___- ___ _ _ ____ .
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— ___ _ OI
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Reply to Vacation Inquiry
Flle # 02-2008 Ciry ofst. Paul Saint Paul Parks and
Public Works Technical Svcs Recreation
Phone# 266-8866 Phoneuz66-eaza
Fae# 266-gg55 Fac�
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:
THI5 FORMIS TO YACATE STREET ffiGHT OF WAYONLY:
That part of East Geranium Avenue that lies easterly of the southerly extension of the
west line ofLot 22, Block 2, Kiefer ParkAddition, and westerly ofa line drawn from the
northeast corner ofLot 1, Block 3, to the southeast corner of Lot 28, Block 2, said plat of
Kiefer Park Addition.
�
�
�
Signed Date
___.� .
- 4- _ _ __ _.__ _ _ __ __
MCI Network Services, Inc.
02/10/200$
TECH SVCS-REAL ESTATE
Jean Sorgen
ZS W 4th St Ste 1000
St. Paul, MN 55102
08 �8�3
OSY Nanonal Support /
_ _ __ _ __ _ _ __. _ - _ _ Inae�ligafion� — — _-_
___ __-_ __ . ______i�JepTx235S'f,oc�Cfl:__ ___— —__-_ ___-_
2100 North Glem�lle
RE: 02-2008 — STREET VACATION — GERANIUM AVE —
St. Paul, Ramsey, �'Iinnesota
MCI ID: '796-2008
Dear Sir or Madam:
MCI has been notified by your office regarding the above referenced project.
For your records, in reviewing the area in question, it has been determined that MCI does
not have facilities within your project area. However, it will still be necessary for you to
contact the local One Call System at least 48 hours prior to any construction.
You should address correspondence concerning any fuYure projects to the attention of
OSP National Support/Investigations at the above address.
If you need further assistance with this project, please do not hesitate to call me.
Sincerely,
Beth Seubert
�SP National Support / Investigarions
(972} 729-601b
No Facilities.doc
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Notice is hereby given of the petition of Oppidan, Inc., for Cub Foods, to vacate a segment of
CTeranium Avenue East 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 6th day of
August, 2008, at 5:30 P.M.
Dated: July 9, 2008
Shari Moore
City Clerk
(July 14, 2008)
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Interdepartmental Memorandum
CITY OF SAINT PAUL
To: All Council Members
From: Jean Borgen
Public Works Technical Services
Real Estate
1000 City Ha11 Annex
Date: July 9, 2008
RE: Public Works Vacation File No.02-2008 (Vacate Geranium Ave.)
I recommend a public hearing before the City Council be held on Aueust 6, 2008 to
consider the petition of Oppidan, Inc. (for Cub Foods).
This petition is to vacate Geranium Avenue right-of-way west of Clarence Street to
the existing dead-end.
The purpose of this vacation is to accommodate redevelopment. There is no building
proposed within the vacated area.
This property is located in City Council Ward 6, Planning District 2.
Alantis/pw/Cechnical ServicesBeat Estate/Vacatio�s/2006/07-20