01-581 (2) Return copy to:
Real Estate Division 0 R C G i A L Council File# $$
140 City Hall Green Sheet# \\\
RESOLUTION
CITY ?F SAINT PAUL, MINNESOTA ?S
Presented By A9-.7
Referred To Committee: Date
1 BE IT RESOLVED, that, upon the petition of Episcopal Health & Housing Services, as documented in
2 Finance Department File Number 01-2001, public properties hereinafter described are hereby vacated
3 and discontinued as public property.I
4
5 The properties to be vacated are desribed as follows:
6
7 Parcel 1. that part of Dewey Street lying southwesterly of the southwest line of University
8 Avenue and northwesterly of the northwest line of Feronia Avenue; and
9
10 Parcel 2. the northwest-southeast alley lying westerly of a line from the northeast corner of
11 Lot 100, Union Park to the southeast corner of Lot 181 Hinkel's 3rd Amendment,
12 and lying southeasterly of a line from the northwest corner of Lot 87, Union Park to
13 the southwest corner of Lot 193, Hinkel's 3`d Amendment; and
14
15 Parcel 3. the north-south dead-end alley, including cul-de-sac, extending southerly of a line
16 from the northeast corner of Lot 87 to the northwest corner of Lot 100, all in the
17 said Union Park.
18
19 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the
20 Saint Paul Legislative Code as amended, and to the following conditions:
21
22 1. That the petitioner's, their successors and assigns shall pay$500.00 as an administrative fee for
23 this vacation which is due arlid payable within 60 days of the effective date of this resolution.
24
25 2. That the petitioner shall pay 111 costs and expenses for any reconstruction of the
26 Dewey/University and Dewe /Feronia intersections that may be necessary to properly eliminate
27 the appearance of a public th roughfare, including but not limited to costs for new curbs,
28 sidewalks, boulevards, storm drains and street sign removal, all to the satisfaction of the
29 Department of Public Worksl.
30
31 3. That the petitioner shall notify the Department of Public works regarding removal of street
32 lighting within the vacated aea. All costs for the removal shall be the responsibility of the
33 petitioner.
34
II
41-311
1 4. That a permanent utility easement shall be retained on, over, under and across the vacated area on
2 behalf of the City of Saint Paul, Department of Public Works to reserve the right of the City to
3 maintain and operate any sewer in or upon said easement and to enter upon said easement or any
4 portion thereof at any time and from time to time, for the purposes of future construction,
5 reconstruction, inspecting, maintaining or repairing the same or any part thereof. Use of the
6 property within said utility easement shall be subject to the following conditions:
7
8 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any
9 other objects that will prohibit normal access to utility facilities for maintenance purposes
10 will be permitted within the easement area.
11
12 b. Improvements in or upon the above described easement that do not prohibit the City from
13 exercising its reserved rights may be allowed by obtaining written permission from the
14 Department of Public Works Sewer Division with the understanding that the restoration
15 and costs of such improvements shall be the sole responsibility of the petitioner, its
16 successors and assigns in the event the City exercises its reserved easement rights.
17
18 c. No change from the xisting grade within the easement area will be permitted without
19 written permission from the Department of Public Works.
20
21 d. No change in surfacing within the easement area will be permitted without written
22 permission from the Department of Public Works.
23
24 e. The petitioner, its successors and assigns shall indemnify, defend, and save harmless the
25 City of Saint Paul, its officers, agents, employees, and servants from all suits, actions, or
26 claims which shall arise from any injuries or damages received or sustained by any break
27 in any service pipe or connection in said reserved easement arising out of or resulting
28 from any action or negligence of the petitioner, its employees, agents, or business
29 invitees.
30
31 5. That a permanent utility easement shall be retained on, over, under and across the vacated area on
32 behalf of the Board of Water Commissioners of the City of Saint Paul, to reserve the right of the
33 Board of Water Commissioners to maintain and operate any water facility in or upon said
34 easement and to enter upon said easement or any portion thereof at any time for the purposes of
35 future construction, reconstruction, inspecting, maintenance or repair of the same, or any part
36 thereof. Use of the property within said utility easement shall be subject to the following
37 conditions:
38
39 a. No buildings, structures, trees are permitted within the easement area, or any temporary
40 structure, material storage, fixture, or other object that will prohibit normal access to
41 water facilities for maintenance purposes without written permission from the Saint Paul
42 Regional Water Services.
43
44 b. No change from the existing grade or change in surfacing within the easement area is
45 permitted without written permission from the Saint Paul Regional Water Services.
1 c. Should it be necessary that the petitioner's works or improvements be removed or
2 damaged as a result Of Saint Paul Regional Water Services operations, all removal,
3 replacement or modification costs shall be borne solely by the petitioner.
4
5 d. The petitioner, its successors and assigns shall fully indemnify, defend and save harmless
6 the Board of Water Commissioners, its officers, agents, employees, and servants from all
7 suits, action or claim$ which shall arise from any injuries or damages received or
8 sustained by any break in any service pipe, water main, or connection in said reserved
9 easement, arising out of or resulting from any action or negligence of the petitioner, its
10 employees, agents or business invitees.
11
12 6. That a permanent utility easement shall be retained within the vacated area to protect the interest
13 ofd-Energy Company.
14 x C�
15 7. That a permanent utility easement shall be retained within the vacated area to protect the interest
16 of Qwest Communication, Inc.
17
18 8. That a permanent utility easement shall be retained within the vacated area to protect the interest
19 of A. T. &T. Broadband, Inc.
20
21 9. That the petitioners, their successors and assigns agree to indemnify, defend and save harmless
22 the City of Saint Paul, its officers and employees from all suits, actions or claims of any character
23 brought as a result of injuries or damages received or sustained by any person, persons or
24 property on account of this vacation or petitioners' use of this property, including but not limited
25 to, a claim brought because Of any act of omission, neglect, or misconduct of said petitioners or
26 because of any claims or liability arising from any violation of any law or regulation made in
27 accordance with the law, whether by the petitioners or any of their agents or employees.
28
29 10. That the petitioners, their su cessors and assigns shall, within 60 days of the effective date of this
30 resolution, file with the City Jerk an acceptance in writing of the conditions of this resolution
31 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in
32 all respects with these terms and conditions.
Yeas Nays Absent
Benanav ,/ ] Requested by Department of:
Blakey Technology &Management Services
Bostrom
Coleman �
Harris ,/ J By: . .._ Aril/141/
Lantry ✓ � Director
Reiter ✓ Form Approved by City Attorney
'7 0 c� I
Adopted by Council: Date CP , a o o\ By: 1, -I-Jas+rds.. .T= q-0 1
Adoption Certified by Council Secretary
By: Approved b Mayor for Submission to Council
Approved by Mayor: Date loV
By: # By: ��/A. AIL
CITIZEN SERVICE OFFICE
Fred Owusu,City Clerk
SAINT
p a p L 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
MUM
August 14, 2001
Linda Murphy
Department of Public Works
Room 800, City Hall Annex
Dear Linda:
Please prepare prints showing the vacation of that part of Dewey Street and the alleys
between Dewey and Lynnhurst in the City of St. Paul as fully described in Council File 01-581.
Please be advised that the necessary acceptance and fee have been filed.
Sincerely,
e_ 77/96t-r_c_
Shari Moore
Deputy City Clerk
cc: Valuation Engineer
Technology and Management Services File No.01-2001
NOTICE OF PUBLIC HEARING
Notice is hereby given that the petition of Episcopal Health &
Housing Services, for the vacation of that part of Dewey Street
lying north of Feronia and south of University Avenue and alleys
between Dewey and Lynn1iurst 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 6th day of June, 2001 at 5 :30 P.M.
Dated May 4 , 2001
Shari Moore
Deputy City Clerk
(May 10, 2001)
II
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Interdepartmental Memorandum
CITY OF SAINT PAUL
AAAA
plow
To: Shari Moore
City Cleric's Office
170 City Hall
From: Peter White
Right of Way Engineer
140 City Hall
Date: May 4, 2001
Subject: TMS Department Vacation File No 01-2001
I recommend a public hearing before the City Council be held on June 6, 2001 .
The purpose of this hearing is to consider a petition to vacate that part of Dewey Street lying north
of Feronia and south of University Avenue and alleys between Dewey and Lynnhurst.
This property is located in City Council District 4, Planning District 13.
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 May 17, 2001.
(101date)
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Saint Paul, Minnesota
June 19, 2001
To the Honorable,the City Council RECE/VED
JUN
Saint Paul, Minnesota C/T12S 200,
CLER/
Dear Council Members:
We, the undersigned petitioners,hereby accept and
agree to comply with the terms and conditions of
Council File No. 01-581, adopted by the City Council on June 6, 2001,
and approved by the Mayor on June 18, 2001.
_.. ._,,,,d"---------------
40Pa.r//k- I ' aexi-----
.11.r-Jz_s i' ko.,,e---
1
i
CITIZEN SERVICE OFFICE
Fred Owusu,City Clerk
SA[PAUN jr. CITY OF SAINT PAUL 170 City Hall Tel.: 651-266-8989
Norm Coleman,Mayor 15 W.Kellogg Boulevard Fax 651-266 8689
Saint Pau[,Minnesota 55102 Web:http://www.stpauLgov
AAAA TDD:266-8509
June 19, 2001
Episcopal Health & Housing Services
490 Lynnhurst Ave. E.
St. Paul, MN 55104
Attn: Marvin Plakut
Dear Petitioners:
Enclosed is a copy of Council File 01-581 which was adopted by the City Council on
June 6, 2001. The resolution provides for the vacation of that Dewey Street between
University and Feronia Avenues and the adjoining alley located between Dewey Street
and Lynnhurst 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,
j":--it......-e_,.`� ce.._
Shari Moore
Deputy City Clerk
cc: Valuation Engineer- Technology and Management Services File No. 01-2001
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CITIZEN SERVICE OFFICE
Fred Owusu,City Clerk
P A[U L 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
TDD:266-8509
AMA
rwpim
June 19, 2001
Episcopal Health & Housing Services
490 Lynnhurst Ave. E.
St. Paul, MN 55104
Attn: Marvin Plakut
Dear Petitioners:
Enclosed is a copy of Counil File 01-581 which was adopted by the City Council on
June 6, 2001. The resolution provides for the vacation of that Dewey Street between
University and Feronia Avenues and the adjoining alley located between Dewey Street
and Lynnhurst 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,
j/fuer...e..x'/yelot-ce_
Shari Moore
Deputy City Clerk
cc: Valuation Engineer - Technology and Management Services File No. 01-2001
Enc.
Saint Paul, Minnesota
June 19, 2001
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. 01-581, adopted by the City Council on June 6, 2001,
and approved by the Mayor on June 18, 2001.
CITIZEN SERVICE OFFICE
Fred Owusu,City Clerk
P A`U L 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
AMA TDD:266-8509
__w..
January 29, 2001
Peter White
Valuation Engineer
Real Estate Division
140 City Hall 1
1
Dear Peter:
I refer to you to check as to form and sufficiency and for recommendation, the
Y � Y
attached petition of Episcopal Health & Housing Services for the vacation of that
portion of Dewey Street between University and Feronia Avenues and the adjoining
alley located between Dewey Street and Lynhurst Avenue according to the recorded
plat thereof on file and of record in the Office of the Saint Paul City Clerk.
Sincerely,
Y
Shari Moore
Deputy City Clerk
Attachments
I
SAINT
PAUL
1()S4i
11/111111 Y\t.
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�ofSaint Paul to vacate its interests in the property(ies)legally described as follows:
DeA.A.),Q.17S X€ fS� ) 1. W Q Q- & U r \✓RA✓S DI�J u�
n
4 A.4,+4 s a(„42._ �'�- aekl r 0-6242, lo Ca-VP-9,k
,244 s 61442_ y
I(we)request this vacation for the following reason(s). (Indicate heth you will be building on the site.)
s Srat.t.)- i s 1 w71) flames,
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: G' /(,drlhh P/cJCd Name: VSCoftze /144-444, Sft*-frlcRs
Phone: (c ) 631 -Q4J S7 Phone: 6...s-) — O )-_
Address: l9d 6 L p„,h‘,„0.5 /90,e__. Address: 4196,
/21& 'i# ?/a k-e-
Alternate Contact Person/ -
Name: Q�/ (..Q,€6,4J1 Name:
(6's--) 6,94 --/o?--�Phone: � Phone:
Address: /96 E Ly��+z`1�y5 ,4 Address:
5 Ate; Sa7efr
Name:
Phone:
Address:
Name:
Phone:
Address:
f
I`
Signatures of Owner(s)/Representative(s) of Property(ies) Below:
X/6,46- ir Iti' dkr-(-) f77-4/ 5 371.23 P-Ve9,0c<7
P °4/ .33 a-q?-3:2-'Do ?-7
�'�� - fLr->v 33 9a3�3 /ooe
F4,�� ' ' PL-A) 33a-10-33 / ova/
or pry .2 3;1 4 0 033 d4
P:iv 33 9;3. eo o sc,s-
P1-N 33-41.)-.3 - 5zo o v4
/91-4/ 33.-/ 93 yooGa-
P171/ 33 a-92-,3 3 /0003
I, d������1��/�'f " , "``° 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.
Subscri.-• • sworn to before me this
day of 4tL- _ ' 2001
AddiKOZ:;.." ../
dicillfArlir/ /,,,, Ar
II af Ati. 1 '
Petitione No y
,:.,:;:::..t;;;.., JAN PAC STRYKER Q/ 3� , 7
NpTAFiYP!aStIC-B�INNESOTA !� commission expires
M''.oOMMISSION
(<alt><f-10>vg) ' exPlot i JAN.31,x005
1080 Montreal Avenue
Suite 200
St. Paul, MN 55116
651-227-8571
fax 651-699-9152
Commonwealth
November 21, 2000
Marvin J. Plakut
Episcopal Health & Housing Services
490 Lynnhurst Avenue East
St. Paul, MN 55104
Re: Our File No: 106984
Buyer\Borrower: Episcopal Health & Housing Services
Ramsey County, St. Paul, MN
Commonwealth Land Title Insurance Company does hereby certify that a search of Ramsey County,
Minnesota public tax records dis loses that, as of October 15, 2000, the owners of the properties
abutting the public right-of-way described as Dewey Street to be vacated between University Avenue
and Feronia Avenue and the alley located adjacent to Lots 87 thru 100, inclusive of Union Park and
that portion lying Easterly of the East line of Lynnhurst Avenue East and Westerly of the West line of
Dewey Street(see attached map) are as follows:
Property Type Property Identification No. Fee Owner
Abstract and Torrens 332923310001 The Episcopal Church Home of Minnesota
And
Episcopal Corporation for the Elderly
• EHHS Management, Inc.
490 Lynnhurst Avenue East
St. Paul, MN 55104
Abstract 332923310002 The Episcopal Church Home of Minnesota
And
Episcopal Corporation for the Elderly
• EHHS Management, Inc.
490 Lynnhurst Avenue East
St. Paul, MN 55104
Torrens 332923240026 The Episcopal Church Home of Minnesota
And
Episcopal Corporation for the Elderly
• EHHS Management, Inc.
490 Lynnhurst Avenue East
St. Paul, MN 55104
Abstract 332923240045 The Episcopal Church Home of Minnesota
And
Episcopal Corporation for the Elderly
EHHS Management, Inc.
490 Lynnhurst Avenue East
St. Paul, MN 55104
Abstract 332923240046 The Episcopal Church Home of Minnesota
And
Episcopal Corporation for the Elderly
EHHS Management, Inc.
490 Lynnhurst Avenue East
St. Paul, MN 55104
Abstract 3329123240062 Episcopal Church Home of Minnesota
1879 Feronia Avenue
St. Paul, MN 55104
(Church Home of Minnesota still shows as fee
owner for part of property.)
Abstract 332923240047 Porky's Drive-In, Inc.
3017 - 21st Avenue South
Minneapolis, MN 55407
Abstract 332923240027 Porky's Drive-In, Inc.
3017 - 21st Avenue South
Minneapolis, MN 55407
Abstract and Torrens 332923310003 The Church Home of Minnesota
1879 Feronia Avenue
St. Paul, MN 55104
This report represents the professional opinion of Commonwealth 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. Commonwealth Land Title Insurance Company assumes not liability for errors or
omissions.
Sincerely,
Commonwealth Land Title Insurance Company
(;?ke.--71
Robert A. Anderson
Licensed Abstractor
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