The URL can be used to link to this page

97-1132 (2) 3054789 Return copy to: Council File # 1 Real Estate Division 140 City Hall Green Sheet # iv v� \ RESOLUTION n p n [‘i C L i A :_ CITY OF SAINT PAUL, MINNESOTA 5:1- Presented By Referred To Committee: Date 1 RESOLVED, that upon the petition of David J. Erickson, per Finance Department File 2 Number 2-1997, public properties herinafter 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 vacated are is described as follows: 7 8 That part of Victoria Street lying within the following described line: 9 . 10 From the southeast corner of Lot 6, Block 5, The Strand Addition; thence 11 northerly along the east line of the said Lot 6 a distance of 36.00 feet to the point 12 of beginning; thence easterly along a line perpendicular to the said east line a 13 distance of 1.50 feet; thence northerly along a line parallel to the said east line a 14 distance of 50.00 feet; thence westerly along a line perpendicular to the said east 15 line a distance of 2.00 feet; thence southerly along said east line a distance of 1.50 16 feet to the point of beginning. 17 18 This vacation shall be subject to the terms and conditions of Chapter 130, codified March 1, 19 1981, of the Saint Paul Legislative Code as amended, and to the following conditions: 20 21 1. That this vacation shall be only temporary. Upon demolition of the encroaching 22 building, the above described property shall revert to public right-of-way. 23 24 2. That the petitioner's, their successors and assigns shall pay $500.00 as an 25 administrative fee for this vacation which is due and payable within 60 days of the 26 effective date of this resolution. 27 28 3. That with the accompanying Utility Easement Certificates of Intended Non-Use, filed 29 voluntarily on behalf of U.S. West Communications, Incorporated, Northern States 30 Power Company, District Energy St. Paul, Incorporated, MCI Metro, Continental 31 Cablevision, the Water Utility, and the Department of Public Works, made a part 32 hereof by this reference and filed in the office of the City Clerk of Saint Paul, the City, 33 for itself and on behalf of these corporations and departments does hererby waive the 34 right to the utility easements in the vacated area described above for the lifetime of the 35 encroaching structure, such easements to be reinstated following demolition of the said 36 structure. 37 3054789 1 9. That the petitioner's their successors, and assigns agree to indemnify, defend and save 2 harmless the City of Saint Paul, its officers, and employees from all suits, actions, or 3 claims of any character brought as a result of injuries or damages received or sustained 4 by any person, persons, or property on account of this vacation or petitioner's use of 5 this property, including but not limited to a claim brought because of any act of 6 omission, neglect, or misconduct of said petitioner or because of any claims or liability 7 arising from any violation of any law or regulation made in accordance with the law, 8 whether by the petitioner or any of their agents or employees 9 10 4. That the petitioner's their successors, and assigns, shall within 60 days of the effective 11 date of this resolution, file with the City Clerk an acceptance in writing of the 12 conditions of this resolution and shall within the period(s) specified in the terms and 13 conditions of this resolution, comply in all respects with these terms and conditions. 14 Yeas Nays Absent Blakey Requested by Department of: Bostrom Technology & Management Services Harris I ✓ �� • Megard ,/- By: Z _ kM-Q9-✓\ ,.1/.P.Atria.annc1\;,,y L% I rn/birector Thune I ( t.. Form Appro d by City Attorney Adopted by Council: Date \' \197 By: W.7 Adoptie,I Certified by Co. cil Scretary l By: _ ._` : .p Ma or for Submission to Council Approved by M.yor: Date G' /3- C 1- By: 1A7Z. By: Arniiet 3 ' r - -'L. i7ts,CRDER tlt1 CC 1'4'4J APR 28 P 3 35 C'T STATE OF MINNESOTA ) COUNTY OF RAMSEY ) ss. FJUTY CITY OF ST. PAUL I, Shari Moore, Acting Deputy City Clerk of the City of Saint Paul, Minnesota, do hereby certify that I have compared the attached copy of Council File No. 97-1132 as adopted by the City Council on September 10, 1997 and approved by the Mayor on September 18, 1997 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 27th day of April 1998. 5/tetti 1 7) .0-ct (TNT ' 7 0 1nstru # ACTING DEPUTY CITY CLERK Fitt trtg fee q. r.-- *‘.ec copy 7 ? • C' Cer copy ' .* iitials ?cl by/b . t: c0 ET LH TC 6Z' „ieivo-r -e 3Øce ti 6 e-14 CITIZEN SERVICE OFFICE Fred Owusu,City Clerk :VililiT. CITY OF SAINT PAUL 170 City Hall Tel.: 612-266-8989 40i Norm Coleman,Mayor 15 W.Kellogg Boulevard Fax: 612-266-8689 Saint Paul,Minnesota 55102 Web:http://www.stpauLgov AAAA TDD:266-8509 ~am.. November 17, 1997 Mr. Rudy Paczkowski Department of Public Works Room 800, City Hall Annex Dear Sir: Will you please prepare prints showing the vacation of that part of Victoria Street as more fully described on the attached resolutions 97-1132 and 97-1271. Please be advised that the necessary acceptance and compensation have been filed. In accordance with our agreement we expect the prints in our office no later than December 2, 1997. If you cannot meet this deadline please notify me right away. Thank you. Very truly yours, /.,a -1/za ,ice-o aPt.ocl Frances Swanson Deputy City Clerk FS cc: Valuation Engineer - Finance File 2-1997 141051'0,c* L/'(\. CITIZEN SERVICE OFFICE Fred Owusu,City Clerk SAINT CITY OF SAINT PAUL 170 City Hall Tel: 612-266-8989 Norm Coleman,Mayor 15 W.Kellogg Boulevard Fax: 612-266-8689 ookt Saint Paul,Minnesota 55102 AAAA April 27, 1998 To: Ramsey County Recorder Number Instrument Description Fees CF #97-1132 Resolution Portion of Victoria Street south of Como and Avenue 97-1271 (9r- D RAMSEY COUNTY RECORDER BY Contact Person: Shari Moore r-� 266-8686 3054789 89 � TRANSFER " CZ; 4 DS Z , 19 _.( bikai..,,ui 1, 111::. 410.XATION -ams• C'' ;sota ' \ S. By �;yr Return copy to• Council File # 91-j)..1 t Real Estate Division 140 City Hall Green Sheet # 500 %b RESOLUTION CITY F SAINT PAUL, MINNESOTA as Presented By 4, Referred To Committee: Date 1 WHEREAS, on September 10, 1997, the Council passed CF# 97-1132, temporarily vacating a 2 portion of Victoria Street south of Como Avenue; and 3 4 WHEREAS, the legal description of the area to be vacated contained a typographical error; 5 6 BE IT THEREFORE RESOLVED, that lines 8 through 16 on the first page of the said CF# 97-1132 7 be amended to read: 8 9 that part of Victoria Street lying within the following described line: 10 11 from the southeast corner of Lot 6, Block 5, The Strand Addition; thence northerly along 12 the east line of the said Lot 6 a distance of 36.00 feet to the point of beginning; thence 13 easterly along a line perpendicular to the said east line a distance of 1.50 feet; thence 14 northerly along a line parallel to the said east line a distance of 50.00 feet; thence westerly 15 along a line perpendicular to the said east line a distance of 1.50 feet; thence southerly 16 along said east line a distance of 50.00 feet to the point of beginning. BE IT FURTHER RESOLVED, that all other terms and conditions of the said CF# 97-1132 shall remain in full force and effect. I Yeas I Nays I Absent Blakey I ,✓ I I Requested by Department of: I Bostrom I ✓ I I Technology & Management Services Morton ✓' Harris ✓' ' 1 I Megard ,/ By: �' ALA AL Atha, I Collins I I cm Dilrector Thune I ✓ I Form Approved by City Attorney � I II ,--7 I %, II Adopted by Council: Date ,.j; \s '7 91 By: Z.//-24,1,4,`' Adoptio Certified by Council Secretary -- By: 1\ N,,,J.�,\_-A:,--_ Appro -: .y .yor for bmission to Council Approved by Mayor: Date i L Jz- /5 `,-- / By: - . • By: Aq /' Saint Paul, Minnesota September 22 , 1997 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. 97-1132, adopted by the City Council on September 10, 1997, and signed by the Mayor on September 1 997 1 4114 Ka2y. t .,-J-d-ii)-- CAA-4;e-, co LEMMONS & LEMMONS ATTORNEYS AT LAW Woodbury Office 1210 WEST COUNTY ROAD E Chad D. Lemmons 1890 Wooddale Drive, Suite 100 ARDEN HILLS, MINNESOTA 55112 Raymond L. Lemmons Woodbury, Minnesota 55125 Telephone (612) 486-3850 (Of Counsel) Telephone (612) 735-9591 Fax (612) 482-1662 RECEIVED October 29, 1997 NOV 17 1997 ;i..�.Y CLERK City of Saint Paul 170 City Hall 15 West Kellogg Blvd. St. Paul, MN 55102 Attn: Ms. Frances Swanson Deputy City Clerk In Re: File No.: 97-1132 Dear Ms. Swanson: Enclosed herewith please find the executed Acceptance and a check for $500.00, as required in Paragraph 2 of the Resolution. I believe this satisfies all the conditions of the Resolution. Sincerely yours, LEMMONS & LEMMONS Chad D. Lemmons Attorney at Law CDL/dew Encl. CITIZEN SERVICE OFFICE Fred Owusu,City Clerk S CITY OF SAINT PAUL 170 City Hall Tel.: 612-266-8989 oilpit Norm Coleman,Mayor 15 W.Kellogg Boulevard Fax: 612-266-8689 Saint Paul,Minnesota 55102 Web:http://www.stpauLgov 1111111.1 TDD:266-8509 mows November 17, 1997 Mr. Rudy Paczkowski Department of Public Works Room 800, City Hall Annex Dear Sir: Will you please prepare prints showing the vacation of that part of Victoria Street as more fully described on the attached resolutions 97-1132 and 97-1271. Please be advised that the necessary acceptance and compensation have been filed. In accordance with our agreement we expect the prints in our office no later than December 2, 1997. If you cannot meet this deadline please notify me right away. Thank you. Very truly yours, >`,' Frances Swanson Deputy City Clerk FS cc: Valuation Engineer- Finance File 2-1997 CITIZEN SERVICE OFFICE Fred Owusu,City Clerk :VV.' A`U L CITY OF SAINT PAUL 170 City Hail TeL: 612-266-8989 4101, Norm Coleman,Mayor 15 W.Kellogg Boulevard Far 612-266-8689 Saint Paul,Minnesota 55102 Web:http://www.stpauLgov MUM TDD:266-8509 November 17, 1997 Mr. Rudy Paczkowski Department of Public Works Room 800, City Hall Annex Dear Sir: Will you please prepare prints showing the vacation of that part of Victoria Street as more fully described on the attached resolutions 97-1132 and 97-1271. Please be advised that the necessary acceptance and compensation have been filed. In accordance with our agreement we expect the prints in our office no later than December 2, 1997. If you cannot meet this deadline please notify me right away. Thank you. Very truly yours, . -7":77 '_ 2 ce-s C1-4 c7k) Frances Swanson Deputy City Clerk FS cc: Valuation Engineer - Finance File 2-1997 Return copy to: Council File ;r## Iva Real Estate Division 140 City Hall Green Sheet # RESOLUTION OPIqIN CITY OF SAINT PAUL, MINNESOTA 5:5° Presented By ,.4■11 a111111 Referred To Committee: Date 1 RESOLVED, that upon the petition of David J. Erickson, per Finance Department File 2 Number 2-1997, public properties herinafter 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 vacated are is described as follows: 7 8 That part of Victoria Street lying within the following described line: 9 10 From the southeast corner of Lot 6, Block 5, The Strand Addition; thence 11 northerly along the east line of the said Lot 6 a distance of 36.00 feet to the point 12 of beginning; thence easterly along a line perpendicular to the said east line a 13 distance of 1.50 feet; thence northerly along a line parallel to the said east line a 14 distance of 50.00 feet; thence westerly along a line perpendicular to the said east 15 line a distance of 2.00 feet; thence southerly along said east line a distance of 1.50 16 feet to the point of beginning. 17 18 This vacation shall be subject to the terms and conditions of Chapter 130, codified March 1, 19 1981, of the Saint Paul Legislative Code as amended. and to the following conditions: 20 21 1. That this vacation shall be only temporary. Upon demolition of the encroaching 22 building, the above described property shall revert to public right-of-way. 23 24 2. That the petitioner's. their successors and assigns shall pay $500.00 as an 25 administrative fee for this vacation which is due and payable within 60 days of the 26 effective date of this resolution. 27 28 3. That with the accompanying Utility Easement Certificates of Intended Non-Use, filed 29 voluntarily on behalf of U.S. West Communications, Incorporated. Northern States 30 Power Company, District Energy St. Paul. Incorporated. MCI Metro, Continental 31 Cablevision, the Water Utility, and the Department of Public Works, made a part 32 hereof by this reference and filed in the office of the City Clerk of Saint Paul. the City, 33 for itself and on behalf of these corporations and departments does hererby waive the 34 right to the utility easements in the vacated area described above for the lifetime of the 35 encroaching structure, such easements to be reinstated following demolition of the said 36 structure. 37 1 9. That the petitioner's their successors, and assigns agree to indemnify, defend and save 2 harmless the City of Saint Paul, its officers, and employees from all suits, actions, or 3 claims of any character brought as a result of injuries or damages received or sustained 4 by any person, persons, or property on account of this vacation or petitioner's use of 5 this property, including but not limited to a claim brought because of any act of 6 omission, neglect, or misconduct of said petitioner or because of any claims or liability 7 arising from any violation of any law or regulation made in accordance with the law, 8 whether by the petitioner or any of their agents or employees 9 10 4. That the petitioner's their successors, and assigns, shall within 60 days of the effective 11 date of this resolution, file with the City Clerk an acceptance in writing of the 12 conditions of this resolution and shall within the period(s) specified in the terms and 13 conditions of this resolution, comply in all respects with these terms and conditions. 14 • Yeas , Nays Absent Blakey I r✓ I Requested by Department of: Bostrom / Technology & Management Services u IVI6,4-,.J ,/ Harris ✓ Megard ✓ By: 7 (kAii—g DPn irector Thune r/ Form Appro '•d by City Attorney cv ► I / Adopted by Council: Date � \� \G` -7 By: il,'A'�-- 74//7 Adoptit,I Certified by Co cil cretary �� 1' 1 By: _ . �� • •• e. •a - -Ma or for Submission to Council Approved by M.yor: Date q/i r(ci Pi401( By: By: VIIF- Return copy to: Council File # 1 l'3�.. Real Estate Division 140 City Hall Green Sheet # \v(D0 C N I\ RESOLUTION 0 R I G I j` L. CITY OF SAINT PAUL, MININESOTA SJr / Presented By likL■ vdiak Referred To Committee: Date 1 RESOLVED, that u on the petition of David J. Erickson, per Finance Department File 2 Number 2-1997, pubic properties herinafter 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 vacated are is described as follows: 7 8 That part of Victoria Street lying within the following described line: 9 10 From the southeast corner of Lot 6, Block 5, The Strand Addition; thence 11 northrly along the east line of the said Lot 6 a distance of 36.00 feet to the point 12 of beginning; thence easterly along a line perpendicular to the said east line a 13 distance of 1.50 feet; thence northerly along a line parallel to the said east line a 14 distance of 50.00 feet; thence westerly along a line perpendicular to the said east 15 line ajdistance of 2.00 feet; thence southerly along said east line a distance of 1.50 16 feet ti the point of beginning. 17 18 This vacation shall e subject to the terms and conditions of Chapter 130, codified March 1, 19 1981, of the Saint aul Legislative Code as amended, and to the following conditions: 20 21 1. That this va ation shall be only temporary. Upon demolition of the encroaching 22 building, th above described property shall revert to public right-of-way. 23 24 2. That the pet tioner's. their successors and assigns shall pay $500.00 as an 25 administrate e fee for this vacation which is due and payable within 60 days of the 26 effective date of this resolution. 27 28 3. That with Ole accompanying Utility Easement Certificates of Intended Non-Use, filed 29 voluntarily pn behalf of U.S. West Communications. Incorporated. Northern States 30 Power Company, District Energy St. Paul, Incorporated. MCI Metro, Continental 31 Cablevisio , the Water Utility, and the Department of Public Works, made a part 32 hereof by t is reference and filed in the office of the City Clerk of Saint Paul, the City, 33 for itself a d on behalf of these corporations and departments does hererby waive the 34 right to thelutility easements in the vacated area described above for the lifetime of the 35 encroachin structure, such easements to be reinstated following demolition of the said 36 structure. 37 i ai_110a- 1 9. That the petiti ner's their successors, and assigns agree to indemnify, defend and save 2 harmless the ity of Saint Paul, its officers, and employees from all suits, actions, or 3 claims of any haracter brought as a result of injuries or damages received or sustained 4 by any person, persons, or property on account of this vacation or petitioner's use of 5 this property, i cluding but not limited to a claim brought because of any act of 6 omission, negl ct, or misconduct of said petitioner or because of any claims or liability 7 arising from y violation of any law or regulation made in accordance with the law, 8 whether by the petitioner or any of their agents or employees 9 10 4. That the petitio er's their successors, and assigns, shall within 60 days of the effective 11 date of this resolution, file with the City Clerk an acceptance in writing of the 12 conditions of t is resolution and shall within the period(s) specified in the terms and 13 conditions of t is resolution, comply in all respects with these terms and conditions. 14 Yeas , Nays Absent Blakey ,, I j Requested by Department of: I Bostrom I i-/ I I Technology & Management Services a IVIO.--t,„f i/( Harris ✓ • �) Megard ,./— By: ' ,/lam_ .✓,„ -_,Rgttplgi r', 1\�� ✓ /birector Thune L/ Form Appro •d by City Attorney f1 / Adopted by Council: Date ,,� ii\O \G 9 By: r � / - 6/A i. Adopti Certified by Co.o cif Secretary 1 By:✓ A- 1 —..._ - •e e Ma or for Submission to Council Approved by M yor: Date ell 3.-1 4 ''-- /Vaida( By: — - (AA_Z_ By: Return copy to: Council File # Real Estate Division 'A CD/� 140 City Hall Green Sheet # l_`v v� C �- ` RESOLUTION U RIGIN L !CITY OF SAINT PAUL, MINNESOTA S'Jr- Presented By 4 Referred To Committee: Date 1 RESOLVED, that upon the petition of David J. Erickson, per Finance Department File 2 Number 2-1997, public properties herinafter 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 vacated are is described as follows: 7 8 That part of Victoria Street lying within the following described line: 9 10 From the southeast corner of Lot 6, Block 5, The Strand Addition; thence 11 northerly along the east line of the said Lot 6 a distance of 36.00 feet to the point 12 of beginning; thence easterly along a line perpendicular to the said east line a 13 distance of 1.50 feet; thence northerly along a line parallel to the said east line a 14 distance Of 50.00 feet; thence westerly along a line perpendicular to the said east 15 line a dist• ce of 2.00 feet; thence southerly along said east line a distance of 1.50 16 feet to the point of beginning. 17 18 This vacation shall be s bject to the terms and conditions of Chapter 130, codified March 1, 19 1981, of the Saint Paul -gislative Code as amended, and to the following conditions: 20 21 1. That this vacatio shall be only temporary. Upon demolition of the encroaching 22 building, the above described property shall revert to public right-of-way. 23 24 ?. That the petitio •r's, their successors and assigns shall pay $500.00 as an 25 administrative fe for this vacation which is due and payable within 60 days of the 26 effective date of this resolution. 27 28 3. That with the acdompanying Utility Easement Certificates of Intended Non-Use, filed 29 voluntarily on behalf of U.S. West Communications, Incorporated, Northern States 30 Power Company District Energy St. Paul, Incorporated. MCI Metro. Continental 31 Cablevision, the Water Utility, and the Department of Public Works, made a part 32 hereof by this re erence and filed in the office of the City Clerk of Saint Paul, the City, 33 for itself and on oehalf of these corporations and departments does hererby waive the 34 right to the utilit easements in the vacated area described above for the lifetime of the 35 encroaching strut ture, such easements to be reinstated following demolition of the said 36 structure. 37 1 9. That the petiti ner's their successors, and assigns agree to indemnify, defend and save 2 harmless the C ty of Saint Paul, its officers, and employees from all suits, actions, or 3 claims of any haracter brought as a result of injuries or damages received or sustained 4 by any person, persons, or property on account of this vacation or petitioner's use of 5 this property, ilncluding but not limited to a claim brought because of any act of 6 omission, neglect, or misconduct of said petitioner or because of any claims or liability 7 arising from any violation of any law or regulation made in accordance with the law, 8 whether by the petitioner or any of their agents or employees 9 10 4. That the petiti?ner's their successors, and assigns, shall within 60 days of the effective 11 date of this resolution, file with the City Clerk an acceptance in writing of the 12 conditions of t is resolution and shall within the period(s) specified in the terms and 13 conditions of is resolution, comply in all respects with these terms and conditions. 14 Yeas Nays Absent Blakey ( r/ Ia Requested by Department of: 1 Bostrom _ I ✓ Technology & Management Services Harris ✓ ,� Megard ,./ lj By: 0A,..___ -*A-(.9-v\._ -RP n e.,∎\;,N,1 i✓ M,✓f�irector Thune L t/ Form Appro d by City Attorney I .I! c. II < I f Adopted by Council: Date A- \�, \99-7 By: �� /`""4� — P/6/ -( Adopti Certified by Co mil Secretary 1 By:"1 .�-,. - a e e. : ! -Ma or for Submission to Council Approved by Mayor: Da:e q/(,)-- 4 '.- /Vaidgf/ By: - 2,�_ By: SAtNT PAUL_ AMA PETITION TO VACATE CITY INTEREST a ma of the owners(or their legally designated representatives)of the abutting properties,do hereby I(we),the undersigned,constituting majority petition the Council of the City of Saint Paul to vacate its Interests in the property(ics)legally described as follows: The West 6 feet of Victoria Street abutting Lot 6, Block 5, The Strand Addition to Saint Paul , which lies Southerly of the North line of said Lot 6 extended Easterly 6 feet and and lying Northerly of the South line of said Lot 6 extended Easterly 6 feet. I(we)request this vacation for the following reason(s). The home located on Lot 6, Block 5, The Strand Addition to Saint Paul , encroaches upon the street right-of-way as shown on the survey attached hereto. 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: Chad D. Lemmons Name: David J. Erickson Name: 73h-9591 Phone: 'f -� • Phone: a6n Como Avenue 1210 West County Road E Adare : Address: St. Paul . MN 55103 Arden Hills, MN 55112 Alternate Contact Person Narnc: Name: Phone: Phone: Address: Adams: Name: Phone: Address: Signatures of Owner(s)/Representative(s) of Property(ies) Below: Vc.J-- ka y Tischler Erickson 8bU Uomo Ave. St. Paul , MN 55103 I I i ,, , � L i (Kam' /" ,am the petitioner,or one of the petitioners in the above matter,and i do h=eby swear and ve;ify that each of the sigtatures-on this petition was signed in my presence by the person described in the petition. --N1, (Petitioner) j Subscribed and sworn to before me this A ii day of I!) e ( - 12 , 199_, le /( %- ' %� (Notary) ----- (<ala<f-10>vs) ■ wiMARK G. LENTSCH ;r NOTARY PUBLIC-MINN=SO y Co nm.Expires Jan.31.<�JC OWNERSHIP REPORT CAPITAL TITLE CORPORATION, does hereby certify that it has searched the record in the Real Estate Division in the Office of the County Recorder in and for the County of RAMSEY, State of Minnesota and from search finds that the following are the last apparent record owners of: Lots 4, 5 and 6, except the West 55 feet of Lots 4 and 5, Block 5, The Strand Addition to St. Paul. ABSTRACT PROPERTY Owners: David James Erickson and Kay Tischler Erickson, as joint tenants. Joshua L. Tilsen and Faith A. Warranty Deed Latimer, husband and wife Dated October 30, 1996 Filed November 27, 1996 to Document Number 2966343 Lots 4, 5 and 6, except the West David James Erickson and Kay 55 feet of Lots 4 and 5, Block 5, Tischler Erickson, as joint tenants The Strand Addition to St. Paul. NOTE: This report is not to be construed as a legal opinion of Title. Witness the signature of an authorized officer of the said Company this 27th day of January, 1997 at 8:00 a.m. CAPITAL TITLE CORPORATION By � (Mithot r* . .....4 • 0 • !...Yom. -�:. > r,.. 4' ,f',r' :t'' )4',...1, 4 ;^,7A°'i d t y,,,�gfty�q 1414 1. • • • 7 it y0 SO SD y0 . . 4 vS,iv,'i jr.,.°i)t 'c;. • �', - 1.*. 1 4,9,-;,,'% . ..MI .10 NW ■•17121111nMil=111WeriallinalilialliralftWMIllealWIMO ..:'''i: t r 1 • 1 • • • 1 • r 1 { �: �• 1 1 1 • • I 1 a 1• 1 1 ••• I ,.'t •• 1 ■ F 1 i • 1 1 1 ..ti: 1 • 1 1 • 1 / 1 1 :.. .� •1.': - 5 2 3 q. so . • f0 y 0 20 lip 11 1� . ,;; LOitito 14, , ., : ,....-. ., . . ..., AV E . 0 . . ,.•- . ..,: . •-•,:, ., .,.- :. . . '.•:i..:f '-' 1, 4410* Z5 j`.1s 30 v•- 11 N ' - 11 3d : . 888 (oo) I (.59) 1 (ar8) /s�(519 i �cll a (49) I ! d :it."- 1 • • I . I ° ° - -- 1b 9 6 7 •Per : 09( I Ago . • ' V) 1 ° ! I I OS ( �� .:'. V• ••r• :i!'�•r•. _9 . 7 / or' . 7 1 P. cz, �oS1 J 04 D Jr d1 4 - 6 OS, H • it • dp I 3,.. o 4749 O s` , . , -- . (55) ti ,--1 T i C> n.. -r _4 ..1 Nl I ww , in .a > W N a 71,,4 0 LP 1 a 3 „LI,ZZOOS'. o o N F.N __ - 69'fli sob Il T- �' if 2 B,� 89`l OSbl,9• ��f O �, 9l w W I �7 :■ Q ;N o\. _ }1,1747.1" Mm .N 0 NI113M0 ui �N J ?Pin 9NILSIX3 N. ON. _I rfl f Q O t 0 i .1- LI z 0 V 4� _ ---00'Pi l- _--r' I 3„LI,ZZpooN u o - c os u 'E.' O■ 7 - 'i 5 2 t .0.L C O f, L C n — — Z c - O ,.- c - v W t L O r. ys T _ c c c u W O O a N o E64 7- rr v n o c T 4 _c z c c u v 7 t u - _ C C Wn O t N C. S.. p= J V v — 0 0 u c u C. ' ^ v c ?L.o c Z.a c G c"74 L J L c u= ) 4.1 ei G 1�, Z L O C W.� L C n N - (" - .y c'' Z n i it: u 0.1 - - `•J y G - Z z 1._. N n c e ci ■ c V 0 L = V J -In 0 - - c L n ` V { Z - v,,. s c._. E v r! c- - - W .. :rte Z � 'S - ^ -r n i I' L - O i C ^ C C r U ` L JI ■ CERTIFICATE OF INTENDED NON-USE Ckel ` 1`S a--- THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE In the Matter of CITY OF SAINT PAUL Vacation File # 2-1997 The undersigned hereby certifies, on behalf of the indicated department or company, that it does not intend to exercise its utility rights in the realty described below: that part of Victoria Street lying within the following described line: from the southeast corner of Lot 6, Block 5, The Strand Addition; thence northerly along the east line of the said Lot 6 a distance of 36.00 feet to the point of beginning; thence easterly along a line perpendicular to the said east line a distance of 1.50 feet; thence northerly along a line parallel to the said east line a distance of 50.00 feet; thence westerly along a line perpendicular to the said east line a distance of 1.50 feet; thence southerly along said east line a distance of 30.00 feet to the point of beginning. except as here noted: RECEIVED That the vacation and subsequent release of easements shall be temporary, for`the lif&of the encroaching structure only; and the rights of the utility within this described area shall be reinstated upon the removal of the encroachment. `''- ?VISION US West Communications Its Field Engineer STATE OF MINNESOTA ) n > SS. -� COUNTY OF RAMSEY ) �i'"� 'i��G(/�--ti-ci �i�l�t . Lo" Signature The foregoing instrument was acknowledged before me this 2 2nd day of Ma Y . 1997, by Bruce J . Sundberg .the Field Engineer of U S WEST Communications a Corporation under the laws of the State of Colorado . O0.111 J. SfFROM Nmary Public,Ramsey County,Minnesota. WSW PUNI10-411111630TA COM OMB 1414000 My commission expires 1 /31 /2000 * * Please return this original copy to 140 City Hall, St. Paul, MN 55102 * * CERTIFICATE OF INTENDED NON-USE '°‘1 _ 117a— THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE In the Matter of CITY OF SAINT PAUL Vacation File# 2-1997 The undersigned hereby certifies, on behalf of the indicated department or company, that it does not intend to exercise its utility rights in the realty described below: that part of Victoria Street lying within the following described line: from the southeast corner of Lot 6, Block 5, The Strand Addition; thence northerly along the east line of the said Lot 6 a distance of 36.00 feet to the point of beginning; thence easterly along a line perpendicular to the said east line a distance of 1.50 feet; thence northerly along a line parallel to the said east line a distance of 50.00 feet; thence westerly along a line perpendicular to the said east line a distance of 1.50 feet; thence southerly along said east line a distance of 50.00 feet to the point of beginning. except as here noted: That the vacation and subsequent release of easements shall be temporary, for the life of the encroaching structure only; and the rights of the utility within this described area shall be reinstated upon the removal of the encroachment. Bernard E. Gille N.S.P. - Electric Division Its Customer Service Design Coordinator STATE OF MINNESOTA j > SS. rt COUNTY OF RAMSEY Signature The foregoing instrument was acknowledged before me this 17 th day of July , 1997, by !x Ly. ,i<i(`y> _ __ ,the `u'= S C.C-J./ r 5 i( 4/ of % -' C^ Or^1 7>i?7i/ a under the laws of the State of Minnesota. Notary Public, Ramsey County, Minnesota. LUE My commission expires * * Please return this original copy to 140 City Hall, St. Paul, MN 55102 ,. CERTIFICATE OF INTENDED NON-USE 1-1 - 11 � THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE In the Matter of CITY OF SAINT PAUL Vacation File # 2-1997 The undersigned hereby certifies, on behalf of the indicated department or company, that it does not intend to exercise its utility rights in the realty described below: that part of Victoria Street lying within the following described line: from the southeast corner of Lot 6, Block 5, The Strand Addition; thence northerly along the east line of the said Lot 6 a distance of 36.00 feet to the point of beginning; thence easterly along a line perpendicular to the said east line a distance of 1.50 feet; thence northerly along a line parallel to the said east line a distance of 50.00 feet; thence westerly along a line perpendicular to the said east line a distance of 1.50 feet; thence southerly along said east line a distance of 50.00 feet to the point of beginning. except as here noted: That the vacation and subsequent release of easements shall be temporary, for the life of the encroaching structure only; and the rights of the utility within this described area shall be reinstated upon the removal of the encroachment. N.S.P. - Gas Distribution Its D. w6ct L-tt s I�ru', �Y+-e- -� STATE OF MINNESOTA ) /i L rli A> SS. 1l/ COUNTY OF RAMSEY ) p •�V i Si ature The foregoing instrument was acknowledged before me this._;? day of 1/in 7/ . 1997, by V\ V /5-0 the /.C)Fo l e( - C/4 S �ti'ri/.G/Cc.`, `iPj of ik,n �,. �=/A) 4-. irs F 0.0e�'��c .a r-/h/iCi1i,e'. C ?O/ iri X66-' under the laws of the State of Minnesota. L',,;,;CCU �—Z,V Notary Public.Ramsey/County,Minnesota. My commission expires , 6ELai11�81ENIEK i .........y . . Please return this original copy to 1 - . - - �.. -1- '1-.2" ' 5102 * * CERTIFICATE OF INTENDED NON-USE THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE In the Matter of CITY OF SAINT PAUL Vacation File # 2-1997 The undersigned hereby certifies, on behalf of the indicated department or company, that it does not intend to exercise its utility rights in the realty described below: that part of Victoria Street lying within the following described line: from the southeast corner of Lot 6, Block 5, The Strand Addition; thence northerly along the east line of the said Lot 6 a distance of 36.00 feet to the point of beginning; thence easterly along a line perpendicular to the said east line a distance of 1.50 feet; thence northerly along a line parallel to the said east line a distance of 50.00 feet; thence westerly along a line perpendicular to the said east line a distance of 1.50 feet; thence southerly along said east line a distance of 50.00 feet to the point of beginning. except as here noted: DISTRICT ENERGY ST. PAUL, INC. , AND DISTRICT COOLING ST. PAUL, INC. , HAVE NO i na ItneEvaca ion and suosequ0e ri release o easements shall beStemporary, ror the hte otTme encroaching structure only; and the rights of the utility within this described area shall be reinstated upon the removal of the encroachment. RECEIVED ,,.-- nivj^IQN _..� wine wit•.,. District Energy and Coolint. Paul, Inc. Its STATE OF MINNESOTA ) > SS. ? / ' COUNTY OF RAMSEY Signature The foregoing instrument was acknowledged before me this (,p 4`• day of aay- . 1997, by j"'r n �}c!-tA'S S . R c t ct �.- .the lJ Y GS o of l , I Si-r1 a r S . �� Q .a () r i ray,- (JV'oif-;+ c r ro r I 1 under the laws of the State of Minnesota. ,rHIM1IGTrr4 COUNTY Notary Public,Ramsey-.-4C i....ts innesota. My Comm.Expires Jan.31,2000 7 `1 a vvwwvvvvvvvv vvvvvvvvvvvvvwvvvvv■ My commission expires a.�y�a�at 31 a000 � J * * Please return this original copy to 140 City Hall, St. Paul, MN 55102 * * CERTIFICATE OF INTENDED NON-USE THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE In the Matter of CITY OF SAINT PAUL Vacation File # 2-1997 The undersigned hereby certifies, on behalf of the indicated department or company, that it does not intend to exercise its utility rights in the realty described below: that part of Victoria Street lying within the following described line: from the southeast corner of Lot 6, Block 5, The Strand Addition; thence northerly along the east line of the said Lot 6 a distance of 36.00 feet to the point of beginning; thence easterly along a line perpendicular to the said east line a distance of 1.50 feet; thence northerly along a line parallel to the said east line a distance of 50.00 feet; thence westerly along a line perpendicular to the said east line a distance of 1.50 feet; thence southerly along said east line a distance of 50.00 feet to the point of beginning. except as here noted: That the vacation and subsequent release of easements shall be temporary, for the life of the encroaching structure only; and the rights of the utility within this described area shall be reinstated upon the removal of the encroachment. Continental Cablevision Its647 ia.f.-.d' U c/ �c�U,..,- r�r- STATE OF MINNESOTA ; > SS. /ce; / 4"' L c`_- ✓ COUNTY OF RAMSEY Signature - 1 5_ ,l • The foregoing instrument was acknowledged before me this day of ■ / , 1997, I r\_7)--k-rid by � � G�1`l r D) l.."� i I �I"C�, .the � h ti C"�C�-t.-,.(� �-f'1�� ('L''IN. of Co at.'hG't ) 4..-r .a 19 CA QC t `J under the laws of the State of Minnesota. ,�'7. DEBRA KAY HOGcfN Notary Public.Ramsey County,Minnesota ",j e NOTARY PUBLIC•MINNESOTA C i C i �,Y . MY COMMISSION EXPIRES My commission expires C.✓ham,C C.t_ ( ; • JANUARY 31,200D ti --J * * Please return this original copy to 140 City Hall, St. Paul, MN 55102 * * • CERTIFICATE OF INTENDED NON-USE \\ THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE In the Matter of CITY OF SAINT PAUL Vacation File # 2-1997 The undersigned hereby certifies, on behalf of the indicated department or company, that it does not intend to exercise its utility rights in the realty described below: that part of Victoria Street lying within the following described line: from the southeast corner of Lot 6, Block 5, The Strand Addition; thence northerly along the east line of the said Lot 6 a distance of 36.00 feet to the point of beginning; thence easterly along a line perpendicular to the said east line a distance of 1.50 feet; thence northerly along a line parallel to the said east line a distance of 50.00 feet; thence westerly along a line perpendicular to the said east line a distance of 1.50 feet; thence southerly along said east line a distance of 50.00 feet to the point of beginning. except as here noted: That the vacation and subsequent release of easements shall be temporary, for the life of the encroaching structure only; and the rights of the City within this described area shall be reinstated upon the removal of the encroachment. Department of Public Works Its /7 ' A-7/tic //tie- STATE OF MINNESOTA > SS. C 41Z.14''(-,44•"41t.- • 504 OUNTY OF RAMSEY Signature (,,J The foregoing instrument was acknowledged before me this ,;(272---# day of 7 . 1997. by TA/64M 5 •J X66 l"/L� the G'/T v x(1/6 of 1T,9,4-UL /6C ie 1/1/e/C/S.a /l!1 04// //°4--� ( "/,/e/- e)4-77C/(1 under the laws of the State of Minnesota J . SHARON HAMILTON �L ) 1 NOTARY PU3UC•MINNESOTA WASHINGTON COUNTY Notary Public, Ramsey County, Minnesota. My Commfaion Expires Jan.31.2000 J t c}p 0( • Stv commission expires \/ r = Please return this original copy to 140 City Hall. St. Paul. MN 55102 * r, CERTIFICATE OF INTENDED NON-USE THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE In the Matter of CITY OF SAINT PAUL Vacation File # 2-1997 The undersigned hereby certifies, on behalf of the indicated department or company, that it does not intend to exercise its utility rights in the realty described below: that part of Victoria Street lying within the following described line: from the southeast corner of Lot 6, Block 5, The Strand Addition; thence northerly along the east line of the said Lot 6 a distance of 36.00 feet to the point of beginning; thence easterly along a line perpendicular to the said east line a distance of 1.50 feet; thence northerly along a line parallel to the said east line a distance of 50.00 feet; thence westerly along a line perpendicular to the said east line a distance of 1.50 feet; thence southerly along said east line a distance of 50.00 feet to the point of beginning. except as here noted: That the vacation and subsequent release of easements shall be temporary, for the life of the encroaching structure only; and the rights of the utility within this described area shall be reinstated upon the removal of the encroachment. SATNT PATTT. WATER UTIT.TTY Water Utility Its GENERAL MANAGER STATE OF MINNESOTA ) > ss. / /� COUNTY OF RAMSEY ..t ature The foregoing instrument was acknowledged before me this 21 S t day of May . 1997, by Bernie R. Bullert .the General Manacer of The Saint Paul Water Utility .a Municipal corporation of the City of Saint Paul under the laws of the State of Minnesota. JANET M. L,NGGR:—II 771 . — <c:'- NOTARY PUBLIC—i.m.;_S;i;a (I 6tary Public,Ramsey County,Minnesota. i • RAMSEY COUNT`: My Comm.Er:p;•ES pan.31.2000 > My commission expires _7_6 6 6 ��WWWV�VWW'✓'✓YVVVWYVVVJ'."'^" U VW L * * Please return this original copy to 140 City Hall, St. Paul, MN 55102 * * Council `°search C nt r NUG v 097 SAINT PAUL Interdepartmental Memorandum 01411, CITY OF SAINT PAUL AMA To: All Council Members From: Peter White �- Right of Way Engineer 140 City Hall Date: August 7, 1997 $.040:0 i S ep rtment acat n Fi e 1c 1997 .................. .................................... I recommend a public hearing before the City Council be held on September 0, 1997 The purpose of this vacation is to clear a cloud on the title caused by building encroachment. This property is located in City Council District 5. Planning District 6:. The subject petition is in proper form and has been signed by the requisite number of property owners. cc: Fran Swanson (297hear) • s ""T ST. PAUL CITY COUNCIL 7-- PUBLIC HEARING NOTICE �� STREET/ALLEY VACATION AMA II City Council Ward# 5 Planning District# 6 NANCY ANDERSON CITY COUNCIL RESEARCH File No. 2-1997 310 CITY HALL PURPOSE to temporarily vacate the City's interest in a part of the west 1.50 feet of Victoria Street adjacent to Lot 6, Block 5, the Strand Addition, also known as 860 Como Avenue, to accommodate a building encroachment PETITIONER David J. Erickson HEARING The hearing will begin at 4:30 P.M. on Wednesday, September 10, 1997 in the Council Chambers on the third floor of City Hall. QUESTIONS Call 266-8850 and refer to the file number above. City staff will be available until 4:30 in Room 140 City Hall to answer any last-minute question on this project. MAP (attached) Notices sent: by Real Estate Division Dept. of Technology and Management Services Room 140 City Hall - Court House Saint Paul, Minnesota 55102 CITIZEN SERVICE OFFICE Fred Owusu,City Clerk ' s A AUN L t r P CIS OF SAINT PAUL 170 Ciry Hall Tel.: 612-266-8989 Norm Coleman,Mayor 15 W.Kellogg Boulevard Fax: 612-266-8689 Saint Paul,Minnesota 55102 Web:http://www.stpauLgov AAAA TDD:266-8509 rmmor allrIlarl September 22, 1997 Chad D. Lemmons Attorney at Law Lemmons & Lemmons 1210 West County Road E Arden Hills, Minnesota 55112 Dear Sirs: Enclosed is a copy of Council File 97-1132 which was adopted by City Council on September 20, 1997 which provides for the vacation of that part of Victoria Street, 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. Very truly yours, Frances Swanson Deputy City Clerk cc: Valuation Engineer - Finance File No. 2-1997 Enc. Return copy to: Council File # I I'a 7. Real Estate Division 140 City Hall Green Sheet # 1v v RESOLUTION j CITY OF SAINT PAUL, MINNESOTA Presented By 1111L_44/ �V Referred To Committee: Date 1 RESOLVED, that upon the petition of David J. Erickson, per Finance Department File 2 Number 2-1997, public properties herinafter 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 vacated are is described as follows: 7 8 That part of Victoria Street lying within the following described line: 9 10 From the southeast corner of Lot 6, Block 5, The Strand Addition; thence 11 northerly along the east line of the said Lot 6 a distance of 36.00 feet to the point 12 of beginning; thence easterly along a line perpendicular to the said east line a 13 distance of 1.50 feet; thence northerly along a line parallel to the said east line a 14 distance of 50.00 feet; thence westerly along a line perpendicular to the said east 15 line a distance of 2.00 feet; thence southerly along said east line a distance of 1.50 16 feet to the point of beginning. ' 17 18 This vacation shall be subject to the terms and conditions of Chapter 130, codified March 1, 19 1981, of the Saint Paul Legislative Code as amended, and to the following conditions: 20 21 1. That this vacation shall be only temporary. Upon demolition of the encroaching 22 building, the above described property shall revert to public right-of-way. 23 24 2. That the petitioner's, their successors and assigns shall pay $500.00 as an 25 administrative fee for this vacation which is due and payable within 60 days of the 26 effective date of this resolution. 27 28 3. That with the accompanying Utility Easement Certificates of Intended Non-Use, filed 29 voluntarily on behalf of U.S. West Communications, Incorporated, Northern States 30 Power Company, District Energy St. Paul, Incorporated, MCI Metro, Continental 31 Cablevision, the Water Utility, and the Department of Public Works, made a part 32 hereof by this reference and filed in the office of the City Clerk of Saint Paul, the City, 33 for itself and on behalf of these corporations and departments does hererby waive the 34 right to the utility easements in the vacated area described above for the lifetime of the 35 encroaching structure, such easements to be reinstated following demolition of the said 36 structure. 37 • 1 9. That the petitioner's their successors, and assigns agree to indemnify, defend and save 2 harmless the City of Saint Paul, its officers, and employees from all suits, actions, or 3 claims of any character brought as a result of injuries or damages received or sustained 4 by any person, persons, or property on account of this vacation or petitioner's use of 5 this property, including but not limited to a claim brought because of any act of 6 omission, neglect, or misconduct of said petitioner or because of any claims or liability 7 arising from any violation of any law or regulation made in accordance with the law, 8 whether by the petitioner or any of their agents or employees 9 10 4. That the petitioner's their successors, and assigns, shall within 60 days of the effective 11 date of this resolution, file with the City Clerk an acceptance in writing of the 12 conditions of this resolution and shall within the period(s) specified in the terms and 13 conditions of this resolution, comply in all respects with these terms and conditions. 14 I Yeas Nays Absent Blakey Requested by Department of: Bostrom Technology & Management Services m . Harris Ard Megard ✓ By: <RottmanC' 1/4,,,5 irector Thune Form Appro •d by City Attorney Adopted by Council: Date � VAT/ By: r//1 7 Adoptit, I Certified by Co. cil gcretary l By: — e App Ma or for Submission to Council Approved by M.yor: Date '? l y 4 By: VtiA,Z By: CITIZEN SERVICE OFFICE Fred Owusu,City Clerk P AA CUM L CITY OF SAINT PAUL 170 City Hall TeL: 612-266-8989 to4t Norm Coleman,Mayor 15 W.Kellogg Boulevard Fax 612-266-8689 Saint Paul,Minnesota 55102 Web:http://www.stpauLgov AI A A TDD:266-8509 IMINIMIll October 30, 1997 Chad D. Lemmons 1210 West County Road E Arden Hills, MN 55112 Dear Mr. Lemmons: Enclosed is a copy of Council File 97-1271 which was adopted by City Council on October 15, 1997 which provides for the vacation of Victoria Street 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. Very truly yours, /--,/ "`74 G�''l c.eA hOc.'? Frances Swanson Deputy City Clerk cc: Valuation Engineer - Finance File No. 2-1997 David J. Erickson Enc. Return copy to: Council File # 91-11.1 I Real Estate Division 140 City Hall Green Sheet # 5Ø 1 b RESOLUTION CITY F SAINT PAUL, MINNESOTA t4 Presented By +e Referred To Committee: Date 1 WHEREAS, on September 10, 1997, the Council passed CF# 97-1132, temporarily vacating a 2 portion of Victoria Street south of Como Avenue; and 3 4 WHEREAS, the legal description of the area to be vacated contained a typographical error; 5 6 BE IT THEREFORE RESOLVED, that lines 8 through 16 on the first page of the said CF# 97-1132 7 be amended to read: 8 9 that part of Victoria Street lying within the following described line: 10 11 from the southeast corner of Lot 6, Block 5, The Strand Addition; thence northerly along 12 the east line of the said Lot 6 a distance of 36.00 feet to the point of beginning; thence 13 easterly along a line perpendicular to the said east line a distance of 1.50 feet; thence 14 northerly along a line parallel to the said east line a distance of 50.00 feet; thence westerly 15 along a line perpendicular to the said east line a distance of 1.50 feet; thence southerly 16 along said east line a distance of 50.00 feet to the point of beginning. BE IT FURTHER RESOLVED, that all other terms and conditions of the said CF# 97-1132 shall remain in full force and effect. ( I Yeas I Nays [ Absent Blakey ,/ II ( Requested by Department of: Bostrom I ✓ I I ( Technologv & Management Services Morton 1 Q [ Harris t.--- I I ( , [ Megard I ✓ II I By: ►��A 4` Collins I ,i 0 �"w I ( Director Thune I ✓ I I ( Form Approved by City Attorney (l • / I I (:.- I Adopted by Council: Date ,} \S \9`l 7 By: ,444-4,4,1,-4,--', Adoptio Certified by Council Secretary -- By: -j {--\, -,--K� Appro -: •y yor for bmission to Council •Approved by Mayor: Date 1 0 IZt/5 `N- / /, By: L--„/ By: T.M.S./REAL ESTATE DIVISION Date: August 8, 1997 Green Sheet Number: 40000 Contact Person and Phone Number: i;itiginglai 1 DEPARTMENT DIRECTOR 3 CITY COUNCIL IbBEFS fOF Peter White 266-8850 a CTTY ATTORNEY CITY CLERK }.♦roaoEa G.. .K . BUD DIRECTOR OFFICE OF FINANCIAL SVCS. Must be on Council Agenda by: 9/10/97 IAYO ASSISTANT Y, TOTAL # OF SIGNATURE PAGES 1 CLIP ALL LO ATIONS FOR SIGNATURE) ACTION REQUESTED: To temporarily vacate a portion of Victoria Street southerly of Como Avenue, and to temporarily release utility easements in the area to be vacated. Ref: 1. Resolution for consideration; 2. Petition to vacate; 3. Map showing area to be vacated; 4. Ownership Report; 5. -trtificotes of Intended Non-Use. AUG 111997 RECOMMENDATIONS:APPROVE(A)OR REJECT(R) PERSONAL SERVICE CONTRACTS MUST ANSWER y��rrTHE r��FOLLOWING: 1. IIas the person/firm ever worked under a co it tQtt►! s'd� aflfnent? 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 current City employee? CIB COMMITTEE Explain all YES answers on a separate sheet and attach. SUPPORTS WHICH COUNCIL OBJECTIVE? COUNCIL WARD(S) 5 DISTRICT PLANNING COUNCIL INITIATING PROBLEM,ISSUE,OPPORTUNITY(Who,What, When, Where,Why?): A survey revealed that a portion of the petitioner's residence encroaches on public right-off way. ADVANTAGES IF APPROVED: 4& clk Vacation would clear cloud on title. 4/0S, (7 tt��;;� ( .1 78 8) DISADVANTAGES IF APPROVED: �4 •s 133 None. THE COUNCIL HEARING ON THIS Ef;,jS DISADVANTAGES IF NOT APPROVED: SET FOR , E;A j A cloud would exist on title to petitioner's }'V home. TOTAL AMOUNT OF TRANSACTION: $500.00 COST/REVENUE BUDGETED(CIRCLE ONE) YES NO FUNDING SOURCE: ACTIVITY NUMBER: FINANCIAL INFORMATION: (EXPLAIN) Council 12 1997 $500.00 represents administrative fee. LEMMONS & LEMMONS ATTORNEYS AT LAW Woodbury Office 1210 WEST COUNTY ROAD E Chad D. Lemmons 1890 Wooddale Drive, Suite 100 ARDEN HILLS, MINNESOTA 55112 Raymond L. Lemmons Woodbury, Minnesota 55125 Telephone (612) 486-3850 (Of Counsel) Telephone (612) 735-9591 Fax (612) 482-1662 RECEIVED February 6, 1997 1 8 x:; E Tr;TE DIVISION City of Saint Paul Room 17, City Hall St. Paul, MN 55102 Attn: Mr. Peter White In Re: Vacation Petition of David Erickson Dear Mr. White: Enclosed herewith please find the Petition to Vacate City Interest, the survey showing the property to be vacated, a certified ownership report, and a check for $100,00 representing the filing fee due. As I have already stated in the Petition, the home located on the abutting property encroaches upon the right-of-way of Victoria Street, and we are requesting a vacation which would cure the encroachment and meet the side lot set back requirements of the applicable city ordinances. If you have any questions regarding this matter, please feel free to contact me. Sincerely yours, LEMMONS & LEMMONS Chad D. Lemmons Attorney at Law CDL/dew Encl. ' SAINT PAUL AAA* mirrors 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 prtitlen the Council of the City of Saint Paul to vacate its Interests in the property(ics)legally described as follows: The West 6 feet of Victoria Street abutting Lot 6, Block 5, The Strand Addition to Saint Paul , which lies Southerly of the North line of said Lot 6 extended Easterly 6 feet and and lying Northerly of the South line of said Lot 6 extended Easterly 6 feet. I(we)request this vacation for the following reason(s). The home located on Lot 6, Block 5, The Strand Addition to Saint Paul , encroaches upon the street right-of-way as shown on the survey attached hereto. 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: Chad D. Lemmons Name: David J. Erickson Name: - y�y 3y3y • Phone: 735-9591 Phone: 1210 West County Road E Address: 860 Como Avenue Address: St. Paul , MN 55103 Arden Hills, MN 55112 Alternate Contact Person Name: Name: Phone: Phone: Address: Address: Name: Phone: Address: • Signatures of Owner(s)/Representative(s) of Property(ies) Below: 'cam. kay Tischler Erickson 0 860 Gomo Ave. St. Paul , MN 55103 • . J 1 \t e��I( �5.= ,am the petitioner,or one of the titioncrs in the above matter,and I do hereby swear and verify that each of the •I, pe Pc afar i petition was signed in my presence by the person described in the petition. 76tt, Tyt,../ kik4))..._4161----_____, . (Petitioner) Subscribed and sworn to before me this '-/4 j14 day of Of C -e , 199 0 l- C—•-------- /s/ /(Notary) (.aIt> f-I O>vs) leMARK G. LENTSCH NOTARY PUBLIC-MINNESOTC. My Comm.Expires Jan.31,200C; r.r ,rte. 1 .ter-r,, t,r 7.. ,nnnMn.vw• n l w i r-7 71-1=J 1i1t-+J lc (nF i FP Qiqi=.T—TC'—I'tr'I OWNERSHIP REPORT CAPITAL TITLE CORPORATION, does hereby certify that it has searched the record in the Real Estate Division in the Office of the County Recorder in and for the County of RAMSEY, State of Minnesota and from search finds that the following are the last apparent record owners of: Lots 4, 5 and 6, except the West 55 feet of Lots 4 and 5, Block 5, The Strand Addition to St. Paul. ABSTRACT PROPERTY Owners: David James Erickson and Kay Tischler Erickson, as joint tenants. Joshua L. Tilsen and Faith A. Warranty Deed Latimer, husband and wife Dated October 30, 1996 Filed November 27, 1996 to Document Number 2966343 Lots 4, 5 and 6, except the West David James Erickson and Kay 55 feet of Lots 4 and 5, Block 5, Tischler Erickson, as joint tenants The Strand Addition to St. Paul. NOTE: This report is not to be construed as a legal opinion of Title. Witness the signature of an authorized officer of the said Company this 27th day of January, 1997 at 8:00 a.m. CAPITAL TITLE CORPORATION B y/ tl `i . z 0 IN m = 75 am .' )\N- a O i PP .cr`C5. � H +' u X o ,3 H 1 a5 CY }a >, ° A TT l Q1 `4 +' (� 0. C..) •-) c.c..,S � U -F' H '0 n, o Q 00'OS oo.o CO '93S JO 1NIOd U c) •,LS VI . 0 LD ' i A ,OCI ,021 1, ,9 ,04 ,LE in CD O A v i. in .rti O W co co N � ~ o -9 C-4 V < M 2 a) O ,S 'GL 6D rn co 0 Q z � 0 . r �H /1 Z H In to l0 o o � . Q0Z 75H H -P c E....4 J d i' U .4'Ott r� N tY r •-:,S > Q H 'a 1— Q