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275850 (2) WHITE - CITY CLERK PINK - FINANCE Council 275850 CANARY - DEPARTMENT CITY OF SAINT PAUL iscuE v. MAYOR File N O. • Council Resolution Presented By Referred To Committee: Date Out of Committee By Date -6- said petitioner; or because of any claim or liability arising from or based on any violation of any law or regulation made in accordance with the law, whether by the petitioner or any of its agents or employees. COUNCILMEN Yeas Nays Requested by Department of: Hunt 7 Levine In Favor Maddox McMahon B Showalter __ Against By Tedesco on OCT 2 3 1980 Form Ap roved by Cit Attorney A.•pted by Coun Date — ✓ Certifies •'assed by ouncil $ecretar By ,� r /0-2./-80 Approves Mayor: Date ��—� Approved by Mayor for Submission to Council o By ' By — P SHED N 0 V 1 1980 September 20, 1983 Mr. Ed Starr City Attorney Room 647 City Hall Attention: Mr. Phil Byrne Dear Sir: Reference is made to C.F. 275550 granting the petition of San Francisco Real Estate Investors for the vacation of four designated easement areas in the skyway system within the American National Bank Building. Our file indicates that the bond was returned to the petitioners on January 4, 1982 and I have no record that this condition has been completed. Please advise. Very truly yours, Albert B. Olson City Clerk ABO:drm cc: Valuation Engineer Attach. :..,,, CITY OF SAINT PAUL At' art 1.0 OFFICE OF THE CITY ATTORNEY £ Mi 1111111 EDWARD P. STARR, CITY ATTORNEY 1,,,. 647 City Hall, Saint Paul, Minnesota 55102 ""' 612-298-5121 GEORGE LATIMER MAYOR October 3 , 1983 To : Al Olson From: Phil Byrne, Re : Bond - C .F. 275850 Bill Donovan' s letter of July 26 suggests the bond was in effect and cancelled. Your recent letter indicates the bond was submitted for filing, found to be wanting in one respect , sent back to the petitioner and never thereafter returned. If the latter is true , I would suppose that you could not execute a Certificate of Completion, and this will remain a very minor cloud on the title until it is taken care of . cc : Dave Nelson Valuations • , C1--) cttl ..„7" 11: • • P..... • `.‘ June--t6, 1983 Mr. Jim Miller American National Barite 419 Robert Street St. Paul, MN 55101 Re: $2,000 Bond for the Skyway Vacation in the American h tional Bank during 19&0 by San Francisco Real Estate Invcrtorc Dear Mr. Miller: I have attached a copy of the bond cancellation notice for the referenced project. Since a vacation bond is required by the Council Resolution G.F. 275850 and the City ordinance and states no time limitations, I *could appreciate that you contact San Francisco Real Estate Investors and secure a new or reinstate the existing bond. Thank you for your anticipated cooperation. Sincerely, J. W. Donovan Valuation and Assessment Engineer JWD:DN:ag Attach. cc: San Francisco Real Estate Investors CITY OF SAINT PAUL c' C�TT �►V�4 4 ,,,, OFFICE OF THE CITY CLERK ' iii� ; i L iiil ALBERT B. OLSON, CITY CLERK 386 City Hall,Saint Paul, Minnesota 55102 612-298-4231 GEORGE RIMER MAYOR �/RECEIVED SEP2 '! 1982 CITY ATTORNEY September 20, 1983 Mr. Ed Starr City Attorney Room 647 City Hall Attention: Mr. Phil Byrne Dear Sir: Reference is made to C.F. 275850 granting the petition of San Francisco Real Estate Investors for the vacation of four designated easement areas in the skyway system within the American National Bank Building. Our file indicates that the bond was returned to the petitioners on January 4, 1982 and I have no record that this condition has been completed. Please advise. ry truly yours, G-C2S22 - Albert B. Olson City Clerk ABO:drm cc: Valuation Engineer Attach. .55 WHITE - CITY CLERK ..r,. PINK - FINANCE Council y CANARY 0 DEPARTMENT CITY OF SAINT PAUL File N O. City Attny, •BB Coun • esolution Presented By /Or b(-e. Referred To Committee: Date Out of Committee By Date RESOLVED, that upon the petition of San Francisco Real Estate Investors for the vacation of four designated easement areas in the skyway system within the American National Bank Building, such areas as hereinafter described and subject to the terms and conditions of this Resolution, are hereby vacated and discontinued as public property: 1. That the legal description of the four vacated areas in the American National Bank Building Skyway System read as follows: EXHIBIT "C" All that part of Lot 14, Block 11, City of St. Paul, (St. Paul Proper) lying within the following described lines: Commencing at the Southwesterly corner of said Block 11, thence S 89° 30 ' 40" E (assumed bearing) 2 . 0 feet along the Southerly line of said Block 11, thence N 0° 05 ' 05" W 46.17 feet along the Easterly line of Minnesota Street as widened 2 .0 feet; thence S 89° 50 ' E 40 . 65 feet; thence N 0° 19 ' E 50. 87 feet; thence S 89° 41 ' E 1. 6 feet; thence N 0° 19 ' E 60 .4 feet; thence S 89° 41 ' E 4 .33 feet; thence N 45° 54 ' E 25.26 feet; thence S 89° 30 ' 40" E 59 . 96 feet along the Northerly boundary line of the Transamerica Building; thence S 44°33 ' E 62 . 56 feet; thence S 89° 41 ' E 32 .79 feet; thence S 0° 30 ' W 11. 6 feet; thence S 89° COUNCILMEN Requestgd by Department of: Yeas Nays Hunt Levine In Favor Maddox McMahon Showalter __ Against By Tedesco Wilson Form Ap. oved by ;t A •rney Adopted by Council: Date 4 Certified Passed by Council Secretary By 10 t�-80 By Approved by Mayor: Date _ Approved by Mayor for Submission to Council By By for '5 85O -2- 41" E 16 . 78 feet across the escalator plate; Thence S 0° 19 ' W 7 . 53 feet; thence S 89° 41 ' E 1. 0 feet; thence S 0° 19 ' W 12 . 0 feet; thence N 89° 41 ' W 2 . 61 feet to the point of beginning of the easement herein described; thence S 0° 19 ' W 4 .35 feet; thence N 89° 41 ' W 14. 83 feet; thence N 0° 19 ' E 4 .35 feet; thence S 89° 41 ' E 14 . 83 feet to the point of beginning. The said easement is limited in height from the surface of the walkway at elevation 83 . 6 feet upward to the second floor ceiling at elevation 93 . 6 feet. All elevations are City Datum. Contains 65 square feet more-or-less . EXHIBIT "D" All that part of Lots 3 and 14 , Block 11, City of St. Paul , (St. Paul Proper) lying within the following described lines : Commencing at the Southwesterly corner of said Block 11, thence S 89° 30 ' 40" E (assumed bearing) 2.0 feet along the Southerly line of said Block 11, thence N 0° 05 ' 05" W 46 .17 feet along the Easterly line of Minnesota Street as widened 2 . 0 feet; thence S 89° 50 ' E 40 . 65 feet; thence N 0° 19 ' E 50 . 87 feet; thence S 89° 41 ' E 1. 6 feet; thence N 0° 19 ' E 60 . 4 feet; thence S 89° 41 ' E 4 .33 feet; thence N 45° 54 ' E 25. 26 feet; thence S 89° 30 ' 40" E 59 .96 feet along the Northerly boundary line of the Transamerica Building; thence S 44° 33 ' E 62 . 56 feet; thence S 89° 41 ' E 32 . 79 feet; thence N 0° 30 ' E 15. 53 feet to the point of beginning of the easement herein described; thence S 89° 48 ' E 16 . 53 feet; thence N 0° 30 ' E 6 .01 feet; thence N 90° 48 ' W 21.11 feet; thence S 0° 30 ' W 6.01 feet; thence S 89° 48 ' E 4 . 58 feet to the point of beginning. The said easement is limited in height from the surface of the walkway at elevation 83 .6 feet upward to the second floor ceiling at elevation 93. 6 feet. All elevations are City Datum. Contains 127 square feet more-or-less. fP{Z4,t -3- EXHIBIT "E" All that part of Lots 9 and 10 , Block 11, City of St. Paul, (St. Paul Proper) lying within the following described lines : Commencing at the Southwesterly corner of said Block 11, thence S 89° 30 ' 40" E (assumed bearing) 2 . 0 feet along the Southerly line of said Block 11; thence N 0° 05 ' 05" W 46. 17 feet along the Easterly line of Minnesota Street as widened 2 . 0 feet; thence S 89° 50 ' E 40. 65 feet; thence N 0° 19 ' E 50 . 87 feet; thence N 89° 41 ' W 8. 55 feet across the escalator base plate at the second floor level to the point of beginning of the easement herein described, thence S 0° 19 ' W 4 .8 feet; thence N 89° 41 ' W 12 . 75 feet; thence N 0° 19 ' E 2 . 25 feet; thence N 89° 41 ' W 2 .0 feet; thence N 0° 19 ' E 34 . 6 feet; thence S 89° 41 ' E 2. 0 feet; thence N 0° 19 ' E 0. 5 feet; thence S 89° 41 ' E 6. 80 feet; thence S 44° 41 ' E 6 . 15 feet; thence S 0° 19 ' W 28. 2 feet; thence S 89° 41 ' E 1. 6 feet to the point of beginning; subject to access for repair and maintenance of escalator handrails, housing, and key access. The said easement is limited in height from the surface of the walkway at elevation 83 . 6 feet upward to second floor ceiling at elevation 93 . 6 feet except the East 8.15 feet of the North 30 . 85 feet thereof, which ceiling is at elevation 95. 6 feet. All elevations are City Datum. Contains 484 square feet more-or-less. "KIOSK" All that part of Lot 14 , Block 11, City of St. Paul (St. Paul Proper) lying within the following described lines : Commencing at the Southwesterly corner of said Block 11, thence S 89° 30 ' 40" E (assumed bearing) 2. 0 feet along the Southerly line of said Block 11; thence N 0° 05 ' 05" W 46.17 feet along the Easterly line of Minnesota Street as widened 2 . 0 feet; thence S 89° 50 ' E 40 . 65 feet; thence N 0° 19 ' E 50 . 87 feet; thence S 89° 41" E 1. 6 feet; thence N 0° 19 ' E 60 . 4 feet; thence S 89° 41 ' E 4 .33 feet; thence N 45° 54 ' E 25.26 feet; thence S 89° 30 ' 40" E 59 . 96 feet along the Northerly ms Wu* ' -4- boundary line of the Transamerica Building; thence S 44° 33 ' E 62 .56 feet; thence S 89° 41 ' E 32 .79 feet; thence S 0° 30 ' W 11. 6 feet; thence S 89° 41 ' E 16 .78 feet across the escalator plate; thence S 0° 19 ' W 7 . 53 feet; thence S 89° 41 ' E 1.0 feet; thence S 0° 19 ' W 12. 0 feet; thence N 89° 41 ' W 2 . 61 feet; thence S 0° 19 ' W 4 .35 feet; thence N 89° 41 ' W 37 . 72 feet; thence N 0° 17 ' E 11. 8 feet to the point of beginning of the easement herein described; thence continuing N 0° 17 ' E 10 . 0 feet; thence S 89° 41 ' E 10 . 0 feet; thence S 0° 17 ' W 10 . 0 feet; thence N 89° 41 ' W 10 .0 feet to the point of beginning. The said easement is limited in height from the surface of the walkway at elevation 83. 6 feet upward to the second floor ceiling at elevation 95. 6 feet. All elevations are City Datum. Contains 100 square feet more-or- less. 2 . That the vacation be subject to all the terms and conditions of Chapter 228 of the St. Paul Legislative Code, as amended. 3 . That the petitioner (s) provide a minimum, continuous 12 .0 foot concourse width from the top of the Minnesota Street escalators throughout the second floor (skyway) level adjacent to the area noted as Exhibit "E" . 4 . That the petitioner (s) , their assigns or successors in interest agree to be responsible for all costs and expenses in the obliteration of those portions of skyway concourse hereunder to be vacated to include all construction, remodeling, removal, alteration and modifications , including all mechanical and electrical revisions necessary to remove the appearance of the public concourse areas from the skyway system, all to to accomplished to the satisfaction of the Department of Planning and Economic Development. 5. That the American National Bank Building shall continue to the extent now obligated to provide necessary and adequate electrical, mechanical and lighting service to each of the skyway bridges noted below that might be affected by this vacation and are presently receiving service from that building: a) The skyway bridge over Minnesota Street between East Fifth and Sixth Streets . b) The skyway bridge over East Fifth Street between Minnesota and Robert Streets . 46 /4`Z// -5- 6. That the petitioner (s) execute a new easement agreement within buildings owned by the petitioner (s) which grants a continuous public easement over their second floor level from the end of the new bridge over Robert Street to the existing concourse at or near the Robert Street escalators. 7 . That the petitioner (s) , their assigns or successors in interest, by acceptance of the terms and conditions of this vacation, agrees to fully indemnify, defend and save harmless the City of Saint Paul and the Housing and Redevelopment Authority of St,. Paul, their officers, agents , employees and servants from all suits , actions or claims which shall arise from any injuries or damages received or sustained by persons , employees, tenants, lessors or third parties arising out of or resulting from any action or negligence on the part of the petitioner (s) , their assigns , successors in interest, employees , agents or business invitees in the removal and subsequent construction/remodeling of the public concourse areas herein proposed to be vacated. 8. That this vacation shall not be final or shall the City Clerk issue a certificate of completion until the petitioner and the City shall have executed a mutual agreement on the vacation areas. 9 . That the petitioner pay to the City the sum of $500 . 00 as compensation for the administrative costs of the vacation proceedings . 10. That the petitioner furnish the City, as required by Section 228 . 05 (b) of the St. Paul Legislative Code, as amended, with a bond in the amount of $2 , 000. 00, and indemnifies , defends and saves harmless the City of Saint Paul, its officers and employees from all suits, actions, or claims of any character, including, but not limited to, a claim brought because of any injuries , or damages received or sustained by any person, persons or property, on account of this vacation; or because of any act or omission, neglect or misconduct of A5/342A+ 4..", 0,• CITY OF SAINT PAUL 1: 's OFFICE OF THE CITY ATTORNEY F inn EDWARD P. STAR R, CITY ATTORNEY L' �r 647 City Hall,Saint Paul, Minnesota 55102 612-29 8-5121 GEORGE LATIMER MAYOR • January 4 , 1982 Mr. James R. Miller Blomquist Miller Real Estate Incorporated 1810 American National Bank Building Fifth and Minnesota Streets St. Paul, MN 55101 Re: Vacation Bond for Council File C .F. 275850 Dear Mr. Miller: The bond submitted to the City Clerk in your letter dated December 28, 1981, contained the following paragraph which should be deleted: "In the event of cancellation on the part of the surety, notice shall be given by registered mail to the CITY OF SAINT PAUL, STATE OF MINNESOTA,, and to the principal at least thirty (30) days prior to such termination date, including Sundays and legal holidays. " Other than this needed deletion the bond is acceptable and after the above paragraph is so deleted, will be approved by me immedi- ately upon my receipt of same. Very truly yours, WALTER A. BOWSER Assistant City Attorney WAB: rl Enc . 2 cc: Albert Olson Philip Byrne '',fl, -�.. rR p cn }.,, '1 w a, ate. rs� � WHITE - CITY CLERK •�/y� PINK - FINANCE PAUL Council M1J • 585o CANARY • DEPARTMENT CITY OF F SAINT _ A y --' File N O. C1 fit' A Counu' esolution Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, that upon the petition of San Francisco Real Estate Investors for the vacation of four designated easement areas in the skyway system within the American National Bank Building, such areas as hereinafter described and subject to the terms and conditions of this Resolution, are hereby vacated and discontinued as public property: 1. That the legal description of the four vacated areas in the American National Bank Building Skyway System read as follows: EXHIBIT "C" All that part of Lot 14, Block 11, City of St. Paul, (St. Paul Proper) lying within the following described lines: Commencing at the Southwesterly corner of said Block 11, thence S 89° 30 ' 40" E (assumed bearing) 2.0 feet along the Southerly line of said Block 11, thence N 0° 05 ' 05" W 46.17 feet along the Easterly line of Minnesota Street as widened 2 .0 feet; thence S 89° 50 ' E 40 . 65 feet; thence N 0° 19 ' E 50. 87 feet; thence S 89° 41 ' E 1. 6 feet; thence N 0° 19 ' E 60 .4 feet; thence S 89° 41 ' E 4 .33 feet; thence N 45° 54 ' E 25 .26 feet; thence S 89° 30 ' 40" E 59 . 96 feet along the Northerly boundary line of the Transamerica Building; thence S 44°33 ' E 62 . 56 feet; thence S 89° 41 ' E 32 .79 feet; thence S 0° 30 ' W 11. 6 feet; thence S 89° COUNCILMEN Yeas Nays Requested by Department of: Hunt Levine In Favor Maddox McMahon B Showalter Against y Tedesco Wilson Form Ap oved by C•t A rney Adopted by Council: Date Certified Passed by Council Secretary By /0—i/-8o By Approved by Mayor: Date _ Approved by Mayor for Submission to Council By - — By -2- I 41" E 16.78 feet across the escalator plate; Thence S 0° 19 ' W 7 . 53 feet; thence S 89° 41 ' E 1.0 feet; thence S 0° 19 ' W 12 . 0 feet; thence N 89° 41 ' W 2 . 61 feet to the point of beginning of the easement herein described; thence S 0° 19 ' W 4 . 35 feet; thence N 89° 41 ' W 14 . 83 feet; thence N 0° 19 ' E 4 .35 feet; thence S 89° 41 ' E 14 . 83 feet to the point of beginning. The said easement is limited in height from the surface of the walkway at elevation 83 . 6 feet upward to the second floor ceiling at elevation 93 . 6 feet. All elevations are City Datum. Contains 65 square feet more-or-less . EXHIBIT "D" All that part of Lots 3 and 14 , Block 11, City of St. Paul, (St. Paul Proper) lying within the following described lines : Commencing at the Southwesterly corner of said Block 11, thence S 89° 30 ' 40" E (assumed bearing) 2 . 0 feet along the Southerly line of said Block 11, thence N 0° 05 ' 05" W 46 . 17 feet along the Easterly line of Minnesota Street as widened 2 . 0 feet; thence S 89° 50 ' E 40 . 65 feet; thence N 0° 19 ' E 50 . 87 feet; thence S 89° 41 ' E 1. 6 feet; thence N 0° 19 ' E 60 . 4 feet; thence S 89° 41 ' E 4 .33 feet; thence N 45° 54 ' E 25. 26 feet; thence S 89° 30 ' 40" E 59 .96 feet along the Northerly boundary line of the Transamerica Building; thence S 44° 33 ' E 62 . 56 feet; thence S 89° 41 ' E 32 .79 feet; thence N 0° 30 ' E 15 . 53 feet to the point of beginning of the easement herein described; thence S 89° 48 ' E 16 . 53 feet; thence N 0° 30 ' E 6 .01 feet; thence N 90° 48 ' W 21.11 feet; thence S 0° 30 ' W 6 .01 feet; thence S 89° 48 ' E 4 . 58 feet to the point of beginning. The said easement is limited in height from the surface of the walkway at elevation 83 . 6 feet upward to the second floor ceiling at elevation 93. 6 feet. All elevations are City Datum. Contains 127 square feet more-or-less. ir,/7// 4✓j -3- EXHIBIT "E" All that part of Lots 9 and 10 , Block 11, City of St. Paul, (St. Paul Proper) lying within the following described lines : Commencing at the Southwesterly corner of said Block 11 , thence S 89° 30 ' 40" E (assumed bearing) 2 . 0 feet along the Southerly line of said Block 11; thence N 0° 05 ' 05" W 46 . 17 feet along the Easterly line of Minnesota Street as widened 2 .0 feet; thence S 89° 50 ' E 40 . 65 feet; thence N 0° 19 ' E 50 . 87 feet; thence N 89° 41 ' W 8 . 55 feet across the escalator base plate at the second floor level to the point of beginning of the easement herein described, thence S 0° 19 ' W 4 .8 feet; thence N 89° 41 ' W 12 . 75 feet; thence N 0° 19 ' E 2 . 25 feet; thence N 89° 41 ' W 2 .0 feet; thence N 0° 19 ' E 34 . 6 feet; thence S 89° 41 ' E 2. 0 feet; thence N 0° 19 ' E 0 . 5 feet; thence S 89° 41 ' E 6. 80 feet; thence S 44° 41 ' E 6 . 15 feet; thence S 0° 19 ' W 28 . 2 feet; thence S 89° 41 ' E 1. 6 feet to the point of beginning; subject to access for repair and maintenance of escalator handrails, housing, and key access . The said easement is limited in height from the surface of the walkway at elevation 83 . 6 feet upward to second floor ceiling at elevation 93 . 6 feet except the East 8 .15 feet of the North 30 . 85 feet thereof, which ceiling is at elevation 95. 6 feet. All elevations are City Datum. Contains 484 square feet more-or-less . "KIOSK" All that part of Lot 14 , Block 11, City of St. Paul (St. Paul Proper) lying within the following described lines : Commencing at the Southwesterly corner of said Block 11, thence S 89° 30 ' 40" E (assumed bearing) 2. 0 feet along the Southerly • line of said Block 11; thence N 0° 05 ' 05" W 46. 17 feet along the Easterly line of Minnesota Street as widened 2 . 0 feet; thence S 89° 50 ' E 40 . 65 feet; thence N 0° 19 ' E 50 . 87 feet; thence S 89° 41" E 1. 6 feet; thence N 0° 19 ' E 60 . 4 feet; thence S 89° 41 ' E 4 .33 feet; thence N 45° 54 ' E 25.26 feet; thence S 89° 30 ' 40" E 59 . 96 feet along the Northerly /kQ WV* -4- boundary line of the Transamerica Building; thence S 44° 33 ' E 62 .56 feet; thence S 89° 41 ' E 32 .79 feet; thence S 0° 30 ' W 11. 6 feet; thence S 89° 41 ' E 16.78 feet across the escalator plate; thence S 0° 19 ' W 7 . 53 feet; thence S 89° 41 ' E 1. 0 feet; thence S 0° 19 ' W 12. 0 feet; thence N 89° 41 ' W 2 . 61 feet; thence S 0° 19 ' W 4 .35 feet; thence N 89° 41 ' W 37 .72 feet; thence N 0° 17 ' E 11. 8 feet to the point of beginning of the easement herein described; thence continuing N 0° 17 ' E 10.0 feet; thence S 89° 41 ' E 10 .0 feet; thence S 0° 17 ' W 10 . 0 feet; thence N 89° 41 ' W 10.0 feet to the point of beginning. The said easement is limited in height from the surface of the walkway at elevation 83. 6 feet upward to the second floor ceiling at elevation 95. 6 feet. All elevations are City Datum. Contains 100 square feet more-or- less. 2 . That the vacation be subject to all the terms and conditions of Chapter 228 of the St. Paul Legislative Code, as amended. 3. That the petitioner (s) provide a minimum, continuous 12 .0 foot concourse width from the top of the Minnesota Street escalators throughout the second floor (skyway) level adjacent to the area noted as Exhibit "E" . 4 . That the petitioner (s) , their assigns or successors in interest agree to be responsible for all costs and expenses in the obliteration of those portions of skyway concourse hereunder to be vacated to include all construction, remodeling, removal, alteration and modifications , including all mechanical and electrical revisions necessary to remove the appearance of the public concourse areas from the skyway system, all to to accomplished to the satisfaction of the Department of Planning and Economic Development. 5. That the American National Bank Building shall continue to the extent now obligated to provide necessary and adequate electrical, mechanical and lighting service to each of the skyway bridges noted below that might be affected by this vacation and are presently receiving service from that building: a) The skyway bridge over Minnesota Street between East Fifth and Sixth Streets . b) The skyway bridge over East Fifth Street between Minnesota and Robert Streets . /1/3 do/i�/tti 7 >> rca r a u -5- 6. That the petitioner (s) execute a new easement agreement within buildings owned by the petitioner (s) which grants a continuous public easement over their second floor level from the end of the new bridge over Robert Street to the existing concourse at or near the Robert Street escalators . 7 . That the petitioner (s) , their assigns or successors in interest, by acceptance of the terms and conditions of this vacation, agrees to fully indemnify, defend and save harmless the City of Saint Paul and the Housing and Redevelopment Authority of St. Paul, their officers, agents , employees and servants from all suits , actions or claims which shall arise from any injuries or damages received or sustained by persons, employees , tenants , lessors or third parties arising out of or resulting from any action or negligence on the part of the petitioner (s) , their assigns , successors in interest, employees , agents or business invitees in the removal and subsequent construction/remodeling of the public concourse areas herein proposed to be vacated. 8 . That this vacation shall not be final or shall the City Clerk issue a certificate of completion until the petitioner and the City shall have executed a mutual agreement on the vacation areas . 9 . That the petitioner pay to the City the sum of $500 . 00 as compensation for the administrative costs of the vacation proceedings. 10. That the petitioner furnish the City, as required by Section 228 . 05 (b) of the St. Paul Legislative Code, as amended, with a bond in the amount of $2, 000 . 00, and indemnifies , defends and saves harmless the City of Saint Paul, its officers and employees from all suits , actions , or claims of any character, including, but not limited to, a claim brought because of any injuries , or damages received or sustained by any person, persons or property, on account of this vacation; or because of any act or omission, neglect or misconduct of 1�13i3 di/ • JERK rj75I (� .LANCE L� PAUL fl�i U • MAYOR MENT CITY O i' SAINT Council cil N O. ` 5 Council Resolution Presented By Referred To Committee: Date Out of Committee By Date —6— said petitioner; or because of any claim or liability arising from or based on any violation of any law or regulation made in accordance with the law, whether by the petitioner or any of its agents or employees . COUNCILMEN Requestgd by Department of: Yeas Nays Hunt 7 Levine In Favor Maddox McMahon B Showalter Against By Tedesco •n OCT 2 3 1980 Form Ap roved by Cit Attorney A..pted by Coun Date ////. Certifies assed by ouncil Secretor By ]G� grAA. — -80 Approve• May. Date � �1 Approved by Mayor for Submission to Council i 112 P la By - —�►•- I By PUBLISHED NOV 1 1980 CITY OF SAINT PAUL OFFICE OF THE CITY ATTORNEY 4 s fltY ♦ •ir 4 .y•. ° 111 4 4% I"' 0 EDWARD P. STARR, CITY ATTORNEY 647 City Hall, Saint Paul, Minnesota 55102 612-298-5121 GEORGE LATIMER MAYOR October 26 , 1981 Mr. Albert B. Olson City Clerk Room 386 City Hall St. Paul, Minnesota 55102 Dear Mr. Olson: I am enclosing the check of Blomquist Miller Real Estate, Inc . , on behalf of the San Francisco Real Estate Investors in satis- faction of Condition No. 9 in that vacation resolution for areas within the American National Bank Building (C.F. 275850) . I am informed by Mr. Miller that the bond will be forthcoming in a short time, and when I have that, I will forward it to you. When the last step is done, their compliance with the conditions of the vacation resolution should be complete . Very truly yours , PHILIP . BYRN Assistant City Attorney Enc . r.. -4 --i Cif J Cn p . -ry M E v 4 ► n m D M �m O 13 i m 0 NI \ ZOm cn o v Z m G ` 4 Di O w �c 0 `Y' _ JC to s m D ` ~ " II o t ►, 0o O M M -n _ m 2 n v 0 m cn n n Lk 7) o cr < _D D z , m U) n Ci7 D 00 C <n z 11j g pob l' n y' A c r� `- < r W m C a 0 0 3J i m H 3 < h Om o CIO l- —O C.)—I 0 i M D o C)0 r D 00 -i o31 m� m > rf m m m m m m o D i s 0 0 m O O 1 C z CD C.1, jj } '� Cm m 7 0 c v I WHITE - • CITY CLERK 2�.5�}5a ■ PINK - FINANCE /``.T o CANARY DEPARTMENT CITY OF SAINT PAUL Council + •A ,Ana�-a+n+ � ,+ File N O. ,� Coun esolution Presented By / ■ • Referred To Committee: Date Out of Committee By Date RESOLVED, that upon the petition of San Francisco Real Estate Investors for the vacation of four designated easement areas in the skyway system within the American National Bank Building, such areas as hereinafter described and subject to the terms and conditions of this Resolution, are hereby vacated and discontinued as public property: 1. That the legal description of the four vacated areas in the American National Bank Building Skyway System read as follows: EXHIBIT "C" All that part of Lot 14, Block 11, City of St. Paul, (St. Paul Proper) lying within the following described lines: Commencing at the Southwesterly corner of said Block 11, thence S 89° 30 ' 40" E (assumed bearing) 2 .0 feet along the Southerly line of said Block 11, thence N 0° 05 ' 05" W 46.17 feet along the Easterly line of Minnesota Street as widened 2 .0 feet; thence S 89° 50 ' E 40 . 65 feet; thence N 0° 19 ' E 50.87 feet; thence S 89° 41 ' E 1. 6 feet; thence N 0° 19 ' E 60 .4 feet; thence S 89° 41' E 4 .33 feet; thence N 45° 54 ' E 25 .26 feet; thence S 89° 30 ' 40" E 59 .96 feet along the Northerly boundary line of the Transamerica Building; thence S 44°33 ' E 62. 56 feet; thence S 89° 41 ' E 32 .79 feet; thence S 0° 30 ' W 11. 6 feet; thence S 89° COUNCILMEN Requested by Department of: Yeas Nays Hunt Levine In Favor Maddox McMahon Showalter Against BY Tedesco Wilson Form Ap oved by Citt. A rney Adopted by Council: Date / • J Certified Passed by Council Secretary By •[]� 'O t/ -80 By Approved by Mayor: Date _ Approved by Mayor for Submission to Council By — By !t. a -2- 41" E 16 .78 feet across the escalator plate; Thence S 0° 19 ' W 7 . 53 feet; thence S 89° 41 ' E 1.0 feet; thence S 0° 19 ' W 12 . 0 feet; thence N 89° 41 ' W 2 . 61 feet to the point of beginning of the easement herein described; thence S 0° 19 ' W 4 .35 feet; thence N 89° 41 ' W 14 . 83 feet; thence N 0° 19 ' E 4 .35 feet; thence S 89° 41 ' E 14 . 83 feet to the point of beginning. The said easement is limited in height from the surface of the walkway at elevation 83 . 6 feet upward to the second floor ceiling at elevation 93 . 6 feet. All elevations are City Datum. Contains 65 square feet more-or-less . EXHIBIT "D" All that part of Lots 3 and 14 , Block 11, City of St. Paul, (St. Paul Proper) lying within the following described lines : Commencing at the Southwesterly corner of said Block 11, thence S 89° 30 ' 40" E (assumed bearing) 2 . 0 feet along the Southerly line of said Block 11, thence N 0° 05 ' 05" W 46 .17 feet along the Easterly line of Minnesota Street as widened 2 .0 feet; thence S 89° 50 ' E 40 . 65 feet; thence N 0° 19 ' E 50 .87 feet; thence S 89° 41 ' E 1. 6 feet; thence N 0° 19 ' E 60 . 4 feet; thence S 89° 41 ' E 4 .33 feet; thence N 45° 54 ' E 25.26 feet; thence S 89° 30 ' 40" E 59 .96 feet along the Northerly boundary line of the Transamerica Building; thence S 44° 33 ' E 62 . 56 feet; thence S 89° 41 ' E 32 .79 feet; thence N 0° 30 ' E 15. 53 feet to the point of beginning of the easement herein described; thence S 89° 48 ' E 16 . 53 feet; thence N 0° 30 ' E 6 .01 feet; thence N 90° 48 ' W 21. 11 feet; thence S 0° 30 ' W 6.01 feet; thence S 89° 48 ' E 4 . 58 feet to the point of beginning. The said easement is limited in height from the surface of the walkway at elevation 83 . 6 feet upward to the second floor ceiling at elevation 93 . 6 feet. All elevations are City Datum. Contains 127 square feet more-or-less. ,n/7//o, 2 7 ,.. : O -3- EXHIBIT "E" All that part of Lots 9 and 10 , Block 11, City of St. Paul, (St. Paul Proper) lying within the following described lines: Commencing at the Southwesterly corner of said Block 11 , thence S 89° 30 ' 40" E (assumed bearing) 2 .0 feet along the Southerly line of said Block 11; thence N 0° 05 ' 05" W 46 . 17 feet along the Easterly line of Minnesota Street as widened 2 . 0 feet; thence S 89° 50 ' E 40 . 65 feet; thence N 0° 19 ' E 50 . 87 feet; thence N 89° 41 ' W 8. 55 feet across the escalator base plate at the second floor level to the point of beginning of the easement herein described, thence S 0° 19 ' W 4 .8 feet; thence N 89° 41 ' W 12 . 75 feet; thence N 0° 19 ' E 2 . 25 feet; thence N 89° 41 ' W 2 .0 feet; thence N 0° 19 ' E 34 . 6 feet; thence S 89° 41 ' E 2 . 0 feet; thence N 0° 19 ' E 0 . 5 feet; thence S 89° 41 ' E 6. 80 feet; thence S 44° 41 ' E 6 . 15 feet; thence S 0° 19 ' W 28 . 2 feet; thence S 89° 41 ' E 1. 6 feet to the point of beginning; subject to access for repair and maintenance of escalator handrails, housing, and key access . The said easement is limited in height from the surface of the walkway at elevation 83 . 6 feet upward to second floor ceiling at elevation 93 . 6 feet except the East 8 .15 feet of the North 30 . 85 feet thereof, which ceiling is at elevation 95. 6 feet. All elevations are City Datum. Contains 484 square feet more-or-less. "KIOSK" All that part of Lot 14, Block 11, City of St. Paul (St. Paul Proper) lying within the following described lines : Commencing at the Southwesterly corner of said Block 11, thence S 89° 30 ' 40" E (assumed bearing) 2. 0 feet along the Southerly • line of said Block 11; thence N 0° 05 ' 05" W 46. 17 feet along the Easterly line of Minnesota Street as widened 2 . 0 feet; thence S 89° 50 ' E 40 . 65 feet; thence N 0° 19 ' E 50 . 87 feet; thence S 89° 41" E 1. 6 feet; thence N 0° 19 ' E 60 . 4 feet; thence S 89° 41 ' E 4 .33 feet; thence N 45° 54 ' E 25 . 26 feet; thence S 89° 30 ' 40" E 59 . 96 feet along the Northerly /88 /044) -4- boundary line of the Transamerica Building; thence S 44° 33 ' E 62 .56 feet; thence S 89° 41 ' E 32 .79 feet; thence S 0° 30 ' W 11. 6 feet; thence S 89° 41 ' E 16.78 feet across the escalator plate; thence S 0° 19 ' W 7 . 53 feet; thence S 89° 41 ' E 1. 0 feet; thence S 0° 19 ' W 12 . 0 feet; thence N 89° 41 ' W 2 . 61 feet; thence S 0° 19 ' W 4 .35 feet; thence N 89° 41 ' W 37 . 72 feet; thence N 0° 17 ' E 11 . 8 feet to the point of beginning of the easement herein described; thence continuing N 0° 17 ' E 10.0 feet; thence S 89° 41 ' E 10 .0 feet; thence S 0° 17 ' W 10 . 0 feet; thence N 89° 41 ' W 10 .0 feet to the point of beginning. The said easement is limited in height from the surface of the walkway at elevation 83. 6 feet upward to the second floor ceiling at elevation 95. 6 feet. All elevations are City Datum. Contains 100 square feet more-or- less. 2 . That the vacation be subject to all the terms and conditions of Chapter 228 of the St. Paul Legislative Code, as amended. 3 . That the petitioner (s) provide a minimum, continuous 12 .0 foot concourse width from the top of the Minnesota Street escalators throughout the second floor (skyway) level adjacent to the area noted as Exhibit "E" . 4 . That the petitioner (s) , their assigns or successors in interest agree to be responsible for all costs and expenses in the obliteration of those portions of skyway concourse hereunder to be vacated to include all construction, remodeling, removal, alteration and modifications , including all mechanical and electrical revisions necessary to remove the appearance of the public concourse areas from the skyway system, all to to accomplished to the satisfaction of the Department of Planning and Economic Development. 5 . That the American National Bank Building shall continue to the extent now obligated to provide necessary and adequate electrical, mechanical and lighting service to each of the skyway bridges noted below that might be affected by this vacation and are presently receiving service from that building: a) The skyway bridge over Minnesota Street between East Fifth and Sixth Streets. b) The skyway bridge over East Fifth Street between Minnesota and Robert Streets . f;&3 6o/z,/v p 2 !3 -5- 6. That the petitioner (s) execute a new easement agreement within buildings owned by the petitioner (s) which grants a continuous public easement over their second floor level from the end of the new bridge over Robert Street to the existing concourse at or near the Robert Street escalators . 7 . That the petitioner (s) , their assigns or successors in interest, by acceptance of the terms and conditions of this vacation, agrees to fully indemnify, defend and save harmless the City of Saint Paul and the Housing and Redevelopment Authority of St. Paul, their officers, agents , employees and servants from all suits , actions or claims which shall arise from any injuries or damages received or sustained by persons , employees, tenants , lessors or third parties arising out of or resulting from any action or negligence on the part of the petitioner (s) , their assigns , successors in interest, employees, agents or business invitees in the removal and subsequent construction/remodeling of the public concourse areas herein proposed to be vacated. 8 . That this vacation shall not be final or shall the City Clerk issue a certificate of completion until the petitioner and the City shall have executed a mutual agreement on the vacation areas . 9 . That the petitioner pay to the City the sum of $500 . 00 as compensation for the administrative costs of the vacation proceedings . 10 . That the petitioner furnish the City, as required by Section 228 . 05 (b) of the St . Paul Legislative Code, as amended, with a bond in the amount of $2, 000. 00, and indemnifies , defends and saves harmless the City of Saint Paul , its officers and employees from all suits , actions , or claims of any character, including, but not limited to, a claim brought because of any injuries , or damages received or sustained by any person, persons or property, on account of this vacation; or because of any act or omission, neglect or misconduct of AOAt dra, • .ANCERK Council l�.iI T� T 275890 .,EPARTMENT C I TY OF SA I NT 1'A V L MAYOR File N O. Council Resolution Presented By Referred To Committee: Date Out of Committee By Date -6- said petitioner; or because of any claim or liability arising from or based on any violation of any law or regulation made in accordance with the law, whether by the petitioner or any of its agents or employees . COUNCILMEN Yeas Nays Requestgd by Department of: Hunt Levine In Favor Maddox McMahon B Showalter Against By Tedesco en OCT 2 3 1980 Form Ap roved by Cit Attorney A..pted by Coun Date ///• Certifies assed by ouncil Secretar By p - -Z/-8v 1/ a 41 Approve• 41ay.r: Date � _ Approved by Mayor for Submission to Council • B BY - l -�- - - / — Y PUBLISHED NOV 1 1980 °��T�",: CITY OF SAINT PAUL '•R en 'IA FILED OFFICE OF THE CITY ATTORNEY Jo �o 5; Mill ti I'1j1„ e6• 111 j 9 03 {4 0l EDWARD P. STARR, CITY ATTORNEY 647 City Hall, Saint Paul, Minnesota 55102 GEORGE LATIMER CM( CLETU 'S OFHCE 612-298-5121 MAYOR t :`..i. . I4I4k. October 9, 1981 Mr. Albert B. Olson City Clerk Room 386 City Hall St. Paul, Minnesota 55102 Dear Mr. Olson: I am looking into the compliance of the San Francisco Real Estate Investors with the terms and conditions of the vacation resolution for areas within the American National Bank Building (C.F. 275850) . I am writing to ask the attorney for the petitioner about their compliance with Conditions 9 and 10 . However, a new easement agreement regarding the easement and the vacated areas has been executed by all parties, and will satisfy Conditions 6 and 8 . When I have had a response from the petitioner or his attorney, I will advise you. Very truly yours, PHILIP . BYRN Assistant City Attorney September 28, 1981 Mr. Phil Byrne Assistant City Attorney Room 64+7, City Hall Dear Sir: Reference is made to C.F. 275850 which granted a petition of San Francisco Real Estate Investors for the vacation of four designated easement areas in the skyway system within American National Bank Bldg. Condition 46 relating to a new easement agreement, #8 concerning a mutual agreement on the vacated areas, Condition #? pertaining to compensation and Condition #10 involving a bond have not been completed to the best of my knowledge and I would appreciate if you would investigate this item because you have been involved in the preparation of some of the agieements involved. Very truly yours, Albert B. Olson City Clerk ABO:la cc: Valuation Engineer Attach. "� TY`oFS, CITY OF SAINT PAUL 0 4 OFFICE OF THE CITY ATTORNEY s EDWARD P. STARR, CITY ATTORNEY .,, 647 City Hall, Saint Paul, Minnesota 55102 612-298-5121 GEORGE LATIMER MAYOR November 13 , 1980 To: Rose Mix, City Clerk From: Philip B. Byrne, Assista 'r� ity Attorney Re: Council File No. 275850 The Council File No. 275850 is a vacation resolution for certain areas within the American National Bank Building. There are a number of conditions attached to that resolution, some of which deal to the execution of a supplementary agree- ment. I have been involved in the negotiations and preparation of that supplementary agreement, and would ask that you or your office advise me before any Certificate of Completion is issued for this vacation. There are one or two matters which I will want to check before that Certificate is issued. Thank you very much for your assistance on this . • November 5, 1980 San Francisco Real Estate Investors c/o St. Paul Property Administration Suite 1810 American National Bank Building St. Paul, Minnesota 55101 Gentlemen: We enclose a copy of Council File No. 275850, published Nov. 1, 1909, which providds for ,the vacation of four areas in the American National Bank Building Skyway System (as more fully described therdin) . The ordinance pertaining to vacations requires that the compensation specified in the resolution must be paid, and a surety band in the amount specified must be filed within thirty (30) days after publication of the resolution. We also enclose an acceptance of the terms of the resolution which must also be signed and filed here within said time. Very truly yours, • • Rose Aix City Clerk Attach. cc: Valuation Engineer sch ink f,TO E�C`�[I SAINT PAUL I PROPERTY ADMINISTRATION, INC. November 21, 1980 Ms. Rose Mix Off ice of City Clerk Room 386 City Hall and Court House Saint Paul, Minnesota 55102 Dear Ms. Mix: Enclosed please find an executed agreement regarding the vacation of certain skyway easements within the American National Bank Building. Vey t■ ul, yours, 1 'I es J R. Miller 1810 American National Bank Building Fifth and Minnesota Streets Saint Paul, Minnesota 55101 Phone(612) 222-2561 Saint Paul, Minnesota Date it-2-‘9- 0 To the Honorable, the City Council Saint Paul, Minnesota Ladies & Gentlemen: We, the undersigned petitioners, hereby accept and agree to comply with the terms and conditions of Council File No. 275850, adopted by the Council on October 23, 1980. San Francisco Real Estate Investors I' ?wpw.ff, AT-tj--- St. Paul Property Administration, Inc. ■ it-14--14111/ji • CITY OF ST. PAUL DEPARTMENT OF FINANCE AND MANAGEMENT SERVICES ASSESSMENT DIVISION 218 CITY HALL ST.PAUL,MINNESOTA 55102 September 12, 1980 File X 2638 San Francisco Real Estate Investors c/o St. Paul Property Administration Suite 1810 American National Bank Building St. Paul, Minnesota 55101 Gentlemen: The Council of the City of St . Paul will hold a public hearing in the Council Chambers of the City Hall and Court House (third floor) at 10:00 A.M. on October 7, 1980 to consider the petition of the San Francisco Real Estate Investors for the vacation of four (4) areas within the skyway system that is within the American National Bank Building. The areas requested to be vacated are shown on the attached plan, and are de- .. scribed as: 1. An area of approximately less than 100 square feet located immediately adjacent to the Deppe Travel Service off the main concourse on the second level of the skyway pedestrian ease- ment. (Exhibit C) 2. An area of approximately 100 square feet on the second floor level in the public easement area immediately adjacent to the Chair Barbershop. (Exhibit D) 3. An area of approximately 315 square feet located on the second floor level of the present skyway easement area just south of the east end of the skyway bridge crossing Minnesota Street, within the American National Bank Building. (Exhibit E) 4. An area of approximately 100 to 300 square feet located on the second level of the skyway pedestrian concourse in the center of the American National Bank Building, northerly of the elevators and westerly from the top of the escalators . (Kiosk on plan) If we can be of further assistance in this matter please contact the Valuation Bureau, Room 218 City Hall or telephone 298-5317. J. WILLIAM DONOVAN VALUATION & ASSESSMENT ENGINEER • September 11, 1980 M-. Paul Desch Department of Finance Room 218, City Hall Re: Petition of San Francisco Real Estate investors to vacate certain areas located in the Skyway concourse, the American National Bank Bld. , -th & Minnesota Streets, Dear Sir: A public hea°in:r date for October 7th, 1980 in the above-referenced was established by the City Council at its September 11th, 1980 meeting. Please send the customary notices to property owners as required by 1au, Very truly yours, Rose Mix City Clerk MHS:la • • NOTICE OF HEARING FOR VACATION Vacation of skyway bridge&new pedestrian concourse areas Notice is hereby given that the van■ petition of the San Francisco Real FAtatg,In- vestors has been ordered filed in the office of the City Clerk of the City of St. Paul,Min- nesota,by the Council.The petition is for the vacation of skyway bridge and pedestrian con- course areas as follows: (1) An area of approximately 100 square feet on the second floor level in the public easement area immediately adjacent to The Chair Barbershop. (2)An area of approximately 315 square feet located on the second floor level of the present skyway easement area just south of the east end of the skyway bridge crossing Minnesota Street, within the American National Bank Building. (3)An area of approximately less than 100 square feet located immediately adja- cent to the Deppe Travel Service off the main concourse on the second level of the skyway pedestrian easement. (4)An area of approximately 100 to 300 square feet located on the second level of the skyway pedestrian concourse in the center of the American National Bank Building,northerly of the elevators and westerly from the top of the escalators. The petition will be heard and considered by the Council at a meeting thereof to be held in the Council Chamber in the City Hall and Court House on the 7th day of October,1980 at ten o'clock A.M. Dated at St.Paul,Minnesota,this I1th day of September,1980. hen, ROSE MIX,City Clerk of the City of St.Paul,Minnesota (September 13,1980) CITY OF SAINT PAUL /��/ DEPARTMENT OF C I ' 1 c J Z(< RECEIPT N. 3160 p 1 , . , I 1 - 1- P 0, t. it — ,1 $ / 00 �_. RECEIVED • �� � � , � . goo FOR I�' i S 1 6( z=. ,tt 91eN5t,' t �� ..ate ' �f i P `otliw-22 BY CL-1) CITY OF SAINT PAUL INTERDEPARTMENTAL MEMORANDUM To: Ron Maddox, Council President and Members of the City Council From: J. William Donovan Valuation and Assessment Engineer Date: September 12, 1980 Subject: Petition of American National Bank, et al, for the vacation of certain areas in public skyway. I recommend a public hearing before the City Council be held on October 7, 1980 to discuss this matter. JWD:WPJ:dm C=t Cr L.:- • (\-4 :74 :p CI_ CI-. I- L. ,7:/"J EIMEH CITY OF SAINT PAUL INTERDEPARTMENTAL MEMORANDUM To: Ron Maddox, Council President and Members of the City Council From: J. William Donovan Valuation and Assessment Engineer Date: September 11, 1980 Subject : Petition of San Francisco Real Estate Investors for the vacation of four areas within the pedestrian con- course system of the American National Bank Bldg. I have no objections to Mr. Brynets proposal to set October 7th as the City Council hearing date. l � . JWD:EW:dm �� • October 7, 1980 Mr. Ed Starr City Attorney Room 647, City Hall 4 Dear Sir: The City Council requests that you prepare a resolution granting the petition of San Francisco Real Estate Investors for the vacation of four areas within the Skyway System that is within the American National Bank Building, subject to the terms and conditions rec- ommended by the Valuation Engineer. Very truly yours, Pose Mix City Clerk Attach. ABO:la LJ CITY OF SAINT PAUL INTERDEPARTMENTAL MEMORANDUM To: Ron Maddox, Council President and Members of the City Council From: J. William Donovan Valuation and Assessment Engineer Date: October 2, 1980 Subject: Petition of San Francisco Real Estate Investors for the vacation of four designated easement areas within the Skyway System of the American National Bank Building. Public Hearing - October 7, 1980 The petitioner who is the owner of all the abutting property requests the City Council to vacate four areas of public skyway located within the American National Bank Building. The basis for this vacation petition is an agreement reached between the Department of Planning and Economic Development and the petitioner in which the petitioner has agreed to dedicate approximately 966 square feet to the City to enable the connection of a new skyway bridge over Robert Street. The total area of the four vacations proposed is 776 square feet for a net gain of 190 square feet. The petitioner proposes to use the four areas for retail, information and/or security purposes. The petitioner states that the proposed vacations will have no adverse affect on pedestrian traffic flow and that all remaining areas of the public skyway system will conform to the standards of size, accessibility, safety, appearance, comfort and public convenience which characterize the skyway system as it presently exists. The areas sought to be vacated in the petition are as follows: 1. An area of approximately 127 squareet on the second floor level in the public easement area immediately adjacent to The Chair Barbershop. 2. An area of approximately 484 square feet located on the second floor level of the present skyway easement area just south of the east end of the skyway bridge crossing Minnesota Street, within the American National Bank Building. 3. An area of approximately 65 square feet located immediately adjacent to the Deppe Travel Service off the main concourse on the second level of the skyway pedestrian easement. -2- 4. An area of 100 square feet located on the second level of the skyway pedestrian concourse in the center of the American National Bank Building, northerly of the elevators and westerly from the top of the escalators. The Department of Public Works has reviewed the proposed vacation areas and finds no objection to the proposal. The staff of the Department of Planning and Economic Development states that as a condition of this vacation, a skyway easement agreement between the City and the petitioner on the subject area must be executed by the petitioner, Housing and Redevelopment Authority, and the proper City officials. The Department of Planning and Economic Development also would like the following conditions included in the vacation resolution: 1. The petitioner(s) provide a minimum, continuous 12.0 feet concourse width from the top of the Minnesota Street escalators throughout the second floor (skyway) level adjacent to the area noted on Exhibit "E". 2. That the petitioner(s), their assigns or successors in interest agree to be responsible for all costs and expense in the obliteration of those portions of skyway concourse hereunder to be vacated to include all construction, re- modeling, removal, alteration and modifications, including all mechanical and electrical revisions necessary to remove the appearance of the public concourse areas from the skyway system, all to be accomplished to the satisfaction of the Department of Planning and Economic Development. 3. That the American National Bank Building shall continue to the extent now obligated to provide electrical, mechanical and lighting service to each of the skyway bridges noted below that might be affected by this vacation and are presently receiving service from that building: a) The skyway bridge over Minnesota Street between East Fifth and Sixth Streets. b) The skyway bridge over East Fifth Street between Minnesota and Robert Streets. 4-. That the petitioner(s) execute a new easement agreement within buildings owned by the petitioner(s) which grants a continuous public easement over their second floor level from the end of the new bridge over Robert Street to the existing concourse at or near the Robert Street escalators. 5. That the petitioner(s), their assigns or successors in interest, by acceptance of the terms and conditions of this vacation agrees to fully indemnify, defend and save harmless the City of Saint Paul and the Housing and Redevelopment Authority of St. Paul, their officers, agents, employees and servants from all suits, actions or claims which shall arise from any injuries or damages received or sustained by persons, employees, tenants, lessors -3- or third parties arising out of or resulting from any action or negligence on the part of the petitioner(s), their assigns, successors in interest, employees, agents or business invitees in the removal and subsequent construction/remodeling of the public concourse areas herein proposed to be vacated. The Planning Department recommended that the use of the kiosk space be re- stricted to information and security purposes. A retail use in this space could cause congestion in the surrounding pedestrian lanes. The Project Manager, Mr. Robert Hall, disagrees with this recommendation, and at his request we have not recommended this be a condition of the vacation. There were no objections or recommendations from any other public or private agencies involved. In view of the foregoing, I recommend that the vacation be approved, subject to the following terms and conditions : 1. That the legal description of the four vacated areas in the American National Bank Building Skyway System read as follows: EXHIBIT "C" All that part of Lot 14, Block 11, City of St. Paul, (St. Paul Proper) lying within the following described lines: Commencing at the Southwesterly corner of said Block 11, thence S 89° 30' 40" E (assumed bearing) 2.0 feet along the Southerly line of said Block 11, thence N 0° 05' 05" W 46.17 feet along the Easterly line of Minnesota Street as widened 2.0 feet; thence S 89° 50' E 40.65 feet; thence N 0° 19' E 50.87 feet; thence S 89° 41' E 1.6 feet; thence N 0° 19' E 60.4 feet; thence S 89° 41' E 4.33 feet; thence N 45° 54' E 25.26 feet; thence S 89° 30' 40" E 59.96 feet along the Northerly boundary line of the Transamerica Building; thence S 44° 33' E 62.56 feet; thence S 89° 41' E 32.79 feet; thence S 0° 30' W 11.6 feet; thence S 89° 41' E 16.78 feet across the escalator plate: Thence S 0° 19' W 7.53 feet; thence S 89° 41' E 1.0 feet; thence S 0° 19' W 12.0 feet; thence N 89° 41' W 2.61 feet to the point of beginning of the easement herein described; thence S 0° 19' W 4.35 feet; thence N 89° 41' W 14.83 feet; thence N 0° 19' E 4.35 feet; thence S 89° 41' E 14.83 feet to the point of beginning. -4- The said easement is limited in height from the surface of the walkway at elevation 83.6 feet upward to the second floor ceiling at elevation 93.6 feet. All elevations are City Datum. Contains 65 square feet more-or-less. EXHIBIT "D" All that part of Lots 3 and 14, Block 11, City of St. Paul, (St. Paul Proper) lying within the following described lines: Commencing at the Southwesterly corner of said Block 11, thence S 89° 30' 40" E (assumed bearing) 2.0 feet along the Southerly line of said Block 11, thence N 0° 05' 05" W 46.17 feet along the Easterly line of Minnesota Street as widened 2.0 feet; thence S 89° 50' E 40.65 feet; thence N 0° 19' E 50.87 feet; thence S 89° 41' E 1.6 feet; thence N 0° 19' E 60.4 feet; thence S 89° 41' E 4.33 feet; thence N 45° 54' E 25.26 feet; thence S 89° 30' 40" E 59.96 feet along the Northerly boundary line of the Transamerica Building; thence S Wi ° 33' E 62.56 feet; thence S 89° 41' E 32.79 feet; thence N 0° 30' E 15.53 feet to the point of beginning of the easement herein described; thence S 89° 48' E 16.53 feet; thence N 0° 30' E 6.01 feet; thence N 90° 48' W 21.11 feet; thence S 0° 30' W 6.01 feet; thence S 89° 48' E 4.58 feet to the point of beginning. The said easement is limited in height from the surface of the walkway at elevation 83.6 feet upward to the second floor ceiling at elevation 93.6 feet. All elevations are City Datum. Contains 127 square feet more-or-less. EXHIBIT "E" All that part of Lots 9 and 10, Block 11, City of St. Paul, (St. Paul Proper) lying within the following de- scribed lines: Commencing at the Southwesterly corner of said Block 11, thence S 89° 30' 40" E (assumed bearing) 2.0 feet along the Southerly line of said Block 11; thence N 0° 05' 05" W 46.17 feet along the Easterly line of Minnesota Street as widened 2.0 feet; thence S 89° 50' E 40.65 feet; thence N 0° 19' E 50.87 feet; thence N 89° 41' W 8.55 feet across the escalator base plate at the second floor level to the point of beginning of the -5- easement herein described, thence S 00 19' w 4.8 feet; thence N 89° 41' W 12.75 feet; thence N 0° 19' E 2.25 feet; thence N 89° 41' W 2.0 feet; thence N 0° 19' E 34.6 feet; thence S 89° 41' E 2.0 feet; thence N 0° 19' E 0.5 feet; thence S 89° 41' E 6.80 feet; thence S 44° 41' E 6.15 feet; thence S 0° 19' w 28.2 feet; thence S 89° 41' E 1.6 feet to the point of beginning; subject to access for repair and maintenance of escalator hand- rails, housing, and key access. The said easement is limited in height from the surface of the walkway at elevation 83.6 feet upward to second floor ceiling at elevation 93.6 feet except the East 8.15 feet of the North 30.85 feet thereof, which ceiling is at elevation 95.6 feet. All elevations are City Datum. Contains 484 square feet more-or-less. "KIOSK" All that part of Lot 14, Block 11, City of St. Paul (St. Paul Proper) lying within the following described lines: Commencing at the Southwesterly corner of said Block 11, thence S 89° 30' 40" E (assumed bearing) 2.0 feet along the Southerly line of said Block 11; thence N 0° 05' 05" W 46.17 feet along the Easterly line of Minnesota Street as widened 2.Ofeet; thence S 89° 50' E 40.65 feet; thence N 0° 19' E 50.87 feet; thence S 89° 41' E 1.6 feet; thence N 0° 19' E 60.4 feet; thence S 89° 41' E 4.33 feet; thence N 45° 54' E 25.26 feet; thence S 89° 30' 40" E 59.96 feet along the Northerly boundary line of the Transamerica Building; thence S 44° 33' E 62.56 feet; thence S 89° 41' E 32.79 feet; thence S 0° 30' W 11.6 feet; thence S 89° 41' E 16.78 feet across the escalator plate; thence S 0° 19' W 7.53 feet; thence S 89° 41' E 1.0 feet; thence S 0° 19' W 12.0 feet; thence N 89° 41' W 2.61 feet; thence S 0° 19' W 4.35 feet; thence N 89° 41' W 37.72 feet; thence N 0° 17' E 11.8 feet to the point of beginning of the easement herein described; thence continuing N 0° 17' E 10.0 feet; thence S 89° 41' E 10.0 feet; thence S 0° 17' W 10.0 feet; thence N 89° 41' W 10.0 feet to the point of beginning. t . -6- The said easement is limited in height from the surface of the walkway at elevation 83.6 feet upward to the second floor ceiling at elevation 95.6 feet. All elevations are City Datum. Contains 100 square feet more-or- less. 2. That the vacation be subject to all the terms and conditions of Chapter 228 of the St. Paul Legislative Code, as amended. 3. That the petitioner(s) provide a minimum, continous 12.0 foot concourse width from the top of the Minnesota Street escalators throughout the second floor (skyway) level adjacent to the area noted as Exhibit "E". 4. That the petitioner(s), their assigns or successors in interest agree to be responsible for all costs and expenses in the obliteration of those portions of skyway concourse hereunder to be vacated to include all construction, remodeling, removal, alteration and modifications, including all mechanical and electrical revisions necessary to remove the appearance of the public concourse areas from the skyway system, all to be ac- complished to the satisfaction of the Department of Planning and Economic Development. 5. That the American National Bank Building shall continue to the extent now obligated to provide all necessary and adequate electrical, mechanical and lighting service to each of the sky- way bridges noted below that might be affected by this vacation and are presently receiving service from that building: a) The skyway bridge over Minnesota Street between East Fifth and Sixth Streets. b) The skyway bridge over East Fifth Street between Minnesota and Robert Streets. 6. That the petitioner(s) execute a new easement agreement within buildings owned by the petitioner(s) which grants a continuous public easement over their second floor level from the end of the new bridge over Robert Street to the existing concourse at or near the Robert Street escalators. 7. That the petitioner(s), their assigns or successors in interest, by acceptance of the terms and conditions of this vacation, agrees to fully indemnify, defend and save harmless the City of Saint Paul and the Housing and Redevelopment Authority of St. Paul, their officers, agents, employees and servants from all suits, actions or claims which shall arise from any injuries or damages received or sustained by persons, employees, tenants, lessors or third parties arising out of or resulting from any action or negligence on the part of the petitioner(s), their assigns, successors in interest, employees, agents or business invitees in the removal and subsequent construction/remodeling of the public concourse areas herein proposed to be vacated. U -7- 8. That this vacation shall not be final or shall the City Clerk issue a certificate of completion until the petitioner and the City shall have executed a mutual agreement on the vacation areas. 9. That the petitioner pay to the City the sum of $500.00 as compensation for the administrative costs of the vacation proceedings. 10. That the petitioner furnish the City, as required by Section 228.05(b) of the St. Paul Legislative Code, as amended, with a bond in the amount of $2,000.00, and indemnifies, defends and saves harmless the City of Saint Paul, its officers and employees from all suits, actions, or claims of any character, including, but not limited to, a claim brought because of any injuries, or damages received or sustained by any person, persons or property, on account of this vacation; or because of any act or omission, neglect or misconduct of said petitioner; or because of any claim or liability arising from or based on any violation of any law or regulation made in accordance with the law, whether by the petitioner or any of its agents or employees. L - 1 cc: Mayor George Latimer Dnte M/�.X /9/ .. -;_ 1 . • r Scale t r_ 7C - B r s.�.� 141/Et"T B _ R A'civ TRANSA/YI,6'R/CA BU/LO/NG ,� ,,,rf,-,,,a• Jr. "41/z, /H1#4/. •o , \ No0Q5 "L1/ ..r -Miler PC /en ■ 1e < - — — 4/G./7 - f--- -- 0 0 1 /9 0 �' ' --- -- — - CAB 1Z No ��� �I ` 1 l ■ r. `A i (n �' t SfM' 1' �;. Q .L �, o 1 `? 0 1 0 1 'o/p ly v N i.s•/ •I r'i. O�w //. 12. y °� o .— ' cry*.-A,, N M � � s _ Nom�q f le ^ .. N k•" o � - J f0.8 'f • Y8.07_ No°/9 E >-' N o°/tE 4o.y n. ' to 1 l 1 , 6,- n! ::.,r.T — ---- -- -- . _ �t V > ■.:fk, ql o 1 iii ". 1 ! C+ • �0 0 I ° • l /v 0°,9't: 2.0 ; yr. . • 'V,p o -�- Z 1 r, r • /y��, e rr C I N �. r H -;i F/ie� E/may. 63.E w 1 d/"QS �o) �. n, ,e./.w� E G h.-Ce/n ..2,,;,,r 9? 7978 .,• ti ;,.N T 7 N y 4 i J 1 lJ� i V �'O % b � I-- _(-1"1.% ti- '� i N L - 3� j t E l' ^ c. c N �— AO.?7n'L` t tr ,sZ n °a 2� v J 1) o. d it t' oo . - 104°/9':. Y �� " Io°It' W t. i 1 /i. 1 S'Olio IV N°` i Jo'if'1v 04 ,t■ *-- .—_ a �o (ka t Z It CITY OF SAINT PAUL , INTERDEPARTMENTAL MEMORANDUM DEPARTMENT OF COMMUNITY SERVICES y43/h SEPTEMBER 22 , 1980 MEMO TO : J. WILLIAM DONOVAN FROM: THOMAS J . KELLEY /■ SUBJECT: YOUR LETTER OF SEPTEMBER 16 , 1980 /y D YOUR LETTER OF SEPTEMBER 3 , 1980 / YOUR LETTER OF SEPTEMBER 11 , 1980 4*--3f i`�XOJ The three petitions outlined in the above referenced letters will have no effect on the plans of the Department of Community Services . TJK:ne CC : Robert Piram (with attachments) CITY OF SAINT PAUL I < ' •. � INTERDEPARTMENTAL MEMORANDUM 74116rb 1--01 TO: J. WILLIAM DONOVAN VALUATION AND ASSESSMENT ENGINEER FROM: DAN NORRGRAN �f1r FIRE MARSHAL DATE: SEPTEMBER 18, 1980 SUBJECT: AMERICAN NATIONAL BANK BUILDING VACATION OF SKYWAY AREAS We have reviewed the plans and inspected the four areas to be vacated of the Skyway System in the American National Bank Building. The Fire Department has no objections to the proposed skyway vacations. If you have any questions regarding this matter, please call me at 224-7811 . ky `LIT ar�,,. - - CITY OF SAINT PAUL • 44.* s,. DEPARTMENT OF POLICE O ` �" •/�/�J II11 1 11 II X5 ^ / ) �I� i p/ 1 dU 1 Wm. W. McCutcheon, Chief of Police 101 East Tenth Street Saint Paul, Minnesota 55101 GEORGE LATIMER 612-291-1111 MAYOR September 24, 1980 Mr. J. William Donovan Valuation &Assessment Engineer 218 City Hall St. Paul, Minn. 55102 Dear Mr. Donovan, In regards to the petition of San Francisco Real Estate Investors for the vacation of four areas within the Skyway system that is within the American National Bank Building. These areas are shown on the attached plans to your letter of September 11, 1980, be advised this office has no objections. The detail of officers assigned to police the Skyway system believe that vacating these areas will not affect pedestrian traffic capabilities within the system nor do they antici- pate this proposed development affecting the ability to police the Skyway. Yours truly, W. W. McCutcheon Chief of Police Capt. ilfred 0. a Traffic & Accident Section cc: Chief McCutcheon WOJ:mjs D/C LaBathe t�', CITY OF SAINT PAUL 14 0.4 a DEPARTMENT OF PUBLIC WORKS ,,,o _ � �� � DONALD E. NYGAARD, DIRECTOR ..• 600 City Hall Annex, Saint Paul, Minnesota 55102 612-298-4241 GEORGE LATIMER MAYOR September 24, 1980 Mr. J. William Donovan Valuation and Assessment Engineer Room 218 City Hall BUILDING Re: Proposed Vacation of Four Areas Within the Skyway System That Is Located in the American National Bank Building Dear Mr. Donovan: A review of the above referenced vacation has been completed. The Department of Public Works has no objections to the vacation of these areas as shown on the attached map. Very truly yours, 41:44A44040 . eg. Thomas J. Eggu Office Engineer TJE/FJH:dl Attachment: Map cc: Kent Schonberger MAILGRAM SERVICE CENTER °'TESPOS'q . MIDDLETOwti, va, ?26'45 �, V Mail ram p western union Z _ J D. U.S.MAIL. m 3 � r y SU 1 .011890C273 09/29/80 TLX wU MIS MPS MPSA "' 01001 DH MTO MINNEAPOLIS MN "' --, . . ' Nedir :- I J WILLIAM DONOVAN, VALUATION AND ASSESSMENT ENGINEER CITY OF ST PAUL, DEPARTMENT OF FINANCE AND MGMT SVCS 218 CITY HALL SAINT PAUL MN 55102 SUBJECT : SAN FRANCISCO REAL ESTATE INVESTORS FOR THE VACATION OF FOUR AREAS WITHIN THE SKY WAY SYSTEM THAT IS WITHIN THE AMERICAN NATIONAL BANK BUILDING 1 AN AREA OF APPROXIMATELY LESS THAN 100 SQUARE FEET LOCATED IMMEDIATELY ADJACENT TO THE DEPPE TRAVEL SERVICE OFF THE MAIN CONCOURSE ON THE SECOND LEVEL OF THE SKYWAY PEDESTRIAN EASEMENT EXHIBIT C 2 AN AREA OF APPROXIMATELY 100 SQUARE FEET ON THE SECOND FLOOR LEVEL IN THE PIBLIC EASEMENT AREA IMMEDIATELY ADJACENT TO TH THE CHAIR BARBERSHOP EXHIBIT D 3 AN AREA OF APPROXIMATELY 315 SQUARE FEET LOCATED ON THE SECOND FLOOR LEVEL OF THE PRESENT SKYWAY EASEMENT AREA JUST SOUTH OF THE EAST END OF THE SKYWAY BRIDGE CROSSING MINNESOTA STREET WITHIN THE AMERICAN NATIONAL BANK BUILDING EXHIBIT E — 4 AN AREA OF APPROXIMATELY 100 TO 300 SQUARE FEET LOCATED ON THE SECOND LEVEL OF THE SKYWAY PEDESTRIAN CONCOURSE I THE CENTER OF THE AMERICAN NATIONAL BANK BUILDING NORTHERLY OF THE ELEVATORS AND WESTERLY FROM THE TOP OF THE ESCALATORS KIOSK ON PLAN DEAR MR DONOVAN, THIS IS TO ADVISE YOU THAT THE WESTERN UNION TELEGRAPH COMPANY DOES NOT HAVE CABLE OR LINE FACILITIES WITHIN THE AREA OF YOUR PROPOSED PROJECT, THANK YOU, V G BORKOESKI MANAGER TECHNICAL OPERATIONS E WESTERN UNION TELEGRAPH CO 1313 WINTER ST NE MINNEAPOLIS MN 55413 612®332.2307 TY op.:.r CITY OF SAINT PAUL DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT . u1110111p GARY E. STOUT, DIRECTOR <�`\ 25 West Fourth Street, Saint Paul,Minnesota 55102 GEORGE LATIMER 612-298-5775 MAYOR September 26, 1980 Mr. J. William Donovan Valuation and Assessment Engineer Department of Finance & Management Services Division of Valuations and Assessments Room 218--City Hall Saint Paul, Minnesota 55102 Dear Sir: This letter is written in response to your letter of September 11, 1980 concerning the petition of San Francisco Real Estate Investors for the vacation of four areas within the Skyway System that is within the American National Bank Building. Pursuant to your request the staff of the Department of Planning and Economic Development has reviewed the above captioned request and indicates that some ne- gotiation with regard to specific aspects of the proposed vacation have been pre- viously discussed and agreed to by department personnel with the building owners. The Renewal Division has also indicated some concern and requests that several conditions be placed in the vacation resolution. These conditions are spelled-out in the attached memorandum from Darold McMahan. Also attached is a copy of the memorandum from James Bellus indicating no objection to the vacation, however, making a recommendation with regard to use of some space. I believe that this adequately outlines the recommendation of the department with respect to the proposed vacation. If you have any further questions concerning the matter please contact Chuck McGuire at 292-6155. Sincerely, ,ZA I Gar E. Stout b/ Director Department of Planning and Economic Development CLM:do cc: Bill Pearson Jim Bellus Roger Ryan Darold McMahan Attachment: September 22 memo from Darold McMahan September 23 memo from Jim Bellus CITY OF SAINT PAUL INTERDEPARTMENTAL MEMORANDUM �'t`" •' N' { RECEIVED e.D ECONOMICS • September 23, 1980 ! DEVELOPMENT iN 1; J' 6r y TO: Gary Stout Attn: Chuck McGuire FROM: James J. Gallus RE: Vacation of four areas within the skyway system that is within the American National Bank Building My staff has reviewed the proposed vacations of skyway spaces in the American National Bank Building and have no objections. However, we recommend that the use of the Kiosk space be restricted to information and security purposes. A retail use in this space could cause congestion in the surrounding pedestrian lanes. JJB:RR:sb • • CITY OF SAINT PAUL INTERDEPARTMENTAL MEMORANDUM z • DATE: September 22, 1980 TO Chuck McGuire FROM: Darold McMahan REGARDING: Vacation of Portions of the Skyway Easement American National Bank Building The Technical Services Section has reviewed the above vacation petition and requeststhat the following conditions be placed in the vacation resolution: 1 . The petitioner(s) provide a minimum, continuous 12.0' concourse width from the top of the Minnesota Street escalators throughout the second floor (skyway) level adjacent to the area noted as Exhibit "E". 2. That the petitioner(s) , their assigns or successors in interest agree to be responsible for all costs and expense in the obliteration of those - portions of skyway concourse hereunder to be vacated to include all construction , remodeling, removal , alteration and modifications , including all mechanical and electrical revisions necessary to remove the appearance of the public concourse areas from the skyway system, all to be accomplished to the satisfaction of the Department of PED. 3. That the American National Bank Building shall continue to provide all necessary and adequate electrical , mechanical and lighting service to each of the skyway bridges noted below that might be affected by this vacation and are presently receiving service from that building: a. the skyway bridge over Minnesota Street between East Fifth and Sixth Streets. b. the skyway bridge over East Fifth Street between Minnesota and Robert Streets. -. 4. That the petitioner(s) execute a new easement agreement within buildings owned by the petitioner(s) which grants a continuous public easement over their second floor level from the end of the new bridge over Robert Street to the existing concourse at or near the Robert Street escalators. 5. That the petitioner(s) , their assigns or successors in interest shall fully indemnify, defend and save harmless the City of Saint Paul and the Housing and Redevelopment Authority of St. Paul , their officers , agents , employees and servants from all suits , actions or claims which shall arise from any injuries or damages received or sustained by persons , employees , tenants , lessors or third parties arising out of or resulting from any action or negligence on the part of the petitioner(s) , their assigns , successors in interest, employees , agents or business invitees in the removal and subsequent construction/remodeling of the public concourse areas herein proposed to be vacated. Chuck McGuire September 22, 1980 Page 2 I might add several conditions which otherwise might have been included above, have previously been discussed and/or addressed separately under earlier commitments/negotiations and subsequent written agreements between building owners and the City, i .e. approval by PED of concourse design , materials, and construction , etc. DMM:pf cc: R. Hall :File:P. Byrne:G. Stout Route (WGP:DWF:JSW) Attach. . f*tk-4 1-1:,,.7.• I ! I ! 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I —.,';',.,,i.iY.Aki,I ,:::-• ',"iitt ;$,,I,o,1'• v,,, t PETITION TO VACATE n r„. cn-< TO: CITY COUNCIL OF THE CITY OF SAINT PAUL 7th Floor City Hall St. Paul, Minnesota 55101 C us `J PETITIONER: SAN FRANCISCO REAL ESTATE INVESTORS ""= c/o St. Paul Property Administration n c=, Suite 1810 American National Bank Bldg. St. Paul, Minnesota 55101 Petitioner respectfully petitions the City Council to vacate its easement over certain areas located in the skyway concourse in the American National Bank Building, 5th and Minnesota Streets, St. Paul, Minnesota. This petition is based upon the following facts: 1. Petitioner is the owner of the real property in the City of St. Paul, County of Ramsey, State of Minnesota, as described on Exhibit A attached hereto, commonly known as the American National Bank Building. 2 . An easement for a pedestrian skyway concourse system was granted to the City of St. Paul over a portion of the second floor of the premises owned by petitioner. 3. Four areas within the pedestrian skyway concourse easement are so situated that they are not necessary for the accomplishment of the public purposes intended by the pedestrian skyway concourse system. These areas are shown in yellow on the attached Exhibits B, C, D and E. 4. The four areas so indicated are entirely contained within the premises owned by petitioner, and no properties owned by any other owner abut or adjoin the four subject areas . 5. If the easement over the four subject areas were vacated the remaining areas subject to the skyway easement would continue to conform to the standards of size, accessibility, safety, appearance, comfort and public convenience which generally characterize the skyway system as it presently exists, and the remaining areas subject to easement will satisfactorily accomplish the public purposes of the skyway pedestrian concourse system. Based upon the foregoing facts petitioner respectfully requests that the City Council of the City of St. Paul vacate its easement over the four described areas. Dated: 40/- /Q( ( q) SAN FRANCISCO REAL ESTATE INVESTORS By /I la. Its/ m y !N •i ° w VERIFICATION STATE OF MINNESOTA) ss. COUNTY OF RAMSEY ) James R. Miller, being first duly sworn, deposes and states that San Francisco Real Estate Investors, a real estate investment trust existing under and by virtue of the laws of the State of California, having duly qualified to do business in the State of Minnesota, is the petitioner herein; that he is President of St. Paul Property Administration, Inc. , which corporation has been engaged to manage the American National Bank Building on behalf of the petitioner; that he has been duly authorized by the petitioner to subscribe and verify this petition; that he has read the foregoing petition and knows the contents thereof, and that he has executed the petition on behalf of and as the free act and deed of San Francisco Real Estate Investors , and by the authority of its Board of Trustees. n r kg-, 0 ames R. Miller Subscribed and sworn to before me this /0 day of September 1980. / L7/a-e 141---- dJ tJEAN LANGLAIS hQTARY PUBLIC•MINNESOTA DAKOTA COUNTY Mr o. Mac It 111114 , ,w • _ { ilia.,♦ YTNUOO ATO)4AJ 3R ,K.wM 0,100 sowrsoaoi• All tl-. t part of Lots 4 , 5 and 3 , Block 11 , City of St. Paul lying Southrly of a line distant 175 . 01 feet Northerly at right angles and T;;irallcl with the Southerly line of said Block 11 except the Westerly 2 .al..:-!t o. said Lot 8 for widening Minnesota St. ; and A; 1 (:f Lots 9 , 10 , 11 , 12 and 13 , Block 11 , City of St. Paul except t'ic '.=ortcrly 2 feet of said Lots 9 , 10 , and 11 for widening Minnesota j. e;:cept the Southerly 13 feet of Lots 11, 12 and 13 for wcning E . 5th St. ; . anC . 71 .:liat• part of Lots 14 , 15 and 15 , Block 11 , City of St. Paul lying roirly and W7:sterly of the following described lines; beginning at the •. .w: 1„!:•:sterly corner of said Lot 14 , thence Easterly along the Northerly :aid Lot 14 a distance of 40 feet, thence Southerly at right to the :-.;outherly line o..: said Block 11 a distance of 14 foot, t'Inc at rich angles a distance of 14 .feet, thence Southerly at right nngics a distance of 32 foot, thence_ Easterly at right angles a di:7.tneo . : 77 . 17 foot tn a 7-)ont distant 20 feet Westerly of the Easterly line ; ::aid Block 11 and there terminating ( =opt the Easterly 20 r_ect (.,.. ':ni:i ;,ot 15 for Robert St. as widened and, except the Southerly 13 fr:et 0-7 ::aid Lots 14 , 15 and 16 for widening E . 5th St. ; and • All that part of Lots 14 , 15 and 16 , Block 11 , City of St. Paul lyinc: a plane surface at elevation 73 feet and lying Northerly and Easterly olf t7.:e following described fines: Commencing at the Northwesterly co=cr o.. : aid Lot 14 , thence. Easterlv along the Northerly line of said Lot 1' a diance Of 40 feet to the point of beginning, thence Southerly a right ;*,:ler; to the Southerly line of said Block 11 a distance of 14 feet, t:Ic:.-1c. L:;trly at right angles a distance of 11 feet, thence Southerly a rik_:lit a distance of 32 feet, thence Easterly at right angles 4 dist;Anc cl : /7 . 17 feet to a point distant 20 feet Westerly of the Easterly line ' of said Block 11 and there terminating except the Easterly 20 feet of sid 16 for Robert S . as widened, (All elevation arc city datum. una clfvntion is ap7yroxmntely 63 . 5 feet) together with footing and co:fx,n • ,ort in the described 'parts of said Lots 14 , 15 and 16 lying 1),.:.low .:. -.:) .. :-. ':-c,e elevation of ,' feet. Yoyhnr win an casement. or ingress and erTress over and acro:,;c th. .,,:(. .. ,:et of Lots C , 9 , . 10 and 11 , said Block. 1 reserved for widening ;\iin:.:_,,)' the Southerly 13 feet of Lot 11, 12 , 13., 14 , 15 cvld 15 -c„7 widening ':'ifth Street; said casement to remain in force and e.;:fct intii c.:(2diCation of said property for street purposes and then tor:aniting. • EXHIBIT A • . 1 _ "---I -- ....::::.:.:::::::::::::::::•::::::; :•:•:..:.:.:.-:-:-:.:..:-:.:-.:.:.:.:.*:•:. ' •- ::•:•::•:•:••:•:•:-:•••••:•:•::•:•:•:•":•:•: - •••••.•:•:::•:•:••••:•:•:••••:.:-:••:•:•:- - ( . ' , .. ::.:...........:::.:.::::::•:-::::::.:.::::':*. Lk - Lk ..,,'". ( .. - ) =-- ..::::.:•::::.x.::::.%":::::•:•::::-::::: :„..... -, ,i...... :;::::.:.:.-:::•:.:.:::::-::::.*::-:::::::: ;.:.:.::::::::•::::::•:::":::'::::::.:*:*:*. 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