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98-747 (2) ulaA eau q Nr II V O\ I STATE OF MINNESOTA ) �� ' ` _ X) COUNTY OF RAMSEY ) ss. RECORDED ON CITY OF ST. PAUL ) ,s ; Y RECORDER JUL 121999 ll7 LIT I, Shari Moore, Deputy City Clerk of the City of Saint Paul, Minnesota, do hereby certify that I have compared the attached copy of Council File No. 98-747 as adopted by the City Council on August 26, 1998 and approved by the Mayor on September 2, 1998 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 TO 1 —C..0 ( 70 `1:-A Psj"C 1 Council File# +g'141 Real Estate Division O R ` • 3255�s6 140 City Hall Green Sheet# ,sa, 1 RESOLUTION OF S ■ INT : /,- INNESOTA °.7oZ Presented By 4 / Referred To Committee: Date 1 WHEREAS, due to an ambiguously defined east right-of-way line in that part of Western Avenue lying 2 southerly of the south right-of-way line of Ramsey Street and northerly of the northwesterly right-of- 3 way line of Grand Avenue (formerly known as Oakland Avenue), a cloud exists on properties adjoining 4 the said east right-of-way line; 5 THEREFORE BE IT RESOLVED,that, upon the petition of Maui Pacific, Inc., as documented in 6 Finance Department File Number 1-1998, public properties hereinafter described are hereby vacated and 7 discontinued as public property: and, subject to the herein stated exceptions, the easements within those 8 public properties are hereby released. 9 The property to be vacated is described as follows: 10 that part of Western Avenue lying easterly of the west line of the southeast quarter of Section 1, 11 Township 28 North, Range 23 West, Ramsey County; southerly of the south right-of-way line of 12 Ramsey Street; and northerly of the northwesterly right-of-way line of Grand Avenue (formerly 13 known as Oakland Avenue). 14 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the 15 Saint Paul Legislative Code as amended, and to the following conditions: 16 1. That the petitioner's, their successors and assigns shall pay $500.00 as an administrative fee for 17 this vacation which is due and payable within 60 days of the effective date of this resolution. 18 2. That the City shall retain a permanent public right-of-way easement over, under and across that part of 19 the area to be vacated lying within the following described boundaries: 20 Commencing at the northwest corner of the southeast quarter of Section 1, Township 28 21 North, Range 23 West; thence south 46.54 feet along the west line of said southeast quarter; 22 thence east 21.78 feet to the northwest corner of Block 1, RAMSEY HILL TOWNHOMES; 23 thence south along the west line of said Block 1 a distance of 109.24 feet to the point of 24 beginning; thence south along the west line of said Block 1 and its southerly extension to the 25 intersection with the northwesterly right-of-way line of Grand Avenue (formerly Oakland 26 Avenue and formerly Pleasant Avenue) as opened across Whitacre, Brisbine & Mullen's 27 subdivision of Lots 1 & 2 of Leech's addition of Outlots to the town of Saint Paul; thence 28 southwesterly along said northwesterly right-of-way line of Grand Avenue, a distance of 29 16.98 feet more or less, to the west line of said southeast quarter; thence north along the west 30 line of said southeast quarter to the intersection with a line that bears North 89 degrees 17 31 minutes 00 seconds West from the point of beginning ( said line being parallel with the south 32 line of said Block 1); thence South 89 degrees 17 minutes 00 seconds East, parallel with the 33 south line of said Block 1, to the point of beginning. ENTERED IN TRANSFER RECOR 7— /0.. — ; : X19 DIRECTOR, PROPERTY TAXAT ON ^� �f lc./ ey panty„Minnesota o� ay � 3255866 9Y -94 1 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any 2 other objects that will prohibit normal access to utility facilities for maintenance purposes 3 will be permitted within the easement area. 4 b. Improvements in or upon the above described easement that do not prohibit the City from 5 exercising its reserved rights may be allowed by obtaining written permission from the 6 Department of Public Works Sewer Division with the understanding that the restoration and 7 costs of such improvements shall be the sole responsibility of the petitioner, its successors 8 and assigns in the event the City exercises its reserved easement rights. 9 c. No change from the existing grade within the easement area will be permitted without written 10 permission from the Department of Public Works. 11 d. No change in surfacing within the easement area will be permitted without written 12 permission from the Department of Public Works. 13 e. The petitioner, its successors and assigns shall indemnify, defend, and save harmless the City 14 of Saint Paul, its officers, agents, employees, and servants from all suits, actions, or claims 15 which shall arise from any injuries or damages received or sustained by any break in any 16 service pipe or connection in said reserved easement arising out of or resulting from any 17 action or negligence of the petitioner, its employees, agents, or business invitees. 18 19 3. That, a permanent utility easement shall be retained on, over, under and across that part of the area 20 to be vacated lying within the following described line: 21 22 Commencing at the northwest corner of the southeast quarter of Section 1, Township 28 23 North, Range 23 West; thence south 46.54 feet along the west line of said southeast quarter 24 to the point of beginning; thence east 21.78 feet to the northwest corner of Block 1, 25 RAMSEY HILL TOWN HOMES; thence south along the west line of said Block 1 and its 26 southerly extension to the intersection with the northwesterly right-of-way line of Grand 27 Avenue (formerly Oakland Avenue and formerly Pleasant Avenue) as opened across 28 Whitacre, Brisbine & Mullen's subdivision of Lots 1 & 2 of Leech's addition of Outlots to the 29 town of Saint Paul; thence southwesterly along said northwesterly right-of-way line of Grand 30 Avenue, a distance of 16.98 feet more or less, to the west line of said southeast quarter; 31 thence north along the west line of said southeast quarter to the point of beginning. 32 33 on behalf of the City of Saint Paul, Department of Public Works to reserve the right of the City to 34 maintain and operate any sewer in or upon said easement and to enter upon said easement or any 35 portion thereof at any time and from time to time, for the purposes of future construction, 36 reconstruction, inspecting, maintaining or repairing the same or any part thereof and shall be subject 37 to the following conditions: 3 3255866 1 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any 2 other objects that will prohibit normal access to utility facilities for maintenance purposes 3 will be permitted within the easement area. 4 5 b. Improvements in or upon the above described easement that do not prohibit the City from 6 exercising its reserved rights may be allowed by obtaining written permission from the 7 Department of Public Works Sewer Division with the understanding that the restoration and 8 costs of such improvements shall be the sole responsibility of the petitioner, its successors 9 and assigns in the event the City exercises its reserved easement rights. 10 11 c. No change from the existing grade within the easement area will be permitted without written 12 permission from the Department of Public Works. 13 14 d. No change in surfacing within the easement area will be permitted without written 15 permission from the Department of Public Works. 16 17 e. The petitioner, its successors and assigns shall indemnify, defend, and save harmless the City 18 of Saint Paul, its officers, agents, employees, and servants from all suits, actions, or claims 19 which shall arise from any injuries or damages received or sustained by any break in any 20 service pipe or connection in said reserved easement arising out of or resulting from any 21 action or negligence of the petitioner, its employees, agents, or business invitees. 22 23 4. That a permanent utility easement shall be retained within the vacated area to protect the interest of 24 Continental Cablevision, Saint Paul, Inc. 25 26 5. That with the accompanying Utility Easement Certificates of Intended Non-Use, filed voluntarily on 27 behalf of U.S. West Communications, Incorporated, Northern States Power Company, District 28 Energy St. Paul, Incorporated, Access Transmission Services Incorporated, Continental Cablevision, 29 The Water Utility, and The Department of Public Works, made a part hereof by this reference and 30 filed in the office of the City Clerk of Saint Paul, the City, for itself and on behalf of these 31 corporations and departments, waive the right to the utility easements in the vacated area described 32 above. 33 34 • 35 36 44- r . . 3255866 q Y-1`i 1 6. That the petitioner's their successors, and assigns agree to indemnify, defend and save harmless the 2 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 property 4 on account of this vacation or petitioner's use of this property, including but not limited to a claim 5 brought because of any act of omission, neglect, or misconduct of said petitioner or because of any 6 claims or liability arising from any violation of any law or regulation made in accordance with the 7 law, whether by the petitioner or any of their agents or employees 8 9 7. That the petitioner's 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 and 11 shall within the period(s) specified in the terms and conditions of this resolution, comply in all 12 respects with these terms and conditions. Yeas Nays Absent Bananav t/ Requested by Department of: Blakey ,/ I I Technology & Management Services Bostrom ,� I Coleman ✓ 4 1/ / Harris 1 t/ By: A i Lantry ✓ Director Reiter t-/-- I ( Form Appr ved by City Attorney (__C=—J c I 1 I Adopted by Council: Date . ' -(,I \ „G�-!�By: / ✓/14 '7/2 7? Adopt c n Certified by Cou'cil Secre By: .4 a– i i _ . _ ov:�.�.y Mayor fot ' bmi• '.n to C.0 cil Approved . a I / / ' / By: � By , I .�_�fiLan.i- 3255866 Ag elO GUU!4 Auno3 iesw NOLLYXYi A1133da:1d'1:1O133thQ P Pp ti t o o 1 WL SQi30O311f3dSN NE 0.41131N3 > o o Z p 1)1' 0 P 3 co 3 111 �c< LJ 0 h h r. -1;Urp ZG" /- p 3 1l1 f Z 3*V13 3,p= '.; Q pK3 .,,,\ r 3=(0 66' I .., ■v 1n pn ow C; 0 t,I• 28' 279.23' -' mr ON __ _ ....................n r��ffli :ffi ai 4flirn1i gii:;� ii��I_ � w ���.,, l O \ if, ....... 19.,.,a".. A\ ). L- -- i_— �' o \ r IiiI ,0 naa\ \ I : I I Lpaar n •�o \ I , I ' o m r„ muir\ O .1 r \ i L -TOM— - M , ..r �Mir ~' n \\ -c, --- :,r4 I-�--- - '•, 0 \ ti' .' I O n m \ ,, • i i \ ,,{ I • a, iv Q 13 tri ti 3 Q W ii�.� t\ ft, C-,- rei: ` C7 n � <F S` N '�: C) 3 c} Z �•.•:r U1 N c 0 �O U. N a -I, �1 3 IT +n > �, %r•vA o 0 3 3 p 9x 0 o `0o Z a CSI MI Ins o 7r D K (0 4 � H MMt o lJ Z > Z l ► U ' ' -C APPLICANT NAME : PI(V),it< MC,AC Loc.. . VACATIONS CHECKLIST C Die zr . citizen in person or by mail Mayor ,/get check for S100 no check required . wri e out receipt ociv put check number on 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 create file with _Meanwhile, have f a.,--) property name, file Real Estate check that all 1 a - a9 -9 7 alphabetically in Fran's conditions have been 101.. office complied with write transmittal letter Meanwhile, also V make copies of send copy of Resolution letter and vacation letter and letter to Public .� . . . ✓send original and Works requesting Mylar )" ) a- 30 -9-7 attachments to and prints--Rudy Valuations Paczkowski or Linda i/place copy of letter Dickhut and attachments in file ' wait for letter from wait for return of Mylars ',_.).a 'C� Valuations with date of b - /3-99 public hearing I ' Prepare Public Hearing t.-Prepare 3 packets: Notice for Legal copy of a certified Ledger: Resolution,Mylar or ;/Make copies of prin •.. rou •• - ips. Notice. Send: f.■ a bstrac A' ogre. , or original to Legal bo-a 7—" -?9 -7-2). Ledger _�talce one packet and ! _one to Council blueprints to Land Research Secretary Records and wait for it to • ( _one to Real Estate be s ed I Director _�'Cake Abstract and/or • _one in file ! Torrens to Recorders I office and put in T and/or A box with stamped land records packet Wait for Resolution to Wait for documents or --iti1 . f,t`" be adopted route slip with document ta��, I -.' number to get back from .¢fly Recorder - I when Resolution is Print name of adopted. make 5 copies: petitioner, short legal —send copy or description. page q,a _q ( resolution,terms and number, and new conditions, and letter vacation number into requesting 550C fee to I Vacation book(toss old Petitioner file). Cut public hearing notice from Legal Ledger and paste into Vacation Book with copy of Resolution wait for fees and fo.*rts _When returned, I0 30.Tyg i to be returned prepare new.fiie with A � vacation number ✓ake check and place all documents /l�/ copy of Resolution to in new vacation boxes in /0 3o ,7 Treasury Department vault. immediately Treasury will return f County Recorder will receipt to City Clerk's I send bill for costs to City Office, but proceed to Clerk--give to person next two steps while who handles hills. waiting for this. 1 Go to column b finished revised 3/97 Return copy to: Council File # 4g'141 Real Estate Division O 1 1 A L 140 City Hall Green Sheet # 1 RESOLUTION C OF S INT INNESOTA 074 Presented By Referred To Committee: Date 1 WHEREAS, due to an ambiguously defined east right-of-way line in that part of Western Avenue lying 2 southerly of the south right-of-way line of Ramsey Street and northerly of the northwesterly right-of- 3 way line of Grand Avenue (formerly known as Oakland Avenue), a cloud exists on properties adjoining 4 the said east right-of-way line; 5 THEREFORE BE IT RESOLVED, that, upon the petition of Maui Pacific, Inc., as documented in 6 Finance Department File Number 1-1998, public properties hereinafter described are hereby vacated and 7 discontinued as public property: and, subject to the herein stated exceptions, the easements within those 8 public properties are hereby released. 9 The property to be vacated is described as follows: 10 that part of Western Avenue lying easterly of the west line of the southeast quarter of Section 1, 11 Township 28 North, Range 23 West, Ramsey County; southerly of the south right-of-way line of 12 Ramsey Street; and northerly of the northwesterly right-of-way line of Grand Avenue (formerly 13 known as Oakland Avenue). 14 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the 15 Saint Paul Legislative Code as amended, and to the following conditions: 16 1. That the petitioner's, their successors and assigns shall pay $500.00 as an administrative fee for 17 this vacation which is due and payable within 60 days of the effective date of this resolution. 18 2. That the City shall retain a permanent public right-of-way easement over, under and across that part of 19 the area to be vacated lying within the following described boundaries: 20 Commencing at the northwest corner of the southeast quarter of Section 1, Township 28 21 North, Range 23 West; thence south 46.54 feet along the west line of said southeast quarter; 22 thence east 21.78 feet to the northwest corner of Block 1, RAMSEY HILL TOWNHOMES; 23 thence south along the west line of said Block 1 a distance of 109.24 feet to the point of 24 beginning; thence south along the west line of said Block 1 and its southerly extension to the 25 intersection with the northwesterly right-of-way line of Grand Avenue (formerly Oakland 26 Avenue and formerly Pleasant Avenue) as opened across Whitacre, Brisbine & Mullen's 27 subdivision of Lots 1 & 2 of Leech's addition of Outlots to the town of Saint Paul; thence 28 southwesterly along said northwesterly right-of-way line of Grand Avenue, a distance of 29 16.98 feet more or less, to the west line of said southeast quarter; thence north along the west 30 line of said southeast quarter to the intersection with a line that bears North 89 degrees 17 31 minutes 00 seconds West from the point of beginning ( said line being parallel with the south 32 line of said Block 1); thence South 89 degrees 17 minutes 00 seconds East, parallel with the 33 south line of said Block 1, to the point of beginning. 9111 1 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any 2 other objects that will prohibit normal access to utility facilities for maintenance purposes 3 will be permitted within the easement area. 4 b. Improvements in or upon the above described easement that do not prohibit the City from 5 exercising its reserved rights may be allowed by obtaining written permission from the 6 Department of Public Works Sewer Division with the understanding that the restoration and 7 costs of such improvements shall be the sole responsibility of the petitioner, its successors 8 and assigns in the event the City exercises its reserved easement rights. 9 c. No change from the existing grade within the easement area will be permitted without written 10 permission from the Department of Public Works. 11 d. No change in surfacing within the easement area will be permitted without written 12 permission from the Department of Public Works. 13 e. The petitioner, its successors and assigns shall indemnify, defend, and save harmless the City 14 of Saint Paul, its officers, agents, employees, and servants from all suits, actions, or claims 15 which shall arise from any injuries or damages received or sustained by any break in any 16 service pipe or connection in said reserved easement arising out of or resulting from any 17 action or negligence of the petitioner, its employees, agents, or business invitees. 18 19 3. That, a permanent utility easement shall be retained on, over, under and across that part of the area 20 to be vacated lying within the following described line: 21 22 Commencing at the northwest corner of the southeast quarter of Section 1, Township 28 23 North, Range 23 West; thence south 46.54 feet along the west line of said southeast quarter 24 to the point of beginning; thence east 21.78 feet to the northwest corner of Block 1, 25 RAMSEY HILL TOWN HOMES; thence south along the west line of said Block 1 and its 26 southerly extension to the intersection with the northwesterly right-of-way line of Grand 27 Avenue (formerly Oakland Avenue and formerly Pleasant Avenue) as opened across 28 Whitacre, Brisbine & Mullen's subdivision of Lots 1 & 2 of Leech's addition of Outlots to the 29 town of Saint Paul; thence southwesterly along said northwesterly right-of-way line of Grand 30 Avenue, a distance of 16.98 feet more or less, to the west line of said southeast quarter; 31 thence north along the west line of said southeast quarter to the point of beginning. 32 33 on behalf of the City of Saint Paul, Department of Public Works to reserve the right of the City to 34 maintain and operate any sewer in or upon said easement and to enter upon said easement or any 35 portion thereof at any time and from time to time, for the purposes of future construction, 36 reconstruction, inspecting, maintaining or repairing the same or any part thereof and shall be subject 37 to the following conditions: 61Y . / qrl 1 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any 2 other objects that will prohibit normal access to utility facilities for maintenance purposes 3 will be permitted within the easement area. 4 5 b. Improvements in or upon the above described easement that do not prohibit the City from 6 exercising its reserved rights may be allowed by obtaining written permission from the 7 Department of Public Works Sewer Division with the understanding that the restoration and 8 costs of such improvements shall be the sole responsibility of the petitioner, its successors 9 and assigns in the event the City exercises its reserved easement rights. 10 11 c. No change from the existing grade within the easement area will be permitted without written 12 permission from the Department of Public Works. 13 14 d. No change in surfacing within the easement area will be permitted without written 15 permission from the Department of Public Works. 16 17 e. The petitioner, its successors and assigns shall indemnify, defend, and save harmless the City 18 of Saint Paul, its officers, agents, employees, and servants from all suits, actions, or claims 19 which shall arise from any injuries or damages received or sustained by any break in any 20 service pipe or connection in said reserved easement arising out of or resulting from any 21 action or negligence of the petitioner, its employees, agents, or business invitees. 22 23 4. That a permanent utility easement shall be retained within the vacated area to protect the interest of 24 Continental Cablevision, Saint Paul, Inc. 25 26 5. That with the accompanying Utility Easement Certificates of Intended Non-Use, filed voluntarily on 27 behalf of U.S. West Communications, Incorporated, Northern States Power Company, District 28 Energy St. Paul, Incorporated, Access Transmission Services Incorporated, Continental Cablevision, 29 The Water Utility, and The Department of Public Works, made a part hereof by this reference and 30 filed in the office of the City Clerk of Saint Paul, the City, for itself and on behalf of these 31 corporations and departments, waive the right to the utility easements in the vacated area described 32 above. 33 34 35 36 cii l 1 6. That the petitioner's their successors, and assigns agree to indemnify, defend and save harmless the 2 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 property 4 on account of this vacation or petitioner's use of this property, including but not limited to a claim 5 brought because of any act of omission, neglect, or misconduct of said petitioner or because of any 6 claims or liability arising from any violation of any law or regulation made in accordance with the 7 law, whether by the petitioner or any of their agents or employees 8 9 7. That the petitioner's 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 and 11 shall within the period(s) specified in the terms and conditions of this resolution, comply in all 12 respects with these terms and conditions. Yeas Nays Absent Bananav t✓ Requested by Department of: Blakey ,✓ I _1 Technology & Management Services Bostrom EI I I Coleman ✓ /, 4 p Harris ✓ By: Lantry ✓ D j Director Reiter f I Form Appr ved by City Attorney Adopted by Council: Date . ‘4� \°\'W By: .e/4 ?/z of 7, l Adopt'on Certified by Cou•cil Secre By: k / a- i _�►� . A _ piov- .y Mayor fo► • bmi. '.n to C.0 cil Approved . a I 44L B : ��� B CITIZEN SERVICE OFFICE Fred Owusu,City Clerk S P A A uri L CITY OF SAINT PAUL 170 City Hall Tel.: 651-266-8989 4 Norm Coleman,Mayor 15 W.Kellogg Boulevard Fax: 651-266-8689 Saint Paul,Minnesota 55102 AMA rw . July 9, 1999 To: Ramsey County Recorder 7,(X5h--a,c1 Number Instrument Description Fees CF #98-747 Resolution vacation of part of Western Avenue 3255866 . . -D diq i\___) RAMSEY COUNTY RECORDER BY Contact Person: Shari Moore 266-8686 CITIZEN SERVICE OFFICE Fred Owusu,City Clerk P SAINT L CITY OF SAINT PAUL 170 City Hall Tel.: 651-266-8989 410041 Norm Coleman,Mayor 15 W.Kellogg Boulevard Fax: 651-266-8689 Saint Paul,Minnesota 55102 AAA* July 9, 1999 To: Ramsey County Recorder Number Instrument Description Fees CF #98-747 Resolution vacation of part of Western Avenue RAMSEY COUNTY RECORDER BY • Contact Person: Shari Moore 266-8686 . • 4 6 z z W o I W N > O� 41 c z N Q o L co .< a W in 73 Z 30 rn N 2` 0 xd d 0 4- +) i-i _c T o LL 3 \ •••. F-a +P t .s 4- C U u 0) ;;;;� F- N a . A W a_ d ct o I. ; (� \ > 1 J-',:;'� \ N DC Al .-- !.^.. IV" --,. \ co O as �`I e.ce, No 4- .i •. I I ` \ cn O cG 1:>..,,,,; `,,) \ Y I I ,> \ o O U ,fe+ce* / I 1 % ow ' d ' l \ \ ti d � i' 1 � \ O•3 . -1 1-- \ o vi L/4- , , d — ------ +I;r1)..-■] Zel CA T 3 ,£Z'6L2 ,8Z ``-; 1) . o C.) \fro,ecil, ,99 \ o, U1dO `t',Z 3eF- - ✓y W +; u; v 0 (') E d w0 O Z Z0 O W 0 0 Nr 3 L h+-i L c d d CL CITIZEN SERVICE OFFICE Fred Owusu,City Clerk SAINT CITY OF SAINT PAUL 170 City Hall Tel: 651-266-8989 PAUL Norm Coleman,Mayor 15 W Kellogg Boulevard Fax 651-266 8689 Saint Paul,Minnesota 55102 AMA •■ •• December 2, 1998 Linda Dickhut Department of Public Works Room 800, City Hall Annex Dear Linda: Please prepare prints showing the vacation of that part of Western Avenue in the City of St. Paul as fully described in Council File 98-747. Please be advised that the necessary acceptance and compensation have been filed. Sincerely, Shari Moore Deputy City Clerk cc: Valuation Engineer Finance File No. 1-1998 CITY OF ST . PAUL RECEIPT # 101861 CASH RECEIPT PAGE 1 PREPARED BY : ESTER ENTRY .OATE 11/02/98 \ DEPARTMENT ' EXECUTIVE ADMINISTRATION DEPOSIT DATE 11/02/9O ACCOUNT REFERENCE DEBIT CREDIT QTY -------------------- --------- -------------- --------- --- 001 *01300*2833 500 .00 VACATION OF STREET PER COUNCIL FILE #298-747 APPROVED 9-02-98 CK#10145 MAUI PACIFIC , tNC . -------------- --\ TOTAL CASH: 500 . 80 RECEIVED BY TREASURY ' ______ REPLACES TEMPORARY RECEIPT # . RECEIVED NOV 3 �D� ��» \�ow CITY CLERK ~ Saint Paul, Minnesota September 21, 1998 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. 98-747, adopted by the City Council on August 26, 1998, and signed by the Mayor on September 2, 1998. L Ai ,o/w/heb w • Saint Paul, Minnesota September 21, 1998 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. 98-747, adopted by the City Council on August 26, 1998, and signed by the Mayor on September 2, 1998. CITIZEN SERVICE OFFICE Fred Owusu,City Clerk PAUL S A 1 N. CTI'Y 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 AIM TDD:266-8509 r...... ter. September 21, 1998 Cy Brezil Maui Pacific Inc. 376 Ramsey Street Saint Paul, MN 55102 Dear Petitioners: Enclosed is a copy of Council File 98-747 which was adopted by the City Council on August 26, 1998. The resolution provides for the vacation of that part of Western 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, . 41-‹-t'77(9626e Shari Moore Deputy City Clerk cc: Valuation Engineer - Finance File No. 1-1998 Enc. PAUL R. HEDBER G 339 Irvine Avenue ST. PAUL, MINNESOTA 55102 (612) 222-8541 August 10, 1998 Council Member Cris Coleman St. Paul City Hall and Courthouse St. Paul, MN 55102 Re: Vacation of the eastern portion of Western Avenue lying northwesterly of Grand Avenue and south of Ramsey Street. Petitioner: Maui Pacific, Inc. City Council Ward #2 Planning District#9 File No.: 1-1998 Dear Councilman Coleman: My partner and I are owners of a single family house located at 369 Grand Avenue and a duplex located next door at 365 Grand Avenue. Both of these properties had access to the back portions of their lots via an easement road running along the north boundary of the properties. The easement road is 20 feet wide and is owned by Maui Pacific, Inc. The easement road also provides access to 11 newly constructed garages for the Ramsey Hill Townhomes which were recently built by Maui Pacific. The front of these 11 townhomes is on Ramsey Hill. On or about October 9, 1997, Maui Pacific hauled in many loads of fill and elevated the easement road from 2.5 feet to 3.5 feet above the original gravel road. This fill was then black topped with 4 inches of asphalt. There is a garage at the rear of the single family house at 369 Grand Avenue which has now been rendered useless because Maui Pacific has violated the easement by raising the level of the easement road making access to the garage inaccessible for a car and permitting rain water and snow runoff to run through the garage. Although there is no garage at the back of the duplex located at 365 Grand Avenue, the back of that property was easily accessible from the easement road until the easement road was raised and a curb was installed. Enclosed are photographs which show these areas. We are presently in litigation with Maui Pacific to resolve these problems. L,'" Council Member Coleman August 10, 1998 Page Two The vacation of Western Avenue lying northwesterly of Grand Avenue and southerly of Ramsey Street will be brought before the City Council on August 12. The portion of Western Avenue to be vacated abuts the 20 foot wide easement road which previously, but no longer, provides access to 369 and 365 Grand Avenue. The easement road continues to provide access to the 11 townhomes recently completed by Maui Pacific. On January 7, 1998 the City Council passed a resolution approving the final plat for the Ramsey Hill Tounhomes subject to 5 contingencies, one of which was the vacation now under consideration by the City Council and also that all existing private easements on the subject property shall be retained in the new plat. We request that the City Council delay the proposed vacation of Western Avenue for 8 weeks and request that Maui Pacific resolve the easement road problems indicated above before the issue of the vacation is brought back before the City Council. On August 6 I reviewed this matter with Jennifer, your legislative assistant. I provided her with maps and additional photographs which illustrate the problems with the easement road after it was elevated by Maui Pacific. Very tru •. rs, Pahl R. Hedberg - le" — / c: Council Members: Jerry Blakey Jay Bananav Mike Harris James Reiter Daniel Bostrom Kathy Lantree NOTICE OF PUBLIC HEARING Notice is hereby given that the petition of Maui Pacific Inc . for the vacation of that part of Western Avenue lying northwesterly of Grand Avenue and south of Ramsey Street, thereof on file and on record in the office of the City Clerk of Saint Paul, Minnesota, and said petition will be heard and considered by the 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 12th day of August, 1998 at 5 :30 P.M. Dated July 23 , 1998 Shari Moore Deputy City Clerk (July 25, 1998) 5��11 NT P^U ' Interdepartmental Memorandum OrPt CITY OF SAINT PAUL AAAA To: All Council Me bers From: Peter White Right of Way En sneer 140 City Hall Date: July 21, 1998 Subject: TMS Department Vacation File No. 1-1998 I recommend a public hearing before the City Council be held on August 12, 1998 . The purpose of this hearing is to vacate a part of Western Avenue lying northwesterly of Grand Avenue and south of Ramsey Street. This property is located in City Council District 2, Planning District 9. The subject petition is in proper form and has been signed by the requisite number of property owners. cc: Shari Moore RECEIVED JUL 2 21998 CITY CLERK CITIZEN SERVICE OFFICE Fred Owusu,City Clerk P A[U . CITY OF SAINT PAUL 170 City Hall TeL: 612-266-8989 Norm Coleman,Mayor 15 W.Kellogg Boulevard Fax 612-266 8689 tOpht Saint Paul,Minnesota 55102 Web:http://www.stpauLgov AIM TDD:266-8509 December 30, 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 Maui Pacific Inc. for the vacation of East half of adjoining Western Avenue from Ramsey Street to Grand Avenue, as and of record in the office of the Saint Paul City Clerk. Very truly yours, Shari Moore Acting Deputy City Clerk SM Attachment transmit.fins Signatures of Owner(s)/Representative(s) of Property(ies) Below: C y e 1i L rice. MAUI Ron c 37 At s- �T f tkUi S5i02 do4N uC 1 "Minim Ian 1 5 'At �. �ip2 (�lr ��� i �-UANN E GoP S t-6 37 C,?ivJ L Nv s, Pfs- t I, l� am the petitioner,or one of the petitioners in the above matter,and I do hereby swear and verify that each of the signat ,es.#is tition wassign my presence by the person described in the petition. ("4 (Petitioner) Su. . .and sworn to before me this 611A_ day of 6{,Lec4 ,199 7 . w /5, . 4.4 / / (Notary), (<alt><f-10>vg) 0 <:t HILJA MICHELLE CARLSON 1 •�.tom�_ NOTARY PUBUC-MINNESOTA ci�' •j RAMSEY COUNTY `' My Commission Expires 'y January 91. 2000 Attachment A The Ramsey County Department of Public Works County Surveyor and the City of Saint Paul Department of Public Works Survey Division acknowledge that an error had occurred years ago on a plat that effects the western property lines of lots 24 and 25. The current survey has the Western line of lot 25 running thru the existing house of 373 Grand Ave. The western 1/2 of Western Avenue will remain to be used as an access from Grand Avenue for 369, 373 and 383 Grand Avenue along with the townhomes of 356 - 376 Ramsey Street. The City of Saint Paul Public Works Department agrees that this section of Western Avenue will not be improved as a city street between Grand Avenue and Ramsey Street, therefore by vacating this section of Western Avenue the property lines of lots 24 and 25 can be corrected. SAINT PAUL N �{� IV"`0o�3,y AAA* 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: See Attachment g I(we)request this vacation for the following reason(s). See Attachment A 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: Name:Z1 tZ•EZ1 _ Name: ■ - — -- ►I v � ' ci (, c\ Phone: 7 0� 700-7_ Phone: 701 7007 Address: 37 GO RP", SEY Sr Address: 3�w 12—A A S EY �T 67. .Pav L MN SS MN SS t O 2 Alternate Contact Person Name: l IN I S "Ft Name: Phone: 707 7 7 0'0 �T- Phone: Address: 37(C? f2.PsM SAY .ST" ! Address: St--PpvL- IAN SS 0 2 Name: Phone: Address: Name: Phone: Address: 11/11/97 16:04 FAX 612 424 5822 LOUCKS & ASSOC. 2)002 PLANNING avn.ENGINEERING AUCkg LAND SURVEYING ENVIRONMENTAL vrlSOC th!f, OIW ARCHAEOLOGY Attachment B Ramsey Hill Townhomes Vacation of East Half of Adjoining Western Avenue From Ramsey St. to Grand Ave. Proposed Description(11/11/97) That part of Western Avenue lying west of the west line of Lots 24 and 25, Whitacre, Brisbine & Mullen's Subdivision of Lots 1 and 2 of Leech's Addition of Outlots to the Town of Saint Paul, according to the recorded plat thereof, Ramsey County, Minnesota, and said west lines produced; lying south of the south line of Ramsey Street(also being the north line of said Lot 24, produced west); Iying north of the northwesterly right-of-way line of Grand Avenue(formerly known as Oaldand Avenue); and lying east of the west line of the southeast quarter of Section 1,Township 28 North,Range 23 West,said Ramsey County. • > LOLXXS&AssocaAms,INc. •7200 HEMLOCK LANE,Sui 12:300•MAIpLE GROVE, MINNESOTA 55369-5592 •TEL:(612)424-5505•FAx:(612)424-5822 e-mail: IouckS @minn.ner•web page: hup://www I.minn.ncv-Iouds/ PauL R.MCLAGAN&SON•6015 CARILL AVENUE EST• INNER GROVE HFIOIITS,MLNNE$OTA 55076•TEL: (612)457-3645 •Pix:(612)457-8642 ,na,r,ou. toLoe1vIq slth Cori:;orstic,n. .,t,,• fl No delinquent taxes and transfer entered;Certificate :0.4S 1 �''�'r`" t' ■. ( ) not required CERT.RT. RFCOriDeI' .:-II ole ? PoliglitiFtstaii XE a o. _ RANSFER ENTERFfl 19 OR 1 2 23 I p M I I LOU MI:n�t@fiA APR 0 71997 COUNJY R-EECORDER ,Ac o ., County Auditor gC/ DEPUTI' vw�ii T Coo,�e er .,MN ger Deputy STATE DEED TAX DUE-HEREON: S raO7*CD Date:_ A :ri l 19 97 (reserved for recording data) • FORvALUABLECONSIDERATION Paul. R. H.?(Ibe.+ru and `Dean N. S'us_Bsr, as 7•r =tc;;:; under 'Trust A,reernent dat:ld Seuta;rber 28, 199_C r,nd Rouhate.mEut, ji r#W}, thereof dated October 1, '.952, Grsnl:ors JcimINAt@1vP hereby convey(s)and warrant(s)to Th..MAUI PACIFIC, INC., a cop:rorati on under the 'ewe. of the Sl:.si of Minne ,.ta ,Granteete), ' real property in Rarn(e,.,!y County,Minnesota,described as follows: Exhitit A atl-.achad l Hotta# p AGRICULTURAL CONSERVATION Fli'r• f'--• of FEE PAID Re.....,cpy .�..,.,,. RAMIFY COUNTY -�� Pd by/Sill r 1`,, Seller states that seller is not aware of any wells on the above described property. Of more 50ece;1 needed,contlnye on bock! together with all hereditaments and appurtenances belonging thereto,subject to the following exceptions: 4/7 No. 88486 RAMSEY COUNTY pcu.1 :t. Hcdbary :Inc? Dean N. Eausser as N./ MINNESOTA /� '.iru3tb:es under Trust F.;r ,for ent dated DEED TAX AMOUNT �7%� Sart('rt"'r 2 •90 ant' Rzsbar,emr)t th,Frc:4: :a(4.:r. -r_ Or 92 STATE OF MINNESOTA C ,.,''li, ' } sa. COUNTY OF N6ul1FP1N ))) C/ The foregoing instrument was acknowledged before me this l day of_ A; r i 1 1912_, by Paul P. Nedb rs, Trust - u,lder Trust. A::reemerit dat..rl Seatember 28,193Q and Restatement thereof dot..:c Ocob: r L, 1992 ,Grantor(s). NOTARIAL STAMP 012'1E41.(OR OTHER TITLE OR RANK) ! !' •.,.•-.,n.+.n.+.,+n++n,-,+nMn+++M.n`-v'.' ii il0 RE T PERSON TAKING ACKNOWLEDOMZNT ALEX A.GPUNUHGPrL.i tRYfap (et rh.NU DtevettY dneelbed In(hi,inett�nen{ohol(14 ' Tg •0Th^r N_'?'-1:-I:f:wr:: :. be.ant to(leclude n.m.sad■dd,. e(Oranf..) �� L.sucunrn,Yrr .Tm.C.rI• Ja .11,::00 ''^��'ri PACIFTC, INC.Myc alq SE ill4c/w STS THIS INSTRUMENT wAS DRAFTED BY INA•EAND ADDRESS) 5q 1 ZCIY Free t 9. Fish::c' /I/ A l;®bL,I S j "V SS11I !"' 1869 Eayie Rid ,_ Dr. , No. = St. Paul, NN 5E118 CERT.OF RM.ESTATE VAWE 0/-'-'23 .- 73-4/cg- 000 7-9 " a -, 2 (000 9-5 ) P L 0/544-"/ ,DI 1'/ U "CM TIT:E C C IC\, INC. -r^; -i c C :45/NC. H6OOKKE xxhh • EMIT-131T A Property in Ramsey County, Minnesota described as follows: • Lots 20,21 and 22, Whitacre, Brisbine and Mullen's Subdivision of Lots 1. and 2 of Leech's Addition of Outlots to the Town of St.Paul, including the North Vz of vacated alley adjoining said Lots, and except that part taken for Western Avenue. Also that part of Lots 19 and 30, Whitacre, Brisbine and Mullen's Subdivision of Lots 1 and 2 of Leech's Addition of OutJots to the Town of Saint Paul, including that part of vacated alley adjoining said lots, described as commencing at the Northeast corner of Lot 18 ,Whitacre, Brisbine and Mullen's Subdivision of Lots 1 and 2 of Leech's Addition of Outlots to the Town of Saint Paul; thence South along the East line of said Lot 18 a distance of 47.00 feet; thenceWest parallel with the North lint of said Lot 18 a distance of 27.40 feet; thence Southwesterly parallel with theNorthwesterly line of Grand Avenue (formerly Oakland Avenue and formerly Pleasant Avenue) a distance of 63.00 feet; thence South parallel with the West line of said Lot 19 a distance of 16.00 feet to to the actual point of beginning of the land to be described; thence Southeasterly a distance of 59.63 feet to a point on the Northwesterly line of Grand Avenue(formerly Oakland Avenue and formerly Pleasant Avenue) distant 51.00 feet Northeasterly of its intersection with the West line of said Lot 30; thence Southwesterly along the Northwesterly line of Grand Avenue a distance of 30.00 feet; thence Northwesterly a distance of 27.04 feet to a point on the North line of said Lot 30 distant 7.00 feet East of the Northwest corner of said Lot 30; thence West along the North line of said Lot 30 a distance of 7.00 feet to the Northwest corner of said Lot 30; thence North along the West line of said Lot 19 and its Southerly extension a distance of 42.13 feet to an intersection with a line drawn West parallel with the North line of said Lot 19 from the actual point of beginning; thence East parallel with the North line of said Lot 19 a distance of 15.64 feet to the actual point of beginning; subject to Driveway Easement over this described parcel and also subject to Driveway Easement over the Southerly 20 feet of said Lots 20,21 and 22 including the North 1/2 of vacated alley adjoining • Pr -77! . :. V rrl1u , l:\��. �� .n r <nCOV^I�. t. 0 9:4 /1C. vv .` n EXh IBIT �"A- 2986465 c:r. AP4 ( 224 PH IT Lou me .cnitA COUNT RECORDER• BY D.E P-U,TY LEGAL DESCRIPTION- • Parcel 1: (Torrens Property) . Lots 23 and 24, Whitacre, Brisbine& Mullen's Subdivision of Lots 1 and 2-of Leech's Addition of Outlots to the Town of Saint Paul. Parcel 2: (Abstract Property) —_— — -- --- Lots 20, 21, 22, Whitacre, Brisbine& Mullen's Subdivision of Lots 1 and 2, of Leech's Addition of Outlots to the Town of Saint Paul, including the North 1/2 of vacated alley adjoining said Lots, and except that part taken for Western Avenue. Also that part of Lots 19 and 30,Whitacre, Brisbine & Mullen's Subdivision of Lots 1 and 2 of Leech's Addition of Outtots to the Town of Saint Paul, including that part of vacated alley adjoining said lots, described as commencing at the Northeast corner of Lot 18, Whitacre, Brisbine & Mullen's Subdivision of Lots-1 and 2 of Leech's Addition of Outlots to the Town of Saint Paul;thence South along the East line of said Lot 18 a distance of 47.00 feet;thence West parallel with the North line of said Lot 18 a distance of 27,40 feet: thence Southwesterly parallel with the Northwesterly line of Grand Avenue (formerly Oakland Avenue and fornieriy Pleasant Avenue) a distance of 63.00 feet; thence South parallel with the West line of said Lot 19 a distance of 16.00 feet to the actual point of beginning pf the land to be described; thence Southeasterly a distance of 59.63 feet to a point on the Northwesterly tine of Grand Avenue (formerly Oakland Avenue and formerly Pleasant Avenue) distant 51.00 feet Northeasterly of its intersection with the West line of said Lot 30; thence Southwesterly along the Northwesterly line of Grand Avenue a distance of 30.00 feet; thence Northwesterly a distance of 27,04 feet to a point on the North line of said Lot 30 distant 7.00 feet East of the Northwest corner of said Lot 30: thence West along the North line of said Lot 30 a distance of 7.00 feet to the Northwest corner of said Lot 30; thence North along the West line of said Lot 19 and its Southerly extension a distance of 42.13 feet to an intersection with a line drawn West parallel with the North line of said Lot 19 from the actual point of beginning: thence East parallel with the North line of said Lot 19 a distance of 15.64 feet to the actual point of beginning. M. R T. P-ad Ii -1(21 ~L Bute • • FRD�12. .t1P.P.4t1.911.eH. FRX kOi...w6kim,64v67 h/unut+7 11-la.enenac.6.=.Tigneanali•e1 IrxWrtuai Is)to In0n.dual(s) , No delinquent taxes and transfer entered;Certificate of Kcal Estate Value( )filed( )not required Certificate of Real Estate Value No. ,19_ . County Auditor by _._._..._ Deputy STATE DEED TAX DUE HEREON:S Date: April /3 19 95 (reserved for recording data) FOR VALUABLE CONSIDERATION, Paul R. Hedberg and Dean N. Sausser, as Trustees under Restatement of Hedberg-Sausser Short Form Revocable Trust Agreement dated (-Grantor-as October 1, 1992, Grantors, (marital stews) hereby convey(,and warrant fa)to John A. McDonough and Luanne Cortesi : as tenants in common •Grantee(s), real property in Ramsey County,Minnesota,described as follows: Lot Twenty-five (25), Whitacre, Brisbine and Mullen's Subdivision of Lots 1 and 2 of Leech's Addition of Outlets to the Town of St. Paul, together with so much of Lisbon Street vacated as accrued to said premises and Lot 72 of said Subdivision by reason of the vacation thereof, according to the recorded plat thereof on file and of record in the office of the Register of Deeds in and for said County. (if more space is needed,continue on back) together with all hereditaments and appurtenances belonging thereto,subject to the following exceptions: ,•• • . . 'nom-k.t. 'au . 'e..erg can . ours r Trustees Under Restatement of Hedberg-Sausser STATE OF MINNESOTA Short Form Revocable Trust agreement dated ss COUNTY OF Ramsey October 1, 1992 The foregoing instrument was acknowledged before me this /3 day of April 1995 by Paul R. Hedberg, jrustee Under Restatement of Hedberg-Sausser Short Form Revocable' Trust Agreement doted October 1 , 1992 ,Grantor(s). ■(r1 tk IA; STAMP OH SEA( (OK orriF.R TtrI.T QN KA'F �+L— //. \ "��*.•-�•v� �Mw+ tONATURE OP PERSON TAKING ADt'O WLEDOMENr NCRARY�PIN%=TA I Tax Statements for the real rvperty described in this instrument should DAKOTA COUNTY be rant to(Include name and addren of Grantee): Fe1'Corm Exranra Jan.31,2000 John A. McDonough and Luanne Cortesi :i+'.I..I•RI UKnrr+;p HV.\n Nti AND nj)pR1,Sn Fred W. Fisher • 1400 Norwest Center 55 E. 5th St. • St. Paul , MN 55101 • (Acknowledgment by Dean N. Sausser on back) 1 081004/9-89 1 0 -I -13 o -4 m = A m ;f 2 Om D N -z a -n C• k z •om1c O m a 'tr U, • L'-' z n r -1 n . . --\) - ' -;,1-:, Z- r .3 1 0 (- �7 -0 I l/ q,,'; O O r \ru O f r O 4 LJ1 r r ajOZ O=� _ �z '" 911. * p d ''?Dm ' Mi., o��; > z p 2. mu) m 3o e_ m D r -4 9 • n ' D 2 cm) Q O f • n z Z < Q m '0 0 0 4 g w m Security features Included. Details on back.