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09-415Council File #�� Green Sheet # 3069040 RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented by �� 7 I BE IT RESOLVED, that, upon the petition of Mazk Arth, as documented in the Office of 2 Financial Services/Real Estate Division Vacation File Number 16-2008, the public property 3 hereinafter described in the attached Exhibit A is hereby vacated and discontinued as public property; 4 and subject to the hereinafter stated conditions, the easements within said public property are hereby 5 released; and 6 7 BE IT FURTHER RESOLVED, that this vacation shall be subject to the terms and conditions 8 of Chapter 130, codified March 1, 1981, of the Saint Paul Legislative Code as amended, and to the 9 following conditions: 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 39 40 1. That the petitioner, his successors and assigns shall pay $1,200.00 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 petitioner, his successors or assigns, shall grant a public right-of-way easement, substantially as shown on Exhibit B, to the satisfaction of the Department of Public Warks under a permit issued by the department's street engineering section. The petitioner shall reconstruct both ends of the vacated azea to the satisfaction of said department, including but not limited to new curb and boulevard. That as part of the newly created cul-de-sac, the petitioner, his successors or assigns shall install and maintain a pole, similar to a standard telephone pole, and sodium vapor light, to the specifications of the DeparCment of Public Works lighting section. 4. That an easement shall be retained on behalf of Northern States Power Company d/b/a Xce] Energy - Electria lf relocation of the facilities is required, the petitioner, his successors or assigns, shall assume all costs of relocation and shall provide new easements for said relocated facilities. That an easement shall be retained on behalf of Qwest Corporation. If relocation of the facilities is required, the petitioner, his successors or assigns, shall assume all costs of relocation and shall provide new easements for said relocated facilities. That the petitioner, his successors and assigns agree to indemnify, defend and save harmless the City of Saint Paul, its officers and employees from all 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 petitioner's use of this property, including but not limited to a claim brought because of any act of omission, neglect, or misconduct of said petitioner or because of any claims or liability arising from any violation of any law or regulation made in accordance with the law, whether by the petitioner or any of his agents or employees. Council File # �� /`J_ Green Sheet# 3069040 41 7. That the petirioner, his successors and assigns shall, within 60 days of the effective date of 42 this resolution, file with the Office of Financial Services/Rea1 Estate Division, an acceptance 43 in writing of the conditions of this resolution and shall, within the period specified in the 44 terms and conditions of this resolurion, comply in all respects with these terms and conditions BOSLTOID Carter Stark Thune Yeas � Nays � Absent I Requested by: r i Adopted by Council: Date `��jg��q Adoption Certified by Council Secretary BY� ' /J Approve y a Date L / �, BY� I/ Office of Fin �cial Services B. Approved by the Office of Financial Services � N/A Approved by ity ttorney s M�--- Y � � Approv� by ayor r ubmis n oun il By: ��- �{ 15 E�ehibit A LEGAL DESCRTPI'ION OF ALLEY TO BE VACATED 1`hat part of the north-south ailey in Block 2, SIQELLING PARK, according to the recoided plat thereof, Ramsey County, Minnesota, that lies northerly of Can'oll Avenue and southerly and westerly of the following described line, to wit: Commencing at the northwest comer of said Lot 13; thence on a beuing of East, aiong the north line of said I.ot 13 to the northeast comer of said Lot 13; thence southwesterly 12.92 feet along a non-tangential curve concave to the sou[heast having a radius of 8.72 feet, a central angle of 84 degrees 54 minutes 13 seconds and a chord that bears South 45 degees 21 minutes 53 seconds West; thence southerly and southwesterly 45.03 feet more or less, along a reverse curve concave to the northwest having a redius of 25.00 feet and a central angle of 103 degrees 11 minutes 25 seconds, to the west line of said Lot 13 being the point of beginning of the line to be described; thence continuing northwesterly and northerly 29.04 feet along a continuation of the last described wrve having a radius of 25:00 feet and a central angle of 66 degrees 32 minutes 59 seconds to the mos[ westerly line of said north-soa[h alley and said line there terminating. Oq- �I� � � 5 _ _ — �.{ L� I ` \, ' � ( \ I `C ` � y . \ V� � ( Io be — — —�/ Aedwvled— \� � / � � l ! � _ 40 07� _.".-� ,3 Map of Alley to be Vacated and Alley Area to be Dedicated I I `�' Y � 3 � � � � I ( I I I � � I I I I I � ( ' I I j - c a I I I ( �.�� > rs i. i � i m Z W __ =��.•,3� > ��.� _��,�,� I I I a - PROPOSEDRIGHf-0E-WAYEA3Eb1EM ' � I I I ( \�� I I I o� � ��(- I I I� �r� ;•: � �(` 15 � ;5 � ;: ( � �� I i I I¢ � sed � ' I I a ion Are I ' � � � � � � ___I___1___I___J EAST CARROLL AVENUE n uB� IG 1��i4-RII�G - y/�� :' � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � nCl.. t,€��r DepartmenUOfficelCouncil: Date Inkiated: v ' t � � FS —F'nancial Services Z7_MqR-09 Green Sheet NO: 3069040 Con Wct Person & Phone: Departrnent Sent To Person I itiaUDate Bruce Engelbrekt � 0 inancial Services Br¢ce En elbrekt � j 7� Z66'$$54 I mancialServices De artmentDireMOr Must Be on Council Agenda by (Date): Number 2 � Attome Chad Smul •3d�'j 15-APR-09 For 3 r•s Office Ma or/nssistant Routing 4 ouncil 0 Doa Type• RESOLUTION Order 5 � Clerk CSry Clerk E-Document Required: Y 3 6�� Document Contad: BNce Enqelbrekt ConWdPhone: 266-8854 � �� O � ��9 Totai # of Signature Pages _(Clip All Locations for Signature) Action Requested: Approve resolution to vacate the north-south alley in the block bounded by Snelling Ave, Concordia Ave, Asbury St. and Carroll Ave. Recommendations; Approve (A) or Reject (R): Personal Service Confrads Must Answer the Following Questions: Planning Commission 1. Has this person/firzn ever worked under a contracl for this department? CIB Committee Yes No Civil Service Commission 2. Has this person/firtn ever been a city employee? Yes No 3. Does this person/firtn possess a skill not normally possessed by any wrzent city employee? � Yes No Explain all yes answers on separate sheet and attach to green sheet. Initiating Problem, lssues, Opportunily (Who, What, When, Where, Why): Petifioner owns land on both sides of the alley proposed to be vacated, and wishes [o connect the land to make more efficient use of his proper[y. Advantages If Approved: Petitioner can assemble his land as desired. The remaining east-west alley will continue to be used by abutting property owners and maintained by the City. A new cul-de-sac, to be constructed by the pe6fioner as part of the vacation approval, will faciliate movement, maintenance and safery in the remaining alley. . Disadvantages If Approved: None DisadvanWges If Not Approved: The petitioner will not have the ability to assemble his land to use more efficienUy. ToWI Amount of Trensaction: $� �200.00 CosURevenue Budgeted: Fundiny source: Petitioner will pay vacation fee per p�i�ity Number; 160-11070-2833 fee schedule Fi nancial Information: (Explain) March 27, 2009 70:23 AM Page 1 � y- �f/5 Interdepartmental Memorandum CITY OF SAINT PAUL To: All Council Members From: Bruce Engelbrekt OFS/Real Estate Division 1000 City Hall Annex Date: March 18, 2009 RE: Real Estate Vacation File No.16-2008 (Vacate Alley Right-of-Way) I recommend a public hearing before the City Council be held on Apri115, 2008 to consider the petirion of Mark Arth. This petifion is to vacate the north/south portion of the alley in Block 2, Snelling Pazk Addition, bounded by Sneiling, Carroll and Asbury Avenues, and to dedicate a new cul-de-sac for alley tumaround. The purpose of the vacation is to facilitate assembling of a lazger parcel of property by vacating the alley area. No building construction in the proposed vacated area is planned at this time. This property is located in City Council Wazd 1, Planuiiig Distdct 13. G:�Real Estate\Vacations�2008ll6-2008, Carroll & Snelling�ivtemo to council.doc oy- �� NOTICE OF PUBLIC HEARING Notice is hereby given that the petition of Mark Arth to vacate the north/south portion of the alley in Block 2, Snelling Park Addition, bounded by Snelling, Carroll and Asbury Avenues, and to dedicate a new cul-de-sac for alley turnaround, as more fuily described on file and on record in the office of the City Clerk of Saint Paul, Minnesota, and will be heard and considered by the Saint Paul City Council at a meeting to be held in the Council Chambers on the 3rd floor of City Half and Court House on the 15th day of April, 2009 at 5:30 P.M. Dated: March 18, 2009 Shari Moore City Clerk (March 23, 2009) D�-�i5 PE1TT'ION TO VACATE GITY INTEREST I(we), the undersigaed, constituting a majority of the owners (or their legaily designated representatives) of the abutting properties, do hereby petition the Council of the CiTy of Saint Paui to vacate its interests in the property(ies) legally described as follows: (SEE ATTACHMENT A) I(we) request this vacation for the followiag.reason(s). (Indicate whether you will be bailding on the site.) l. To create a single parcel; and 2. To accomodate building tenant. (No construction is planned for the site) I(we) have attached six copies of the site plans of any development intended for construc6on on the (ands to be vacated. n/ a Person(s) responsible for payment of vacation fee and for acceptance of the terros and conditions of Contact Person the vacation: Name: Michael A. Rozman Phoae: ( 612 ) 333-3155 Address: 800 Washington Ave. N. ,#502 Minneapolis, MN 55401 Name: Phone: Address: Carroll Ave. Corp. and Mark Arth, 308 North Snelling Co. Alternate Contact Person Name: Phone: Address: Name: Phone: Address: Name: PLone: Address: Name: Phone: Address: Signatnres of Owner(s)/Representaflve(s) Michael A.�R�pzman Attorney f r�Carroll Ave. Corp of Saint Paul, a Minnesota Corporation �� U✓V4Zi .y Mark A� Carroll h - President Corp of Saint Paul Micbae`� �A�. Rozman Attorney�or 308 North Snelling Company, a Minneso � �k� Mark Arth - President 308 North Snelling Company k Art of Property(ies) Described Below: �` �I� Lots 10. 11 and 13. Block 2. SnellinQ Park, Ramsev Countv. Minnesota. Lot 12, Block 2, Snelling Park, Ramsey County, Minnesota. am the petitioner, or one oflhe petitioners in We above matter; and I do hereby swear and verify that each of the signatures on this petition was signed ia my presence by the gerson described in the petition. , �v Petitioner Mark Arth s �rras�„ . ;��i ��'"`�n.s+. _ �.�,. Subscribed and swom co before me this �� a8y or �J�S , zo O�o � No My commission expires ( J j �O �y �Lf�' Pronosed Le�al Descrintion For Allev: That part of the East half of the alley located in Block 2, Snelling Park, lying North of the South line of Lot 13, Block 2, Snelling Park, extended West; and lying South of the North line of Lot 13, Block 2, Snelling Park extended West. That part of the West half of the alley located in Block 2, Snelling Park, lying North of the South line of Lot 12, Block 2, Snelling Park, extended East; and lying South of the North line of Lot 10, Block 2, Snelling Park, extended East. ATTACHMENT A � -��, �� ° F �, ° �—� title of minnesota CERTIFIED OINNERSHIP REPORT July 17, 2006 Michael A. Rozman, ESQ. 800 Washington Avenue North Suite 502 Minneapolis, Minnesota 55401 To Whom it May Concern: D� 1700 West 82^= Street, Smte 100 Blooming[on, MN 55431 952-888-6353 952-888-7314fax www stewartmn com Stewart Title ot Minnesota, Inc. does hereby certify that a search of Ramsey County, Minnesota tax records discloses that, as of March 28th, 2006, the owners of the properties abutting the public right-of-way described as the North-South alley in Block Two (2), Snelling Park are as follows: Leqal Description: Propertv is: Fee Owner: Fee Owner Address: Lots 10, 11 antl 13, Block 2, Torrens Snelling Park, Ramsey County, Minnesota. Carroll Ave. Corp of St. Paul, a Minnesota Corporation 319 Ramsey Street, St. Paul, Minnesota 55102 Lot 12, Block 2, Snelling Park, Torrens 308 North Snelling Mark Arth Ramsey County, Minnesota. Company, a Minnesota 319 Ramsey Street, Corporation St. Paul, Minnesota 55102 This report represents the professional opinion of Stewart Title of Minnesota, Inc. regarding ownership of the above described properties, it is not intended, nor shall it be construed, as a guarantee of title. Stewart Title of Minnesota, Inc. assumes no liability for errors or omissions. Sincerely, Jeremy Weestrand Licensed Abstractor Stewart Title of Minnesota, Inc. (12/8/2008)�Jean Borgen - RE� Vacation�16 2008 --- � � -- - -- - , _ � � _-- � _ Pa9?_?;i �J ( � "I �"J From: "David Urke" <David.Urke@districtenergy.com> To: "Jean Borgen" <Jean.Borgen@ci.stpaul.mn.us> Date: 11/24/2008 9:28 AM Subject: RE: Vacation 16-2008 CC: "Bruce EngelbrekY' <Bruce.Engelbrekt@ci.stpaui.mn.us> Yes, our response is the same with the attachments provided. David L. Urke, P.E. Project Manager ---Original Message-- From: Jean Borgen (mailto:Jean.Borgen@ci.stpaul.mn.us] Sent: Friday, November 21, 2008 532 PM To: David Urke Cc: Bruce Engelbrekt Subject: Vacation 16-2008 Please do a quick review of the attached response, your reply to our inquiry of the same vacation area from almost two years ago. It is a part of an alley within the block east of Snelling and north of Carroll Ave. If nothing has changed that would affect your response, let us know. A quick email response to bruce.engelbrekt@ci.stpaul.mn.us would be sufficient. Just reply, "yes, our response is the same," Or, our response is different so I'll fill out and return the enclosed "Reply to Vacation Inquiry." Thanks for your help. A reply by Dec 5th is appreciated. Jean Borgen City of Saint Paul Tech Services - Real Estate 25 West 4th St., Suite 1000 Saint Paul MN 55102 Ph. 651-266-8866 Fx. 651-266-8855 To: Jean Borgen From: �`�—�� Reply to Vacation Inquiry DAVID L. URKE, P.E. File # 19-2006 City of St. Paul PublicWorksTechnicalSvcs ISTRICT ENERGY ST. P UL PhoneY. 266-8866 Phonen 651-297-8955 Fax� 266-885� Fax^ 651-298-0843 We have no obiections to this vacation We will approve this vacation, subject to the following conditions: For the following reasons, we cannot approve this vacation: THIS FORM IS TO VACATE STREET RIGHT OF WAY ONLY: Part of the alley as extends North from Carroll Avenue and East from Lot 9 to the eastern edge ofi,ot 13. XX �� ❑ DISTRICT ENERGY ST. PAUL, INC., AND DISTRICT COOLING ST. PAUL, INC., HAVE NO EQUIPMENT IN THE AREA TO BE VACATED AND HAVE NO OBJECTION TO THE VACATION. I , ; , � ��'! � � ;l�i� �o Signed DAVID L. URKE, P.E. f /� PROJECT MANAGER " �t SEPTE�BER 20,2006 Date .� INC. b�-�t15 CERTIFICATE OF INTENDED NON-USE THE HONORABLE MAYOR AND MEMBERS OF THE COLTNCIL OF THE In the Matter of: CITY OF SAINT PAUL Vacation File # 19-2006 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: Part of the alley as extends North from Carroll Avenue and East from Lot 9 to the eastern edge ofLot 13. DISTRICT ENERGY ST. PAUL, INC., AND DISTRICT COOLING ST. PAUL, INC., HAVE NO EQUIPMENT IN TNE AREA TO BE VACATED AND HAVE NO OBJECTION TO THE VACATION. except as here noted: STATE OF MRVNESOTA � COUNTY OF � a�f e+�/ Q �.,,�. S2PiF.i;.C'[ ��q.a.�.N S�VL"�''-'"�__qy �JYN-�� -� r��6�r-? c� c�'s.e_ s. 5+• l��Q_ � Its: n — U t c¢� U �^ �s � c�v..,.�' ��-. S t Signature The foregoing instrument was acknow7edged before me this �IJ r day of ��QA+'� � 20 0� ar 1�'\ '�na..e�_ � wr n s `rn c. �� c.a_ '�r e c�c� l' o'T �.p a..ya�t\ aYi s of ��,�`��/' � eAfw�. LO. a ', In �� 1 4� ( �� '�iDa+�-V./' � under the laws of the Sta[e of Minnesota. . � � Notary Public � c3{'�g•—�� G's�- TRUDY L.SHERWOO� NOTARY PUBLIC-A41NP�SOTA My commiss�on expires �� 3 �T � O PAY COk7PA1SSION RET ,��FE� TO 1000 CITY HAI,L ANNEX, 25 W. 4` St., ST, ST. PAUL 0 Reply to Vacation Inquiry File # 19-2006 ro: Jean Borgen J S� From: � I �jw�c45 (��U'��J City of St. Paul Public Works Technical Svcs Phone � 266-8866 phone I! F�u 266-8855 F�� We have no obiections to this vacation � We will approve this vacation, subject to the following conditions: n Far the following reasons, we cannot approve this vacation: ❑ THIS FORM IS TO VACATE STREET RIGHT OF WAY ONLY : Part of the alley as extends North from Carroll Avenue and East _from Lot 9 to the eastern edge of Lot 13. s��,ea /�o / � Date b�- �1� CERTIFICATE OF INTENDED NON-USE THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF SAINT PAUL In the Matter of: Vacation File # 19-2006 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: Part of the alley as extends North from Carroll Avenue and East from Lot 9 to the eastern edge of Lot 13. except as here noted: Comcast STATE OF M[NNESOTA COUNTY OF Chisago [J Its: Construction Manager Signature � The foregoing instrument was aclmowledged before me this 9� day of October . 2006 ay: Duane Cazlson tt,e Construction Manager o£ Comcast a Pennsylvania Cor . under the Iaws of the State of M� SC07T CiiARLES RUPPERT xotar� P�bi« Notary Pubtic � ;, �fl�nnggpt� Mycommissionexpires: Janu 31��2008 : ' a �` __�.,..;�a�Jaa+�a�13 RETURN SIGNED NOTARIZED COPY TO 1000 CITY HALL ANNEX, 25 W. 4�' St., ST, ST. PAUL MN 55102 oy- �l� ��. � � iT.4�.�'S MCI Communications Services, Inc. 12/O1/2008 CITY OF SAINT PAUL Jean Borgen 25 W. 4th Street, Suite 1000 Saint Paul, MN 55102 OSP Nanonal Support / Investigattons 2400 No[th Glen�ille R�chardson, TX 75082 RE: FILE 19-2006 —(OLD MCI ID: 5819-2006) ALLEY VACATION REQUEST — ALLEY EAST OF SNELLING AVE. AND NORTH OF W. CARROLL AVE. — Saint Paul, Ramsey, Minnesota MCI ID: 7073-2008 Dear Sir or Madam: MCI has been notified by your o�ce regarding the above referenced project. For yow records, in reviewing the area in question, it has been determined that MCI does not have facilities within yow project area. You should address correspondence concerning any future projects to the attention of OSP National Support/Investigations at the above address. If you need further assistance with tbis project, please do not hesitate to call. Sincerely, � 7ohn Bachelder OSP Narional Support / Invesiigations (972)729-6016 F�mmum_Nn Fo�:lirioc -�„M.,,_ _,�....�.�rr� W � MCI Network Services, Inc. 09/13/2006 CTTY OF SAINT PAUL Jean Borgen 1(l00 City Hall Annex Saint Paul, MN 55102 v"�' �11"l� OSP Natiooal Support / Int�estigations Dept 42864 Loc i01 2400 North Glen��ille ILcLardsort, TX 75052 RE: FILE 19-2006 — ALLEY VACATION REQUEST — BETWEEN W. CONCORDIA AVENi7E AND W. CARROLL AVENUE — St Paui, Ramsey, Minnesota MCI ID: 5819-2006 Dear Sir or Madam: MCI has been notified by your o�ce regarding the above referenced project. For your records, in reviewing the area in quesrion, it has been determined that MCI does not have facilities within your project area. You should address correspondence concerning any future projects to the attention of OSP National Support/Invesfigafions at the above address. If you need further assistance with this project, please do not hesitate to call. Sincerely, Bachelder OSP Nationa7 Support / Invesrigations (972)729-6016 Fa�amant_Nn Faril;ti�.e dnr --- _- I (12/812008) Jean Borgen - VACATION 16�2008 � � � �� Page � �� ! � From: To: Date: Subject: "Frankfurth, Thomas" <Thomas.Frankfurth@qwest.com> <Jean. Borgen@ci.stpaui. mn. us> 11 /24/2008 9:08 AM VACATION 16-2008 JEAN THE RESPONSE IS THE SAME AS YJE FIRST ONE. This communication is the property of Qwest and may contain confidential or privileged information. Unauthorized use of this communication is strictly prohibited and may be unlawfui. If you have received this communication in error, please immediately notify the sender by reply e-mail and destroy all copies of the communication and any attachments. -- ---- r (12/8/2008jJea'n Borgen - RE: Vacation�l6-2008 __ _ _ � � __ - - ...._. _. _ . .. . _ _ _ Page 1 � �I� From: "Ruppert, ScotY' <Scott_Ruppert@cable.comcast.com> To: "Bruce EngelbrekP' <Bruce.Engelbrekt@ci.stpaul.mn.us> Date: 11/24/2008 8:20 AM Subject: RE: Vacation 16-2008 CC: "Jean Borgen" <Jean.Borgen@ci.stpaul.mn.us> "yes, our response is the same;' Scott Ruppert Construction Rep, (Twin Cities Region) 2611 Fairview Ave N Roseville, MN 55113 Phone 651-493-5127 Fax 651-493-5116 Ce11651-755-2580 ----Originai Message----- From: Jean Borgen [mailto:Jean.Borgen@ci.stpaul.mn.us] Sent: Friday, November 21, 2008 5:30 PM To: Ruppert, Scott Cc: Bruce Engelbrekt Subject: Vacation 16-2008 Please do a quick review of the attached response, your reply to our inquiry of the same vacation area from almost two years ago. It is a part of an alley within the block east of Snelling and north of Carroll Ave. If nothing has changed that would affect your response, let us know. A quick email response to bruce.engelbrekt@ci.stpaul.mn.us would be sufficient. Just reply, "yes, our response is the same," Or, our response is different so I'll fill out and return the enclosed "Reply to Vacation Inquiry." Thanks for your help. A reply by Dec 5th is appreciated. Jean Borgen City of Saint Paul Tech Services - Real Estate 25 West 4th St., Suite 1000 Saint Paul MN 55102 Ph.651-266-8866 Fx.651-266-8855 �1�..-� t, S 1 Reply to Vacation Inquiry File # 19-2006 We have no objections to this vacation. To Jean Borgen r �� m � �M �.� �t�'� t� � Fi.cR.i�-} City of St. Paui Public Works Technical Svcs Phoue# 266-8866 pho°e# (� F� � 266-8855 Fax # We will approve this vacation, subject to the following conditions: For the following reasons, we cannot approve this vacation: THIS FORM IS TO VACf1TE STREET RIGHT OF WAY ONLY : ❑ � \ Part of the alley as extends North from Carroll Ave�iue and East from Z,ot 9 to the eastern edge of Lot 13. f 7� .��1 -�ASL(Ylt' nDT ia?ouLb tJ�1� \�. � �2dfi�l � � f� Q� �S� �'XZ S'TT�J� �A�iLiT'S�S �-rJ "Tl-�� `�� a - �a S-z J (��Tsa ,� �1 L' �l'�- . .L � ��Dd7 T_ i Z�,� /�-LL � `�(�� s i �-� � �' �J c��.,,�b �� 'n/ '�v,J{�i��i Lt�2 i tf �� L�� -� `i ��- i �U�� i d `�� `? � Lc� ��4- � "�' i� �X�" �� . cJ � � �� -� ,�-� � �� .s � Signed l�-Z Date ; 1r:.a:�. �" U-�'� CERTIFICATE OF INTENDED NON-USE 'THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF SAINT PAUL . �► :_,' In the Matter of: Vacation File # 19-2006 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: Part of the alley as e�ends North from Carroll Avenue and East from Lot 9 to the eastern edge of Lot 13. except as here noted: .. f�,'_i�S"i � �.L�� r�U��F�l1lv� Its � J��n��v/L ��5� �t�"!«�E, � � U sTn�rE oF Signature MINNESOTA � COt QF ; LtJI'SL-IING i2:/v The foregoing inswmen[ was acknowledged before me [his �/ nt day of 'v� � �� — 20�� R� I vm ��K.�rU( TN� S�ti�c �i �s,c�J C�1',��1,=�,Z of L�i.i�S� �;2Po�'1+7r�,� u�aer LWDAA..IUQ�ELICH �, � Notary Public-Minnesota My Commission Expiras Jan 31, 2010 ��.c ( - AP�'c��TUN� NoEary Public ��e� (�- 7T u-�-�� l �2[� r v My commission expixes � Pr� RETURN SIGNED/NOTARIZED COPY TO 1000 CITY HALL ANNEX, 25 W. 4 St., ST, ST. PAUL MN 55102 --,.__ -_ . �(12%8%2008) Jean Borgen - RE Vacation 16-2008 � � � � �� Page 1: �t-L1-15 From: To: Date: Subject: CC: 24NOV2008 "Blomquist, Kathleen A" <Kathleen.A.Blomquist�a�ccelenergy.com> "bruce.engelbreckt@ci.stpaui.mn.us" <bruce.engelbreckt@ci.stpaul.mn.us> 11/24/2008 11:11 AM RE: Vacation 16-2008 Jean Borgen <�ean.Borgen@ci.stpaui.mn.us> Bruce & Jean: I had a distribution field designer check this out this morning. It is our opinion that easement rights in this matter must be retained. Thank you, Kathy Blomquist Siting & Land Rights XCEL ENERGY 612.330.5604 FAX: 612.573.4037 -----Original Message----- From: Jean Borgen (mailto:Jean.Borgen@ci.stpaul.mn.us] Sent: Friday, November 21, 2008 539 PM To: Blomquist, Kathleen A Cc: Bruce Engelbrekt Subject: Vacation 16-2008 Please do a quick review of the attached response, your reply to our inquiry of the same vacation area from almost two years ago. It is a paR of an alley within the biock east of Snelling and north of Carroll Ave. If nothing has changed that would affect your response, let us know. A quick email response to bruce.engelbrekt@ci.stpaul.mn.us would be sufficient. Just reply, "yes, our response is the same," Or, our response is different so I'll fill out and return the enclosed "Reply to Vacation Inquiry." Thanks for your help. A reply by Dec 5th is appreciated. Jean Borgen City of Saint Paul Tech Services - Real Estate 25 West 4th St., Suite 1000 Saint Paul MN 55102 Ph.651-266-8866 Fx. 651-266-8855 To: Jean Borgen Reply to Vacation Inquiry File # 19-2006 We have no obiections to this vacation City of St. Paul Public Works Technical Svcs Phones� 266-8866 F�� 266-8855 We will approve this vacation, subiect to the following conditions: For the followin� reasons, we cannot approve this vacation: From K� / H� ��a XCEL _„_� Fax THIS FORMIS TO YACATE STREET RIGHT OF WAY ONLY • Part of the alZey as extends North from CaYroll Avenue and East frorn Lot 9 to the eastern edge of Lot 13. Provided, however, that easemerrt rights be resen!ed in favor of Northern States Power Company d/b!a Xcel Energy within the entire area"of the alley subject to Vacation #19- 2006, for existing electric facilities located therein, the approximate location of which facilities are shown on the attached system map. To provide a Iegal description of the facilities, Xcel Energy will need to prepare a survey. PLEASE PROVIDE A COPY OF THE ADOPTED RESOLUTION WHEREIN THE DESCRIBED RIGHTS ARE RESERVED. Signed a � /�— �` �� Date � � �� r1� �i- �J� �.��.SIDaBtvo�ldCme.E�cmclfxasltand.o°,;QA�'.� - ;�rY�..�.. �. -'" c:: �.-,-.-::> , " t � -#'�-.• Y�.= ��.,+._.'�..'.,�� . .,........ a _. -.�a,_. r.-_.r ,v :. .-..,_--•- .__.� t..� a *.. _:� .n-._,. R::=�=Re21�'71�3�I��f�� J��'.�( : Sep.14. 2006 9:19AM Xcel Energy Rice St. 3rd Fl ro: Jean Borgen Reply to Vacation Inquiry File # 19-2006 No.423h P. 4 DA+� Wo��4a� �/° I �'I1 �1 City af St. Paul Public Warks Technicsl Svcs y.C.,�.(_ � ehone� 266-$866 phO^0# F�� 266-8855 F�� r,Sl- �3 We have no obiections to 8us vacation .,PG I We will annrove this vacarion, subiect to the followinr condiiions: ` n� For the followin� reasons, we cannot aptirove tltis vacation: ❑ TFIIS FO�'IS TO YACATE 5TREET RI'GHT OP W,�1 X ON.GX : Part of the alley ar extends North from Carroll Avenue and East from Lot 9 to the eastern edge ofLot 13. -__l�'--`�� Date �- . - -� _ JEan Borgen ;Re Proposed Alley Vacafion 19-2006 _ p , Pa�e 1_� � .� ._.�r — - - �- oy—�i� From: Tom Beach To: Borgen, Jean Date: 9/18l2006 3:0838 PM Subject: Re: Proposed Alley Vacation 19-2006 LIEP has no objec6ons to the proposed vacation. (I am not sure what Public Works thinks about creating a dead end alley, especially since I do not see a provision for a turn-around at the end. But that is a Pubiic Works issue and I will let them deai with that.) Tom Beach LIEP 8 East 4th Street Suite 200 Saint Paul, MN 55101 651-266-9086 (phone) 651-266-9124 (fax) tom.beach@ci.stpaul.mn.us (email) »> Jean Borgen 9/12/2006 11:01 AM »> Attached is information related to the petition of Carroll Avenue Corporation to vacate the City's interest in a part of the ailey between Concordia and Carroii Avenues: 1) Vacation request letter (MS Word) 2) inquiry repiy form (second page of request letter) 3) Certificate of Intended Non-Use (third page of letter) 4) Reference Map (bitmap format) Please review and reply at your earliest convenience, but preferably no later than September 22, 2006 if at aIl possible. If you have questions, or if you cannot open the attachments, please reply via email or call me at 651-266-8866. Thank you, . Jean Borgen Tech Svcs - Real Estate 25 W. 4th St., Ste 1000 St. Paul MN 55102 Ph 651-266-8866 Fax 651-266-8855 __ � M. � Jean�Borg Re� Fwd �Pro Alley Vac 19-2006 Part 2 _,_ ___ __ _� .__ Page 1 j �� - . - = ._ _ �(' �� From: Steve Zaccard To: Borgen, Jean Date: 9/2812006 11:27:45 AM Subject: Re: Fwd: Proposed Alley Vac 19-2006, Part 2 FIRE approves this. Thank you. Steve Zaccard, Fire Marshal Dept. of Fire 8 Safety Services 100 E. 11 th St. Saint Paul, MN 55101 651-228-6201 Office 651-228-6247 Fax 672-880-5779 Pager »> Jean Borgen 9/27/2006 3:44 PM »> Could I please get a written response for this proposed vacation? Petitioner will be required to provide a turnaround on his property, at his expense, to Public Works specifications. Thank you, Jean Borgen Tech Svcs - Real Estate 25 W. 4th St., Ste 1000 St. Paul MN 55102 Ph 651-266-8866 Fax 651-266-8855 »> Jean Borgen 9/12l2006 11:13:56 AM »> I'd like to amend the purpose for this alley vacation. The petitioner states as his reasons: 1) to create a single parcel, 2) to accomodate building tenant. No construction is planned for the site. Aiso, note to Fire & Safety Dept: Have spoken with Leanna Shaff & reviewed Fire's requirements for alley vacations. Because of the depth of the lots, less than 150', iYs our understanding that your access requirements would be met. If there's need to adjust the vacated area, please let me know. Thanks, Jean Borgen Tech Svcs - Real Estate 25 W. 4th St., Ste 1000 St. Paul MN 55102 Ph 651-266-8866 Fax 651-266-8855 09/20/2006 11:06 6512927405 ST PAUL PARKS &�EC PGGE 05/06 ro: Reply to Vacation Inquiry Filt # 19-ZOOB a7,one � Fax # Wc have no objections to this vacation Jean $or�eo City of SC Paul Works Technical Svcs 2G6-886G 266-8855 We will approve this vacation, sub,ject to thc followinQ conditions: For the followin� reasans, we cannot approve this vacation: THIS FOitMIS TO VACAT'E S�'ItEET ItIGl3T OF Wi�Y ONLX : Part of the alley as exte�ids North from Cnrroll Avenue a�¢d Bast frmn 1 ot 9!o the eoctern edge of,Lot 13. Sigzx ^ �• ZO-D� J�ate �/o� j D`t � �k /7/zt�flnr � �A�S Phonc # �� y Fax X � � �, f/�E� � AAA . /; � . . ��:�-I�1� Interdepartmer�tal M�morandum. CITY OF SAIISI' PAUL DATE TO: -�l,�-v� i) ��IY/'1 � ��+�e�� _ CDTSTRICT PL NER) r_ /� � -��r � ' �� Vacation Request No. ��/ �%,,.;,��.� The attached vacafion request was received by the Planning Diyisioq on��'�+ ei9! Please review and return coqunents or recommendations.Co me by_ � that I may prepaze the Divisions recommendations. �� ' �ONING SECTION: Is this Vacation proposal aiso tied fo a rezoning or lariance request? YES NO If yes, explain,beIow: • STAFP COMMENTS� OR RECOMMENDATIQNS: �' Z 1 � (� �a T � (- �-c, q, �J(b �i �,t..+v� G�v..`,c.l S � �.��o J �- � � .. V r( � ` � `� - i"'i t6V.t.r �f � S 6`!'t" L�;'� �� In '�.L ' �. �,,,,�u �-e, a..� `(�uf" l e�` w v.�. ��L,� =}= (n a� � l l r.� - A,�ws s. 1'�- � s z,,,,,c�Q R! -( a,,..�( � _/�- p . - . . � �'ln.�.n f �e . 1'`C S ! c�e,.,�'i' � �r1 f t�q �„ 'r . Cb�ri.l f,� a �'�° �Lt V �t �;' ;,fc�i,. �'-'/ Planners are to return the reviewed vacation request to Allan Torstensori �� c�zr.s (Zo�i�ig �Ia�ager). : � ; � - Donna, Penny, and Lucy, • ; - ' Real Estate has cfianged their form to nof request a specific date far refurn af the information from _PED. That is why i ha've not filled in that line on the cover sheeE ! attach to the vacation request that gets circulated to you. . AIPARP rnnhinne 4n Y�irn fhoee �rni�nrl ocan oc ....� � I,e.�o In fL,> ..-��+ . . � � . _ - - . ,. _ . --- -- (1!7/2009) Jean Borgen - Re: Vacation 19 2006 and 16 2008 ' Page 1:i 09- � (� From: Greg Pye To: Jean Borgen Date: 1/7J2009 11:59 AM Subject: Re: Vacation 19-2006 and 16-2008 Jean: At this time, my position remains the same as it was back in October, 2006. My notes contain an e-mail that I sent to you on 10-25-06. After meeting with the petitioners, they agreed to three conditions and I would-support their request to vacate the alley extremity once said conditions are formalized. This new "request", for lack of a better term, is now mntrary to what they agreed to do. The "hammerhead" construction is contrary to what they agreed to do. Therefore, I oppose the proposal for a"hammerhead" alley terminus and stand by the position of the developer meeting the originaily agreed upon three mnditions. Please call if you have more questions. Thank you for your attention to this matter. Senior Commander Gregory P/e Gry Wide Services Saint Paul Police Department 367 Grove Street Saint Paul, Minnesota 55101 651-266-5999 FAX 651-266-5852 »> Jean Borgen 12/29/2008 9:10 AM >» Sc Commander Pye, . You may remember this situation. See page two of atta�hment. In 2006 you met with the petitioner on site to determine what were the minimum requirementr of the Police Department. It was determined that a lighted cul-de-sac would suffice. Then, with all utilities and departments agreeing, some with Pestrictions (i.e. Police) or retaining easements, the resolution went before Council and failed. Fast fonvard...... Petitioner is currently suing the city because the vacation was denied. Arbitrator on the case has recommended that City and petitioner try to come to an agreement. Here is my question to you: Would you consider a hammerhead tumaround situation? If you would, Real Estate can offer some sketches for conside2tion. If not, and certainly understandable if your reasoning hasn't changed, does the attached cul-de-sac proposal ("possible new IayouY') still meet your requirements? Please call if you need more information. Thanks, Jean Jean Borgen City of Saint Paul Tech Services - Real Estate 25 West 4th St., Suite 1000 Saint Paul MN 55102 Ph.651-266-8866 Fx. 651-266-8855 r.-� .� _ _ ,on # 19 2006 � � � �''— . _ �.,. _ Page 1 ; From: i To: / Date: � Subject: f "greg.pye" <greg.pye@ci.stpaul.mn.us> <jean.borgen@ci.stpaul.mn. us> 10/25/2006 12:15:47 PM Vacation # 19-2006 � Jean: 1 met with the property owner, Mr. Arth, and his real eshate j representative, Mr. Melander, on 10-10-06. I listened to their statements. i aiso gathered some "crime prevention" data. SPPD will approve this request with the following conditions: (1) a"tum-around" (large enough for fuil sized vehicles to turn 180 degrees without stopping) is estabiished at the west end of the alley; (2) none of the property owners on the north side of Carroll between Aldine and Snelling with property abutting the alley object to this becoming a"dead end" alley; and (3) the property owner acquiring the alley once it is vacated will install and maintain a pole/light (similar to a standard telephone pole with sodium vapor light) to illuminate said "turn-around". Please call if you have any questions. Thanks. Senior Commander Gregory Pye City Wide Services Saint Paul Poiice Department 367 Grove Street St Paul, MN 55101 phone: 651-266-5999 fax: 651-266-5852 �� ro: Jean Borgen From: Colleen Paavola Reply to Vacation Inquiry �� Fite # 19-2006 City of St. Paul City of St. Paul Public Works Technical Svcs Public Works Phone# 266-8866 Phone# 266-8866 FaC# ZE)E)-BgSS Fac# We have no obiections 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: Part of the alley as extends North from Carroll Avenue and East from Lot 9 to the eastern edge ofLot 13. 1) That the petitioner shall dedicate a turn-around area as shown on the attached drawing and shall submit a survey drawing and description of said area being dedicated. 2) That the petitioner shall construct the alley turn-around under a permit issued by the Department of Public Works Street Engineering. 3) That the petitioner shall reconstruct both ends of the vacated area to the satisfaction of the Department of Public Works, including but not limited to new curb and boulevard. � 0 � a,-C�`t'�— ��/.___�- � . �� ° Signed Date � J CERTIFICATE OF INTENDED NON-USE THE HONORABLE MAYOR AND MEMBERS OF THE COUNCII. OF'I'HE C1TY OF SAINT PAUL :�., - ,>,•;:; -,,��: _ Saint Paul Re 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: Part of the alley as extends North from Carroll Avenue and East from Lot 9 to the eastern edge of Lot 13. except as here noted: STATE OF MINNESOTA COUNTYOF RAMSEY �� Its: General In the Matter of: Vacation File # 19-2006 Water Services Signature Ste en P. Schneider Theforegoinginshvmentwasacknowledgedbeforemethis 12th dayof September , Zp06 B Stephen P. Schneider, General Manager Saint Paul Regional oc Water Services a municipal corporation unde� the ]aws of [he State of Minneso[a. . Notary Public � �" � �:�. JANET M. LINDGREN Mycommisv nexpire�y ��/ �'�� NO7ARY PUBLIC - MINNES07A ' RETU F�� CO Y TO 1000 CITY HALL ANNEX, 25 W. 4` St., ST, ST. PAU �,2oto