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02-902 (4) CITY OF ST.PAUL RECEIPT # 145239 CASH RECEIPT PAGE 1 PREPARED BY: YANEZ ENTRY.DATE 12/20/02 DEPARTMENT: EXECUTIVE ADMINISTRATION DEPOSIT DATE: 12/20/02 ACCOUNT REFERENCE DEBIT CREDIT QTY 001*01300*2833 500 . 00 VACATION OF STREET JOHN KRATZ BUILDER CK#4034 COUNCIL FILE #02-902 APPROVED 9/30/02 TOTAL CASH: 500 . 00 RECEIVED BY TREASURY 7t REPLACES TEMPORARY RECEI T # : A . Return copy to: (e.c.) O R I (� I n ' /� Council File# Oa �gp Real-Estate Division VV I v H 1,,, 140 City Hall Green Sheet# 02°3930 RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By irdgai Referred To Committee: Date 1 BE IT RESOLVED,that,upon the petition of John Kratz, as documented in Real Estate Division File 2 Number 01-2002,public properties hereinafter described are hereby vacated and discontinued as public 3 property; 4 5 The property to be vacated is described as follows: 6 7 that part of unimproved Albion Avenue lying west of the west right-of-way line of Lexington 8 Parkway and east of a line from the northwest corner of Lot 1, Hartman's Rearrangement to the 9 southwest corner of Lot 15, Block 19, West End Addition; 10 11 This vacation shall be subject to the terms and conditions of Chapter 130, codified March 1, 1981, of the 12 Saint Paul Legislative Code as amended, and to the following conditions: 13 14 1. That the petitioner's,their successors and assigns shall pay$500.00 as an administrative fee for 15 this vacation which is due and payable within 60 days of the effective date of this resolution. 16 17 2. That the petitioner shall cause a twenty foot alley easement within Albion Avenue hereby vacated 18 to be dedicated on its redevelopment plat,the location of which easement to be subject to the 19 approval of the Department of Public Works. 20 21 3. That a Twenty foot wide permanent utility easement, centered on the existing 10 inch sanitary 22 sewer shall be retained on, over,under and across the vacated area on behalf of the City of Saint 23 Paul, Department of Public Works to reserve the right of the City to maintain and operate any 24 sewer in or upon said easement and to enter upon said easement or any portion thereof at any 25 time and from time to time, for the purposes of future construction, reconstruction, inspection, 26 maintenance or repair of the same or any part thereof. Said utility easement shall be subject to 27 the following conditions: 28 29 a. No buildings, structures,trees or any temporary structure, material storage, fixture, or any 30 other objects that will prohibit normal access to utility facilities for maintenance purposes 31 will be permitted within the easement area. 32 ORGtNAL 1 b. Improvements in or upon the above described easement that do not prohibit the City from 2 exercising its reserved rights may be allowed by obtaining written permission from the 3 Department of Public Works Sewer Division with the understanding that the restoration 4 and costs of such improvements shall be the sole responsibility of the petitioner, its 5 successors and assigns in the event the City exercises its reserved easement rights. 6 7 c. Should it be necessary that the petitioner's works or improvements be removed or 8 damaged as a result of the Department of Public Works operations, all removal, 9 replacement or modification costs shall be borne solely by the petitioner. 10 11 d. No change from the existing grade within the easement area will be permitted without 12 written permission from the Department of Public Works. 13 14 e. No change in surfacing within the easement area will be permitted without written 15 permission from the Department of Public Works. 16 17 f. The petitioner, its successors and assigns shall indemnify, defend, and save harmless the 18 City of Saint Paul, its officers, agents, employees, and servants from all suits, actions, or 19 claims which shall arise from any injuries or damages received or sustained by any break 20 in any service pipe or connection in said reserved easement arising out of or resulting 21 from any action or negligence of the petitioner, its employees, agents, or business 22 invitees. 23 24 4. That the petitioner shall be responsible for having a land surveyor, licensed with the State of 25 Minnesota, locate and protect, during the development,the existing monument at the southwest 26 corner of Albion and Lexington. The petitioner shall also search for a monument at the 27 southwesterly corner of Lot 15,Block 19, West End, and submit a sighed statement of the 28 findings. 29 30 5. That the petitioner shall be responsible for the reconstruction of the intersection of Albion and 31 Lexington Avenue to the satisfaction of the Department of Public Works, including, but not 32 limited to, new curbs, drainage structures, sidewalk, boulevard and signs, to remove all 33 appearances of street right-of-way. 34 35 6. That the petitioner shall be responsible for the construction and maintenance of its private drive 36 and its private utilities that may be installed in the alley and sewer easements required in 37 conditions 2 and 3 above. 38 39 7. That a permanent utility easement shall be retained on, over, under and across that part of the 40 vacated area lying north of a line 10.00 feet north of and parallel to the south line of said vacated 41 area to protect the interest of Northern States Power Company, d.b.a. Xcel Energy. 42 43 8. That a new easement shall be dedicated to Northern States Power, d.b.a. Xcel Energy, for the 44 relocation of its electrical facilities,the full cost and expense of said relocation to be borne by the 45 petitioner. [-0 b I A L 1 9. That a permanent utility easement shall be retained on, over, under and across the easterly 20.00 2 feet of the vacated area to protect the interest of Qwest Communication, Inc. 3 4 10. That, should development of the vacated area require relocation of A. T. &T. Broadband 5 facilities,the petitioner shall dedicate a new easement and shall bear all costs of such relocation. 6 7 11. That the final landscaping and grading plan shall be subject to approval by the Department of 8 Parks and Recreation. 9 10 12. That, except as described in the conditions above and with the accompanying Utility Easement 11 Certificates of Intended Non-Use, filed voluntarily on behalf of Qwest Communications, 12 Incorporated,Northern States Power Company, d.b.a. Excel Energy, District Energy St. Paul, 13 Incorporated, MCI Metro Incorporated, A.T. & T. Broadband, the Board of Water 14 Commissioners, and the Department of Public Works, made a part hereof by this reference and 15 filed in the office of the City Clerk of Saint Paul, the City, for itself and on behalf of these 16 corporations and departments, waives the right to the utility easements in the above described 17 vacated area. 18 19 13. That the petitioners, their successors and assigns agree to indemnify, defend and save harmless 20 the City of Saint Paul, its officers and employees from all suits, actions or claims of any character 21 brought as a result of injuries or damages received or sustained by any person,persons or 22 property on account of this vacation or petitioners' use of this property, including but not limited 23 to, a claim brought because of any act of omission, neglect, or misconduct of said petitioners or 24 because of any claims or liability arising from any violation of any law or regulation made in 25 accordance with the law, whether by the petitioners or any of their agents or employees. 26 27 14. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this 28 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution 29 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in 30 all respects with these terms and conditions. Yeas Nays Absent Benanav ✓ Requested by Department of: Blakey ✓ L Technology&Management Services Bostrom Coleman ✓ Harris ✓ By: Lantry ✓ irector Reiter ,✓ Form Approved by City Attorney fir 0 Adopted by Council: Date "'.k'Y* ,.S zeo O cam. By: �_� .�� ,A i r/ Adopti. ? rtified by Council Se retary \ By: Tk. _ - • ••ro e •y Mayor for S •mi.s.:n to r o . cil Approv- Mayor:- i. . iht ` 6 Air B �/ `�i ✓ � By: ' 1M Saint Paul, Minnesota November 12, 2002 To the Honorable,the City Council Saint Paul, Minnesota Dear Council Members: I,the undersigned petitioner, do hereby accept and agree to comply with the terms and conditions of Council File No. 02-902, adopted by the City Council on September 25, 2002, and approved by the Mayor on September 30, 2002. Council File # O . SUQ f \..i i d Resolution # Green Sheet # l a`ii RESOLUTION CITY OF SAINT PAUL, MINNES at .._icLi __- Presented By Referred To Committee: Date 1 2 Preliminary and Final Plat Approval for Deer Park West End 3 4 WHEREAS, John Kratz has submitted for City Council approval the attached preliminary and final plat for 5 subdivision of property at 843 and 847 Lexington Parkway S, west side at Albion, into 12 residential lots and 2 6 residential outlots for the development of Deer Park West End; and 7 8 WHEREAS, staff in appropriate City departments have reviewed the proposed plat and have found that it can meet 9 the requirements set forth in Saint Paul Legislative Code Chapter 67 provided that certain conditions recommended by 10 staff are incorporated into the plat; and 11 12 WHEREAS, notice of a public hearing on the proposed plat to be held before the City Council was duly published 13 in the official newspaper of the City, and notices of the public hearing were also mailed to each owner of affected 14 property including all property situated within 350 feet of the subject property; and 15 16 WHEREAS,the City Council conducted a public hearing on the proposed plat on May 22, 2002, where all 17 interested parties were given the opportunity to be heard and the Council considered all the facts and recommendations 18 concerning the plat; 19 20 NOW, THEREFORE, BE IT RESOLVED,that the City Council accepts and approves the attached preliminary 21 and final plat for Deer Park West End, at 843 and 847 Lexington Parkway S, subject to the following two conditions: 22 1. The preliminary and final plat approval is contingent upon City Council approval of the vacation of Albion 23 Street; and 24 2. The applicant shall file a copy of the Council Resolution approving the plat with the Ramsey County Recorder's 25 Office. 26 27 YPa,G Nayq AhsPnt RPnanav ✓ Requested by Department of: R7akay ✓ . Rnstrnm ✓ Planning & Economic Development ' ('n7aman J Narri s t✓ T a n t ry ✓ By. tSL�7N RPitPr 4.-/- Y Adopted by Council: Date ", 1 ��� rm Approved by City Attorney Adoption Certified by Council Secretary i -- 7.44141 By: Approved by Date( / _ ;�.1 + By: •�J '� loppV.roved by M- o, for Subs -si. • Council APO. Y• I - o �'c w 2 ^ -• - e v vZ Q e .3 Y' - • Y 2E C O -E•= G - _ _ _ Y g--2-3! .. cy - - 2 = - a ' v a I a c; N moo_ _ °a ii. _ 2 i o� =E z a C U o - t LA qQ ° _ - _ - 5 :° W n v v U o - w° um m ,-l Ea� n ui o S. ci e = 3m ° o-s - ate ' _ �A ur a wy a- oI = E - _ 8- 2.. 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(>2 C," r"'-' '' r? .--. . •• ,,- 44.0. _,4 ;� ,r�, +• ,j " n il J J.E OA .0,..• ej (15' Ari" 6,- •''' Cs '''''''' ' rn, -.., (. -,. .. ri, -.3 Lcs c-1) C.-' A `"?4 4,- \ \ r , ;',- 'tic ) ` �^,,. (.I, 4d �' -,� ..) . r / eV� ,•4 �, 0 J -\ \, •.-:-. 1. ,..:, e''' .. (.1.72' C: r:) (Z C.,''''.-7 r . P • ' e • 0 , _ . .:, E, \.. APPLICANT 2-O r r� � LEGEND - l ��-' ''PECK. ��1.411�i 1: ".T,._,_. zoning disIricl �3undar7 PURPOSE (� PI T Z -I ? -O ( /y.._..-/ s•J5'aoi prop' -n,,__ FILE _ DATE J PLUG. DIST /5.- P MAP ; S--- 0 ena family • A n co- -;r. z• �, 4 ,:,o family a - in�_'>.'i' - c.._ p���.,..„9c mac. -� �-- 9 (-',JI:ip!= lam. ,' Vaz q// d/f y/(' YY CITIZEN SERVICE OFFICE Donald J.Luna,City Clerk S [ PAAU NL T CITY OF SAINT PAUL 170 City Hall Tel.: 651-266-8989 Randy Kelly,Mayor 15 W.Kellogg Boulevard Fax: 651-266-8689 041 Saint Paul,Minnesota 55102 AAAA Nowie November 12, 2002 John Kratz 1424 Edgcumbe Road Saint Paul, MN 55116 Dear Mr. Kratz: Enclosed is a copy of Council File 02-902 which was adopted by the City Council on September 25, 2002. The resolution provides for the vacation of that part of Albion Avenue as more fully described in the attached resolution. Also included is an acceptance of the terms of the resolution which must be signed and returned here within 60 days of this letter. Sincerely, Shari Moore Deputy City Clerk cc: Valuation Engineer- Technology and Management Services File No. 01-2002 Enc. AA-ADA-EEO Employer Saint Paul, Minnesota November 12, 2002 To the Honorable,the City Council Saint Paul, Minnesota Dear Council Members: I,the undersigned petitioner, do hereby accept and agree to comply with the terms and conditions of Council File No. 02-902, adopted by the City Council on September 25, 2002, and approved by the Mayor on September 30, 2002. NOTICE OF PUBLIC HEARING Notice is hereby given that the petition of John Kratz for the vacation of part of Albion Avenue west of Lexington as more fully described on file and on record in the office of the City Clerk of Saint Paul, Minnesota, will be heard and considered by the Saint Paul City Council at a meeting to be held in the Council Chambers on the 3rd floor of City Hall and Court House on the 25th day of September, 2002 at 5 :30 P.M. Dated: August 29, 2002 Shari Moore Deputy City Clerk (September 5, 2002) SAINT PALL 041 Interdepartmental Memorandum AAAA CITY OF SAINT PAUL AUG o -. 9 %2 To: Shari Moore City Clerk's Office 170 City Hall From: Peter White Right of Way Engineer 140 City Hall Date: August 28, 2002 Subject: TMS Department Vacation File No. 01-2002 I recommend a public hearing before the City Council be held on September 25,2002 to consider a petition to vacate part of Albion Avenue west of Lexington. The purpose of the vacation is to facilitate development of multi-family housing. This property is located in City Council District 2, Planning District 3. The subject petition is in proper form and has been signed by the requisite number of property owners. • Notice of this hearing must be published in the Legal Ledger by September 5,2002. (0102date) • SAINT PAUL 01* *43i33 PETITION TO VACATE CITY INTEREST I(we),the undersigned,constituting a majority of the owners(or their legally designated representatives)of the abutting properties, do hereby petition the Council of the City of Saint Paul to vacate its interests in the property(ies)legally described as follows: The previously unvacated portion of unimproved Albion Avenue West of Lexington Parkway South, and that part of-the North-South alley lying west'of Lots 1 and 2, Hartman's Rearrangement and Lot 15, Block 19, West End Addition. I(we)request this vacation for the following reason(s). (Indicate whether you will be building on the site.) To facilitate the development of a 12-unit townhome cluster development. I(we)have attached six copies of the site plans of any development intended for construction on the lands to be vacated. Person(s) responsible for payment of vacation fee and for acceptance of the terms and conditions of Contact Person the vacation: Name: John Kratz Name: John Kratz Phone: 651-690-5360 Phone: 651-690-5360 Address: 1424 Edgcumbe Road Address: 1424 Edgcumbe Road St. Paul, MN 55116 St. Paul, MN 55116 Alternate Contact Person Name: Name: Phone: Phone: Address: Address: Name: Phone: Address: Name: Phone: Address: