04-78 (2) Return copy to: (e.c.) Council File# 1%
Real Estate Division
140 City Hall Green Sheet#aWin.
RESOLUTION �9
CITY OF SAINT PAUL, MINNESOTA
Presented By
Referred To
L-)h
1 BE IT RESOLVED,that, upon the petition of Mendota Homes, Inc., as documented in Real Estate
2 Division File Number 19-2003,public properties hereinafter described are hereby vacated and
3 discontinued as public property:
4
5 The property to be vacated is described as follows:
6
7 that part of Montana Avenue, according to the plats of Como and Dreve's Como Grove, lying within the
8 following described line:
9
10 Beginning at the intersection of the east line of Lot 4, said plat of Como and the westerly
11 extension of the south line of Montana Avenue according to said plat of Dreve's Como Grove;
12 thence easterly along said south line of Montana Avenue extended a distance of 33.00 feet;
13 thence northwesterly, to a point on said east line of Lot 4, Como, distant 8.37 feet north of the
14 point of beginning; thence southerly along said east line to the point of beginning and there
15 terminating.
16
17 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the
18 Saint Paul Legislative Code as amended, and to the following conditions:
19
20 1. That the petitioner's, their successors and assigns shall pay $1,200 as an administrative fee for
21 this vacation which is due and payable within 60 days of the effective date of this resolution.
22
23 1. That the petitioners, their successors and assigns agree to indemnify, defend and save harmless
24 the City of Saint Paul, its officers and employees from all suits, actions or claims of any character
25 brought as a result of injuries or damages received or sustained by any person, persons or
26 property on account of this vacation or petitioners' use of this property, including but not limited
27 to, a claim brought because of any act of omission, neglect, or misconduct of said petitioners or
28 because of any claims or liability arising from any violation of any law or regulation made in
29 accordance with the law, whether by the petitioners or any of their agents or employees.
1
2 2. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this
3 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution
4 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in
5 all respects with these terms and conditions.
6
7 BE IT FURTHER RESOLVED, that utility easements lying within the right-of-way to be vacated shall
8 remain in place.
Yeas Nays Absent
Benanav ✓ Requested by Department of:
1-14.164 ,►`49DntGol ✓ I Technology& Management Services
L Bostrom ,i f
I-Coleman -t ' ✓
Harris ,/ By: ' Lt�12
Lantry ✓ t /LA ire ctor
Reiter //-/ye•,✓ ✓ Form Approved by City •ttorney
Adopted by Council: Date ,7 By: �-'�'
Adoption Certif-d by Council Secret.
By: // ,i. / ' 0 Appr• 'ed� .y. I ayor for Submiitrr} • Co ci
Approved • ryor: Date i
By: l / � ��
Return copy to: (e.c.) Council File# (A-111
Real Estate Division
140 City Hall Green Sheet#
RESOLUTION �9
CITY OF SAINT PAUL, MINNESOTA
Presented By
Referred To Committee: Date
1 BE IT RESOLVED,that, upon the petition of Mendota Homes, Inc., as documented in Real Estate
2 Division File Number 19-2003, public properties hereinafter described are hereby vacated and
3 discontinued as public property:
4
5 The property to be vacated is described as follows:
6
7 that part of Montana Avenue, according to the plats of Como and Dreve's Como Grove, lying within the
8 following described line:
9
10 Beginning at the intersection of the east line of Lot 4, said plat of Como and the westerly
11 extension of the south line of Montana Avenue according to said plat of Dreve's Como Grove;
12 thence easterly along said south line of Montana Avenue extended a distance of 33.00 feet;
13 thence northwesterly,to a point on said east line of Lot 4, Como, distant 8.37 feet north of the
14 point of beginning; thence southerly along said east line to the point of beginning and there
15 terminating.
16
17 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the
18 Saint Paul Legislative Code as amended, and to the following conditions:
19
20 1. That the petitioner's, their successors and assigns shall pay$1,200 as an administrative fee for
21 this vacation which is due and payable within 60 days of the effective date of this resolution.
22
23 1. That the petitioners, their successors and assigns agree to indemnify, defend and save harmless
24 the City of Saint Paul, its officers and employees from all suits, actions or claims of any character
25 brought as a result of injuries or damages received or sustained by any person, persons or
26 property on account of this vacation or petitioners' use of this property, including but not limited
27 to, a claim brought because of any act of omission, neglect, or misconduct of said petitioners or
28 because of any claims or liability arising from any violation of any law or regulation made in
29 accordance with the law, whether by the petitioners or any of their agents or employees.
1
2 2. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this
3 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution
4 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in
5 all respects with these terms and conditions.
6
7 BE IT FURTHER RESOLVED,that utility easements lying within the right-of-way to be vacated shall
8 remain in place.
Yeas Nays Absent
Benanav ✓ Requested by Department of:
cy/MM,6D1 ✓ I Technology& Management Services
Bostrom t . 11_
e an --/'�,u J ✓
Harris 1.---- By: 11" n `;Lantry ( ,f J6'irfrYW-C71...---
' Director
(-Rea A/44-/ e y I i/ Form Approved by City orney
S I &'1 ,
f
Adopted by Council: Date ,. ., :" By:
e,,,,,Q.:,)
Adoption Certif-d by Council Secret. 11
By: // .i. - Appr• 'ec •y; ayor for Subm sis • Co cr �✓r)
Approved • f yor: Date _ - i ;/
By: A/ t `Email
4 le
Return copy to: (e.c.) Council File# :Td
Real Estate Division
140 City Hall Green Sheet#.actan.
RESOLUTION �9
CITY OF SAINT PAUL, MINNESOTA
Presented By
XL)li
Referred To y Committee: Date
1 BE IT RESOLVED,that, upon the petition of Mendota Homes, Inc., as documented in Real Estate
2 Division File Number 19-2003, public properties hereinafter described are hereby vacated and
3 discontinued as public property:
4
5 The property to be vacated is described as follows:
6
7 that part of Montana Avenue, according to the plats of Como and Dreve's Como Grove, lying within the
8 following described line:
9
10 Beginning at the intersection of the east line of Lot 4, said plat of Como and the westerly
11 extension of the south line of Montana Avenue according to said plat of Dreve's Como Grove;
12 thence easterly along said south line of Montana Avenue extended a distance of 33.00 feet;
13 thence northwesterly,to a point on said east line of Lot 4, Como, distant 8.37 feet north of the
14 point of beginning; thence southerly along said east line to the point of beginning and there
15 terminating.
16
17 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the
18 Saint Paul Legislative Code as amended, and to the following conditions:
19
20 1. That the petitioner's, their successors and assigns shall pay$1,200 as an administrative fee for
21 this vacation which is due and payable within 60 days of the effective date of this resolution.
22
23 1. That the petitioners, their successors and assigns agree to indemnify, defend and save harmless
24 the City of Saint Paul, its officers and employees from all suits, actions or claims of any character
25 brought as a result of injuries or damages received or sustained by any person, persons or
26 property on account of this vacation or petitioners' use of this property, including but not limited
27 to, a claim brought because of any act of omission, neglect, or misconduct of said petitioners or
28 because of any claims or liability arising from any violation of any law or regulation made in
29 accordance with the law, whether by the petitioners or any of their agents or employees.
ON --kt
1
2 2. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this
3 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution
4 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in
5 all respects with these terms and conditions.
6
7 BE IT FURTHER RESOLVED,that utility easements lying within the right-of-way to be vacated shall
8 remain in place.
Yeas Nays Absent
Benanav ✓ Requested by Department of:
e.,,' 1Dnt6M1 ✓ 1 Technology& Management Services
Bostrom ,.-
Gelean -Auk ✓
Harris ✓ By: - (.fin `v%' 141. ),C7 .
Lantry ,% ( Director
Reiter //e/‘e,), 1/ Form Approved by City ttorney
-$ I yj I
Adopted by Council: Date ,.. o . r : 4/ By: �'Adoption Certif-d by Council Secret.B 0 Approved' .yre‘'.1---1----ayor for Subm ion • Co ci ��
Approved . ��•yor: Date _ .'—./ .. . �,� 1 / -�`-c/� `t ,
By: rIlf r I
. .. j
• Return copy to: (e.c.) Council File# CA-.1%
Real Estate Division
140 City Hall Green Sheet#aC6'l11.
RESOLUTION �9
CITY OF SAINT PAUL, MINNESOTA
Presented By l(L- '
Referred To Committee: Date
1 BE IT RESOLVED,that, upon the petition of Mendota Homes, Inc., as documented in Real Estate
2 Division File Number 19-2003, public properties hereinafter described are hereby vacated and
3 discontinued as public property:
4
5 The property to be vacated is described as follows:
6
7 that part of Montana Avenue, according to the plats of Como and Dreve's Como Grove, lying within the
8 following described line:
9
10 Beginning at the intersection of the east line of Lot 4, said plat of Como and the westerly
11 extension of the south line of Montana Avenue according to said plat of Dreve's Como Grove;
12 thence easterly along said south line of Montana Avenue extended a distance of 33.00 feet;
13 thence northwesterly, to a point on said east line of Lot 4, Como, distant 8.37 feet north of the
14 point of beginning; thence southerly along said east line to the point of beginning and there
15 terminating.
16
17 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the
18 Saint Paul Legislative Code as amended, and to the following conditions:
19
20 1. That the petitioner's, their successors and assigns shall pay $1,200 as an administrative fee for
21 this vacation which is due and payable within 60 days of the effective date of this resolution.
22
23 1. That the petitioners, their successors and assigns agree to indemnify, defend and save harmless
24 the City of Saint Paul, its officers and employees from all suits, actions or claims of any character
25 brought as a result of injuries or damages received or sustained by any person, persons or
26 property on account of this vacation or petitioners' use of this property, including but not limited
27 to, a claim brought because of any act of omission, neglect, or misconduct of said petitioners or
28 because of any claims or liability arising from any violation of any law or regulation made in
29 accordance with the law, whether by the petitioners or any of their agents or employees.
OA---'
1
2 2. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this
3 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution
4 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in
5 all respects with these terms and conditions.
6
7 BE IT FURTHER RESOLVED,that utility easements lying within the right-of-way to be vacated shall
8 remain in place.
Yeas Nays Absent
Benanav r✓ Requested by Department of:
1—gbakeY0iMia Ar1 ✓ I Technology & Management Services
Bostrom ,i
I. Coleman 7'lu 1 ✓
Harris ,/ By: n 1-L711---'
Lantry I ✓ ( ( _,Director
Reiter /-/_--/ ,,, /, Form Approved by City ttorney
5 I G) I
Adopted by Council: Date ,.■ o . , : 6/ By: '
Adoption Certif-d by Council Secret.
By: //.i Appr• ied! •y ayor for Subm ivn • Co ci �✓r)
Approved • f��yor: Date _ - l
By: 410W �
•if _
J
Return copy to: (e.c.) Council File# CA-1%
Real Estate Division
140 City Hall Green Sheet#am-i .
RESOLUTION �9
CITY OF SAINT PAUL, MINNESOTA
Presented By
Referred To Committee: Date
1 BE IT RESOLVED,that, upon the petition of Mendota Homes, Inc., as documented in Real Estate
2 Division File Number 19-2003, public properties hereinafter described are hereby vacated and
3 discontinued as public property:
4
5 The property to be vacated is described as follows:
6
7 that part of Montana Avenue, according to the plats of Como and Dreve's Como Grove, lying within the
8 following described line:
9
10 Beginning at the intersection of the east line of Lot 4, said plat of Como and the westerly
11 extension of the south line of Montana Avenue according to said plat of Dreve's Como Grove;
12 thence easterly along said south line of Montana Avenue extended a distance of 33.00 feet;
13 thence northwesterly,to a point on said east line of Lot 4, Como, distant 8.37 feet north of the
14 point of beginning; thence southerly along said east line to the point of beginning and there
15 terminating.
16
17 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the
18 Saint Paul Legislative Code as amended, and to the following conditions:
19
20 1. That the petitioner's, their successors and assigns shall pay $1,200 as an administrative fee for
21 this vacation which is due and payable within 60 days of the effective date of this resolution.
22
23 1. That the petitioners, their successors and assigns agree to indemnify, defend and save harmless
24 the City of Saint Paul, its officers and employees from all suits, actions or claims of any character
25 brought as a result of injuries or damages received or sustained by any person,persons or
26 property on account of this vacation or petitioners' use of this property, including but not limited
27 to, a claim brought because of any act of omission, neglect, or misconduct of said petitioners or
28 because of any claims or liability arising from any violation of any law or regulation made in
29 accordance with the law, whether by the petitioners or any of their agents or employees.
1
2 2. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this
3 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution
4 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in
5 all respects with these terms and conditions.
6
7 BE IT FURTHER RESOLVED,that utility easements lying within the right-of-way to be vacated shall
8 remain in place.
1 Yeas Nays Absent
Benanav ;• Requested by Department of:
1-41fik-e /y/Mi6mi ✓ Technology& Management Services
Bostrom ,i
Coleman �-"/./zell 1.---
Harris , — By: 7 n ` 24'T/1(- 7
Lantry ( ✓ ( j_,Director
Reiter ilei ,,,r I 1 - Form Approved by City ttorney I
5 I /I I l�
Adopted by Council: Date ri�rr�o.a , , _9,1 � By: , /. ./ r '
Adoption Certif-d by Council Secretar _ 1/
n
By: /� i ' O Apprcrqe1•y: ayor for Subm n • Co c.
Approved • .yor: Date i � -)C1,ie
By: I�I�/!W / V : -4/
ilf /
NOTICE OF PUBLIC HEARING
Notice is hereby given that the petition of Mendota Homes to vacate that part of Montana
Avenue lying easterly of vacated Fisk Street 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 28th day of January, 2004 at 5:30 P.M.
Dated: December 22, 2003
Shari Moore
Deputy City Clerk
(December 26, 2003)
S S I N T'
P.�`' ` Interdepartmental Memorandum
CITY OF SAINT PAUL
AAP
4 01/419/if 1/ "/
To: Shari Moore
City Clerk's Office
170 City Hall
From: Peter White
Right of Way Engineer
140 City Hall
Date: December 16, 2003
Subject: TMS Department Vacation File No. 19-2003
I recommend a public hearing before the City Council be held on January 28, 2004 to consider a
petition to vacate part of Montana Avenue lying easterly of the west right-of-way line of vacated
Fisk Street.
The purpose of the vacation is to facilitate replatting the property and rerouting Montana Avenue.
This property is located in City Council District 5, Planning District 10.
The subject petition is in proper form and has been signed by the requisite number of property
owners.
• Notice of this hearing must be published in the Legal Ledger by January 8,2004.
RECEIVED
DEC 18 2003
i V
d.:LtK
(1903date)
CITIZEN SERVICE OFFICE
Donald J.Luna,City Clerk
A A U L CITY OF SAINT PAUL 170 City Hall Tel.: 651-266-8989
t* Randy Kelly,Mayor 15 W.Kellogg Boulevard Fax: 651-266-8689
Saint Paul,Minnesota 55102
AMA
October 6, 2003
Peter White
Valuation Engineer
Real Estate Division
140 City Hall
Dear Peter:
I refer to you to check as to form and sufficiency and for recommendation,the attached petition of
Mendota Homes, Inc. for the vacation of that part of Montana Avenue according to the recorded plat
thereof on file and of record in the Office of the Saint Paul City Clerk.
Sincerely,
Shari Moore
Deputy City Clerk
Attachments
AA-ADA-EEO Employer
-.Z3-2023 3 16:10 P.06/08
lAuL.
MEE
ARItA
PETITION TO VACATE CITY INTEREST
^c.'.eried.constituting a majority of the owners(or their legally designated representatives)of the abutting properties,do
Council of the City of Saint Paul to vacate its interests in the property(ies)legally described as follows:
sum attac,Liztt Stsrvipita.
this vacation for the following reason(s). (Indicate whether you will be building on the site.)
p(taa. L. artacket cutlet,.
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
y1 trn the vacation:
�NtQS / kit_kit_• — �lK K
�V� AName: K?Nici0.-}tp(p+CS Ikc • _.
(act -( b4 - bq(o1 /(Dcl-zu( .9,-kD( Phone: 051-004-0q(0 7
234 S F.4`cc- Safi Sui(-2 1 Address: 2...S tic WC,—S -t Su t IC. 209
Stv i((t , Oki S5 OS Tos,t`(4, IwW SC ( �3
- ^-*:=ct Person
'f QS (kC- — Maji vt& Name:
(051-10b4-01(01 / 651 •2PI`€4(00 Phone:
2-MC Vci Sivett so[ 2-o1 Address:
1-0141•41(1)i ItA J 3S
Name:
Phone:
Address:
•
Name:
Phone:
Address:
23-2003 16: 10 P.07/06
S J,. :atitres of Owner(s)/Representative(s) of ert Y Pro p Y(•es)Described Below:
n l f 4 ro t+4-(.t.es (y 90 hocf-14.44-, ewe/ tot 1
i3,- n, (N I- -la,9k-1 bo
L Q1 l0,_ •,,e, ('tic . aid f k-West SCs_bect i v u•-ft-d Fisk Attii+rc (*I4.1
Pow ' Na m L m- O Moil tom- I arl 1�-
So it . 3 ii k<... °6 y ' 14�c.�.I..e..i clluc(gi'( !\
33 4: vovvi-ect Fj1E- /E11.4•'t4aI'^S so, .43 -
va L. .( Moufa.st. .k1,e 604 A. -f d
Sail's 111..t ai Lo“-4, 131a1/44- (1,W ta.o t stf erica
1-k G , iu, s tQ •
GA5-1A. ,>__ , am the petitioner, or one of the petitioners in the above matter; and I do
-' °.,r and verify that each of the signatures on this petition was signed in my presence by the person described in the petition.
3vd
Subscribed and sworn to before me this
day of D da lO P_.(' ac03
*I I ' , ---- )14:14b4 Ihit
:...._�ne- Notary
I 0 MERSHAWN MARIE PIKUS My commission expires
1 " 3 � - �
NOTARY PUBLIC-MINNESOTA
MY COMMISSION EXPIRES 131
IS VINAMMAPAANWAWAAMAWAWAIN
SEP-25-2003 13:06 FROM:CARLEY-TORGERSEN INC 6517659729 TO:6040972 P:2'2
Description of public road to be vacated:
That part of Montana Avenue according to the plats of Como and Dreves' Como Grove
described as follows:
Beginning at the intersection of the east line of Lot 4,said plat of Como and the
westerly extension of the south line of Montana Avenue according to said plat of
Dreves' Como Grove;thence east,along said south line of Montana Avenue
extended, 33.00 feet; thence northwesterly,to a point on said east line of Lot 4,
Como,distant 8.37 feet north of the point of beginning;thence south, along said
east line,to the point of beginning and there terminating.
P.O.Box 416
MENDOTA Forest Lake,MN 55025
ffOMIk , INC. Roseville
(651)604-0967
Fax
(651)604-0972
Forest Lake
(651)464-9055
Fax
September 30, 2003 (651)464-9056
City of St. Paul-Real Estate Division
Room 140 City Hall
15 Kellogg Blvd.
St. Paul,MN 55102
To Whom It May Concern:
This letter accompanies a petition to vacate the City of St. Paul's interest in a small,triangular
section of the right-of-way of Montana Avenue. The legal description of the property to be
vacated is attached to this letter.
Mendota Homes, Inc. acquired the property directly abutting the property to be vacated as part of
a larger development site now approved for the platting and construction of ten new, single
family homes. Montana Avenue presently extends approximately 33 feet into the development
site and then "dead-ends." The approved final plat and development plans involve extending
Montana Avenue and curving it to the north to intersect with Hoyt Avenue.
The extension of Montana Avenue will maintain the current 50-foot right-of-way,but will shift
the entire street slightly to the north as it curves to meet Hoyt Avenue. As a result,the property to
be vacated will no longer be part of the Montana Avenue right-of-way. A similarly sized section
of property on the north side of Montana Avenue,presently privately owned as part of the
development site,will be devoted to right-of-way instead,resulting in no loss of right-of-way for
the City of St. Paul.
The only property abutting the property to be vacated is property owned by Mendota Homes,Inc.
We are requesting the property to be vacated be added to Lot 7, Block 2 Montana Woods,one of
the new single family home sites shown on the attached final plat. While a new single family
home will be constructed on Lot 7, Block 2,no construction will actually occur on the property to
be vacated. It would become part of the front yard of Lot 7, Block 2.
The attached petition demonstrates Mendota Homes,Inc.'s interest in the property abutting the
property to be vacated. The attached plat demonstrates the location of the property in relation to
the development site and the Montana Avenue extension.
Please contact me for any additional information at 651-604-0967. Thank you for your
consideration.
Sincerley,
Erin Mathern
for Mendota Homes,Inc.
October 2 , 2003
To Whom It May Concern:
Capital Title Corporation does hereby certify that a search of
Ramsey County, Minnesota tax records states that as of September
29 , 2003 , the owners of the properties abutting the public right-
of-way described as
That part of Montana Avenue according to the plats of Como and
Dreves' Como Grove described as follows:
Beginning at the intersection of the east line of Lot 4, said plat
of Como and the westerly extension of the south line of Montana
Avenue according to said plat of Dreves ' Como Grove; thence east,
along said south line of Montana Avenue extended, 33 . 00 feet;
thence northwesterly, to a point on said east line of Lot 4, Como,
distant 8 . 37 feet north of the point of beginning; thence south,
along said east line, to the point of beginning and there
terminating.
are as follows :
Legal Description
Lot 4, except the Westerly 80 feet thereof; and Lot 1, except the
Westerly 80 feet thereof; Block 17, Como; and the West 34 . 5 feet
of vacated Fisk Avenue lying North of the North line of Montana
Avenue and South of the South line of Hoyt Avenue; and the West 33
feet of vacated Fisk Avenue lying South of the South line of
Montana Avenue and North of the South line of Lot 4, Block 17,
Como, as extended, Ramsey County, Minnesota
Property is : Abstract
Fee Owner:
Mendota Homes, Inc.
2345 Rice Street, Suite #209
Roseville, MN 55113
This report represents the professional opinion of Capital Title
Corporation regarding ownership of the above described properties;
it is not intended, nor shall it be construed, as a guarantee of
title.
Sin,>
'-vin Lemmons, Abstracter
Capital Title Corporation
Saint Paul, Minnesota
November 13, 2003
To the Honorable 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 04-78, approved by the City Council on January 28, 2004, and
approved by the Mayor on February 5, 2004.
2
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AA-ADA-EEO Employer
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