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08-843GS # 3056890 Return copy to: '�mb _ _ Public Works Tech. Services 1000 City Hall Annex �� — — co�n��� Fae # Dg -8�3 Green Sheet # 3056890 Presented by ��� RESOLUTION OF SAINT PAUL, MINNESOTA 1 2 3 4 5 6 7 8 9 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 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, GS # 3056890 -- �_ ���'>= . __ --_ -_-- - -- - - - - 39 - must be provided to the north side of 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 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 GS # 3056&90 - - -- ---��'��"�-- - -- — — --- � - - _ __—- 88 -_ _____ prouide ne�v easenrents if requiied, and the pefitioner or its successor sha " $9 coste ofrelncatinu�aciliEi�T��„�,�—�rr�,N PacPmPnt� 91 92 93 94 95 96 97 48 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 l34 i35 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 GS # 3056890 ---��'� — . — _ — — --- — —�3 = __- - _— - — — - ---- ... --- _ 13.fi-- _ ax�yvio�aiion of �ty }aw orregitiation made in accordance with the law whe Q ` ` 137 p etitioners or anv ofthe,'r ��� . -_�-� _ 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 .: 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: � . �f / / �, l rja• Form Appro � d b, C' ��� �o ey gY: .c%'!�LL_ _.. �,, ' Form prov � ay f �f bm' n to Council By: � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet rPp•± G�+ �+ __. _ .. � 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: �,.. _. _-� _ _._•_��� Activity Number. 255-12363-2833 Financiai IMormation: Administradve fee paid to Pub3ic W orks for vacation of sheet (Expfain) CosbRevenue Budgeted: -_- _ __ _ _. � - - - - . ___ --- - _ � � a �, � � a r a � � I �� I � � � � � � � � � �` �\ b �\ � � � � '_____�,_— � � ♦ � �_ �._� __•'L�_TT�__'....�.-.-• :�..�,�.:ezE:n �_� _'_ ,. .... 1 I .. � I , z,� � .,��: :, �.a, � ° :,�.:.:�='.,a�, � :,�-.,.,�..Y -. "_.1 � __�____ � � �v .b k::�K'�"r�aa�;i I I I I f ---- � , �:i;l:�.;;.;r`;� --------� .�r}L ..:.�_ -� I-_____"-I L_"_"— . ` °sn..` � � ., 1 I G ��� `�,. �' I ---' � , � � :i<r�`e*ag��g � I I I I � �'-�>i "�4 --- ,:.. _ �rs: -.. . �,... � r r ,,:;m �*i: ! i , � � � ��,�r��v� '__� � —_ � �----- '� `�`� I � �. ._ I k ;lij�.�59N � � l " 2 { I " ,-:"�''-��'.,.,"{sss. ' a r ------- 1,yh ------- "�i; i�- ! d � ° � p � '':'F���:`�4: '---� � � ------ � , 7e --- - -`''�=stfi?; � I j` � �--- e =�' =;�=� � I I 1 " v a,:r;:,.:.-',� ' ----�' �------ -+ {- ----- _:�..,,.�,y : :_... — — ....... � �s� i < � � i i '"' ;: .;� � —� -------J. --- � I --- 1 1 I 1 1 A I p e� � �-- y � � ���� --- i � -- —,4 j------- i i ---- j ------ --� �'y I i I � I I ' {� I ---� k �----J I M1 I I 1� I 4 1 ` I -� I -- I I I 1 — _-I E------- � P€ I 4 ' �� o I I a � I I/ - � � ° I I ---� �------- -� r-- �--� i __ — � ---- ' 1 ' --------L � ------- - 1 '--J---- vn..y ..�. nn -e ur� .iu�,irC rvGs��.iri%�iv s -�=--- —��_� e --- Exhibit 'A' �______—� ��� ° I V\ �'�,------ � I �� �� � k�. �`.-__�'.j - ' ����le:°. I \.`'_I t \ �' --- �j ��� �L � � "'�'�� \ J �` ? `� � ` t � � t�__�� �� �� .", 1'.. ♦ �� I � f� , . � - ` � . v4� � \ V I ..3 �\ I `d �� \�� m -�� . ,� ,�� v '`;, � / � l / �e i i 1 / I ------- � � i �€!! # !i �ii � • � � � � ���� � �� �I�I #Il1 6 8-�5� � --- ACCESS EASEMENT AGREEMENT ��+ 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 �8-8�3 _____- --_ _ _ - - --- ---- 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. D8�8�f3 ------- -- ----- _ - --- 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 �� - :ci .� � t fe �� --- -- - _ =-�8���"-._-_ - -- .� 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_ _.- - __ __ - --�-'�3--_ __ ______- � __ __ --- ----- - __ - � —?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 - __ _ --- __-_ '"_..-_`-t__� � _�l'PliTl�>mi�E� - 6g_��3 - __ _ _--_ 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 0� -�3___--_- _---._ � -- _ � - ___ - IN W1TNF.SS Wf�E$Efl�`, fFie ut��ersign�d i�ave executed this Agreement as ofthe — --- � — -- - --- - wn#Cen a ove. — � 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 _ - - -- - - __._ -__ --- r_�cnirnrm e — 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. -- - - _. _ - --- - - -- - -- --- _ - ------ . __-����� B - _ Lots 1- 8, Block 3, Kiefer-Park, according to the recorded plat thereof, Ramsey County, Minnesota „ .�I iF t.� � � � � � �1 i ���3 { � �� �� � �_ s R� �� z� A � 9 � A � --_ __ _---�=8-�� - = = _ . _ - - - - _ _ ��s1� e _ - -- — ---- Site Plan 9 S O ti � � � � � � � Y � ( �g A � � � �.x . '�� 9 G G A � o v � ? p � � � A Z �> y P � p � m � � K C c m ^ 1 l� � S 9 O D G O�� o � � s F 3 9 9 n N p 9 x x� 1� O � Z Z � p � Gi Ca y y y D C A N � O _ a a m � O $ p O m O A V y 0 G N � W N A M �� bg �8 �f� — -- - ------ - --- ----- 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 • . _ ..... ......... ._._. ..... _. _ b8' 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 � �� y Commission Ex 'res �� �� � r L ' J b8-8 �3 --- -- - -- -- -- - -- = 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. r �' � ��C,c-�..�-��� _ �� �fj '�igned Date Ciry of St. Paul Public Works 266-6104 �. —1 � Og ��s�3 - - -.- - - - - 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.• ■ /�' . 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. . �' �.� ��� �,.�� �- c�� �.=.4.�, `t-� �'-�-0-�2.� � «rn-�- �wa.� n, .. ��� �' ✓�"�'-�,�_ 1 ,�,� � � �PPa o � ,,,.�.�.� .�- � � �--� �.�,..�, �. -�-�=� �-- ��. ,e�� ��� � �� ert�rr,�-�.e, �-�., �, ,�- ,��- �-=� � �.- � sP�-� °� I-� ��. � � � ��� � ' :� �-�.,;� �-� `;u,.v� '� �; �,.� , � �� � ��� ; n �4-e .N�� � i �""T" "" �'I �� • W'`� `� cr*�..yv�¢.:Z — a....-� v�o�" ` c��-�SL-- 54' c�'. � n .�e'�`.i.�-0.� 5 Signed � �-(a Date m � �'�--- ✓�-o etr'.v"r'°�'�J 7{ � cwv�.e'�.� �,��u-��` .64J-�-+-ti� �-P� ��..� .,�� ,�-�-�..�P � � �--�.�� �- C-�-�ti� {�:� I�clt�e ai,b-sYY Sf comcast O$�8��j ___ComcaslSabte_Commuuica�iees -- ---- --- -- — -- - - . 14 River�ark Piaza - — -- - - - -- - - -- - - -- St Paul - — ,� --- --__ - — ---�e � Tv`¢'r, �ovo — — — — — — �— — 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 +\� � �" /'�%?/ , � � � ��s s _ ,„,. e x x i � i �RAw�n A�E � q ' a ' ,z 3 � ��/ � v2 2 / � �2 �' 31 ��'� ]Ge � ,-�� ea' b '� ioe � � vnP�e�� SLVn � �i; RE�' (CE CCCPER4iNE � %< eGaHa�EN + ��-- � 0/0 � I � ` n � n � m �t�A����� � � � /��� ��� �� �G � -� a,. ��. / �� � � � ti / / u� ° �N/ U 1 S ]BE \ -<' � / -���� {�� ^ 123'� m � �� lb3 , .... ....,_ e _ / I i0. a� �� �f3 -- -- - File # 02-2008 We have no objections fo this vacation �ean $argen City of St. Paul Northem States Po� Pu6lic Works Technicai Svcs Xcel Energy-Gas D rn�a 266-8&66 Pbonetk 651-229-2389 F�u 266-8855 Fac� �; We will approve this vacation, subject to the following conditions: For the foIlowing reasons, we cannot approve this vacation: THIS FORMIS` TO YACATE,STREET RIGHT OF WAYONLY.• That part of East Geranium Avenue thad lies easterly of the southw•ly extertsion o, f the west line ofLot 22, Block 2, Kiefer ParkAdditiorr, and ivesterly of a line drmvn, from the northeast corner oflat 1, Btock 3, ta fhe southeast carner ofLot 28, Block 2, said plat of Kiefer FarkAddition. NorEhern States Power d!b/a Xcel Energy-Gas Divis�on has an e�sting 4" 60 psig plastic gas main in a po��ion of the proposed vacation. Xcel Gas will need ta mainta3n its easement rzghts in regards to ftris main. ,� s��� James 7akersld Gas Engineer Northern 3tates Power d!b/a Xcel Energy-Gas Division 3/��-/a Date ❑ � � _ _.. � (3112/2008) Jean �Borgen - 02 2008 Vacation Gas Map PDF � � � � LL �� � � � Page 1 � t�-8�3 --- ; � - j D s � � � 5 : � � � 3 ' 3 �r m: j 1 � �� � • '0 � � � ��:1. . � 3 � ' �.�� � � � . �� � 9 � - � � � i��t 5 � � � n y _ • �•� ..� % Y .:t �CV+AENGEST _. _� �.g� � _ _ � _ q _ �� � ' > —_ �� _I ' ,� , � ���: � ; � . �+ ��� a� �'. '* � � � � ��� � < 5$. � + } � r � i �ws � .—.- _ o� ��3 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 , . � M� :s� � � � r � � 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$XS FORMXS TO YACATE STREET RIGHT OF WAI'ONLY.• That part of East G¢ranium Averzue that lies easter[y of the southe�dy extension of the west ltne of Lot 22, Block 2, Kiefer ParkAddition, ar7d westerly of a tir�e drawn from the northeast corner ofLot 1, Block 3, to the southeast cosner of Lot 28, Block 2, said plat of Kiefer ParkAdditton. i.%�+�Il%/� L � � <► - a - . �. ii ./��_1�.���I .:- No.2825 P. 1 68 -��k3 a��,: j�ilTl'/y --- — __ ,�sl� _ --- ---- --- �� - �� EN�k6� �n�'�a f�3 S F�`°61 � 5�34��'7 �Il;� ■ ■ . i. . . To _ _ .TCsIH-$AFgE&_ _ From:_ - - - 1�I - --- - — - _- --- - -- - - 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 ■I �' I�I -- ------ ---------- --------- --------___ (2/5/2008) Paul Dubruiel - CINU.doc , � (My DocumentsfClNU Inq-doc) Pa9e 2 , oS-��3 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 � � � I f i � , t i �(2)6/2008) Jean Borgen Re Proposed Vacation 02-2008 � �� Page 11 �s-8�3 From: Tom Beach — __� ------- - _ - - - -- — - - ------- — — - - - -- - - - - - 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 - ----- -- - _ ------- ------- - -- - — 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 -- - — -- -- -- - --_ ------- - --- -- 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 • I J /� 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 ___- ___ _ _ ____ . . _ - ____ _- - _ — ___ _ OI - — --- - - — - 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 os�6�f3 . . �.: . .�. 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) �g���3 -- -,--� -- - -- - - - --- - ----- - - - ---- --- - --- -- 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