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03-996 (2) Return copy to: (jao) Council File# 0 3- 9940 Real Estate Division • 140 City Hall Green Sheet# wU RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By 4 &% Referred To Committee: Date 1 BE IT RESOLVED, that, upon the petition of the Taco Bell Corporation, as documented in Real Estate 2 Division File Number 14-2003, public properties hereinafter described are hereby vacated and 3 discontinued as public property: 4 5 Said property is described as follows: 6 7 All that part Rice Street lying between the westerly extensions of the southerly 8 right-of-way line of Larpenteur Avenue and the westerly extension of the south 9 line of Lot 13, Block 1, Merrill's Division of Rice Street Villas described as follows: 10 11 Commencing at the northwest corner of Section 19, Township 29, Range 22, Ramsey County, 12 Minnesota; thence easterly along the north line of said Section 19, 53.00 feet to the point of 13 beginning of a line to be described; thence southerly parallel with the west line of said Section 14 19, 53.00 feet, thence westerly at right angles, 7 feet; thence southerly parallel with said west line 15 to the westerly extension of the south line of said Lot 13, thence easterly along said westerly 16 extension to the southwest corner of said Lot 13 and the point of termination. 17 18 19 20 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the 21 Saint Paul Legislative Code as amended, and to the following conditions: 22 23 24 1. That the petitioner's, their successors and assigns shall pay $1,200 as an administrative fee for 25 this vacation which is due and payable within 60 days of the effective date of this resolution. 26 27 28 2. That a permanent utility easement shall be retained within the vacated area to protect the interest 29 of Qwest Corporation 30 31 32 3. That a permanent utility easement shall be retained within the north 10 feet of the vacated area to 33 protect the interest of Northern States Power Company, d.b.a. Xcel Energy. 34 35 36 4. That a permanent utility easement shall be retained within the vacated area to protect the interest 37 of MCI Network. 38 03 - 9% 2 3 5. That the petitioners, their successors and assigns agree to indemnify, defend and save harmless 4 the City of Saint Paul, its officers and employees from all suits, actions or claims of any character 5 brought as a result of injuries or damages received or sustained by any person, persons or 6 property on account of this vacation or petitioners' use of this property, including but not limited 7 to, a claim brought because of any act of omission, neglect, or misconduct of said petitioners or 8 because of any claims or liability arising from any violation of any law or regulation made in 9 accordance with the law, whether by the petitioners or any of their agents or employees. 10 11 6. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this 12 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution 13 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in 14 all respects with these terms and conditions. 15 16 17 18 19 20 21 Yeas Nays Absent Benanav ✓ Requested by Department of: Blakey a Technology& Management Services Bostrom Coleman Harris ,i By: ` Director e � f Form Approved by City Attorney -7 1- Adopted by Council: Date //- S—Q3 By: LP J., Adoption Cert. ed by Council Secretary By: ///, i. - App ovw. . I► ayor for Sub s• .io to C. •il Approved ► /or: Date / B :DTI )F�� A E I/VI/A 41111 y' 1 Return copy to: (jao) Council File # O 3- 9949 Real Estate Division 140 City Hall Green Sheet# RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By &41-v� Referred To Committee: Date 1 BE IT RESOLVED, that, upon the petition of the Taco Bell Corporation, as documented in Real Estate 2 Division File Number 14-2003, public properties hereinafter described are hereby vacated and 3 discontinued as public property: 4 5 Said property is described as follows: 6 7 All that part Rice Street lying between the westerly extensions of the southerly 8 right-of-way line of Larpenteur Avenue and the westerly extension of the south 9 line of Lot 13, Block 1, Merrill's Division of Rice Street Villas described as follows: 10 11 Commencing at the northwest corner of Section 19, Township 29, Range 22, Ramsey County, 12 Minnesota; thence easterly along the north line of said Section 19, 53.00 feet to the point of 13 beginning of a line to be described; thence southerly parallel with the west line of said Section 14 19, 53.00 feet, thence westerly at right angles, 7 feet; thence southerly parallel with said west line 15 to the westerly extension of the south line of said Lot 13, thence easterly along said westerly 16 extension to the southwest corner of said Lot 13 and the point of termination. 17 18 19 20 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the 21 Saint Paul Legislative Code as amended, and to the following conditions: 22 23 24 1. That the petitioner's, their successors and assigns shall pay $1,200 as an administrative fee for 25 this vacation which is due and payable within 60 days of the effective date of this resolution. 26 27 28 2. That a permanent utility easement shall be retained within the vacated area to protect the interest 29 of Qwest Corporation 30 31 32 3. That a permanent utility easement shall be retained within the north 10 feet of the vacated area to 33 protect the interest of Northern States Power Company, d.b.a. Xcel Energy. 34 35 36 4. That a permanent utility easement shall be retained within the vacated area to protect the interest 37 of MCI Network. 38 0 3 - 991% 2 3 5. That the petitioners, their successors and assigns agree to indemnify, defend and save harmless 4 the City of Saint Paul, its officers and employees from all suits, actions or claims of any character 5 brought as a result of injuries or damages received or sustained by any person, persons or 6 property on account of this vacation or petitioners' use of this property, including but not limited 7 to, a claim brought because of any act of omission, neglect, or misconduct of said petitioners or 8 because of any claims or liability arising from any violation of any law or regulation made in 9 accordance with the law, whether by the petitioners or any of their agents or employees. 10 11 6. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this 12 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution 13 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in 14 all respects with these terms and conditions. 15 16 17 18 19 20 21 L Yeas Nays Absent Benanav { / Requested by Department of: Blakey i Technology & Management Services Bostrom Coleman [ Harris ,i By: Lantry Director Form Approved by City Attorney Adopted by Council: Date 7/- S—Q3 By: ;es, Adoption Certi ed by Council Secretary By: //ArAi. App ova• • , Ifayor for Sub.,. .io to C. •il Approved ► Von Date 441 j 411 I / / Return copy to: (jao) Council File# 03- 994 Real Estate Division 140 City Hall Green Sheet# L, RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By �jv-/ Referred To Committee: Date 1 BE IT RESOLVED, that, upon the petition of the Taco Bell Corporation, as documented in Real Estate 2 Division File Number 14-2003, public properties hereinafter described are hereby vacated and 3 discontinued as public property: 4 5 Said property is described as follows: 6 7 All that part Rice Street lying between the westerly extensions of the southerly 8 right-of-way line of Larpenteur Avenue and the westerly extension of the south 9 line of Lot 13, Block 1, Merrill's Division of Rice Street Villas described as follows: 10 11 Commencing at the northwest corner of Section 19, Township 29, Range 22, Ramsey County, 12 Minnesota; thence easterly along the north line of said Section 19, 53.00 feet to the point of 13 beginning of a line to be described; thence southerly parallel with the west line of said Section 14 19, 53.00 feet, thence westerly at right angles, 7 feet; thence southerly parallel with said west line 15 to the westerly extension of the south line of said Lot 13, thence easterly along said westerly 16 extension to the southwest corner of said Lot 13 and the point of termination. 17 18 19 20 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the 21 Saint Paul Legislative Code as amended, and to the following conditions: 22 23 24 1. That the petitioner's, their successors and assigns shall pay$1,200 as an administrative fee for 25 this vacation which is due and payable within 60 days of the effective date of this resolution. 26 27 28 2. That a permanent utility easement shall be retained within the vacated area to protect the interest 29 of Qwest Corporation 30 31 32 3. That a permanent utility easement shall be retained within the north 10 feet of the vacated area to 33 protect the interest of Northern States Power Company, d.b.a. Xcel Energy. 34 35 36 4. That a permanent utility easement shall be retained within the vacated area to protect the interest 37 of MCI Network. 38 1 0 3 - 991, 2 3 5. That the petitioners, their successors and assigns agree to indemnify, defend and save harmless 4 the City of Saint Paul, its officers and employees from all suits, actions or claims of any character 5 brought as a result of injuries or damages received or sustained by any person, persons or 6 property on account of this vacation or petitioners' use of this property, including but not limited 7 to, a claim brought because of any act of omission, neglect, or misconduct of said petitioners or 8 because of any claims or liability arising from any violation of any law or regulation made in 9 accordance with the law, whether by the petitioners or any of their agents or employees. 10 11 6. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this 12 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution 13 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in 14 all respects with these terms and conditions. 15 16 17 18 19 20 21 Yeas Nays Absent Benanav Requested by Department of: Blakey Technology & Management Services Bostrom ,/ 1 Coleman Harris ,i By: 1.r...vs-c-�____, Lantry Director 1...R4itet Form Approved by City Attorney Adopted by Council: Date //- S- 15 By: et? Adoption Cert. ,ed by Council Secretary By: ///, "i i, App ov ,. b, IL)ayor for Sub•• .io to C o •it Approved ► '/or: Date _ 1,• , '/ % By: ■ �� �s� I:, Aptzv,4 V Return copy to: (jao) Council File# 03 ' 9947 Real Estate Division 140 City Hall Green Sheet# �� >U 4%s3 RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By % &%%fr\-i Referred To Committee: Date 1 BE IT RESOLVED, that, upon the petition of the Taco Bell Corporation, as documented in Real Estate 2 Division File Number 14-2003, public properties hereinafter described are hereby vacated and 3 discontinued as public property: 4 5 Said property is described as follows: 6 7 All that part Rice Street lying between the westerly extensions of the southerly 8 right-of-way line of Larpenteur Avenue and the westerly extension of the south 9 line of Lot 13, Block 1, Merrill's Division of Rice Street Villas described as follows: 10 11 Commencing at the northwest corner of Section 19, Township 29, Range 22, Ramsey County, 12 Minnesota; thence easterly along the north line of said Section 19, 53.00 feet to the point of 13 beginning of a line to be described; thence southerly parallel with the west line of said Section 14 19, 53.00 feet, thence westerly at right angles, 7 feet; thence southerly parallel with said west line 15 to the westerly extension of the south line of said Lot 13, thence easterly along said westerly 16 extension to the southwest corner of said Lot 13 and the point of termination. 17 18 19 20 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the 21 Saint Paul Legislative Code as amended, and to the following conditions: 22 23 24 1. That the petitioner's, their successors and assigns shall pay $1,200 as an administrative fee for 25 this vacation which is due and payable within 60 days of the effective date of this resolution. 26 27 28 2. That a permanent utility easement shall be retained within the vacated area to protect the interest 29 of Qwest Corporation 30 31 32 3. That a permanent utility easement shall be retained within the north 10 feet of the vacated area to 33 protect the interest of Northern States Power Company, d.b.a. Xcel Energy. 34 35 36 4. That a permanent utility easement shall be retained within the vacated area to protect the interest 37 of MCI Network. 38 f . 1 0 3 - 991 2 3 5. That the petitioners, their successors and assigns agree to indemnify, defend and save harmless 4 the City of Saint Paul, its officers and employees from all suits, actions or claims of any character 5 brought as a result of injuries or damages received or sustained by any person, persons or 6 property on account of this vacation or petitioners' use of this property, including but not limited 7 to, a claim brought because of any act of omission, neglect, or misconduct of said petitioners or 8 because of any claims or liability arising from any violation of any law or regulation made in 9 accordance with the law, whether by the petitioners or any of their agents or employees. 10 11 6. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this 12 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution 13 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in 14 all respects with these terms and conditions. 15 16 17 18 19 20 21 Yeas Nays Absent Benanav ✓' Requested by Department of: Blakey i Technology & Management Services Bostrom Coleman Harris ,i By: ` Director Form Approved by City Attorney �I i/ II I Adopted by Council: Date 7/- By: s Adoption Certi ed by Council Secretary By: App ova • '►�ayor for Sub., .io to C� •il Approved ► 1,/or: Date _ .• j ' ( �/ 1 NOTICE OF PUBLIC HEARING Notice is hereby given that the petition of the Taco Bell Corporation to vacate that part of Rice Street, Ramsey County, 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 5th day of November, 2003 at 5:30 P.M. Dated: October 27, 2003 Shari Moore Deputy City Clerk (October 30, 2003) SA1 NT PAUL Interdepartmental Memorandum CITY OF SAINT PAUL AAAA To: All Council Members From: Peter White ?°137 Right of Way Engineer 140 City Hall Date: October 27, 2003 RE: TMS Deptartment Vacation File No. 14-2003(Building Encroachment at Rice and Larpenteur) I recommend a public hearing before the City Council be held on November 5th, 2003 to consider the petition of the Taco Bell Corporation. The purpose of this petition is to vacate the City's interest in a portion of Rice Street on which the Taco Bell building encroaches. This property is located in City Council District 5, Planning District 6. Shari Moore, City Clerk's Office (for publication) (200314hr.date2 < ROBERT L•HOFFMAN LARKIN HOFFMAN, DALY & LINDGREN LTD. WILLIAM G.THORNTON GF,RALD H.FRIEDELL > > LINDGREN, DOUGLAS M.RAMLER EDWARD J.DRISCOLL LYNN M.STARKOVICH JOHN D.FULLMER ATTORNEYS AT LAW STEPHEN J.KAMINSKI FRANK I.HARVEY THOMAS F.ALEXANDER CHARLES S.MODELL DANIEL T.KADLEC LI NDA H.FISHER DIETZEN 1500 WELLS FARGO PLAZA ADAM USAN F.BULLARD• THOM S FISHER THOMAS P.STOLTMAN KENNETH COREY-EDSTROM MICHAEL C.JACKMAN 7900 XERXES AVENUE SOUTH ANN M.MEYER JOHN E.DIEHL JAMES M.SUSAG• JON S.SWIERZEWSKI BLOOMINGTON,MINNESOTA 55431-1194 DANIEL J.BALLINTINE THOMAS J.FLYNN JEFFREY D.CAHILL JAMES P.QUINN TELEPHONE(952)835-3800 JOSEPH J.FITTANTE,JR. TODD I.FREEMAN THOMAS J.OPPOLD GERALD L.SECK FAX(952)896-3333 CYNTHIA M.KLAUS DAYLE NOLAN• ( ) MARK D.CHRISTOPHERSON JOHN A COTTER* NEAL J.BLANCHER PAUL B.PLUNKETT TAMARA O'NEILL MORELAND KATHLEEN M.PICOTTE NEWMAN JAMES A.MCGREEVY,III GREGORY E.KORSTAD THOMAS A.GUMP* GARY A.VAN CLEVE• BRADLEY J.HENNEN TIMOTHY J.KEANE CHRISTOPHER J.DEIKE MICHAEL W.SCHLEY GENEVIEVE A.BECK TERRENCE E.BISHOP DIONNE M.BENSON GARY A RENNEKE JEREMY C.STIER CHRISTOPHER J.HARRISTHAL JOANI C.MOBERG KENDEL J.OHLROGGE CHRIS M.HEFFELBOWER BRUCE J.DOUGLAS MICHAEL A.ESSIEN WILLIAM C.GRIFFITH,JR.• ANNE M.OLSON JOHN R.HILL PETER J.COYLE OF COUNSEL LARRY D.MARTIN JAMES P.LARKIN' JANE E.BREMER JACK F.DALY JOHN J.STEFFENHAGEN RECEIVED D.KENNETH LINDGREN MICHAEL J.SMITH ANDREW F.PERRIN • ALSO ADMITTED IN WISCONSIN RONALD S.LONDON FREDERICK W.NIEBUHR JUL 18 2003 July 17, 2003 REAL ESTATE DIVISION RECEIVED JUL 2 9 2003 Juan Ortiz I Y CLERK City of St. Paul Real Estate Division 15 West Kellogg Boulevard 140 City Hall St. Paul, MN 55102 Dear Juan: Enclosed please find the following with regard to Taco Bell Corp.'s Petition to Vacate city Intent in the excess right-of-way along Rice Street between Larpenteur Avenue and Arlington Avenue: 1. Petition to Vacate City Interest; 2. Our Check in the amount of$100.00; 3. Draft Request for Ramsey County Board Action; 4. Draft Resolution; 5. Copy of our letter to Ken Haider, dated May 11, 2003; 6. Memorandum to Ken Haider from Mike Winfield, date June 6, 2003; 7. Certified Ownership Report; and 8. Plat Map. As we have discussed in the past the existing Taco Bell store encroaches on the right-of-way. We have been in contact with David Clay Pool regarding this issue who is handling the County Board approval of the um back of the excess reglet-a-way to the City of St. Paul. LARKIN,HOFFMAN,DALY&LINDGREN,LTD. Juan Ortiz July 17, 2003 Page 2 I would appreciate it, if after you have had the opportunity to review these materials you would give me a call to discuss this matter further. I can be reached at 952-896-3281. Thank you for your assistance. Sincerely, CC- ik Ife-00.. Ju e A. Te Slaa, Paralegal for LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. Enclosures cc: Thomas A. Gump, Esq. Dianne Errington 869737.1 ROBERT L HOFFAAN LARKIN, HOFFMAN, DALY & LINDGREN, LTD. G.DOUGLAS m.RATALER GERALD H.FRIEDELL LYNN K STAAKOVKH E JOHN J.DRISCOLL ATTORNEYS A T LAW STEPHEN J.IwwsTu JOHN O.HA'ER THO "F.ALEXANDER FRANK I.HARVEY DANIEL T.IAOLEC CHARLES S.MOOELL ADAM S.HUNTA UN OA H. ER olETgn 1500 WELLS FARGO PLAZA SUSAN F.JHTA BULLARD' LINDA H.P.S TO KENNETH COREY•EDSTROM THOMAS P.J OLTANN ANN/A MEYER JOHN EL C.JACIOAlW 7900 XERXES AVENUE SOUTH JAS M.SPSAG'DIEHL .1044.1044 s a ME WSKI BLOOMINGTON,MINNESOTA 55431-1194 DANIEL J.a*w o1 E JEFFREY 0.CAHILL THOMAS R J. EMAN JOSEPH J.FITTANTE,JR. JAMES P.DANK TELEPHONE(952)835-3800 THOMAS J.OPPOLD•' T0001.FREEMAN CYNTHIA M.KLAUS GERALD L.SE« FAX(952)896-3333 MARK D.awHSroPHERSCN JOHN A OLANOIAST NEAL J.BLANOIETT JOHN A.cOTTE TAMARA O'NEILL MORELAND PALLA.COTTER' JAMES A.MCGREEVY.Al PALL 0.FLLAA�TT THOMAS A.GULP GREGORY M.OALSTA NEVTLAN T000 A.TAYLOR GREGORY E CLE E CHRISTOPHER J.OEIKE GARY A.VAN CLEVE GENEVIEVE A.BE« TIMOTHY J. SCHL 010NNE M.BENSON TER EEL.W..BISHOP JEREMY C.STIER G R GARY A.E E.BISHOP JOAN'C.MOBERG CARP T.PEER J. CHRIS M.HEFFELBOWER KEP ELL. ERJ.HARPISITU4. MICHAEL A.ESSIEN BRUCEL. OUGLAS E ANNE M.OLSON BRUCE J.DOUGLAS WILJ.IAM C.GRIFFITH.JR. OF COUNSEL JOHN R Hill OF JAMES P.LARKIN' PETER J. JACK F.DALY JLARRY O.MARTIN 0.KENNETH LINOGREN JANE E BREMER JOHN J.STEFFENHAGEN ERRI ALSO ADMITTED W WISCCNS:N• ANDREW J. _ '" ONLY ADMITTED IN IOWA ANDREW F.PERfI1N RONALD S.LONDON FREDERICK W.NIEBUHR May 11, 2003 . Mr. Ken Haider Ramsey County Public Works Director 910 Ramsey County Government Center 50 W. Kellogg Boulevard St. Paul, Minnesota 55102 Re: Vacation of Rice Street Excess Right-of-Way Our File No.: 19,582-40 Dear Mr. Haider: Our firm represents Taco Bell Corporation in the above matter. There is a title problem that relates to excess property,which is not part of the platted lots of Merrill's Division of Rice Street Villas, Ramsey County, Minnesota. The excess property is located between the platted lots and Rice Street. This problem is affecting the sale of our client's property located at 1672 Rice Street, St. Paul,Minnesota. it is my understanding that you have had discussions with David Claypool,the Ramsey County Surveyor and/or Wayne Anderson, the Deputy Examiner of Titles for Ramsey County,regarding the resolution of this issue. Pursuant to our office's discussions with Wayne Anderson,we are writing to request that the County deed the excess right-of-way for Rice Street,which is adjacent to the Merrill's Division of Rice Street Villas,to the City of St. Paul,which can then in turn vacate the excess right-of-way. The vacated right-of-way will automatically accrue to the platted lots of the Merrill's Division of Rice Street Villas. ' LARKIN,HOFFMAN,DALY&LINDGREN,LTD. Mr.Ken Haider May 11, 2003 Page 2 After you have had the opportunity to review this request,I would appreciate you calling me to discuss this matter further, as well as to discuss what, if anything,our office can do to facilitate this process. I can be reached at(952) 896-3209. Sincerely, Thomas A. Gump, for LARKIN,HOFFMAN,DALY &LINDGREN, Ltd. c: Amy Hu Diane Errington Joann Matzen,Esq. David Claypool,Ramsey County Surveyor Wayne Anderson,Ramsey County Deputy Examiner of Titles 855469.1 _. JUL 4-2073 16:38 F.w 1 I. P.06/08 AAAA PETITION TO VACATE CITY INTEREST T(we),the undersigned,constituting a majority of the owners(or their legally designated representatives)of the abutting properties,do hereby petition the Council of the City of Saint Paul to vacate its interests in the property(ies)legally described as follows: See Exhibit A attached hereto I(we)request this vacation for the following reason(s). (Indicate whether you will be building on the site.) Part of the Taco Bell Building encroaches in the right-of-way along the east side of Rice Street between Larpenteur Avenue and Arlington Avenue. I(we)have attached six copies of the site plans of any development intended for construction on the lands to be vacated. Person(s) responsible for payment of vacation fee and for acceptance of the terms and conditions of Contact Person the vacation: Name: Thomas A. Gump Name: Taco Bell Coro. Phone: 952-896-3209 Phone: 949-863-4500 Address: 1500 Wells Fargo Plaza Address: 17901 Von Karman 7900 Xerxes Avenue South u1nnmingi-nn M . 5 411 Irvine, CA 92714-6212 Alternate Contact Person Name: Julie A. Te Slaa Name 952—`396-3281 Phone: Phone: Address: 1590 Wells Fargo Plaza Address: 7900 Xerxce Avenue South Bloomington, MN 55431 Name: Phone: Address: Name: Phone: Address: JUL,-01-2003 16:38 P.07/08 ,igr!atures of Vwner(s)/Kepresentative(s) of Property(ies)Described Below: MARY C.sH1RAq ArrONICYMPFACr CL/ O 5 is+cA.nk serer,`..+ary • ,am the petitioner,or one of the petitioners in the above matter:and I do hereby swear and verify that each of the signatures on this petition was signed in my presence by the person described in the petition. Subscribed and sworn to before me this ILU day of July ,200W Petitioner Weire0111,11% Notar MARY C.SHIPMA *PRIRICY.BIC► ASSISTANT SECRETARY My commission expires ♦ �> B.J.LIBBY _ Yt COMM. #1273881 �` ct M �' NOTARY PUBLIC-CALIFORNIA F evio rd by. �' ORANGE COUNTY N My Comm.Expires Sept.7,2004 e ERRINCTON J v v v v v v v v v Y Date ,1 •I6• 03 EXHIBIT A All that part of Rice Street lying between the westerly extensions of the southerly right-of-way line of Larpenteur Avenue and the northerly right-of-way line of Arlington Avenue, and lying easterly of the following described line: Commencing at the northwest corner of Section 19, Township 29, Range 22, Ramsey County, Minnesota; thence easterly along the north line of said Section 19, 53.00 feet to the point of beginning of the line to be described; thence southerly parallel with the west line of said Section 19, 53.00 feet; thence westerly at right angles, 7 feet; thence southerly parallel with said west line, 300.00 feet; thence westerly at right angles, 13.00 feet more or less to a line parallel with 33.00 feet easterly of, as measured at right angles to, said west line of Section 19; thence southerly along said parallel line to the south line of the Northwest Quarter of said Section 19, and the point of termination. 869761.1 5 • 4 • k REQUEST FOR RAMSEY COUNTY BOARD ACTION RAMSEY COUNTY Type of Agenda: ❑ Policy n Consent ❑ Public Hearing ® Administrative n Information n Ordinance Requesting Department: Public Works Committee: Meeting Date: Committee: jj)n [-,1 , [ 1 Meeting Date: W County-Wide Ramifications: n Board Meeting Date: or Affected Commissioner District(s)#: 3 Board Meeting Date: SUBJECT: Turn Back of Excess Right-of-Way on Rice Street Between Larpenteur Avenue and Arlington Avenue to the City of St. Paul EXECUTIVE SUMMARY: A right-of-way issue has arisen as a result of the Taco Bell Corporation's attempt to sell their property at 1672 Rice Street. After examination of the Taco Bell property and Rice Street, it was discovered that part of the building is in the right-of-way along the east side of Rice Street between Larpenteur Avenue and Arlington Avenue. The Taco Bell Corporation has requested that Ramsey County turn back the existing excess right-of- way along Rice Street(as described in Attachment 4 to this Request for Board Action)to the City of St. Paul for disposition. St. Paul would then vacate the excess right-of-way,which would revert to the underlying owner, Taco Bell Corporation. Ramsey County staff has investigated the future needs for right-of-way along this section of Rice Street: It was determined that sufficient right-of-way for lane expansion and channelization at the intersection should be retained. The remainder of the existing right-of-way should be deemed excess and turned back to St. Paul for further action. ACTION REQUESTED: 1. Authorize turn back of the excess right-of-way as described in Attachment 4 of this Request for Board Action on Rice Street between Larpenteur Avenue and Arlington Avenue to the City of St. Paul for disposition. SUBJECT: Turn Back of Excess Right-of-Way on Rice Street Between Larpenteur Avenue and Arlington Avenue to the City of St. Paul ATTACHMENTS: 1. Location map. 2. May 11,2003 letter from Larkin,Hoffman, Daly&Lindgren, Ltd.To Ken Haider. 3. June 6,2003 Memorandum from Mike Winfield to Ken Haider. 4. Description. PREVIOUS ACTION: COUNTY MANAGER COMMENTS: The Taco Bell Corporation has requested that Ramsey County turn back the existing excess right-of-way along Rice Street(as described in Attachment 4 to this Request for Board Action)to the City of St. Paul for disposition. This can be accomplished by resolution of the Ramsey County Board of Commissioners. • RESOLUTION WHEREAS,A right-of-way issue has arisen as a result of the Taco Bell Corporation's attempt to sell their property at 1672 Rice Street; and WHEREAS, After examination of the Taco Bell property and Rice Street,it was discovered that part of the building is in the right-of-way along the east side of Rice Street between Larpenteur Avenue and Arlington Avenue; and WHEREAS,The Taco Bell Corporation has requested that Ramsey County turn back the existing excess right-of-way along Rice Street to the City of St. Paul for disposition; and WHEREAS,Ramsey County staff has investigated the future needs for right-of-way along this section of Rice Street and has determined that sufficient right-of-way for lane expansion and channelization at the intersection should be retained; and WHEREAS,The remainder of the existing right-of-way should be deemed excess and. turned back to St. Paul for further action; Now,Therefore, Be It RESOLVED, The Ramsey County Board of Commissioners approves the turn back of excess right-of-way on Rice Street between Larpenteur Avenue and Arlington Avenue described as follows: All that part of Rice Street lying between the westerly extensions of the southerly right-of-way line of Larpenteur Avenue and the northerly right-of-way line of Arlington Avenue, and lying easterly of the following described line: Commencing at the northwest corner of Section 19,Township 29,Range 22, Ramsey County, Minnesota; thence easterly along the north line of said Section 19, 53.00 feet to the point of beginning of the line to be described;thence southerly parallel with the west line of said Section 19, 53.00 feet;thence westerly at right angles, 7 feet; thence southerly parallel with said west line, 300.00 feet; thence westerly at right angles, 13.00 feet more or less to a line • parallel with and 33.00 feet easterly of, as measured at right angles to, said west line of Section 19; thence southerly along said parallel line to the south line of the Northwest Quarter of said Section 19, and the point of termination. • Turn Back of Excess Right-of-Way on Rice Street _OO title ' ose� g 0 ' 0) o 1 Z O = U, m o j...LAREENTE.UR.AVE.W c) C D `L Z m z o r -m1 r- 0 2. 0 m . CALIFORNIA AVE W F cn -D�i O 73 > Z O m m ti w 1 DAHO AVE IA WHEELOCK PKWY W n m D IOWA AVE W o = z D m ti X m -+ X r cn O HOYT AVE W � z z r 1 D ■ Z cn MONTANA AVE W _ - Vati'\ NEBRASKA AVE W Olot ARLINGTON AVE W _ I 300 0 300 Feet N t ® Department of Public Works Kenneth G.Haider,P.E.,Director and County Engineer 11 lit ENGINEERING/OPERATIONS ADMINISTRATION/LAND SURVEY 3377 N.Rice Street - 50 West Kellogg Blvd.,Suite 910 Shoreview,MN 55126 RAMSEY COUNTY St.Paul,MN 55102• (651)266-2600•Fax 266-2615 (651)484-9104•Fax 482-5232 E-mail:Public.Works @co.ramsey.mn.us MEMORANDUM TO: Ken Haider,Director Ramsey County Public Works FROM: Mike Winfield -...1-\ .. DATE: June 6, 2003 q..- RE: Turn back request by Larkin, Hoffman, Daly& Lindgren, Ltd. David Claypool and I have written a legal description describing that part of Rice Street to be turned back to the City of Saint Paul. The area to be turned back lies easterly of the line , described in that legal description. The portion of Rice Street remaining in the County's jurisdiction can be broken down into three sectors. The northerly sector, at Larpenteur Avenue, is a 53-foot square for road widening and utilities. The middle sector is a 300-foot long corridor that is 46 feet wide for taper and right turn lane to east bound Larpenteur Avenue. The southerly sector is 33 feet wide running from the southerly end of the taper to Arlington Avenue. The 53, 46 and 33-foot dimensions are measured from the west line of Section 19. ' Please find attached a copy of the legal description and a map from the Ramsey County GIS showing the described line. RMW:vad Enc. cc: David Claypool, Ramsey County Surveyor Wayne Anderson,Ramsey County Deputy Examiner of Titles Jeff Grosso,City of St. Paul Surveyor Minnesota's First Home Rule County printed on recycled paper with a minimum of 10%post-consumer content The following excess right-of-way of Rice Street (County Highway 49) to be turned back to the City of Saint Paul. All that part of Rice Street lying between the westerly extensions of the southerly right-of-way line of Larpenteur Avenue and the northerly right-of-way line of Arlington Avenue, and lying easterly of the following described line: Commencing at the northwest corner of Section 19, Township 29, Range 22, Ramsey County, Minnesota; thence easterly along the north line of said Section 19, 53.00 feet to the point of beginning of the line to be described; thence southerly parallel with the west line of said Section 19, 53.00 feet; thence westerly at right angles, 7 feet; thence southerly parallel with said west line, 300.00 feet; thence westerly at right angles, 13.00 feet more or less to a line parallel with and 33.00 feet easterly of, as measured at right angles to, said west line of Section 19; thence southerly along said parallel line to the south line of the Northwest Quarter of said Section 19, and the point of termination. • JUL-09-2003 WED 10:30 AM FAX NO. P. 01 • COMMERCIAL PARTNERS TITLE, LLC 20() SOUTH SIXTH STREET, SUITE 1300 MINNEAPOLIS,MN 55402 Phone: 612/337-2470 Fax: 612/337-2471 .lady 9, 2003 bile No. 1611)1' Taco Bell Store No, 1393 t ki i.00,i;t.1c)N 1,1w'I; INIONE/FAX NO. ITEMS SENT Jnli� 'I'yslau (952)896-3333(Fax) Title Commil men t- Second Supplemental VIA FAX if v rr would like to arrange for additional parties to receive this docrrnrentatiou,please coaIoct oar Production 1)eportlrrent at 612-337-2470. JUL-09-2003 4ED 10:30 AM FAX NO. P. 02 11,A1wr is TITLE INSURANCE CORPOR E''ION COMMITMENT ..�._� ltof:rerlec: Nsmc:Taco Ikit Store No. 1398 SCHEDULE A t, 141:.3.1iveDale: March 2,2003 at 7:00 Al1 File No.: 1681011 Second Supplemental Poky or Policies tc+hc is+sucrl: A. AI,TA(aunir1's Polley(10-17-92) Amount To Be Determined Provost:11 Insured: Border bonds, Inc. 11 Al,TA Loan Policy(10-17-92) Amount Proposed lrw❑md: (^ Amount $ I. C lie i Yiu;e or inter est in the land described or referred to in the Commitment and covered herein is a 11:e simple, iuni.tit Igi lite!eto i;at the effective dale hereof vested in: 'taco Ben Corp.,a California corporation refi-rrett to in the Commitment is described as follows: Pared I: Lot. 10, 11, 12 and 13 inclusive,Block 1,Merrill's Division of Rice Street Villas. Itno+5+;y County,Minnesota Torrens Property '1'ot-rt-ns Certificate No.387125 Parcel 2: That part of the West half of the Northwest Quarter of Section 19,Township 29,Range 22 described ingitrniug or the Southwest cornero(I,nt 13,Block 1,Merrill's Division of Rice Street Villas;(home Nest alone; the Westerly extension of the South line of said Lot 13, a distance of 24.63 feet to the lazlet eel Im+withalinedrawn parallelwit hand33feetEastoftheWestlineofsaidNorthwestQuarter; thence North along said parallel line to intersection with a line drawn parallel with and 30 feet South of the North line of kid!Northwest Quin let; thence East along said last described parallel Hue to the intersection of the Northerly extension of the East line of Lot 10,Block 1,Merrill's Division of Rice tstem'Villas;thence Southerly to the Northeast corner of said Lot 10;thence West along(he North line of sant Lot l0 to the Northwest corner of said Lot 10; thence South to the point of beginning. i?tracery County,Nliune ota Aias;tracl Property IV yen have questions abut this title Cont/ailment please contact Steve Hunt(612)337-24R9. If lira Ikzo,J;rltteslions related to the dosing of this transaction please contact Jane Miller(612)337-2498. :yc;sfk:nuf,.f: A L.rut JUL-09-2003 WED 10:30 AM FAX Na P. 03 • LAWY m''tS TITLE INSURANCE CORPORA°-140N COMMITMENT J Nn.: 168101 Second Supplemental SCHEDULE B (Joon payment of the iitll consa.lei atiott[0,or for the account of,the grantors or mortgagors,and recording of the deeds and/of tttortautss,the form and execution of which are satisfactory to the Company,the policy or policies to be issued th4t11 contain exceptions in Schedule Il thereof to the following matters (unless the same are disposed of to the iii rinctioti of the Company): 1. If an owner's policy is to bc• issued, the mortgage encumbrance, if any, created as part of die purchase Itans:a:non, 2. Defects, hens, encumbrances, adverse claims or other matters,if any, created,first appearing in the public records or attaching subsequent to the effective elate hereof bur prior to the date the proposed Insurer)acquires for value of record the estate or interest or mortgage thereon covered by this corrunittnent. +. Rig,llts ur claims of patues in possession not shown by the public records. 4. I:licronchrtu.tlt.;, overlaps, boundary line disputes, and any other matters which would be disclosed by tun :;CCttrate vtu vcy aotl inspection of the premises. 5. Iictsetnettla or claims of casements not shown by the public records_ t, Arty lien,or right to a lien, for services,labor or material heretofore or hereafter furnished,imposed by law and not shown by the public records, 1. '1'Srxe•+or special assessnk its which are not shown as existing liens by the public records. S. general and special taxes and assessments as hereafter listed,if any(all amounts shown being exclusive of interest,pcnali[es and costs): Real estate totxcs payable in 2003 are$I0,362.00 and are half paid. li:lse lax 59,394.80 Property Identification No.19-29-22-22-0006(Parcel 1) NOM: 'There is no tali parcel for Parcel 2. NOTE: There arc no delinquent taxes of record. l)) There are no levied or pending assessments of record. 9. filghts or t;lultos or tcualtts,;is leaanIs only,in possession under unrecorded leases. It), Morlr;al.e,Leasehold Mortgage,Assignment ofLeases and Rents and Security Agreement and fixture I�}lint;dated Mood-ter 30,1999,tiled January 12,2000,as Document No.1588438,executed by Border Pooi4, liii'.,to Citicorp Leasing, Inc.,to secure S43,000,000.00. (Covers additional land) 1 1, Ashtguntc nt of Leases.@ Ranh dated December 30,1999,filed January 12,2000,as Document No. 15li8•439,executed by Border Foods,Inc.,to Citicorp Leasing,Inc. 12. Tercas and conditions of Landlord's Consent dated September 10, 1996, filed August 15, 1997, as Document No, 1161648, l T. A1ln4t als siod mineral rights reserved by the State of Minnesota,as shown by recital on the Certificate of Title. ;;L:riNtwl4i•; to rte r'oi ,i.trljth;ri[; JUL-09-2003 WED 10:30 AM FAX NO. P. 04 I.,AWY441S TITLE INSURANCE CORPORt'ION _ � COMMITMENT 1631011 Second Supplemental SCHEDULE B Terms and conditions of tt Lca4e dated October 2, 1996, as shown by Memorandum of Taco Bell Frsaaacldse lease with Option to Purchase and Memorandum of Option dated October 2, 1996,tiled A tx12.U4t 15,199'7,as Document No.1161647,by and between Taco Bell Corp,,a California curporatiou, as lesror and Bonier Foods,Inc.,a Minnesota corporation,as lessee. 15, The rights of the State of Minnesota acquired by Final Certificate filed April 24, 1992 as Document No,2649131 1[r. tau Application to Re isler Title to Parcel 2 was tiled January 19, 1978 as Document No.1991970. We will require a letter of undertaking from Taco Bell Corp.to complete a registration action and we tail)rcquiLean I dex unification against any interests determined In said action to he adverse to Taco Kell Corp.'s interest. 11. Terms anti conditions of lease and Option In favor of Border Foods,Inc.,a Minnesota corporation.as • sltclwn by Memorand>am of Taco Bell Franchise Lease with Option to Purchase and Memorandum of {.11slion (Store No. 1398)dated October 25, 2001,filed November 7,2001 as Docuiiient No, 1659360 (Toccatas)and filed Jati wiry 8,2002 as Document No.3458368(Abstract). END OFSCIIEf11LF B I XCN,I'TIONS NOTES FOR INFORMATION A, Upon receipt and review of a standard form of affidavit, Item Nos.3,6 and 7 of Schedule B may be 414;1ete41 from the final policy. Item No.9 will be modified to reflect the interests of specific tenants. A r urr ent sarr•vey,certified to Commercial Partners Title,LTC and Lawyers Title Insurance Corpora lion, will be required to delete Item Nos.4 and S of Schedule B from the final policy. il, We require a Well Diselosure Certificate be completed and furnished;lithe time of closing for all dee& that require a Certificate or Deal Estate Value. 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