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98-115 (3) s;v I N r ST. PAUL CITY COUNCIL AAAA PUBLIC HEARING NOTICE STREET/ALLEY VACATION Shari Moore City Council Ward # 1 City Clerk's Office Planning District # 8 Room 170 City Hall Saint Paul, MN 55102 File No. 25-1999 PURPOSE To discuss the proposed vacation of the easterly portion of the east-west alley in Block 2, Mackubin & Marshall's Addition to Saint Paul, bounded by University Avenue, Aurora Avenue, Arundel Street and Mackubin Street. PETITIONER Kevin Lam HEARING The Council will conduct a public hearing on this vacation on Wednesday, April 5, 2000 in the Council Chambers on the third floor of City Hall. Public Hearings begin at 5:30 P.M. QUESTIONS Call 266-8850 and refer to the file number above. City staff will be available until 4:30 in Room 140 City Hall to answer any last-minute question on this project. MAP (attached) Notices sent March 15, 2000 by: The Real Estate Division Dept. of Technology and Management Services Room 140 City Hall - Court House 15 Kellogg Blvd W __. Saint Paul, Minnesota 55102-1613 MAR 16 2000 Lt NOTICE OF PUBLIC HEARING Notice is hereby given that the petition of Kevin Lam, for the vacation of that part of the east-west alley in Block 2, Mackubin & Marshall ' 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 5th day of April, 2000 at 5 :30 P.M. Dated March 2, 2000 Shari Moore Deputy City Clerk (March 7, 2000) P \l Interdepartmental Memorandum AIM 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: March 1, 2000 Subject: Vacation #25-1999 - Alley vacation near University and Aurora I have requested a date of April 5, 2000 for a Public Hearing to approve the attached Council Resolution. The purpose of the resolution is to vacate part of an alley in Block 2, Mackubin and Marshall's Addition, allowing the petitioners to fence off the access and increase the privacy and security of the properties abutting the alley. 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. 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. Thank you! (251999sm) T.M.S./REAL ESTATE DIVISION Date: February 29, 2000 Green Sheet Number: 100891 Contact Person and Phone Number: 2 DEPARTMENT DIRECTOR 4 CITY COUNCIL MINN Peter White 266-8850 POLITINO 1 CITY ATTORNEY' /il'100 CITY CLERK Must be on Council Agenda by: March 15, 2000 for -" BUDGET DIRECTOR r OFFICE OF FINANCIAL SVCS. Public Hearing on April 5, 2000. 3 MAYOR(OR ASSISTANT) TOTAL#OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED: 1. Set public hearing date of April 5,2000 to discuss the proposed vacation of the easterly part of the alley in Block 2, Mackubin & Marshall's Addition to St.Paul,bounded by University,Aurora,Mackubin and Arundel. 2. Approve said alley vacation. 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 8 INITIATING PROBLEM,ISSUE,OPPORTUNITY(Who,What,When,Where,Why?): The petitioner,Kevin Lam,has requested the vacation of the easterly portion of the alley in Block 2, Mackubin & Marshall's Addition,bounded by University,Aurora, Mackubin and Arundel. He would like to fence off the vacated area to increase the privacy and security at his business. ADVANTAGES IF APPROVED: City would no longer have to maintain the alley. �I ,, .40• DISADVANTAGES IF APPROVED: EKE COUP None at this time. SEr�0RS Mq TTH FARING RSS DISADVANTAGES IF NOT APPROVED: None at this time. 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) Administrative fee for vacation: $500.00 Return copy to: Council File# Real Estate Division(LAL) 140 City Hall Green Sheet# 100891 RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Committee: Date 1 BE IT RESOLVED, that, upon the petition of Kevin Lam, as documented in Finance Department File 2 Number 25-1999, 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 east-west alley in Block 2, Mackubin and Marshall's Addition to Saint Paul, 9 lying easterly of the southerly extension of the east line of Lot 10, said Block 2. 10 11 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the 12 Saint Paul Legislative Code as amended, and to the following conditions: 13 14 1. That the petitioners, their successors and assigns, shall pay$500.00 as an administrative fee for 15 this vacation which is due and payable within 60 days of the effective date of this resolution. 16 17 2. That a permanent utility easement shall be retained on, over, under and across the vacated area 18 from the west line of Arundel Street to 30 feet westerly, on behalf of the City of Saint Paul, 19 Department of Public Works to reserve the right of the City to maintain and operate any lighting 20 facility, in or upon said easement and to enter upon said easement or any portion thereof at any 21 time and from time to time, for the purposes of future construction, reconstruction, inspecting, 22 maintaining or repairing the same or any part thereof. Said utility easement shall be subject to 23 the following conditions: 24 25 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any 26 other objects that will prohibit normal access to utility facilities for maintenance purposes 27 will be permitted within the easement area. 28 29 b. Improvements in or upon the above described easement that do not prohibit the City from 30 exercising its reserved rights may be allowed by obtaining written permission from the 31 Department of Public Works with the understanding that, in the event the City exercises 32 its reserved easement rights, the restoration and costs of such improvements shall be the 33 sole responsibility of the petitioner, its successors and assigns. 34 35 c. No change from the existing grade within the easement area will be permitted without 36 written permission from the Department of Public Works. 37 38 d. No change in surfacing within the easement area will be permitted without written 39 permission from the Department of Public Works. 1 e. The petitioner, its successors and assigns, shall indemnify, defend, and save harmless the 2 City of Saint Paul, its officers, agents, employees, and servants from all suits, actions, or 3 claims which shall arise from any injuries or damages received or sustained by any break 4 in any service pipe or connection in said reserved easement arising out of or resulting from 5 any action or negligence of the petitioner, its employees, agents, or business invitees. 6 7 3. That a permanent utility easement shall be retained within the vacated area to protect the interest 8 of Northern States Power Company. 9 10 4. That a permanent utility easement shall be retained within the vacated area to protect the interest 11 of U.S. West Communication, Inc. 12 13 5. That a permanent utility easement shall be retained within the vacated area to protect the interest 14 of MediaOne, Saint Paul, Inc. 15 16 6. That the petitioners, their successors and assigns agree to indemnify, defend and save harmless the 17 City of Saint Paul, its officers and employees from all suits, actions or claims of any character 18 brought as a result of injuries or damages received or sustained by any person, persons or property 19 on account of this vacation or petitioners' use of this property, including but not limited to, a 20 claim brought because of any act of omission, neglect, or misconduct of said petitioners or 21 because of any claims or liability arising from any violation of any law or regulation made in 22 accordance with the law, whether by the petitioners or any of their agents or employees. 23 24 7. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this 25 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution 26 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in 27 all respects with these terms and conditions. Yeas Nays Absent Benanav Requested by Department of: Blakey Technology& Management Services Bostrom Coleman Harris By: Lantry director Reiter Form Approved by City Attorney Adopted by Council: Date By: L"cv• 1e, 34/0 v Adoption Certified by Council Secretary By: Approved by Mayor for Submission to Council Approved by Mayor: Date By: By: • ' ..... . ... . . .... , ._ . ... ,.. File #25-1999 - - , . ..... Alley in Block 2, Mackubin & Marshall's „ , . I I I , I I I ! -- AREA TO BE VACATED I I I I I I I I SHERBURNE AV E. IC K ' ,.. .. ......, > > X C') C „. ... • 1 -7Z , -- 0 ' . co i. m - ... -- E '..- . . -. . - - . ..' ....... ,.. .... ..,. r- ,• •• . . . . , . . UNIVERSITY AV E . : • • • ; : 1 : , , • .• th A t 1 .1-1 !)•1'4 V` IF 1.4.• 15 12 11 ..10 9 s - G • 5 4 .2_ 1 71 / , . ,. ...... ..' ANt> --, - - tic F 15 19 20 Zt 2.2. 23 24z5 zi. V 29 2-9 36 ..:: .. ..,.- ........ ..- ,-'.... ' •••.. ' .. .. ARS 144,41-LtS 1 A •DITION AURORA AVE. •• ,.. — _ P,C9e. i ■1' L'L' — -.•• , ..—.. ' • ., •: - Ittko, ,o,. Pc I . k 11 AI eg- .PQ it'll‘‘ • 1, --.1,:. . ' 0. ot4 : '. , ..... ..... ,, Piryorno .. . .. 0 : • . • S. . ■ ..‘"Th , . „. ... CENTRAL AVE . ,---• , -------7 1.---7 : : ; : : CITIZEN SERVICE OFFICE Fred Owusu,City Clerk :A A i UL N CITY OF SAINT PAUL 170 City Hall Tel.: 651-266-8989 0*P Norm Coleman,Mayor 15 W Kellogg Boulevard Fax: 651-266-8689 Saint Paul,Minnesota 55102 Web:http://www.stpauLgov AMA TDD:266-8509 Olamiliirilrol December 6, 1999 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 Kevin Lam, for the vacation of that part of the east-west alley in Block 2, Mackubin and Marshall's Addition, according to the recorded plat thereof on file and of record in the Office of the Saint Paul City Clerk. Sincerely, - -"/ Shari Moore Deputy City Clerk Attachments • Signatures of Owner(s)/Representative(s) of Property(ies) Below: ID-36-29-23-31-0027-8 ** DESCRIPTION ** ** OWNER ** PLAT.01737 MACKUBIN AND MARSHALL'S SHENG THAO ADDITION TO ST. PAUL .�=_�� 1457 ENGLEW00D AVE EX AVE ST PAUL MN 55104 LOT 1 BLK 2 ID-36-29-23-31•-0115-4 • ** DESCRIPTION ** ** OWNER ** PLAT.01737 MACKUBIN AND MARSHALL'S CHENG-HENG INC ADDITION TO ST. PAUL r � 448 UNIVERSITY AVE SUBJ TO AVE; LOTS 4,5,6 & ST PAUL MN 55103 EX E 15.5/10 FT LOT ALL IN BLK 2 • ID-36-29-23-31-0033 1 ** OWNER ** CAROLE J & L RONALD SALUTE C/O CROWN AUTO PO BOX. 6030 *' DESCRIPTION ** • PHOENIX AZ 850056030 PLAT.01737 MACKUBIN AND MARSHALL'S ** TAXPAYER ** ADDITION TO ST. PAUL / LE THANH PHAN SUBJ TO AVE; LOTS 7, • j NGA THI NGUYEN 8 & 480 AURORA ST LOT 9 BLK 2 ST PAUL MN 551032217 ID-36-29-23-31-0043-0 ** DESCRIPTION ** ** OWNER ** PLAT.01737 MACKUBIN AND MARSHALL'S PRISCILLA COBB ADDITION TO ST. PAUL e J J /J� DOCK COBB EX W 1:22 FT. LOT 28 & ✓CG �t 449 AURORA AVE ALL OF LOTS 29 & ST PAUL MN 551032218 LOT 30 BLK 2 • • -�- " -DESCRIPTION ** �_ ID-36-29-23-31-0042-7 PLAT.01737 MACKUBIN AND MARSHALL'S �6� ��� ** OWNER ** ADDITION TO ST. PAUL SIA TANG LEE W 1.22 FT OF LOT 28. & ✓ S 7 a van 9 ALL OF LOTS 26 & I/ JA TA 459 AURU1iA AVE , LOT 27 BLK 2 T PAUL MN 55103 ** DESCRIPTION ** ' ID-36-29-23-31-0041-4 PLAT.01737 MACKUBIN AND MARSHALL'S 4-/6/A-11°7 G��1��� ��/ ** OWBEP I PHILLIP + ALMA B PORTER ADDITION TO ST. PAUL THE E 3.43 FT OF LOT 4�7 AURORA AVE 23 & ALL OF LOTS 24 & ST PAUL MINN 551032218 LOT 25 BLK 2 ID-36-29-23-31-0040-1 ** DESCRIPTION ** ** OWNER ** PLAT.01737 MACKUBIN AND MARSHALL'S ADDITION TO ST. PAUL /�S JAMES H PATTERSON III EX W 10.92 OF LOT 22 & '";j RA L PATTERSON EX E 3.43 FT; • ` 41 !� I' - ' \5 AURORA AVENUE W LOT 23 BLK 2 ST PAUL MN 551032218 KEVIN LAM, PRES. I, CHENG—HENG INC. Am the petitioner, or one of the petitioners in the above matter; and I • hereby swear and verify that each of the signatures on this petition was signed in my presence by person described in the petition. • ■ CONNIE STEWART ■ /��w`�\s> .ii NOTARY PUBLIC-MINNESOTA (Petitioner) RAMSEY COUNTY My Comm.Expires Jan.31, ■ Subscribed and sworn to before me this 0 Day of , 199? • • (Vv PETITION TO VACATE CITY INTEREST We, the undersigned, respectfully submit this petition to the Council of the City of St. Paul, to vacate its interest in that portion of a public alley described as follows: "That part of the east-west alley in Block 2, Mackubin and Marshall's Addition, laying easterly of the southerly extension of the east line of lot 10 of said Block 2." The reasons for this petition are as follows: 1. This alley is a blind alley with no exit , also called a dead-end alley. It is not being used by the abutting property owners. There is no trash hauler traffic. 2. That nearly half of this dead-end alley was vacated as per Resolution No. 98-115, dated February 14, 1998, and is fenced off by the owners. 3. That the remaining part of this dead-end alley is constantly being used as a dumping area for trash, glass bottles and cans, broken furniture, bags of garbage. 4. That there is continuous day and night access to the alley by individuals who use the secluded areas to defecate/urinate and other illicit activities. 5. That the Ramsey County Sheriff's Department has recommended the fencing of the entire dead-end alley. 6. If the petition is granted, it is our intent to restrict access by means of a high woven wire fence and gate, with a padlock, for use by authorized individuals and agencies. Attached to this petition are the following Exhibits: Exhibit A - Map of the area. Exhibit B - Undated letter from Mr. Tom Campbell, Deputy with the Ramsey County Sheriff's Department. Exhibit C - Copy of City of St. Paul Resolution No. 98-115. • Exhibit D - Statement attesting authority of signatures. MACKUBIN AND MARSHALL'S ADE Attey ad j. to tots 10-214 BL.c 2 VACATION City of St.Paut Dept of Pubtk Works Mar. 11, 1998 UNIVERSITY AVE. (18 14 �j ] 12 11 10 9 8 7 6 6 - 4 3 2 1 Oh. qucD , . � n �Vi \ {-4 11 1 n A - - z16 17 18 19 20 21 22 23 24 25 -26 27 28 29 30 AURORA VACATION MACKUBIN AND MARSHALL'S ADD. CF # 98-115 Alley ad j. to lots 10-21)B!k.z. 2/14/98 VACATION AD Mapping DR 4 No. 3077 To whom it may concern, 1 am writing this letter on behalf of, Kevin Lam, the owner of, Cheng fleng Inc. at 448 University Avenue. He explained, to me, that he is requesting permission to put a fence behind his business which will give his business more privacy and will be an added bonus of extra security. I believe this is a very good idea and would like to recommend that the city agree to the request. I am a member of the Ramsey County Sheriff's Department, currently assigned to the Minnesota Gang Strike Force, Asian section. I have worked in the Asian community for the past two years and spend a lot of time with the business owners on University Ave. I believe that any traffic that can be deverted from the rear of a business creates a more secure environment for that business. I understand that the alley has already been shut off and this would not impede any traffic. if you have any questions or concerns please feel to contact me at, 917-4836. Qt4CASa . Thomas Campbell Investigator, MGSF Return copy to: Council File# _ ___ Real Estate Division 140 City Hall • Green Sheet# . 'RESOLUTION ' CITY OF SAINT PAUL, MINNESOTA 3% Presented By i Referred To ✓ Committee: Date I BE IT RESOLVED, that, upon the petition of Than Joseph Pham, as documented in Finance 2 Department File Number 22-1997, public properties hereinafter described are hereby vacated and 3 discontinued as public property: and, subject to the herein stated exceptions, the easements within 4 those public properties are hereby released. 5 6 The property to be vacated is described as follows: 7 8 that part of the east-west alley in Block 2. Mackubin and Marshall's Addition lying westerly of 9 the southerly extension of the east line of Lot 10, said Block 2, Mackubin and Marshall's 10 Addition. 11 12 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1. 1981, of 13 the Saint Paul Legislative Code as amended, and to the following conditions: 14 15 1. That the petitioner's, their successors and assigns shall pay$500.00 as an administrative fee 16 for this vacation which is due and payable within 60 days of the effective date of this 17 resolution. 18 19 2. That a permanent utility easement shall be retained within the vacated area to protect the 20 interest of U.S. West Communication. Inc. • 21 22 3. That a permanent utility easement shall he retained within the vacated area to protect the 3'3 interest of Continental Cablevision. Saint Paul. Inc. 24 25 4. That with the accompanying Utility Easement Certificates of Intended Non-Use. filed 26 voluntarily on behalf of Northern States Power Company. District Energy St. Paul. . 27 Incorporated. MCI Metro. the Water Utility. and the Department of Public Works, made a part 28 hereof by this reference and filed in the office of the City Clerk of Saint Paul. the City. for 29 itself and on behalf of these corporations and departments. waive the right to the utility 30 easements in the vacated area described above. 1 5. That the petitioner's their successors, and assigns agree to indemnify,defend and save 2 harmless the City of Saint Paul, its officers, and employees from all suits, actions, or claims of 3 any character brought as a result of injuries or damages received or sustained by any person, • . 4 persons, or property on account of this vacation or petitioner's use of this property, including • 5 but not limited to a claim brought because of any act of omission, neglect, or misconduct of 6 said petitioner or because of any claims or liability arising from any violation of any law or 7 regulation made in accordance with the law, whether by the petitioner or any of their agents or 8 employees 9 10 6. That the petitioner's their successors, and assigns, shall within 60 days of the effective date of 11 this resolution, file with the City Clerk an acceptance in writing of the conditions of this 12 resolution and shall within the period(s) specified in the terms and conditions of this resolution, 13 comply in all respects with these terms and conditions. I Yeas I Nays Absent I Benanav 0 ✓ I Requested by Department of: I Blakey I .✓ I I Technology a: Management Services Bostrom ✓ I II II T� Coleman I • II II ( l ...-flEii/a/fitd_ Harris I ,✓I By: \ Lantry I 6/I Director I Reiter I ✓ f Form Appi ed by City Attorney i I I p I .. Adopted by Council: Date °' , By: . 4✓1 - -Min`'. • —1-f Adoption Certified by Council Secretary By:i ------__4.pproved i•• ' !.'or for Submission to Council Approved by Iv ayore...Date ;t-/('I/�t:( -- , .- . 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