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01-219 (2) Return copy to: Council File# Ot-atq Real Estate Division (LAL) 140 City Hall Green Sheet# 104780 RESOLUTION �5 OR NA L CITY OF SAINT PAUL, MINNESOTA Presented By M,L. _JO A ■_.• Referred To Committee: Date 1 BE IT RESOLVED,that, upon th petition of Gary Vasko, as documented in Finance Department File 2 Number 13-2000, public properties hereinafter described are hereby vacated and discontinued as public 3 property, and, subject to the herein rated exceptions, the easements within those public properties are 4 hereby released. 5 6 The property to be vacated is described as follows: 7 8 That part of the 30-foot alley platted as part of Humphrey's Addition to St Paul lying 9 southeasterly of the east right-of-way line of Western Avenue and northwesterly of that portion 10 of the alley previously vacated by the City of St. Paul,per Council File No. 97-1434, approved by 11 the City Council November 26, 1997. 12 13 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the 14 Saint Paul Legislative Code as amended, and to the following conditions: 15 16 1. That the petitioners's, their successors and assigns shall pay$500.00 as an administrative fee for 17 this vacation which is due and payable within 60 days of the effective date of this resolution. 18 19 2. That, with the accompanying Utility Easement Certificates of Intended Non-Use, filed 20 voluntarily on behalf of Qwest (formerly US West Communications, Incorporated), Northern 21 States Power Company, MCI Worldcom, District Energy St. Paul, Incorporated, MediaOne, The 22 St. Paul Regional Water Services, and The Department of Public Works, made a part hereof by 23 this reference and filed in the office of the City Clerk of Saint Paul, the City, for itself and on 24 behalf of these corporations and departments, waives the right to the utility easements in the 25 vacated area described above. 26 27 3. That the petitioners, their successors and assigns agree to indemnify, defend and save harmless 28 the City of Saint Paul, its officers and employees from all suits, actions or claims of any character 29 brought as a result of injuries or damages received or sustained by any person, persons or 30 property on account of this vacation or petitioners' use of this property, including but not limited 31 to, a claim brought because of any act of omission, neglect, or misconduct of said petitioners r 32 because of any claims or liability arising from any violation of any law or regulation made it 33 accordance with the law, whether by the petitioners or any of their agents or employees. . • • ORIGINAL al .aAq 1 4. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this 2 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution 3 and shall,within the period(s) specified in the terms and conditions of this resolution, comply in 4 all respects with these terms and conditions. 5 i Yeas Na lys Absent Benanav o/ Requested by Department of: Blakey i/ Technology& Managem Services Bostrom ,/ Coleman ,.- At Q Harris r/ By: v Lantry , .- Director Reiter ,/ Form Approved by City Attorney M' O n Adopted by Council: Date JA _`_ o \ By: /44 — 2-l`l-° I 1 Adopti. Certified by Co scil S■cretary By: \_ -_ Approves • Mayor for Sub iss'on to Council Approved by Mayor: Date i, i , /:/ / By: i By: �%' � �7/ 7/7 /%i/% s:\INT r; a i. Interdepartmental Memorandum AAAA CITY OF SAINT PAUL To: Shari Moore City Clerk's Office • Room 170 City Hall From: Louise A. Langberg Real Estate Division 140 City Hall Date: February 1, 2001 Subject: Vacation#13-1999 - Alley vacation near Como and Western I have requested a date of March 7, 2001 for a Public Hearing to approve the attached Council Resolution. The purpose of the resolution is to vacate an unimproved alley platted as part of Humphrey's Addition to St. Paul, allowing the petitioners to develop their property over part of the vacated area. The utilities and usual City offices with rights to the area being vacated have all responded to our inquiries regarding the proposed vacation. Their responses are with the resolution as it is being routed for signatures. The resolution is currently in the City Attorney's Office. I have attached a copy of the Green Sheet, the Council Resolution, and a map of the area to be vacated. Please let me know if there is anything else you might need for this. Needs to be published no later than Thursday, February 8, 2001. Thank you! (131999sm) T.M.S.IREAL ESTATE DIVISION Date: January 31,2001 Green Sheet Number: 104780 Contact Person and Phone Number: 2 DEPARTMENT DIRECTOR 4 CITY COUNCIL AMOM ANIMAS Louise A Langberg 266-8861 .a 1 CITY ATTORNEY CITY CLERK WPM Must be on Council Agenda by: February 14, 2001, BUDGET DIRECTOR OFFICE OF FINANCIAL SVCS. for Public Hearing on March 7, 2001 3 MAYOR(OR ASSISTANT) REAL ESTATE DIVISION TOTAL#OF SIGNATURE PAGES 1(CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED: Set Public Hearing date of March 7, 2001 to discuss the proposed vacation of an alley northeasterly of Como Avenue between Western and Elfelt. Said alley was platted as part of Humphrey's Addition to St Paul, and is shown on the attached map. (File No. 13-2000) RECOMMENDATIONS:APPROVE(A)OR REJECT(R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING: 1. Has the person/firm ever worked under a contract for this department? YES NO PLANNING COMMISSION A STAFF 2. Has this person/firm ever been a City employee? YES NO CIVIL SERVICE COMMISSION 3. Does this person/firm possess a skill not normally possessed by any YES NO current City employee? CIB COMMITTEE Explain all YES answers on a separate sheet and attach. SUPPORTS WHICH COUNCIL OBJECTIVE? COUNCIL WARD(S) 1 DISTRICT PLANNING COUNCIL 7 INITIATING PROBLEM,ISSUE,OPPORTUNITY(Who,What,When,Where,Why?): Petitioner owns property adjoining the alley to be vacated, has plans to develop the site, and needs the vacation to clear up title issues . Site plan for the area has been approved by the City, and the alley needs to be vacated for the project to proceed. ADVANTAGES IF APPROVED: Construction of planned sevelopment can begin. DISADVANTAGES IF APPROVED: None at this time. DISADVANTAGES IF NOT APPROVED: Plan for site would have to be altered or abandonned. TOTAL AMOUNT OF TRANSACTION: $5500.00 COST/REVENUE BUDGETED(CIRCLE ONE) YES NO FUNDING SOURCE: to be paid by petitioner ACTIVITY NUMBER: FINANCIAL INFORMATION:(EXPLAIN) CITY OF ST.PAUL RECEIPT # 126545 CASH RECEIPT PAGE 1 PREPARED BY: YANEZ ENTRY.DATE 04/03/01 DEPARTMENT: EXECUTIVE ADMINISTRATION DEPOSIT DATE: 04/03/01 ACCOUNT RE ERENCE DEBIT CREDIT QTY ?/01*01300*2833 500. 00 VA ATION OF STREET VAiK0 RUBBISH CK#27640 COtNCIL FILE#01-219 Cen$14- VA:it:1124,ot>4 E4/1444-- TOTAL CASH: 500. 00 RECEIVED BY TREASURY: REPLACES TEMPORARY RECEIPT Return copy to: Council File# Real Estate Division (LAL) 140 City Hall Green Sheet# 104780 RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Committee: Date 1 BE IT RESOLVED,that, upon the petition of Gary Vasko, as documented in Finance Department File 2 Number 13-2000, public properties hereinafter described are hereby vacated and discontinued as public 3 property, and, subject to the herein stated exceptions, the easements within those public properties are 4 hereby released. 5 6 The property to be vacated is described as follows: 7 8 That part of the 30-foot alley platted as part of Humphrey's Addition to St Paul lying 9 southeasterly of the east right-of-way line of Western Avenue and northwesterly of that portion 10 of the alley previously vacated by the City of St. Paul, per Council File No. 97-1434, approved by 11 the City Council November 26, 1997. 12 13 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the 14 Saint Paul Legislative Code as attended, and to the following conditions: 15 16 1. That the petitioners's, their successors and assigns shall pay$500.00 as an administrative fee for 17 this vacation which is due and payable within 60 days of the effective date of this resolution. 18 19 2. That, with the accompanying Utility Easement Certificates of Intended Non-Use, filed 20 voluntarily on behalf of Qwest (formerly US West Communications, Incorporated), Northern 21 States Power Company, MCI Worldcom, District Energy St. Paul, Incorporated, MediaOne, The 22 St. Paul Regional Water Services, and The Department of Public Works, made a part hereof by 23 this reference and filed in the office of the City Clerk of Saint Paul, the City, for itself and on 24 behalf of these corporations and departments, waives the right to the utility easements in the 25 vacated area described above. 26 27 3. That the petitioners, their,successors and assigns agree to indemnify, defend and save harmless 28 the City of Saint Paul, its officers and employees from all suits, actions or claims of any character 29 brought as a result of injuries or damages received or sustained by any person, persons or 30 property on account of this vacation or petitioners' use of this property, including but not limited 31 to, a claim brought because of any act of omission, neglect, or misconduct of said petitioners or 32 because of any claims or liability arising from any violation of any law or regulation made in 33 accordance with the law, whether by the petitioners or any of their agents or employees. 1 4. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this 2 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution 3 and shall, within the peridd(s) specified in the terms and conditions of this resolution, comply in 4 all respects with these terms and conditions. 5 Yeas I—I■17y-s-1 Absent Benanav I Requested by Department of: Blakey ( Technology&Management Services Bostrom Coleman Harris I By: Lantry Directoi Reiter �J Form Approved by City Attorney II Adopted by Council: Date By: Adoption Certified by Council 'Secretary By: Approved by Mayor for Submission to Council Approved by Mayor: Date By: By: 1 \ ' I /• �\ \\ �, �\ \ \ \\ ,: - o as ,L4 td : - ..,s,H7' - \ CC o a y � O; �. o /I --� 2 ; o = p 1 ; ; v Cl, . a ; ; -v = / r Z • ; a / is.'‘.'-- Z --= - -'-� ELFELT 1 777���rrr 1 1 A` J W . I fit... y' _ l 1 ti ► fh 11 i . ,, / / 0 / ..... ___1 r I / / ■ 1 . ,,,,: ' s'. 03..ss‘s,y No / N �' j/7 % .1•,,'..., fiy �V, / / � �� ',% z ao x / ! i' �^ BSI _ D / .,' N /l ' , ..! / / 4/". ;\ : ,` �N VIRGINIA ,:- --I-I / .,,,, , ,/ �./ _ ,/ I '`�' l 1` G f+l N•r i F ., \I,-1 _ N T y-' .. 11'4'`1 N N — N M ` tl! "� ,</N \ \ _ ! i / \ti : w — y_, ri r 4. - —7 cam..; z 1 ° �.�' Z ii' I N / O 1 � „s. V' 4 m N L _ \ WESTERN w CC D � , � p 03 r I I / z I O I 1 1/' / /'`. I i Q \ `l ■ , ..„.. , 1.. cl, ) ) ( ? I t ( ( ‘ ‘ ‘ ‘ ‘ r... .....; .7. .....= cr---c. ,-... --. -, c- - •.4 _ 7.4. '— . :0 •■■,, — q:1 . 414:::. •+' 1....i Qi i i:t i e E o c-? w ..c 2 I—' xi U)i 2 3 CO Z 2 U.1 ; co ,, 0) = 0 he c>s B LD 2 .2_ Cr) co,cac)2' 0 2 ID CC 1 3 ,1 8 >cc o • ,..' v.) c7) -..E ca Li_ VASKO R Rubbish Removal C�/1/ and 1 d Recycling Systems FAMILY OWNED SINCE 41 ES 3 u 2 11 '� rgT�ca/b City of St. Paul RECEIVED Real Estate Division (LAL) APR 2 — 2001 140 City Hall St. Paul, MN 55102 CITY CLERK March 13, 2001 To Whom It May Concern: This letter serves as an official acceptance of the conditions of the resolution referred to by Green Sheet # 104780, Finance Department File Number 13-2000 and Council File No. 97-1434. Vasko Rubbish Removal, Inc. willeotply in all aspects with the terms and conditions of this resolution. Please note that a check in the amount of$500 is enclosed as payment of the administration fee. S: cere '_ Roger Vasko Vice President 309 COMO AVENUE • ST. PAUL, MINNESOTA 55103 • (651) 774-0916 • FAX (651) 489-9504 1 Return copy to: Council File# 0%.-mt Real Estate Division(LAL) 140 City Hall Green Sheet# 104780 RESOLUTION ORIGINAL CITY OF SAINT PAUL, MINNESOTA 4S Presented By j Referred To Committee: Date 1 BE IT RESOLVED,that,upon the petition of Gary Vasko, as documented in Finance Department File 2 Number 13-2000, public properties hereinafter described are hereby vacated and discontinued as public 3 property, and, subject to the herein stated exceptions, the easements within those public properties are 4 hereby released. 5 6 The property to be vacated is described as follows: 7 8 That part of the 30-foot alley platted as part of Humphrey's Addition to St Paul lying 9 southeasterly of the east right-of-way line of Western Avenue and northwesterly of that portion 10 of the alley previously vacated by the City of St. Paul, per Council File No. 97-1434, approved by 11 the City Council November 26, 1997. 12 13 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the 14 Saint Paul Legislative Code as amended, and to the following conditions: 15 16 1. That the petitioners's, their successors and assigns shall pay$500.00 as an administrative fee for 17 this vacation which is due and payable within 60 days of the effective date of this resolution. 18 19 2. That, with the accompanying Utility Easement Certificates of Intended Non-Use, filed 20 voluntarily on behalf of Qwest(formerly US West Communications, Incorporated), Northern 21 States Power Company, MCI Worldcom,District Energy St. Paul, Incorporated, MediaOne, The 22 St. Paul Regional Water Services, and The Department of Public Works, made a part hereof by 23 this reference and filed in the office of the City Clerk of Saint Paul, the City,for itself and on 24 behalf of these corporations and departments, waives the right to the utility easements in the 25 vacated area described above. 26 27 3. That the petitioners, their successors and assigns agree to indemnify, defend and save harmless 28 the City of Saint Paul, its officers and employees from all suits, actions or claims of any character 29 brought as a result of injuries or damages received or sustained by any person, persons or 30 property on account of this vacation or petitioners' use of this property, including but not limited 31 to, a claim brought because of any act of omission, neglect, or misconduct of said petitioners c 32 because of any claims or liability arising from any violation of any law or regulation made it 33 accordance with the law, whether by the petitioners or any of their agents or employees. / „ 4 , a ORIGiNAL V,-a-,q 1 4. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this 2 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution 3 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in 4 all respects with these terms and conditions. 5 Yeas I Nays I Absent Benanav Requested by Department of: Blakey i/ Technology&Managemeivices Bostrom ] ,% Coleman ,/ I Harris ,/ I I By: Ilitt/ Lantry ,/ Director Reiter ,/ Form Approved by City Attorney ri O Adopted by Council: Date \d_ n O\ By: % it 2 -(V-0 Adopti• Certified by Co cil Secretary By: _�. Approve Mayor for Sub iss'on to Council Approved by Mayor: Date /, i, , /:, By: Y% /� li By: 17�� / CITIZEN SERVICE OFFICE Fred Owusu,City Clerk sAINI CITY OF SAINT PAUL r 170 City Hall Tel.: 651-2664989 .nu �. Norm Coleman,Mayor 15 W.Kellogg Boulevard Fax: 651-266-8689 Saint Paul,Minnesota 55102 Web:http://www.stpauLgov TDD:266-8509 Axiip March 28, 2001 509 (0040 A. G & R Real Estate 920 Atlantic Street rr, P A U L g s7 03 St. Paul, MN 55106 Attn: Gary and Roger Vasko Dear Petitioners: Enclosed is a copy of Council File 01-219 which was adopted by the City Council on March 7, 2001. The resolution provides for the vacation of that part of the alley as part of Humphrey's Addition 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, �.� 0700 'Shari Moore Deputy City Clerk cc: Valuation Engineer - Technology and Management Services File No. 13-2000 Karen R. Kees, Felhaber, Larson, Fenlon & Vogt, P.A. 30 E. 7th Street, Suite 2100, St. Paul, MN 55101 Enc. • Saint Paul, Minnesota March 28, 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. 01-219, adopted by the City Council on March 7, 2001, and approved by the Mayor on March 14, 2001. ,--7144/37 CITIZEN SERVICE OFFICE Fred Owusu,City Clerk P SAINT 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 AAAA TDD:266-8509 March 28, 2001 G & R Real Estate 920 Atlantic Street St. Paul, MN 55106 Attn: Gary and Roger Vasko Dear Petitioners: Enclosed is a copy of Council File 01-219 which was adopted by the City Council on March 7, 2001. The resolution provides for the vacation of that part of the alley as part of Humphrey's Addition 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, -...5 /yam Shari Moore Deputy City Clerk cc: Valuation Engineer - Technology and Management Services File No. 13-2000 Karen R. Kees, Felhaber, Larson, Fenlon & Vogt, P.A. 30 E. 7th Street, Suite 2100, St. Paul, MN 55101 Enc. Saint Paul, Minnesota March 28, 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. 01-219, adopted by the City Council on March 7, 2001, and approved by the Mayor on March 14, 2001. NOTICE OF PUBLIC HEARING Notice is hereby given that the petition of Gary Vasko, for the vacation of that part of the 30-foot alley platted as part of Humphrey' s 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 7th day of March, 2001 at 5 :30 P.M. Dated February 2, 2001 Shari Moore Deputy City Clerk (February 8, 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 Far 651-266-8689 Saint Paul,Minnesota 55102 Web:http://www.stpauLgov AAAA TDD:266-8509 ....w June 22, 2000 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 G & R Real Estate for the vacation of that portion of the alley in Humphrey's Addition according to the recorded plat thereof on file and of record in the Office of the Saint Paul City Clerk. Sincerely, 1 1. - / /016Q-c( Shari Moore Deputy City Clerk Attachments L ■ Saint Paul Office Minneapolis Office 2100 MINNESOTA WORLD TRADE CENTER r 601 SECOND AVENUE SOUTH 30 EAST SEVENTH STREET A PROFESSIONAL ASSOCIATION OF ATTORNEYS AT LAW SUITE 4200 SAINT PAUL,MINNESOTA 55101-4901 MINNEAPOLIS,MINNESOTA 55402-4302 651 222-6321•FACSIMILE 651 222-8905 612 339-6321 •FACSIMILE 612 338-0535 Karen R.Kees RECEIVED (651)312-6020 ��� Reply to St.Paul Office 2000 E-mail:kkees @felhaber.com CITY CLERK. June 7, 2000 DELIVERY VIA MESSENGER City of Clerk City of Saint Paul Room 170 City Hall 15 West Kellogg Blvd. St. Paul, MN 55102 RE: Unimproved Land Owned by G & R Real Estate LLC Tax Parcel No. 25-29-23-43-0098 Legal Description: Attached here to as Exhibit A Our File No. 12250.003 Dear Sir/Madam: Enclosed is a Petition to Vacate the City's Interest in a portion of an alley located in Humphrey's Addition, as more particularly described in the enclosed Petition. G & R Real Estate is our client in this matter. Our check in the amount of$100 is enclosed for the filing fee. The required certified ownership report will be forthcoming very shortly. I have not enclosed copies of the site plan for this property, as the site plan is on file with the City and has just recently been reviewed and approved. This particular vacation has some unusual factors - the site plan that was reviewed and approved by the City notes the alley along the southerly side of the property as vacated, and the site plan utilizes a portion of the alley for the location of a drive-on scale. The fact that the alley was never vacated came to our client's attention just a few weeks ago. We have been working with Linda Murphy, Public Works Right-of-Way Department,and Tom Beach,City Planning,to resolve this matter. The enclosed Petition (with copies of Quit Claim Deeds and Drainage Easement Agreement attached) is the result of those efforts. ::ODMA\GRPWISE\FELLAW.STPL.STPL Library:75168.I June 7, 2000 Page 2 Please call with any questions regarding this matter. I will forward the ownership report as soon as possible. Very truly yours, FELHABER LARSON, FENLON &VOGT, P.A. K en R. Kees Paralegal KRK:kao enclosure cc: Gary and Roger Vasko (w/enc.) John Haley(w/out enc.) Joseph Finley(w/enc.) Linda Murphy(w/enc.) Kareen Ecklund(w/out enc.) ::ODMA\GRPWISE\PELLAW.STPL.STPL Library:75168.I PETITION TO VACATE CITY INTEREST 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 legally described as follows: The part of the 30 foot alley platted as part of Humphrey's Addition lying southeasterly of the east right-of-way line of Western Avenue and northwesterly of that portion previously vacated by the City of St. Paul, per Resolution No. 97-1434. We request this vacation for the following reason. (Indicate whether you will be building on the site). G&R Real Estate LLC(dba Vaskos'Rubbish Removal)believed that it was the legal owner of that part of the alley lying adjacent to its southerly boundary, based on information set forth in the title policy and survey prepared for Vaskos at the time that Vaskos purchased the site for development. Vaskos have developed a site plan that incorporates the alleyway and specifically utilizes a portion of the alley for the location of a drive-on scale. The other parties signing this Petition have executed Quit Claim Deeds conveying any interest they may have in the alley to G & R Real Estate LLC, copies of which are attached hereto. In exchange for such Deeds, G &R Real Estate LLC has granted the adjacent property owners easements for drainage purposes, copies of which are also attached hereto. We have attached six copies of the site plans of any development intended for construction on the lands to be vacated. The site plan for Vaskos property has already been reviewed and approved by the City and, therefore, no additional copies of the site plan are attached hereto. Contact Person: Person(s) responsible for payment of vacation fee and for acceptance of the terms and condition of the vacation: Name: Karen R. Kees Name: G &R Real Estate Phone: 651-312-6020 Phone: (651) 774-0916 ja,frif� Address: Felhaber, Larson, Fenlon & Address: 920 Atlantic Street �jq l914_ 1(3 Vogt, P.A. St. Paul, MN 55106 30 E. 7th Street, Suite 2100 Attn; Gary and Roger Vasko St. Paul, Mn 55101 74687.1 05/30/2000 11:40 FELHABER LAW -> 6517740093 NO.346 1703 Signatures of Owner(s)/Representative(s)of Property(ies)Below: G& R REAL ESTATE LLC By: ■. _III i LA...---Title: M.._,.—., y-c a !' .t -,,-- Thomas A. Gavic 0.elVai- a4Ptcc- Derril E. Shantz I ' _ (/, At2 . J.i ce . Shantz I,Gary Vasko,the Pr'CL 5 • 44- ^.+ of G&R Real Estate LLC,am 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� .� ' Gary V•- o Subscribed and om to before me this Soh day of i11r. e_. ,2000 at...,,, g • `, „44-__ No . Public t. 7°• KAREN R.KEES iv 1 tlr 11 NOTARY PUBLIC.MINNESOTA ..\14::',, • MY COMMISSION EXPIRES `� ,it,vi JANUARY 31,2005 74657.1 7a 02/2003 1 0:29 FELHAEER - 4994391 N0.012 Dag II. (reserved for recording data) QUIT CLAIM DEED STATE DEED TAX DUE HEREON: $1.65 Date: May 3 I , 2000 FOR VALUABLE CONSIDERATION, Thomas A. Gavle, a single person, Grantor, hereby conveys and quitclaims to G & R Real Estate LX.C, a Minnesota limited liability company, Grantee, real property in Ramsey County, Minnesota., described as follows: See attached Exhibit A; together with all herect taments and appurtenances belonging thereto. This Quit Claim Deed is intended to convey any and all interest of the Grantor in and to the property described herein, it being the intent of the Grantor to convey any and all rights of the Grantor in and to the subject property; including without limitation any streets, alleys, rights of way,or other passageways now of hereafter vacated and situated within the legal description of the subject property. This Quit Claim Deed also conveys any after-acquired interest of the Grantor in and to all or any portion of the property described herein. The total consideration for this conveyance is $500 or less. Thomas A. Gavic Oq/tAWP11060111aw.sTPl.61111.Uh wr:11i60$.1 1 05/02/20021 10:29. FELHABER 4894381 N0.012 D10 M i 1 STATE OF MINNESOTA ) ) ss. COUNTY OF _ _) $241 -'t 1 The foregoing instrument was acknowledged before me this SiX day of 2000 by 1 B Thomas A, G vic, a single person. 1 • ■ diz_e_..e. ` ALICE I.NELSON NOTARY PUBLIC-MINNESOTA 7�y il ' MY COMMISSION EXPIRES 1.31.2005 Notary r14b11c ■ i Tax statements for the real property described in this instrument should be sent to: i G &R Real Estate LLC 920 Atlantic Street St. Paul, MN 55106 This instrument was drafted by: Felhaber, Larson, Fenton Sc. Vogt, Professional Association 2100 Minnesota World Trade Center 30 East Seventh. Street Saint Paul, Minnesota 55101 (( K) i ormmcapwlsiow,•••.s7nomY.uw+rr:r,Rs., 2 EXHIBIT A Lots 2 through 9, inclusive, and a portion of Lot 1 , Block 8 and Lots 1 through 8 , inclusive, and a portion of Lot 9, Block 7 of Humphrey' s Addition to the City of St . Paul , and that portion of the S 1/2 SW 1/4 SE 1/4 of Section 25, Township 29 North, Range 23 West, of the 4th P.M. , Ramsey County, Minnesota, described as follows, to-wit : Beginning at the intersection of the East right of way line of Western Avenue, according to the recorded plat thereof, and a line drawn parallel with and distant 50 . 0 feet Southwesterly of, as measured at right angles to, Burlington Northern Railroad Company' s Main Track centerline, as originally located and constructed; thence Southeasterly parallel with said Main Track centerline to the point of intersection with the East line of SW 1/4 of SE 1/4 of said Section 25 ; thence Southerly along said East line of the SW 1/4 SE 1/4 a distance of 304 . 0 feet to the point of intersection with the South line of said Section 25; thence Westerly along said South line to the point of intersection with a line drawn parallel with and distant 135 . 0 feet Northeasterly of, as measured at right angles to, the Northeasterly right of way line of Como Avenue, according to the recorded plat thereof ; thence Northwesterly along said parallel line to a point distant 34 . 0 feet Southeasterly of , as measured at right angles to, the Northeasterly extension of a line drawn parallel with and distant 33 . 0 feet Northwesterly of, as measured at right angles to the Southeasterly line of Lot 12 , said Block 7; thence Westerly to a point on the Northeasterly line of said Block 7 distant 33 . 0 feet Northwesterly of the most Easterly corner of said Lot 12 , Block 7, as measured along said Northeasterly line of Block 7; thence Northwesterly along said Northeasterly line of Block 7 a distance of 148 . 0 feet; thence Southwesterly parallel with the Southeasterly line of said Lot 9, Block 7 a distance of 120 . 0 feet to the Northeasterly right of way line of said Como Avenue; thence Northwesterly along said Northeasterly right of way line to the intersection with said East right of way line of Western Avenue; thence Northerly along said East right of way line to the Point of Beginning. EXCEPT, Lots 5 through 9, Block 8, Lots 1 through 7, Block 7; and the Northwesterly 30 feet of Lot 8 , Block 7 ; all in Humphrey' s Addition to Saint Paul, according to the recorded plat thereof, and situate in Ramsey County, Minnesota. AND, further excepting That part of the to be vacated Virginia Street as dedicated in Humphrey' s Addition to Saint Paul, according to the recorded plat thereof, Ramsey County, Minnesota, lying between the Southeasterly extensions of the Northeasterly and Southwesterly boundary lines of Block 8, said Humphrey' s Addition to Saint Paul . Continued on next page 9829137832 EXHIBIT A CONTINUED 9829137832 ABSTRACT PROPERTY (reserved for recording data) QUIT CLAIM DEED STATE DEED TAX DUE HEREON: $1.65 Date: May 3i , 2000 FOR VALUABLE CONSIDERATION, Derril E. Shantz and Joyce V. Shantz, husband and wife, Grantors, hereby convey and quitclaim to G&R Real Estate LLC, a Minnesota limited liability company, Grantee, real property in Ramsey County, Minnesota, described as follows: See attached Exhibit A; together with all hereditaments and appurtenances belonging thereto. This Quit Claim Deed is intended to convey any and all interest of the Grantors in and to the property described herein, it being the intent of the Grantors to convey any and all rights of the Grantors in and to the subject property, including without limitation any streets, alleys, rights of way, or other passageways now or hereafter vacated and situated within the legal description of the subject property. This Quit Claim Deed also conveys any after-acquired interest of the Grantors in and to all or any portion of the property described herein. The total consideration for this conveyance is $51! or less. -rril E. Shantz I ryce V. Shantz ::ODMA\GRPWISE\FELLAW.STPL.STPL Library:73533.1 1 e;� STATE OF MINNESOTA ) ) ss. COUNTY OF WAs‘>>Nc,Tag ) The foregoing instrument was acknowledged before me this 3 l day of May, 2000 by Derril E. Shantz and Joyce V. Shantz, husband and wife. it • /r����¢i^" (� �s%�....-✓ i MICHAEL C. OLSON Notar Public NOTARY PUBLIC—MINNESOTA y �' My Comm.Expires Jan.31,2005 1 Tax statements for the real property described in this instrument should be sent to: G & R Real Estate LLC 920 Atlantic Street St. Paul, MN 55106 This instrument was drafted by: Felhaber, Larson, Fenlon & Vogt, Professional Association 2100 Minnesota World Trade Center 30 East Seventh Street Saint Paul, Minnesota 55101 (KRK) ::ODMA\GRPWISE\FELLAW.STPL.STPL Library:73533.I 2 EXHIBIT A Lots 2 through 9 , inclusive, and a portion of Lot 1 , Block 8 and Lots 1 through 8 , inclusive, and a portion of Lot 9, Block 7 of Humphrey' s Addition to the City of St . Paul , and that portion of the S 1/2 SW 1/4 SE 1/4 of Section 25 , Township 29 North, Range 23 West, of the 4th P.M. , Ramsey County, Minnesota, described as follows, to-wit : Beginning at the intersection of the East right of way line of Western Avenue, according to the recorded plat thereof, and a line drawn parallel with and distant 50 . 0 feet Southwesterly of, as measured at right angles to, Burlington Northern Railroad Company' s Main Track centerline, as originally located and constructed; thence Southeasterly parallel with said Main Track centerline to the point of intersection with the East line of SW 1/4 of SE 1/4 of said Section 25 ; thence Southerly along said East line of the SW 1/4 SE 1/4 a distance of 304 . 0 feet to the point of intersection with the South line of said Section 25 ; thence Westerly along said South line to the point of intersection with a line drawn parallel with and distant 135 . 0 feet Northeasterly of, as measured at right angles to, the Northeasterly right of way line of Como Avenue, according to the recorded plat thereof ; thence Northwesterly along said parallel line to a point distant 34 . 0 feet Southeasterly of, as measured at right angles to, the Northeasterly extension of a line drawn parallel with and distant 33 . 0 feet Northwesterly of, as measured at right angles to the Southeasterly line of Lot 12 , said Block 7; thence Westerly to a point on the Northeasterly line of said Block 7 distant 33 . 0 feet Northwesterly of the most Easterly corner of said Lot 12 , Block 7, as measured along said Northeasterly line of Block 7; thence Northwesterly along said Northeasterly line of Block 7 a distance of 148 .0 feet; thence Southwesterly parallel with the Southeasterly line of said Lot 9, Block 7 a distance of 120 . 0 feet to the Northeasterly right of way line of said Como Avenue; thence Northwesterly along said Northeasterly right of way line to the intersection with said East right of way line of Western Avenue; thence Northerly along said East right of way line to the Point of Beginning. EXCEPT, Lots 5 through 9, Block 8, Lots 1 through 7, Block 7; and the Northwesterly 30 feet of Lot 8, Block 7; all in Humphrey' s Addition to Saint Paul, according to the recorded plat thereof, and situate in Ramsey County, Minnesota. AND, further excepting That part of the to be vacated Virginia Street as dedicated in Humphrey' s Addition to Saint Paul, according to the recorded plat thereof, Ramsey County, Minnesota, lying between the Southeasterly extensions of the Northeasterly and Southwesterly boundary lines of Block 8, said Humphrey' s Addition to Saint Paul . Continued on next page 9829137832 EXHIBIT A CONTINUED 9829137832 ABSTRACT PROPERTY DRAINAGE EASEMENT AGREEMENT THIS AGREEMENT, is made and entered into this-5 day of jiA.n e_ ,2000,by and between G& R Real Estate LLC, a Minnesota limited liability company ("Grantor") and Thomas A. Gavic, a single person ("Grantee"). WHEREAS,the Grantor is the fee owner of certain real property located in Ramsey County, Minnesota, and legally described in Exhibit A attached hereto (the "Grantor's Property"); and WHEREAS, Grantee is the fee owner of certain real property located in Ramsey County, Minnesota, legally described in Exhibit B attached hereto (the "Grantee's Property"); and WHEREAS, the Grantee wishes to obtain from the Grantor an easement for drainage purposes over and across a portion of the Grantor's Property for the benefit of the Grantee's Property, and Grantor is willing to grant such an easement. NOW, THEREFORE, in consideration of Grantee's Quit Claim Deed to Grantor as to certain property, including the Easement Property, as defined below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. GRANT OF EASEMENT. Grantor hereby grants and conveys to Grantee, and Grantee's successors and assigns, a non-exclusive easement for storm water surface runoff and surface drainage purposes over and across that part of the Grantor's Property legally described in Exhibit C attached hereto (the "Easement Property"). 2. USE AND MAINTENANCE OF THE EASEMENT PROPERTY. Grantor shall not substantially alter the grade of the Easement Property from the levels noted on the grading and drainage plan prepared by Development Engineering, P.A. dated September 1, 1999 and revised November 10, 1999, a copy of which is attached hereto as Exhibit D. Grantor further agrees that it shall not construct any improvements on the Easement Property that would impede or obstruct the drainage and runoff of storm water in accordance with the intent of this Agreement. Grantee shall not have the right to install or place any improvements within the Easement Property. 3. BINDING EFFECT;DURATION PERIOD. The easement rights and obligations created herein shall run with the title to the Grantor's Property and the Grantee's Property,and shall be appurtenant to and for the benefit of the Grantee's Property. This Agreement may only be terminated or amended by the mutual written agreement of the parties hereto,or their successors-in- interest. 74676.1 05/3020ee 11:54 FELHABER LAW - 6514894381 NO.347 DOE 4, GOVERNING LAW. This Agreement shalt be governed by the laws of the State of Minnesota. IN WITNESS WHEREOF,the parties have executed this Agreement the date and year II rsl above written. GRANTOR: G&It REAL ESTATE LLC 64e2/!.?__Par Its: GRANTEE: 7----:4 -vtef Thomas A. Gavic STATE OF MINNESOTA ) )ss. COUNTY OF i n+s'y ) The foregoing was� owledged before me this s' 'A day of ..1''Z„'� , 2000, by • a'.s/sD , the l` i-e-s •al .r+ of G & R Real Estate LC, a Minnesota limited liability company, on behalf cf the company. iP• _s/-2.1.-j4--- Nota ublic ��•` % KAREN R.KEES STATE OF MINNESOTA ) NorARY max-~am '4'.E�.. • MY COMMISSION SS. Y 5 JANUARY 31.2001 COUNTY OF ms42-y ) The foregoing was acknowledged before me this a. day of ' 2000,by Thomas A.Gavic, a single person. Notary Public Drafted by: Feihaber,Larson,Fenian&Vogt, P.A. (IKRtK) 2100 Minnesota World Trade Center 30 East Seventh Street St.Paul,MN 55101 ALICE I.NELSON 4 NOTARY PUBLIC-MINNESOTA _*' MY COMMISSION EXPIRES 1.31.2005 • 74676.1 • EXHIBIT A Lots 2 through 9, inclusive, and a portion of Lot 1 , Block 8 and Lots 1 through 8 , inclusive, and a portion of Lot 9, Block 7 of Humphrey' s Addition to the City of St . Paul , and that portion of the S 1/2 SW 1/4 SE 1/4 of Section 25 , Township 29 North, Range 23 West , of the 4th P.M. , Ramsey County, Minnesota, described as follows, to-wit : Beginning at the intersection of the East right of way line of Western Avenue, according to the recorded plat thereof, and a line drawn parallel with and distant 50 . 0 feet Southwesterly of, as measured at right angles to, Burlington Northern Railroad Company' s Main Track centerline, as originally located and constructed; thence Southeasterly parallel with said Main Track centerline to the point of intersection with the East line of SW 1/4 of SE 1/4 of said Section 25 ; thence Southerly along said East line of the SW 1/4 SE 1/4 a distance of 304 . 0 feet to the point of intersection with the South line of said Section 25 ; thence Westerly along said South line to the point of intersection with a line drawn parallel with and distant 135 . 0 feet Northeasterly of, as measured at right angles to, the Northeasterly right of way line of Como Avenue, according to the recorded plat thereof ; thence Northwesterly along said parallel line to a point distant 34 . 0 feet Southeasterly of, as measured at right angles to, the Northeasterly extension of a line drawn parallel with and distant 33 . 0 feet Northwesterly of, as measured at right angles to the Southeasterly line of Lot 12 , said Block 7 ; thence Westerly to a point on the Northeasterly line of said Block 7 distant 33 . 0 feet Northwesterly of the most Easterly corner of said Lot 12 , Block 7 , as measured along said Northeasterly line of Block 7 ; thence Northwesterly along said Northeasterly line of Block 7 a distance of 148 . 0 feet ; thence Southwesterly parallel with the Southeasterly line of said Lot 9, Block 7 a distance of 120 . 0 feet to the Northeasterly right of way line of said Como Avenue; thence Northwesterly along said Northeasterly right of way line to the intersection with said East right of way line of Western Avenue; thence Northerly along said East right of way line to the Point of Beginning. EXCEPT, Lots 5 through 9, Block 8, Lots 1 through 7, Block 7; and the Northwesterly 30 feet of Lot 8, Block 7 ; all in Humphrey' s Addition to Saint Paul, according to the recorded plat thereof, and situate in Ramsey County, Minnesota. AND, further excepting That part of the to be vacated Virginia Street as dedicated in Humphrey' s Addition to Saint Paul, according to the recorded plat thereof, Ramsey County, Minnesota, lying between the Southeasterly extensions of the Northeasterly and Southwesterly boundary lines of Block 8, said Humphrey' s Addition to Saint Paul . Continued on next page 9829137832 • EXHIBIT A CONTINUED 9829137832 ABSTRACT PROPERTY EXHIBIT B DESCRIPTION OF GRANTEE'S PROPERTY Lots 5, 6, 7 and 8, Block 8, Humphrey's Addition. EXHIBIT C DESCRIPTION OF THE EASEMENT PROPERTY That part of the alley lying within the plat of Humphrey's Addition, now vacated or hereafter vacated, lying adjacent to and Northeasterly of the Grantee's Property described in Exhibit B to this Drainage Easement Agreement. 74685.1 AA il is og N ssII EXHIBIT D •_ . ` • -- • —_ r_ . 1FE 41 SO p 919 Z8 pi ; s nrof E € go ;d 4R • 8.. ;,.- ;=;,-. .-„i f g -, : `i 3 //4tc,../11:;".;/,.1.--;,-.:-11/./ i i• 1 o g / / :/ �'t, r '"., ' ! g / • / J70) `\\ei 'vj ;i ,1 / / y \ A( ° ;'!•• $ / / !/, '\ ' •1 :' Cr, i P, • .1,,,,/t/1./ ( . \ " ..-4.,' :I ri r ff n 2 NRGMIA AVETiE / " 41 tip a ,/,...,,,,,,,...,\c� ,c 1' ,,' r'4, " i / 7•/// 4,-,N. /b,,,N.,,,,/V ./. 6 .1. • ■/ Mm8 N /0• ', \ No,1• lt,: it .! m $ 77) , .X FIRRNGTW yNUE S / / ,/ 2. i < ♦ , q r � ' ; Q % �q � � o. % °,y ®t�\ / / . / • / "1 „,'. 4,... e > 41/ ;/i\ o ✓ 7.1 4 • � ° €EL ELT STREET g u L r r � i•21.4°4'' ' I I :Ili ** "I 7 . ; .', .4 4i,... ,, , , i - ... .. •. . ,,,,,„ i „ „ 8. •\*..,... i , 414:\ ff. / /�/ 9� • frrl.....(1.711 ;* 4 " 1401 i.E wf - an __}. 1 4 v t Al 1 LountnifiL. .. bib...A ;1 i i i PY A ., ti co s., t1 !17.91( ) '• / :/ fn ill X tw I zwotoE > . _ j �'•'� a,In /-a DRAINAGE EASEMENT AGREEMENT THIS AGREEMENT, is made and entered into this6"f4 day of .1Gt , 2000,by and between G&R Real Estate LLC, a Minnesota limited liability company("Grantor") and Derril E. Shantz and Joyce V. Shantz, husband and wife ("Grantee"). WHEREAS,the Grantor is the fee owner of certain real property located in Ramsey County, Minnesota, and legally described in Exhibit A attached hereto (the"Grantor's Property"); and WHEREAS, Grantee is the fee owner of certain real property located in Ramsey County, Minnesota, legally described in Exhibit B attached hereto (the "Grantee's Property"); and WHEREAS, the Grantee wishes to obtain from the Grantor an easement for drainage purposes over and across a portion of the Grantor's Property for the benefit of the Grantee's Property, and Grantor is willing to grant such an easement. NOW, THEREFORE, in consideration of Grantee's Quit Claim Deed to Grantor as to certain property, including the Easement Property, as defined below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. GRANT OF EASEMENT. Grantor hereby grants and conveys to Grantee, and Grantee's successors and assigns, a non-exclusive easement for storm water surface runoff and surface drainage purposes over and across that part of the Grantor's Property legally described in Exhibit C attached hereto (the"Easement Property"). 2. USE AND MAINTENANCE OF THE EASEMENT PROPERTY. Grantor shall not substantially alter the grade of the Easement Property from the levels noted on the grading and drainage plan prepared by Development Engineering, P.A. dated September 1, 1999 and revised November 10, 1999, a copy of which is attached hereto as Exhibit D. Grantor further agrees that it shall not construct any improvements on the Easement Property that would impede or obstruct the drainage and runoff of storm water in accordance with the intent of this Agreement. Grantee shall not have the right to install or place any improvements within the Easement Property. 3. BINDING EFFECT;DURATION PERIOD. The easement rights and obligations created herein shall run with the title to the Grantor's Property and the Grantee's Property,and shall be appurtenant to and for the benefit of the Grantee's Property. This Agreement may only be terminated or amended by the mutual written agreement of the parties hereto,or their successors-in- interest. 74676.1 L15760/2 L11:10 i1:.51 I-hLHI-WEI1 LI-141 -) 4I i4�b*1 NU...45 I&Ub 1 4. GOVERNING LAW. This Agreement shall be governed by the laws of the State 1 of Minnesota_ IN WITNESS WHEREOF,the parties have executed this Agreement the date and year first above written. GRANTOR: G & R REAL ESTATE LLC / By: _ 1vm ✓ /, car+� Its: /." "' ' (;:i4,4,_.(2<rAL735- . GRANTEE: _ . De it E. Shantz e---tpo ar:c4i,'_ -- ---- J ce V(Shantz STATE OF MINNESOTA ) ) ss. COUNTY OF "g•r,s°-y ) Tie.foregoing was knowledged before me this S' day of Tt•n'Q_ , 2000, by wry �c. Vas k , the Pr'.s...din &t of G & R Real Estate LLC, a Minnesota limited liability company, on behalf of the company. N ary Public KAREN R.KEES STATE OF MINNESOTA ) z,"1,1%.. NOTARY PUBLIC_MINNESOTA )SS. q :< ; MY COMMISSION EXPIRES COUNTY OF ) ^....-_ JANUARY 31.2005 W t1SW�uc.TO•A) The foregoing was acknowledged before me this 3 i day of 1Y 14-r ,2000, by Derril E. Shantz and Joyce V. Shantz, husband and wife. . 7( Z,i Notary Public Drafted by: ■ Fethaber,Larson,Fenlon&Vogt,P.A. (KRK) MICHAEL C. OLSON 2100 Minnesota World Trade Center NOTARY PUBLIC-MINNESOTA 30 East Seventh Street ‘4 My Comm.Expires Jen.31,2005 St. Paul,MN 55101 74676.1 EXHIBIT A Lots 2 through 9, inclusive, and a portion of Lot 1 , Block 8 and Lots 1 through 8 , inclusive, and a portion of Lot 9 , Block 7 of Humphrey' s Addition to the City of St . Paul , and that portion of the S 1/2 SW 1/4 SE 1/4 of Section 25, Township 29 North, Range 23 West, of the 4th P.M. , Ramsey County, Minnesota, described as follows, to-wit : Beginning at the intersection of the East right of way line of Western Avenue, according to the recorded plat thereof, and a line drawn parallel with and distant 50 . 0 feet Southwesterly of, as measured at right angles to, Burlington Northern Railroad Company' s Main Track centerline, as originally located and constructed; thence Southeasterly parallel with said Main Track centerline to the point of intersection with the East line of SW 1/4 of SE 1/4 of said Section 25 ; thence Southerly along said East line of the SW 1/4 SE 1/4 a distance of 304 . 0 feet to the point of intersection with the South line of said Section 25 ; thence Westerly along said South line to the point of intersection with a line drawn parallel with and distant 135 . 0 feet Northeasterly of, as measured at right angles to, the Northeasterly right of way line of Como Avenue, according to the recorded plat thereof ; thence Northwesterly along said parallel line to a point distant 34 . 0 feet Southeasterly of, as measured at right angles to, the Northeasterly extension of a line drawn parallel with and distant 33 . 0 feet Northwesterly of, as measured at right angles to the Southeasterly line of Lot 12 , said Block 7 ; thence Westerly to a point on the Northeasterly line of said Block 7 distant 33 . 0 feet Northwesterly of the most Easterly corner of said Lot 12 , Block 7 , as measured along said Northeasterly line of Block 7; thence Northwesterly along said Northeasterly line of Block 7 a distance of 148 . 0 feet ; thence Southwesterly parallel with the Southeasterly line of said Lot 9, Block 7 a distance of 120 . 0 feet to the Northeasterly right of way line of said Como Avenue; thence Northwesterly along said Northeasterly right of way line to the intersection with said East right of way line of Western Avenue; thence Northerly along said East right of way line to the Point of Beginning. EXCEPT, Lots 5 through 9, Block 8, Lots 1 through 7, Block 7 ; and the Northwesterly 30 feet of Lot 8, Block 7; all in Humphrey' s Addition to Saint Paul , according to the recorded plat thereof, and situate in Ramsey County, Minnesota. AND, further excepting That part of the to be vacated Virginia Street as dedicated in Humphrey' s Addition to Saint Paul, according to the recorded plat thereof, Ramsey County, Minnesota, lying between the Southeasterly extensions of the Northeasterly and Southwesterly boundary lines of Block 8, said Humphrey' s Addition to Saint Paul . Continued on next page 9829137832 EXHIBIT A CONTINUED 9829137832 ABSTRACT PROPERTY EXHIBIT B DESCRIPTION OF GRANTEE'S PROPERTY Lot 9,Block 8; Lots 1 through 7,Block 7; the Northwesterly 30 feet of Lot 8, Block 7;and that part of Virginia Street lying Northwesterly of Como Avenue and adjacent to Lot 1, Block 7, and adjacent to Lot 9, Block 8; all in Humphrey's Addition. 74685.1 EXHIBIT C DESCRIPTION OF THE EASEMENT PROPERTY That part of the alley lying within the plat of Humphrey's Addition,now vacated or hereafter vacated, lying adjacent to and Northeasterly of the Grantee's Property described in Exhibit B to this Drainage Easement Agreement. 74685.1 X,•cry GO al x g g 1 I EXHIBIT D ..— —• — a s a P I /� :o"r,r� g o Mill p fi g vcsrc�a �_ wx — �,:-::: " i / ,' /.it? '" ;" 'I .; ° � � ,A o g / / '' s •`( ? SI / / «',: t,`' '17/ /;r '.�A ill / / f •'! N 292; 8 FRi 9 € ViRCMA AVENUE ' '/ ': I 1 4 n / ' Fb \ g .l €.. / "/ F 's 7:`./- i Ail / /�,, ,' \ 'i'4:,'� -� g ,f • * Ili / / ../ , ..,,, ID K g / ',./ <.".j' ,,P. , ,, , ., ,„ ,,, , ; / . ..,...,„ , ,, t.., ., _. ,., i8i GARRINLtON AVENUE ` /////4"' '*;Z' j". . 4`12 110.4f i' ' ' . ,, / ///7- s , ,4' z 44 4 r,,, 4, ,It s !, • 6 '\ \'N. ra'. o$' ,� e . :r / / /Z ' N. C7 /4t1 4/ i IA \ / � 4' ' :/ ;psi 17.4 ELM,STREET .!";4 b €ea 1."\ I . ;hi '4 li / / Ili I , • 44. -4.4.1v . : i -' i ,., - IV :44 /0// / A l• . Al f v n .0. *1.0 N *AA/ • .• fl siol ,v1 1 ; w mor • "v4rN ... g IA If 1 -47 A /I //II A ( h.,11 fl If ; afi Apa,_ . liki=r,al'' ' 1. %:',4: il E 1 t ; y t .�-—° � i; — pre CO AI 1 P - I w E III � �� 1 .; SID ��B Saint Paul Office Minneapolis Office 2100 MINNESOTA WORLD TRADE CENTER �f 601 SECOND AVENUE SOUTH 30 EAST SEVENTH STREET A PROFESSIONAL ASSOCIATION OF ATTORNEYS AT LAW W SUITE 4200 SAINT PAUL,MINNESOTA 55101-4901 MINNEAPOLIS,MINNESOTA 55402-4302 651 222-6321•FACSIMILE 651 222-8905 612 339-6321 •FACSIMILE 612 338-0535 RECEIVED Karen 1) 12 R.Kees JUN 2 0 2000 (651)312-6020 al 2 Reply to St.Paul Office E-mail:kkees @felhaber.com CITY CLERK June 19, 2000 City Clerk City of Saint Paul Room 170 City Hall 15 West Kellogg Blvd. St. Paul, MN 55102 RE: Unimproved Land Owned by G&R Real Estate LLC Tax Parcel No. 25-29-23-43-0098 Legal Description: Attached here to as Exhibit A Our File No. 12250.003 Dear Sir/Madam: Our office filed a Petition to Vacate a portion of the alley located in Humphrey's Addition on June 8, 2000. We are submitting at this time the required Ownership Report, covering the properties abutting that portion of the alley for which vacation is sought. Please call with any questions or comments. Very truly yours, FELH :ER, LARSON, FENLON& VOGT, P.A. gee)O /1(ta aren R. Kees Paralegal KRK:kao enclosure cc: Gary and Roger Vasko (w/enc.) John Haley(w/out enc.) Kareen Ecklund(w/out enc.) ::ODMA\GRPWISE\FELLAW.STPL.STPL Library:75828.I 1 I • EXHIBIT A Lots 2 through 9, inclusive, and a portion of Lot 1, Block 8 and Lots 1 through. 8 , inclusive, and a portion of Lot 9, Block 7 of Humphrey' s Addition to the City of St . Paul, and that portion of the S 1/2 SW 1/4 SE 1/4 of Section 25, Township 29 North, Range 23 West, of the 4th P.M. , Ramsey County, Minnesota, described as follows, to-wit : Beginning at the intersection of the East right of way line of Western Avenue, according to the recorded plat thereof, and a line drawn parallel with and distant 50 . 0 feet Southwesterly of, as measured at right angles to, Burlington Northern Railroad Company' s Main Track centerline, as originally located and constructed; thence Southeasterly parallel with said Main Track centerline to the point of intersection with the East line of SW 1/4 of SE 1/4 of said Section 25 ; thence Southerly along said East line of the SW 1/4 SE 1/4 a distance of 304 . 0 feet to the point of intersection with the South line of said Section 25; thence Westerly along said South line to the point of intersection with a line drawn parallel with and distant 135 . 0 feet Northeasterly of, as measured at right angles to, the Northeasterly right of way line of Como Avenue, according to the recorded plat thereof; thence Northwesterly along said parallel line to a point distant 34 . 0 feet Southeasterly of, as measured at right angles to, the Northeasterly extension of a line drawn parallel with and distant 33 . 0 feet Northwesterly of, as measured at right angles to the Southeasterly line of Lot 12 , said Block 7 ; thence Westerly to a point on the Northeasterly line of said Block 7 distant 33 . 0 feet Northwesterly of the most Easterly corner of said Lot 12 , Block 7 , as measured along said Northeasterly line of Block 7 ; thence Northwesterly along said Northeasterly line of Block 7 a distance of 148 . 0 feet; thence Southwesterly parallel with the Southeasterly line of said Lot 9, Block 7 a distance of 120 . 0 feet to the Northeasterly right of way line of said Como Avenue; thence Northwesterly along said Northeasterly right of way line to the intersection with said East right of way line of Western Avenue; thence Northerly along said East right of way line to the Point of Beginning. EXCEPT, Lots 5 through 9, Block 8 , Lots 1 through 7, Block 7 ; and the Northwesterly 30 feet of Lot 8, Block 7; all in Humphrey' s Addition to Saint Paul, according to the recorded plat thereof, and situate in Ramsey County, Minnesota. AND, further excepting That part of the to be vacated Virginia Street as dedicated in Humphrey' s Addition to Saint Paul , according to the recorded plat thereof, Ramsey County, Minnesota, lying between the Southeasterly extensions of the Northeasterly and Southwesterly boundary lines of Block 8 , said Humphrey' s Addition to Saint Paul . 9829137832 OWNERSHIP REPORT ATI Title Company does hereby certify that a search of the Ramsey County, Minnesota, tax records discloses the following: as of June 7, 2000, the owners of the properties abutting the northwest-southeast alley as dedicated in the plat of Humphrey's Addition to Saint Paul, lying between Western Ave. and a line described as being 33.00 feet southeasterly of and parallel to the Northeasterly extension of the northwest line of Lot 12, Block 7 of said Addition, are as follows: Legal Description Property is: Fee Owner Attached Exhibit A Abstract G&R Real Estate LLC, a Minnesota (PIN No. 252923430098) limited liability company Mail Address: 920 Atlantic St., St. Paul, MN 55106 Lots 5 through 8, Block 8 Abstract Thomas A. Gavic Humphrey's Addition to Saint Paul (PIN No. 252923430103) Mail Address: 5465 Altura Road NE, Fridley, MN 55421 Lot 9, Block 8, and Abstract Derril Shantz Lots 1 through 7, Block 7, and the Northwesterly 30 Feet of Lot 8, Block 7, all in,Huuiprir ey's Addition to Saint Paul, and that part of Virginia Street lying north- easterly of Como Avenue and ad- joining Lot 1, Block 7, and adjoin- ing Lot 9, Block 8, Humphrey's Addition to Saint Paul (PIN No. 252923430104) Mail Address: 323 Como Avenue, St. Paul, MN 55103 Southeasterly 31 feet of Lot 9, Abstract Irving Rosenblum and Toby Lee All of Lots 10 and 11, and the Rosenblum, husband and wife, Northwesterly 17 feet of Lot 12, as joint tenants Block 7, Humphrey's Addition to Saint Paul (PIN No. 252923430044) Mail Address: 1631 Bcechwood Ave., St. Paul, MN 55116 The Easterly 33.00 feet of Lot 12, Abstract J& A Properties, LLP, a Minnesota Block 7, Humphrey's Addition to limited liability partnership St. Paul and the portion of the vacated alley accruing thereto (PIN No. 362923120003) Mail Address: 633 Snelling Ave. N., St. Paul, MN 55104 This report represents the professional opinion of ATI Title Company regarding record ownership of the above-described properties; it is not intended, nor shall it be construed, as a guarantee of title. ATI Title Company assumes no liability for errors or omissions. Sincerely, qicA:;.4) Alicia Pagel Licensed Abstracter ATI Title Company x - WESTERN - AVE- N. - - 25'— D 50' 40' 40' 40' 241.5' m p I0' 7 G.+ 100' .. . v \'/ b �`' r0 W V Cr �i j / ?lam 1-+ K m 0 G? /..... 90- / ),,,■Imili• ■10'6*- 'eV 1-3 `+ Uj ....!.., C a), �, Ca °s' d 1-71 n 4 . W �J J O,N / �'��cm . co ut,D si.. 1....3 03 0 Z//> 4 " 28.17 / O� o� I33' �a 35' i�-LV� Z� / N \ 1�0- Gi N / co 4°44■114; io Took / y o� So' .. \\\0 4a''. / o`' // / y Q 7.. � o o� '' e co o ° c o�` 1 o toy r At) C D y (o S o s 3 ~ 3 II om- o O w 4+ C13 n x-- x- � y d O 9c. a z °° o z Z WESTERN — AVE- N. — — 25'— D 50' 40' 40' 40' 241.5' 0'? p i 0' —7 100' 37' co r Al ' ' /'.3 `F U] 1.1 -� y co oy 41.-4■441V OZ 1-.4 w •, r 4P V Off/ r oy O 17 a I�p C~7t �9� / / o`4 44407,4: 1-71 n ql. 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