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99-1159 (2) 1 L/Z 0 / / r 4 c DOC# 33 Certified Recorded Up / JUNE a a016 At 88:4'.AM sIrig----- Signed: i)FFICE CU.RECIJROER RIME Y CLItJN1Y PIN Fee Amount: $19. 8 11111 III ill it liil III III 11 11111 lilt STATE OF MINNESOTA ) \).. r\ COUNTY OF RAMSEY ) : !, CITY OF SAINT 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. 99-1159 as adopted by the City Council on December 1, 1999 and approved by the Mayor on December 8, 1999 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 1st day of June, 2000. DEPUTY CITY CLERK Il C',"ru c s,. 61 Return copy to: . f► . ,+ ,` ile# q�-ttS Real Estate Division Q 1 I G 1 N A a s 140 City Hall - - Green Sheet# 100et t9 RESOLUTION CITY OF SAINT PAUL, MINNESOTA a, CU 1, z 0 Presented By (&.(idfitt co rwa Referred To Committee: Date C] iA 1 BE IT RESOLVED, that, upon the petition of Gwynn Evans, as documented in Finance Department 2 File Number 18-1999, public properties hereinafter described are hereby vacated and discontinued as 3 public property: 4 The property to be vacated is described as follows: 5 that part of the alley in Block 3, Homer H. Hoyt Company Addition lying northerly of the 6 easterly extension of the south line of Lot 18, said Block 3 7 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the 8 Saint Paul Legislative Code as amended, and to the following conditions: 9 1. That the petitioner's, their successors and assigns shall pay$500.00 as an administrative fee for 10 this vacation which is due and payable within 60 days of the effective date of this resolution. 11 2. That a permanent drainage easement shall be retained on, over, under and across the vacated area 12 on behalf of the City of Saint Paul, Department of Public Works. Said drainage easement shall 13 be subject to the following conditions: 14 a. No buildings, structures, or trees are permitted within the easement area nor any 15 temporary structure, material storage. fixture, or other objects that will restrict the normal 16 alley drainage 17 a. Improvements in or upon the easement area that do not interfere with the City's reserved 18 rights may be allowed by obtaining approval from the Department of Public Works Sewer 19 Division with the understanding that the restoration and costs of such improvements shall 20 be the sole responsibility of the petitioner, its successors and assigns, in the event the City 21 exercises its reserved easement rights or due to damage caused by drainage through the 22 easement area. 23 c. No change from the existing grade is permitted within the easement area without the 24 written permission from the Department of Public Works Sewer Division. 25 d. No change in surfacing within the easement area is permitted without the written 26 permission from the Department of Public Works Sewer Division. ENTERED IN TRANSFER RECORDS 10"6 DIRECTOR, PROPERTY TAXATION RAsey County, Minnesota By d/• V JI/�'t i/� DO C* 332866' cm-1ml 1 e. The petitioner, its successors and assigns shall indemnify, defend, and save harmless the 2 City of Saint Paul, its officers, agents, employees, and servants from all suits, actions, or 3 claims which shall arise from any injuries or damages received or sustained by any break 4 in any storm pipe in said easement, or from the restriction of the normal flow of water, 5 arising out of, or resulting from, any action or negligence on the part of the petitioner, its 6 employees, agents, or business invitees. 7 3. That the petitioner shall dedicate, on behalf of the City of Saint Paul Department of Public 8 Works, a permanent drainage easement on, over, under and across the northerly 10.00 feet of Lot 9 18, Block 3, Homer H. Hoyt Company Addition. Said drainage easement shall be subject to the 10 conditions enumerated under condition 3. above. 11 4. That a permanent utility easement shall be retained within the vacated area to protect the interest 12 of Northern States Power Company. 13 5. That the petitioners, their successors and assigns agree to indemnify, defend and save harmless 14 the City of Saint Paul, its officers and employees from all suits, actions or claims of any character 15 brought as a result of injuries or damages received or sustained by any person, persons or 16 property on account of this vacation or petitioners' use of this property, including but not limited 17 to, a claim brought because of any act of omission, neglect, or misconduct of said petitioners or 18 because of any claims or liability arising from any violation of any law or regulation made in 19 accordance with the law, whether by the petitioners or any of their agents or employees. 20 6. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this 21 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution 22 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in 23 all respects with these terms and conditions. ORIGINAL Yeas Nays Absent Benanav ,/' Requested by Department of: Blakey ■ ' { Technolof.T.v & Management Services Bostrom ,/ Coleman Harris ✓ By: _ 1\ -- Lantry ;/ "uty- i"D rector Reiter ✓ Form Approved by City Attorney Adopted by Council: Date •_- .\ \`k`\"` By: aa'w - //-?-S"f Adoptio a Certified by Council Secretary r By: , , • Q ...--- ._ _ Appro --r'' Ma;, fo bm'.�if,n to Council Approved r ayor: ,i0 , : V, — ,b \`kcl`1 �— �, /' / '/ B :i I, 1 By: Q I y �titmziall. 3 ULLr1T 3328662 STATE OF MINNESOTA ) COUNTY OF RAMSEY ) ss. CITY OF SAINT 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 the Dedication of Easement signed by Gwynne Evans on May 5, 2000 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 1st day of June, 2000. • , ( r 717691:91-t •y .w ', DEPUTY CITY CLERK DEDICATION OF EASEMENT FOR DRAINAGE PURPOSES Gwynn Evans, a resident of the City of Saint Paul , Grantor, for good and valuable consideration, to her in hand paid and the receipt of which is hereby CUacknowledged, does hereby grant, bargain, sell and convey to the City of Saint Paul, a municipal corporation of the State of Minnesota, its successors, and assigns, as Grantee, a permanent EFJ easement for drainage purposes on, over, under and across the following tract of land: r the northerly 10.00 feet of Lot 18, Block 3, Homer H. Hoyt Company Addition, being in the County of Ramsey, State of Minnesota, to have and to hold the same forever. The AGrantor does covenant that it is well seized in fee of the land and premises aforesaid, and has good right to sell and convey the same free of all encumbrances. That Grantor also covenants that the above granted easement is in the quiet and peaceable possession of the Grantee. The Grantor will warrant and defend against all persons lawfully claiming the whole or any part thereof, subject to encumbrances, if any, hereinbefore mentioned. It is intended and agreed that this agreement shall be a covenant running with the land and shall be binding to the fullest extent of the law and equity for the benefit of the public. It is further intended and agreed that this agreement and covenant shall remain if effect without limitation as to time. This easement shall be subject to the following conditions: a. No buildings, structures, or trees are permitted within the easement area nor any temporary structure, material storage, fixture, or other objects that will restrict the normal alley drainage. b. Improvements in or upon the easement area that do not interfere with the City's reserved rights may be allowed by obtaining written permission from the Department of Public Works Sewer Division with the understanding that the restoration and costs of such improvements shall be the sole responsibility of the petitioner, its successors and assigns, in the event the City exercises its reserved easement rights or due to damage caused by drainage through the easement area. c. No change from the existing grade is permitted within the easement area without the written permission from the Department of Public Works Sewer Division. d. No change in surfacing within the easement area is permitted without the written permission from the Department of Public Works Sewer Division. e. The petitioner, its successors and assigns shall indemnify, defend, and save harmless the City of Saint Paul, its officers, agents, employees, and servants from all suits, actions, or claims which shall arise from any injuries or damages received or sustained by any break in any storm pipe in said easement, or from the restriction of the normal flow of water, arising out of, or resulting from, any action or negligence on the part of the petitioner, its employees, agents, or business invitees. ENTERED IN TRANSFER RECORDS 6--� DIRECTOR,PROPERTY TAXATION Ramsey County, Minnesota 12-AJr IN TESTIMONY WHEREOF, the Grantor, Gwynn Evans, a private individual residing in the City of Saint Paul, has attested to and, in her hand, executed this deed on this, the 5th day of May, 2000. Grantor ILO By / r9 Its r,7 r� A By Its STATE OF MINNESOTA ) COUNTY OF RAMSEY ) The foregoing was acknowledged before me this 5th day of May , 2000 by Gwynne Evans the Grantor • ,IRAN A. ORTiZ This Instrument S4I t " t,,.. err cou+r�iss�or� was drafted by: ; EXPIRES JAM.31,MI5 Technology&Mgmt Services Real Estate Division Room 140 City Hall St. Paul, MN 55102 DOC# 3331933 Q Certified Recorded On ,1� l r, JULY 03,22000 AT 04:0�DPM j k)tjj Signed: r))) OFFICE CO.RECORDER `fi\ RAM5EY COUNTY MN Fee Amount: $19.50 11111 III 111 011111111 111 11 III 111111 STATE ( �'O COUNTY CITY OF S. I, Shari N, Deputy City Clerk of the City of Saint Paul, Minnesota, do hereby certify that I have compared the attached copy of Council File No. 99-1159 as adopted by the City Council on December 1, 1999 and approved by the Mayor on December 8, 1999 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 1st day of June, 2000. 7()7616-c( • DEPUTY CITY CLERK • 1 Return copy to: ORIGINAL Council File# clg•((S9 Real Estate Division 140 City Hall - Green Sheet# MCA tri RESOLUTION CITY OF SAINT PAUL, MINNESOTA a, 19 Presented By j rj Referred To Committee: Date rye 1 BE IT RESOLVED, that, upon the petition of Gwynn Evans, as documented in Finance Department 2 File Number 18-1999, public properties hereinafter described are hereby vacated and discontinued as 3 public property: 4 The property to be vacated is described as follows: 5 that part of the alley in Block 3, Homer H. Hoyt Company Addition lying northerly of the 6 easterly extension of the south line of Lot 18, said Block 3 7 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the 8 Saint Paul Legislative Code as amended, and to the following conditions: 9 1. That the petitioner's, their successors and assigns shall pay$500.00 as an administrative fee for 10 this vacation which is due and payable within 60 days of the effective date of this resolution. 11 2. That a permanent drainage easement shall be retained on, over, under and across the vacated area 12 on behalf of the City of Saint Paul, Department of Public Works. Said drainage easement shall 13 be subject to the following conditions: 14 a. No buildings, structures, or trees are permitted within the easement area nor any 15 temporary structure, material storage, fixture, or other objects that will restrict the normal 16 alley drainage 17 a. Improvements in or upon the easement area that do not interfere with the City's reserved 18 rights may be allowed by obtaining approval from the Department of Public Works Sewer 19 Division with the understanding that the restoration and costs of such improvements shall 20 be the sole responsibility of the petitioner, its successors and assigns, in the event the City 21 exercises its reserved easement rights or due to damage caused by drainage through the 22 easement area. 23 c. No change from the existing grade is permitted within the easement area without the 24 written permission from the Department of Public Works Sewer Division. 25 d. No change in surfacing within the easement area is permitted without the written 26 permission from the Department of Public Works Sewer Division. ENTERED IN TRANSFER RECORDS DIRECTOR, PROPERTY TAXATION Ramsey County, Minnesota /-") By OA,/ - , DOC# 3331 933 9g liset 1 e. The petitioner, its successors and assigns shall indemnify, defend, and save harmless the 2 City of Saint Paul, its officers, agents, employees, and servants from all suits, actions, or 3 claims which shall arise from any injuries or damages received or sustained by any break 4 in any storm pipe in said easement, or from the restriction of the normal flow of water, 5 arising out of, or resulting from, any action or negligence on the part of the petitioner, its 6 employees, agents, or business invitees. 7 3. That the petitioner shall dedicate, on behalf of the City of Saint Paul Department of Public 8 Works, a permanent drainage easement on, over, under and across the northerly 10.00 feet of Lot 9 18, Block 3, Homer H. Hoyt Company Addition. Said drainage easement shall be subject to the 10 conditions enumerated under condition 3. above. 11 4. That a permanent utility easement shall be retained within the vacated area to protect the interest 12 of Northern States Power Company. 13 5. That the petitioners, their successors and assigns agree to indemnify, defend and save harmless 14 the City of Saint Paul, its officers and employees from all suits, actions or claims of any character 15 brought as a result of injuries or damages received.or sustained by any person, persons or 16 property on account of this vacation or petitioners' use of this property, including but not limited 17 to, a claim brought because of any act of omission, neglect, or misconduct of said petitioners or 18 because of any claims or liability arising from any violation of any law or regulation made in 19 accordance with the law, whether by the petitioners or any of their agents or employees. 20 6. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this 21 resolution,file with the City Clerk an acceptance in writing of the conditions of this resolution 22 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in 23 all respects with these terms and conditions. ORIGINAL Yeas Nays Absent Benanav , Requested by Department of: Blakey ✓ Technology & Management Services Bostrom Coleman Harris ✓ By: _ \ -- Lantry ✓ ! i"D rector Reiter ✓ Form Approved by City Attorney Adopted by Council: Date Q ,1 \`l°1 By: /44 — /1—/-S"f Adoptio• Certified by Council Secretary By: a- , _ ____Appro -•/r Ma fo bm'..' fin to Council Approved • ayor: ,� �, r� . \°lci"\ / / By: .i/1 By: i 1 L. �1161167/111■ 3 DOO# 3331934 Certified Recorded On 14)2e ) JULY 03,28;. AT 84:00PM Signed: OFFICE CO.RECORDER RAINY CCUITY MN ) I: -- $19.50 11111131111 fn STATE OF MINNESOTA ) COUNTY OF RAMSEY ) ss. CITY OF SAINT 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 the Dedication of Easement signed by Gwynne Evans on May 5, 2000 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 1st day of June, 2000. • DEPUTY CITY CLERK • { SAC DEDICATION OF EASEMENC# 3331934 FOR DRAINAGE PURPOSES Gwynn Evans, a resident of the City of Saint Paul , Grantor, for good and valuable consideration, to her in hand paid and thet of which is hereby acknowledged, does hereby grant, bargain, sell and convey to the City of Saint Paul, a municipal corporation of the State of Minnesota, its successors, and assigns, as Grantee, a permanent easement for drainage purposes on, over, under and across the following tract of land: qik, the northerly 10.00 feet of Lot 18, Block 3, Homer H. Hoyt Company Addition, being in the County of Ramsey, State of Minnesota, to have and to hold the same forever. The Grantor does covenant that it is well seized in fee of the land and premises aforesaid, and has good right to sell and convey the same free of all encumbrances. That Grantor also covenants that the above granted easement is in the quiet and peaceable possession of the Grantee. The Grantor will warrant and defend against all persons lawfully claiming the whole or any part thereof, subject to encumbrances, if any, hereinbefore mentioned. It is intended and agreed that this agreement shall be a covenant running with the land and shall be binding to the fullest extent of the law and equity for the benefit of the public. It is further intended and agreed that this agreement and covenant shall remain if effect without limitation as to time. This easement shall be subject to the following conditions: a. No buildings, structures, or trees are permitted within the easement area nor any temporary structure, material storage, fixture, or other objects that will restrict the normal alley drainage. b. Improvements in or upon the easement area that do not interfere with the City's reserved rights may be allowed by obtaining written permission from the Department of Public Works Sewer Division with the understanding that the restoration and costs of such improvements shall be the sole responsibility of the petitioner, its successors and assigns, in the event the City exercises its reserved easement rights or due to damage caused by drainage through the easement area. c. No change from the existing grade is permitted within the easement area without the written permission from the Department of Public Works Sewer Division. d. No change in surfacing within the easement area is permitted without the written permission from the Department of Public Works Sewer Division. e. The petitioner, its successors and assigns shall indemnify, defend, and save harmless the City of Saint Paul, its officers, agents, employees, and servants from all suits, actions, or claims which shall arise from any injuries or damages received or sustained by any break in any storm pipe in said easement, or from the restriction of the normal flow of water, arising out of, or resulting from, any action or negligence on the part of the petitioner, its employees, agents, or business invitees. ENTERED IN NSFER RECORDS 6 (ee DIRECTOR, PROPERTY TAXATION . • Ramsey County, Minnesota By— r z�. IN TESTIMONY WHEREOF, the Grantor, Gwynn Evans, a private individual residing in the City of Saint Paul, has attested to and, in her hand, executed this deed on this, the 5th day of May. 2000. Grantor C�+ '-I By /Zei ) WAIr Its By Its STATE OF MINNESOTA ) COUNTY OF RAMSEY ) The foregoing was acknowledged before me this 5th day of May , 2000 by Gwynne Evans the Grantor JUAN A. ORTIZ This Instrument NOTARY PUBIC-MINNESOTA °` ,,•: ��: MY COMMISSION was drafted by EXPIRES JAN.31,2i"'35 Technology & Mgmt Services Real Estate Division Room 140 City Hall St. Paul, MN 55102 CITIZEN SERVICE OFFICE Fred Owusu,City Clerk P A I uN 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.r , ab 1 D June 1, 2000 \ ' To: Ramsey County Recorder Number Instrument Description Fees CF #99-1159 Resolution Part of alley in Block 3, Homer H. Hoyt V!%\ )" s Co. Addition and ` �' Easement same RAMSEY COUNTY RECORDER BY L3 Contact Person: Shari Moore CD 266-8686 CITIZEN SERVICE OFFICE Fred Owusu,City Clerk SAINT P AU L CITY OF SAINT 1 P 170 City Hall Tel.: 651-266-8989 Allot Norm Coleman, Mayor 15 W.Kellogg Boulevard Fax: 651-266-8689 Saint Paul,Minnesota 55102 AMA isommo �� t !f OD 10 June 1, 2000 To: Ramsey County Recorder ti Number Instrument Description Fees Cll 4# CF #99-1159 Resolution Part of alley in Block 3, Homer H. Hoyt Nc) Co. Addition /25° CO and Co Easement same cr., v`9 RAMSEY COUNTY RECORDER BY Contact Person: Shari Moore 266-8686 SI. s.4V • 0 .{r�l ""c11)'l ■Allagilli CS- C v D.1 114 4lQ°e l ti ©1 VsCsi,Z 6,mm . CS v m �Ol� V ` It�� 'Sgp '"-' CIA* I,`�.�;z'3199 s� S"igN 't+Dtk � ¢�,t1C� " C yr. ),2 Co c�. ¢� � 4 '¢0�� Cy'��1 �� ��t �� � 0 0119 1-6": �eyE9 • ■ mi`�,, GOER ,, ...... „mm $' • \ S 0.$1S- .,� 1 BE It ,, in Finance Department 2 File Nut, „r-v-acated and discontinued as 3 public pry, , 4 The propert; 5 that pu, _. Hoyt Company Addition lying northerly of the 6 easterly, ;n"Lot 18, said Block 3 7 This vacation shat.. .'terms and condition of Chapter 130, codified March 1, 1981, of the 8 Saint Paul Legislat. us amended, and to the following conditions: 9 1. That the petitioner's, their successors and assigns shall pay$500.00 as an administrative fee for 10 this vacation which is due and payable within 60 days of the effective date of this resolution. 11 2. That a permanent drainage easement shall be retained on, over, under and across the vacated area 12 on behalf of the City of Saint Paul, Department of Public Works. Said drainage easement shall 13 be subject to the following conditions: 14 a. No buildings, structures, or trees are permitted within the easement area nor any 15 temporary structure, material storage, fixture, or other objects that will restrict the normal 16 alley drainage 17 a. Improvements in or upon the easement area that do not interfere with the City's reserved 18 rights may be allowed by obtaining approval from the Department of Public Works Sewer 19 Division with the understanding that the restoration and costs of such improvements shall 20 be the sole responsibility of the petitioner, its successors and assigns, in the event the City 21 exercises its reserved easement rights or due to damage caused by drainage through the 22 easement area. 23 c. No change from the existing grade is permitted within the easement area without the 24 written permission from the Department of Public Works Sewer Division. 25 d. No change in surfacing within the easement area is permitted without the written 26 permission from the Department of Public Works Sewer Division. CITIZEN SERVICE OFFICE Fred Owusu,City Clerk SAINT PAUL CITY OF SAINT PAUL 170 Ciry Hall Tel.: 651-266-8989 Norm Coleman,Mayor 15 W.Kellogg Boulevard Fax 651-266-8689 tillillt Saint Paul,Minnesota 55102 Web:http://www.stpauLgov TDD:266-8509 AAAA rw.r December 20, 1999 Gwynne L. Evans 1405 Summit Avenue Saint Paul, MN 55105 Dear Petitioner: Enclosed is a copy of Council File 99-1159 which was adopted by the City Council on December 1, 1999. The resolution provides for the vacation of that part of the alley in Block 3, Homer H. Hoyt Company Addition lying as more fully described in the attached resolution. Please sign the acceptance of terms and return to me at the above address. 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 the dedication of easement which must also be signed and returned to me. If you have any questions about this paper,please contact Earl Carlson at 266-8850. Sincerely, is /2K Shari Moore Deputy City Clerk cc: Valuation Engineer- Technology and Management File No. 13-1999 Enc. DEDICATION OF EASEMENT FOR DRAINAGE PURPOSES Gwynn Evans, a resident of the City of Saint Paul , Grantor, for good and valuable consideration, to her in hand paid and the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey to the City of Saint Paul, a municipal corporation of the State of Minnesota, its successors, and assigns, as Grantee, a permanent easement for drainage purposes on, over, under and across the following tract of land: the northerly 10.00 feet of Lot 18, Block 3, Homer H. Hoyt Company Addition, being in the County of Ramsey, State of Minnesota, to have and to hold the same forever. The Grantor does covenant that it is well seized in fee of the land and premises aforesaid, and has good right to sell and convey the same free of all encumbrances. That Grantor also covenants that the above granted easement is in the quiet and peaceable possession of the Grantee. The Grantor will warrant and defend against all persons lawfully claiming the whole or any part thereof, subject to encumbrances, if any, hereinbefore mentioned. It is intended and agreed that this agreement shall be a covenant running with the land and shall be binding to the fullest extent of the law and equity for the benefit of the public. It is further intended and agreed that this agreement and covenant shall remain if effect without limitation as to time. This easement shall be subject to the following conditions: a. No buildings, structures, or trees are permitted within the easement area nor any temporary structure, material storage, fixture, or other objects that will restrict the normal alley drainage. b. Improvements in or upon the easement area that do not interfere with the City's reserved rights may be allowed by obtaining written permission from the Department of Public Works Sewer Division with the understanding that the restoration and costs of such improvements shall be the sole responsibility of the petitioner, its successors and assigns, in the event the City exercises its reserved easement rights or due to damage caused by drainage through the easement area. c. No change from the existing grade is permitted within the easement area without the written permission from the Department of Public Works Sewer Division. d. No change in surfacing within the easement area is permitted without the written permission from the Department of Public Works Sewer Division. e. The petitioner, its successors and assigns shall indemnify, defend, and save harmless the City of Saint Paul, its officers, agents, employees, and servants from all suits, actions, or claims which shall arise from any injuries or damages received or sustained by any break in any storm pipe in said easement, or from the restriction of the normal flow of water, arising out of, or resulting from, any action or negligence on the part of the petitioner, its employees, agents, or business invitees. • "IN TESTIMONY WHEREOF,the Grantor, Gwynn Evans, a private individual residing in the City of Saint Paul, has attested to and, in her hand, executed this deed on this, the 5th day of May, 2000. Grantor By /' Its Wir By Its STATE OF MINNESOTA ) COUNTY OF RAMSEY ) The foregoing was acknowledged before me this 5th day of May , 2000 by Gwynne Evans the Grantor —_ - - /P- A JUAN A. ORTIZ This Instrument .MINNESOTA r �p��((',pAAMiSSiON was drafted by: ``� ExP�RES JAN.31 2 `," Technology&Mgmt Services Real Estate Division Room 140 City Hall St. Paul, MN 55102 Saint Paul, Minnesota May 11, 2000 To the Honorable, the City Council Saint Paul, Minnesota COP Dear Council Members: I,the undersigned petitioner, hereby accept and agree to comply with the terms and conditions of Council File No. 99-1159, adopted by the City Council on December 1, 1999, and signed by the Mayor on December 8, 1999. i/J. Gwynn L. Ev. • DEDICATION OF EASEMENT FOR DRAINAGE PURPOSES n Evans a resident of the Cit of Saint Paul Grantor, Gw n to her in hand paid and the of which is he eb municipal rant,bargain, sell and convey to the City permanent for good and valuable consideration, acknowledged, does hereby g State of Minnesota,its successors, and assigns,ollovving tract opland: e semen for of drainage age purposes on, over,under and across easement for drainage pure the Ho t Company Addition, he northerly 10.00 feet of Lot 18,Block 3,Homer H. Y Minnesota,to have and to hold the same forever.vnd has The being i r the covenant n of Ramsey, State of premises Grantor does covenant that it is well seized of all encumbrances. p good right to sell and convey the same free quiet and peaceable granted easement is in the engt all persons lawfully possession Grantor also Grantee. that ra to will l mbrafend if inst all persons lawfntioned. of the Grantee. The Grantor will w o eri u d defend ag the land and shall possession o part thereof, subject with th It is intended the whole or any P agreement shall be a covenant running with public.e a d is and It is intended the agreed that this the equity for the benefit of the to the fullest extent of the law and eq Y nt and covenant shall remain if effect without limitation as be binding reeme intended and agreed that this agreement time. This easement shall be subject to the following conditions: Thi temporary permitted within the easement t area t drainage.temporary structure,ct buildings,ema i material storage, x ue , are p ects that will material storage, fixture, or other objects interfere with the City's reserved rights Improvements in or upon the easement area that do not int moment of Public Works Sewer b. ImP written permission from the Department improvements shall be the Division si allowed the obtaining e understanding that the restoration and costs such e event the City exercises its Division with th petitioner, its successors anda signs, through the the City xerc. reserved responsibility ee easement rights the p e caused by reserved easement rights or due to damage within the easement area without the written c. No change from the existing grade i s permitted of Public Works Sewer Division. permission from the Department permission d. No change in surfacing within the easement area is permitted without the written p from the Department of Public Works Sewer Division. and save harmless the City assigns shall indemnify, defend, tiu , its officers,errs, a ent and ploy and servants from all suits, actions, o claims pipe in e. The petitioner, vents, employees, any break in Y shall Saint Paul, its officers,injuries damages received or sustained by y out of, storm resulting shall arses en , any imuhes s icma� ets,or business or from the restriction of the normalfl f water,' eeploiye arising agents,from, any action or negligence on the part of the petitioner, invitees. NOTICE OF PUBLIC HEARING Notice is hereby given that the petition of Gwynne L. Evans for the vacation of that part of the alley of Block 3 , Homer H. Hoyt Company Addition 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 1st day of December, 1999 at 5 : 30 P.M. Dated November 1, 1999 Shari Moore Deputy City Clerk (November 6, 1999) SAINT PA U L Interdepartmental Memorandum 41110, CITY OF SAINT PAUL MUM ill II To: All Council Members From: Peter White Right of Way Engineer 140 City Hall Date: October 29, 1999 Subject: TMS Deptar nt Vacation File No 18-1999 I recommend a public hearing before the City Council be held on December 1, 1999 The purpose of this hearing is to consider a petition to vacate that part of the alley in Block 3,Homer H.Hoyt Company Addition lying northerly of the easterly extension of the south line of Lot 18,said Block 3. This property is located in City Council District 4, Planning District 1:3 The subject petition is in proper form and has been signed by the requisite number of property owners. cc: Shari Moore NOV 1 1999 (1899date) e � 'a � l__k RK CITIZEN SERVICE OFFICE Fred Owusu,City Clerk PAUL' 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.stpauLgov A AA A TDD:266-8509 .w.. August 24, 1999 Mr. 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 Gwynne L. Evans to vacate that part of the alley in Block 3, Homer H. Hoyt Co.'s Addition lying northerly of the easterly extension of the south line of Lot 18, said Block 3. The attached petition, along with the $100 fee, is all that I received. I did not receive any maps. Sincerely, Shari Moore Deputy City Clerk Attachments SAINT PAUL AAA* r..w 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: That part of the alley in Block 3, Homer H. Hoyt Co.'s Addition lying northerly of the easterly extension of the south line of Lot 18, said Block 3 I(we)request this vacation for the following reason(s). (Indicate whether you will be building on the site.) To provide space for a flower garden. 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: Gwynne L. Evans Name:Gwynne L. Evans Phone: (651) 646-6666 Phone:(651) 646-6666 Address:1405 Summit Aveniue - St Paul 55105 Address:1405 Summit Aveniue - St Paul 55105 Alternate Contact Person Name: Name: Phone: Phone: Address: Address: Name; Phone: �— Address: Name Address: Signatures of Owner(s)/Representative(s) of Property(ies) Below: �, /-1( 5-Yir5".7, 7/7e- G Lot 18,Block 3,Homer H.Hoyt Co.'s Addition / t '0 it. brO + JON K.OTTO s !11'-, ••TARY PUBLIC—MINNESOTA 7 ■ N`r . COUNTY .;,rt My Cornmesion Expires JAN 31,2000 �i�—�_ r + Lot 1,Block 3,Homer H.Hoyt Co.'s Addition r 4 JON K.OTTO "':;1101."''', NOTARY PUBLIC—MINNESOTA 'ice'` vvei,"`ve'evA NENNEPINCOUNTY yS. k* 31,2000 ib-^*' te I �■a la�rrt?+� nuY.. ::JAN ' I ' ,:NOTARY P '.LIC-MINNES• A ,A, "� My 'mils), Ex fires Jan.31,214- r r ":.? rr Y 7 Expires 4 • • 1, Gwynne L. Evans ,am the petitioner,or one of the petitioners in the above matter;and 1 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. I (/....... //i A / QA( etitioner) TI) Subscribed and sworn to before me this ."-A/�' day of l)C. i`,t ..>--T- l , 1999 II! )�� � r � �UG�, ' ON llGGI�I L' f �?t _ NO i�- -h41 (Notary) C; NNESOTA ..,..1:1.;,.. My Commission Expires Jan.31,2000 378. 7/ - 0 i '2, q`9>J J • — f • ,ie-s9 D . - --_ _,Aiifoit9400, `/b 4YrS, ti MEE f`S 6,-.S 20 J iiim v l O ` O W . w o tog J MEE1---- (2) 4 1 IL Mall 'fS MI WISTE w • I N ka w 3 - n W " S6.9S w M • w 1 .0S g• ,, it II „ II h - 66 . . .. 0 S3.SJ -9sS co f _ I �. NO _ _ w I l ce o N W vi o, z oo i w OI N W� �� ' • Z 'I\ -4. CID I-•• V.� to 1 ,. „ 90 . çj J O 7.1 9O • u „ as •` I V0 ■h PR / 54o �o _ _��p ST. `c �— C9 0`, .' I n I S9 -SL O N , V e z- n w%►.1 �, C7 1 N `tS.B1 1 ca � �b v 0 I • II- Lc rn Y, Q 0 92/ b0 iaz.53` /7G.4,[ , w NI 10 ItZ.57 ,. Yo 'fY.97 #40 4 7o i '� (1) V • n N_ T rn ♦ • N �V 1 sa 3 rn w , N �y •si v3 N N ry N W N ti M Z 0 ■ Co Ir l9 O , — _ v N CV N M w S ,lo • Z av W v Commonwealth Land Title Insurance Company 400 Sibley Street #255 St. Paul, MN 55101 Phone: 651-227-8571 Fax: 651-227-1708 • Commonwealth AIUNDAMUICA COMMIT Gwynne Evans 1405 Summit Avenue St. Paul, MN 55105 Re: Our File No: 101757 RAMSEY County, St. Paul, Minnesota Commonwealth Land Title Insurance Company does hereby certify that as of August 1, 1999, a search of the public tax records in and for RAMSEY County, Minnesota, discloses the names and address of the property owners abutting the North-South alley in Block 3, Homer H. Hoyt Co.'s Addition to St. Paul. (See Exhibit A attached hereto.) Also enclosed for your convenience is our memo invoice detailing our costs. Sincerely, Commonwealth Land Title Insurance Company (531°2-41- ‘2-1•4010410i■-■ Robert A. Anderson Licensed Abstractor This report cites matters appearing in the public records of RAMSEY, Minnesota, and is not to be construed as an opinion of title. Commonwealth Land Title Insurance Company disclaims any liability for errors or omissions. Enclosure I W W W W'W WIW W WIW WIW,W W WIWIW W W W W M W Ca W W W (a W W W W Ca I GJ I W W ca I Ca I W W W Ca W D N N N N N N N N N N 1\)I NI N N N 1V N N N N N O CO CO CO CO O D O D CO CO COICO CO CO I 0 D CO O D O ... N N N N N N N N N N N NIN N N N N N N N N C7 W W IW W W W W W W W W WIW W W W W W ( A W r.0. Ala .4. .4. a. A .pA .0. A. pIA .pAA � AaA � -AI...1 �1. J . . . 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EVANS - CH#5241 VACATION OF PUBLIC PROPERTY PER COUNCIL FILE #99-1159 APPROVED 12/08/99 TOTAL CASH: 50000 RECEIVED BY TREASURY: REPLACES TEMPORARY RECEIPT #: RECEIVED MAY 1 2000 CITY CLERK Return copy to: ORIGINA Council File# �l�-(iS9 Real 1 tate Division 140 City Hall - Green Sheet# matt t9 RESOLUTION CITY OF SAINT PAUL, MINNESOTA a` Presented By e&„4,„ Referred To Committee: Date 1 BE IT RESOLVED, that, upon the petition of Gwynn Evans, as documented in Finance Department 2 File Number 18-1999, public properties hereinafter described are hereby vacated and discontinued as 3 public property: 4 The property to be vacated is described as follows: 5 that part of the alley in Block 3, Homer H. Hoyt Company Addition lying northerly of the 6 easterly extension of the south line of Lot 18, said Block 3 7 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the 8 Saint Paul Legislative Code as amended, and to the following conditions: 9 1. That the petitioner's, their successors and assigns shall pay$500.00 as an administrative fee for 10 this vacation which is due and payable within 60 days of the effective date of this resolution. 11 2. That a permanent drainage easement shall be retained on, over, under and across the vacated area 12 on behalf of the City of Saint Paul, Department of Public Works. Said drainage easement shall 13 be subject to the following conditions: 14 a. No buildings, structures, or trees are permitted within the easement area nor any 15 temporary structure, material storage, fixture, or other objects that will restrict the normal 16 alley drainage 17 a. Improvements in or upon the easement area that do not interfere with the City's reserved 18 rights may be allowed by obtaining approval from the Department of Public Works Sewer 19 Division with the understanding that the restoration and costs of such improvements shall 20 be the sole responsibility of the petitioner, its successors and assigns, in the event the City 21 exercises its reserved easement rights or due to damage caused by drainage through the 22 easement area. 23 c. No change from the existing grade is permitted within the easement area without the 24 written permission from the Department of Public Works Sewer Division. 25 d. No change in surfacing within the easement area is permitted without the written 26 permission from the Department of Public Works Sewer Division. 9g�ilsq • 1 e. The petitioner, its successors and assigns shall indemnify, defend, and save harmless the 2 City of Saint Paul, its officers, agents, employees, and servants from all suits, actions, or 3 claims which shall arise from any injuries or damages received or sustained by any break 4 in any storm pipe in said easement, or from the restriction of the normal flow of water, 5 arising out of, or resulting from, any action or negligence on the part of the petitioner, its 6 employees, agents, or business invitees. 7 3. That the petitioner shall dedicate, on behalf of the City of Saint Paul Department of Public 8 Works, a permanent drainage easement on, over, under and across the northerly 10.00 feet of Lot 9 18, Block 3, Homer H. Hoyt Company Addition. Said drainage easement shall be subject to the 10 conditions enumerated under condition 3. above. 11 4. That a permanent utility easement shall be retained within the vacated area to protect the interest 12 of Northern States Power Company. 13 5. That the petitioners, their successors and assigns agree to indemnify, defend and save harmless 14 the City of Saint Paul, its officers and employees from all suits, actions or claims of any character 15 brought as a result of injuries or damages received or sustained by any person, persons or 16 property on account of this vacation or petitioners' use of this property, including but not limited 17 to, a claim brought because of any act of omission, neglect, or misconduct of said petitioners or 18 because of any claims or liability arising from any violation of any law or regulation made in 19 accordance with the law, whether by the petitioners or any of their agents or employees. 20 6. That the petitioners,their successors and assigns shall, within 60 days of the effective date of this 21 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution 22 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in 23 all respects with these terms and conditions. ORIGINAL Yeas Nays Absent Benanav ✓ • Requested by Department of: Blakey ✓' Technology& Management Services Bostrom Coleman ,✓ i Harris ✓ By: Lantry ✓ Vik II'rector Reiter ✓ Form Approved by City Attorney Adopted by Council: Date Q .� \ \°l`1"` By: .4G4✓ - /1-3-s"j Adoptio a Certified by Council Secretary By: , �- A , _� Appry'l Ma . fo ,n to Council Approved/11 ayor: WV By: By: ' 1 P_! m. MP"