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88-437 (2) July 18, 1988 Mr. Dale E. Ailport, Jr. 745-747 Payne Avenue St. Paul, Minnesota 55101 Dear Sir: Attached is a copy of a letter sent to you May 6, 1988 regarding the vacation of an alley adjacent to Watson's Division D, Block 3, Borup and Payne's Addition; a copy of the resolution and a form for acceptance of the terms and conditions of the resolution if you wish to finalize this vacation. Very truly yours, / zfrAi Albert B. Olson —/� City Clerk ABO:th Attachments cc: Valuation Engineer May 6, 1988 Mr. Dale E. Ailport, Jr. 745-747 Payne Avenue St. Paul, Minnesota 55101 Dear Sir: Enclosed is a copy of Council File No. 88-437, published April 2, 1988 which provides for the vacation of an alley adjacent to Watson's Division D, Block 3, Borup and Payne's Addition, as more fully described in the resolution. The ordinance pertaining to vacations requires that the compensation specified in the resolution must be paid within sixty (60) days after publication of the resolution. Also enclosed is an acceptance of the terms of the resolution which must also be signed and filed here within said time. Very truly yours, Albert B. Olson City Clerk ABO:th cc: Valuation Engineer Enc. C - OEPAR E" CITY OF SAINT PAUL Council NO. e' c�7 C IMAM �DEPARTMENT soar -MAYOR Return cdpy to: Council Resolution i%aluations - Room 218 (RM) (25-1987) Presented By • Referred To Committee: Date Out of Committee By Date RESOLVED , that upon the petition of Dale Edward Ailport , Jr . , per Finance Department File No. 25-1987, that part of the alley as originally platted in Watson ' s Division "D" bounded by Edgerton , Reaney, Payne and Minnehaha , hereinafter described , be and the same is hereby vacated and discontinued as public property. That the vacated area be described as follows: All that part of the alley as originally platted in Watson ' s Division "D" 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 petitioner , his heirs and assigns, pay the City of Saint Paul $2, 830 as compensation for this vacation which is due and payable within 60 days of the date of publication of this resolution. 3 . That an easement be retained on behalf of the City of Saint Paul , Department of Fire and Safety Services , over and across the vacated area subject to the following conditions: a. That the vacated alley be kept clear of any storage material and vehicles which may create a fire hazard or an obstruction to vehicles responding in response to a fire call at this location. b . That the petitioner , his heirs and assigns provide the Fire & Safety Services Division with a key to Yeas DOimo dL'NE Nays Requested by Department of: Goswitz Mn t era Lon In Favor i asP n Sere' s Long Rettman - Scheibel Against By ( D rector Sonnen Wilson Form Ap rov City Attorney Adopted by Council: Date f �•p Certified Passed by Council Secretary By By Approved by Mayor: Date Appro " Mayor for Sub ¢'o to it By .1■ �:, �.�% �` ' the gate located at the northerly end of the vacated area for access to this vacated area and by acceptance of the conditions of this vacation hereby grants the Division the right to use a bolt cutter, if necessary, to gain access to the vacated area . c . That the petitioner , his heirs, and assigns shall comply with all fire code regulations pertaining to an automobile repair business . 4. That an easement be retained within the vacated area to protect the interests of Northern States Power Company, Electric Division . 5 . That an easement be retained within the vacated area to protect the interest of Continental Cablevision . 6 . That the petitioner , his 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 �ir�-(erg 2 WHITE - CITY CLERK PINK • _ FINANCE CITY OF SAINT PAUL Council �!e- I` .�7 Return' cop : CANARY -MAPORTM ENT File NO. _ f 474 BLUE � MAYOR - f� C/ ' `� Valuationsy-to Room 218 Council Resolution (RM) (25-1987) Presented By Referred To Committee: Date Out of Committee By Date regulation made in accordance with the law whether by the petitioner or any of its agents or employees. 7. That the petitioner , his heirs and 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 Long .7 In Favor Finance. & Management Services I ( Goswitz Rettman Scheibe) Against By /1`� Director Sonnen 1.6"1- Wilson Q R i b 1 4 Form Appr ved by Ci torney (j), Adopted by Council: Date Certified Pas Iby Council Se t By 'Z-10-fFT B Approved vor: (�Qate AR2 9 M Appro 4d .y Mayor for ,r:mi- on • Council By �/ J2.2 ��1: PUBLISHED APR 21988 CA RF=TW CITY OF SAINT' PAUL File Council N0. ��.44?7 �� wM —Ol�o wRTM<NT' e� E —Mwvow Return cop' to: ounce Resolut:on 'tlaluat�`ons — R oom 218 R (RM) (25-1987) Presented By .Referred.To Committee: Date Out of Committee By Date RESOLVED , that upon the petition of Dale Edward Ailport , Jr. , per Finance Department File No. 25-1987, that part of the alley as originally platted in Watson ' s Division "D" bounded by Edgerton , Reaney, Payne and Minnehaha , hereinafter described , be and the same is hereby vacated and discontinued as public property. That the vacated area be described as follows: All that part of the alley as originally platted in Watson ' s Division "D" 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 petitioner , his heirs and assigns , pay the City of Saint Paul $2, 830 as compensation for this vacation which is due and payable within 60 days of the date of publication of this resolution . 3 . That an easement be retained on behalf of the City of Saint Paul , Department of Fire and Safety Services , over and across the vacated area subject to the following conditions: a. That the vacated alley be kept clear of any storage material and vehicles which may create a fire hazard or an obstruction to vehicles responding in response to a fire call at this location. b . That the petitioner , his heirs and assigns provide the Fire & Safety Services Division with a key to Yeas DOimo dLME Nays Requested by Department of: Goswitz Long In Favor • • _ �. - Managpm-" r S rivfrPC g Rettman Scheibel Against By `'4/ - - --r D rectnr Sonnen �PW Wilson Form Ap ov City Attorney Adopted by Council: Date f � Certified Passed by Council Secretary By f v' 2 I /U p By Approved by Mayor: Date Appro Mayor for Subm011 o to it By • • the gate located at the northerly end of the vacated area for access to this vacated area and by acceptance of the conditions of this vacation hereby grants the Division the right to use a bolt cutter, if necessary, to gain access to the vacated area . c . That the petitioner , his heirs, and assigns shall comply with all fire code regulations pertaining to an automobile repair business . 4 . That an easement be retained within the vacated area to protect the interests of Northern States Power Company, Electric Division . 5 . That an easement be retained within the vacated area to protect the interest of Continental Cablevision . 6 . That the petitioner , his 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 ss---1.)P2-1C 2 WHITE - CITY CLERK PINK DEPAR FINANCE CITY OF SAINT PAUL Council ,A T7 CANARY -MAYOR TtdENT te-4A37 BLUE ■ -MAYOR File NO•. 111 Return Valuations y-tRoom 218 Council Resolution (RM) (25-1987) Presented By Referred To Committee: Date Out of Committee By • Date regulation made in accordance with the law whether by the petitioner or any of its agents or employees. 7. That the petitioner , his heirs and 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 Lomond In Favor Finance-. & Management Services Goswitz Reitman Scheibel Against By 7.-------\------6',„ "tt ■�„ '--�. Director Sonnen W 9A-1 ilson MAR 2 G 1988 Form Appr• ed by Ci • torney Adopted by Council: Date Certified Pas y Council Se t By , C 2 /} Approved or: ate MAK'2 g 1 Appro =d •y Mayor for ,t':mi-sion . Council By - / 9.� �" N � ■ ��61 PUBLISHED APR 21988 PM(K ■ *INNiC[ Council ; e _w;A„.4 ""~T' CITY OF SAINT PAUL - File NO. �t �1 <3 r• Return ons to R Council Resolution�laluations — Room 218 (RM) (25-1987) Presented By • _Referred To Committee: Date Out of Committee By - Date RESOLVED, that upon the petition of Dale Edward Ailport , Jr. , per Finance Department File No. 25-1987, that part of the alley as originally platted in Watson ' s Division "D" bounded by Edgerton , Reaney, Payne and Minnehaha , hereinafter described , be - and the same is hereby vacated and discontinued as public property. That the vacated area be described as follows: All that part of the alley as originally platted in Watson' s Division "D" 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 petitioner , his heirs and assigns , pay the City of Saint Paul $2, 830 as compensation for this vacation which is due and payable within 60 days of the date of publication of this resolution . 3 . That an easement be retained on behalf of the City of Saint Paul , Department of Fire and Safety Services , over and across the vacated area subject to the following conditions: a. That the vacated alley be kept clear of any storage material and vehicles which may create a fire hazard or an obstruction to vehicles responding in response to a fire call at this location . b . That the petitioner , his heirs and assigns provide the Fire & Safety Services Division with a key to Yeas DOmondLhtE Nays Requested by Department of: Goswitz Lon In Favor . ' P, �, nanagamdnt SPrvi rag g Rettman Scheibel Against By D rector Sonnen Wilson Form Ap rov City Attorney Adopted by Council: Date �p Certified Passed by Council Secretary By f C� 2 / �1U• Ey riol,rc-ied by Mayor: Date Appro • • Mayor for Submill'o to • iI 110 • the gate located at the northerly end of the vacated area for access to this vacated area and by acceptance of the conditions of' this vacation hereby grants the Division the right to use a bolt cutter , if necessary, to gain access to the vacated area. c. That the petitioner , his heirs , and assigns shall comply with all fire code regulations pertaining to an automobile repair business . 4. That an easement be retained within the vacated area to protect the interests of Northern States Power Company, Electric Division . 5 . That an easement be retained within the vacated area to protect the interest of Continental Cablevision . 6. That the petitioner , his 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 2 WHITE - "ITV CLERK PINK • _ FINANCE ;E A RTI CITY OF• .SAINT PAUL Council ii_ rJ CANARY - f EPAR TM ENT BLUE --MA`Ay OR Return py to: • Valuati s — Room 218 Council Resolution (RM) (25 1987) Presented y R ferred To Committee: Date 0 t of Committee By Date regulation made in accordance with the law whether by the petitioner or any of its agents or employees. 7. That the petitioner , his heirs and 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 '7 1 Long In Favor e Goswitz Rettman 46 / /` Scheibel Against By ( �•-'� L\, \ Director Wilson A D R .�?Q 88 11A 2 5 ;S Form Appr•ved by Ci • torney Adopted by Council: Date Certified Pasqtbytouncil Sefir twviN, BY— , C. -2'f(}f By Approved h or: ate MA�`2 9 AM Appro tid ,y Mayor for Ami- ion • Council Li ,�� �� ;3,r-fir- ��._.aeL .` ,4/ PUBLISHED APR 2 1988 X17431 THUET, LYNCH, PUGH & ROGOSHESKE ATTORNEYS AND COUNSELORS �� �� / J�/' 833 SOUTHVIEW BOULEVARD SOUTH ST. PAUL, MINNESOTA 55075 • EDWARD LYNCH' TELEPHONE: (612) 451-6411 Dept Fizanc3 s :YStli.ul�iawi .j'�r`t).r+�.w THOMAS W. PUGH* p p PAUL A. THUET, JR. PAUL W. ROGOSHESKE* January 27 , 19 8 8 1916 .1987 JEFFREY S. SHERIDAN WILBUR L. GOYER (OF COUNSEL) ALSO ADMITTED TO PRACTICE IN WISCONSIN Mr . Dick McCann Department of Finance and Management Services Valuation Division 218 City Hall St . Paul , MN 55102 Re : Petition to vacate the alley in Watson ' s Division D (Ailport ) Finance File 25-1987 Dear Mr . McCann : This letter is in response to our conversation regarding the signature of the owner of Lot 3 , Block 3 of Borup & Payne' s Addition on our Petition to vacate the alley in Watson ' s Division D. As I indicated to you over the phone , it is clear that the alleyway was granted as a part of Watson ' s Division D and should the Council agree to vacate that alley , no portion of the alleyway would revert to Lot 3 . Furthermore , I think it ' s obvious from the Division itself that this alleyway was granted only as access to the rear of the five lots created by Watson ' s Division . For these reasons , I don ' t believe that the property owner of Lot 3 should be able to prevent this vacation by refusing to sign the Petition . Further , there is no access to Lot 3 from this alleyway . Both the house and the pole barn located on Lot 3 are located within a few feet of the alleyway . The access to Lot 3 is on the west side of the lot . No access is now being used from the alley nor ever has been used from the alley . The owner of Lot 3 also owns Lots 4 and 5 of Block 3 and those lots are currently being used as parking for the buildings located on Lot 3 . Clearly , this vacation would in no way affect the access to that lot . In order to simplify this application , we have attempted to obtain the signature of the owner of Lots 3 , 4 , and 5 . That owner , however , has demanded that the applicant pay an exorbitant amount of money in exchange for his signature. I don ' t believe I need to remind the Council of the enormous amount of difficulty the applicant had in obtaining a Conditional Use Permit for his lot . As a part of that Conditional Use Permit , the Council ordered that applicant obtain a vacation of the alleyway on his property . During the legal battle to obtain the Conditional Use -431/7 Mr . Dick McCann January 27, 1988 Page 2 Permit , applicant was forced to shut his business down and was almost driven to financial ruin . On top of that , applicant now has a substantial outstanding bill for attorney' s fees . There is no way that applicant could come up with the amount of money that the owner of Lot 3 is asking in exchange for his signature regarding an alleyway which does not now nor has ever affected the access to his property. For these reasons , I am asking, on behalf of the applicant , that you submit the application without the signature of the owner of Lots 3 , 4 , and 5 , along with this letter of explanation to the Council for their consideration . As always , I would be more than happy to answer any questions that anyone may have regarding this case . Furthermore , I would like to be informed of the hearing date so that I can address any questions at that time . I appreciate your prompt attention and consideration of this matter . Very u y yours , THUET, YN , PU H •. IISHESKE C , By : ffr S . Sheridan JSS : je I /O T. /� /� ., I i .. ' w 2-",`' �4� '1 '261 •7� 30� r, , /'l2o (z°) N ' ,"'r :/. );� 47 T,Z- j 11 i r �s (l�� . • L 0 /9 (ez) / 76:::: 1_#43 1 ,�2 (3 7� N (i 4��iOJO 0 47 TOTAL 220,02+!° �— - I S,3 so 17.5- 1:),‘ �_ TOTAL 85,500°'- 1.17.w of-n73o0 1 I .3- Oln (14) .— (6■ )5O0a•) y-" (11,000 2') Ln L � • 167. L t� YF 13,25-Cc' '!,2 S D° AR LI N TON (�e,oes°') x�38)N 18) (r S� 02r)SBf. ;3soe 5,'0001 ' 1'1• 1JSI"I /GC uc I ,� I ., 1 I „ 11 I;,y If I, I - I,I - 1„ ,, YS LI1.3 8J.8e Y /L I I (4 z)I / I I 011 0,I a_ �. (7e) i(6�� i(4 8) `6 7) (64 �/`,, ; (4 3)2 l\' (< 4s T 4 3 II r hl `�`� AREA PETITIONED 1 1 '—i — 30 113 11130 r("c) 5 6 . \ 7(a7), 1z&r, 14 15 16 17 18119 20 21 22 23 24 25k 26 - 8 J I (et) 8z � - ( � ( � (83) (84) (85) (86) (87) (as) (85) (9°) ,,,, ry 9 (46 APARTMENT I 533 6,OQ G27 11 OWN '1- 'CJ-+ ^ N41Ogt I ' ti ;s.B 33.7. �, " REANEYr • .► •ri 1 58� r ) , (ir)J /3o GSr (let (too) (99) (989 (97) (5 95 • �� 1 2 O L f 1 (94) -93) (9 z) �^∎ (it, its 1 H to 9 8 6 s 4_ 3 _1-3_- -I a _. 11 111546/ ~ 1 131 / L•_ _ � z 1� l6 �L1.3 zT (Iozz) I : ?doome" ..e... E 1618 19 ZD ,,.1 21 ''' 2 23 24 25 26 _ 14 15 It ✓� (/03) (104) (sos)I Lm.)07) (/op (ro9) (llo) (ll9 //I. 3 3 d 3 /_ - 605 l i _ #rl _Z. ,• - C6--—4r ( ., o , • • aFift--0 7 �, ``Q '' CITY OF SAINT PAUL _, - DEPARTMENT OF FINANCE AND MANAGEMENT SERVICES fit., • VALUATION DIVISION -••,° 218 City Hall GEORGE LATIMER Saint Paul, Minnesota 55102 MAYOR 612-298.5317 February 1 , 1988 R��F,��19 \V 1* Members of the City Council Co City Hall — Courthouse Saint Paul Re : Petition of Dale Edward Ailport , Jr. for the vacation of • the alley in Watson ' s Division "D" bounded by Edgerton , Reaney, Payne and Minnehaha This is to advise that the petition of Mr. Ailport to vacate this alley lacks a majority of signatures of abutting property owners. This alley to be vacated has only one of the two signatures required. The petitioner is therefore submitting his petition under the hardship provision of Chapter 130.02 of the St. Paul Legislative Code . The Valuation Division recommends that the Council hold a hearing on March 15 , 1988 , to consider two matters : 1 . That the Council consider waiving the requirement for the majority of owners for a petition on the basis that a hardship exists . 2. Should the Council waive the requirement for the majority of owners, that a public hearing be held on the vacation of this alley as submitted . The attached letter of the petitioner outlines the reasons of the hardship . This vacation is located in City Council District # 6 and Neighborhood Planning District 5 . Sine rely , Edward J . ,Darn Valuation and Assessment Engineer EJW: RM : -g Attachment ( Ailport ) 6cf—IM7 NOTICE OF PUBLIC HEARING Notice is hereby given that the petition of Dale Edward Ailport, Jr., - et al, for the vacation of the alley in Watson's Division "D", bounded by Edgerton, Reaney, Payne and Minnehaha, as more particularly shown on the plat attached to the petition, has been ordered filed in the Office of the City Clerk of the City of St. Paul, Minnesota, by the Council, and said petition will be heard and considered by the Council at a meeting thereof to be held in the Council Chambers in the City Hall and Court House on the 15th day of March, 1988 at 9:00 A.M. Dated February 10, 1988 Albert B. Olson City Clerk (February 13, 1988) • • „,,,,,,,,,,,,,, c ,y_yC /e _ ��� G1TT Op ' ST, _:PAUL CITY COUNCTL kit-4-17 o PUBLIC HEARING NOTICE SA HU IIIIII ;- ti STREET/ALLEY VACATION CB yea+ Please note that the Public Works Committee of the City Council will •iscuss this item and develop a recommendation to the full City Council at its March 9 meeting. Please bring any concerns that you may have to this meeting on Wednesday, March 9, 1988, in Room 707 at 9:00 A.M. CITY PLANNING WARD 41 DISTRICT PI ANNINf; COUNCIL #5 FILE No . 25-1987 To decide on whether to vacate the alley in Watson's Division PURPOSE "D” bounded by Edgerton, Reaney, Payne and Minnehaha. RECEIVED FEB 191988 CITY CLERK PETITIONER Dale Edward Ailport, Jr. HEARING Tuesday, March 15, 1988, at 9:00 a.m. City Council Chambers, 3rd Floor City Hall - Court House QUESTIONS Call 298-4513 and refer to the File if above. City. staff will be available to answer any last minute questions on this project in Room 218 City Hall from 8:30 - 9:00 a.m. the same day as the hearing. MAP • Notice sent: February 19, 1988, ,, M, v, I H•,i r t n n n so 1 s 114 s 'i.:a by the Valuation and Assessment Division Dept. of Finance & Management Services I NI?, M v Zt tD 14 224424: Room 218 City Hall - Court House .e I 0 a, I° ,5� k St. Paul, MN 55102 REANEY, Ljti t u l0 ! P i [ $ Zll EM34T u I[ --III- 2 L �...,yy - 11 f I P H• L MIWN�IfAiIA &_.W-1157 NOTICE OF PUBLIC HEARING Notice is hereby given that the petition of Dale Edward Ailport,Jr.,et al,for the vacation of the alley in Watson's Division "D", bounded by Edgerton, Reaney, Payne and Minnehaha, as more particularly shown on the plat attached to the petition,has been ordered filed in the Office of the City Clerk of the City of St. Paul, Minnesota, by the Council, and said petition will be heard and considered by the Council at a meeting thereof to be held in the Council Chambers in the City Hall and Court House on the 15th day of March, 1988 at 9:00 A.M. Dated February 10, 1988. ALBERT B. OLSON, City Clerk (February 13, 1988) October 20, 1987 Mr. Ed Warn Valuation Engineer Room 218, City Hall Dear Sir: I refer to you for check as to form and sufficiency and for recommendation the attached petition of Dale Edward Ailport, Jr. to vacate an alley adjacent to Watson's Division D, Block 3, Borup and Payne's Addition in the block bounded by Payne Avenue, Minnehaha Avenue, Edgerton Street and Reaney Street. Very truly yours, Albert B. Olson City Clerk ABO:th Attachment .3 eet PETITION TO VACATE PUBLIC LAND Dale Edward Ailport , Ur . , 745-747 Payne Avenue , St . Paul , Minnesota , does hereby petition the Council of the City of St . Paul to vacate the public land described below: The platted alley adjacent to Watson ' s Division D, Block - 3 , Borup and Payne' s Addition , City of St . Paul , County of Ramsey, State of Minnesota. Reasons for Request and Intended Use. Watson' s Division D is the division of two city lots into five smaller parcels , each fronting Payne Avenue. The alley platted at the time of the division was intended for shipping and receiving to the rear of each of these five separate business lots . At the present time there is one business located on Watson' s Division D and the existing structure covers all five lots . The intended use of the platted alley to serve for unmolested ingress and egress to the owners of the five individual lots no longer exists because of the merger of the five separate titles into one . Because the alley was platted for the purpose of benefiting each of these five lots to the exclusion of the remaining four , the merger of title in one owner obviates the purpose of maintaining that alleyway. Once vacated , the petitioner asks that the alleyway be granted to the exclusive use of the owner of Lots 1 through 5 of Watson ' s Division D. Said alleyway to be used as access to petitioner ' s land as well as storage area for appropriate materi - als .