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
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® 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.
Oft
The following statement must be added to the deed: The seller certifies that the seller does ant know
of any wells on the described real propel ty.
• The Twe Reform Mt of 1986 requires that the seller provide the following information at the time of
arising:
I.Tax Identification Number
2.Full Forwarding Address.
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