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00-1093 (2) r DOC# 3368082 i ? 0 Certified Recorded On JAN. 04,2001 A 08:15AM 61\ Signed: OFFICE CO,RECORDER \° RAMSEY COUNTY MN Fee Aiount: 319.50 1 / _---- 11111 III 111 II 111 111 1111 11 1111 11111 r-A70 (0 STATE OF MINNESO r, , 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 Council File No. 00-1093 as adopted by the City Council on November 1, 2000 and approved by the Mayor on November 7, 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 27th day of December, 2000. ., 0 Jr-wts il)(9194-k vv, DEPUTY CITY CLERK -.•t,, s....4,--, / Z/ ,t/ii 19-9"1-' 00 \_,,,,-).---25 e ' kt ,.e.....r.r...... IOC* 3368082 Return copy to: Council File# 00 - bq 3 Real Estate Division 140 City Hall Green Sheet# 104764 RESOLUTION ORIGINAL CITY OF SAINT PAUL, MINNESOTA ENTERED P NSF : i RCS Presented By nJ4� � t-ryAi / (�T/� `""` "T"'d�Yr'tC,r l �`d� ',`��9 1 T�*�`f ilJ�i Referred To Committee: Date { ' ,r99�'' :i�t� vaa , � -- J 1 BE IT RESOLVED,that, upon the petition of Kathleen Turner, as documented in Finance Department 2 File Number 17-2000, public properties hereinafter described are hereby vacated and discontinued as 3 public property: 4 5 The property to be vacated is described as follows: 6 7 Beginning at the southwest corner of Lot 4, Cyrus Brooks Homestead, Ramsey County, 8 Minnesota; thence westerly at right angles to the westerly line of said Lot 4 a distance of 8 feet; 9 thence northerly to a point on the westerly extension of the northerly line of said Lot 4 distant 10 6.48 feet westerly from the northwest corner of said Lot 4; thence easterly to the northwest corner 11 of said Lot 4; thence southerly along the westerly line of said Lot 4 to the point of beginning. 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, 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 subject vacation shall be for the life of the existing structure only. 20 21 3. That a permanent utility easement shall be retained within the vacated area to protect the interest 22 of Northern States Power Company. 23 24 4. That a permanent utility easement shall be retained within the vacated area to protect the interest 25 of Qwest Communications, Inc. (FKA U.S. West Communications, Inc.) 26 27 5. 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. DOC# 3368082 02)c1GINIAL 00-1+og3 1 6. 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 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Yeas Nays I Absent Benanav ,l Requested by Department of: Blakey / � Technology& Management Services Bostrom Coleman 1/ Harris f By: RA. Lantry ,/ I Director Reiter Form Approved by City Attorney Q I Adopted by Council: Date \5 ao By: -? 4(4-4 - / . Adoptio Certified by Council Secretary By: 2- . j-�. ,fie Approved by Mayor for Submission to Council Approved by Mayor: Date k)54) I7 2Ivo By: By: 07r...- ,l'h//4"0""'" 3 CITIZEN SERVICE OFFICE Fred Owusu,City Clerk CITY OF SAINT PAUL 170 City Hall Tel.: 651-266-8989 401, Norm Coleman,Mayor 15 W.Kellogg Boulevard Fax: 651-266-8689 Saint Paul,Minnesota 55102 MIA .1 -0, j Dad December 27, 2000 To: Ramsey County Recorder DOD 33680&= 4 q Number Instrument _ Description Fees CF #00-1093 Resolution Cyrus Brooks' Homestead t Jib RAMSEY COUNTY RECORDER BY Contact Person: Shari Moore 266-8686 CITY OF ST.PAUL RECEIPT # 123399 i CASH RECEIPT PAGE 1 1 PREPARED BY: CORA ENTRY.DATE 12/07/00 DEPARTMENT: EXECUTIVE ADM NISTRATION DEPOSIT DATE: 12/07/00 ACCOUNT RE ERENCE DEBIT CREDIT QTY T --- 001*01300*2833 500.00 VA ATION OF STREET KATHLEEN S. TURNER—CH*4536 PE COUNCIL FILE #00-1093 11 AP.'ROVED 11/17/00 I i 1 TOTAL CASH: 500.00 RECEIVED BY TREASURY: 1 i' 4—_- --- REPLACES TEMPORARY RECEIPT T : 1111 a i Return copy to: Council File# O O le : 1 Real Estate Division (LAL) 140 City Hall Green Sheet# 104760 RESOLUTION ORIGINAL alA7CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Committee: Date 1 WHEREAS, a request has been received from Kathleen Turner, on behalf of the owner of the property 2 at 866 Mound Street, Saint Paul, for the release of an easement originally taken by Council File No. 3 250749, approved by the Council October 7, 1970, described as follows: 4 5 An easement for slopes, cuts and fills, including right of removal of lateral support from 6 subject land or remainder thereof, occasioned by excavations thereof or construction of 7 slopes in the grading and surfacing with bituminous material the alley in CYRUS 8 BROOKS' HOMES 1'EAD AND THORP'S SUB., ST. PAUL, MINN. from McLean 9 Avenue to Elliot Place; and, 10 11 WHEREAS, the St. Paul Department of Public Works has determined that it no longer needs this 12 sewer easement; 13 14 NOW THEREFORE BE IT RESOLVED, that based upon a utility easement Certificate of Intended 15 Non-Use filed voluntarily by the Saint Paul Department of Public Works, the Council of the City of 16 Saint Paul, on behalf of the City for itself and on behalf of this department, does hereby waive and 17 release the above described sewer easement; and, 18 19 BE IT FURTHER RESOLVED, that upon passage of this resolution, the City Clerk is hereby 20 authorized and directed to record a copy of this resolution in the office of the County Recorder, 21 Ramsey County, and that the City Clerk shall maintain a copy of the Certificate of Intended Non-Use 22 referenced in this resolution on file in the office of Citizen Services. 23 Yeas I Nays ) Absent Benanav ��l ) Requested by Department of: Blakey ■/' Technology & Management Services Bostrom Coleman ,/ / MU/1ff_ Harris ,/ By / � Lantry � Director Reiter � Form Approved by City Attorney 0 Adopted by Council: Date . � By: 441(441401,f44-, tu..17 u Adoption Certified by Council Secretary By: Approved by Mayor for Submission to Council Approved by Mayor: Date NV 7 .7-ge By: ( �� i By Return copy to: Council File# OO bq 3 Real Estate Division 140 City Hall Green Sheet# 104764 RESOLUTION ORIGINAL CITY OF SAINT PAUL, MINNESOTA kkri Presented By !L,(I Referred To Committee: Date 1 BE IT RESOLVED, that, upon the Petition of Kathleen Turner, as documented in Finance Department 2 File Number 17-2000, public properties hereinafter described are hereby vacated and discontinued as 3 public property: 4 5 The property to be vacated is described as follows: 6 7 Beginning at the southwest corner of Lot 4, Cyrus Brooks Homestead, Ramsey County, 8 Minnesota; thence westerly at right angles to the westerly line of said Lot 4 a distance of 8 feet; 9 thence northerly to a point on the westerly extension of the northerly line of said Lot 4 distant 10 6.48 feet westerly from the northwest corner of said Lot 4; thence easterly to the northwest corner 11 of said Lot 4; thence southerly Tong the westerly line of said Lot 4 to the point of beginning. 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, 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 subject vacation shall be for the life of the existing structure only. 20 21 3. That a permanent utility easement shall be retained within the vacated area to protect the interest 22 of Northern States Power Company. 23 24 4. That a permanent utility easement shall be retained within the vacated area to protect the interest 25 of Qwest Communications, Inc. (FICA U.S. West Communications, Inc.) 26 27 5. 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. b H1 :Al po_two 1 6. 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 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Yeas Nays I Absent Benanav ✓ I Requested by Department of: Blakey ,/ ( Technology&Management Services Bostrom ,/ 1 I Coleman ✓Harris By: RA- I ✓ B Y Lantry ,/ ( Director I Reiter ,/ ( Form Approved by City Attorney �o O I 1 Adopted by Council: Date \5 a-o By: 444. -0- / ° . i3 . d Adoptio Certified by Council Secretary By: , _ Approved by Mayor for Submission to Council Approved by Mayor: Date k)/9l) /1 24 V+ By: By: " 25.4e (// HIV `O3 1 r.M.S./REAL ESTATE DIVISION Date: October 3,2000 Green Sheet Number: 104760 Contact Person and Phone Number: 2 DEPARTMENT D EC (9 1 CITY COUNCIL 41,0 Peter White 266-1850 E'" 1 CITY ATTORNEY (,[/ CITY CLERK Must be on Council Agenda by: BUDGET DIRECTOR OFFICE OF FINANCIAL SVCS. whenever convenient 3 MAYOR(OR ASSISTANT) REAL ESTATE DIVISION TOTAL #OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED: Approve the release of a slope easement taken for use during alley construction. 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) 7 DISTRICT PLANNING COUNCIL 4 INITIATING PROBLEM,ISSUE,OPPORTUNITY(Who,What,When,Where,Why?): A slope easement was taken for cuts and fills occasioned by the grading and paving of an alley in the block bounded by McLean Avenue, Bates Avenue,Mound Street, and Elliot Place. A requesthas been made to have this easement released. The Public Works Department has determined that the easement is no longer needed and has signed a form to release the easement. ADVANTAGES IF APPROVED: An unnecessary encumbrance will be removed from the titles of the affected properties. DISADVANTAGES IF APPROVED: None at this time. + , DISADVANTAGES IF NOT APPROVED: Easement would continue to be an encumbrance on the titles to the affected properties TOTAL AMOUNT OF TRANSACTION: $0 COST/REVENUE BUDGETED(CIRCLE ONE) YES NO FUNDING SOURCE: ACTIVITY NUMBER: FINANCIAL INFORMATION:(EXPLAIN) Oo-Vo31 CERTIFICATE OF INTENDED NON-USE THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE In the Matter of CITY OF SAINT PAUL File#00-C-7 The undersigned hereby certifies, on behalf of the indicated department or company, that it does not intend to exercise its utility rights in the realty described below: An easement for slopes, cuts and fills, including right of removal of lateral support from subject land or remainder thereof, occasioned by excavations thereof or construction of slopes in the grading and surfacing of the alley in CYRUS BROOKS' HOMESTEAD AND THORP'S SUB., ST. PAUL, MINN. from McLean Avenue to Elliot Place, as per Council File No. 250749, approved by the Council October 7, 1970 affecting Cyrus Brooks' Homestead and Thorp's Subdivision, St. Paul, Minnesota. St. Paul Department of Public Works Its D 1 Re6TOR 1"0"444144"-- Signature MINNESOTA ) >SS. RAMSEY The foregoing instrument was acknowledged before me this /6TH day of 7�/7 Lt G G'5/ 2000, by / /L./0mA .s Jr cJ �� '%f the D/�C of ST Pm UL ioovi6 6 i� lti%/e/c<S_a �iiti//e//° /f7"aa2X2 under the laws of the State of Minnesota. Notary Public, Rates y o un y,Minnesota.f/6 /c/ sston expires * * Please return this original copy to 140 City Hall, St. Paul, MN 55102 * * 5 "?. .. • •. . 3-2~—`�X• aS.; }#� � ie ''. M'.. . 1 A� *a511AL a 1 ,-i "".=1�J.°�f i.y1 r ,9-•:'‘14'..`1••..."',.••••••••_thala-l -.`_ -•.-;:-.':.v•r '.J _ _�.. .�..►7�`7�/Y�7 M t fig •• , 4.. •^ 4._.t ' 4. t,- , !" =• K 1 � J 7 ,tv'N :t+ {w`r J F ,4 r �; M 151� (. 1...' .. 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NY 7S -90/0 7-S" 7s .s' Y - e' 0 1 p 6 0/ I :{ i / I • \ n • IN E=1 ,,4'''k i ,,r-;:t 1 N • • •I Ali. J' • • • _R .1: 4.. - ;F.. .I / -.. d ty 49 1 •u'„ .rte • '. ... J_4 '/779 9.I6, 71,'6'.77 v •Pnf1 sY.I6•'9 - :1s aIv/7oi✓ 'ilk . • ryg..r 9_7a✓o,V , c' 'oo yg ,S/7 a'.0 0 - 15- /7 V • _' _ • / • • • . • ta..a.:Mn.:..,.�ytipw!•fitL'-....:.`J•..►M'HYnali:i.�n.wl��.l0.bu.ca..nar:.�5{ts�k ��liM�i�r•W.N,ins. 7ti�ylw'AluiYiIl�Sn4:icJll.�rRs.,74L:dT. 1Y�,.,. 1i ...�.___ _� • • CITIZEN SERVICE OFFICE Fred Owusu,City Clerk PASAINT L CITY OF SAINT PAUL 170 City Hall Tel: 651-266-8989 Norm Coleman,Mayor 15 W.Kellogg Boulevard Fax: 651-266-8689 t4t Saint Paul,Minnesota 55102 AAAA December 18, 2000 Linda Murphy Department of Public Works Room 800, City Hall Annex Dear Linda: Please prepare prints showing the vacation of that part of Lot 4, Cyrus Brooks Homestead (Mound Street alley) in the City of St. Paul as fully described in Council File 00-1093. Please be advised that the necessary acceptance and fee have been filed. Sincerely, 476t4-(-‹ Shari Moore Deputy City Clerk cc: Valuation Engineer Technology and ManagEment Services File No.17-2000 DATE /diy-- -7-e) b RECEIPT 4161808 RECEIVED FROM lQ' +L. P WJ -IL/LW-4J Al /Address / de/ l "i`'' -I / - /G' 02� . - '-> A • i./` /i�_./i� 0 4 AO . DO r • $ . M Z FOR „„,4--e- ' C r U 0 _ 1O % 3 N i $ ACCOUNT HOW PAID m BEGINNING CASH ar BALANCE !� /� �, //[��.'y/ / o PAID AMOUNT `J^l' — CHEC T7 Fc�t 7z, r/ *// i MADE IN U.S.A. BALANCE V MONEY 3 c wusonJones.1989 DUE ORDER BY_ . _ To Q$( 4-1-1 b 03 V-Kr\ Vt.:11\ e'er, TGt/, 4LLtL aL) , vvl D (oci 2271O f. gio 3 ix,' , v4c4J-1,3_ 14rd Aisbi„J; ,) _ Oc( i-a c-u (1.10-9-C SPz-s-cA C or-t (.4 eLk *(, -P•J 61-1 irc . s 4,.t.t cA, t15\ t'A I; Y"{ RECEIVED DEC 7 2000 CITY CLERK CITIZEN SERVICE OFFICE Fred Owusu,City Clerk SAINT CITY OF SAINT PAUL 170 City Hall TeL: 651-266-8989 PAUL Norm Coleman,Mayor 15 W.Kellogg Boulevard Fax 651-266-8689 toOot Saint Paul,Minnesota 55102 Web:http://www.stpauLgov AMA TDD:266-8509 November 21, 2000 Kathleen Turner Deborah Bednarz and David Lyons 444 Laurel Avenue 866 Mound Street Saint Paul, MN 55102 Saint Paul, MN 55106 Dear Petitioners: Enclosed is a copy of Council File 00-1093 which was adopted by the City Council on November 15,2000. The resolution provides for the vacation of that part of Lot 4,Cyrus Brooks Homestead 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, a"Lez-c.c- 717et*t_t_ Shari Moore Deputy City Clerk cc: Valuation Engineer- Technology and Management Services File No. 17-2000 Enc. Saint Paul, Minnesota November 21, 2000 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 d conditions of Council File No. 00-1093, adopted by the City Council on November 15, 2000, and approved by the Mayor on November 17, 2000. 4,i,..' • i q6d/n weitAcseo wv Ll.„..1 ._.)„.Jo_ 121,/ r _TAM— . 7 log,...,t7i 1 ,..__, t Z E 00-r? -A '4 b o x � ° o 5 0 0 ro C, V \ �j \1V I ■ V ✓ k\r 13, 1 4"\ . ? V N4 1 a 1' 07 s l ) 1 MM,s i. G �h� y;y 1 Y / ' , I4 1 JIE ..- X° CITIZEN SERVICE OFFICE Fred Owusu,City Clerk SAINT 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 r November 21, 2000 Kathleen Turner Deborah Bednarz and David Lyons 444 Laurel Avenue 866 Mound Street Saint Paul, MN 55102 Saint Paul, MN 55106 Dear Petitioners: Enclosed is a copy of Council File 00-1093 which was adopted by the City Council on November 15,2000. The resolution provides for the vacation of that part of Lot 4,Cyrus Brooks Homestead 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, c-_ -/La-ct: 7yecc-ki Shari Moore Deputy City Clerk cc: Valuation Engineer- Technology and Management Services File No. 17-2000 Enc. Saint Paul, Minnesota November 21, 2000 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. 00-1093, adopted by the City Council on November 15, 2000, and approved by the Mayor on November 17, 2000. SAINT I'AUL tilIN 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: October 13, 2000 Subject: Vacation#17-2000 Alley vacation near 866 Mound Street I have requested a date of November 15, 2000 for a Public Hearing to approve the attached Council Resolution. The purpose of the resolution is to vacate part of the alley near 866 Mound Street to allow for the encroachment of an existing garage onto the area. This vacation will be for the life of the existing structure only. 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 BEFORE OCTOBER 25TH for the Public Hearing to be held on November 15, 2000. Thank you! (17-2000sm) Cra T.M.S./REAL ESTATE DIVISION Date: October 12, 2000 Green Sheet Number: 104764 Contact Person and Phone Number: 2 DEPARTMENT DIRECTOR 4 CITY COUNCIL Louise A Langberg 266-8850 1 CITY ATTORNEY CITY CLERK Must be on Council Agenda by: October 25, 2000 for BUDGET DIRECTOR OFFICE OF FINANCIAL SVCS. Public Hearing on November 15,2000 3 MAYOR(OR ASSISTANT) REAL ESTATE DIVISION TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED: 1. Set Public Hearing date of November 15, 2000 to discuss the vacation of part of the alley near Lot 4, Cyrus Brooks Homestead, to allow for the encroachment of an existing garage over the area in question. 2. Approve said vaction. (File No. 17-2000) 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) 7 DISTRICT PLANNING COUNCIL 4 INITIATING PROBLEM,ISSUE,OPPORTUNITY(Who,What,When,Where,Why?): Kathleen Turner, petitioner,has requested the vacation of a piece of the alley abutting the property at 866 Mound Street to allow for the encroachment of an existing garage over the platted alley area. Vacation is for the life of the existing structure only. ADVANTAGES IF APPROVED: Vacation will allow the alley to stand legally as built. DISADVANTAGES IF APPROVED: None at this time. DISADVANTAGES IF NOT APPROVED: Building would continue to encroach on the alley, creating problems for the property owners. TOTAL AMOUNT OF TRANSACTION: $500.00 COST/REVENUE BUDGETED(CIRCLE ONE) YES NO FUNDING SOURCE: to be paid by petitioner ACTIVITY NUMBER: FINANCIAL INFORMATION:(EXPLAIN) • Return copy to: Council File# Real Estate Division 140 City Hall Green Sheet# 104764 RESOLUTION CITY OF SAINT PAUL, MINNESOTA • Presented By Referred To Committee: Date 1 BE IT RESOLVED, that, upon the petition of Kathleen Turner, as documented in Finance Department 2 File Number 17-2000, public properties hereinafter described are hereby vacated and discontinued as 3 public property: 4 5 The property to be vacated is described as follows: 6 7 Beginning at the southwest corner of Lot 4, Cyrus Brooks Homestead, Ramsey County, 8 Minnesota; thence westerly at right angles to the westerly line of said Lot 4 a distance of 8 feet; 9 thence northerly to a point on the westerly extension of the northerly line of said Lot 4 distant 10 6.48 feet westerly from the northwest corner of said Lot 4; thence easterly to the northwest corner 11 of said Lot 4; thence southerly along the westerly line of said Lot 4 to the point of beginning. 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, 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 subject vacation shall be for the life of the existing structure only. 20 21 3. That a permanent utility easement shall be retained within the vacated area to protect the interest 22 of Northern States Power Company. 23 24 4. That a permanent utility easement shall be retained within the vacated area to protect the interest 25 of Qwest Communications, Inc. (FKA U.S. West Communications, Inc.) 26 27 5. 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 6. 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 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Yeas Nays Absent Benanav Requested by Department of: Blakey Technology&Management Services Bostrom Coleman Harris By: Lantry Directo' Reiter Form Approved by City Attorney Adopted by Council: Date By: Adoption Certified by Council Secretary By: Approved by Mayor for Submission to Council Approved by Mayor: Date By: By: File No. 17-2000 ALLEY VACATION Cyrus Brooks' Homestead Lot 4 4,fi-4i 1° \\ `Ot A / NE c' / \ \ y fytF•Ns° 5t cpoo / / L _ \_/ T `A t \ f s,µ� 'MEN ,v7C / / \ 6.45— /• 1 vv. / 1 / J / apoQ �� ------ `p1 4 O �}A 0 /y JNE \ 1P�0 p0 y 9-A / -----CHEF \ m 1=)' .27 Q 90 / / \ , / / \ 1‹,,)_ C' / , \ q / / t°OpEP �`° Area of Proposed \ 91t� ,``PJ • . ...•NE 5�.��0�M��N Vacation \ �i. 1� a�O°. \ ,co \ ,'I \ \ \ \ < \ \\ \ \ GRAPHIC SCALE \ °•- to o a e A \ (IN ) C ,. 1 inch. 10 ft v \ 1 1 tik • MCLEAN 0 vr 0 6' 0 0� 0 0 NEIGHBORHOOD LOCATION OF LOT 4,0 CYRUS BROOKS' �� � HOMESTEAD 0 Cs # :,:. Q:** •:*' ° , • V Ei_k_IOT 1.<\..4 si NOTICE OF PUBLIC HEARING Notice is hereby given that the petition of Kathleen Turner, for the vacation of that part of Lot 4, Cyrus Brooks Homestead 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 15th day of November, 2000 at 5 :30 P.M. Dated October 18, 2000 Shari Moore Deputy City Clerk (October 23 , 2000) CITIZEN SERVICE OFFICE Fred Owusu,City Clerk P SAINT 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 Web:http://www.stpauLgov MIMI TDD:266-8509 mow_ August 3, 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 Kathleen Turner for the vacation of that portion of Lot 4, Cyrus Brooks Homestead according to the recorded plat thereof on file and of record in the Office of the Saint Paul City Clerk. Sincerely, -- ''4-1/tztu-/* Shari Moore Deputy City Clerk Attachments • - SAINT PAUL r' RECE/VED ARM . JUL mow ��r 31 ilMmIlle Yet El* 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: Lo- L r C (- LA S r 06 k-S 1 )fl r"-e_ 5 c. <;Q 0 ,--0\-t_ e ab S _ 14A use` C w` I(we)request this vacation for the following reason(s). (Indicate whether you will be building on the site.) --t-Kt Tai,5 P-, 0 ey'� S+r A b, 11,4 (.) Gt --c G Ik e was Ps bi sli.e4 t- -f�-r s , ;d,..t't.. . (I� ?0 cm * v o, e ,,,ve.t.) , .1" I(Aw� ��-e�,•a � -�,,� s �►a p�..� e�.►� cl c�� d �� qd d�+;�� i� -t-o c t�.a,..- 3 0, ave attached six copies of the sit plans of any developt'nent intended for construction on the lands to be vacated. \ h15 G,. e h L( d c.ch n-e,1 +')S�-+� I>--e yG..,-, k c k'-l's vi A- Pi`s Contact Person "-G`"' 0`A)l`. S �0''d Pe sons)responsible for payment of vacation fee and for ` .t ..\--V‘‘'s C.34 col a 0 A -t -e -a=; V.t . -t,./ (-1,)LJ--pi- ¶cdceptance of t • • d conditions of the vacation: %,.)r�-.-1 ob u a�d Ina c 1"" �` Ito d ctcc-f.. 'oct I- Name: ROCA4N,■e e, -1-7A/ n e(J Name: r C, 1 t ' Tait,to—, Phone: IQS\• a a 7 - I 0 1 Phone: (.05-1 . • 1L,01 Address: LTL(4 �. A,re l Prt) Address: ` . t_eat/NZO 1)ti3 St . Pak() >Mn ss`az &+- P&r , nih s5--`a- A ' '7 rl i /-Cirr-° / • Alternate Contact Person f�'1 Name: tame: a,)) 41 &,P d n!Ul P 061 'I d Q 15 ■ Phone: Phone: (0sI ' "1 a,) • (61 ' Address: Address: l9 (V /11 Q afr7 d S-4- . c - PciLd ®I /I 5Y1C Name: Phone: Address: Name: Phone: Address: r - Signatures of Owner(s)/Representative(s) of Property(ies) Below: � 6,/ (o lP Ro ,,,,,t 5 4- St p&t ' t ✓� t\ s 5 l DSO(D,cco--; J Li b(-)5 _ i c--1-)W\A----C--9 \V 1 )'11Dinla----' ►M 3,,,s• $ l o d 5 �- S"f -rGM-e , r nr^ �s f o b 1, WcA-41(\ I Lk r (le r ,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. JANICE L.FILER Subscribed and sworn to before me this O?� 4 `20tit Y, Notary Public :v Minnesota ! day o .. /. 2000 "• ~� My Commission Expires Jan.31,2005 Xia'Vlia-1-,--Tal ,A_,2_, iii,.... / ...... o Petitioner No ipAr My commission expires //l/c>?no (<alt><f-10>vg) JUN-28-2000 17 08 TRAFFIC ENG MAPS PERMITS P.02/05 DEPARTMENT Or PUP.I.IC WORKS Thomas J.Eggum.Director/City Engineer CITY OF SAINT PAUL 800 City Hall Annex Norm Coleman,Mayor 25 West Fourth Street 100,1c Saint Paul,Minnesota 55102-1660 P11 f4! Phone:651-266-6150 Fax:651-2984559 June 28,2000 Ms. Deb Bednarz 4020 East 52'Street,#207 Minneapolis, MN 55417 Re: Garage encroaching into alley behind 866 Mound Street Dear Ms. Bednarz: In reviewing the records for the construction of the alley in the block bounded by Mound St.,Bates Ave., Elliot Place, and McLean Ave., it appears the garage at 866 Mound St. encroaches into the alley right-of-way. The northerly half of this alley was dedicated as a 20 foot wide alley with the plat of Thorpe's Subdivision_ The southerly half of the alley was dedicated as a 30 foot wide alley with the plat of Cyrus Brook's Homestead. In 1970 the alley was constructed with a 16 foot wide pavement the entire length of the block. Within the 20 foot alley right-of-way the alley pavement is centered with two feet of right-of-way on either side of the pavement. Behind 866 Mound St. the alley right-of-way widens to 30 feet. The pavement continues at 16 feet in width but is no longer centered in the right-of- way. There appears to be 8'to 10' between the alley pavement and the rear property line of 866 Mound St. According the attached drawing,the corner of thP oar V =pit, r, encroach several feet into the alley with the pavement being several feet beyond that. Because the alley right-of-way is unusually wide behind 866 Mound Si., a' already been constructed along the westerly portion of the right-of-way, the Department of Public Works foresees no problems in releasing a portion of the alley easement to accommodate this encroachment. We would want to retain a 2 foot buffer beyond Llic , l;a,'orrient, the same as the northerly portion of the alley. That should be no problem in this situation_ We would also need a survey signed by a registered land surveyor of the area to be released, showing the rear property line, the garage and steps, along with the alley pavement and the newly proposed property line two feet from the pavement, including a description of the area to be released. Responsive Services • Quality Facilities • Employee Pride JUN-28-2000 17:08 TRAFFIC ENG MAPS PERMITS 612 298 4559 P.03/05 The process to obtain a release of this area is the vacation process. The property owner submits a petition to the City to vacate this portion of the alley,along with a $100.00 Min() fP? After review by the city and utility companies, a public hearing is held before City '` 4..-Ac is a $500.00 administrative fee. This encroachment has existed for many years and has created no problems in this alley. And since this is an unusually wide alley right-of-way, and the City foresees no use for the portion of alleyway covered by the garage,we therefore have no objections to vacating the excess alley o " I ` the filing of a petition and payment of the City's administrative fee. Please be that it takes approximately 60 to 90 days from the date of filing of the petition until passage of a resolution by the City of Saint Paul. Please call St. Paul Real Estate at 651-266-8850 to obtain a packet of information on the vacation process. If you have any further questions, please call me at 651-266-6127. Yours very truly, Linda Murphy Right-of-Way Division Attachment cc: Paul St.Martin Peter White JUL-20-2000 THU 02:38 PM BURNET TITLE FAX NO. 6516953434 P. 02 (rp Supplemental No. 2 SCHEDULE Cpl i I p 1. Effective Date: ,' •:. 4 derwriter: Lawyers Title Insurance Effective Time: 7 :00 A.M. 2. Policy or Policies to be issued: Our No. 00-14994 TI No. 192313r ALTA homeo'wner's Policy Amount: $ 177,000.00 Proposed Insured: Deborah L. Bednarz and David W. Lyons, as joint tenants ALTA Loan Policy Amount: $ 141,600.00 Proposed Insured: Bremer rank, National Association, its successors and/or assigns, as their interests may appear. 3. The estate or interest in the land described or referred to in this Commitment and covered herein Is: Fee simple 4. Title to the fee simple estate or interest in said land is at the effective: date hereof vested in: urett L. Turner4.-A.s -mint tnnarits— /1440., 0715 y 5. The land referred to in this Commitment is described as follows: Lot 4, Cyrus Brooks Homestead, according to the recorded plat thereof on file and of record in the office of the County Recorder, Ramsey County, Minnesota . Abstract Property. Property Address: 866 Mound Street St. Paul, MN 55106 -page 1- JUL-20-2000 THU 02:38 PM BURNET TITLE FAX NO. 6516953434 P. 03 SCHEDULE B - SECTION 1 No. 00-14994 REQUIREMENTS Schedule B of the polities to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. A. We require photo identification from all parties signing any documents in this transaction and affidavits in a form acceptable to the Company indicating no judgments, liens, bankruptcies, etc. THIS SUPPLEMENTAL COMMITMENT NO. 2 SUPERSEDES AND REPLACES ANY PREVIOUS TITLE COMMITMENT, SUPPLEMENTAL TITLE COMMITMENT AND/OR ENDORSEMENT ISSUED BY BURNET TITLE UNDER FILE NO. 00-14994. B. Warranty Deed from Brett L. Turner and Kathleen S. Turner, husband and wife to Deborah L. Bednarz and David W. Lyons. C. Mortgage naming Deborah L. Bednzrz and David W. T,yons and spouses, if any, as Mortgagor(c) and the proposed insured lender as Mortgagee. D. I'a and satisfy of record the following Mortgage: Date, De •embcr 15, 1997 I'i t ., • ril 27, 1998 T -nt No. : 3054249 AA lot $78, 120.00 1..+' Execute,. By: Brett L. Turner and Kathleen S. Turner, husband and wife 1 i `gee: Firstar Home Mortgage Corporation, a Wisconsin Corporation, e- Above Mor ago assigned to Bankers Trust Company as Trustee by Assignment: Y gn��me _t1t of Dated: Vanua y 7, 1998 Filed! April ' 0, 2000 Document No. : 316781. (Continued) -page 2- JUL-20-2000 THU 02:38 PM BURNET TITLE FAX NO. 6516953434 P. 04 BURNET TITLE Our No. TI 00-14994 Rcqu i rement s Continued E. Examination of subject property discloses New Construction. e Company requires the tollowing prior to closing: a. he original sworn construction statement along with original lien waiv:r$. b. Inv-ices for all items to be paid at closing. c. A lis• of unfinished items for which an escrow may be required. Burnet Titl 's New Construction bepartment reserves the right to make further requirements and/or exceptions as appropriate. Please contact the New Construction 'epartment at 844-6200 for specific underwriting requirements. F. For plat drawin,, see exhibit attached. THIS PLAT DRAWING S NOT A SURVEY, IT IS NOT INTENDED FOR USE IN PLACE OF A SURVEY, G. This commitment is provided through our examination of the public records and a prior policy. The Abstract of Title has not been provided to us. If it is not the intent of all parties to close without the benefit of an abstract, please refer to the Purchase Agreement for further instructions. H. The premium charged is based upon a prior policy of title lnsuran I. Real estate taxes payable in 2000 in the amount of $1,837.10, ar half paid. (rinse Tax $1,664.20. ) Tax Identification No. 33 29 22 I. . . NOTE: Real estate taxes for 1999 and prior years a e paid. Tax records indicate the current year's taxes are . on-homestead. a ropresentati.• -. regarding subsequent years xes. J. Thor.. are no levied or pendin• assessments of record as of June 16, 2000. K. For wel -- - - - -it-poses, the property is located in the Southwest 1/4 of the Southwest 1/4 of Section 33, Township 29, Range 22. NOTE: This commitment was prepared by Randy Patterson. If there are any questions concerning this commitment, please call Gabrielle Hruska. Customer Service Coordinator, at 952-886-6784 or e-mail the examiner at rpattersonecbburnet.com. The fax number is 952-844-0223 . .JUL-20-2000 THU 02:39 PM BURNET TITLE FAX NO. 6516953434 P. 05 SCHEDULE S - SECTION 2 No. 00- ,4994 Schedule S of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company (all clauses, if any, which indicate any preference, limitation or discrimination based on race, color, religion or national origin are omiLted from all building and use restrictions, covenants and conditions, if any, shown herein) : A. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records, or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. Note: If an ALTA LOAN POLICY OR ALTA RESIDENTIAL TITLE INSURANCE POLICY is issued and the Company requirements as they pertain to "Gap Coverage' have been complied with, this exception will be eliminated. D. STANDARD EXCEPTIONS: 1. Rights or claims of parties in possession not shown by the public records. 2. Encroachments, overlaps, boundary line disputes, unrecorded easements, or other matters which would be disclosed by an accurate survey and inspection of the premises. NOTE: If an ALTA LOAN POLICY is to be issued, upon receipt of a satisfactory plat drawing and inspection report, this exception will be eliminated or amended in accordance with the facts disclosed, thereby. NOTE: If an ALTA RESIDENTIAL TITLE INSURANCE POLICY is to be issued, upon receipt of a satisfactory plat drawing and inspection report, this exception will be eliminated in accordance with the facts disclosed, thereby and the coverage provided by this policy for matters of survey is described in Item #12, Covered Title Risks of the ALTA RESIDENTIAL TITLE INSURANCE POLICY. 3. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. C. SPECIAL EXCEPTIONS! 1. Real estate taxes for the first half of 2000 and prior years are paid. Real estate taxes for the second half of 2000 and thereafter, which were not due at the time of closing. 2. Special assessments created (either levied or pending) after the date of Closing. There are no levied or pending assessments of record as of the date of closing. -page 3- JUL-20-2000 THU 02:39 PM BURNET TITLE FAX Na 6516953434 P. 06 ****************:r** r**********�********************it******************x****** BILLING DATE: 06/28/00 AIR ACCT NO: 1273-50 ABS COMPANY NO: 1 CASE NO: 00-14994 DEPART, NO: 82 INVOICE NO: 1 TI NO: 192313r AA UNDERWRITER: 4 TRANSACTION TYPE RES COUNTY Ramsey BILL TO: Bremer Bank CUSTOMER CODE: 1715 W. County Rd E2 8998 Roseville, MN 55113 Geralynn 8113602554 PROPERTY ADDRESS: 866 Mound Street St. Paul, MN 55106 LOT: 4 BLOCK: SUBDIVISION: Cyrus Brooks OWNER: Brett L. Turner Kathleen S. Turner BUYER; Deborah L. Eednarz David W. Lyons SALES PRICE; $177, 000 .00 MORTGAGE AMOUNT: $1 41, 600. 00 TYPIST: my MASTER RATE INFO; MASTER MTG ONLY: $ MASTER TITLE EXAM:$ If you wish to purchase an PRIOR' POLICY AMOUNT: $86, 800 .00 s the additional charge will be: $160.55cy based on the above sales price, PEES : Owner' s Premium: Reissue $ 160 .55 3485-82 Mortgage Premium: Reissue 423 . 00 3484-82 Title Examination Fee: Reissue 130. 00 3498-82 Property Inspection Report: 60 .00 3491-82 Name Search: 25.00 3492-82 Assessment Search: 30 .00 3490-82 Title Evidence, 175 . 00 3460-82 Abstracting Pee (abst) Abstracting Pee (tor) Mortgage Closing Fee: 250 .00 3481-82 Endorsement : Reissue Flag Premium: Flag Service Charge: Flag Guarantee Policy INVOICE TOTAL: $ 1, 253 .55 il BRETT L. TURNER 4798 KATHLEEN S. TURNER T-656-098-497-354T-656-461-778-017 -2_ 22 . 00 17-2/910 100 01 444 LAUREL AVE. PH. 651-227-5079 DATE Y� ST. PAUL, MN 55102 p (� n, - n4 .0, PAY TO THE C' i' l)4'�J- ORDER OF / / 1 n �s7 RS Deleils on wok. • nobank. Anyhow,Anywhere Access �V e� 1y L ._. (612)US BANKS ,---' Y A www.us0enk.com p FOR m. 1:09L0000221: L70225L7570311' 4798 0 0 HARLAND W • Form No. 5-M-WARRANTY DEED Minnesota Uniform Conveyance Blanks (6/1/97) . Ipdividual(s)to Joint Tenants No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required , Certificate of Real Estate Value No. (Date) County Auditor by Deputy DEED TAX DUE: $ 584. 10 Date: June 30, 2000 (reserved for recording data) FOR VALUABLE CONSIDERATION, Brett L. Turner and Kathleen S. Turner, husband and wife (marital status) Grantor(s) hereby convey(s) and warrant(s)to Deborah L. Bednarz and David W. Lyons ' Grantees, as joint tenants real property in Ramsey County, Minnesota, described as follows: Lot 4, Cyrus Brooks Homestead, according to the recorded plat thereof on file and of record in the office of the County Recorder, Ramsey County, Minnesota. PID: 33 29 22 33 0028 together with all hereditanpents and appurtenances belonging thereto, subject to the following exceptions: Building and zoning laws, ordinances, state and federal regulations; Restrictions relating to use or improvement of the property without effective forfeiture provisions; Reservation of any mineral rights by the State of Minnesota; Utility and drainage easements which do not interfere with existing improvements. Check box if applicable ❑ The Seller certifies that the seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document. ❑ I am familiar with the property described in this instrument and I ertify that the status and number of wells on the described real property have not changed since the last previou4 ed we clost e certificate. AO ' ett L. Turner (Affix Deed Tax Stamp Here) 7i 0-72,1//,...0.--, Kathleen S. Turner STATE OF MINNESOTA ) ) ss. COUNTY OF Ramsey ) r This instrument was acknowledged before me this 30th June 2000 mw by Brett L. Turner and Kathleen S. Turner, husban. and wife i NOTAC _t' ^• OR RANK) �,��ill `i % KATHY M. STEIN • S GN'TURE of PERS. TAKING ACKNOWLEDGMENT .riL= NOTARY PUBLIC• .NESOTA ❑ T hty Comm.Expires.;an 31.2005 Check here if part or all of the land is Registered(Torrens) THIS INSTRUMENT WAS DRAFTED BY(NAME&ADDRESS) Tax Statements for the real property described in this instrument should be BURNET TITLE sent to(Include name and address of Grantee): 1991 Ford Parkway Deborah L. Bednarz St. Paul, MN 55116 David W. Lyons 00-14994 866 Mound Street 192313r 11006517 St. Paul, MN 55106 C) ‘1,6c,,4/ o / ° o td ,k- l' , rs CO •• ,.< p:1 4.447X. P4 --1 ' i 70b, :\ a 0 (lc :el u u/0 - c., . . IS 0 0 Z 'r ) ‘..., e - c--, -s-o • c'' o,'2;1) 00P ,J r' o (�//� o0 o NO , a2 0 03 IN2 P ,+ f Ai S; �et� �N� ,1? ��Vi [I '0 V vgZ��� \ I Ns I,. Cr \t. 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