03-400 (2) CITIZEN SERVICE OFFICE
Donald J.Luna,City Clerk
:AA'uNLT CITY OF SAINT AUL 170 City Hall Tel.: 651-266-8989
Randy Kelly,Mayor 15 W.Kellogg Boulevard Fax: 651-266-8689
Saint Paul,Minnesota 55102
AMR
June 30, 2003
Linda Murphy
Department of Public Works
Room 800, City Hall Annex
Dear Linda:
Please prepare prints showing the vacation of that part of Pullman Avenue in the City of St. Paul
as fully described in Council File 03-407.
Please be advised that the necessary acceptance and fee have been filed.
Sincerely,
Shari Moore
Deputy City Clerk
cc: Valuation Engineer, Technology and Management Services File No. 14-2002
AA-ADA-EEO Employer
Return copy to: Council File# 03 •v10o
IReal Estate Division I N A L
140 City Hall Green Sheet# 203979
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented By ,
Referred To Committee: Date
1 WHEREAS, on January 22, 2003 Council approved CF#03-57, which vacated the City's interest in
2 the North half of Pullman Avenue from White Bear Avenue to 140 feet East; and
3
4 WHEREAS, after discussions with the vacation petitioner, a revision to the property description is
s necessary; so
6
7 THEREFORE BE IT RESOLVED,that CF#03-57, which approved the above mentioned vacation,
8 is hereby rescinded; and
9
10 FURTHER RESOLVED,that a replacement resolution with the revised property description be
11 presented to the City Council for consideration.
Sky) ri
Yeas Nays Absent
Benanav ✓ Requested by Department of:
Blakey ✓ Technology & Management Services
Bostrom ✓
Coleman
Harris ✓ By: e y-70 03
Lan-try ✓ Director
Reiter �— Form Approved by City Attorney
/ I Adopted by Council: Date A �
, A �.� ��-\ By: - /''wY`e--- Y-�-��
Adoption Cer ified by Council Secretary
By: _ �. �, _ • .pro •. by Mayor for Sub '_.'on + Co
Approve• f ayor Date, - - -
y . -- 6 By: �I
I /
Return copy to: (jao) Council File# 03
Real Estate Division
140 City Hall fl R I Green Sheet# a03 g g
i 1 P InOL'UTR3N
CITY OF SAINT PAUL, MINNESOTA 3q
Presented By 6(raili
Referred To Committee: Date
1 BE IT RESOLVED, that, upon the petition of Todd Daddario, as documented in Real Estate Division
2 File Number 2002-14, public properties hereinafter described are hereby vacated and discontinued as
3 public property: The property to be vacated is described as follows:
4
5 The Pullman Avenue from the East line of White Bear Avenue to 125 feet East.
6
7 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the
8 Saint Paul Legislative Code as amended, and to the following conditions:
9
10 1. That the petitioner's, their successors and assigns shall pay$500.00 as an administrative fee for
11 this vacation which is due and payable within 60 days of the effective date of this resolution.
12
13 2. That a permanent utility easement shall be retained within the vacated area to protect the interest
14 of Qwest Communications, Inc.
15
16 3. That a permanent utility easement shall be retained on, over, under and across the vacated area on
17 behalf of the City of Saint Paul, Department of Public Works to reserve the right of the City to
18 maintain and operate any sewer in or upon said easement and to enter upon said easement or any
19 portion thereof at any time and from time to time, for the purposes of future construction,
20 reconstruction, inspecting, maintaining or repairing the same or any part thereof. Any
21 development or use of the property shall be subject to the following conditions:
22
23 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any
24 other objects that will prohibit normal access to utility facilities for maintenance purposes
25 will be permitted within the easement area.
26
27 b. Improvements in or upon the above described easement that do not prohibit the City from
28 exercising its reserved rights may be allowed by obtaining written permission from the
29 Department of Public Works Sewer Division with the understanding that the restoration
30 and costs of such improvements shall be the sole responsibility of the petitioner, its
31 successors and assigns in the event the City exercises its reserved easement rights.
32
33 c. No change from the existing grade within the easement area will be permitted without
34 written permission from the Depaitment of Public Works, Sewer Division.
35
36 d. No change in surfacing within the easement area will be permitted without written
37 permission from the Department of Public Works.
38
39 e. Existing sewers cannot be built over and sewer manholes must be kept at its current
40 grade. Any work to change the grade of the existing manhole must be done by a licensed
41 house drain contractor
42
1
2 03-4.0?
4 UNIU ; NAL
5
6
7 4. That the petitioners, their successors and assigns agree to indemnify, defend and save harmless
8 the City of Saint Paul, its officers and employees from all suits, actions or claims of any character
9 brought as a result of injuries or damages received or sustained by any person, persons or
10 property on account of this vacation or petitioners' use of this property, including but not limited
11 to, a claim brought because of any act of omission, neglect, or misconduct of said petitioners or
12 because of any claims or liability arising from any violation of any law or regulation made in
13 accordance with the law, whether by the petitioners or any of their agents or employees.
14
15 5. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this
16 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution
17 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in
18 all respects with these terms and conditions.
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
Yeas Nays Absent
Benanav ,/ Requested by Department of:
Blakey ,/ Technoloey & Management Services
Bostrom
Coleman
Harris By: 1-/-/S-03
Lantry ✓ j Director
Reiter ✓ Form Approved by City Attorney
rA
Adopted by Council: Date �,,_ 3 a� By: �i1 a v"e-'� '(f °7
Adoption Certified by Council Secretary .
By: �� -App . e i . Mayor for Sub► issi i. Co
Approve r ayor: 'Date -- jaw �'
Return copy to: (jao) Council File# 03 - 4459
Real Estate Division
140 City Hall fl R I f I nI A I Green Sheet# at3 i$ i
AEOLUTIYN
CITY OF SAINT PAUL, MINNESOTA 3q
i
Presented By
Referred To Committee: Date
1 BE IT RESOLVED, that, upon the petition of Todd Daddario, as documented in Real Estate Division
2 File Number 2002-14, public properties hereinafter described are hereby vacated and discontinued as
3 public property: The property to be vacated is described as follows:
4
5 The Pullman Avenue from the East line of White Bear Avenue to 125 feet East.
6
7 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the
8 Saint Paul Legislative Code as amended, and to the following conditions:
9
10 1. That the petitioner's, their successors and assigns shall pay$500.00 as an administrative fee for
11 this vacation which is due and payable within 60 days of the effective date of this resolution.
12
13 2. That a permanent utility easement shall be retained within the vacated area to protect the interest
14 of Qwest Communications, Inc.
15
16 3. That a permanent utility easement shall be retained on, over, under and across the vacated area on
17 behalf of the City of Saint Paul,Department of Public Works to reserve the right of the City to
18 maintain and operate any sewer in or upon said easement and to enter upon said easement or any
19 portion thereof at any time and from time to time, for the purposes of future construction,
20 reconstruction, inspecting, maintaining or repairing the same or any part thereof. Any
21 development or use of the property shall be subject to the following conditions:
22
23 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any
24 other objects that will prohibit normal access to utility facilities for maintenance purposes
25 will be permitted within the easement area.
26
27 b. Improvements in or upon the above described easement that do not prohibit the City from
28 exercising its reserved rights may be allowed by obtaining written permission from the
29 Department of Public Works Sewer Division with the understanding that the restoration
30 and costs of such improvements shall be the sole responsibility of the petitioner, its
31 successors and assigns in the event the City exercises its reserved easement rights.
32
33 c. No change from the existing grade within the easement area will be permitted without
34 written permission from the Department of Public Works, Sewer Division.
35
36 d. No change in surfacing within the easement area will be permitted without written
37 permission from the Department of Public Works.
38
39 e. Existing sewers cannot be built over and sewer manholes must be kept at its current
40 grade. Any work to change the grade of the existing manhole must be done by a licensed
41 house drain contractor
42
1
2 03-4,0?
4 �.,� rC 4 b d f 1A L
5
6
7 4. That the petitioners, their successors and assigns agree to indemnify, defend and save harmless
8 the City of Saint Paul, its officers and employees from all suits, actions or claims of any character
9 brought as a result of injuries or damages received or sustained by any person, persons or
10 property on account of this vacation or petitioners' use of this property, including but not limited
11 to, a claim brought because of any act of omission, neglect, or misconduct of said petitioners or
12 because of any claims or liability arising from any violation of any law or regulation made in.
13 accordance with the law, whether by the petitioners or any of their agents or employees.
14
15 5. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this
16 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution
17 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in
18 all respects with these terms and conditions.
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
Yeas Nays Absent
Benanav ,/ Requested by Department of:
Blakey ,/ Technology& Management Services
Bostrom
Coleman
Harris By: /r.L-e.,t, v�-� 1/-4.5=03
Lantry Lant ✓ Director
Reiter ✓ Form Approved by City Attorney
Adopted by Council: Date __ .,._:� a� By: aeliL' �'�"� 'll_ °7
Adoption Certified by Council Secretary
l
By: \ App . e i Mayor for Sub• issi i• is Co
Approvedi ayor: 'Date 5- - 411' , / /401r-d..
1
J
Return copy to: (jao) Council File# 03 — 409
Real Estate Division
140 City Hall (1 R I (` I N / I Green Sheet# c��.3 i g l
�� IIESOLUTION
CITY OF SAINT PAUL, MINNESOTA 3q
Presented By 4(akii Referred To Committee: Date
1 BE IT RESOLVED,that, upon the petition of Todd Daddario, as documented in Real Estate Division
2 File Number 2002-14, public properties hereinafter described are hereby vacated and discontinued as
3 public property: The property to be vacated is described as follows:
4
5 The Pullman Avenue from the East line of White Bear Avenue to 125 feet East.
6
7 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the
8 Saint Paul Legislative Code as amended, and to the following conditions:
9
10 1. That the petitioner's, their successors and assigns shall pay$500.00 as an administrative fee for
11 this vacation which is due and payable within 60 days of the effective date of this resolution.
12
13 2. That a permanent utility easement shall be retained within the vacated area to protect the interest
14 of Qwest Communications, Inc.
15
16 3. That a permanent utility easement shall be retained on, over, under and across the vacated area on
17 behalf of the City of Saint Paul, Department of Public Works to reserve the right of the City to
18 maintain and operate any sewer in or upon said easement and to enter upon said easement or any
19 portion thereof at any time and from time to time, for the purposes of future construction,
20 reconstruction, inspecting, maintaining or repairing the same or any part thereof. Any
21 development or use of the property shall be subject to the following conditions:
22
23 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any
24 other objects that will prohibit normal access to utility facilities for maintenance purposes
25 will be permitted within the easement area.
26
27 b. Improvements in or upon the above described easement that do not prohibit the City from
28 exercising its reserved rights may be allowed by obtaining written permission from the
29 Department of Public Works Sewer Division with the understanding that the restoration
30 and costs of such improvements shall be the sole responsibility of the petitioner, its
31 successors and assigns in the event the City exercises its reserved easement rights.
32
33 c. No change from the existing grade within the easement area will be permitted without
34 written permission from the Department of Public Works, Sewer Division.
35
36 d. No change in surfacing within the easement area will be permitted without written
37 permission from the Department of Public Works.
38
39 e. Existing sewers cannot be built over and sewer manholes must be kept at its current
40 grade. Any work to change the grade of the existing manhole must be done by a licensed
41 house drain contractor
42
1
2 03 jierl
4 �.� IrtII3HN � L
5
6
7 4. That the petitioners, their successors and assigns agree to indemnify, defend and save harmless
8 the City of Saint Paul, its officers and employees from all suits, actions or claims of any character
9 brought as a result of injuries or damages received or sustained by any person, persons or
10 property on account of this vacation or petitioners' use of this property, including but not limited
11 to, a claim brought because of any act of omission, neglect, or misconduct of said petitioners or
12 because of any claims or liability arising from any violation of any law or regulation made in.
13 accordance with the law, whether by the petitioners or any of their agents or employees.
14
15 5. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this
16 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution
17 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in
18 all respects with these terms and conditions.
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
Yeas Nays Absent
Benanav ,/ Requested by Department of:
Blakey ,/ Technology& Management Services
Bostrom
Coleman [
Harris ,� By: '/-/S-03
Lantry Director
Reiter ✓ Form Approved by City Attorney
Adopted by Council: Date s By: ,L' a tee-- -!l_ 0 7
Adoption Certified by Council Secretary
By: el Mayor for Sub, issii •. Co ;'/
Approved�'r ayor: 'Date s- — A0,
By: / /
•
Return copy to: (jao) Council File# 03 - 4,49
Real Estate Division
140 City Hall (� R I (` I \l ,!� ! Green Sheet# aW i
t`J i
FiE'SOLUTION
CITY OF SAINT PAUL, MINNESOTA 3q
Presented By i
Referred To Committee: Date
1 BE IT RESOLVED, that, upon the petition of Todd Daddario, as documented in Real Estate Division
2 File Number 2002-14, public properties hereinafter described are hereby vacated and discontinued as
3 public property: The property to be vacated is described as follows:
4
5 The Pullman Avenue from the East line of White Bear Avenue to 125 feet East.
6
7 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the
8 Saint Paul Legislative Code as amended, and to the following conditions:
9
10 1. That the petitioner's, their successors and assigns shall pay$500.00 as an administrative fee for
11 this vacation which is due and payable within 60 days of the effective date of this resolution.
12
13 2. That a permanent utility easement shall be retained within the vacated area to protect the interest
14 of Qwest Communications, Inc.
15
16 3. That a permanent utility easement shall be retained on, over, under and across the vacated area on
17 behalf of the City of Saint Paul, Department of Public Works to reserve the right of the City to
18 maintain and operate any sewer in or upon said easement and to enter upon said easement or any
19 portion thereof at any time and from time to time, for the purposes of future construction,
20 reconstruction, inspecting, maintaining or repairing the same or any part thereof. Any
21 development or use of the property shall be subject to the following conditions:
22
23 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any
24 other objects that will prohibit normal access to utility facilities for maintenance purposes
25 will be permitted within the easement area.
26
27 b. Improvements in or upon the above described easement that do not prohibit the City from
28 exercising its reserved rights may be allowed by obtaining written permission from the
29 Department of Public Works Sewer Division with the understanding that the restoration
30 and costs of such improvements shall be the sole responsibility of the petitioner, its
31 successors and assigns in the event the City exercises its reserved easement rights.
32
33 c. No change from the existing grade within the easement area will be permitted without
34 written permission from the Department of Public Works, Sewer Division.
35
36 d. No change in surfacing within the easement area will be permitted without written
37 permission from the Department of Public Works.
38
39 e. Existing sewers cannot be built over and sewer manholes must be kept at its current
40 grade. Any work to change the grade of the existing manhole must be done by a licensed
41 house drain contractor
42
1
2 03-4,07
4 113 IN ML
5
6
7 4. That the petitioners, their successors and assigns agree to indemnify, defend and save harmless
8 the City of Saint Paul, its officers and employees from all suits, actions or claims of any character
9 brought as a result of injuries or damages received or sustained by any person, persons or
10 property on account of this vacation or petitioners' use of this property, including but not limited
11 to, a claim brought because of any act of omission, neglect, or misconduct of said petitioners or
12 because of any claims or liability arising from any violation of any law or regulation made in.
13 accordance with the law, whether by the petitioners or any of their agents or employees.
14
15 5. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this
16 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution
17 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in
18 all respects with these terms and conditions.
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
Yeas Nays Absent
Benanav ,/ Requested by Department of:
Blakey / Technology & Management Services
Bostrom
Coleman
Harris J By: Ale -wt.,, 1-/-45--03
Lantry ✓ Director
Reiter ✓ Form Approved by City Attorney
o
Adopted by Council: Date a� By: AK. 0 7
Adoption Certified by Council Secretary
By: Appr. e i Mayor for Sub• isms. .1 Co
Approve ayor: 'Date s- — j`
Y• A r. • LL..•&',/4P-0.
Lzi
Return copy to: (jao) Council File# 03 -
Real Estate Division
140 City Hall OR I f I N A I Green Sheet# 00 i t l
RSOL UTIo-N
CITY OF SAINT PAUL, MINNESOTA 3g
Presented By 461)11
Referred To Committee: Date
1 BE IT RESOLVED, that, upon the petition of Todd Daddario, as documented in Real Estate Division
2 File Number 2002-14, public properties hereinafter described are hereby vacated and discontinued as
3 public property: The property to be vacated is described as follows:
4
5 The Pullman Avenue from the East line of White Bear Avenue to 125 feet East.
6
7 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the
8 Saint Paul Legislative Code as amended, and to the following conditions:
9
10 1. That the petitioner's, their successors and assigns shall pay$500.00 as an administrative fee for
11 this vacation which is due and payable within 60 days of the effective date of this resolution.
12
13 2. That a permanent utility easement shall be retained within the vacated area to protect the interest
14 of Qwest Communications, Inc.
15
16 3. That a permanent utility easement shall be retained on, over, under and across the vacated area on
17 behalf of the City of Saint Paul,Department of Public Works to reserve the right of the City to
18 maintain and operate any sewer in or upon said easement and to enter upon said easement or any
19 portion thereof at any time and from time to time, for the purposes of future construction,
20 reconstruction, inspecting, maintaining or repairing the same or any part thereof. Any
21 development or use of the property shall be subject to the following conditions:
22
23 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any
24 other objects that will prohibit normal access to utility facilities for maintenance purposes
25 will be permitted within the easement area.
26
27 b. Improvements in or upon the above described easement that do not prohibit the City from
28 exercising its reserved rights may be allowed by obtaining written permission from the
29 Depailinent of Public Works Sewer Division with the understanding that the restoration
30 and costs of such improvements shall be the sole responsibility of the petitioner, its
31 successors and assigns in the event the City exercises its reserved easement rights.
32
33 c. No change from the existing grade within the easement area will be permitted without
34 written permission from the Department of Public Works, Sewer Division.
35
36 d. No change in surfacing within the easement area will be permitted without written
37 permission from the Department of Public Works.
38
39 e. Existing sewers cannot be built over and sewer manholes must be kept at its current
40 grade. Any work to change the grade of the existing manhole must be done by a licensed
41 house drain contractor
42
1
2 03-407
rl
3 tl 1 r, l i1 1 AI
4 $ rciRiiN /-\ L
5
6
7 4. That the petitioners, their successors and assigns agree to indemnify, defend and save harmless
8 the City of Saint Paul, its officers and employees from all suits, actions or claims of any character
9 brought as a result of injuries or damages received or sustained by any person, persons or
10 property on account of this vacation or petitioners' use of this property, including but not limited
11 to, a claim brought because of any act of omission, neglect, or misconduct of said petitioners or
12 because of any claims or liability arising from any violation of any law or regulation made in.
13 accordance with the law, whether by the petitioners or any of their agents or employees.
14
15 5. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this
16 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution
17 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in
18 all respects with these terms and conditions.
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
Yeas Nays Absent
Benanav ,/ Requested by Department of:
Blakey ,/ Technology & Management Services
Bostrom
Coleman
Harris L.-- By: L,L, .--W-=-,- d L/-/S--03
Lantry ✓ Director
Reiter ✓ Form Approved by City Attorney
Adopted by Council: Date . a By: 4111 a "� Y'1.T_ 6 7
Adoption Certified by Council Secretary
By: 'App • e Mayor for Sub• issi.• .. Co
Approves ayor: 'Date s- — •
CITY OF ST.PAUL RECEIPT # 150271
CASH RECEIPT PAGE 1
PREPARED BY: YANEZ ENTRY.DATE 06/10/03 I
DEPARTMENT: EXECUTIVE ADMINISTRATION DEPOSIT DATE: 06/10/01
ACCOUNT REFERENCE DEBIT CREDIT QTY
001*01300*2833 500.00
VACATION OF STREET
KIM DADDARIO CK# 6489
COUNCIL FILE # 03-407
APPROVED 5/1/03
TOTAL CASH: 500 . 00
RECEIVED BY TREASURY: 1
REPLACES TEMPORARY RECE T # : I
i
I
Aetna'copy to: (jao) Council File# 0 24..
Real Estate Division
140 City Hall Green Sheet# :+ 3398
CITY OF SAINT PAUL, MINNESOTA 3q
Presented By ‘1,AAI
Referred To Committee: Date
1 BE IT RESOLVED,that,upon the petition of Todd Daddario,as documented in Real Estate Division
2 File Number 2002-14,public properties hereinafter described are hereby vacated and discontinued as
3 public property: The property to be vacated is described as follows:
4
5 The Pullman Avenue from the East line of White Bear Avenue to 125 feet East.
6
7 This vacation shall be subject to the terms and condition of Chapter 130,codified March 1, 1981,of the
8 Saint Paul Legislative Code as amended, and to the following conditions:
9
10 1. That the petitioner's,their successors and assigns shall pay$500.00 as an administrative fee for
11 this vacation which is due and payable within 60 days of the effective date of this resolution.
12
13 2. That a permanent utility easement shall be retained within the vacated area to protect the interest
14 of Qwest Communications,Inc.
15
16 3. That a permanent utility easement shall be retained on,over,under and across the vacated area on
17 behalf of the City of Saint Paul,Department of Public Works to reserve the right of the City to
18 maintain and operate any sewer in or upon said easement and to enter upon said easement or any
19 portion thereof at any time and from time to time,for the purposes of future construction,
20 reconstruction,inspecting,maintaining or repairing the same or any part thereof. Any
21 development or use of the property shall be subject to the following conditions:
22
23 a. No buildings,structures,trees or any temporary structure,material storage,fixture,or any
24 other objects that will prohibit normal access to utility facilities for maintenance purposes
25 will be permitted within the easement area.
26
27 b. Improvements in or upon the above described easement that do not prohibit the City from
28 exercising its reserved rights may be allowed by obtaining written permission from the
29 Department of Public Works Sewer Division with the understanding that the restoration
30 and costs of such improvements shall be the sole responsibility of the petitioner, its
31 successors and assigns in the event the City exercises its reserved easement rights.
32
33 c. No change from the existing grade within the easement area will be permitted without
34 written permission from the Department of Public Works, Sewer Division.
35
36 d. No change in surfacing within the easement area will be permitted without written
37 permission from the Department of Public Works.
38
39 e. Existing sewers cannot be built over and sewer manholes must be kept at its current
40 grade. Any work to change the grade of the existing manhole must be done by a licensed
41 house drain contractor
42
mil'
2 p3«4.0?
3 ORIGINAL
4
5
6
7 4. That the petitioners,their successors and assigns agree to indemnify,defend and save harmless
8 the City of Saint Paul,its officers and employees from all suits, actions or claims of any character
9 brought as a result of injuries or damages received or sustained by any person,persons or
10 property on account of this vacation or petitioners' use of this property,including but not limited
11 to,a claim brought because of any act of omission,neglect, or misconduct of said petitioners or
12 because of any claims or liability arising from any violation of any law or regulation made is
13 accordance with the law,whether by the petitioners or any of their agents or employees.
14
15 5. That the petitioners,their successors and assigns shall,within 60 days of the effective date of this
16 resolution,file with the City Clerk an acceptance in writing of the conditions of this resolution
17 and shall,within the period(s) specified in the terms and conditions of this resolution,comply in
18 all respects with these terms and conditions.
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
Nays Absent
I Benanav I Requested by Department of:
Blakey Technology&Management Servi
Bostrom
Coleman
Harris By: 4'-/3 -C3
Lanny j v Director
Reiter ✓ 0 Form Approved by City Attorney
Adopted by Council: Date T�15t,:.1 a 3 3,9_3 By: ,1 li _N Y_t'r 0 7
Adoption Certified by Council Secretary '
By: ■A _ - __ •pp . - i •, Mayor for Sub. 1 . is Co a Approves . ayor:'Date �- f .`/ 4rf
- prop■-/APrors--- -,...40( ev-
i .
I \
, ___
Saint Paul, Minnesota
May 23, 2003
To the Honorable, the City Council
Saint Paul, Minnesota
Dear Council Members:
I/We, the undersigned petitioner(s), hereby accept and agree to comply with the terms and
conditions of Council File No.03-407, adopted by the City Council on April 23rd, 2003, and
approved by the Mayor on May 1st, 2003 .
V4. 0A2(:):< 9_10
6>
i
AA-ADA-EEO Employer
Return copy to: (jao) Council File# O 2 — 01
Real Estate Division
140 City Hall O Green Sheet# s+Q'}i t
11
CITY OF SAINT PAUL, MINNESOTA 3�
Presented By 6K—iiti 01°4
Referred To Committee: Date
1 BE IT RESOLVED,that,upon the petition of Todd Daddario,as documented in Real Estate Division
2 File Number 2002-14,public properties hereinafter described are hereby vacated and discontinued as
3 public property: The property to be vacated is described as follows:
4
5 The Pullman Avenue from the East line of White Bear Avenue to 125 feet East.
6
7 This vacation shall be subject to the terms and condition of Chapter 130,codified March 1, 1981,of the
8 Saint Paul Legislative Code as amended, and to the following conditions:
9
10 1. That the petitioner's,their successors and assigns shall pay$500.00 as an administrative fee for
11 this vacation which is due and payable within 60 days of the effective date of this resolution.
12
13 2. That a permanent utility easement shall be retained within the vacated area to protect the interest
14 of Qwest Communications, Inc.
15
16 3. That a permanent utility easement shall be retained on,over,under and across the vacated area on
17 behalf of the City of Saint Paul,Department of Public Works to reserve the right of the City to
18 maintain and operate any sewer in or upon said easement and to enter upon said easement or any
19 portion thereof at any time and from time to time,for the purposes of future construction,
20 reconstruction,inspecting,maintaining or repairing the same or any part thereof. Any
21 development or use of the property shall be subject to the following conditions:
22
23 a. No buildings,structures,trees or any temporary structure,material storage,fixture, or any
24 other objects that will prohibit normal access to utility facilities for maintenance purposes
25 will be permitted within the easement area.
26
27 b. Improvements in or upon the above described easement that do not prohibit the City from
28 exercising its reserved rights may be allowed by obtaining written permission from the
29 Department of Public Works Sewer Division with the understanding that the restoration
30 and costs of such improvements shall be the sole responsibility of the petitioner, its
31 successors and assigns in the event the City exercises its reserved easement rights.
32
33 c. No change from the existing grade within the easement area will be permitted without
34 written permission from the Department of Public Works, Sewer Division.
35
36 d. No change in surfacing within the easement area will be permitted without written
37 permission from the Department of Public Works.
38
39 e. Existing sewers cannot be built over and sewer manholes must be kept at its current
40 grade. Any work to change the grade of the existing manhole must be done by a licensed
41 house drain contractor
42
1
2 03.46i
3 ORIGINAL
4
5
6
7 4. That the petitioners,their successors and assigns agree to indemnify,defend and save harmless
8 the City of Saint Paul,its officers and employees from all suits, actions or claims of any character
9 brought as a result of injuries or damages received or sustained by any person,persons or
10 property on account of this vacation or petitioners' use of this property,including but not limited
11 to, a claim brought because of any act of omission,neglect,or misconduct of said petitioners or
12 because of any claims or liability arising from any violation of any law or regulation made in
13 accordance with the law,whether by the petitioners or any of their agents or employees.
14
15 5. That the petitioners,their successors and assigns shall,within 60 days of the effective date of this
16 resolution,file with the City Clerk an acceptance in writing of the conditions of this resolution
17 and shall,within the period(s) specified in the terms and conditions of this resolution,comply in
18 all respects with these terms and conditions.
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
Yeas Nays Absent _
Benanav (/ Requested by Department of:
Blakey ,/ Technology&Management Services
Bostrom ,i
Coleman
Harris ,� By: L/-/S-03
Lawry ✓ Director
Reiter ✓ Form Approved by City Attorney
JI 0
Adopted by Council: Date_,.,...:1 Q 3 a By: 4I fL 1144440---N y-a-a 7
Adoption Certified by Council Secretary
By: ■■ _ _. .- li, _ — •pp . i •, Mayor for Sub• 1. 1. Co di
Approves ► j ayor:'Date �- ,� ��/ 4.11i/
# \
i .
, _
NOTICE OF PUBLIC HEARING
Notice is hereby given that the petition of Todd Doddario for the
vacation of that part of Pullman Avenue 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 23rd day of
April, 2003 at 5 :30 P.M.
Dated: April 1, 2003
Shari Moore
Deputy City Clerk
(April 3 , 2003)
SAINT
PAUL Interdepartmental Memorandum
141 CITY OF SAINT PAUL
AAA%
To: All Council Members
From: Peter White '''th-1
Right of Way Engineer
140 City Hall
Date: March 24, 2003
Subject: TMS Deptartment Vacation File N9...g.9444
I recommend a public hearing before the City Council be held on April 23, 2003
The purpose of this vacation is to vacate the City's interest in Pullman Avenue from White Bear to
125 feet east for green space and driveway purposes.
This property is located in City Council District 7, Planning District 1
cc: Shari Moore, City Clerk's Office (for publication)
(200214hr.date2)
CITIZEN SERVICE OFFICE
Donald J.Luna,City Clerk
S A
S
PAUL CITY OF SAINT PAUL 170 City Hall Tel.: 651-266-8989
4 Randy Kelly,Mayor 15 W.Kellogg Boulevard Fax: 651-266-8689
Saint Paul,Minnesota 55102
AIM
February 26, 2003
Todd Doddario
4 White Bear Avenue North
Saint Paul, MN 55106
Dear Mr. Doddario:
Enclosed is a copy of Council File 03-57 which was adopted by the City Council on January 22,
2003. The resolution provides for the vacation of that part of Pullman 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
along with the $500.00 administrative fee within 60 days of the passage of the resolution.
Sincerely,
Shari Moore
Deputy City Clerk
cc: Valuation Engineer- Technology and Management Services File No. 14-2002
Enc.
AA-ADA-EEO Employer
Saint Paul, Minnesota
February 26, 2003
To the Honorable, the City Council
Saint Paul, Minnesota
Dear Council Members:
I/We, the undersigned petitioner/s, hereby accept and agree to comply with the terms and
conditions of Council File No. 03-57, adopted by the City Council on January 22, 2003, and
approved by the Mayor on January 28, 2003.
Return coPy to: (jao) Council File# 4 3 Sr?
Real Estate Division
140 City Hall Green Sheet# k\343
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA y‘
Presented By
Referred To 1 Committee: Date
1 BE IT RESOLVED,that, upon the petition of Todd Daddario, as documented in Real Estate Division
2 File Number 2002-14, public properties hereinafter described are hereby vacated and discontinued as
3 public property: The property to be vacated is described as follows:
4
5 The North 1/s of Pullman Avenue from the East line of White Bear Avenue to 140 feet East.
6
7 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the
8 Saint Paul Legislative Code as amended, and to the following conditions:
9
10 1. That the petitioner's, their successors and assigns shall pay$500.00 as an administrative fee for
11 this vacation which is due and payable within 60 days of the effective date of this resolution.
12
13 2. That a permanent utility easement shall be retained within the vacated area to protect the interest
14 of Qwest Communications, Inc.
15
16 3. That a permanent utility easement shall be retained on, over, under and across the vacated area on
17 behalf of the City of Saint Paul, Department of Public Works to reserve the right of the City to
18 maintain and operate any sewer in or upon said easement and to enter upon said easement or any
19 portion thereof at any time and from time to time, for the purposes of future construction,
20 reconstruction, inspecting, maintaining or repairing the same or any part thereof. Any
21 development or use of the property shall be subject to the following conditions:
22
23 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any
24 other objects that will prohibit normal access to utility facilities for maintenance purposes
25 will be permitted within the easement area.
26
27 b. Improvements in or upon the above described easement that do not prohibit the City from
28 exercising its reserved rights may be allowed by obtaining written permission from the
29 Department of Public Works Sewer Division with the understanding that the restoration
30 and costs of such improvements shall be the sole responsibility of the petitioner, its
31 successors and assigns in the event the City exercises its reserved easement rights.
32
33 c. No change from the existing grade within the easement area will be permitted without
34 written permission from the Department of Public Works, Sewer Division.
35
36 d. No change in surfacing within the easement area will be permitted without written
37 permission from the Department of Public Works.
38
39 e. Existing sewers cannot be built over and sewer manholes must be kept at its current
40 grade. Any work to change the grade of the existing manhole must be done by a licensed
41 house drain contractor
42
• 1
2
3 Oa — s'?
4
5
6
7 4. That the petitioners, their successors and assigns agree to indemnify, defend and save harmless
8 the City of Saint Paul, its officers and employees from all suits, actions or claims of any character
9 brought as a result of injuries or damages received or sustained by any person, persons or
10 property on account of this vacation or petitioners' use of this property, including but not limited
11 to, a claim brought because of any act of omission, neglect, or misconduct of said petitioners or
12 because of any claims or liability arising from any violation of any law or regulation made in
13 accordance with the law, whether by the petitioners or any of their agents or employees.
14
15 5. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this
16 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution
17 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in
18 all respects with these terms and conditions.
19
20
21
22
23
24
25
26
27 '
28
29
30
31
32
33
Yeas Nays Absent
Benanav ,/ Requested by Department of:
Blakey ✓ Technology& Management Services
Bostrom l
Coleman ,� r I— -c%>
Harris ✓ By: f4 ,\, ,.'1-1 1-/-1"2--f-',--\
Lantry V F i J Director
Reiter Form Approved by City Attorney
R o o ` /
Adopted by Council: Date �o,N.. �... �.f o� By: i� !.-� -- i—--) - . 3
Adoption Certified by Council'S�cretar
P y
By: h■ . lb. Apo o I :'• by Mayor fo "u y.'sion • Council
Approv i l;y Mayor: Date ;/a r; '�•
- , V/zt/i,6 4 A.__. id
Or
l
Return cop! to: (jao) Council File# q a -
Real Estate Division
140 City Hall Green Sheet# ‘‘3c.,y 3
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA y■
Presented By6S(3/&)
Referred To Committee: Date
1 BE IT RESOLVED,that, upon the petition of Todd Daddario, as documented in Real Estate Division
2 File Number 2002-14, public properties hereinafter described are hereby vacated and discontinued as
3 public property: The property to be vacated is described as follows:
4
5 The North ' of Pullman Avenue from the East line of White Bear Avenue to 140 feet East.
6
7 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the
8 Saint Paul Legislative Code as amended, and to the following conditions:
9
10 1. That the petitioner's,their successors and assigns shall pay$500.00 as an administrative fee for
11 this vacation which is due and payable within 60 days of the effective date of this resolution.
12
13 2. That a permanent utility easement shall be retained within the vacated area to protect the interest
14 of Qwest Communications, Inc.
15
16 3. That a permanent utility easement shall be retained on, over, under and across the vacated area on
17 behalf of the City of Saint Paul, Department of Public Works to reserve the right of the City to
18 maintain and operate any sewer in or upon said easement and to enter upon said easement or any
19 portion thereof at any time and from time to time, for the purposes of future construction,
20 reconstruction, inspecting, maintaining or repairing the same or any part thereof. Any
21 development or use of the property shall be subject to the following conditions:
22
23 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any
24 other objects that will prohibit normal access to utility facilities for maintenance purposes
25 will be permitted within the easement area.
26
27 b. Improvements in or upon the above described easement that do not prohibit the City from
28 exercising its reserved rights may be allowed by obtaining written permission from the
29 Department of Public Works Sewer Division with the understanding that the restoration
30 and costs of such improvements shall be the sole responsibility of the petitioner, its
31 successors and assigns in the event the City exercises its reserved easement rights.
32
33 c. No change from the existing grade within the easement area will be permitted without
34 written permission from the Department of Public Works, Sewer Division.
35
36 d. No change in surfacing within the easement area will be permitted without written
37 permission from the Department of Public Works.
38
39 e. Existing sewers cannot be built over and sewer manholes must be kept at its current
40 grade. Any work to change the grade of the existing manhole must be done by a licensed
41 house drain contractor
42
. 1
2
3 p3 - srl
4
5
6
7 4. That the petitioners, their successors and assigns agree to indemnify, defend and save harmless
8 the City of Saint Paul, its officers and employees from all suits, actions or claims of any character
9 brought as a result of injuries or damages received or sustained by any person, persons or
10 property on account of this vacation or petitioners' use of this property, including but not limited
11 to, a claim brought because of any act of omission, neglect, or misconduct of said petitioners or
12 because of any claims or liability arising from any violation of any law or regulation made in
13 accordance with the law, whether by the petitioners or any of their agents or employees.
14
15 5. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this
16 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution
17 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in
18 all respects with these terms and conditions.
19
20
21
22
23
24
25
26
27 ,
28
29
30
31
32
33
Yeas Nays Absent
Benanav ,✓' Requested by Department of:
Blakey ✓ Technolo2v & Management Services
Bostrom ,l _
Coleman ,, ' J
Harris ✓ By: 4 'Zr��-�
Lantry Director
Reiter ✓ Form Approved by City Attorney
Adopted by Council: Date o.,�. a.A o� By: i� !fA- -- 1-1 3
Adoption Certified by Council cretar
�, y
By: �I. J • ': AID? fa •• by Mayor fo 'u y'..sion • Council
Approv a ty Mayor: D/a:te __ /./,7 --;e7- . / ' / /
( ,_ /
r ir
Return cope to: (jao4 Council File# Q 3 -Si
Real Estate Division
140 City Hall Green Sheet# k,3 p y 3
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA y\
Presented By fit
Referred To ! Committee: Date
1 BE IT RESOLVED, that, upon the petition of Todd Daddario, as documented in Real Estate Division
2 File Number 2002-14, public properties hereinafter described are hereby vacated and discontinued as
3 public property: The property to be vacated is described as follows:
4
5 The North lh of Pullman Avenue from the East line of White Bear Avenue to 140 feet East.
6
7 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the
8 Saint Paul Legislative Code as amended, and to the following conditions:
9
10 1. That the petitioner's, their successors and assigns shall pay$500.00 as an administrative fee for
11 this vacation which is due and payable within 60 days of the effective date of this resolution.
12
13 2. That a permanent utility easement shall be retained within the vacated area to protect the interest
14 of Qwest Communications, Inc.
15
16 3. That a permanent utility easement shall be retained on, over, under and across the vacated area on
17 behalf of the City of Saint Paul, Department of Public Works to reserve the right of the City to
18 maintain and operate any sewer in or upon said easement and to enter upon said easement or any
19 portion thereof at any time and from time to time, for the purposes of future construction,
20 reconstruction, inspecting, maintaining or repairing the same or any part thereof. Any
21 development or use of the property shall be subject to the following conditions:
22
23 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any
24 other objects that will prohibit normal access to utility facilities for maintenance purposes
25 will be permitted within the easement area.
26
27 b. Improvements in or upon the above described easement that do not prohibit the City from
28 exercising its reserved rights may be allowed by obtaining written permission from the
29 Department of Public Works Sewer Division with the understanding that the restoration
30 and costs of such improvements shall be the sole responsibility of the petitioner, its
31 successors and assigns in the event the City exercises its reserved easement rights.
32
33 c. No change from the existing grade within the easement area will be permitted without
34 written permission from the Department of Public Works, Sewer Division.
35
36 d. No change in surfacing within the easement area will be permitted without written
37 permission from the Department of Public Works.
38
39 e. Existing sewers cannot be built over and sewer manholes must be kept at its current
40 grade. Any work to change the grade of the existing manhole must be done by a licensed
41 house drain contractor
42
1
2
3 Sr?
4
5
6
7 4. That the petitioners, their successors and assigns agree to indemnify, defend and save harmless
8 the City of Saint Paul, its officers and employees from all suits, actions or claims of any character
9 brought as a result of injuries or damages received or sustained by any person, persons or
10 property on account of this vacation or petitioners' use of this property, including but not limited
11 to, a claim brought because of any act of omission, neglect, or misconduct of said petitioners or
12 because of any claims or liability arising from any violation of any law or regulation made in
13 accordance with the law, whether by the petitioners or any of their agents or employees.
14
15 5. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this
16 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution
17 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in
18 all respects with these terms and conditions.
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
Yeas Nays Absent
Benanav ,/ Requested by Department of:
Blakey ✓ Technology & Management Services
Bostrom r _
Coleman
Harris ✓ By: t-(. ,t, -�
Lantry _ Director
Reiter ✓ Form Approved by City Attorney
� 0 0
Adopted by Council: Date By: ,� G� — /-� - Y J
Adoption Certified by Council cretary
By: y Ap. •• by Mayor fo 'u ••.sion • Council
Approv i ay Mayor: Date
y' Bt — �
Return cope to: (jao) Council File# Q 3 -Si
Real Estate Division
140 City Hall Green Sheet# \\3p y3
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented By
c
Referred To ) Committee: Date
1 BE IT RESOLVED, that, upon the petition of Todd Daddario, as documented in Real Estate Division
2 File Number 2002-14, public properties hereinafter described are hereby vacated and discontinued as
3 public property: The property to be vacated is described as follows:
4
5 The North V2 of Pullman Avenue from the East line of White Bear Avenue to 140 feet East.
6
7 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the
8 Saint Paul Legislative Code as amended, and to the following conditions:
9
10 1. That the petitioner's, their successors and assigns shall pay$500.00 as an administrative fee for
11 this vacation which is due and payable within 60 days of the effective date of this resolution.
12
13 2. That a permanent utility easement shall be retained within the vacated area to protect the interest
14 of Qwest Communications, Inc.
15
16 3. That a permanent utility easement shall be retained on, over, under and across the vacated area on
17 behalf of the City of Saint Paul, Department of Public Works to reserve the right of the City to
18 maintain and operate any sewer in or upon said easement and to enter upon said easement or any
19 portion thereof at any time and from time to time, for the purposes of future construction,
20 reconstruction, inspecting, maintaining or repairing the same or any part thereof. Any
21 development or use of the property shall be subject to the following conditions:
22
23 a. No buildings, structures,trees or any temporary structure, material storage, fixture, or any
24 other objects that will prohibit normal access to utility facilities for maintenance purposes
25 will be permitted within the easement area.
26
27 b. Improvements in or upon the above described easement that do not prohibit the City from
28 exercising its reserved rights may be allowed by obtaining written permission from the
29 Department of Public Works Sewer Division with the understanding that the restoration
30 and costs of such improvements shall be the sole responsibility of the petitioner, its
31 successors and assigns in the event the City exercises its reserved easement rights.
32
33 c. No change from the existing grade within the easement area will be permitted without
34 written permission from the Department of Public Works, Sewer Division.
35
36 d. No change in surfacing within the easement area will be permitted without written
37 permission from the Department of Public Works.
38
39 e. Existing sewers cannot be built over and sewer manholes must be kept at its current
40 grade. Any work to change the grade of the existing manhole must be done by a licensed
41 house drain contractor
42
1
2
3 pa - srl
4
5
6
7 4. That the petitioners, their successors and assigns agree to indemnify, defend and save harmless
8 the City of Saint Paul, its officers and employees from all suits, actions or claims of any character
9 brought as a result of injuries or damages received or sustained by any person, persons or
10 property on account of this vacation or petitioners' use of this property, including but not limited
11 to, a claim brought because of any act of omission, neglect, or misconduct of said petitioners or
12 because of any claims or liability arising from any violation of any law or regulation made in
13 accordance with the law, whether by the petitioners or any of their agents or employees.
14
15 5. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this
16 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution
17 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in
18 all respects with these terms and conditions.
19
20
21
22
23
24
25
26
27 ,
28
29
30
31
32
33
Yeas Nays Absent
Benanav ,✓ Requested by Department of:
Blakey ✓ . Technology & Management Services
Bostrom ,l
Coleman ,, ,' I — v>
J
Harris �- By: .�`� x'4,,Z ' '1ir'ti+.--
Lantry e (. Director
Reiter Form Approved by City Attorney
o 0
Adopted by Council: Date o.,Y.. a.� �,f,o� By: /1, G-��- -- -7 - J
Adoption Certified by Council cretar
y
By: �. _ /) App , :• by Mayor fo 'u y' sion • Council
Approv i yy Mayor: Date -Tr, �
y. / � � .�. B : A 4.B .., ,,,„„____/„.,/,
/ y
f y
Return coPy to: (jao) Council File# Q 3 -si
Real Estate Division
140 City Hall Green Sheet# k‘,3 p y 3
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA y\
Presented By 41A,
Referred To / Committee: Date
1 BE IT RESOLVED, that, upon the petition of Todd Daddario, as documented in Real Estate Division
2 File Number 2002-14, public properties hereinafter described are hereby vacated and discontinued as
3 public property: The property to be vacated is described as follows:
4
5 The North 1/2 of Pullman Avenue from the East line of White Bear Avenue to 140 feet East.
6
7 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the
8 Saint Paul Legislative Code as amended, and to the following conditions:
9
10 1. That the petitioner's, their successors and assigns shall pay$500.00 as an administrative fee for
11 this vacation which is due and payable within 60 days of the effective date of this resolution.
12
13 2. That a permanent utility easement shall be retained within the vacated area to protect the interest
14 of Qwest Communications, Inc.
15
16 3. That a permanent utility easement shall be retained on, over, under and across the vacated area on
17 behalf of the City of Saint Paul, Department of Public Works to reserve the right of the City to
18 maintain and operate any sewer in or upon said easement and to enter upon said easement or any
19 portion thereof at any time and from time to time, for the purposes of future construction,
20 reconstruction, inspecting, maintaining or repairing the same or any part thereof. Any
21 development or use of the property shall be subject to the following conditions:
22
23 a. No buildings, structures,trees or any temporary structure, material storage, fixture, or any
24 other objects that will prohibit normal access to utility facilities for maintenance purposes
25 will be permitted within the easement area.
26
27 b. Improvements in or upon the above described easement that do not prohibit the City from
28 exercising its reserved rights may be allowed by obtaining written permission from the
29 Department of Public Works Sewer Division with the understanding that the restoration
30 and costs of such improvements shall be the sole responsibility of the petitioner, its
31 successors and assigns in the event the City exercises its reserved easement rights.
32
33 c. No change from the existing grade within the easement area will be permitted without
34 written permission from the Department of Public Works, Sewer Division.
35
36 d. No change in surfacing within the easement area will be permitted without written
37 permission from the Department of Public Works.
38
39 e. Existing sewers cannot be built over and sewer manholes must be kept at its current
40 grade. Any work to change the grade of the existing manhole must be done by a licensed
41 house drain contractor
42
. .
1
2
3 pa - Stj
4
5
6
7 4. That the petitioners, their successors and assigns agree to indemnify, defend and save harmless
8 the City of Saint Paul, its officers and employees from all suits, actions or claims of any character
9 brought as a result of injuries or damages received or sustained by any person, persons or
10 property on account of this vacation or petitioners' use of this property, including but not limited
11 to, a claim brought because of any act of omission, neglect, or misconduct of said petitioners or
12 because of any claims or liability arising from any violation of any law or regulation made in
13 accordance with the law, whether by the petitioners or any of their agents or employees.
14
15 5. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this
16 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution
17 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in
18 all respects with these terms and conditions.
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
Yeas Nays Absent
Benanav ✓ Requested by Department of:
Blakey ✓ Technoloev& Manacement Services
Bostrom l
/
Coleman - �%7
Harris ✓ By: J4 . ti
Lantry v
Director
Reiter Form Approved by City Attorney
� o 0
Adopted by Council: Date � 2� *.f,o3 By: A Gam — 1-1 -Adoption Certified by Councretar
Y
By: App :• by Mayor fo 'u y•.,sion • Council
Approv b Mayor: Date � "�
PP Y Y // 4
Air1
NOTICE OF PUBLIC HEARING
Notice is hereby given that the petition of Todd and Kim Daddario
for the vacation of the north half of Pullman Avenue 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 22nd day of January, 2003 at 5 :30 P.M.
Dated: December 31, 2002
Shari Moore
Deputy City Clerk
(January 2, 2003)
r
SAINT
A Interdepartmental Memorandum
? CITY OF SAINT PAUL
AAAA
•
To: All Council Members
From: Peter White
Right of Way Engineer
140 City Hall
Date: December 31, 2002
Subject: > ::....::: *.artment;;; tOiii;:?: :.:::: <::: :::::..y::;::
............................................................................
...........................................................................
I recommend a public hearing before the City Council be held on Janua .22 ;2002. to 1 e €he
petition of Todd!Daddario.
The purpose of this vacation is to vacate the North half of Pullman Avenue from the East line of
White Bear Avenue to140 feet East.
This property is located in City Council District'7, Planning District 1.
/ I
cc: Shari Moore l
(200214hr.date) `��� 'S
SAINT
PAU L
it
AAAA
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:
I (we) request this vacation for the following reason(s). (Indicate whether you will be building on the site.)
� Cl
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: rj�� Jp� Name:
Phone: `735 -()& 41 Phone: 6>> ( `7 jS -(5S(;,`Z
Address: y T� j .c;;Z ,Q tie: A"> Address: ccvr✓/�� i�C^ Z 7)L.) 1.3
7PktL h-A- U SLOG, Svr- SSIv(o
Alternate Contact Person
Name: �� � TY2 Vii)^� i h Name:
Phone: 6 I _. -�3 J� Phone:
Address: 9. v->N/T-6 ,30j Address:
P L .v S/r_�
Name:
Phone:
Address:
Name:
Phone:
Address:
Signatures of Owner(s)/Representative(s) of Property(ies) Described Below:
/(..; 6AN
o r L-DT // & j l
/06-) /o25- Fr OF— LOT-- Li
v'
►, �,,(1a /����.%'L��c r� , am the petitioner, or one of the petitioners in the above matter; and I do
hereby swear and verify that each of the signatures on this petition was signed in my presence by the person described in the petition.
Subscribed nd s orn to before me this `
day o , 20G6D
I
_i,
Petitioner ✓ Notary
My commissio ; ;. ,:{_1 ►i!i_
. NOTARY PUBtJ
• " ;ci' MY OOMMISS
EXPIRES JAN.31,2003
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01_
CITIZEN SERVICE OFFICE
Donald J.Luna, City Clerk
SAINT CITY OF SAINT PAUL
PAUL 170 City Hall Tel.: 651-266-8989
Randy Kelly,Mayor 15 W.Kellogg Boulevard Fax: 651-266-8689
Saint Paul,Minnesota 55102
MAIM
irwor
May 22, 2002
Peter White
Valuation Engineer
Real Estate Division
140 City Hall
Dear Peter:
Shari Moore is out of town at a conference for this week. Therefore, I am attempting to start the
beginning process of a request for a vacation in her absence.
I refer to you to check as to form and sufficiency and for recommendation, the attached petition of
Todd Doddario for the vacation of Pullman Avenue at White Bear Avenue located between 4 White
Bear Avenue N. (Ex N 16 6/10 ft of the W140 ft of Lot 11 Blk) and 6 White Bear Avenue N (N 100
ft. of W 125 ft. of Lot 4) according to the recorded plat thereof on file and of record in the Office of
the Saint Paul City Clerk.
Sincerely,
/1,)ZAZZe--i' ild
Lucille Johnson
Clerk Typist III
Attachments
AA-ADA-EEO Employer
SAINT
PAUL
AMA
raw
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:
I(we)request this vacation for the following reason(s). (Indicate whether you will be building on the site.)
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: T252> Jpx, z, Name:
Tam T}4DDOR 1
Phone: Phone: 6 S( --T SS S - 4o1
Address: .r./ LA.,p.// 1 I E` 4 t?r, IV Address: it `, w�-r- C t%'z rJ 1-)6, J
SV.' r?AL,,■ I- A.J $SIB(,
..J
Alternate Contact Person
Name: �� A MAR_i b Name:
Phone: ;I _ `?� S _ogc4 Phone:
Address: TE isEAIP Abe_ Address:
5-7" — AA ti /0 4,
Name:
Phone:
Address:
Name:
Phone:
Address:
Signatures of Owner(s)/Representative(s) of Property(ies) Described Below:
/`)) Z:)(Ai /G 646 ,c T-6 w /y0
el. +z., Si. us iliii&ko,c ; FT OF 1-es-r- 11 8414 I
m /OV Fro -- (� /o?.S pi— OF Lo-r-Li
e Al
I, ik lV ,am the petitioner,or one of the petitioners in the above matter; and I do
hereby swear and verify that each of the signatures on this petition was signed in my presence by the person described in the petition.
Subscribed -nd s orn to before me this ) l
day o ' A ,20(��—Ilit
� P . is,
,„..Q_J _)_,,, ,Petitioner Notary allIKI
My commissio tI' . ff1■
' O • *""=--=•r'
MY OOMMISS r
EXPIRES JAN.31,2005
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PIN PROPERTY ADDRESS
102-28-22-23-0076 4 WHITE BEAR AVE N , SAINT PAUL
-FEE OWNER MISCELANEOUS
': KIM R MORELLI
4 WHITE BEAR AVE N
ST PAUL MN 55106-6010
:3TAX PAYER RELATIONSHIP
4
TODD DADDARIO
KIMBERLEY MORELLI
4 WHITE BEAR AVE N HOMESTEAD NAME
ST PAUL MN 55106-6010 TODD DADDARIO
KIMBERLEY MORELLI
AccuTerm 97 Screen Print - triton (1) 9 :32:45 AM 05 Nov 2001
PIN PROPERTY ADDRESS
02-28-22-23-0076 4 WHITE BEAR AVE N , SAINT PAUL
;PLAT NAME DESCRIPTION
BISANZ BROS . BATTLE CREEK EX N 16 6/10 FT THE W 140
TERRACE FT OF
LOT 11 BLK 1
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ENTER 0 FOR NEW PIN - ANY OTHER KEY TO CONTINUE
AccuTerm 97 Screen Print - triton (1) 9:51:04 AM 05 Nov 2001
PIN PROPERTY ADDRESS
02-28-22-32-0014 6 WHITE BEAR AVE S, SAINT PAUL
FEE OWNER MISCELANEOUS
DONALD G KIWUS
TERRY K GILES
CRAIG D GILES
4339 JENNIFER CT
EAGAN MN 55123-3980
,TAX PAYER RELATIONSHIP
GERALDINE F KIWUS
6 WHITE BEAR AVE S
' ST PAUL MN 55106-6018 HOMESTEAD NAME
GERALDINE F KIWUS
AccuTerm 97 Screen Print - triton (1) 9:51:07 AM 05 Nov 2001
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02-28-22-32-0014 6 WHITE BEAR AVE S , SAINT PAUL
',PLAT NAME DESCRIPTION
JOHNSON ' S GARDEN LOTS N 100 FT OF W 125 FT OF
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Sample Ownership Report
ABC Land Title Insurance Company
123 Fourth Street
St. Paul, MN 55123
October 1, 2000
John J. Petitioner
567 Eighth Avenue t+
St. Paul, MN 55100
To whom it may concern:
ABC Land Title Insurance Company does hereby certify__that a search of Ramsey County, Minnesota tax records
discloses that, as of October 1, 2000, the owners of the properties abutting the public right-of-way described as
the east-west alley in Block 9, Whimsey Addition,v
are as follows:
Legal Description Property is;. Fee Owner Contract Purchaser
Lots 1, 2 and 3, Block 9, Torrens John J:Petitioner
Whimsey Addition 567 Eighth-Avenue
St. Paul, MN 55100
Lots 4, 5 and 6,Block 9, Abstract Jane E. Copetitioner
Whimsey Addition 571 Eighth Avenue
St. Paul, MN 55100
Lots 7, 8 and 9, Block 9, Abstract Albert B. Seller C.D. Beier
Whimsey Addition 1313!Retirement Way 560 Seventh Avenue
Miami, FL 11234 St. Paul, MN 55100
Lots 10, 11 and 12, Block Abstract O. K. Byrne
9, Whimsey Addition 566 Seventh Avenue
St. Paul, MN 55100
This report represents the professional opinion of ABC Land Title Insurance Company regarding ownership of the
above described properties; it is not intended, nor shall.it,be construed, as a guarantee of title. ABC Land Title
Insurance Company assumes no liability for errors or;omissions.
Sincerely,
Robert A. Researcher
Licensed Abstracter
ABC Land Title Insurance Company
SAINT
PAUL
AMA
CITIZENS' GUIDELINES
•
FOR PETITIONING THE CITY OF SAINT PAUL TO VACATE ITS INTEREST IN
LANDS ABUTTING THE PROPERTIES OF PETITIONERS
Chapter 130 of the Legislative Code of the City of Saint Paul provides for the vacation of streets and
other public lands by resolution of the City Council. Following are guidelines for initiating vacations
by petition of the owners of property abutting such public lands.
WHO MAY PETITION TO VACATE PUBLIC LANDS?
A petition to vacate public lands may be filed only by a majority of the owners of property
abutting the lands to be vacated.
A. A majority shall mean a number greater than 50%. This implies that, for instance,
if there are only two owners of property abutting lands to be vacated, then both must
sign the petition.
B. Owners shall mean current owners, including contract purchasers, or their legally
designated representatives.
1. For properties owned by two or more joint tenants,all joint tenants must sign.
2. For properties owned by partnerships, one of the partners must sign.
3. For properties owned by limited partnerships or corporations, those persons
authorized by the partnership or corporation must sign, indicating their
respective positions or titles and alleging that they do, in fact, have the
authority to sign on behalf of that entity.
4. For properties owned by governmental departments or agencies, the head of
the department or agency, or another person with the designated authority to
sign on behalf of the department or agency head, must sign. In addition, a
resolution or statement from the governing body indicating approval and
granting authority for the petition must be included.
C. Properties abutting the lands to be vacated shall include all abutting properties,
whether or not any part of the vacated lands will accrue to them.
II. WHAT MUST THE PETITION INCLUDE?
The petition (a sample copy of which is attached to this guide) shall be completed and
submitted, with a$100.00 filing fee, to the City Clerk in Room 170, City Hall.
7 -
A. The petition should begin with"(Petitioner(s) does (do) hereby petition the Council
of the City of Saint Paul to vacate its interest in the property(ies) described below:"
•
It shall include the following information:
1. The legal description of the property proposed to be vacated(for example,the
north-south alley in Block 1, Behmler's Addition). Please be specific in the
description of the area to be vacated. If the vacation is for a building
encroachment,you may need a survey to describe the area to be vacated. You
may also need a survey for irregular areas.
2. The reason for the vacation. What is the intended use of the property to be
vacated? Will the grade be altered or permanent structures erected?
3. The name,address and phone number of the contact person,who must be one
of the petitioners or a representative of one of the petitioners.
4. The name(s) and address(es) of the petitioner(s) who will be responsible for
the payment of the compensation and for acceptance of the terms and
conditions of the vacation.
5. A statement attesting to the authenticity of the signatures on the petition,
which must be signed by one of the petitioners and notarized.
B. The petition must be supported with the following documentation:
1. A plat map,blueprint or scaled drawing showing the lands to be vacated,the
boundary streets and all abutting properties.
2. A Certified Ownership Report, which shows all fee owners and contract
purchasers, as of the date of the petition or later, of all properties abutting
the lands proposed to be vacated.
a. The report must identify, by legal description or Property
Identification Number,each property abutting the area to be vacated..
b. The report must indicate whether the property is torrens or abstract.
c. The names of the owners on the report must agree with the names on
the petition and must be current to the petition at the time of filing.
If, for any reason, all names on the petition do not correspond to the
names on the Certified Ownership Report, the petition will be
considered insufficient.
d. Certification of ownership may be obtained from an abstract or title
insurance company,such as Old Republic,Commonwealth Land Title
or First Security Title.
For your convenience, a sample Certified Ownership Report is attached.
Also, for those abutting properties that are torrens, you may substitute a
Condition of Title report, which you can obtain from Property Revenue and
Records at 845.Ramsey County Government Center West, 50 West Kellogg
Boulevard.
3. If the vacated site is to be developed, six copies of the proposed site plans
will be required for review by the affected City departments.
tion Guidelines
WHAT DOES THE VACATION PROCESS ENTAIL?
Once the petition has been filed, the following procedure will be initiated:
A. The City Clerk will refer the petition to the Real Estate Division of the Department
---� of Technology and Management Services, where the Right-of-Way Engineer or his
designee will review the petition for sufficiency and form.
B. Following verification of sufficiency by the Right-of-Way Engineer,the petition will
be forwarded to utility companies and affected City departments for their comments
and recommendations. The petitioner will be notified of the recommendation by any
agency for denial of the vacation.
C. If all departments and agencies recommend approval, the proposed teinis and
conditions and the cost for the vacation will be established; and the date for a hearing
before the City Council will be set. All owners of properties that may be affected by
the possible disruption of traffic patterns will be notified, and will be given the
opportunity to voice their approval or objections at the hearing
D. - The City Council will conduct a public hearing, at which it will either:
1. approve the vacation as recommended;
2. approve the vacation with amendments;
3. deny the vacation; or
4. lay the proposal over for a later hearing.
E. If the vacation is approved by the Council, the resolution will be published in the
Legal Ledger. The petitioner(s) must then:
1. within sixty days of publication:
a. for vacations of platted rights-of-way, pay a vacation fee (currently
$500.00 but subject to change) plus additional charges, if any;
b. for vacations of other than platted rights-of-way,pay market value for
property vacated; and
c. signify acceptance of the terms and conditions of such resolution by
filing with the City Clerk a written acceptance form, which will be
mailed to the petitioner(s)following publication of the resolution;and
2. within the period(s) specified therein, comply in all respects with the said
terms and conditions.
F. Failure by the petitioner(s) to, within the time limits, pay the vacation fee and any
additional charges,file the acceptance form,or comply with the terms and conditions
set forth in the resolution will result in the vacation being declared "null and void";
provided, however, that the Council may, by resolution adopted with at least five
affirmative votes prior to the expiration of the time limits, amend the vacation
resolution to extend the said time limits.
IV. HOW LONG DOES THE VACATION TAKE?
The length of time it takes to vacate a property will vary according to the complications that
usually arise; but you should expect the hearing date to be at least 90 days after the petition
was filed. On average, a vacation takes approximately 180 days.
3
Vacation Guidelines
V. WHAT MUST BE DONE FOLLOWING APPROVAL OF THE RESOLUTION
TO COMPLETE THE VACATION PROCESS?
A. The petitioner(s) will have 60 days from the date of the hearing to satisfy the terms
and conditions as listed in the vacation resolution.
B. When all terms and conditions have been met the City Clerk will file a Certificate of
Completion and a certified copy of the vacation resolution with the Registrar of
Deeds.
C. If the petitioner(s) fail(s) to satisfy the stated terms and conditions of the resolution
within 60 days from the date of the hearing, the Council may rescind the vacation.
IMPORTANT INFORMATION
Ownership of Vacated Right-of-Way: The City makes no representation as to who will obtain
ownership of vacated land. The petitioner will be responsible for obtaining any title searches or title
insurance. NOTE: Should the ownership of any part of the vacated right-of-way revert to the City,
the land can be sold to the public under procedures set forth by City ordinance.
Utility Easements: At the discretion of interested public or private utilities, the City may reserve
utility easements within the vacated property. Certain improvements may not be constructed within
the reserved utility easements.
Future Use: To insure that planned development will not conflict with reserved utility easements or
remaining right-of-way,the petitioner must inform the City of any planned development of the right-
of-way to be vacated.
Rerouting Utilities: If the petitioner does not want the City to reserve utility easements, the
petitioner must negotiate an acceptable alternative plan with any utility that wants to retain its rights,
and must pay all relocation costs for any public and private utilities within the right-of-way.
If you have any further questions, please call: Real Estate Division (651) 266-8850
4