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02-75 (2) Return copy to: ec Council File# pa„-- S Real Estate Division 140 City Hall Green Sheet# M S 4 4 RESOLUTION ORIGINAL CITY OF SAINT PAUL, MINNESOTA 311 Presented By /9461A,31/7/912../ Referred To Committee: Date 1 BE IT RESOLVED, that, upon the petition of Tom Huonder, as documented in Real Estate . 2 Division File Number 21-2001, 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 Ruth Avenue lying north of the westerly extension of the south line of Block 8 1,Norton's Lincoln Park and south of the westerly extension of the north line of said 9 Block 1. 10 11 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, 12 of the Saint Paul Legislative Code as amended, and to the following conditions: 13 14 1. That the petitioners, their successors and assigns shall pay$500.00 as an administrative 15 fee for this vacation which is due and payable within 60 days of the effective date of this 16 resolution. 17 18 2. That the erection of a fence on the vacated property shall not interfere with Excel 19 Energy's access rights to its facilities. The petitioner shall be responsible for fence 20 maintenance within Excel's easements. 21 22 3. That, on behalf of the Board of Water Commissioners of the City of Saint Paul, a 23 permanent utility easement shall be retained on, over, under and across the vacated area to 24 reserve the right of the Board to maintain and operate any water facility in, on or upon 25 said easement, and to enter upon said easement or any portion thereof at any time, and 26 from time to time for the purposes of future construction, reconstruction, inspection, 27 maintenance or repair of the same or any part thereof. The said utility easement shall be 28 subject to the following restrictions: 29 30 a. No buildings, structures, trees or any temporary structure, material storage, 31 fixture, or other object that may prohibit normal access to water facilities for 32 maintenance purposes will be permitted within the easement area. 33 34 b. With written permission from the Saint Paul Regional Water Services, 35 improvements in or upon the above described easement that do not prohibit or 36 limit the full and free exercise by the Saint Paul Regional Water Services of its 37 reserved rights may be allowed, with the understanding that the restoration and 38 costs of such improvements, should the Water Services exercise its easement 39 rights, shall be the sole responsibility of the fee owner, its successors and assigns. 1 c. Should it be necessary that the petitioner's works or improvements be removed, or 2 should the said works or improvements be damaged as a result of the Saint Paul 0 a- IS 3 Regional Water Services' operations, all removal, replacement or modification 4 costs shall be borne solely by the petitioner. 5 6 d. No change from the existing grade within the easement shall be permitted without 7 written permission from the Saint Paul Regional Water Services. 8 9 e. No change in surfacing within the easement area shall be permitted without 10 written permission from the Saint Paul Regional Water Services. 11 12 f. The petitioner, its successors and assigns shall fully indemnify, defend and save 13 harmless the Board of Water Commissioners of the City of Saint Paul, its officers, 14 agents, employees, and servants from all suits, actions or claims that shall arise . 15 from any injuries or damages received or sustained by any break in any service 16 pipe, water main, or connection in said reserved easement, arising out of or 17 resulting from any action or negligence of the petitioner, its employees, agents or 18 business invitees. 19 20 4. That the petitioners, their successors and assigns agree to indemnify, defend and save 21 harmless the City of Saint Paul, its officers and employees from all suits, actions or 22 claims of any character brought as a result of injuries or damages received or sustained by 23 any person,persons or property on account of this vacation or petitioners' use of this 24 property, including but not limited to, a claim brought because of any act of omission, 25 neglect, or misconduct of said petitioners or because of any claims or liability arising 26 from any violation of any law or regulation made in accordance with the law, whether by 27 the petitioners or any of their agents or employees. 28 29 5. That the petitioners, their successors and assigns shall, within 60 days of the effective 30 date of this resolution, file with the City Clerk an acceptance in writing of the conditions 31 of this resolution and shall, within the period(s) specified in the terms and conditions of 32 this resolution, comply in all respects with these terms and conditions. Yeas Nays Absent 04- '15 Benanav ✓ Rer -st,-d x De art . o Blaxey , l� % %6 part l iI / i Bostrom f Coleman ,---- i / �. Harris ✓ By: Lan try ✓ g,„,, '., / Reiter ,� n t Form Approved by City Attorney Adopted by Council : Date - o`,.c N- . a-1 , 0-( By i / 4i---i&-(1.,7- Adot'ion Certified by Council Secretary y Approv:4 by Mayor for Submission to By: Counci ik r � / Approved b 4paYor: Date l, S ' a�y`�Nfri.' By: • ' ��/ lir I ) • OR1GtNAL - CITIZEN SERVICE OFFICE Donald J.Luna,City Clerk SA[ PAUN L T CITY OF SAINT PAUL 170 City Hall Tel.: 651-266-8989 Randy Kelly,Mayor 15 W.Kellogg Boulevard Fax: 651-266-8689 Allik Saint Paul,Minnesota 55102 AMA raw OM raill February 13, 2002 Linda Murphy Department of Public Works Room 800, City Hall Annex Dear Linda: Please prepare prints showing the vacation of that part of Ruth Avenue in the City of St.Paul as fully described in Council File 02-75. Please be advised that the necessary acceptance and fee have been filed. Sincerely, Shari Moore Deputy City Clerk cc: Valuation Engineer Technology and Management Services File No.21-2001 CITY OF ST.PAUL RECEIPT # 135619 CASH RECEIPT PAGE 1 PREPARED BY: DIANE/SHARI M ENTRY.DATE 02/06/02 DEPARTMENT: EXECUTIVE ADMINISTRATION DEPOSIT DATE: 02/06/02 ACCOUNT REFERENCE DEBIT CREDIT QTY 001*01300*2833 500.00 VACATION OF STREET HUONDER CK#8837 COUNCIL FILE #02-75 APPROVED DATE 1/25/02 TOTAL CASH: --F-j„V auK._ RECEIVED BY TREASURY: Litli:� REPLACES TEMPORARY RECEIPT #s �j���� Saint Paul, Minnesota January 29, 2002 To the Honorable,the City Council Saint Paul, Minnesota Dear Council Members: I,the undersigned petitioner, hereby accept and agree to comply with the terms and conditions of Council File No. 02-75, adopted by the City Council on January 23, 2002, and approved by the Mayor on January 25, 2002. i/.,i��.✓ i✓/2 CITIZEN SERVICE OFFICE Donald J.Luna,City Clerk SA[NT PAUL CITY OF SAINT PAUL 170 City Hall Tel.: 651-266-8989 41p11 Randy Kelly, Mayor 15 W.Kellogg Boulevard Fax: 651-266-8689 Saint Paul,Minnesota 55102 AAAA rw. January 29, 2002 Thomas J. Huonder 2023 E. Magnolia Saint Paul, MN 55119 Dear Petitioners: Enclosed is a copy of Council File 02-75 which was adopted by the City Council on January 23, 2002. The resolution provides for the vacation of that part of Ruth 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 be signed and filed here within said time. Sincerely, '47,01e2te Shari Moore Deputy City Clerk cc: Valuation Engineer- Technology and Management Services File No. 21-2001 Enc. Saint Paul, Minnesota January 29, 2002 To the Honorable, the City Council Saint Paul, Minnesota Dear Council Members: I, the undersigned petitioner, hereby accept and agree to comply with the terms and conditions of Council File No. 02-75, adopted by the City Council on January 23, 2002, and approved by the Mayor on January 25, 2002. NOTICE OF PUBLIC HEARING Notice is hereby given that the petition of Thomas Huonder, for the vacation of that part of Ruth Street north of Magnolia Street as more fully described on file and on record in the office of the City Clerk of Saint Paul, Minnesota, will be heard and considered by the Saint Paul City Council at a meeting to be held in the Council Chambers on the- 3rd floor of City Hall and Court House on the 23rd day of January, 2002 at 5 :30 P.M. Dated December 17, 2001 Shari Moore Deputy City Clerk (December 24, 2001) • `,11 VT Pil Interdepartmental Memorandum CITY OF SAINT PAUL AAAA To: Shari Moore City Clerk's Office 170 City Hall From: Peter White Right of Way Engineer 140 City Hall Date: December 14, 2001 Subject: TMS Department Vacation File No. 21-2001 I recommend a public hearing before the City Council be held on January 23, 2002 to consider a petition to vacate part of Ruth Avenue north of Magnolia Street. The purpose of the vacation is to permit erection of a fence in order to prohibit illegal dumping. This property is located in City Council District 6, Planning District 2. The subject petition is in proper form and has been signed by the requisite number of property owners. • Notice of this hearing must be published in the Legal Ledger by January 3,2002. RECEIVED (2101 date) DEC 2001 +2i 1 Y CLERK CITIZEN SERVICE OFFICE Fred Owusu,City Clerk A [NT P A U 6 CITY OF SAINT PAUL 170 City Hall TeL: 651-266-8989 Norm Coleman,Mayor 15 W.Kellogg Boulevard Fax: 651-266-8689 Saint Paul,Minnesota 55102 Web:http://www.cLstpauLmn.us AIM TDD:651-266-8509 PlIPIIIMIlb October 15, 2001 Peter White Valuation Engineer Real Estate Division 140 City Hall Dear Peter: I refer to you to check as to form and sufficiency and for recommendation, the attached petition of Thomas Huonder for the vacation of that part of Ruth Street according to the recorded plat thereof on file and of record in the Office of the Saint Paul City Clerk. Sincerely, �� , 47(9 ste Shari Moore Deputy City Clerk Attachments WilsonJones•Carbonless•51654-NCR Duplicate•S1657N-CL Triplicate F� a `z 'm c N r pD >� co `_ A O Z co ZZ A ' m m P, Z m? n n Da 0! ` c T 0 --I-I ■ C ■ 70 x N l (t *. om n x l" A j T CW D @ 0 ft ■ tI � rn Ca) ► rn t . r ' r 4..... N N 07 CO .p. CO la. a. ttnzht 3647 Jlc3kinlep E)t. . Minneapolis. A1 , 55418 (612) 781-3184 October 10, 2001 Mr. Tom Hounder 2023 East Magnolia St. Paul, Minnesota 55119 RE: PETITION TO VACATE Dear Tom: Pursuant to our conversation, enclosed is the form filled out with my signature. I am also enclosing a full survey of my property which has the legal description on it and shows the location of the parcel on page 3 in yellow. Please call if you have any questions. Yours very truly, R. A. Stinski RAS/jkb Enclosure SAINT PAUL 4 MUM r • 10 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 petitio the C�the City of Saint Paul to vacate its interests in the property(ies)legally described as follows: z i�� .. rike airy for- Mori/ sr. �I "i c w.y) 0 v TX0 WES7-5/�0As o� my n�co/��•4ry A/0Aro.vs h/,jc w/�AR/< w/S' ex ',or ,Z Acioa mi. of.or/ azoaK/ pi,, . �6 al ,12 I? oo yy og y o L a( I(we)request this vacation for the following reason(s). (Indicate whether you will be building on the site.) ,vo$,,/,t„av: oA co/usr,0c77o4/ ov 71/,5 SirE. 771E 5ov/'fl ACCe55 To rig 57rE &/h, 73! ArticEO , 'o pef7td PlAgoA7lrgA00f.17Y4 To K(EA /N4/v/O0AA5 f4 MM V oN/O/Nd. Z. coAS A4✓/ft4 ay airy/.v1A CTe4 ,r NA(/rlo i104b(coGe-0MFo/xvioiA r)l"y ?;'fRO,vfA4,c' gF r/ii' city cvevh4 mai ri A ' 444 7i/iS 51T. WV o7'AEA 3 SAO'S Mg. 4 AE4O y fics,vtro I(we)have attached six copies of the site plans of any development intended for construction on the lands to be vacated. Person(s) responsible for payment of vacation fee and for acceptance of the terms and conditions of Contact Person the vacation: Name: 7-74,445- J `rao t/e4,-.4 Name: Si4,te. AS C04,739c% Phone: 3 /!96 ,k- 7 X;. rS 7/ Phone: Address: ;Dj 3 /1,m ,tia IA Address: 57',046)4. ,i•v. 54 7/9 Alternate Contact Person Name: Name: Phone: Phone: Address: Address: Name: Phone: Address: Name: Phone: Address: Signatures of Owner(s)/Representative(s) of Property(ies) Described Below: kSee- d.'ffa44eI Svrv-e/ CIL , 1...,,/ , i i ' t, ,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. 0 0., JEANANNE K.BOYLAN I NOTARY PUBLIC-MINNESOTA Subscribed and sworn to before me this HENNEPIN COUNTY day of My Commission Expires Jam.31,?OM y I ,2004 Petitioner i otary My commission expires Ip,t/r) .T._ -....A.'s V3V,i..103 1011/1.dw103 { t''`:l 4r..1l0 Z!t`Sgit !':s228i1Jfl13r Sample Ownership Report ABC Land Title Insurance Company 123 Fourth Street St. Paul,MN 55123 October 1, 2000 John J. Petitioner 567 Eighth Avenue St. Paul, MN 55100 To whom it may concern: ABC Land Title Insurance Company does hereby certify:that a search of Ramsey County, Minnesota tax records discloses that, as of October 1, 2000, the owners of the properties abutting the public right-of-way described as the east-west alley in Block 9, Whimsey Addition are as follows: Legal Description Property is: Fee Owner Contract Purchaser Lots 1, 2 and 3, Block 9, Torrens John J Petitioner Whimsey Addition 567 Eighth`Avenue St. Paul, MN 55100 Lots 4, 5 and 6, Block 9, Abstract Jane E. Copetitioner Whimsey Addition 571 Eighth Avenue St. Paul, MN 55100 Lots 7, 8 and 9, Block 9, Abstract Albert B�Seller C.D. Beier Whimsey Addition 1313?Retirement Way 560 Seventh Avenue Miami,,,FL 11234 St. Paul, MN 55100 Lots 10, 11 and 12, Block Abstract O. K. Byrne 9, Whimsey Addition 566 Seventh Avenue St. Paul, MN 55100 This report represents the professional opinion of ABC Land Title Insurance Company regarding ownership of the above described properties; it is not intended, nor shall;_.it,be construed, as a guarantee of title. ABC Land Title Insurance Company assumes no liability for errors or,omissions. Sincerely, Robert A. Researcher Licensed Abstracter ABC Land Title Insurance Company d X) z u 0 O s --I > ° T ) 0 Cr) Z --I o )3 z Q T C.) En W \C.±' -R-UTII STREET N. 129.98 130.02 �0 229.98 o oti �o, ul CJ1 E -A ,a• 8 (4, .p A � V 150 150 ° n 250 ° W o ul N (Nn cn O N N ° cn al al 0 cp en' f 0 N A cm° N r e:::1 o ul 01 N cn 0 ° ul t o 0) 0 Ltt I\ CO U 11‹) ND o � o N F-" N) N - 0 o ti 0 . 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