99-331 (2) 1 ,
3
I �
STATE OF MINNESOTA ) 7 P t*' 20
COUNTY OF RAMSEY ) ss.
CITY OF ST. PAUL ) -`?'FTY RECORDER
ca
ao
I, Shari Moore, Deputy City Clerk of the City of Saint Paul, Minnesota,
C."
do hereby certify that I have compared the attached copy of Council File No.
99-331 as adopted by the City Council on April 14, 1999 and approved by
the Mayor on April 20, 1999 with the original thereof on file in my office.
I further certify that said copy is a true and correct copy of said
original and the whole thereof.
WITNESS, my hand and the seal of the City of Saint Paul, Minnesota
this 9th day of July, 1999.
DEPUTY CITY CLERK
RETURN W
/?o &-. 41"146-(2-k
1
Return copy to: n 3255865 Council File # qq-33
Real Estate Division O R �-i N A
140 City Hall Green Sheet # C 3G°1
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA 3
Presented By
Referred To Committee: Date
•
1 BE IT RESOLVED, that, upon the petition of James Denno, as documented in Finance Department
2 File Number 20-1998, public properties hereinafter described are hereby vacated and discontinued as
3 public property.
4
5 The property to be vacated is described as follows:
6
7 that part of Hoyt Avenue lying westerly of a line running from the southeast corner of Lot 1, R.
8 C. Witt Addition to a point on the north line of Block 1, Morton's Addition distant 30.15 feet
9 easterly of the northwest corner of Lot 19, said Block 1, and easterly of the southeast line of the
10 Minnesota State Bike Trail (formerly the right-of-way of the Soo Line Railroad Company).
11
12 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the
13 Saint Paul Legislative Code as amended, and to the following conditions:
14
15 1. That the petitioner's, their successors and assigns shall pay $500.00 as an administrative fee for
16 this vacation which is due and payable within 60 days of the effective date of this resolution.
17
18 2. That a permanent utility easement shall be retained on, over, under and across the vacated area on
19 behalf of the City of Saint Paul, Department of Public Works to reserve the right of the City to
20 maintain and operate any sewer in or upon said easement and to enter upon said easement or any
21 portion thereof at any time and from time to time, for the purposes of future construction,
22 reconstruction, inspecting, maintaining or repairing the same or any part thereof. Said utility
23 easement shall be subject to the following conditions:
24
25 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any
26 other objects that will prohibit normal access to utility facilities for maintenance purposes
27 will be permitted within the easement area.
28
29 h. Improvements in or upon the above described easement that do not prohibit the City from
30 exercising its reserved rights may he allowed by obtaining written permission from the
31 Department of Public Works Sewer Division with the understanding that the restoration
32 and costs of such improvements shall be the sole responsibility of the petitioner, its
33 successors and assigns in the event the City exercises its reserved easement rights.
34
ENTERED IN TRANSFER RECORDS
7-lZ 19
DIRECTOR,PROPERTY TAXATION
Ramsey County, Minnesota
By' D
3255865
_331
c. No change from the existing grade within the easement area will be permitted without
2 written permission from the Department of Public Works.
3
4 d. No change in surfacing within the easement area will be permitted without written
5 permission from the Department of Public Works.
6
7 e. The petitioner, its successors and assigns shall indemnify, defend, and save harmless the
8 City of Saint Paul, its officers, agents, employees, and servants from all suits, actions, or
9 claims which shall arise from any injuries or damages received or sustained by any break
10 in any service pipe or connection in said reserved easement arising out of or resulting
11 from any action or negligence of the petitioner, its employees, agents, or business
12 invitees.
13
14 3. That a permanent utility easement shall be retained within the vacated area on behalf of the City
15 of Saint Paul, Board of Water Commissioners subject to the following restrictions:
16
17 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or
18 other object that will prohibit normal access to water facilities for maintenance purposes
19 will be permitted within the easement area,.
20
21 b. No change from the existing grade will be permitted without written permission from the
22 Water Utility.
23 .
24 c. No change in surfacing within the easement area will be permitted without written
25 permission from the Water Utility.
26
27 d. The petitioner, its successors and assigns shall fully indemnify, defend and save harmless
28 the Board of Water Commissioners, its officers, agents, employees, and servants from all
29 suits, action or claims which shall arise from any injuries or damages received or
30 sustained by any break in any service pipe, water main, or connection in said reserved
31 easement, arising out of or resulting from any action or negligence of the petitioner, its
32 employees, agents or business invitees.
33
34 4. That a permanent utility easement shall be retained within the vacated area to protect the interest
35 of.Northern States Power Company. •
36
37 5. That a permanent utility easement shall be retained within the vacated area to protect the interest
38 of U.S. West Communication, Inc.
39
40 6. That a permanent utility easement shall be retained within the vacated area to protect the interest
41 of MediaOne. Saint Paul, Inc.
42
43
44
3
3255865 olg _ '3
1 7. That the petitioners, their successors and assigns agree to indemnify, defend and save harmless
2 the City of Saint Paul, its officers and employees from all suits, actions or claims of any character
3 brought as a result of injuries or damages received or sustained by any person, persons or
4 property on account of this vacation or petitioners' use of this property, including but not limited
5 to, a claim brought because of any act of omission, neglect, or misconduct of said petitioners or
6 because of any claims or liability arising from any violation of any law or regulation made in
7 accordance with the law, whether by the petitioners or any of their agents or employees.
8
9 8. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this
10 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution
11 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in
12 all respects with these terms and conditions.
•
Yeas Nay s Absent
Benanav ✓ Requested by Department of:
Blakev t/' Technol0EV & Management Services
Bostrom ✓
Coleman ✓
IF 6,7„/_____
•
Harris ✓ By:
Lantry t✓ . Director
Reiter ✓ Form Approved by City Attorney
IIIIIIMIIIII MIME=
Adopted by Council: Date 1 '\ \y \c\gk By: f✓M
2"
Adopti n Certified by Council. Secretary
By: --i , ��_---,,__— Approve by Mayor for Submission to Council
Approved by Ma 'or: Date d ZO/ 1,'
' / it 'By: _ __w ...__L' = By: / ,(____/
APPLICANT NAME : JIWU> Den(\a .
VACATIONS CHECKLIST •
citizen in person or by mail Mayor
i4ct check for 5100 no check required
•
---- to gut receipt .
_ ut check number on
receipt and on petition write"paid
• S100" and check number
r
follow column a,then b follow column a,then b
{ date completed column a column b • date completed
—create file with _Meanwhile, have ~
property name, file Real Estate check that all
•
/1 —;,I-/—9 8 alphabetically in Fran's conditions have been J---,5--99
office
complied with
•
- • write transmittal letter Meanwhile,also
make copies of send copy of Resolution . .
f• •letter and vacation letter and letter to Public • • •
_ �� y =send original and Works requesting Mylar _ _
••
attachments to and prints—Rudy °� �f
Valuations Paczkowski or Linda
=place copy of letter Dickhut
and-attachments:.in•ftle •
�� wait for Ietter_Trom wait for return of Mylars
,� i Valuations with:ri of -/5-yy
publichearing-
• Prepare Public_Hearing _Prepare:3 packets:
Notic:Lfor.Lezal copy of acertined /a 9
Ledz n Resolution,.Mylar_or '
1 Make:copies of prints,rand•routing slips.
Notice__Send: f bstract.Ton-ens, or
3-?_ff _orignnal to Legal both
Ledger _take one packet and
one to Council blueprints to Land
Research Secretary Records and wait for it to
! _one to Real Estate be stamped
Director take Abso-act and/or
one in file 1 Orre.ns to Recorders
(Thce and put in T and/or •
A box with sta rimed land
records packet
Wait Ior Resolution to Wait for documents or
_33 I be adopted route slit) with document
(ICI number to cet back from
Apnj /41, /q99 Recorder
when Resolution is Print name of
adopted- make 5 copies: petitioner. short i legal
.•
send copy of descri tion. page
resolution. terms and number. and new
conditions. and letter vacation number into
14 -,)-(3—q9 recuesting S500 fee to Vacation book(toss old
Petitione
•
r i file).
! _Cu_public hearing I 11
1 I notice from L__al Ledge-
and paste into Vacation
Book with copy of
Resolution
{ {
_6---__- wait for fees and foils _NVnen rerlmc
e ,
3 .--y,9 to be returned DrepZ° new file with
• I i vacation number
•
take check and place all documents
copy of Resolution to in new vacation boxes in
.5---- 3-i9 Treasury Depart:nenf vault.
immediately
Treasury will return County Reccr ce-will
receipt to City Clerk's send bill for costs fo Cit-'
Office, but proceed to Clerk give to
person
next two steps while who handles bills.
waiting for this. 1 1
i
I Go to column b i finished i !
revised 3/97
•
Return copy to: Council File# 11—33t
Real Estate Division U R I GINA L
140 City Hall / Green Sheet# G 3 V1
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented By
Referred To Committee: Date
•
1 BE IT RESOLVED, that, upon the petition of James Denno, as documented in Finance Department
2 File Number 20-1998, public properties hereinafter described are hereby vacated and discontinued as
3 public property.
4
5 The property to be vacated is described as follows:
6
7 that part of Hoyt Avenue lying westerly of a line running from the southeast corner of Lot 1, R.
8 C. Witt Addition to a point on the north line of Block 1, Morton's Addition distant 30.15 feet
9 easterly of the northwest corner of Lot 19, said Block 1, and easterly of the southeast line of the
10 Minnesota State Bike Trail (formerly the right-of-way of the Soo Line Railroad Company).
11
12 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the
13 Saint Paul Legislative Code as amended, and to the following conditions:
14
15 1. That the petitioner's, their successors and assigns shall pay$500.00 as an administrative fee for
16 this vacation which is due and payable within 60 days of the effective date of this resolution.
17
18 2. That a permanent utility easement shall be retained on, over, under and across the vacated area on
19 behalf of the City of Saint Paul, Department of Public Works to reserve the right of the City to
20 maintain and operate any sewer in or upon said easement and to enter upon said easement or any
21 portion thereof at any time and from time to time, for the purposes of future construction,
22 reconstruction, inspecting, maintaining or repairing the same or any part thereof. Said utility
23 easement shall be subject to the following conditions:
24
25 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any
26 other objects that will prohibit normal access to utility facilities for maintenance purposes
27 will be permitted within the easement area.
28
29 b. Improvements in or upon the above described easement that do not prohibit the City from
30 exercising its reserved rights may be allowed by obtaining written permission from the
31 Department of Public Works Sewer Division with the understanding that the restoration
32 and costs of such improvements shall be the sole responsibility of the petitioner, its
33 successors and assigns in the event the City exercises its reserved easement rights.
34
q9 -331
1 c. No change from the existing grade within the easement area will be permitted without
2 written permission from the Department of Public Works.
3
4 d. No change in surfacing within the easement area will be permitted without written
5 permission from the Department of Public Works.
6
7 e. The petitioner, its successors and assigns shall indemnify, defend, and save harmless the
8 City of Saint Paul, its officers, agents, employees, and servants from all suits, actions, or
9 claims which shall arise from any injuries or damages received or sustained by any break
10 in any service pipe or connection in said reserved easement arising out of or resulting
11 from any action or negligence of the petitioner, its employees, agents, or business
12 invitees.
13
14 3. That a permanent utility easement shall be retained within the vacated area on behalf of the City
15 of Saint Paul, Board of Water Commissioners subject to the following restrictions:
16
17 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or
18 other object that will prohibit normal access to water facilities for maintenance purposes
19 will be permitted within the easement area,.
20
21 b. No change from the existing grade will be permitted without written permission from the
22 Water Utility.
23 •
24 c. No change in surfacing within the easement area will be permitted without written
25 permission from the Water Utility.
26
27 d. The petitioner, its successors and assigns shall fully indemnify, defend and save harmless
28 the Board of Water Commissioners, its officers, agents, employees, and servants from all
29 suits, action or claims which shall arise from any injuries or damages received or
30 sustained by any break in any service pipe, water main, or connection in said reserved
31 easement, arising out of or resulting from any action or negligence of the petitioner, its
32 employees, agents or business invitees.
33
34 4. That a permanent utility easement shall be retained within the vacated area to protect the interest
35 of Northern States Power Company.
36
37 5. That a permanent utility easement shall be retained within the vacated area to protect the interest
38 of U.S. West Communication, Inc.
39
40 6. That a permanent utility easement shall be retained within the vacated area to protect the interest
41 of MediaOne, Saint Paul, Inc.
42
43
44
-
1 7. That the petitioners, their successors and assigns agree to indemnify, defend and save harmless
2 the City of Saint Paul, its officers and employees from all suits, actions or claims of any character
3 brought as a result of injuries or damages received or sustained by any person, persons or
4 property on account of this vacation or petitioners' use of this property, including but not limited
5 to, a claim brought because of any act of omission, neglect, or misconduct of said petitioners or
6 because of any claims or liability arising from any violation of any law or regulation made in
7 accordance with the law, whether by the petitioners or any of their agents or employees.
8
9 8. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this
10 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution
11 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in
12 all respects with these terms and conditions.
Yeas Nays Absent
Benanav ✓ Requested by Department of:
Blakey ,/ Technology& Management Services
Bostrom J ,/"_I
Coleman [ ✓ I Ciek
Harris L./ Y
B : -
Lantry t/ Director
Reiter ✓ Form Approved by City Attorney
11111111M11111111MM D ''//
Adopted by Council: Date {� \ 1 y \C\0 \ By: 1f✓ti+
■
Adopti n Certified by Council Secretary
By: Approve by Mayor r Submission to Council
Approved by Ma or: Date_ Y h/ i
Adt/
r A
CITIZEN SERVICE OFFICE
Fred Olvusu,City Clerk
P A,u L CITY OF SAINT PAUL 170 City Hall Tel.: 651-266-8989
Norm Coleman, Mayor 15 W Kellogg Boulevard Fax: 651-266-8689
Saint Paul,Minnesota 55102
AAAA
•••■
July 9, 1999
To: Ramsey County Recorder
Nis-/fa-ci.
Number Instrument Description Fees
CF #99-331 Resolution vacation of part of Hoyt Avenue
yS
r
32558 65
RAMSEY COUNTY RECORDER
BY
Contact Person: Shari Moore _
266-8686
CITY OF ST.PAUL RECEIPT # 1'06578
CASH RECEIPT PAGE 1
PREPARED BY: CORA ENTRY.DATE 05/03/99
DEPARTMENT: EXECUTIVE ADMINISTRATION DEPOSIT DATE: 05/03/99
ACCOUNT REFERENCE DEBIT CREDIT QTY
001*01300*2833 500 .00
JAMES DENNO-CH#5032 FOR VACATION OF
PUBLIC PROPERTY COUNCIL FILE #99-331
APPROVED 4/20/99
TOTAL CASH: 500.00
RECEIVED BY TREASURY: f �/ •
REPLACES TEMPORARY RECEIPT # :
1.
TITLE COMPANY PLirGA- DATE - I - -5 j
FILE NUMBER a9./. %sz.
CERTIFICATE Well Pre-
DOCUMENT NUMBER TYPE N MBER Filing Surcharge Copy Qty Cert. Record
1565083 as
Fax Total
565083 �..�i ) co s 30 9 3
TOTAL 3 9
DEPUTY (U)
CITIZEN SERVICE OFFICE
Fred Owusu,City Clerk
SP AA U NT L CITY OF SAINT PAUL 170 City Hall Tel.: 651-266-8989
tiOk Norm Coleman, Mayor 15 W Kellogg Boulevard Fax: 651-266-8689
Saint Paul,Minnesota 55102
AMA
July 9, 1999
To: Ramsey County Recorder
/0 rr-ns
Number Instrument Description Fees
CF #99-331 Resolution vacation of part of Hoyt Avenue
5"QO 59504
500 60.3
RAMSEY COUNTY RECORDER
BY
Contact Person: Shari Moore
266-8686
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CITIZEN SERVICE OFFICE
Fred Owusu,City Clerk
SAINT CITY OF SAINT PAUL 170 City Hall Tel: 651-266-8989
PAUL ty
Norm Coleman,Mayor 15 W.Kellogg Boulevard Fax: 651-266-8689
Saint Paul,Minnesota 55102
AAAA
rw�
May 5, 1999
Linda Dickhut
Department of Public Works
Room 800, City Hall Annex
Dear Linda:
Please prepare prints showing the vacation of that part of Hoyt Avenue in the City of St. Paul
as fully described in Council File 99-331.
Please be advised that the necessary acceptance and fee has been filed.
Sincerely,
Shari Moore
Deputy City Clerk
cc: Valuation Engineer
Technology and Management Services File No.20-1998
•
Return copy to: Council File # ¶1-331
Real Estate Division ORIGINAL
140 City Hall Green Sheet# G 3 CA
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA 31
Presented By 4,7(,)„ a
Referred To Committee: Date
1 BE IT RESOLVED, that, upon the petition of James Denno, as documented in Finance Department
2 File Number 20-1998, public properties hereinafter described are hereby vacated and discontinued as
3 public property.
4
5 The property to be vacated is described as follows:
6
7 that part of Hoyt Avenue lying westerly of a line running from the southeast corner of Lot 1, R.
8 C. Witt Addition to a point on the north line of Block 1, Morton's Addition distant 30.15 feet
9 easterly of the northwest corner of Lot 19, said Block 1, and easterly of the southeast line of the
10 Minnesota State Bike Trail (formerly the right-of-way of the Soo Line Railroad Company).
11
12 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the
13 Saint Paul Legislative Code as amended, and to the following conditions:
14
15 1. That the petitioner's, their successors and assigns shall pay $500.00 as an administrative fee for
16 this vacation which is due and payable within 60 days of the effective date of this resolution.
17
18 2. That a permanent utility easement shall be retained on, over, under and across the vacated area on
19 behalf of the City of Saint Paul, Department of Public Works to reserve the right of the City to
20 maintain and operate any sewer in or upon said easement and to enter upon said easement or any
21 portion thereof at any time and from time to time, for the purposes of future construction,
22 reconstruction, inspecting, maintaining or repairing the same or any part thereof. Said utility
23 easement shall be subject to the following conditions:
24
25 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any
26 other objects that will prohibit normal access to utility facilities for maintenance purposes
27 will be permitted within the easement area.
28
29 b. Improvements in or upon the above described easement that do not prohibit the City from
30 exercising its reserved rights may be allowed by obtaining written permission from the
31 Department of Public Works Sewer Division with the understanding that the restoration
32 and costs of such improvements shall be the sole responsibility of the petitioner, its
33 successors and assigns in the event the City exercises its reserved easement rights.
34
g9 .331
1 c. No change from the existing grade within the easement area will be permitted without
2 written permission from the Department of Public Works.
3
4 d. No change in surfacing within the easement area will be permitted without written
5 permission from the Department of Public Works.
6
7 e. The petitioner, its successors and assigns shall indemnify, defend, and save harmless the
8 City of Saint Paul, its officers, agents, employees, and servants from all suits, actions, or
9 claims which shall arise from any injuries or damages received or sustained by any break
10 in any service pipe or connection in said reserved easement arising out of or resulting
11 from any action or negligence of the petitioner, its employees, agents, or business
12 invitees.
13
14 3. That a permanent utility easement shall be retained within the vacated area on behalf of the City
15 of Saint Paul, Board of Water Commissioners subject to the following restrictions:
16
17 a. No buildings, structures,trees or any temporary structure, material storage, fixture, or
18 other object that will prohibit normal access to water facilities for maintenance purposes
19 will be permitted within the easement area,.
20
21 b. No change from the existing grade will be permitted without written permission from the
22 Water Utility.
23
24 c. No change in surfacing within the easement area will be permitted without written
25 permission from the Water Utility.
26
27 d. The petitioner, its successors and assigns shall fully indemnify, defend and save harmless
28 the Board of Water Commissioners, its officers, agents, employees, and servants from all
29 suits, action or claims which shall arise from any injuries or damages received or
30 sustained by any break in any service pipe, water main, or connection in said reserved
31 easement, arising out of or resulting from any action or negligence of the petitioner, its
32 employees, agents or business invitees.
33
34 4. That a permanent utility easement shall be retained within the vacated area to protect the interest
35 of Northern States Power Company.
36
37 5. That a permanent utility easement shall be retained within the vacated area to protect the interest
38 of U.S. West Communication, Inc.
39
40 6. That a permanent utility easement shall be retained within the vacated area to protect the interest
41 of MediaOne, Saint Paul, Inc.
42
43
44
°l9 -a3`
1 7. That the petitioners, their successors and assigns agree to indemnify, defend and save harmless
2 the City of Saint Paul, its officers and employees from all suits, actions or claims of any character
3 brought as a result of injuries or damages received or sustained by any person, persons or
4 property on account of this vacation or petitioners' use of this property, including but not limited
5 to, a claim brought because of any act of omission, neglect, or misconduct of said petitioners or
6 because of any claims or liability arising from any violation of any law or regulation made in
7 accordance with the law, whether by the petitioners or any of their agents or employees.
8
9 8. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this
10 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution
11 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in
12 all respects with these terms and conditions.
•
Yeas Nays Absent
Benanav Requested by Department of:
Blakey I ,✓- Technology & Management Services
Bostrom II
Coleman II ✓ I C?e — 144,21Z--
Harris I 1 .1 By:
Lantry I ✓ Director
Reiter ( ✓ Form Approved by City Attorney
ltM11111f—T 1 C ���NM,w'�
Adopted by Council: Date {,�"'"', \ \ \0 By:
■
Adopti n Certified by Council Secretary
By: v' \ a ��,�,_,__ Approves by Mayor ' r Submission to Council
Approved by M Tor: Date 69)4V7-47/1•1
B Ad/ .4.--ill wig
Pr
RECEiVED
VED
r'IY 3 1999 Saint Paul, Minnesota
:.;f IY CLERK April28, 1999
To the Honorable, the City Council
Saint Paul, Minnesota
Dear Council Members:
We,the undersigned petitioners,hereby accept and
agree to comply with the terms and conditions of
Council File No. 99-331, adopted by the City Council on April 14, 1999,
and signed by the Mayor on April 20, 1999.
CITIZEN SERVICE OFFICE
Fred Owusu,City Clerk
SAINT CITY OF SAINT PAUL
PAUL 170 City Hall Tel.: 651-266-8989
Norm Coleman,Mayor 15 W.Kellogg Boulevard Fax 651-266-8689
Saint Paul,Minnesota 55102 Web:http://www.stpauLgov
TDD:266-8509
MIA
r• r
serir
April 28, 1999.
James Denno
1557 Arkwright Street
Saint Paul, MN 55101
Dear Petitioners:
Enclosed is a copy of Council File 99-331 which was adopted by the City Council on April 14, 1999.
The resolution provides for the vacation of that part of Hoyt Avenue as more fully described in the
attached resolution.
The Ordinance pertaining to vacations requires that the compensation specified in the resolution must
be paid within sixty (60) days after adoption of the resolution.
Also enclosed is an acceptance of the terms of the resolution which must also be signed and filed here
within said time.
Sincerely,
.callz-c; /6Kkt
Shari Moore
Deputy City Clerk
cc: Valuation Engineer- Technology and Management File No. 20-1998
Enc.
Saint Paul, Minnesota
April 28, 1999
To the Honorable, the City Council
Saint Paul, Minnesota
Dear Council Members:
We,the undersigned petitioners, hereby accept and
agree to comply with the terms and conditions of
Council File No. 99-331, adopted by the City Council on April 14, 1999,
and signed by the Mayor on April 20, 1999.
•
SAINT
PAUL
AAAA
mot.
PETITION TO VACATE CITY INTEREST
I(we),the undersigned,constituting a majority of the owners(or their legally designated representatives)of the abutting properties,do hereby
petition the Council of the City of Saint Paul to vacate its interests in the property(ies)legally described as follows:
The section of unimproved E. Hoyt Ave . , from Arkwright Street , then west
to the Minnesota State Bike Trail , and bordered on the south by lots
15 , 16, 17 , 18, and 19 of Block 1 of Morton ' s Addition, and bordered
on the north by lot 1 of R. C . Witt Addition.
I(we)request this vacation for the following reason(s).
I need to expand my garage . I have a side by side duplex home on
my property with three bedrooms per side . I , currently, have one
three car garage on this property. I need to expand the garage
to a four car garage to provide adequate parking space for my
tenants and myself . To rent out a three bedroom unit , in today ' s
rental market , I must furnish two car garage spaces each unit .
I(we)have attached six copies of the site plans of any development intended for construction on the lands to be vacated.
Contact Person Person(s) responsible for payment of
vacation fee and for acceptance of the
terms and conditions of the vacation:
Names Denno Name: James Denno
PhoW72-0312 Phone: 772-0312
Addes :57 Arkwright St. Address: 1557 Arkwright $t .
St. Paul , MN 55101 St . Paul . MN 55101
Alternate Contact Person
Nani:r d y s Denno Name:
Phonir7-9683 Phone:
Adds?:9 5 Chisholm Ave . , E. Address:
N. St. Paul , MN 55109
Name:
Phone:
Address:
Name:
Phone:
Address:
Signatures of Owner(s)/Representative(s) of Property(ies) Below:
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the signatures on this petition was signed in my presence by the person described in the petition.
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NOTICE OF PUBLIC HEARING
Notice is hereby given that the petition of James Denno for the
vacation of that part of Hoyt Avenue lying westerly of Arkwright
Avenue and easterly of the Minnesota State Bike Trail, as more
fully described on file and on record in the office of the City
Clerk of Saint Paul, Minnesota, 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 Hall and Court House on the 14th
day of April, 1999 at 5 :30 P.M.
Dated March 9, 1999
Shari Moore
Deputy City Clerk
(March 13 , 1999)
SAINT
I'''" L Interdepartmental Memorandum
CITY OF SAINT PAUL
AAAA
To: All Council gybers
From: Peter White
Right of Way Eng eer
140 City Hall
Date: March 8, 1999
Subject: TMS Department Vucation File;No 20499a
........................................
I recommend a public hearing before the City Council be held on April 14, 1999
The purpose of this hearing is to consider vacating the City's interest in that part of Hoyt Avenue
lying westerly of Arkwright Avenue and easterly of the Minnesota State Bike Trail.
This property is located in City Council District 5, Planning District
The subject petition is in proper form and has been signed by the requisite number of property
owners.
cc: Shari Moore
RECEIVED
MAR 9 1999
CITY CLERK
(2098date)
CITIZEN SERVICE OFFICE
•
Fred Owusu,City Clerk
S AI NT CITY OF SAINT PAUL 170 City Hall TeL: 651-266-8989
Norm Coleman,Mayor 15 W.Kellogg Boulevard Fax 651-266-8689
Saint Paul,Minnesota 55102 Web:http://www.sipauLgov
AMA TDD:266-8509
messms
November 24, 1998
Mr. Peter White
Valuation Engineer
Real Estate Division
140 City Hall
Dear Peter:
I refer to you to check as to form and sufficiency and for recommendation,the attached
_petition of James.Denno for the vacation of that portion of Hoyt Avenue East according
to the recorded plat thereof on file and of record in the Office of the Saint Paul City
Clerk.
Sincerely,
5Leue'/7/66-te_Shari Moore
Deputy City Clerk
Attachments
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PA U L
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CITIZENS' GUIDELINES
FOR PETITIONING THE CITY OF SAINT PAUL TO VACATE ITS INTEREST IN
LANDS ABUTTING THE PROPERTIES OF PETITIONERS
Chapter 130 of the Legislative Code of the City of Saint Paul provides for the vacation of streets and
other public lands by resolution of the City Council. Following are guidelines for initiating vacations
by petition of the owners of property abutting such public lands.
WHO MAY PETITION TO VACATE PUBLIC LANDS?
A petition to vacate public lands may be filed only by a majority of the owners of property
abutting the lands to be vacated.
A. A majority shall mean a number greater than 50%. This implies that, for instance,
if there are only two owners of property abutting lands to be vacated, then both must
sign the petition.
B. Owners shall mean current owners, including contract purchasers, or their legally
designated representatives.
1. For properties owned by two or more joint tenants, all joint tenants must sign.
2. For properties owned by partnerships, one of the partners must sign.
3. For properties owned by limited partnerships or corporations, those persons
authorized by the partnership or corporation must sign, indicating their
respective positions or titles and alleging that they do, in fact, have the
authority to sign on behalf of that entity.
4. For properties owned by governmental departments or agencies, the head of
the department or agency, or another person with the designated authority to
sign on behalf of the department or agency head, must sign. In addition, a
resolution or statement from the governing body indicating approval and
granting authority for the petition must be included.
C. Properties abutting the lands to be vacated shall include all abutting properties,
whether or not any part of the vacated lands will accrue to them.
II. WHAT MUST THE PETITION INCLUDE?
The petition (a sample copy of which is attached to this guide) shall be completed and
submitted, with a$100.00 filing fee, to the City Clerk in Room 170, City Hall.
Vacation Guidelines
A. The petition should begin with "(Petitioner(s) does (do) hereby petition the Council
of the City of Saint Paul to vacate its interest in the property(ies) described below:"
It shall include the following information:
1. The legal description of the property proposed to be vacated(for example,the
north-south alley in Block 1, Behmler's Addition). Please be specific in the
description of the area to be vacated. If the vacation is for a building
encroachment,you may need a survey to describe the area to be vacated. You
may also need a survey for irregular areas.
2. The reason for the vacation. What is the intended use of the property to be
vacated? Will the grade be altered or permanent structures erected?
3. The name, address and phone number of the contact person, who must be one
of the petitioners or a representative of one of the petitioners.
4. The name(s) and address(es) of the petitioner(s) who will be responsible for
the payment of the compensation and for acceptance of the terms and
conditions of the vacation.
5. A statement attesting to the authenticity of the signatures on the petition,
which must be signed by one of the petitioners and notarized.
B. The petition must be supported with the following documentation:
1. A plat map, blueprint or scaled drawing showing the lands to be vacated, the
boundary streets and all abutting properties.
2. A Certified Ownership Report, which shows all fee owners and contract
purchasers of all properties abutting the lands proposed to be vacated.
a. The report must identify, by legal description or Property
Identification Number, each property abutting the area to be vacated..
b. The report must indicate whether the property is torrens or abstract.
c. The names of the owners on the report must agree with the names on
the petition and must be current to the petition at the time of filing.
If, for any reason, all names on the petition do not correspond to the
names on the Certified Ownership Report, the petition will be
considered insufficient.
d. Certification of ownership may be obtained from an abstract or title
insurance company,such as Old Republic,Commonwealth Land Title
or First Security Title.
For your convenience, a sample Certified Ownership Report is attached.
3. If the vacated site is to be developed, six copies of the proposed site plans
will be required for review by the affected City departments.
•
Vacation Guidelines
III. WHAT DOES THE VACATION PROCESS ENTAIL?
Once the petition has been filed, the following procedure will be initiated:
A. The City Clerk will refer the petition to the Real Estate Division of the Department
of Technology and Management Services, where the Right-of-Way Engineer or his
designee will review the petition for sufficiency and form.
B. Following verification of sufficiency by the Right-of-Way Engineer, the petition will
be forwarded to utility companies and affected City departments for their comments
and recommendations. The petitioner will be notified of the recommendation by any
agency for denial of the vacation.
C. If all departments and agencies recommend approval, the proposed terms and
conditions and the cost for the vacation will be established; and the date for a hearing
before the City Council will be set. All owners of properties that may be affected by
the possible disruption of traffic patterns will be notified, and will be given the
opportunity to voice their approval or objections at the hearing
D. The City Council will conduct a public hearing, at which it will either:
1. approve the vacation as recommended;
2. approve the vacation with amendments;
3. deny the vacation; or
4. lay the proposal over for a later hearing.
E. If the vacation is approved by the Council, the resolution will be published in the
Legal Ledger. The petitioner(s) must then:
1. within sixty days of publication:
a. for vacations of platted rights-of-way, pay a vacation fee (currently
$500.00 but subject to change) plus additional charges, if any;
b. for vacations of other than platted rights-of-way,pay market value for
property vacated; and
c. signify acceptance of the terms and conditions of such resolution by
filing with the City Clerk a written acceptance form, which will be
mailed to the petitioner(s)following publication of the resolution; and
2. within the period(s) specified therein, comply in all respects with the said
terms and conditions.
F. Failure by the petitioner(s) to, within the time limits, pay the vacation fee and any
additional charges,file the acceptance form, or comply with the terms and conditions
set forth in the resolution will result in the vacation being declared "null and void";
provided, however, that the Council may, by resolution adopted with at least five
affirmative votes prior to the expiration of the time limits, amend the vacation
resolution to extend the said time limits.
3
Vacation Guidelines
IV. HOW LONG DOES THE VACATION TAKE?
The length of time it takes to vacate a property will vary according to the complications that
usually arise; but you should expect the hearing date to be at least 90 days after the petition
was filed. The average vacation will take approximately 180 days.
V. WHAT MUST BE DONE FOLLOWING APPROVAL OF THE RESOLUTION
TO COMPLETE THE VACATION PROCESS?
A. The petitioner(s) will have 60 days from the date of the hearing to satisfy the terms
and conditions as listed in the vacation resolution.
B. When all terms and conditions have been met the City Clerk will file a Certificate of
Completion and a certified copy of the vacation resolution with the Registrar of
Deeds.
C. If the petitioner(s) fail(s) to satisfy the stated terms and conditions of the resolution
within 60 days from the date of the hearing, the Council may rescind the vacation.
IMPORTANT INFORMATION
Ownership of Vacated Right-of-Way: The City makes no representation as to who will obtain
ownership of vacated land. The petitioner will be responsible for obtaining any title searches or title
insurance. NOTE: Should the ownership of the vacated right-of-way revert to the City, the land can
be sold to the public under procedures set forth by City ordinance.
Utility Easements: The City may reserve public or private utility easements within the vacated
property. Buildings may not be constructed within the reserved utility easements.
Rerouting Utilities: If the petitioner does not want the City to reserve utility easements, the
petitioner will pay all costs of relocating any public and private utilities within the right-of-way.
Future Use: To insure that planned development will not conflict with reserved utility easements or
remaining right-of-way,the petitioner must inform the City of any planned development of the right-
of-way to be vacated.
If you have any further questions, please call: Real Estate Division 266-8850
4
Sample Ownership Report
ABC Land Title Insurance Company
123 Fourth Street
St. Paul,MN 55123
May 4, 1998
John J. Petitioner
567 Eighth Avenue
St. Paul, MN 55100
Dear Mr. Petitioner:
ABC Land Title Insurance Company does hereby certify that a search of Ramsey County,Minnesota
tax records discloses that, as of May 4, 1998, the owners of the properties abutting the public right-
of-way described as
the east-west alley in Block 9, Whimsey Addition
are as follows:
Legal Description Property is: Fee Owner Contract Purchaser
Lots 1, 2 and 3, Block 9, Torrens John J. Petitioner
Whimsey Addition 567 Eighth Avenue
St. Paul, MN 55100
Lots 4, 5 and 6, Block 9, Abstract Jane E. Copetitioner
Whimsey Addition 571 Eighth Avenue
St. Paul, MN 55100
Lots 7, 8 and 9, Block 9, Abstract Albert B. Seller C.D. Purchaser
Whimsey Addition 1313 Retirement Way 560 Seventh Avenue
Miami, FL 11234 St. Paul, MN 55100
Lots 10, 11 and 12, Block Abstract 0. K. Byrne
9, Whimsey Addition 566 Seventh Avenue
St. Paul, MN 55100
This report represents the professional opinion of ABC Land Title Insurance Company regarding
ownership of the above described properties; it is not intended, nor shall it be construed, as a
guarantee of title. ABC Land Title Insurance Company assumes no liability for errors or omissions.
Sincerely,
Robert A. Researcher
Licensed Abstracter
ABC Land Title Insurance Company
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OWNERSHIP REPORT
Old Republic National Title Insurance
Company
400 Second Avenue South
Minneapolis, Minnesota 55401-2499
November 11, 1998
James Denno
1557 Arkwright Street
St. Paul, MN 55101
Dear Mr. Denno:
Old Republic National Title Insurance Company does hereby certify that a search
of Ramsey County, Minnesota tax records discloses that, as of November 11, 1998,
the owners of the properties abutting the public right-of-way described as
The section of unimproved E. Hoyt Ave. , from Arkwright Street, then
west to the Minnesota State Bike Trail, and bordered on the south by
lots 15, 16, 17, 18, and 19 of Block 1 of Morton's Addition, and
bordered on the north by lot 1 of R. C. Witt Addition
are as follows:
Legal Description Property is: Fee Owner Taxpayer
The North 67.49 feet Torrens James S. Denno
of Lot 16, 17, 18 and 1555 Arkwright St.
19, Block 1, Morton's St. Paul, MN 551013140
Addition
Lot 1 and the South Abstract Choua Huabmua Vang
10 feet of Lot 2, Vao Yang Vang
"R.C. Witt Addition 1561 Arkwright St.
St. Paul, MN 551013076
Those parts of Lots Torrens State of Minnesota James Denno
13, 14, and 15, Block Trust Exempt 1557 Arkwright St.
1, lying Easterly of 50 Kellogg Blvd. W. St. Paul, MN
the Easterly line of Suite 620B 551013140
the right-of-way of the St. Paul, MN 551021557
Soo Line Railroad Company;
all in Morton's Addition
to the City of St. Paul
A 100 foot railway Abstract State of Minnesota
right of way across North 1/2 Dept. of Natural Resources
of Northwest 1/4 and additional c/o DNR Real Estate Mgt.
30 feet on Southeasterly Attn Tax Specialist
side extending 300 feet 500 Lafayette Road
more or less Southwesterly St. Paul, MN 551554001
from the South line of
Clarks 2nd Addition in
Section 20, Township 29
Range 22
Legal Description Property is: Fee Owner Taxpayer
That part of Lots Abstract State of Minnesota
10, 11, 12, 13, 14, Dept. of Natural Resources
15, 26, 27, 28, 29, c/o DNR Real Estate Mgt.
30 and 31 lying within Attn Tax Specialist
50 feet on either side 500 Lafayette Road
of center line of rail- St. Paul, MN 551554001
way right of way in Block
1, Morton's Addition to
the City of St. Paul
This report represents the professional opinion of Old Republic National Title
Insurance Company regarding ownership of the above described properties; it is
not intended, nor shall it be construed, as a guarantee of title. Old Republic
National Title Insurance Company assumes no liability for errors or omissions.
Sincerely
# ij-ta .c
Lorette Schmaltz
Licensed Abstractor
Old Republic National Title
Insurance Company
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Auction Date Oct. 29, 19 9 8 Appraised $ 750. 00 Receipt#
Purchase Price $ " Date Sold /b - Contract#
.y 860300
/-
Down payment $ -60, City St. Paul Notice # 95229
95228
Balance $ "'" ' Ward # 01 School Dist. # 625
3% Assurance $ 0/(4k-6-61 Installments: "9--- Watershed# O
CONTRACT FEE$ /9, .fQ - ^
State Deed Fee $ 4,5; OV PIN# 20-'29-22-23-0214-1 (T)
Recording Fee $ / 9/SO Property Address:West of 1557 Arkwright St. on Hoyt Ave.E
St. Pau.,MN 55101
Deed Tax Fee $ .3i 3o Lot Size: approx. 60' x 134 ' irreg. vacant lot
Ag/Con Stamp Fee $ ,0 Carson: 221 Improved Assessments $ 285. 14
Payment Received $ f',Oo Cash Check Other
Legal Description: Those parts of Lots 13, 14, and 15, Block 1 , lying Easterly
of the Easterly line of the right-of-way of the Soo Line Railroad Company;
all in Morton's Addition to the City of St. Paul.
PLEASE PRINT
Purchaser Name: Uci h1 es- Pe h y10
Mailing Address: / 7 A r k ,u ►^ r /1� St
9
City / State/Zip + Four: S7/ . let Id J M A/ SIC 1
Telephone Number: ( 6-51 ) - 7 / 2'"Q 3 12.
Single Individual Husband & Wife as Joint Tenants Tenants in Common
Minn. Corporation Partnership Limited Liability Co. Government Cont
ACKNOWLEDGEMENT: The undersigned acknowledge(s) receipt of a complete copy of"Facts You
Should Knowefore Buying 'lays Forfeited to the State of Ninnesota for Non- Payment of Taxes"
on this Z q day of U z1c -e r , ( 19 , prior to the purchase of tax forfeited
land in Ramsey County. The undersigned state(s) that he/she has read and understands the statement.
SIGNATURE(S)
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