98-37 (3) Return copy to: Council File # 98 -37
Real Estate Division
J 140 City Hall Green Sheet# 3 IS y
• RESOLUTION
n ! ,,\ Pr CITY OF SAINT PAUL, MINNESOTA Ze
Presented By . ' '
0II�,
Referred To Committee: Date
1 BE IT RESOLVED, that, upon the petition of Paul K Olson, as documented in Finance Department
2 File Number 17-1997, public properties hereinafter described are hereby vacated and discontinued as
3 public property: and, subject to the herein stated exceptions, the easements within those public
4 properties are hereby released.
5
6 The property to be vacated is described as follows:
7
8 That portion of Idaho Avenue lying between Lot 15 Block 3 Rice street Villas and the north
9 R.O.W. line of Wheelock Parkway.
10
11 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of
12 the Saint Paul Legislative Code as amended, and to the following conditions:
13
14 1. That the petitioner's, their successors and assigns shall pay $500.00 as an administrative fee
15 for this vacation which is due and payable within 60 days of the effective date of this
16 resolution.
17
18 2. That a permanent utility easement shall be retained on, over, under and across the vacated area
19 on behalf of the City of Saint Paul, Department of Public Works to reserve the right of the
20 City to maintain and operate any sewer in or upon said easement and to enter upon said
21 easement or any portion thereof at any time and from time to time, for the purposes of future
22 construction, reconstruction, inspecting, maintaining or repairing the same or any part thereof
23 and shall be subject to the following conditions:
24
25 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or
26 any other objects that will prohibit normal access to utility facilities for maintenance
27 purposes will be permitted within the easement area.
28
29 b. Improvements in or upon the above described easement that do not prohibit the City
30 from exercising its reserved rights may be allowed by obtaining written permission
31 from the Department of Public Works Sewer Division with the understanding that the
32 restoration and costs of such improvements shall be the sole responsibility of the
33 petitioner, its successors and assigns in the event the City exercises its reserved
34 easement rights.
35
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. TP. 51
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
8 the City of Saint Paul, its officers, agents, employees, and servants from all suits,
9 actions, or claims which shall arise from any injuries or damages received or sustained
10 by any break in any service pipe or connection in said reserved easement arising out of
11 or resulting from any action or negligence of the petitioner, its employees, agents, or
12 business invitees.
13
14 3. That a permanent utility easement shall be retained within the vacated area on behalf of the
15 City 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
22 the 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
28 harmless the Board of Water Commissioners, its officers, agents, employees, and
29 servants from all suits, action or claims which shall arise from any injuries or damages
30 received or sustained by any break in any service pipe, water main, or connection in
31 said reserved easement, arising out of or resulting from any action or negligence of the
32 petitioner, its employees, agents or business invitees.
33
34 4. That the petitioner's their successors, and assigns agree to indemnify, defend and save
35 harmless the City of Saint Paul, its officers, and employees from all suits, actions, or claims of
36 any character brought as a result of injuries or damages received or sustained by any person,
37 persons, or property on account of this vacation or petitioner's use of this property, including
38 but not limited to a claim brought because of any act of omission, neglect, or misconduct of
39 said petitioner or because of any claims or liability arising from any violation of any law or
40 regulation made in accordance with the law, whether by the petitioner or any of their agents or
41 employees
42
43
44
45
46
47
48
49
50
J r
1 5. That the petitioner's their successors, and assigns, shall within 60 days of the effective date of Gip
2 this resolution, file with the City Clerk an acceptance in writing of the conditions of this
3 resolution and shall within the period(s) specified in the terms and conditions of this resolution,
4 J comply in all respects with these terms and conditions.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
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22
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Yeas Nays Absent
[ Blakey I 1/ I Requested by Department of:
Bostrom Technology & Management Services
-114er-tan- Lo ,
Harris j ✓ l
By: � ccJL��- i Z/f/s
-Cellins p - ,/) Director
- Form Appr d by City Attorney
1 mom
Adopted by Council: Date r`:� \LI \_`V\ .k' By: ..G�Ch I� IW /? -7-17
Adopti Certified by Coun& Secretary
By: ___ f. - ti Approv-• : a or for S.bmission to Council
Approved by r: Date • 1 1 /
By: By:
CITY CLERK'S OFFICE
Fred Owusu,City Clerk
SAINT CITY OF SAINT PAUL
PAUL 170 City Hall Tel: 612-266-8694
h
4 Norm Coleman,Mayor 15 W.Kellogg Boulevard Fax: 612-266-8689
Saint Paul,Minnesota 55102
pomp.AIM
._....
March 16, 1998
Mr. Rudy Paczkowski
Department of Public Works
Room 800, City Hall Annex
Dear Rudy:
Will you please prepare prints showing the vacation of the part of Idaho Avenue, in the City
of St. Paul as fully described in Council File 98-37.
Please be advised that the necessary acceptance and compensation have been filed. We are
expecting a turnaround time of within three weeks, and expect the prints in this office
no later than April 7, 1998. If you cannot meet this deadline please notify me right away.
Thank you.
Sincerely,
jletz `/t/
Shari Moore
Acting Deputy City Clerk
SM
cc: Valuation Engineer
Finance File No. 17-1997
.98- 37
g95-1
Saint Paul, Minnesota
February 2, 1998
To the Honorable,the City Council
Saint Paul, Minnesota
Dear Council Members:
I,the undersigned petitioner,hereby accept and
agree to comply with the terms and conditions of
Council File No. 98-37, adopted by the City Council on January 14, 1998,
and signed by the Mayor on January 20, 1998.
'0,14147
J
/ � /
CITIZEN SERVICE OFFICE
Fred Owusu,City Clerk
PA[UL N T CITY OF SAINT PAUL 170 City Hall Tel.: 612-266-8989
Norm Coleman,Mayor 15 W.Kellogg Boulevard Fax: 612-266-8689
Saint Paul,Minnesota 55102 Web:http://www.stpauLgov
TDD:266-8509
AAAA
w
illliYil
February 2, 1998
Paul K. Olson
1623 Woodbridge Street
Saint Paul, MN 55117-3668
Dear Mr. Olson:
Enclosed is a copy of Council File 98-204 which was adopted by City Council on
January 14, 1998 which provides for the vacation of that portion Idaho 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,
cs ry
Shari Moore
Acting Deputy City Clerk
cc: Valuation Engineer - Finance File No. 17-1997
Enc.
Saint Paul, Minnesota
February 2, 1998
To the Honorable, the City Council
Saint Paul, Minnesota
Dear Council Members:
I,the undersigned petitioner, hereby accept and
agree to comply with the terms and conditions of
Council File No. 98-37, adopted by the City Council on January 14, 1998,
and signed by the Mayor on January 20, 1998.
NOTICE OF PUBLIC HEARING
Notice is hereby given that the petition of Paul K. Olson for the
vacation of that portion of Idaho Avenue lying between Lot 15 Block
3 Rice Street Villas and the north R.O W. Line of Wheelock Parkway,
thereof on file and of record in the office of the City Clerk of
Saint . Paul , Minnesota by the Saint Paul City Council, and said
petition will be heard and considered by the same Saint Paul City
Council at a meeting thereof to be held in the Council Chambers on
the 3rd floor of City Hall and Court House on the 14th day of
January, 1998 at 4 : 30 P.M.
Dated December 15, 1997
Frances Swanson
Deputy City Clerk
(December 20, 1997)
•
SAINT
PAU I.
Interdepartmental Memorandum
AAAA CITY OF SAINT PAUL
RECEIVED
DEC 1 01997
To: Fran Swanson
CITY CLERK
City Clerk's Office
170 City Hall
From: Tom Sawyer
Real Estate Division
140 City Hall
Date: December 9, 1997
Subject-- Vacation # 17-1997"- Idaho Avenue at Whee ck,Park.way <
I have requested a date of January 14, 1998 for a Public Hearing to approve the attached
Council Resolution. The purpose of the resolution is to vacate part of Idaho Avenue lying
between Lot 15, Block 3 Rice Street Villas and Wheelock Parkway, allowing the
petitioner to construct a garage and for additional play area for children. I have enclosed
photocopies of the Green Sheet, the Council Resolution and a map of the area to be
vacated. Please let me know if there is any additional information you might need.
0
T.M.S./REAL ESTATE DIVISION Date: September 23, Green Sheet Number: 39542
1997
Contact Person and Phone Number: I 2 DEPARTMENT DIRECTOR 4 CITY COUNCIL
Tom Sawyer 266-8850 1 CITY ATTORNEY • CITY CLERK
BUDGET DIRECTOR. OFFICE OF FINANCIAL SVCS.
Must be on Council Agenda by: 3 MAYOR(OR ASSISTANT) COUNCIL RESEARCH
TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE)
ACTION REQUESTED:
Approve resolution vacating a portion of Idaho Avenue lying between Lot 15 Block 3 Rice
Street Villas and Wheelock Parkway R.O.W. -
RECOMMENDATIONS:APPROVE(A)OR REJECT(R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING:
1. Has the person/firm ever worked under a contract for this department? YES NO
PLANNING COMMISSION A STAFF
2. Has this person/firm ever been a City employee? YES NO
CIVIL SERVICE COMMISSION
3. Does this person/firm possess a skill not normally possessed by any YES NO
CIS COAIDUTTEE current City employee?
Explain all YES answers on a separate sheet and attach.
SUPPORTS WHICH COUNCIL OBJECTIVE?
COUNCIL WARD(S) S DISTRICT PLANNING COUNCIL 6
INITIATING PROBLEM,ISSUE,OPPORTUNITY(Who,What,When,Where,Why?):
Petitioner wishes to vacate this portion of street to create additional play area for day care and
also to construct a garage.
ADVANTAGES IF APPROVED:
Same as above.
DISADVANTTAGES IF APPROVED:
None.
DISADVANTAGES IF NOT APPROVED:
Petitioner would continue to have limited space for play area for day care.
TOTAL AMOUNT OF TRANSACTION: $500.0 COST/REVENUE BUDGETED(CIRCLE ONE) YES NO
ACTIVITY NUMBER: •
FUNDING SOURCE:
FINANCIAL INFORMATION:(EXPLAIN)
Return copy to: Council File #
Real Estate Division
140 City Hall Green Sheet#
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented By
Referred To Committee: Date
1 BE IT RESOLVED, that, upon the petition of Paul K Olson, as documented in Finance Department
2 File Number 17-1997, public properties hereinafter described are hereby vacated and discontinued as
3 public property: and, subject to the herein stated exceptions, the easements within those public
4 properties are hereby released.
5
6 The property to be vacated is described as follows:
7
8 That portion of Idaho Avenue lying between Lot 15 Block 3 Rice street Villas and the north
9 R.O.W. line of Wheelock Parkway.
10
11 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of
12 the Saint Paul Legislative Code as amended, and to the following conditions:
13
14 1. That the petitioner's, their successors and assigns shall pay $500.00 as an administrative fee
15 for this vacation which is due and payable within 60 days of the effective date of this
16 resolution.
17
18 2. That a permanent utility easement shall be retained on, over, under and across the vacated area
19 on behalf of the City of Saint Paul, Department of Public Works to reserve the right of the
20 City to maintain and operate any sewer in or upon said easement and to enter upon said
21 easement or any portion thereof at any time and from time to time, for the purposes of future
22 construction, reconstruction, inspecting, maintaining or repairing the same or any part thereof
23 and shall be subject to the following conditions:
24
25 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or
26 any other objects that will prohibit normal access to utility facilities for maintenance
27 purposes will be permitted within the easement area.
28
29 b. Improvements in or upon the above described easement that do not prohibit the City
30 from exercising its reserved rights may be allowed by obtaining written permission
31 from the Department of Public Works Sewer Division with the understanding that the
32 restoration and costs of such improvements shall be the sole responsibility of the
33 petitioner, its successors and assigns in the event the City exercises its reserved
34 easement rights.
35
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
8 the City of Saint Paul, its officers, agents, employees, and servants from all suits,
9 actions, or claims which shall arise from any injuries or damages received or sustained
10 by any break in any service pipe or connection in said reserved easement arising out of
11 or resulting from any action or negligence of the petitioner, its employees, agents, or
12 business invitees.
13
14 3. That a permanent utility easement shall be retained within the vacated area on behalf of the
15 City 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
22 the 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
28 harmless the Board of Water Commissioners, its officers, agents, employees, and
29 servants from all suits, action or claims which shall arise from any injuries or damages
30 received or sustained by any break in any service pipe, water main, or connection in
31 said reserved easement, arising out of or resulting from any action or negligence of the
32 petitioner, its employees, agents or business invitees.
33
34 4. That the petitioner's their successors, and assigns agree to indemnify, defend and save
35 harmless the City of Saint Paul, its officers, and employees from all suits, actions, or claims of
36 any character brought as a result of injuries or damages received or sustained by any person,
37 persons, or property on account of this vacation or petitioner's use of this property, including
38 but not limited to a claim brought because of any act of omission, neglect, or misconduct of
39 said petitioner or because of any claims or liability arising from any violation of any law or
40 regulation made in accordance with the law, whether by the petitioner or any of their agents or
41 employees
42
43
44
45
46
47
48
49
50
1 5. That the petitioner's their successors, and assigns, shall within 60 days of the effective date of
2 this resolution, file with the City Clerk an acceptance in writing of the conditions of this
3 resolution and shall within the period(s) specified in the terms and conditions of this resolution,
4 comply in all respects with these terms and conditions.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
f . Yeas Nays Absent
Blakey Requested by Department of:
Bostrom Technology & Management Services
Morton
Harris
Megard By:
Collins Director
Thune Form Approved by City Attorney
Adopted by Council: Date By:
Adoption Certified by Council Secretary
By: Approved by Mayor for Submission to Council
Approved by Mayor: Date
By: By:
• ' 2
■ TO BE VACATED PETITIONED I N` ,
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CITIZEN SERVICE OFFICE
Fred Owusu,Ciry Clerk
:11,17, CITY OF SAINT PAUL 170 City Hall Tel.: 612-266-8989
4 lot Norm Coleman,Mayor 15 W.Kellogg Boulevard Fax: 612-266-8689
Saint Paul,Minnesota 55102 Web:http://www.stpauLgov
TDD:266-8509
AAAA
June 5, 1997
Mr. Peter White
Valuation Engineer
Real Estate Division
140 City Hall
Dear Sir:
•
I refer to you to check as to form and sufficiency and for recommendation, the attached
petition of Paul K. Olson for the vacation of all of the land east of the alley between
block 3 and block 6, north of Wheelock Parkway, West of Woodbridge Street. The lot
abuts the southern edge of lot 15, block 3, Rice Street Villas of the attached Survey, as
and of record in the office of the Saint Paul City Clerk.
Very truly yours,
, a./4 c e- -., ;(-it'62.'1---4(-21-7
Frances Swanson
Deputy City Clerk
FS
Attachment
• transmit.fms
• 1623 Woodbridge Street
• Saint Paul,MN 55117-3668
•
July 3, 1997
Saint Paul City Council
Dear Sir or Madam:
This letter is to request a vacation of the property next to my lot. My wife currently operates a
daycare facility. The land we have now is not sufficient for the number of children that she tends to
during the day. She is licensed for twelve(12)children. The extra land would be used to enlarge the
play area the children have to use for their playtime.
We have also over the past five years of living here have noticed a fair amount of foot traffic through
this property for access to Woodbridge St.The people have repeatedly deposited trash and other
items on this lot,which I have to keep clean and mowed. The people who mow the parkway have
told me that the care of the lot is my responsibility. If this is true. I would like to have this property
added to my lot and have it fenced off for the kids to play and to keep trespassers out.
I,the undersigned,constituting a majority of the owners of the abutting properties,do petition the
council of the city of Saint Paul to vacate its interests in the property legally described as follows:
All of the land East of the alley between block 3 and block 6,north of Wheelock
Parkway. West of Woodbridge Street. The lot abuts the southern edge of lot 15.
block 3.Rice Street Villas.
The name,address and telephone number of the petitioner who is the contact person and who will be
responsible for the payment of this vacation fee and for acceptance of the terms and conditions of this
vacation is:
Paul K Olson: 1623 Woodbridge St. Saint Paul,MN 55117-3668 Ph#(612)489-5902
Sincerely. , / 9 7
�-J 1
7RANCES SWAN ON
NOTE.:'?POLIO.MiNNESOTA <
RA.!l3EY COUNTY
Paul K Olson 1.'y CCr-=;ien Expire;.Jan.31,2CG
t..tivAAnnA.vwWPr,r. x
APPLICANT NAME : r"t'C L C LSO fJ
VACATIONS CHECKLIST
citizen in person or by mail Mayor
>(get check for$100 no check required
_write out receipt
_put check number on
IP ?
receipt and on petition write"paid
$100" and check number
follow column a,then b follow column a,then b
date completed column a column b date completed
\s"create file with L_Meanwhile, have
�y _ j _ 7 property name, file Real Estate check that all _76 ,9f
alphabetically in Fran's condit4 ns have been 3
office complied with
write transmittal letter L..--Meanwhile, also
make copies of send copy of Resolution
letter and vacation letter and letter to Public
X send original and Works requesting Mylar /4, - "se
/ -jo - et 7 attachments to and prints-- Rudy
/ Valuations Paczkowski or Linda
place copy of letter Dickhut
and attachments in file
wait for letter from wait for return of Mylars
-i6-617 Valuations with date of '- _-/�-
public hearing /
Prepare Public Hearing Prepare 3 packets:
Notice for Legal copy of a certified
Ledger: Resolution, Mylar or
j„.-ICIalce copies of prints,and rout'.. slips.
Notice. Send: for Abstract, on-en or
I a_ f 5 G� original to Legal both
Ledger take one packet and - Q D-t q
one to Council blueprints to Land
Research Secretary Records and wait for it to
one to Real Estate be stamped
Direc or _ take Abstract and/or
ne in file Torrens to Recorders
office and put in T and/or
A box with stamped land
r records packet
Wait for Resolution to Wait for documents or
be adopted route slip with document
r
7 -3
1 a�1�-!1 1?-iv y$ number to get back from
when Resolution is Print name of
adopted, make 5 copies: petitioner, short legal
Vsend copy of description, page
resolution,terms and number,and new
-a ' CI$ conditions, and letter vacation number into
requesting$500 fee to Vacation book(toss old
Petitioner file).
«� 40 iea.l Est _Cut public hearing
notice from Legal Ledger
and paste into Vacation
Book with copy of
Resolution
wait for fees and forms When returned,
j-/Z2 98. to be returned prepare new file with
vacation number
take check and _place all documents
3 copy of Resolution to in new vacation boxes in
-/6 - Treasury Department vault.
immediately
Treasury will return County Recorder will
receipt to City Clerk's send bill for costs to City
Office, but proceed to Clerk--give to person
next two steps while who handles bills.
waiting for this.
Go to column b finished
revised 3/97
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