95-729 (2) Return copy to: ORIEIYAL Council File # 9 72 Real Estate Division
V1 140 City Hall Green Sheet # 31457
(jao) RESOLUTION
OF SAINT PAUL, MINNESOTA 30
Presented By '` \ \
Referred To Committee: Date
1 RESOLVED, that upon the petition of Kenneth Tschida, Mike Nicklaus, per Finance File No.
2 23-1994 that portion of Willius Street bounded by vacated East Eighth Street and East Seventh
3 Street, hereinafter referenced to, is hereby vacated and discontinued as Public Property;
4 subject to the following conditions:
5
6
7 1. That this vacation shall be subject to the terms and condition of Chapter 130,
8 codified March 1, 1981, of the Saint Paul Legislative Code as amended.
9
10 2. That the petitioner's, their successors and assigns shall pay $500.00 as an
11 administrative fee for this vacation which is due and payable within 60 days
12 of the publication date of this resolution.
13
14 3. That the petitioner's, their successors and assigns shall dedicate a permanent drainage
15 easement, on, over, under and across the above referenced vacated area, to the
16 City of Saint Paul, Department of Public Works, for the purpose of maintaining and
17 sustaining proper storm water run-off from abutting properties and the public alley in
18 Block 24, Kittson's Addition, that no structures or improvements to said vacated area
19 shall restrict the enjoyment of these easement rights.
20
21 4. That a permanent access easement will be retained, within the vacated area, by all
22 abutting properties and the City of Saint Paul for public alley use in Block 24,
23 Kittson's Addition and for access to that portion of vacated East Eighth Street.
24
25 5. That the petitioner's, their successors and assigns shall apply for and receive a permit
26 to take over all ownership and responsibility for all catch basins located in said
27 vacated area, this includes all maintenance, cost and expenses for said catch basins.
28
29 6. That the petitioner's, their successors and assigns shall submit, for review and
30 approval by the City of Saint Paul, Department of Public Works and Department of
31 License, Inspections and Environmental Protection, site plans for the re-design of said
32 vacated area, said plans will include the removal all indications of public right-of-way
33 and acquisition of any permits applicable to the work in said vacated area.
34
35 7. That a permanent utility easement shall be retained within the vacated area to protect
36 the interest of Northern States Power Company, gas and electric, unless released in
37 writing by said utility.
38
39 8. That a permanent utility easement shall be retained within the vacated area to protect
40 the interest of Continental Cablevision's existing aerial facilities, unless released
41 in writing by said utility.
� p (IT 1A a
1
2 9. That a permanent utility easement shall be retained within the westerly one-half of
3 said vacated area to protect the interest of the St. Paul Water Utility, that no
4 structures, improvements, change in grade or change in surfacing shall restrict the
5 enjoyment of said easement.
6
7 10. That the petitioner's, their successors and assigns, by acceptance of the terms and
8 condition of this resolution, agree to identify, defend and save harmless the
9 City of Saint Paul, its officers and employees from all suits, actions or claims of any
10 character brought as a result of injuries or damages received or sustained by any
11 person, persons, or property on account of this vacation or petitioner's use of this
12 property, including, but not limited to a claim brought because of any act of
13 omission, neglect, or misconduct of said petitioner or because of any claims of liability
14 arising from any violation of any law or regulation made in accordance with the law,
15 whether by the petitioner or any of its agents or employees.
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35 Yeas Nays Absent Requested by Department of:
Blakey I I
Grimm i I Finance & Management Services
Guerin
Harris !
Megard I I ' �
Reitman I I B LZL�l AeLtdb-ii l"
Thune ! y� D irect
l l Form Appr ed by City Attorney
Adopted by/6-)Q11: /t�/ /�/� .3j /%%� i /X/ �
Adoption' Certified b cil Secretary By: .,/ G./ / 7
By:
° _
/N( / Approved by Mayor or Submission to Council
Approve •y Ma r: Dat-
By: rt%NL/L By= ?IA r•
CITIZEN SERVICE OFFICE
Fred Owusu,City Clerk
SAINL T CITY OF SAINT PAUL 170 City Hall Tel.: 612-266-8989
PAU
4 Norm Coleman,Mayor 15 W.Kellogg Boulevard Fax: 612-266-8689
Saint Paul,Minnesota 55102
AAAA
IMINIIIMIO
July 31, 1995
George LeTendre Land & Oaks Inc.,
PO Box 117 1097 Churchill Street,
Saint Paul, Minnesota 55103 Forest Lake, MN 55025-0117
Michael A. Nicklaus Space Center, Inc.
David L. Le Page 1600 International Center
447 7th Street East 900 2nd Avenue South
Saint Paul, Minnesota 55101-2433 Minneapolis, MN 55402-3387
Dear Sirs:
Enclosed is a copy of Council File 95-729, which was adopted by Council on July 5, 1995
which provides for the vacation of that portion of Willius Street bounded by vacated East
Eighth Street and East Seventh Street as more fully described in the attached resolution.
The Ordinance pertaining to vacations requires that the compensation specified in the
resolution must be paid within sixty (60) days after adoption 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,
Frances Swanson
Deputy City Clerk
cc: Valuation Engineer - Finance File No. 23-1994
Enc.
1
ck A 0.)100)7 CITIZEN SERVICE OFFICE
'- i
Fred Owusu,City Clerk
SAINT
PAUL CITY OF SAINT PAUL 170 City Hall Tel.: 612-266-8989
Norm Coleman,Mayor 15 W.Kellogg Boulevard Fax: 612-266-8689
04110‘ Saint Paul,Minnesota 55102
AAAA
r111111•r111•r
July 31, 1995
George LeTendre Land & Oaks Inc.,
PO Box 117 1097 Churchill Street,
Saint Paul, Minnesota 55103 Forest Lake, MN 55025-0117
Michael A. Nicklaus Space Center, Inc.
David L. Le Page 1600 International Center
447 7th Street East 900 2nd Avenue South
Saint Paul, Minnesota 55101-2433 Minneapolis, MN 55402-3387
Dear Sirs:
Enclosed is a copy of Council File 95-729, which was adopted by Council on July 5, 1995
which provides for the vacation of that portion of Willius Street bounded by vacated East
Eighth Street and East Seventh Street as more fully described in the attached resolution.
The Ordinance pertaining to vacations requires that the compensation specified in the
resolution must be paid within sixty (60) days after adoption 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,
� a4°
° Gii�l
C��o "
Frances Swanson
Deputy City Clerk
cc: Valuation Engineer - Finance File No. 23-1994
Enc.
•
•
CITY OF ST .PAUL RECEIPT # 071226
CASH RECEIPT PAGE 1
PREPARED BY: CORA ENTRY . DATE 09/11/95
DEPARTMENT . FINANCE & MGMT SERVICES DEPOSIT DATE : 09/11 /95
ACCOUNT REFERENCE DEBIT CREDIT QTY
____________________ _________ ________ ______________ ___
001 *01300*2833 500 . 00
VACATION
GEORGE LETEMORE-CH#7021
VACATED AND DISCONTINUED PUBLIC
PROPERTY APPROVED ON 7/18/95 PER
COUNCIL FILE #95-729
- -
TOTAL CASH: 500 . 00
RECEIVED BY
REPLACES TEMPORARY RECEIPT # :
Retdrn copy to: IL Council File # �S-7'1
Real Estate Division ORIGIN
■ 140 City Hall Green Sheet # 31457
(jao) RESOLUTION
OF SAINT PAUL, MINNESOTA 3a
Presented By
AOF
Referred To Committee: Date
1 RESOLVED, that upon the petition of Kenneth Tschida, Mike Nicklaus, per Finance File No.
2 23-1994 that portion of Willius Street bounded by vacated East Eighth Street and East Seventh
3 Street, hereinafter referenced to, is hereby vacated and discontinued as Public Property;
4 subject to the following conditions:
5
6
7 1. That this vacation shall be subject to the terms and condition of Chapter 130,
8 codified March 1, 1981, of the Saint Paul Legislative Code as amended.
9
10 2. That the petitioner's, their successors and assigns shall pay $500.00 as an
11 administrative fee for this vacation which is due and payable within 60 days
12 of the publication date of this resolution.
13
14 3. That the petitioner's, their successors and assigns shall dedicate a permanent drainage
15 easement, on, over, under and across the above referenced vacated area, to the
16 City of Saint Paul, Department of Public Works, for the purpose of maintaining and
17 sustaining proper storm water run-off from abutting properties and the public alley in
18 Block 24, Kittson's Addition, that no structures or improvements to said vacated area
19 shall restrict the enjoyment of these easement rights.
20
21 4. That a permanent access easement will be retained, within the vacated area, by all
22 abutting properties and the City of Saint Paul for public alley use in Block 24,
23 Kittson's Addition and for access to that portion of vacated East Eighth Street.
24
25 5. That the petitioner's, their successors and assigns shall apply for and receive a permit
26 to take over all ownership and responsibility for all catch basins located in said
27 vacated area, this includes all maintenance, cost and expenses for said catch basins.
28
29 6. That the petitioner's, their successors and assigns shall submit, for review and
30 approval by the City of Saint Paul, Department of Public Works and Department of
31 License, Inspections and Environmental Protection, site plans for the re-design of said
32 vacated area, said plans will include the removal all indications of public right-of-way
33 and acquisition of any permits applicable to the work in said vacated area.
34
35 7. That a permanent utility easement shall be retained within the vacated area to protect
36 the interest of Northern States Power Company, gas and electric, unless released in
37 writing by said utility.
38
39 8. That a permanent utility easement shall be retained within the vacated area to protect
40 the interest of Continental Cablevision's existing aerial facilities, unless released
41 in writing by said utility.
y
fPt ,
1
2 9. That a permanent utility easement shall be retained within the westerly one-half of
3 said vacated area to protect the interest of the St. Paul Water Utility, that no
4 structures, improvements, change in grade or change in surfacing shall restrict the
5 enjoyment of said easement.
6
7 10. That the petitioner's, their successors and assigns, by acceptance of the terms and
8 condition of this resolution, agree to identify, defend and save harmless the
9 City of Saint Paul, its officers and employees from all suits, actions or claims of any
10 character brought as a result of injuries or damages received or sustained by any
11 person, persons, or property on account of this vacation or petitioner's use of this
12 property, including, but not limited to a claim brought because of any act of
13 omission, neglect, or misconduct of said petitioner or because of any claims of liability
14 arising from any violation of any law or regulation made in accordance with the law,
15 whether by the petitioner or any of its agents or employees.
16
17
18
19
20
21
22
23
24
25
26
27
78
29
30
31
32
33
34
35 Yeas Nays Absent Requested by Department of:
Blakey �/ I
Grimm ✓ Finance & Management Services
Guerin ✓ i
Harris ✓ 'Me t tma Rettman ✓ By:
Thune �G /
��� C �� Form Appr ed by City Attorney
Adopted byiCouncil: iDa e//%/,/, B .�� ‘7‘7
GS
Adoption Cegtified by/ cil Secretary y'
By: � \ !(. / ' /
. _
RazApproved by Mayor or Submission to Council
Approve' •y Ma r: Dat
By: az, , Byr7/4.`r
1
-7,
F.M.S./REAL ESTATE DIVISION Date: Green Sheet Number. 31457
DEPARTMENT DIRECTOR 4 CITY COUNCIL
Contact Person and Phone Number.
,NEf,.o„ 1 CITY ATTORNEY 5 CITY CLERK
Juan Ortiz 266-8850 BUDGET DIRECTOR 2 FIN.&MGT.SVC.DIR.
3 MAYOR(OR ASSISTANT)
Must be on Council Agenda by
TOTAL#OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE)
ACTION REQUESTED:
Approve resolution authorizing the vacation of Willius Street from vacated Eighth St. to East Seventh St.
RECOMMENDATIONS:APPROVE(A)OR REJECT(R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING:
PLANNING COMMISSION A STAFF 1. Has the person/firm ever worked under a contract for this department? YES NO
CIVIL SERVICE COMMISSION 2. Has this person/firm ever been a City employee? YES NO
3. Does this person/firm possess a skill not normally possessed by any
CIB COMMITTEE Current City employee? YES NO P
Explain all YES answers on a separate sheet and attach.
SUPPORTS WHICH COUNCIL OBJECTIVE?
COUNCIL WARD(S) 2 DISTRICT PLANNING COUNCIL 4
INITIATING PROBLEM,ISSUE,OPPORTUNITY(Who,What,When,Where,Why?):
Petitioner requested the vacation of the subject street for parking purposes in connection with the opening
of a new restaurant.
heals‘t4 1\c§
ADVANTAGES IF APPROVED: RE�`'E�yE
Permits petitioner to proceed with its project. 3u� 14
1995
SAY®�,�� ®Ff�c� RECEIVED
DISADVANTAGES IF APPROVED:
None MAY 25 1995
CITY ATTORNEY
DISADVANTAGES IF NOT APPROVED:
Unknown
TOTAL AMOUNT OF TRANSACTION: $ 500.00 COST/REVENUE BUDGETED(CIRCLE ONE) YES NO
FUNDING SOURCE ACTIVITY NUMBER 001-01300-2833
FINANCIAL INFORMATION:(EXPLAIN)
Transaction amount is an administrative fee for the vacation. PUBLI O' . •MMITTEE
MEF,TI HIS MATTER
FOR ,
THE COUNOL HEARING
ON MIS A.ArrER IS
SET FOR , 1.41..}/ S /99
Return copy to: 1' L NI. Council File # �S-7✓71
Real Estate Division C R �� !"
1 140 City Hall Green Sheet # 31457
(jao) RESOLUTION
OF SAINT PAUL, MINNESOTA 3o
Presented By \N
Referred To Committee: Date
1 RESOLVED, that upon the petition of Kenneth Tschida, Mike Nicklaus, per Finance File No.
2 23-1994 that portion of Willius Street bounded by vacated East Eighth Street and East Seventh
3 Street, hereinafter referenced to, is hereby vacated and discontinued as Public Property;
4 subject to the following conditions:
5
6
7 1. That this vacation shall be subject to the terms and condition of Chapter 130,
8 codified March 1, 1981, of the Saint Paul Legislative Code as amended.
9
10 2. That the petitioner's, their successors and assigns shall pay $500.00 as an
11 administrative fee for this vacation which is due and payable within 60 days
12 of the publication date of this resolution.
13
14 3. That the petitioner's, their successors and assigns shall dedicate a permanent drainage
15 easement, on, over, under and across the above referenced vacated area, to the
16 City of Saint Paul, Department of Public Works, for the purpose of maintaining and
17 sustaining proper storm water run-off from abutting properties and the public alley in
18 Block 24, Kittson's Addition, that no structures or improvements to said vacated area
19 shall restrict the enjoyment of these easement rights.
20
21 4. That a permanent access easement will be retained, within the vacated area, by all
22 abutting properties and the City of Saint Paul for public alley use in Block 24,
23 Kittson's Addition and for access to that portion of vacated East Eighth Street.
24
25 5. That the petitioner's, their successors and assigns shall apply for and receive a permit ?
26 to take over all ownership and responsibility for all catch basins located in said
27 vacated area, this includes all maintenance, cost and expenses for said catch basins.
28
29 6. That the petitioner's, their successors and assigns shall submit, for review and
30 approval by the City of Saint Paul, Department of Public Works and Department of
31 License, Inspections and Environmental Protection, site plans for the re-design of said
32 vacated area, said plans will include the removal all indications of public right-of-way
33 and acquisition of any permits applicable to the work in said vacated area.
34
35 7. That a permanent utility easement shall be retained within the vacated area to protect
36 the interest of Northern States Power Company, gas and electric, unless released in
37 writing by said utility.
38
39 8. That a permanent utility easement shall be retained within the vacated area to protect
40 the interest of Continental Cablevision's existing aerial facilities, unless released
41 in writing by said utility.
i
nplcimAl
1
2 9. That a permanent utility easement shall be retained within the westerly one-half of
3 said vacated area to protect the interest of the St. Paul Water Utility, that no
4 structures, improvements, change in grade or change in surfacing shall restrict the
5 enjoyment of said easement.
6
7 10. That the petitioner's, their successors and assigns, by acceptance of the terms and
8 condition of this resolution, agree to identify, defend and save harmless the
9 City of Saint Paul, its officers and employees from all suits, actions or claims of any
10 character brought as a result of injuries or damages received or sustained by any
11 person, persons, or property on account of this vacation or petitioner's use of this
12 property, including, but not limited to a claim brought because of any act of
13 omission, neglect, or misconduct of said petitioner or because of any claims of liability
14 arising from any violation of any law or regulation made in accordance with the law,
15 whether by the petitioner or any of its agents or employees.
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35 Yeas Nays Absent Requested by Department of:
Blakey 1 I
Grimm i 1 1 ✓ Finance & Management Services
Guerin ! I
Harris i i �,,^
Megard tma 1 I y:4UY 4)7/4/AILA ..01)-1-1
Rettman I I I B �
Thune I I I ll// CG Direct
Form Appr ed by City Attorney
Adopted by/Council: ���
Adoption/ Certified
AdoptioCertified cil Secretary By:
f Approved by Mayor or Submission to Council
Approved •y Ma , r: Dat- - L
By: I ak - By: ."r
wr-
Return copy to: Council File # 9-5-73-,e(
Real Estate Division ORIGINAL
■ 140 City Hall Green Sheet # 31457
(jao) RESOLUTION
(-- \q■ ,
OF SAINT PAUL, MINNESOTA
\ 3a
Presented By
Referred To Committee: Date
1 RESOLVED, that upon the petition of Kenneth Tschida, Mike Nicklaus, per Finance File No.
2 23-1994 that portion of Willius Street bounded by vacated East Eighth Street and East Seventh
3 Street. hereinafter referenced to, is hereby vacated and discontinued as Public Property;
4 subject to the following conditions:
5
6
7 1. That this vacation shall be subject to the terms and condition of Chapter 130,
8 codified March 1, 1981, of the Saint Paul Legislative Code as amended.
9
10 2. That the petitioner's, their successors and assigns shall pay $500.00 as an
11 administrative fee for this vacation which is due and payable within 60 days
12 of the publication date of this resolution.
13
14 3. That the petitioner's, their successors and assigns shall dedicate a permanent drainage
15 easement, on, over, under and across the above referenced vacated area, to the
16 City of Saint Paul, Department of Public Works, for the purpose of maintaining and
17 sustaining proper storm water run-off from abutting properties and the public alley in
18 Block 24, Kittson's Addition, that no structures or improvements to said vacated area
19 shall restrict the enjoyment of these easement rights.
20
21 4. That a permanent access easement will be retained, within the vacated area, by all
22 abutting properties and the City of Saint Paul for public alley use in Block 24,
23 Kittson's Addition and for access to that portion of vacated East Eighth Street.
24
25 5. That the petitioner's, their successors and assigns shall apply for and receive a permit
26 to take over all ownership and responsibility for all catch basins located in said
27 vacated area, this includes all maintenance, cost and expenses for said catch basins.
28
29 6. That the petitioner's, their successors and assigns shall submit, for review and
30 approval by the City of Saint Paul, Department of Public Works and Department of
31 License, Inspections and Environmental Protection, site plans for the re-design of said
32 vacated area, said plans will include the removal all indications of public right-of-way
33 and acquisition of any permits applicable to the work in said vacated area.
34
35 7. That a permanent utility easement shall be retained within the vacated area to protect
36 the interest of Northern States Power Company, gas and electric, unless released in
37 writing by said utility.
38
39 8. That a permanent utility easement shall be retained within the vacated area to protect
40 the interest of Continental Cablevision's existing aerial facilities, unless released
41 in writing by said utility.
i
o p N ! f\ I
1
2 9. That a permanent utility easement shall be retained within the westerly one-half of
3 said vacated area to protect the interest of the St. Paul Water Utility, that no
4 structures, improvements, change in grade or change in surfacing shall restrict the
5 enjoyment of said easement.
6
7 10. That the petitioner's, their successors and assigns, by acceptance of the terms and
8 condition of this resolution, agree to identify, defend and save harmless the
9 City of Saint Paul, its officers and employees from all suits, actions or claims of any
10 character brought as a result of injuries or damages received or sustained by any
11 person, persons, or property on account of this vacation or petitioner's use of this
12 property, including, but not limited to a claim brought because of any act of
13 omission, neglect, or misconduct of said petitioner or because of any claims of liability
14 arising from any violation of any law or regulation made in accordance with the law,
15 whether by the petitioner or any of its agents or employees.
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35 Yeas Nays Absent Requested by Department of:
Blakey r/
Grimm ./ Finance & Management Services
Guerin ,% I
i,arras ✓ i ;
Megard / I By:4 UP.� LZL�I�LE( Ad-We li
Thune
Reitman ✓ I
✓ VV �G
Direct
// Form Appr ed by City Attorney
Adopted b iCounc l: /D at!,// %_ .3 /��� ���j �/t/1�' 0/�i / C
Adoptior/Certified by/ • cal Secretary By: C•✓�✓ r
By.
111 ' Approved by Mayor or Submission to Council
Approves •y Ma r: , Dat �
BY
yEI� By
1
95 - 729
VACATION REQUEST
To: Council of the City of St. Paul
The Petitioners set forth below do hereby petition the Council of the City of St.
Paul to vacate the public land described below:
That part of Willius St. lying between E. 7th St. on the Southeast, and for a
distance of approximately one hundred fifty (150) feet Northwesterly to the
existing vacated parcel identified by Document#2345211.
It is the intention of the adjoining property owners to use the vacated property for
parking.
The following individual, being the contract purchaser of Kenneth Tschida's
property, shall act as the attorney-in-fact for Kenneth Tschida.
George A. LeTendre
1097 Churchill St.
St. Paul, MN 55103
' )
488-3913(h)
The names of the Petitioners are as follows:
Kenneth Tschida
P.0 Box 127
Forest Lake, MN 55025
Mike Nicklaus
447 East Seventh Street
St. Paul, MN
298-8776
Space Center, Inc.
444 Pine St.
St. Paul, MN
228-4444
95 - 729
I, George LeTendre, as attorney-in-fact for one of the petitioners in the above
matter, do hereby swear and verify that each of the signatures on this petition
was signed by the person described in the petition and in my presence.
47(../77f=?‘
Subscribed and sworn to, before me this 1 day 'of -i'-Unki - i q q
1994.
1•/ qAhNL'V•^J,MhMJ.M/�/�,JVtMJ.• YILA 1 / U (46 3�. I`Ur1L.CGX
(Notary)
I
'`,..,. POTR?YF'JjSIC-;.1iNNES0'•?.
. x-
-c ; RAM��,r[.Y COUNTY
£`g 1.",p
Con cxp^as Jan.26,',8
RVW'WWWV4`'VWWWwWNVWWWY e
e __ ,,
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,...■■■,,
SAINT
PAIL)L Interdepartmental Memorandum
41 CITY OF SAINT PAUL
MIMI
______.......
.........
---.
To All Council Members \
\\\ \
.1;4 , -•.,_\l'
From: Peter White
Right of Way Engineer
140 City Hall
Date: June 8, 1995
Re Iinance Dept Pile NO 23-1995 (Vaatrnn of WOINKVI:iiiiiiiiiiiiiiiiiiEV:HE
The petition of Kenneth Tschida and Mike Nicklaus is for the vacation of the above
mentioned street between East Seventh Street and vacated East Eighth Street.
The purpose of this vacation is to allow the development of resturant parking for
the neighboring private improvement.
I recommend a public hearing before the City Council be held on July 5,
The subject petition is in proper form and has been signed by the requisite number of
property owners.
This property is located in City Council District ig, Planning District
ka44,6(///yi de,
t , I-eel/rid-4_
(altflOHear)
a/Loaf-0 -1
95 - 729
Council Research Center
JUN 3. 2 1995
NOTICE OF PUBLIC HEARING
Notice is hereby given that the petition of Kenneth Tschida, Mike
Nicklaus and Space Center, Inc . , for the vacation of that part of
Willius Street lying between E. 7th St . on the Southeast, and for
a distance of approximately one hundred fifty (150) feet
Northwesterly to the existing vacated parcel 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 5th day
of July, 1995 at 3 :30 P.M.
Dated June 8, 1995
Frances Swanson
Deputy City Clerk
(June 10, 1995)
SAINT 95- 729
PAUL
4
AAA*
_wow
Department of Finance & Management Services
INTERDEPARTMENTAL MEMORANDUM
To: Peter Warner
City Attorney's Office RECEIVED
4th Floor City Hall
From: Juan Orti MAY 08 1995
Real Estate ivision
140 City Hall CITY ATTORNEY
Date: May 4, 1995
Re: Vacation of Willius Street - Vacation File No. 23-1994
Please review the enclosed petition for vacation. If all
information is in order, please sign off on the resolution and
return the package to our office, I will set a hearing date
and notify the petitioner. Thanks.
6/ &'1/
. . .\vacate.ort\199423WA.RNR
RECEIVED
MAY 25 1995
CITY ATTORNEY
95 . 729
THE REMAINDER OF DOCUMENTS FOR THIS FILE MAY BE
VIEWED IN COUNCIL RESEARCH.
• - _
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---, . .- .wil AREA PETITIONED
---- ., ::, 1 • '...A•
v .4.- 4... IL • NI TO BE VACATED it
_.......------; r . , r 1 .7 .--,
r 11,q ...,...-
V' • ,.......— _________---,------,..„__
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95 - 729
INSP Northern States Power Company
Metro East Region
825 Rice Street
Saint Paul, Minnesota 55117-9987
November 10, 1994 RECEIVED
NOV 141994
REAL ESTATE DIVISION
Mr. Dick McCann
Valuation Technician
City of St. Paul
218 City Hall L1
St. Paul, MN 55102
Re: Finance Department File No. 23-1994 (��
Dear Mr. McCann: —°
In response to your letter of November 9, 1994 regarding the above noted file number,
Northern States Power Company must retain our right-of-way in this proposed vacation
for our Electric Distribution System.
Please see that our interests are protected.
If you have any questions, feel free to contact me at (612) 229-2252.
Sincerely,
William . Mueller''
Admini.tr.for"
Customer Service Metro East
WHM/st
RECEIVED
95 - 729
NOV 1 41994
IkEAL ESTATE DIVISION IMP Gas 1#0
11/17/94
Dick McCann
Real Estate Division
Room 140 City Hall
St. Paul, MN 55102
Re: Finance Department File No. 23 -1994
Dear Mr. McCann
I reviewed the proposed street vacation and found an existing gas main on Willus
street in the proposed vacation area.
I am enclosing a copy of our map showing the location of the gas main in the
Proposed vacation area.
The gas utility rights in that area is necessary to maintain service to existing
customers.
Please contact me if you have any questions. 229-2589
S' erely
ei4,..424e/
David Stil an
Gas Planner
Gas Engineering Department
Map Number N - 29
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95 - 729
SAINT RECEIVED
PAUL
Interdepartmental Memorandum
Saint Paul Water Utility DEC p u 1994
REAL ESTATE DIVISION
Iu i
WATER
UTILITY
TO: Dick McCann
Real Estate Division
FROM: David D . Wagner t Water Utility CaT
DATE : December 7 , 1994
SUBJECT: Finance Department File Number 23-1994
The Water Utility has a four-inch water main and a fire hydrant in
that part of Willius Street bounded by vacated East Eighth Street
and East Seventh Street . Additionally the Water Utility may consider
extending the water main on Willius Street to the South and
connecting to the water main in East Seventh Street . To provide for
continued access to their facility the Water Utility requires that
an easement be retained over the entire westerly one-half of Willius
Street from the North property line of East Seventh Street to one
hundred and fifty feet North , which is the most northerly extension
of the proposed vacation.
Restrictions within the area are as follows :
1 . No buildings , structures , or trees are permitted within the
easement area , or any temporary structure , material storage ,
fixture, or other objects that will prohibit normal access
to water facilities for maintenance purposes .
2 . No change from the existing grade is permitted without writ-
ten permission from the Water Utility.
3 . No change in surfacing within the easement area is permitted
without written permission from the Water Utility.
4 . That the petitioner , its successors and assigns shall fully
indemnify, defend and save harmless the Board of Water Com-
missioners , its officers , agents , employees , and servants
from all suits , actions or claims which shall arise from any
injuries or damages received or sustained by any break in
any service pipe , water main, or connection in said reserved
easement , arising out of or resulting from any action or
negligence of the petitioner, its employees , agents or
business invitees .
Any questions may be referred to Jerry Strauss of our staff at
292-6580 .
GCS/lt
cc : Tom Eggum
*•printed on recycled paper
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95 - 729
From: LarryZangs (ZANGSL)
To: REALESTATE:MCCANN
Wednesday, November 23 , 1994 4 : 41 pm v ZJ)
Subject: Street & Alley Vacation Request �`-"
Dick:
FIle No. 22-1994 - No Objections to requested vacations.
File No. 23-1994 - No objection but condition should be placed on
the vacation resolution that the proposed parking lot must obtain
site plan approval and a building permit before any work
commences.
File No. 24-1994 - No objection provided condition is placed on
resolution that any redevelopment of the vacated area obtain the
necessary City approval.
File No. 25-1994 - No objections to the requested vacations. The
parking use was approved by the City. This is an after the fact
vacation.
Lawrence Zangs
Zoning Technician
•
9 5 - 72 9.
Continental Cablevision
of Saint Paul, Inc.
November 17,1994
RECEIVED:
City of St. Paul NOV 2 1 1994
Department of Finance and Management Services
Real Estate Division REAL ESTATE DIVISION
218 City Hall
St. Paul, MN 55102
10A_
Attn: Dick McCann
Re: Finance Department file no. 23-1994
Dear Sir:
Continental Cablevision has existing aerial facilities along the proposed vacation area as
indicated in red on the attached drawing. It is necessary to maintain this cable in it's existing
position to offer our services to the surrounding homes.
We have no objections to the proposed vacation providing an easement for our existing
facilities can be maintained.
Sincerely,
Paul Kelly
Construction Supervisor
Union Depot Place•214 East Fourth Street • St. Paul, Minnesota 55101-1492•Telephone: (612) 224-2697
3.a65 OS
'L Interdepartmental Memorandum Q
PAu, - 72
CITY OF SAINT PAUL 9 5 7
A AA �-
FILE NUMBER 23 - `975/
T(,v�w�t
TO:
, District ie RECEIVED
FROM: Phillip Owens, Supervisor NOV 2 1 1994
Fire Prevention
REAL ESTATE DIVISION
DATE: /V(' V /V ici9Y .
SUBJECT: Plan Review V'o o 7O' . ��/1 7 0.(' (,,`,; I/; •C 4774
Please review the attached plans and return your response to me by NOV 2$ `�?y Check the appropriate
•
response listed below. If you have any questions, call me at extension 234.
Is water availability sufficient? Yes
Hydrant Location(s) •7"-i,', Afi tLi Main size(s) QT S — `
Comments: JJIF/1/Ji tr77 1_14s
Is fire apparatus access sufficient? Yes, No (minimum width 20', turnaround minimum radius insidQ
22', minimum radius outside 45', minimum overhead clearance 13'6", maximum grade 6%)
Comments: C / /l.61 Oil" /r7/ At 151/ A-etes S tJ / cc/j.t'iie'& viv 62/zs. " s/6:4e
What is the location of the Fire Department Connection (siamese)?
Is the Fire Department Connection accessible? Yes o
Plan is: Approved Denied ''%a1 �:,_ � 09�9z _ I
District Chief Signature Date
Reason plan is denied:
C
Fire Prevention Approval: Yes No
Ty
ire Inspector Signature Date
Reason plan is denied:
•
General comments:
•
95 - 729
Leg -
COMMUNICATIONS
RECEIVED
500 North Carlton
Maplewood, MN 55119 O NOV 3 0 1994
November 25, 1994 <2 REAL ESTATE DIVISION
Mr. Dick McCann , ///
City of Saint Paul
Department of Finance and Management Services
Real Estate Division
140 City Hall
Saint Paul, MN 55102
RE: Finance Department File No. 23-1994
Dear Mr. McCann
This advises you that U S WEST COMMUNICATIONS, INC. does not oppose
the above referenced petition.
Should you have any questions regarding this matter, feel free to call
me at 612 730-1381.
Sincerely,
/
f✓) ;( -
Bruce J Sundberg
Engineer
Local Network Operations
U S WEST Communications, Inc.
•
. ,•
e45 - 729
1
CERTIFICATE OF INTENDED NON-USE
Date: 11/25/1994
THE HONORABLE MAYOR AND MEMBERS
OF THE COUNCIL OF THE
CITY OF SAINT PAUL
The undersigned hereby certify that they do not intend to
exercise their utility rights in the following described realty:
Part of Willius Street, bounded by vacated East Eighth Street and
East Seventh Street.
U S WEST COMMMIUNICATIONS INC.
Department or Company
by Its Local Network Operations Engineer
Signature Bruce J. Sundberg 67
STATE OF MINNESO'T'A )
ss.
COUNTY OF RAMSEY
The foregoing instrument was acknowledged before me this
28th day of November , 1994, by
Bruce J. Sundberg , the LNO Engineer
of U S WEST COMMUNICATIONS INC ,
a Corporation , under the laws of the State of
Colorado.
Notary Public, Ramsey County, Minnesota
My commission expires Lbw 3h zoo()
(Nonuse) ^^^^^^^A"
■M
THEODORE STROM JR.
X11 NOTARY PUBLIC-MINNESOTA
RAMSEY COUNTY
j22 MY Comm.EXWVSS J°^•81.2000
r
95 - 729
SAINT CITY OF SAINT PAUL Department of Finance and Management Services
PAUL
Norm Coleman, Mayor Real Estate Division
140 City Hall Phone: (612) 266-8850
MUM
___ Saint Paul, MN 55102 Fax: (612) 266-8855
o
November 9, 1994
' RECEIVED RECEIVED
David Urke NOV 1 41994 NOV 1 01994
District Energy St. Paul, Inc.
District Cooling St. Paul, Inc. REAL ESTATE DIVISION DISTRICT ENERGY
76 West Kellogg Boulevard
Saint Paul, MN 55102
Subject. Finance.De artment:File o. 23 94
Dear Mr. Urke:
The City Council has referred to this office for recommendation the petition of Kenneth
Tschrda, Mike Nicklaus and Space. cex ter,Inc :for the vacation of part of Willies Street,.
bounded by vacated East Eighth Street and Bast Seventh Street'.
The purpose of this vacation is to: use the $0,10c#toii:•fol*olockp#ryok:
Will you please advise me of any existing utility easements or of any concerns over the
intended future use of this proposed vacation. I would like to receive your comments before
................... ..................................
Dece ber 6 1994 > so I can prepare a report to the City Council on this matter. Please
refer to the above listed file number when replying.
If you have any questions regarding this matter, please call Dick McCann at 266-8850.
Sincerely,
November 10, 1994
Dear Mr. McCann:
Dick McCann District Energy St. Paul, Inc.
Real Estate Technician and District Cooling St. Paul,
Inc. have no equipment in
Attachment the area to be vacated and have
no ob 'ection to the vacation.
(ALTvacation) G1 4/44,
avi L. rke, P.E.
Project Engineer
95 - 729
$,11.N 1
PA"! Interdepartmental Memoran
01* CITY OF SAINT PAUL
AAAA RECEIVED
Y
November 10, 1994 z NOV V 1 it 1994
REAL ESTATE DIVISION
TO: Dick McCann
Real Estate Division
140 City Hall
FR: Robert Pir.m k
Division • • : Recreation
300 City Hall Annex
RE: Finance File No. 23-1994
Vacation of Part of Willius St.
The Division of Parks and Recreation has no objection to the referenced
vacation.
RP
u:\user\kc3\wp\dm.23
DEPARTMENT OF POLICE
William K. Finney, Chief of Police
95 - 729
SAINT CITY OF SAINT PAUL 100 East Eleventh Street Telephone: 612-291-1111
PAUL
Norm Coleman, Mayor Saint Paul,Minnesota 55101 Facsimile: 612-292-3711
AAAA
November 18, 1994
RECEIVED
Dick McCann
Real Estate Technician NOV 2 9 1994
140 City Hall
St. Paul, Minnesota 55102 REAL ESTATE DIVISION
Re: File No. 23-1994
Dear Mr. McCann:
The St. Paul Police Department has no objection for the vacation of part of Willius
Street, bounded by vacated East Eighth Street and East Seventh Street.
Yours truly,
William K. Finney
Chief of Police
' h
Lieutenant Z . Rya
Traffic and Acci.ent Section
RR:dm
DEPARTMENT OF PLANNING
&ECONOMIC DEVELOPMENT
95 - 729
SA/NT∎•
PAUL CITY OF SAINT PAUL Division of Neighborhoods and Housing
1* Norm Coleman, Mayor 1200 City Hall Annex
25 West Fourth Street Telephone: 612-266-6626
Saint Paul, MN 55102 Facsimile: 612-228-3341
A.iw
IMINIMINdillIMIN
e;
November 29, 1994 RECEIVED
L- ['fig 3 01994
REAL ESTATE DIVISION
Mr. Dick McCann
Real Estate Technician
Department of Finance and Management Services
Room 140 City Hall
Saint Paul, MN 55102
RE: Finance Department File No. 23-1994
Dear Mr. McCann:
We have no objection to the petition of Kenneth Tschida, Mike Nicklaus, and Space Center, Inc. for
the vacation of part of Willius Street bounded by the vacated East Eighth Street and East Seventh
Street for the purpose of using the subject area for parking.
Please contact Public Works regarding the existence of any utility easements.
Sincerely,
1)r U✓V v v
Dan Pahl
Project Manager
DGP
cc w/att: Larry Buegler
Cindy Carlson
K:\S FLARED\DGP\VACATE
95 - ?29
SAAINT
L CITY OF SAINT PAUL Department of Finance and Management Services
Norm Coleman, Mayor Real Estate Division
#1010t 140 City Hall Phone: (612) 266-8850
AAA* Saint Paul, MN 55102 Fax: (612) 266-8855
/0/1q1gX-
November 9, 1994 RECEIVED
Jerry Steenberg
NOV 161994 ,, �` �'���` (=� .t-+L)
Library Administration REAL ESTATE DIVISION
90 West Fourth Street 1
Saint Paul, MN 55102
` 74 / y '
GAT- �-'CELL, 17-.:4. 4 4 ` t J •
Subject: Finance Department Fire No 2 Y994
Dear Mr. Steenberg:
The City Council has referred to this office for recommendation the petition of Kenneth
Tsch da, Mike lNNicklaus an:d Space center, Inc, for the vacation of part illius Street,
0:60:00C!***40.00)000:1MOWSONOti.iikigiiiC$00041$000C
The purpose of this vacation is to:;use the subject area for vehicle parking.;
Will you please advise me of any existing utility easements or of any concerns over the
intended future use of this proposed vacation. I would like to receive your comments before
......................................................
Decernber41994> so I can prepare a report to the City Council on this matter. Please
...........:..::....
refer to the above listed file number when replying.
If you have any questions regarding this matter, please call Dick McCann at 266-8850.
Sincerely,
Dick McCann
Real Estate Technician
Attachment
(ALTvacation)
95 - 729
2250 LAKESIDE BLVD.
RICHARDSON, TX 75082
2 1 4 + 9 1 8 1 9 3 8
FAX 214 + 918 - 1999
A C C E S S
TRANSMISSION
SERVICES , INC . r�
December 9, 1994
City of Saint Paul
Department of Finance and Management Sercies
Real Estate Division
140 City Hall
Saint Paul, MN 55102
ATTN: Dick McCann
RE: Fince Department File Number 23-1994
A.T.S. ID NO. 22397
Dear Mr. McCann:
A.T.S. has received your letter regarding the above referenced project. Our records
indicate that A.T.S. does not maintain any facilities in this area and will not be involved
with this project as defined by your letter.
If you have any questions regarding A.T.S. underground plant records or require
additional information, please contact me at(214) 918-1977.
Sincerely,
Michael Warner
A.T.S. Documentation Division
cc: Vince Vaughan
file
A SUBSIDIARY OF MCI TELECOMMUNICATIONS CORPORATION
Proposed Parking \ /
g = 729
/ at
Willius & East 7th Street �3"t"eG
S t.. I'a u I, h1 N East 7th Street Ventures Inc.
(612)488.3913
FAX(612)699-7903
35€
Bane Prepared By: cite plan oreral16ui16n8layout
------ — mieioo rl change to parkins layout
HOUWMAN DESIGN 4ob r 94-142
4`WI` 1885 IJoirenury Argue Date 10'07191
Stele 398
Grove St .,1'p St.Fed,MN 55104 Drawn By BNINW
Ilk\ (612)646-4788
(fu)646-4636 Shea I Of 1
.........) .. Project
_ Location
Nom
PO Waif 1
Site Location /_ l
East 6th Street
1 1 1
I 1 I
I I I
I 1 1
1 1 I •
o
I
1 :1
I I) -
3
Lot 3 Lot2 Lott
I :.i.
I I I
I v IA
I I a th
I I I 'o Ilre hydrant
–*5
x
a
a1I0y
-`f 1 --1—J
I I I —
I I .. driveway
I I 4' 18'-0 30'-0 9'
tea'x)8'
I
I I stall(typ.)
I existing a /
building =
I 1 existing asphalt I
Lot 6 I Loll 1 Lots 25 x 71' a dub line
I I (aPWex.) 0.—
I`:'
mi
I I 0
I I • °— I::
0
I o j
I I j 2 oxidating gutter I.'.
I I stonn sewer drabs
I I _ existing gutter—.; r
s I d a w a I k ) storm sewer drains sidewalk –
• I set a 30.4)
East 7th Street rBY/BV
plan north
Schematic Parking Site Plan - Opt A ((
Graphic Scale v
0 10 30 70
95 - 729
T CITY OF SAINT PAUL Department of Finance and Management Services
PAUL
Alt Norm Coleman, Mayor Real Estate Division
140 City Hall Phone: (612) 266-8850
Aries Saint Paul, MN 55102 Fax: (612) 266-8855
November 9, 1994
Phillip Owens
Supr. of Inspections
Department of Fire & Safety
100 East Eleventh Street 0--
Saint Paul, MN 55101
Subject: Finance Department File No 23 1994
Dear Mr. Owens :
......... ..... .
The City Council has referred to this office for recommendation the petition of Kenneth
Tsch�da M
eke NJAIa4s aiad Space.;cOtex, I* for the vacation of paxt of'Wxl4s Street;
hounded by vacated Fast Eighth Street and Fast Seventh Street.
The purpose of this vacation is to: uise the sub,ectarea foar vehicle parking.
Will you please advise me of any existing utility easements or of any concerns over the
intended future use of this proposed vacation. I would like to receive your comments before
De:.c...emiber:::;6,;.:1994:;;:;: so I can prepare a report to the City Council on this matter. Please
refer to the above listed file number when replying.
If you have any questions regarding this matter, please call Dick McCann at 266-8850.
Sincerely,
Dick McCann
Real Estate Technician
Attachment
(ALTvacation)
95 - 729
CITY CLERK'S OFFICE
SAINT CITY OF SAINT PAUL 170 Cit y Hall Tel: 612-266-8694
PAUL
lik Norm Coleman, Mayor 15 W. Kellogg Boulevard Fax: 612-266-8689
Saint Paul, Minnesota 55102
AAA*
RECEIVED
N
November 7, 1994 Nov — R 1994
REAL ESTATE DIVISIO
Mr. Peter White
Valuation Engineer 6
Real Estate Division
140 City Hall
r es,
Dear Sir:
I refer to you to check as to form and sufficiency and for recommendation, the attached petition of Kenneth
Tschida, Mike Nicklaus and Space Center, Inc., for the vacation of that part of Willius Street lying between
East 7th Street on the Southeast, and for a distance of approximately one hundred fifty (150) feet
Northwesterly to the existing vacated parcel identified by Document #2345211.
Very truly yours,
4a,ACZeb ../a.A0 or.2
Frances Swanson
Deputy City Clerk
FS
Attachment
transmit.fms
;� Proposed Parking
/ at
Willius & East 7th Street miner )
S t. Paul, MN East 7th Street Ventures Inc. 9 5 — 4 9
(61214811-)913
FAX(612)6994903
34€
-d Pau Prepared ed By el plaa-overall ba76n j layou
11`` mieoa/I change to pettta ayW
HOUWMAN DESIGN Job, 94142
14€3 Uoi.erei Avenue Doe 1007194
ply St 4.4# SI.Pad.604 53104 tkawa By )3H/N W
D\ (612)646-1636
Meet 1 Or 1
dal)646-4636
PiOleCt
411111k Location
Site Location q�
as cols `
East eth Street
1 1 1 t:
I I I r,
1 1 1 it
1 I I _ .
1 I I l
I I I —�
I I I €.
• t;
I I ) 7
•
i
Lot 3 Lot 2 Lot 1 = i"
i I , 3
t I I -4,
_ 1_...
I I I L —�.
1 I 1 i
1 I I I"'
I I 1 I
I I I O lie hydrant I
I I 1 —cJ
Y I"
L..x'c .75 of/ ey /'ai-1 Gt>c. e . —:—+.
1 7 ...-------.....-- \ : I
% I 1 1 °
1 I t —6
I .4—driveway I
■
I 1:
1 1 existing _`— U.'
building .—
1 Lot e 1 tot 7 1 Lots 2s:7r ° �'
! r
4 I I UI ) —e— r:tr F.
I 1 �.—o— eWIIND�)�..
I I
o
E.
I I -
-o.— --I..;
I I
L
I I 2 existing pueer �'.
I I storm sewer drain F
I
saNlirq paler E:: .
1 I storm sewer drain—r)`. _
sidewalk �� ` sidewalk
i 1". pS-i
E.et 7th Street 'w'y
Iplan north
Schematic Parking Site Plan - Opt B /le Graphic Sca
0 10 33 70
I
' )/ -� _ - 3 % _ .
95 - 729
ADDENDUM to that certain Purchase Agreement dated this // day of .
, 1994, by and between Land & Oaks, Inc. (Seller), and East
/ )J Seventh Street Ventures, Inc. (Buyer), for the property located at 449 East
e�v
Sueenth Street.
Sp6,.Jp4 E
The'Earnest money of one thousand dollars ($1,000.00) has been paid to Seller,
//8/- receipt of which is hereby acknowledged. The Earnest money is nonrefundable,
and shall be retained by the Seller whether or not there is 'a closing. As a
condition of Buyer paying to Seller the Earnest money, Seller agrees to execute
a Power of Attorney authorizing George LeTendre, one of the Buyers, to
represent the Seller in all actions pertaining to the street vacate process and
variance process required for said property. Seller shall deliver to George
LeTendre, within five (5) days of the execution of this Purchase Agreement,
notarized Power of Attorney.
It is understood and agreed by both parties that it is Buyer's intent to operate a
Subway restaurant facility in the subject property. Buyer shall have one hundred
and forty days (140) from the date this Purchase Agreement is executed in which
to obtain all necessary permits, variances, licenses and street vacation
approvals required for the operation of said restaurant. If Buyer is unable to
obtain said permits, variances, licenses and street vacation approvals within this
time period, either party may, by giving written notice to the other party, cancel
this Purchase Agreement. In any event, Buyer shall have the option, within the
time period set forth above, to notify Seller of it's intent to close on the subject
property, whether or not the permits, variances, licenses or street vacation
approvals are obtained. Upon said notification, both parties shall act in good
faith and with timeliness in setting a closing date.
Seller agrees to work with Buyer in obtaining all necessary permits, variances,
licenses and street vacation approvals needed for the operation of a restaurant
facility in the subject property. Buyer shall pay for all fees in obtaining the
permits, variances, licenses and street vacation approvals.
,
95 - 729
All real estate taxes and special assessments shall be prorated between Seller
and Buyer as of closing. If closing does not occur before January 1, 1994 the
Buyer shall be responsible for the real estate taxes and special assessments as
of January 1, 1994, even though the closing takes place after January 1, 1994.
If Seller is required to do any work on the building by-the City of St. Paul prior to
the date of closing the purchase price shall be increased by the amount Seller
expends for the work. Seller agrees that prior to commencing any such work to
give seven (7) days written notice to Buyer setting forth the work required and
the approximate cost of said work. After receiving Seller's notice Buyer can
elect to do the work at no cost to Seller.
LAND & OAKS, INC. EAST SEVENTH STREET VENTURES, INC.
/ ,i 4,i 7 -' : - , . , -.4,-,
�v�
L
Seller Buyer
e,
, ,
fr,
__
95 - 729
All that part of Lot 8, Block 24, Kittson's Addition to St. Paul described as
follows, to-wit: Commencing at a point on the East line of said Lot 8, 28 feet
South from the Northeast corner thereof; thence West at right angles, 23.67 feet;
thence South in a straight line to a point on the South line of said Lot 8, 23.58
feet from the Southeast corner thereof; thence East along the South line of said
Lot 8, 23.58 feet to the Southeast corner thereof; thence Northerly along the
East line of sai of , 7)3.84 feet, more or less, to the point of begining.
Kenneth Tschida
w.
Lot 8, Block 24, Kittson's Addition to St. Paul, except that part thereof described
as follows: commencing at a point on the East line of said Lot 8, 28 feet South
from the Northeast corner thereof; thence West at right angles, 23.67 feet;
thence South in a straight line to a point on the South line of said Lot 8, 23.58
feet from the Southeast corner thereof; thence East along the South line of said
Lot 8, 23.58 feet to the Southeast corner thereof; thence Northerly along the
East line of said Lot 8, 73.84 feet, more or l= to the point of begining.
iIA 4',
Mike Nicklaus ()ac, p Gc O 0
Lot 1, Block 24, Kittson's Addition to St. Paul.
Space Center Inc.
Parcel G, Soo Line Plat No. 8.
Space Center Inc.
f, Proposed Parking / 95� 729
WiHius & East 7th Street Project 7
S t'. Paul, NI N East 7th Street Ventures Inc.
(612)4Ntla913
I / FAX 012)699 7903
35€
Ram Iu ol
Prepared By: sitr plan•overall building o
3. revision/I change to parking layout
HOUWMAN DESIGN ,,,, 94-142
�4 1885 University Avenue Date 10/07/94
Suite 398
Grow St E3. St.Paid,AIN 55104 Drawn By 111{/NW
Ik\ (612)616-4786
(fail)616-4636 Stied 1 Of 1
Project
_ Location
Nan
Site Location
_} _..-
no scale
East 8th Street
1 1 —I 4
I I I ea
1 1 1
a
1 I I z
(
3 1'
Lot 3 Lot 2 Lot 1 I P i
I I I I
I I
i
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• ttt
rA 6
I I . V fire hydrant _c
I I
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( Oe
alley O
fr
I I I
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I I _41, 18'-0 ,, 30'-0 j 9'_ .j:..
g
I 1 9x18' (..
• I I pall(typ.l
existing o
building =—
existing asphalt
Loot I Lot 7 I Lot 8 25'x 71' a curb line I'
I 1 (approx) °—
I1 1 o°
m_ L.
I I a ea i
o-
I I a
1 I .
I 1 2 exlellrg gutter
I I I
Mono sewer drakes
1 I - existing gutter +!'-'-.'
—
sidewalk— ) storm sewer drains sidewalk _
seta 30.0
East 7th Street driveway
plan north
Schematic Parking Site Plan - Opt A
0_)--
Graphic Scale
0 10 30 70
Form No.2083-03M—GENERAL.POWEf of AttorlNEY 9 5 - 1 2 9 Wg11M S.AMdh Cn
Slnlutnry Short rorm 19118
POWER OF ATTORNEY
NOTICE: 'TILE POWERS GRANTED BY THIS DOCUM ■,NT ARE BROAD AND SWEEPING, 'MEV
ARE DEFINED IN (M.S. 523-24). ': YOU HAVE ANY QUESTIONS ABOUT THESE i'OW-
ERS, OBTAIN (:OMPE;TENT A11•.'ICE. Tit? iISE OF ANY OTHER OR DIFFERENT
FORM OF POWER OF A'rTORP t•;Y DESIRED BY THE 1'AR'FIES IS ALSO J'ERn-1ITTED.
'EIiiS POWER OF ATTORNEY MAY 1W REVOKED BY YOU iF YOU LATER WISH TO
DO SO. Tins i'OWER OF A t. FORNEY AUTHORIZES TILE ATTORNEY-IN-FACT TO
ACT FOR YOU BUT DOES NOT REQUIRE THE ATTORNEY IN-FACT TO ACT FOR YOU.
kN')IYAl.L, 1'r1;S1 Nf.S. which ate intended to constitute a STATUTORY SHORT FORM POWER OF
ATTORNEY pursuant to chapter 61)3. section 25. of Minnesota l.,aw: M.S.. Section 52.1.23.
That I._Ke.nn.Gth._.Tschid_a P,O„.$ox 127 __.ForestLake ,__ MN 55025 —_
Name Addvss City Stale Zip
Do hereby appoint George LeTendre 1097 Churchill St . St . Paul , MN 55103
Name Address 1 it, Stale
my attorne f- -1-in-fact appoint to act f-jc4int41y-);
NOTE: If more than one attorney-in-fact is designated and the principal wishes each attorney-in-fact' e I
he able to exercise Ills power conferred. delete the word "Jointly". Failure to delete the word "Johttd'CJ
will require the attorneys-in-fact to act unaniniottsly.
First: IIn my name, place and stead in any way which I myself could do. if 1 were personally present. with
respect to the following matters as each of them is defined in M.S.. section 523.24)
TO GRANT THE ATTORNEY-IN-FACT ANY OP THE FOLLOWING POWERS, MAKE A CIIECK OR
(X) IN THE LINE IN FRONT OF EACH POWER BEING GRANTED. TO DELETE ANY OF TIIE FOL-
LOWING POWERS. DO NOT MAKE A CHECK OR (X) iN THE LINE IN FRONT OFTIHE POWER. YOU
MAY. BUT NEED NOT. CROSS OUT EACH POWER BEING 17ELt TED W1'I'il A LINE DRAWN
TIIROUGII IT (OR IN SIMILAR FASi1ION). FAILURE TO MAKE A CHECK OR (X) IN THE LINE iN
FRONT OP THE POWER WILL IIAVE THE EFFECT OF DELETING TILE POWER UNLESS THE LINE
IN FRONT OP THE POWER OF (0) IS CiIECKED OR X-Eb.
CHECK OR (X)
X (A) real property transactions: relating only to cate,,,krocess and the
variance require ft�7t,vt-t4 E :�r:7, th treet
------ (B) tangible personal property transactions: Crkie3 WilId " r'`` M
vniuco e'
oart.r a+sn►q ter- ";Y•
(C) bond. share. and commodity transactions: ......,. ,��
(D) banking transactions:
(E) business operating transactions:
(F) insurance transactions:
_—, (G) beneficiary transactions:
(Ii) gift transactions:
(I) fiduciary transactions:
(J) claims and litigation:
(K) family maintenance:
(L) benefits from military service; -
(M) records. reports. statements:
(N) all other matters:
(0) all of the powers listed in (A) through (N) above.
SECOND: (YOU MUST iNDIC'-\TE BELOW WHETHER OR NOT-r11tS POWER OFArrORNEY WiLL 13E
EFFECTIVE IF YOU BECOME INCOMPETENT. MAKE A CHECK OR (X) IN TILE LINE IN
FRONT OF THE STAIEMEN'l' TiiAr EXPRESSES Y(.)UR INTENT.
power of attorney shall continue to be effective if I become incompetent. it shall not be affected by
my later disability or incompetency.
X This power of attorney shall not be effective if I become incompetent.
•
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1, — 9
No.50171/2 9 5 7 2
(REVISED OCTOBER 1985) ,
NELSON'S OFFICE YE169 9a �P1
SUPPLY STORES PURCHASE AGREEMENT PINK-Sraer's Co
COLD–Bola.R ipt
-4. FORM APPROVED BY MINNESOTA ASSOCIATION OF REALTORS –+
Lb . 1!_ 19 :Q`
RECEIVED OF f;a:3t 4evet;t h , tree t•
the sum of 0.4e..:.'Tho.0 ($.1•,•00.0.,•0.0..) DOLLARS
sand.:110./00
as.earnest money and in part payment for the purchase of property at
(Check.Cash or Note-State Which)
449 Se.ve.n.•h....$1 rno.t...f'.��At..... ,t...::.P u.l.
4 situated in the
County of Pa.t:.li r " ,State of Minnesota,and legally described as follows, to-wit.
Pfirt of Lot ,8, ;AB1ocic ,'2401ittso'n 's Addition to . St. Paul; full 1ega1'`
to govern' and to•. be furrished by, Se11er •
• including all garden bulbs,plants,shrubs and trees,all storm sash;storm doors,detachable vestibules,screens,awnings,wind.
shades, blinds (including venetian blinds),,curtain rods„traverse.rods,'drapery rods, lighting fixtures and bulbs, plumbi
fixtures, hot water tanks and heating'plant;(with any burners; tanks,'stokers and other equipment used in connection there- -
with), water softener and liquid gas',,tank and;controls (if'the property of seller), sump pump, television antenna, inci l
�
ator, built-in dishwasher,.garbage disposal,;ovens, cook cop;stoves'and central air conditioning equipment, if any, used a'
located on said premises and including also the following personal property:
all of which property the undersigned has this day sold to the buyer for the sum of:
Tlitr ty—Three 'Thousrtr a titf• •NQ/QQ ($3.3.,.0.0O...0O) DOLLARS,
which the buyer agrees to pay in the following manner:
1 000'.00' '' • 2
Earnest money herein paid $ ' and .32' 000:00
000:00
,cash,on ,the date of closing.
I Sec.! Aditonduin •
•
•
•
Subject to performance by the buyer the seller,agrees to execute and'deliver a Warranty Deed
(to be joined in by spouse,if any) conveying marketable title to said premises subject only to the following exceptions: •
(a) Building and zoning laws,ordinances,,State.and Federal regulations,..,[:' .
(b) Restrictions relating to,use or'improveme,nt of premises-without'effective forfeiture provision.
(c) Reservation of any minerals or mineral rights to,the State of Minnesota...;
(d) Utility and drainage easements which do-not`interfere with present'improvements. •
(e) Rights of tenants as follows:�.,(unless specified,'not;st,bject to tenancies)
:The-buyer-shall-pay-the'real-estate'-taxes.due=in•the-yeas.if}-f}4+,.,-and-any unpaid-instlllments•of.special-assesments.payable-therewith
• -and-thereafter,-Seller-warrants-that-real*estate-taxes,"due-•tit-the-year-l9- ..e---will be--------•^--'-- —homestead-classification
(-fully partiel•or-non-homestead—state-which•)
Seller covenants that buildings,rf any,are entirely within the boundary lines of the property and-agrees to-remove-all.personal-property
not.i net uded••hereirr and-all-debris-f rom.the-pretrri set-prior:to-possession-dater Seller.warrants-all.appliancesrheatingrair-conditionings•wiring-
and plumbing-used-and.iocated-en:said-premises-are-irrpioper-werking-order-at-date of dosing.
The seller further agrees to deliver possession not later.than:... 3.GS i,fl)%' • provided that all conditions of this
agreement have been complied with.-Unless•otherwise.specified-this-sa le.shall-be'closed-4,o or-before.60-days-from-the-date'hereof.
In the event this'property.is destroyed or.;substantially;,damaged;byfire or any other cause before the closing date,this agreement shall
become null and void,at the,purchases s',optipn,,and all monies paid.hereunder shall be refunded to him.
The buyer and seller also mutually;igree th.t'pro,rata adjustmep[}ts'of Tents, interest,insurance and city water,'and, in the case of
income property,current operating expenses,;hall be made'as of;,:..:� ..C.�.h.Q.4. Il;
The seller shall, within.a reasonable'tiin after approval of this"agreement, furnish an'abstract'of title, or a Registered Property
Abstract certified to date to include proper'searches;Covering'bankruptcies, and State and Federal judgments and liens..The buyer shall be
allowed 10 days after receipt.thereof foe examination,of'said.title and'.the making of any objections thereto,said objections to be made in
writing or deemed to be waived. If any'objections°are so made,the-seller shall be allowed 120 days to make such title marketable. Pending
correction of title the payments hereunder,,requiredlshall•be postponed,'but upon correction of title and within 10 days after written notice
to the buyer,the parties shall perform this agreement according to its terms.' , •
If said title is not marketable andis not made so within'120`days'from the date of written objections thereto as above provided, this
agreement shall be null and void, and neither..principal,shall be liable..for damages hereunder to the other principal. All money theretofore
paid by the buyer shall be refunded. If the title to said property be found'marketable or be so made within said time, and said buyer shall
default in any of the agreements and continue'in default for a period of.10 days,then and in that case the seller may terminate this contract
and on such termination all the payments made upon"this'contract shall be retained by said seller and said agent, as their respective interests
may appear,as liquidated damages,time being Of the essence hereof.This provision shall not deprive either party of the right of enforcing the
specific performance of this contract provided'such contract'.shall not be'terminated as aforesaid, and provided action to enforce such specific
performance shall be commenced within,six•months'after'such right of action shall arise. , . .
It is understood and agreed that,,this•sale ii made subject to the approval by the owner of said premises in writing and that the under-
signed
agent is in no manner liable or responsible on account of this agreement,except to return or account for the earnest money paid under
this contract
AGENCY DISCLOSURE. (' , T o n dr e 13 stipulates he.or she is representing the t1 y El t
in this transaction.The listing agent or broker stipulates'he or she is representing the seller in this transaction.,,
The delivery of all papers and monies shalt be made at•the office'of:
C:eorge ,LeTcndro rat,
1640 Como Ave
t Paul', kill �`f510t3 F ,,` By. Agent
I,the undersigned,owner of the above land do hereby.approve "'I
the above agreement and the sale thereby made hereby agree to purchase the said pro ttY for the price and
' "';
k t
-. �,'+: s � , coupon the terms above mentioned, and subject to all conditions
• Land a Oaks,'' Inc'. I+ ' A c herein expressed.
.A `i;jil.11.f}.t` 5t.f..1� i.(t.�.n:Ax9ti') ; 'i ` (S AL) last`'fSeventh treet` Ventures , . Inc .
Seller , *sf t 4"<` , fy ». +— (SEAL)
� 1 Il J/r• ) ller N �'f ;;' � I ”' Y
1 i SEAL) ;,. ,C
'Q
` (SEAL)
Buyer
teven
t3oltnn , 3.1...1 r . �`�ttd•,nt
TIIIS IS A LEGALLY BINDING CONTRACT. IF NOT UNDERSTOOD, SEEK' COMPETENT ADVICE.
95 - 729
I to. ,n.
Title Resources Corp.
CERTIFIED OWNERSHIP REPORT
AS TO REAL PROPERTY ADJOINING AND ABUTTING
REAL PROPERTY LEGALLY DESCRIBED AS: D
THAT PART OF WILLIUS STREET LYING BETWEEN EAST 7TH STREET ON THE SOUTHEAST,
AND FOR A DISTANCE OF APPROXIMATELY ONE HUNDRED FIFTY FEET NORTHWESTERLY
TO THE EXISTING VACATED PARCEL IDENTIFIED BY DOCUMENT#2345211
STATE OF MINNESOTA
SS
COUNTY OF RAMSEY
NATIONAL TITLE RESOURCES CORP. does hereby certify that the following exhibits consisting of
entries numbered 1 to 4 inclusive, constitutes a true and complete report of the apparent ownership of
each of the described premises, which include all parcels of land adjoining and abutting any part of the
captioned premises, all as shown by the records in the Register of Deeds and/or Registrar of Titles of
said County.
Dated this 28th day of October, 1994 at 8:00 A.M.
NtiAoiil
Title Resources Corp.
95 - 729
PARCEL NUMBER 1:
PROPERTY ADDRESS 447 7TH ST E
ST. PAUL MN 55101-2433
FEE OWNER MICHAEL A NICKLAUS
DAVID L LE PAGE
447 7TH ST E
ST. PAUL MN 55101-2433
LEGAL DESCRIPTION LOT 8 BLOCK 24 KITTSONS ADDITION TO ST. PAUL EXCEPT
BEGINNING ON SELY LINE OF AND 23 58/100 FEET SWLY FROM
EAST CORNER OF LOT 8 THEN TO SD EAST CORNER THEN NWLY
73 84/100 FEET MOL ON NELY LINE OF LOT 8 TO POINT 28 FEET
SELY FROM NORTH CORNER OF LOT 8 THEN SWLY AT R A 23
67/100 FEET THEN SELY TO BEGINNING
LOT SIZE 3,255 SQ FT
.07 ACRES
TAX ID NUMBER 32-29-22-32-0011-9
PARCEL NUMBER 2;
PROPERTY ADDRESS 449 7TH ST E
ST. PAUL MN 55101-2433
FEE OWNER LAND & OAKS INC
PO BOX 117
FOREST LAKE MN 55025-0117
LEGAL DESCRIPTION PART OF LOT 8 BLOCK 24 KITTSONS ADDITION TO ST. PAUL BEG
ON SELY LINE OF AND 23 58/100 FEET SWLY FROM EAST CORNER
OF LOT 8 THEN TO SD EAST CORNER THEN NWLY 73 84/100 FEET
MOL ON NELY LINE OF LOT 8 TO POINT 28 FEET SELY FROM NORTH
CORNER OF LOT 8 THEN SWLY AT RIGHT ANGLES 23 67/100 FEET
THEN SELY TO BEGINNING
LOT SIZE 1,744 SQ FT
.04 ACRES
TAX ID NUMBER 32-29-22-32-0012-2
PARCEL NUMBER 3:
PROPERTY ADDRESS 483 13TH ST
ST.PAUL MN 55101
FEE OWNER SPACE CENTER INC
1600 INTERNATIONAL CTR 900 2ND AVE S
MPLS MN 55402-3387
LEGAL DESCRIPTION VAC ST ACCRUING &ALL OF LOTS C,D,E,F& LOT G SOO LINE
PLAT NUMBER 8
LOT SIZE 287,848 SQ FT
6.60 ACRES
TAX ID NUMBER 32-29-22-32-0024-5
95 - 729
PARCEL NUMBER 4:
PROPERTY ADDRESS 8TH ST E
ST.PAUL MN 55101
FEE OWNER SPACE CENTER INC
1600 INTERNATIONAL CTR 900 2ND AVE S
MPLS MN 55402-3387
LEGAL DESCRIPTION VAC STS ACCRUING AND LOTS 1 AND LOT 2 BLOCK 24 KITTSONS
ADDITION TO ST. PAUL
LOT SIZE 20,098 SQ FT
.46 ACRES
TAX ID NUMBER 32-29-22-32-0027-4
NOTICE OF PUBLIC HEARING
Notice is hereby given that the petition of Kenneth Tschida, Mike
Nicklaus and Space Center, Inc . , for the vacation of that part of
Willius Street lying between E. 7th St . on the Southeast, and for
a distance of approximately one hundred fifty (150) feet
Northwesterly to the existing vacated parcel 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 5th day
of July, 1995 at 3 : 30 P.M.
Dated June 8, 1995
Frances Swanson
Deputy City Clerk
(June 10, 1995)
CITY CLERK'S OFFICE
S AINT
L CITY OF SAINT PAUL 170 City Hall Tel: 612-266-8694
Norm Coleman, Mayor 15 W. Kellogg Boulevard Fax: 612-266-8689
Saint Paul, Minnesota 55102
AIM
November 7, 1994
Mr. Peter White
Valuation Engineer
Real Estate Division
140 City Hall
Dear Sir:
I refer to you to check as to form and sufficiency and for recommendation, the attached petition of Kenneth
Tschida, Mike Nicklaus and Space Center, Inc., for the vacation of that part of Willius Street lying between
East 7th Street on the Southeast, and for a distance of approximately one hundred fifty (150) feet
Northwesterly to the existing vacated parcel identified by Document #2345211.
Very truly yours,
40...ACGo Crito or?
Frances Swanson
Deputy City Clerk
FS
Attachment
transmit.fms
CITY CLERK'S OFFICE
SAINT CITY OF SAINT PAUL 170 City Hall Tel: 612-266-8694
PAUL y
Norm Coleman, Mayor 15 W. Kellogg Boulevard Fax: 612-266-8689
Saint Paul, Minnesota 55102
AIM
mow
November 7, 1994
Mr. Peter White
Valuation Engineer
Real Estate Division
140 City Hall
Dear Sir:
I refer to you to check as to form and sufficiency and for recommendation, the attached petition of Kenneth
Tschida, Mike Nicklaus and Space Center, Inc., for the vacation of that part of Willius Street lying between
East 7th Street on the Southeast, and for a distance of approximately one hundred fifty (150) feet
Northwesterly to the existing vacated parcel identified by Document #2345211.
Very truly yours,
4a1106 aito 01'1
Frances Swanson
Deputy City Clerk
FS
Attachment
transmit.fms
SAINT
P A U I. Interdepartmental Memorandum
tAk CITY OF SAINT PAUL
AAAA
To: All Council Members j
From: Peter White -.� i
Right of Way Engineer
140 City Hall
Date: June 8, 1995
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The petition of Kenneth Tschida and Mike Nicklaus is for the vacation of the above
mentioned street between East Seventh Street and vacated East Eighth Street.
The purpose of this vacation is to allow the development of resturant parking for
the neighboring private improvement.
I recommend a public hearing before the City Council be held on 3
The subject petition is in proper form and has been signed by the requisite number of
property owners.
This property is located in City Council District , Planning District ic
C'e Y-an e„,4, or .
(altfl0Hear) /
VACATION REQUEST
To: Council of the City of St. Paul
The Petitioners set forth below do hereby petition the Council of the City of St.
Paul to vacate the public land described below:
That part of Willius St. lying between E. 7th St. on the Southeast, and for a
distance of approximately one hundred fifty (150) feet Northwesterly to the
existing vacated parcel identified by Document#2345211.
It is the intention of the adjoining property owners to use the vacated property for
parking.
The following individual, being the contract purchaser of Kenneth Tschida's
property, shall act as the attorney-in-fact for Kenneth Tschida.
George A. LeTendre
1097 Churchill St.
St. Paul, MN 55103
4411191211100fe)
488-3913(h)
The names of the Petitioners are as follows:
Kenneth Tschida
P.O Box 127
Forest Lake, MN 55025
Mike Nicklaus
447 East Seventh Street
St. Paul, MN
298-8776
Space Center, Inc.
444 Pine St.
St. Paul, MN
228-4444
All that part of Lot 8, Block 24, Kittson's Addition to St. Paul described as
follows, to-wit: Commencing at a point on the East line of said Lot 8, 28 feet
South from the Northeast corner thereof; thence West at right angles, 23.67 feet;
thence South in a straight line to a point on the South line of said Lot 8, 23.58
feet from the Southeast corner thereof; thence East along the South line of said
Lot 8, 23.58 feet to the Southeast corner thereof; thence Northerly along the
East line of sai of , 7)3.84 feet, more or less, to the point of begining.
Kenneth Tschida /"/�-�
Lot 8, Block 24, Kittson's Addition to St. Paul, except that part thereof described
as follows: commencing at a point on the East line of said Lot 8, 28 feet South
from the Northeast corner thereof; thence West at right angles, 23.67 feet;
thence South in a straight line to a point on the South line of said Lot 8, 23.58
feet from the Southeast corner thereof; thence East along the South line of said
Lot 8, 23.58 feet to the Southeast corner thereof; thence Northerly along the
East line of said Lot 8, 73.84 feet, more or I: to the point of begining.
_ - /_. ��•. b'.
Mike Nicklaus pave D L6 ,•V
Lot 1, Block 24, Kittson's Addition to St. Paul.
Space Center Inc.
Parcel G, Soo Line Plat No. 8.
Space Center Inc.
I, George LeTendre, as attorney-in-fact for one of the petitioners in the above
matter, do hereby swear and verify that each of the signatures on this petition
was signed by the person described in the petition and in my presence.
- , .4,..-4/26.
Subscribed and sworn to, before me and
3/ day of 67/VA-61)(- I q
1994.
te,..,vvwvo.,,,,,,,,,,,,,,,,,,,,,,vvvv,,,,,.. WLit sse,�
LINDA t_.COX (Not—
awry) LisA
�`� 1��!nOTA�,. P�
26¢A �If1M3EY COUtfi f My Comm.Eypros Jan 26,199/j 5
MI V~AAAAAWAANWIWWWWWWV
_ •\.
No.50171 ..
(REVISED OCTOBER 1985) .
NELSON'S OFFICE WHITE—Office
SUPPLY P _B Cp p)
y
PURCHASE. AGREEMENT PINK—Seller's Coy
GOLD—Buyer's Receipt
•. FORM APPROVED BY MINNESOTA ASSOCIATION OF REALTTO/O��RS,,cc� AA
0e€4-•^G- � 19 is 1
• RECEIVED OF East $0yent}}: $triPA V.oa>r.11.Y.e.4-.....,ZaQ...
•
. the sum of One..:.Th.o.us.and...11O.00 ($ 1.,.0.0-0...0.0..) DOLLARS
. , +• * • ' ' 'as earnest money and in part payment for the purchase of property at
(Check Cash or Note—State Which) t.
449 S*;.ve:n.t~t>,...S .r. a.t. :Fiet,. Sl: Paul- 7 • • situated in the
County of Ramsay '' ",'State of Minnesota,and legally described as follows, to-wit
Part of Lot 8, 131ock r24� Ritteont.s 'Addition to .St .Paul;, full' legate\ •
to govern anti to:. be •furnished .by Seller , ,
including all garden bulbs;plants,shrubs and trees,•all stormsash,storm doors,detachable vestibules,screens,awnings,window
•shades, blinds .(including-venetian blinds), curtain rods„`traverse.rods;'drapery'rods, lighting fixtures and bulbs, plumbing i
•fixtures, hotwater tanks and heating'plant;(with any burners; tanks,'stokers and other equipment used in connection there- •
with), water softener and liquid gas tank and controls (if;`the property;of seller), sump pump, television antenna, inciner-
ator, built-in dishwasher,`garbage disposal,ovens;'cook top'stoves'and central air conditioning equipment,if any, used and
located on said premises and including also the•following personal property:
•
all of which property the undersigned has this day,sold to the buyer for the sum of: •
Thirty—Three "thousand' 4nt4- •61Q/QQ • ($3.3.,.0.Q0....00) DOLLARS,
which the buyer agrees to pay in the following manner .. •
Earnest money herein paid$1 ,00(Y.00 'and$3`. 0.00.00, h,on ” , the dace of closing.
• s See Addendum . , '
• f '
•
• ip ,,•
•Subject to performance by the buyer the seller agrees to execute'anddeliver a ('i a i13 r a l Warranty Deed
(to be joined in by spouse,if any)-conveyinginarketable title to said premises•subject only to the following exceptions:'. •
• (a) Building and zoning laws;ordinances:'State'and Federal regulations..;,;.".ti-i'-
(b) Restrictions relating to use or improvementof premises without effectiveforfeitureprovision ,
(c) Reservation of any minerals or mineral rights to:the State of Minnesota:,.
(d) Utility and drainage easements which do notinterfere with present:improvements.
• (e) Rights of tenants as follows:.(unless specified,>'notsubject to tenancies) ?.:: . ••, •: • ••
•The-buyer-shall-pay-the•teal-estate4aatas••dueliii.LlTe-yeas-dt}-9-41A-and-say-unpaid-installments-of•special-assesments•payable therewith
-and-thereafterti-Seller-warranrr that-rrel estateLtaxes due-in-the-year 49- .rxr. will•be------------------——homestead-classification
`k'€ s ;',16i , 1••: j " 44u4li•pert ial•ornon-homestead---state-which-)'
Seller covenants that buildings,if:any,are entirely'within,the boundary lines of the property•andagrees to-remove-all•personal-property
not-included-herein and-aH•debris fronrthepremises-priorter.possession-dater Seller warrants-ell appliances,-heating,rain-conditienings-wrnng-
and•plumbing-used-and-le€ated-on-said-premises-are-improper-werking;order-et-date of-closing. provided that• . -
The seller further agrees to deliver possession'not,.laterI than' .1.dsIl.f;• . all conditions of this
agreement have been complied with.-Unlesrotherwise•specified-tlsis sale•shall-be•c-losed•Direrrefers•60-days•from-the-date•hereof.
In the event this•property is destroyed or,sub_stantially,damaged.by fire or any other cause before the closing date,this agreement shall
become null and void,at the"purchaser's'.option;and all monies paid,hereunder shall be.refunded.to him. ', -
The buyer and seller also mutually.-agree th t*pro rata adjustmeiQts Of',rents, interest'insurance and city water,'and, in the case of
income property;current'operating expenses,shall be•made as of..." • C;i.Q S. Lily'• '' , '. • t' • ,
. The seller shall, within a reasonable time after approval:of this';agreement;*furnish an abstract of ticlC, or a Registered Property
Abstract certified to date to include proper searches.'covering bankruptcies','and State and Federal•judgments and liens.,The:buyer shall be
allowed 10 days after receipt:thereof for examina�tion.of.'said•title and;the making of any objections thereto,said objections to be:made in
writing or deemed to be waived. If any objections are so made'the seller shall.be allowed 120•days to make such title marketable.Pending
correction of title the payments'hereunder:requiied.shall--be postponed,'but upon correction-of title and within'10 days after written notice
to the buyer,the parties shall perform this agreement according to.its terms. , -
If said title is not marketable and is not made so within',120-days'from the date of written'objections thereto as above provided, this
agreement shall be null and void, and neither.principal shall be liable..for damages hereunder to the other principal. All money theretofore
paid by the buyer shall be refunded. If the title to'said property be found•marketable or-be so made within said time, and said buyer shall
default in any of the agreements and continuein default for a period•of:10.days,then and in that case the seller may terminate this contract
and on such termination all the payments made upon:this contract shall:be retained by said seller and said agent, as their respective interests
may appear,as liquidated damages,time being of•theessence hereof.'This'provision"shall not deprive either party of the right of enforcing the
specific performance of this contract provided'such contract shall not be'terminated as aforesaid,and provided action to enforce such specific•
performance shall be commenced within:six months'after'such right of action shall.arise. . . :.•
It is understood'and agreed that this sale is made subject to the approval by the owner of said premises in writing and that the under-
signed agent is in no manner liable or responsible on account of this agreement,except to return or account for the earnest money paid under
this contract
Geol. ge LeTendre >'• ` • • Buyer
AGENCY DISCLOSURE. stipulates he or she is representing the
in this transaction.The listing agent or broker stipulates he or she is representing the seller in this transaction •
The delivery of all papers and monies shall be made at the office of: • ' •
•
George ,LeTenure:
5::t. Paulo AVE!i51083
B Agent•
I,the undersigned,owner of the above land,do hereby approve ' Y r
.-, ;',;;,,,.....1 hereby agree to purchase the said property for the price and•
the above agreement and the sale thereby made ,` .
supon`•„the terms above mentioned, and subject to all conditions
Land t. herein expressed. •
,,an<! �t Gales, Inc. ., .
A liKII1.(gQ.1;:;� i.Q.r.pctr9,ti.r?TL ' ' T(S AL) last' Seventh Street” Ventures , Inc
Seller ,? r r ,� (SEAL)
i. .. . (,� vys e
��/f T
�I , • 1 ..L!'�n"•*//�! SEAL) . " .a. C • w' 74C1--- ......K. (SEAL)
• ller I/ - .Buser
/ 1 Stc�v�n )lotton , 11.13 °resid':nt
......r Tr ■ T.- • ..T v TTNT TITTTI' !'/1TTTD A('?' TD NT(1T T Th7 Tlr T)CT/'111T1 CrrTr l'Ilt\l TVT'UTTT A TV TT1'D
Form No.208 -RAM—GENERAL POWER OF ATTORNEY WOW 5 An..th Cn
Slntutmv Short r orm tot78
POWER OF ATTORNEY
NOTICE: '1'1IE POWERS (:RANTED BY TiiIS DOCUMENT ARE (BROAD) AND SWEEPING, THEY
ARE 1)1 TINED IN (M.S. 523-24). YOU HAVE ANY QtJES PIONS ABOUT THESE i'OW-
ERS, OBTAIN COMPETENT Al t%ICE. THE I ISE OF ANY OilIER OR DIFFERENT
FORM OF POWER OF ATTORr IA DESIRED BY -1'111; rum Es iS ALSO PERMiTTED.
THiS POWER OF ATTORNEY MAY BE REVOKED BY YOU IF YOU LATER WISlI TO
DO SO. THIS POWER OF A ( 1'ORNEY AUTHIORiZES TiHE ATTORNEY-iN-FAC1' TO
ACT FOR YOU BUT DOES NOT REQUIRE THE ATTORNEY IN-FACT TO ACT FOR YOU.
KNOW Art, 173'771ESE PRESENTS. which ate intended to constitute a STATUTORY SHORT FORM POWER OF
ATTORNEY pursuant to chapter 61)3. section 25, of Minnesota Law: M.S.. Section 523.23.
That I-_Kanne PyQ�_._$o-.x 127 __.Forest.-_Lake, MN 55025
Nance Adttr••sa Cite Stale Zip
Do hereby appointGeorge LeTendre 1097 Churchill St . St . Paul , MN 55103
N:mtc Address t it■ Slate lip
my attornevf•w)-in-fact appoint to act (1o4i 4t-Iv-);
NOTE: If more than one attorney-in-fact is designated and the principal wishes each attorney-in-tact alone to
he able to exercise the power conferred, delete the word "Jointly''. Failure to delete the word "Jointly''
will require the attorneys-in-fact to act unanimously.
First: din my name, place and stead in any way which I myself could do. if 1 were personally present, with
respect to the following matters as each of them is defined in M.S.. section 523.24)
TO GRANT THE ATTORNEY-iN-FACT ANY OF THE FOLLOWING POWERS, MAKE A C1 EECK OR
(X) IN -rim LiNE IN FRONT OF EACH POWER BEING GRANTED. TO DELETE ANY OF THE FOL-
LOWING POWERS. DO NOT MAKE A CHECK OR (X) iN THE LINE IN FRONT OF THE POWER. YOU
MAY. BUT NEED NOT, CROSS OUT EACH POWER BEiNG DELF;•T'ED WITH A LINE DRAWN
THROUGH IT (OR iN SIMILAR FASiIION). FAILURE TO MAKE A CHECK OR (X) IN TiHE LINE IN
FRONT OF THE POWER WiLL HAVE; Tl1E EFFECT Or DELETING TIIE POWER UNLESS THE LiNE
IN FRONT OF TiiE POWER OF (()) IS CHECKED OR X-ED.
CHECK OR (X)
X (A) real property transactions: relating only to lie ,vacate ,process and the
variance require fdx',1+ ::E:: :7thestreet
---- (B) tangible personal properly transactions:
f co•rx•Tesarc;3,-
(C) bond. share. and commodity transactions:
(D) banking transactions:
(E) business operating transactions:
(F) insurance transactions:
(0) beneficiary transactions:
(II) gift transactions:
(1) fiduciary transactions;
(J) claims and litigation:
(K) family maintenance:
(L) benefits from military service: -
I (M) records, reports, statements:
(N) all other matters:
(0) all of the powers listed in (A) through (N) above.
SECOND: (YOU MUST iNDiCATE BELOW WHETHER OR NOT THIS POWER OF ATTORNEY WiLL BE
EFFECTIVE IF YOU BECOME INCOMPETENT. MAKE A CIiECK OR (X) IN T11E LINE IN
FRONT OF TiHE STATEMENT TIIAT EXPRESSES YOUR INTENT.
__. This power of attorney shall continue to he effective if i become incompetent. It shall not he affected by
my later disability or incompetency.
X This power of attorney shall not be effective if 1 become incompetent.
mum:IIRD: I YOU MUST INDICATE 111 1..OW WHETHER TER OR NOT THIS POWER OF ATTORNEY AU-
fl IORI-LES TT IE ATTORNEY-IN-FACT TO TRANSFER YOUR PROPERTY DIRECTLY TO AT-
TORNEY-IN-FACT. MAKE A CHECK OR (X) IN FRONT OF THE STATEMENT THAT EX-
PRESSES YOUR INTENT.)
This power Of attorney audio'izcs the attorney-in-fact to receive the transfer directly.
X This power of attorney does not authorize the attorney-in-fact to receive the transfer directly.
IIIn witness whereof I have hereunto signed my name
it l�
this--------------------------------------------
I
day tlr.. �= — •
Signature of Pi in. ,I
•
II Signature of Itorney( 1-In-Fact
The foregoing instrument was acknowledged before me this I i --day of_ ge%Z 19 7 7` ,
by KPnnerh Tsrhi da. _—_—
NorAR111 STAMP OR SE.,\I.(OR Ill 1 1 1 R if l I_E tI t RANK,*4,0'!1,-, NANCY JO PROVOST
NOTARY MAX•■•■•was=
RAMSEY COUNTY
my COMMISSION WARN 14140 I •
GNATURE OF OTARY ICI-OR OnIER OFFICIAL
State of Minnesota
County of Ramse y ` S
—__--
THIS INSTRUMENT WAS DRAFTED BY:
George LeTendre
---- — (Name)
1097 Churchill St .
----- - — ----------- (Address)
St . Paul , MN 55103
ADDENDUM to that certain Purchase Agreement dated this // day of .
, 1994, by and between Land & Oaks, Inc. (Seller), and East
/4/1. Seventh Street Ventures, Inc. (Buyer), for the property located at 449 East
Sv eenth Street.
The'1=arnest money of one thousand dollars ($1,000.O0) has been paid to Seller,
/d receipt of which is hereby acknowledged. The Earnest money is nonrefundable,
and shall be retained by the Seller whether or not there is 'a closing. As a
condition of Buyer paying to Seller the Earnest money, Seller agrees to execute
a Power of Attorney authorizing George LeTendre, one of the Buyers, to
represent the Seller in all actions pertaining to the street vacate process and
variance process required for said property. Seller shall deliver to George •
LeTendre, within five (5) days of the execution of this Purchase Agreement, a
notarized Power of Attorney.
It is understood and agreed by both parties that it is Buyer's intent to operate a
Subway restaurant facility in the subject property. Buyer shall have one hundred
and forty days (140) from the date this Purchase Agreement is executed in which
to obtain all necessary permits, variances, licenses and street vacation
approvals required for the operation of said restaurant. If Buyer is unable to
obtain said permits, variances, licenses and street vacation approvals within this
time period, either party may, by giving written notice to the other party, cancel
this Purchase Agreement. In any event, Buyer shall have the option, within the
time period set forth above, to notify Seller of it's intent to close on the subject
property, whether or not the permits, variances, licenses or street vacation
approvals are obtained. Upon said notification, both parties shall act in good
faith and with timeliness in setting a closing date.
Seller agrees to work with Buyer in obtaining all necessary permits, variances,
licenses and street vacation approvals needed for the operation of a restaurant
facility in the subject property. Buyer shall pay for all fees in obtaining the
permits, variances, licenses and street vacation approvals.
All real estate taxes and special assessments shall be prorated between Seller
and Buyer as of closing. If closing does not occur before January 1, 1994 the
Buyer shall be responsible for the real estate taxes and special assessments as
..of January 1, 1994, even though the closing takes place after January 1, 1994.
If Seller is required to do any work on the building by-the City of St. Paul prior to
the date of closing the purchase price shall be increased by the amount Seller
expends for the work. Seller agrees that prior to commencing any such work to
give seven (7) days written notice to Buyer setting forth the work required and
the approximate cost of said work. After receiving Seller's notice Buyer can
elect to do the work at no cost to Seller.
LAND & OAKS, INC. EAST SEVENTH STREET VENTURES, INC.
/91a---.74
Seller Buyer
i
Proposed Parking
at
Willius & East 7th Street p`°'`"`"°
St. Paul, M N East 7th Street Ventures Inc.
(612)4883913
FAX(612)699-7903
36E
Ram Prepared By: site plan-overall building layout
�
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HOUWMAN DESIGN
Job, 1i2
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Suite 398
Grove S. 0¢TV St.Paul.MN 53104 Drawn By BH)N W
Ilk\ (612)616-4788
(1u)6460616 5601€ I 0( 1
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FAX(612)699-7903
35€
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HOUWMAN DESIGN Job/ 94-142
mad' 1585 I)nircraty Arcoue Date 10'07/94
guile 398
Grove St. V*11' St.Paul,MN 55104 Drawn By BH/NW
,\ (612)646-4788
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St.. Paul, M N East 7th Street Ventures Inc.
7 (612)4U-3913
FAX(612)699-7903
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jr HOUWMAN DESIGN 4obi 94142
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Suite 39
Grove St E, St.Paul.MN 55104 Drawn By BWNW
(612)646-4-0788 Sher 1 Of 1
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plan north
Schematic Parking Site Plan Opt A 03
_ Graphic Scale
0 10 30 70
Proposed Parking %
/ at
Willius & East 7th Street Pro;e`t1w.
S t.. l'a u I, NI N East 7th Street Ventures Inc.
(612)788.3913
FAX(612)699 7903
35E
tPlain Prepared By. site plan-overall building layout
mrisioo II change to parking layout
HOUWMAN DESIGN Job/ 94-142
18' s/P 1885 University Avenue Date 10/07/94
Sulk 398
Grove S7 E, St.Pad,ICJ 50104 Drawn By BN/NW
s (612)676-46` (612)646-0636 36■ Sheet 1 O( 1
` Project
_ Location
North
Site Location /
no.tale 1-- --
C /
East 8th Street
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I I stone sewer drains .
I I existing gutter—►t'' _
sidewalk ) storm sewer drains sidewalk
E.. seta eway 30'0
East 7th Street J
plan north
Schematic Parking Site Plan - Opt A E!
Graphic Scale
0 10 30 70
r
Proposed Parking \ 7 \1
l at
I / Projecr Ivr.
Willius & East 7th Street
S I.. Paul, M N East 7th Street Ventures Inc.
(612)488-3913
FAX(612)6997903
356
+ Raw Prepared By: site plan-overall building layout
revision II change to parking layout
HOUWMAN DESIGN ,o„ 94-12
1885 University Avenue Date 10/07/94
Suite 398
Grow Sl F,a414. St.Paul.MN 55104 Drawn By BWNW
'LL (612)676.4738
'''F, (fox)646-4636 Sheet 1 a 1
`` Project
_ Location
Nan
Site Location / \\ --/1
110 scats
East 8th Street
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existing asphalt ..,i-..
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existing gutter—+! —
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'
L set a 30-0
East 7th Street r driveway l
plan north
Schematic Parking Site Plan - Opt A
Graphic Scale
0 10 30 70
i
PARCEL NUMBER 4:
PROPERTY ADDRESS 8TH ST E
ST.PAUL MN 55101
FEE OWNER SPACE CENTER INC
1600 INTERNATIONAL CTR 900 2ND AVE S
MPLS MN 55402-3387
LEGAL DESCRIPTION VAC STS ACCRUING AND LOTS 1 AND LOT 2 BLOCK 24 KITTSONS
ADDITION TO ST. PAUL
LOT SIZE 20,098 SQ FT
.46 ACRES
TAX ID NUMBER 32-29-22-32-0027-4
•
PARCEL NUMBER 4:
PROPERTY ADDRESS 8TH ST E
ST.PAUL MN 55101
FEE OWNER SPACE CENTER INC
1600 INTERNATIONAL CTR 900 2ND AVE S
MPLS MN 55402-3387
LEGAL DESCRIPTION VAC STS ACCRUING AND LOTS 1 AND LOT 2 BLOCK 24 KITTSONS
ADDITION TO ST. PAUL
LOT SIZE 20,098 SQ FT
.46 ACRES
TAX ID NUMBER 32-29-22-32-0027-4
PARCEL NUMBER 1:
PROPERTY ADDRESS 447 7TH ST E
ST.PAUL MN 55101-2433
FEE OWNER MICHAEL A NICKLAUS
DAVID L LE PAGE
447 7TH ST E
ST. PAUL MN 55101-2433
LEGAL DESCRIPTION LOT 8 BLOCK 24 KITTSONS ADDITION TO ST. PAUL EXCEPT
BEGINNING ON SELY LINE OF AND 23 58/100 FEET SWLY FROM
EAST CORNER OF LOT 8 THEN TO SD EAST CORNER THEN NWLY
73 84/100 FEET MOL ON NELY LINE OF LOT 8 TO POINT 28 FEET
SELY FROM NORTH CORNER OF LOT 8 THEN SWLY AT R A 23
67/100 FEET THEN SELY TO BEGINNING
LOT SIZE 3,255 SQ FT
.07 ACRES
TAX ID NUMBER 32-29-22-32-0011-9
PARCEL NUMBER 2:
PROPERTY ADDRESS 449 7TH ST E
ST. PAUL MN 55101-2433
FEE OWNER LAND & OAKS INC
PO BOX 117
FOREST LAKE MN 55025-0117
LEGAL DESCRIPTION PART OF LOT 8 BLOCK 24 KITTSONS ADDITION TO ST. PAUL BEG
ON SELY LINE OF AND 23 58/100 FEET SWLY FROM EAST CORNER
OF LOT 8 THEN TO SD EAST CORNER THEN NWLY 73 84/100 FEET
MOL ON NELY LINE OF LOT 8 TO POINT 28 FEET SELY FROM NORTH
CORNER OF LOT 8 THEN SWLY AT RIGHT ANGLES 23 67/100 FEET
THEN SELY TO BEGINNING
LOT SIZE 1,744 SQ FT
.04 ACRES
TAX ID NUMBER 32-29-22-32-0012-2
PARCELNUMBER 3:
PROPERTY ADDRESS 483 13TH ST
ST. PAUL\1N 55101
FEE OWNER SPACE CEN 1 ER INC
1600 INTERNATIONAL CTR 900 2ND AVE S
MPLS M\55402-3387
LEGAL DESCRIPTION VAC ST ACCRUING&ALL OF LOTS C,D,E,F& LOT G SOO LINE
PLAT NUMBER 8
287,848 SQ FT
6.60 ACRES
32-29-22- 2-0024-5
r rsF,
' c
sa
_ •_
Title Resources Corp.
CERTIFIED OWNERSHIP REPORT
AS TO REAL PROPERTY ADJOINING AND ABUTTING
REAL PROPERTY LEGALLY DESCRIBED AS:
THAT PART OF WILLIUS STREET LYING BETWEEN EAST 7TH STREET ON THE SOUTHEAST,
AND FOR A DISTANCE OF APPROXIMATELY ONE HUNDRED FIFTY FEET NORTHWESTERLY
TO THE EXISTING VACATED PARCEL IDENTIFIED BY DOCUMENT#2345211
STATE OF MINNESOTA
SS
COUNTY OF RAMSEY
NATIONAL TITLE RESOURCES CORP. does hereby certify that the following exhibits consisting of
entries numbered 1 to 4 inclusive, constitutes a true and complete report of the apparent ownership of
each of the described premises, which include all parcels of land adjoining and abutting any part of the
captioned premises, all as shown by the records in the Register of Deeds and/or Registrar of Titles of
said County.
Dated this 28th day of October, 1994 at 8:00 A.M.
Title Resources Corp.
(./1-47