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98-1034 (2) JAN 2s 3. C\1 C C :NTY RECORDER STATE OF MINNESOTA ) COUNTY OF RAMSEY ) ss. CITY OF ST. PAUL ) 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. 98-1034 as adopted by the City Council on November 25, 1998 and approved by the Mayor on December 4, 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 29th day of December 1998. Instru # Filing fee- tom° Rec copy -I Cer copy Initials DEPUTY CITY CLERK } Pd by/bill ti FitTPC! 11G 1 3 Return copy to: Council File # {g (O.3 / Real Estate Division 3116290 140 City Hall Green Sheet Z\ <:TA RESOLUTION - ORIGINAL CITY OF SAINT PAU, , MINNESOTA /0 ,.,� Presented By t • ,, , ."44'° Presented Referred To cJ Committee: Date t WHEREAS, on April 8, 1998 the Council approved CF# 98-280, vacating a portion of Short Line Street; and 3 4 WHEREAS, documentation upon which the south line of the vacated area was based is ambiguous; 5 6 THEREFORE BE IT RESOLVED, that the said CF# 98-280 be amended as follows: 7 s Lines 7 through 10 of the said CF#98-280 shall be amended to read: 9 1 that part of Short Line Street lying southerly of the south line of the Burlington Northern 1] Railroad right-of-way and northerly of a line beginning at a point on the west line of Block 2, 12 Hersey-Woolsey Addition lying 20.00 feet southerly of the southwest corner of Lot 10, said 13 Block 2; thence westerly to a point on the east line of Block 3, Hersey-Woolsey Addition lying 14 22.78 feet southerly of the southeast corner of Lot 5, said Block 3; and there terminating 15 16 BE IT FURTHER RESOLVED, that except as amended herein, all other terms and conditions set forth 17 in CF#98-280 shall remain in full force and effect. Yeas MINEN Absent Blakey Requested by Department of: Bostrom t./ 0 Technology & Management Services Morton 11111.11 Harris NW. Harris By: (A113/4/ffie Lantry NMI I F JDirector Reiter OM. Form Approved by City Attorney t17111 111111.7M Adopted by Council: Date • • t By: �G -��/G✓ � &l G- 9 f� Adopn Certified by Council Secretary By: �� Approve. .y Mayor f. ubmi sion to . ouncil 6 Approved by May : Dat ( � /, `l � � / By: l y: Vir- Pr CITIZEN SERVICE OFFICE Fred Owusu,City Clerk P A[U L CITY OF SAINT PAUL 170 City Hall Tel: 612-266-8989 Norm Coleman,Mayor 15 W.Kellogg Boulevard Fax: 612-266-8689 toot Saint Paul,Minnesota 55102 MUM • December 29, 1998 To: Ramsey County Recorder Iii)r- Number _ Instrument Description Fees CF #98-280 Resolution Vacation of part of Short Line Street " •: ) &9 8-1034 {{15One rpcor4�1 L l_ q� X114884 RAMSEY COUNTY RECORDER BY Contact Person: Shari Moore 266-8686 • • CITIZEN SERVICE OFFICE Fred Owusu,City Clerk SAINT CITY OF SAINT PAUL 170 City Hall Tel: 612-266-8989 PAUL ty 04t Norm Coleman,Mayor 15 W.Kellogg Boulevard Fax: 612-266-8689 Saint Paul,Minnesota 55102 AMA raw December 29, 1998 • To: Ramsey County Recorder Number Instrument Description Fees CF #9recorded on i-ao-qq 280 Resolution Vacation of part of Short Line Street Aso & 98-1034 3116290 . RAMSEY COUNTY RECORDER BY Contact Person: Shari Moore 266-8686 AL. . CITIZEN SERVICE OFFICE Fred Owusu,City Clerk n CITY OF SAINT PAUL 170 City Hall Tel.: 612-266-8989 4 Norm Coleman,Mayor 15 W.Kellogg Boulevard Fax: 612-266-8689 Saint Paul,Minnesota 55102 Web:http://www.stpauLgov A A A A TDD:266-8509 April 29, 1998 / f7LeJ Co/7 Rave Properties RECEIVED James A. Kilbane III 1319 Pierce Butler Route MAY 2 2 '1998 Saint Paul, MN 55104 CITY CLERK Dear Petitioners: Enclosed is a copy of Council File 98-280, adopted by the City Council on April 8, 1998, which provides for the vacation of that part of Short Line 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. Sincerely, a4-6,t /Øe Shari Moore Acting Deputy City Clerk cc: Valuation Engineer - Finance File No. 23-97 Enc. CITIZEN SERVICE OFFICE Fred Owusu,City Clerk P S A UL CITY OF SAINT PAUL 170 City Hall TeL: 612-266-8989 A Norm Coleman,Mayor 15 W.Kellogg Boulevard Fax: 612-266-8689 Saint Paul,Minnesota 55102 Web:http://www.stpauLgov. TDD:266-8509 AAAA April 29, 1998 Rave Properties James A. Kilbane III 1319 Pierce Butler Route Saint Paul, MN 55104 Dear Petitioners: Enclosed is a copy of Council File 98-280, adopted by the City Council on April 8, 1998, which provides for the vacation of that part of Short Line 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. Sincerely, _I.-4 . / 4,i Shari Moore Acting Deputy City Clerk cc: Valuation Engineer - Finance File No. 23-97 Enc. Return copy to: Council File# g-103'/ Real Estate Division 140 City Hall Green Sheet RESOLUTION OR I G I N A L CITY OF SAINT PAU, MINNESOTA ��� r 1 Presented By y�C�/ S ! Referred To Committee: Date • 1 WHEREAS, on April 8, 1998 the Council approved CF# 98-280, vacating a portion of Short Line 2 Street; and 3 4 WHEREAS, documentation upon which the south line of the vacated area was based is ambiguous; 5 6 THEREFORE BE IT RESOLVED, that the said CF#98-280 be amended as follows: 7 8 Lines 7 through 10 of the said CF#98-280 shall be amended to read: 9 10 that part of Short Line Street lying southerly of the south line of the Burlington Northern 11 Railroad right-of-way and northerly of a line beginning at a point on the west line of Block 2, 12 Hersey-Woolsey Addition lying 20.00 feet southerly of the southwest corner of Lot 10, said 13 Block 2; thence westerly to a point on the east line of Block 3, Hersey-Woolsey Addition lying 14 22.78 feet southerly of the southeast corner of Lot 5, said Block 3; and there terminating 15 16 BE IT FURTHER RESOLVED, that except as amended herein, all other terms and conditions set forth 17 in CF#98-280 shall remain in full force and effect. Yeas Na s Absent Blake MM. Requested by Department of: Bostrom Technology & Management Services Morton Harris MM.OC� Harris NW. By: ___QA-16/4"/"/- �-� ,/Director Reiter ��. Form Approved by City Attorney MEM11111011111 I /, Jl Adopted by Council: Date �� \' ' By: yep �G✓w+. -. //—(C Adop on Certified by Council Secretary By: a . _` Approv-s sy Mayor f. .ubmi sion to . ouncil Approved by Mao : Dat:rm��iti� 9 y. -//l. .rs�..- CITY OF GT POUL RECEIPT # 097487 ° CASH RECEIPT PAGE i PREPARED BY: CORA ENTRY . DATE 05/22/98 DEPARTMENT ' EXECUTIVE ADMINISTRATION DEPOSIT DATE ' 05/26/98 ACCOUNT REFERENCE DEBIT CREDIT QTY ----- --_ -- -_------------ ----_---- -_- 001 *013O0*2833 500 , 00 VACATION OF STREET ' ' RAVE PROPERTIES-*1285 TWIN CITY METALFAg-#21816 PER COUNCIL FILE #98-280 APPROVED 4/13/9 -------- TOTAL CASH : 500 .00 / ' A / RECEIVED BY TREASURY ' __________��________ REPLACES TEMPORARY RECEIPT # ' _--_ _-_-- ^ 64w.-4-e ido 96- zoo 4t40 ?dee- TWIN CITY METALFAB, INC. 021 81 6 Vendor ID: C3 Vendor name: CITY OF ST. PAUL 21816 Invoice No. Inv Date Inv Amt Amt Paid Disc Taken Cred Taken Net Amt 0 05/19/98 250. 00 250. 00 0. 00 0. 00 250. 00 Net Check Amount 250. 00 Return copy to: Council File# `1g' Real Estate Division ORIGINAL 140 City Hall Green Sheet#5 7 RESOLUTION CITY OF SAINT PAUL, MI■ NESOTA 36 Presented By ._ i 1.41 &ArI& Referred To Committee: Date 1 BE IT RESOLVED, that, upon the petition of Rave Properties, as documented in Finance 2 Department File Number 23-1997, public properties hereinafter described are hereby vacated and 3 discontinued as public property: 4 5 The property to be vacated is described as follows: 6 7 that part of Short Line Street lying southerly of the south line of the Burlington Northern 8 Railroad right-of-way and northerly of a line beginning at the southwest corner of vacated Lot 9 9, Block 2, Hersey-Woolsey Addition; thence westerly to the southeast corner of vacated Lot 10 6, Block 3, Hersey-Woolsey Addition and there terminating; also 11 12 any part of the Pierce Butler Route right-of-way that may lie northerly of the above described 13 line, westerly of the east right-of-way line and easterly of the west right-of-way line of the said 14 Short Line Street. 15 16 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of 17 the Saint Paul Legislative Code as amended, and to the following conditions: 18 19 1. The petitioner shall be responsible for the reconstruction of the intersection of Short Line 20 Street and Pierce Butler Route, to the satisfaction of the Saint Paul Department of Public 21 Works, including, but not limited to, new curbing , drainage structures, sidewalk, boulevard, 22 and signage, to remove all appearances of public right-of-way. 24 2. That the petitioner's. their successors and assigns shall pay 5500.00 as an administrative fee 25 for this vacation which is due and payable within 60 days of the effective date of this 26 resolution. 28 3. That a permanent utility easement shall be retained on. over, under and across the vacated area 29 on behalf of the City of Saint Paul. Department of Public Works to reserve the right of the 30 City to maintain and operate any sewer in or upon said easement and to enter upon said 31 easement or any portion thereof at any time and from time to time. for the purposes of future construction. reconstruction. inspecting. maintaining or repairing the same or any part thereof 33 and shall be subject to the following conditions: ;4 . ORIGINAL 1 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or 2 any other objects that will prohibit normal access to utility facilities for maintenance 3 purposes will be permitted within the easement area. 4 5 b. Improvements in or upon the above described easement that do not prohibit the City 6 from exercising its reserved rights may be allowed by obtaining written permission 7 from the Department of Public Works Sewer Division with the understanding that the 8 restoration and costs of such improvements shall be the sole responsibility of the 9 petitioner, its successors and assigns in the event the City exercises its reserved 10 easement rights. 11 12 c. No change from the existing grade within the easement area will be permitted without 13 written permission from the Department of Public Works. 14 15 d. No change in surfacing within the easement area will be permitted without written 16 permission from the Department of Public Works. 17 • 18 e. The petitioner, its successors and assigns shall indemnify, defend, and save harmless 19 the City of Saint Paul, its officers, agents, employees, and servants from all suits, 20 actions, or claims which shall arise from any injuries or damages received or sustained 21 by any break in any service pipe or connection in said reserved easement arising out of 22 or resulting from any action or negligence of the petitioner, its employees, agents, or 23 business invitees. 24 25 4. That a permanent utility easement shall be retained within the vacated area on behalf of the 26 City of Saint Paul, Board of Water Commissioners subject to the following restrictions: 27 28 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or 29 other object that will prohibit normal access to water facilities for maintenance purposes 30 will be permitted within the easement area. 31 32 b. No change from the existing grade will be permitted without written permission from 33 the Water Utility. 34 35 c. No change in surfacing within the easement area will be permitted without written 36 permission from the Water Utility. 37 38 d. The petitioner. its successors and assigns shall fully indemnify, defend and save 39 harmless the Board of Water Commissioners. its officers. agents. employees, and 4.0 servants from all suits. action or claims which shall arise from any injuries or damages 41 received or sustained by any break in any service pipe. water main. or connection in 4' said reserved easement. arising out of or resulting from any action or negligence of the 43 petitioner. its employees, agents or business invitees. - . - • ORIGINAL 9I,.0.to 1 2 5. That a permanent utility easement shall be retained within the vacated area to protect the 3 interest of Northern States Power Company. 4 5 6. That a permanent utility easement shall be retained within the vacated area to protect the 6 interest of U.S. West Communication, Inc. 7 8 7. That a permanent utility easement shall be retained within the vacated area to protect the 9 interest of Continental CableVision, Saint Paul, Inc. 10 11 8. That the petitioner's their successors, and assigns agree to indemnify, defend and save 12 harmless the City of Saint Paul, its officers, and employees from all suits, actions, or claims of 13 any character brought as a result of injuries or damages received or sustained by any person, 14 persons, or property on account of this vacation or petitioner's use of this property, including 15 but not limited to a claim brought because of any act of omission, neglect, or misconduct of 16 said petitioner or because of any claims or liability arising from any violation of any law or 17 regulation made in accordance with the law, whether by the petitioner or any of their agents or 18 employees 19 20 9. That the petitioner's their successors, and assigns. shall within 60 days of the effective date of 21 this resolution, file with the City Clerk an acceptance in writing of the conditions of this 22 resolution and shall within the period(s) specified in the terms and conditions of this resolution, 23 comply in all respects with these terms and conditions. Yeas Nays Absent Blakey ✓ Requested by Department of: Bostrom I b✓ 1 1 I Technology & Management Services Morton V Harris ✓ [ C Megard ✓ By: \ , 4 if / Collins (J ✓ j Director Thune I. ✓ h 1. Form Approved by City Attorney - 11 "1 P� P n I �71,, Adopted by Council: Date g \TM' By: /�.� 1 l-t/ ��f� " 7/2_•i! ' Adop y•n Certified by Council Secretary By:1 . Approve•,. Mayor for ub ion to Council Approve. •e a, sr, - 'aie • 1,, ) 0 , - ,I / By: /' / i By: I 4.1�_.:.�- Saint Paul, Minnesota April 29, 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. 98-280, adopted by the City Council on April 8, 1998, and signed by the Mayor on April 13, 1998. .rued /e. - S' 7- 28 Saint Paul, Minnesota April 29, 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. 98-280, adopted by the City Council on April 8, 1998, and signed by the Mayor on April 13, 1998. SAINT PAUL *AAA ~woo 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: I(we)request this vacation for the following reason(s). Currently This Is A Unemproved And Unmaintained Street, We Would Like To Purchase This Street So We Can Improve It ie(Black Top) And Properly Maintain It. 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: James A. Kilbane III Name: James A. Kilbane III Phone: 612-646-9401 Phone: 612-646-9401 Address: 1319 Pierce Butler Rt. Address: 1319 Pierce Butler Rt. St. Paul, Minn. 55104 St. Paul, Minn. 55104 Alternate Contact Person Name: Name: Phone: Phone: Address: Address: Name: Phone: Address: Name: Phone: Address: Signatures of Owner(s)/Representative(s) of Property(ies) Below: James A. Kilbane III / 1319 Pierce_ ButlerJtt. St. Paul, Minn. 55104 i'e IdE / 'r s i'7i./ 37y 1, James A. Kilbane ,am the petitioner,or one of the petitioners in the above matter:and I do hereby swear and verify that each of the signatures on this petition was signed in my presence by the person described in the petition. .4/4 / ` - (Petitioner) y',� Subscribed and sworn to before me this 1 JOAN LIOINCENIORO day of 61✓;l 6Wrc77te 1991 NOTARY PUBIC-M OTA • .• " My Commission ExpvK Jrt.11,2000 • /s/ \DlAA, \LL i \(tAA' (Notary) (<alt><f-I0>vg) NOTICE OF PUBLIC HEARING Notice is hereby given that the petition of James Kilbane Jr. and Rave Properties for the vacation of that portion of Short Line Street lying southerly of the Burlington Northern right-of-way and northerly of Pierce Butler Route, 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 8th day of April, 1998 at 5 :30 P.M. Dated March 16, 1998 Shari Moore Acting Deputy City Clerk (March 21, 1998) SAINT PA U I' Interdepartmental Memorandum 0 CITY OF SAINT PAUL MAR To: All Council Memyers From: Peter White rq /. Right of Way Engi eet� 140 City Hall Date: March 6, 1998 Subject: TMS Department Vacation File No. 23-1997 I recommend a public hearing before the City Council be held on April 8, 1998 to vacate that part of Short Line Street lying southerly of the Burlington Northern right-of-way and northerly of Pierce Butler Route. The purpose of this vacation is to develop private parking lot. This property is located in City Council District 1, Planning District 11. The subject petition is in proper form and has been signed by the requisite number of property owners. cc: Shari Moore (2397date) CITIZEN SERVICE OFFICE Fred Owusu,City Clerk :IT.. CITY OF SAINT PAUL 170 City Hall Tel.: 612-266-8989 Norm Coleman,Mayor 15 W.Kellogg Boulevard Fax 612-266-8689 Saint Paul,Minnesota 55102 Web:http://www.stpaul.gov *AAA TDD:266-8509 olawalrIlrol September 18, 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 James Kilbane Jr. and Rave Properties for the vacation of Short Line Street, as and of record in the office of the Saint Paul City Clerk. 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