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89-112 (2) PINK - FINANCE Council CANARY - DEPARTMENT CITY O F SAINT PAULA-//f BLUE - MAYOR File NO. Return copy to: Council Resolution Valuations -- m 2 8 r j � (27-1987) (RI, , Presented By 1 Referred To Committee: Date Out of Committee By Date RESOLVED, that upon the petition of Gregory Closmore and Elizabeth Closmore and Peter J. Fleming and Carole M. Fleming, per Finance Department File No. 27-1987 , that part of a utility easement in Lots 2 and 6, Block 1 , Edgcumbe Place Addition lying easterly of Edgcumbe Road and southerly of Albion Avenue, hereinafter described, be and the same is hereby vacated and discontinued as public property. The vacated area is described as follows : All that part of the utility easement in Lot 2, Block 1, Edgcumbe Place Addition described as follows : The easterly 30 feet of Lot 2, Block 1 , of said addition except the northerly 30 feet thereof and except the southerly 12 .5 feet - thereof; also All that part of the utility easement as dedicated in Lot 6, Block 1, Edgcumbe Place Addition wich lies southerly and westerly of the following described line: Commencing at the most southerly corner of said Lot 6; thence northerly along the southeasterly line of said Lot 6 , a distance of 56 . 67 feet to the point of beginning of the line to be described; thence to the left on a line concentric with the arc of the 35-foot radius of the cul-de-sac as platted in Edgcumbe Place of said addition to the intersection with a line 12. 5 feet southerly of and parallel to the southerly line of said Edgcumbe Place; COUNCIL MEMBERS Yeas Nays Requested by Department of: Dimond Financ- & Management Services Long In Favor Goswitz Rettman Scheibet Against By ( • - - I - • _ Sonnen Wilson Form Approved ty Attorn')( Adopted by Council: Date CC/�`-�-�(`/jJ Certified Passed by Council Secretary By By Approved by Mayor: Date Approved by Mayor for Submission to Council B s_aga�j' By ID thence westerly along said parallel line to the intersection with the northwesterly line of said Lot 6 and there terminating . This vacation shall be subject to the following conditions : 1 . That the vacation be subject to all the terms and conditions of Chapter 130 , codified March 1 , 1981 , of the Saint Paul Legislative Code, as amended. 2 . That the petitioners , their heirs and assigns , by acceptance of the terms and conditions of this vacation, agree to indemnify, defend and save harmless the City of Saint Paul , its officers and employees from all suits, actions or claims of any character brought as a result of injuries or damages received or sustained by any person, persons , or property on account of this vacation or petitioner ' s use of this property including but not limited to a claim brought because of any act of omission , neglect or misconduct of said petitioner or because of any claims or liability arising from any violation of any law or regulation made in accordance with the law whether by the petitioner or any of its agents or employees. 3. That the petitioners , their heirs and 2 WHITE - CITY CLERK PINK - FINANCE Council BLUE - MAYOR CANARY CITY OF .SAINT PAUL File NO. Valuations Room 218 (27-1987) (RM) Council Resolution RM Presented By Referred To Committee: Date Out of Committee By Date assigns , shall within 60 days of the publication date of this resolution file with the City Clerk an acceptance in writing of the conditions of this resolution and shall within the period (s) specified in the terms and conditions of this resolution comply in all respects with these terms and conditions. • COUNCIL MEMBERS Requested by Department of: Yeas Nays Dimond Finance & Management Services Long In Favor ^� " Goswitz Reitman / Dir for Scheibe) � Against y Sj Sonnen JAN 2 y 189 Form Approv b Attorney Adopted by Council: Date B Certified Passe. Co I cil Secre .ry y By 1 • r� Appr Q-d by Mayor: ()at 2 5 1989 Approved by Mayor for Submiss•on to Council gy.� ► �. � _ '.ri By AL 131, .US B 41989 �' • October 5, 1989 Mr. James A. Stoipestad Attorney at Law Doherty Rumble & Butler 2800 Minnesota World Trade Center 30 E. Seventh Street St. Paul, .MN 55101 Dear Sir: Attached is a copy of Council Resolution 89-112 which vacated a utility easement in Lot 2, Block 1, Edgcumbe Place Addition. Also enclosed is the acceptance of terms and conditions that must be signed by the petitioners before the vacation can be properly filed with the County Recorder's office. If you have any questions, please call. Very truly yours, Albert B. Olson City Clerk ABO:th cc: Valuation Engineer Attachments • • • Northwestern Bell F'ECEIVED //o/tl 4.12/ � `alua i ii ii+ mOfii5 i�IN{S!t 70 West 4th Street Building 7-C Dept. Finance& Management Se St . Paul, Minnesota 55102 December 9, 1987 Mr . Dick McCann Valuation Technician City of St . Paul Department of Finance & Management Serv. 218 City Hall - Valuation Division St . Paul , Minnesota 55102 Dear Mr . McCann: Re: File No. 27-1987 This advises you that Northwestern Bell does not oppose the above referenced ammended vacation petition. Should you have any questions regarding this matter I can be reached on (612) 221-5424 . Sincerely, & Of 0 T. Strom Engineer-Distribution • Liu u 111 gc19-ikt western union 1Z f) December 18, 1987 --:• x711 Ws.,vi Ear m�i� i«&erViCeZ City of Saint Paul Department of Finance and Management Services Valuation Division 218 City Hall Saint Paul, Minnesota 55102 Re: File No. 27-1987 Gentlemen: Please be advised that Western Union maintains no utilities within the above referenced area. Sincerely, j-� Bill Trafton Plant Layout Supervisor For: D.I. Bouquet Manager Outside Plant THE WESTERN UNION TELEGRAPH COMPANY 427 SOUTH LA SALLE STREET, CHICAGO, IL 60605 • l#41 67W-hP RS7 Northern States Power Company Gas Utility 825 Rice Street Saint Paul,Minnesota 55117 March 16, 1988 3/j ilf f Dept. Fnancta & Man,: lownt. -' Mr. Dave Nelson Supervisor of Real Estate Valuation Division 218 City Hall St. Paul, MN 55102 RE: 27-1987 Dear Mr. Nelson: In reviewing the above vacation, our Distribution Department reports that we would have no objection to your proposed easement vacation as per your sketch provided. Sincerely, --',,_.- � `'7 - (7---LA Gtr...._. 'Jack J. Fountain Area Specialist Gas Design Department • • 4000 Northern States Power Company / 7r) Saint Paul Division 6 V 7 825 Rice Street / Saint Paul,Minnesota 55117 4ki4-:414ati rit SerYi%t*, Mr. Dick McCann Valuation Division 218 City Hall St . Paul , MN 55102 Re : A-/GE 4.4 27 /987 Dear Mr. McCann: In reviewing the above vacation, our Distribution Department reports : /(/p 4/6.° C,EG', /4/7O4.v�v Please see that our interests are protected. Yours truly, 60-(41 T.A. Bolles Electric Project Designer St . Paul Division sw Enclosure • Iro District Mirror • r CITY OF SAINT PAUL •' �.'� Date k��V 3 � 1987 I( By DEPARTMENT OF FINANCE AND MANAGEMENT SERVICES VALUATION DIVISION 218 City Hall GEORGE LATIMER � �V Saint Paul, Minnesota 55102 MAYOR Lyy, 612 298-5317 4/61/0. , intnn November 25 , 1987 i ISTPICT ENERGY ST. PAUL, TNC. 76 WEST KELLOGG 9OUL VARC ST. PAUL, MN 55102 ATTN: HERB JAEHNE Re : File No . 27-1987 The City Council has referred to this office for recommendation the petition of Gregory and Elizabeth Closmore and Peter and Carole Fleming for the vacation of part of the utility easements in Lots 2 and 6 , Block 1 , Edgcumbe Place Addition. Reduction in the original platted width of the easement in Lot 6 has been allowed due to variance approval by the City's Board of Zoning Appeals. Part of the 30-foot easement across Lot 2 is no longer required due to the relocation of this easement across Lots 4 and 5 . Will you please advise me of any existing utility easements or of any concerns over the intended future use of this proposed vacation. I would like to receive your comments before December 28 , 1987 , so I can prepare a report to the City Council on this matter . Please refer to our file number when replying . If you have any questions regarding this matter, please call Dick McCann at 298-5317 . November 30, 1987 Yours truly. Dear Mr. Nelson, Dave Nelson District Energy does not have Supervisor of Real Estate equipment in the area to be vacated, and we have no objection DN : RM: ag to the vacation. Attachment cc : Councilman Drew Herb Jaehne Director of Engineering ( Edgcumbe ) • A •c CITY OF SAINT PAUL INTERDEPARTMENTAL MEMORANDUM J /7 / 0 TO: Edward J. Warn Valuation Engineer FROM: Thomas D. Mogren General Manager DATE: December 4, 1987 SUBJECT: File No. 27-1987 Proposed vacation of part of the utility easements in Lots 2 and 6, Block 1 , Edgcumbe Place Addition The Water Utility has no objection to the above referenced vacation. AJC/jml Attachment cc: Tom Eggum Department of Public Works Ak •` CITY OF SAINT PAUL • ; III':: Qy DEPARTMENT OF FINANCE AND MANAGEMENT SERVICES VALUATION DIVISION 218 City Hall GEORGE UTIMER / Saint Paul. Minnesota 55102 L� ? MAYOR 1 / �- - r r ,247167 612 2ge 5 31 7 November 25 , 1987 Old( TOM I E A C N W'{ M ��+•S, gu1. x,, 11 w� wING ECONOMIC r VELOPMFN1 ► 2 4 1 C.ZA )ek LA 11Th FLOC; CITY HALL A!�NFX t Y Iii s, * pi • '111 4C'Iori 6� W' �`e�•' Tr/V-1 tea(.! Re : File No . 27-1987 3-.)541 The City Council has referred to this office for recommendation the petition of Gregory and Elizabeth Closmore and Peter and Carole Fleming for the vacation of part of the utility easements in Lots 2 and 6 , Block 1 , Edgcumbe Place Addition. Reduction in the original platted width of the easement in Lot 6 has been allowed due to variance approval by the City's Board of Zoning Appeals. Part of the 30—foot easement across Lot 2 is no longer required due to the relocation of this easement across Lots 4 and 5 . Will you please advise me of any existing utility easements or of any concerns over the intended future use of this proposed vacation. I would like to receive your comments before December 28, 1987 , so I can prepare a report to the City Council on this matter . Please refer to our file number when replying . If you have any questions regarding this matter, please call Dick McCann at 298-5317 . Yours truly, Dave Nelson Supervisor of Real Estate DN : RM: ag Attachment cc : Councilman Drew (Edgcumbe ) ,' • Continental Cablevision of Saint Paul, Inc. � 1 (t1 ikan December 3 , 1987 Mr. Dave Nelson Supervisor of Real Estate Valuation Division 213 ' .L Hall St . Paul , MN 55102 Re : File #27-1987 Dear Mr. Nelson: Continental Cablevision has no facilities within the area to be vacated under this request and anticipates no intended future use of this proposed vacation. We therefore have no objections to the vacation as shown. Sincerely, Continental Cablevision Richard L. Behr Plant Manager RB/sis Union Depot Place • 214 E. Fourth Street • St. Paul, MN 55101 • Telephone: (612) 224-2697 • RECEIVED CITY OF SAINT PAUL Valuations&Assessments Division INTERDEPARTMENTAL MEMORANDUM Dom.none i Manasnint Services TO: Dave Nelson Supervisor of Real Estate 219 City Hall FROM: Frank Hogrefe Public Works Department 600 City Hall Annex DATE: November 10, 1988 RE: Proposed vacation of part of the utility easements in lots 2 and 6, Block I, Edgecumbe Place Addition A review has been completed for the above proposed vacation. The Department of Public Works has not objections to the vacation of these easements. Yours very truly, Frank J. Hogrefe Office Engineering Bureau FJH/jht Attachments: Maps cc: Bill Williams Tom Kuhfeld Al Shetka • grn-yoN DONERTy 2800 Minta World Trade Center 3750 IDS Tower Magruder Building 1 30 East Seventh Street 80 South Eighth Street 1625 M Street,N.W. RUMBLESaint Paul,Minnesota 55101-4999 Minneapolis,Minnesota 55402-2252 Washington,D.C.20036-3203 & BUTLER Telephone(612)291-9333 Telephone(612)340-5555 Telephone(202)293-0555 Telecopier(612)291-9313 Telex 290-635 Telecopier(202)223-8790 PROFESSIONAL ASSOCIATION Attorneys at Law Writer's direct dial number: 291-9409 Reply to Saint Paul office Frank Clayboume Perry M.Wilson,Jr. Jerome Halloran Henry D.Flasch November 9 1987 Eugene M.Warlich / James K.Wittenberg John J.McGirl,Jr. Thomas E.Rohricht Boyd H.Ratchye Dean R.Edstrom Ralph K.Morris City of Saint Paul Bruce E.Hanson J.Lawrence McIntyre City Hall Richard A.Wilhoit William J.Cosgriff Saint Paul, MN 55102 James A.Stolpestad Stephen E.Smith James J.Ryan Re : Petition to vacate arts of utility easements on Ronald A.Zamansky P Y Kimball J.Devoy Lots 2 and 6, Block 1, Edgcumbe Place Addition C.Robert Beattie David G.Martin Jonathan P.Scoll Dear Sir or Madam: Timothy R.Quinn Alan I.Silver James R.Crassweller JohnA.Yilek We have reviewed the real estate records on file with the Gfregory,A..Kvamn office of the Abstract Clerk of Ramsey County pertaining William L.Sippel to certain properties situated in the City of St. Paul, Gary Hansen Edward F.Fox State of Minnesota, and legally described as follows: Mary E.Probst Elizabeth Hoene Martin Lisa M.Hurwitz Lots 2 and 6 Sue Ann Nelson , Block 1, Edgcumbe Place Addition Brent D.Bostrom Lori Wiese-Parks Helen P.Stan' Based on our review, we have determined the ownership and David P.Swanson Ronald D.McFall liens and encumbrances affecting each parcel to be as Susan C.Weingartner follows: Erin K.Jordahl ' Marc J Manderscheid Dawn L.Gagne t Donald W.Niles Lot Gena M.Setzer Martha Clark Michael R.Docherty Fee Owner : Terrence E. Troy Sara E.Rosenbloom Daniel C.Mott Margaret J.Robi Robichaud, Encumbrances: B.J.Robichaud,Jr. Deborah B.Hilke 'Admitted D.C.Only 1. Mortgage dated March 3, 1987 ; recorded March 10 , 1987 ofco�,rsel as Document No. 2366412 J.C.Foote Irving Clark JohnL.Hannaford Mortgagor : Terrence E. Troy and Daniel W.O'Brien Isabel A. Troy William B.Randall Frank S.Farrell Richard A.Swenson Mortgagee : First National Bank of Saint Paul Carl A.Swenson Richard B.Peterson Jack W.Hanson DOHS TY RUMBLE & BUTLER PROFESSIONAL ASSOCIATION City of Saint Paul November 9 , 1987 Page 2 . 2. Contract for deed dated May 29, 1987 Seller : Terrence E. Troy Purchaser : Gregory L. Closmore and Elizabeth C. Closmore, husband and wife 3. Declaration of Covenants and Restrictions dated February 20 , 1987 ; recorded March 4 , 1987 as Document No. 2365446 4. Drainage and utility easements as shown on recorded plat of Edgcumbe Place Addition Lot 6 Fee Owner : Peter J. Fleming and Carole M. Fleming , husband and wife Encumbrances: 1. Declaration of Covenants and Restrictions dated February 20 , 1987 ; recorded March 4 , 1987 as Document No. 2365446 2. Drainage and utility easements as shown on recorded plat of Edgcumbe Place Addition. DOHERTY, RUMBLE & BUTLER PROFESSIONAL ASSOCIATION By JAS/j11:04 ' 2800 Minnesota World Trade Center 3750 IDS Tower • MagrudezT Buzhi�(g / DOHERTY 30 East Seventh Street 80 South Eighth Street 1625 M Street,N.W. RUMBLESaint Paul,Minnesota 55101-4999 Minneapolis,Minnesota 55402-2252 Washington,D.C.20036-3203 Telephone(612)291-9333 Telephone(612)340-5555 Telephone(202)293-0555 & BUTLER Telecopier(612)291-9313 Telex 290-635 Telecopier(202)223-8790 PROFESSIONAL ASSOCIATION keff Attorneys at Law Writer's direct dial number: 291-9409 Reply to Saint Paul office Frank Clayboume Perry M.Wilson,Jr. Jerome Halloran Henry D.Flasch Eugene M.Warlich James K.Wittenberg John J.McGirl,Jr. Thomas E.Rohricht Boyd H.Ratchye Dean R.Edstrom Ralph K.Morris November 9, 1987 Bruce E.Hanson J.Lawrence McIntyre Richard A.Wilhoit William J.Cosgriff James A.Stolpestad Stephen E.Smith James J.Ryan Ronald A.Zamansky Kimball J.Devoy City Clerk D.Robert Beattie 386 City Hall David G.Martin Jonathan PR.Stoll Saint Paul, MN 55102 Timothy Alan I.Silver James R.Crassweller JohnA.Yilek Re : Vacation of Parts of Utility Easements Jeffrey B.Oberman Lots 2 and 6, Block 1, Edgcumbe Place Addition Gregory A.Kvam William L.Sippel Gary Hansen Edward F.Fox Dear Sir : Mary E.Probst Elizabeth Hoene Martin Lisa M.Hurwitz Enclosed please find petition for the above, certified Sue Ann Nelson Brent D.Bostrom ownership report, and $100 filing fee. Lori Wiese-Parks Helen P.Starr' David P.Swanson Ronald D.McFall Very truly yours , Susan C.Weingarmer Erin K.Jordahl Marc J Manderscheid Dawn L.Gagne Donald W.Niles 1 Gena M.Setzer mes A. S5'.ih1 l est. : PETITION FOR VACATION OF PARTS OF UTILITY EASEMENTS TO: President and Members of Saint Paul City Council The undersigned hereby petition the City of Saint Paul ( the "City" ) for vacation of parts of the utility easements located on Lots 2 and 6, Edgcumbe Place Addition, because such easement areas are no longer necessary and would interfere with the intended use of such Lots. 1. In February of 1987 Terrence E. Troy recorded a plat for Edgcumbe Place Addition ( the "Plat" ) which subdivided the land within the area to be platted into seven residential lots. The Plat also dedicated certain areas on each lot as utility easements. A copy of the Plat is attached hereto as Exhibit A. 2 . At the time of the preparation of the Plat, it was decided to widen the utility easement areas for Lots 2 and 6 , Block 1, Edgcumbe Place Addition, in the areas shown by crosshatching on Exhibits B and C, to accommodate the utility locations contemplated by Mr . Troy ' s consulting engineers in their preliminary utility plans . After the Plat was recorded, however, Mr . Troy' s consulting engineers changed their thinking and prepared final utility plans which made such widened utility easement areas unnecessary. 3. In June or July of 1987 , the purchasers of Lot 6 obtained from the City' s Board of Zoning Appeals a front yard set back variance for Lot 6 to enable them to move their proposed residence to be constructed on such lot closer to Edgcumbe Place and within part of the utility easement on Lot 6 . It was anticipated that the utility easement for Lot 6 would have to be narrowed because of the variance approval and the revised house siting. 4. It is therefore requested that the utility easement located on the following part of Lot 2, Block 1, Edgcumbe Place Addition (as depicted in the crosshatched area of Exhibit A) , be vacated: That part of Lot 2, Block 1, Edgcumbe Place Addition, described as follows: The Easterly 30 feet of Lot 2, Block 1, Edgcumbe Place Addition, except the Northerly 30 feet thereof and except the Southerly 12 . 5 feet thereof. 1. &C- III III 67-01A 5. It is further requested that the utility easement located on the following part of Lot 6, Block 1, Edgcumbe Place Addition (as depicted in the crosshatched area of Exhibit A) , be vacated: That part of Lot 6 , Block 1, Edgcumbe Place Addition, lying Southerly and w sterly of the following described line: C mmencing at a J point on the Easterly line of Lot 6 a distance of-56.67 feet Northerly of the Southeasterly corner of Lot 6; thence on a line concentric to the cul-de-sac adjoining Lot 6 to the intersection of such concentric line with a line 12. 5 feet Southerly of and parallel with the Northerly line of Lot 6; thence Westerly along a line 12 . 5 feet Southerly of and parallel with the Northerly line of Lot 6 to the intersection of such parallel line with the Westerly line of Lot 6 and there terminating. 6. The contact person for this Petition is as follows: James A. Stolpestad Doherty, Rumble & Butler Professional Association 2800 Minnesota World Trade Center Saint Paul, Minnesota 55101 ( 612 ) 291-9333 7 . The only property owners abutting the areas proposed to be vacated are Mr . and Mrs . Gregory Closmore, as to Lot 2, and Mr . and Mrs . Peter J. Fleming, as to Lot 6 . All such abutting "owners have signed this Petition.J - Dated: /V 0 461e / , 1987 ( 2l�l G gory Closmore fil s I , - E- zneth Closmore A c---e-g- i Peter . Fleming Oati.- k, 11,64,144. Carole M. Fleming V 2. III 411 epeq-ka STATE OF MINNESOTA SS. COUNTY OF RAMSEY On this q day of >[O-CJ G , 19,7 before me a notary public within and for said county personally appeared Gregory Closmore and Elizabeth Closmore, husband and wife, and Peter J. Fleming and Carole M. Fleming, husband and wife, who after being duly sworn by me did say that they are the abutting property owners of the utility easement areas to be vacated referred to in the foregoing petition. 0,91 .41g14mou L',41.(1.1 N ary Public NMENOIWN try Comm WINS May II.19 1 JASpet03 3 . • • ' , .rtrAnmAAAMONIAMAI • J rAVIAL, AP. , 470e3M1M—Yjeil1 YAATO. fIVUO3 YjMA 4 A' et laa a.:413 tepla ti4 • . 5--Ati ler---4-- -- . . _ . . _ ______ _ • . eril--//A L..-..-,,:::::../:,,,"--;;T: Tlli"---------' V Or— — i M N„7'F 'o 'e - -�__ coax -- ; ti=" __ _ T _� I 4h - I N V is ARM E. e lf3 ;M t,:iiiiiie,f,- fi+z ^E I I,„o . a _°°.fail--i=? igiPl;?(_; !II: . EaSfa of=ta=�fd3- ! ! 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