98-747 (2) ulaA
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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
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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
. •
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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
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