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04-79 (2) CO Ng (Y)° ...1.4i 0 N a.. o 0 II 2 ..:.' LU in U d � 'As W . —II f) o•9 re yi v U w w 1 J 0) a = o° U U O U c < /n1� U ? r > V� ¢ ZZ D Z ce w w ZQ On -u, U m ¢a mo m o Q <m IN h DE 2 E n _ 3 ele Jdul 1O NLS9l$•ele.Idna UDN-9591$•eealeoq,q•SBUOrUOSI1M Return copy to: (e.c.) Council File#__°` Real Estate Division 140 City Hall Green Sheet# RESOLUTION CITE` OF SAINT PAUL, MINNESOTA Zp Presented By s, • Referred To '1 5h0-1 tee: Date 1 BE IT RESOLVED, that, upon the petition of the Lander Group and Sherman Associates, as 2 documented in Real Estate Division File Number 21-2003, public properties hereinafter described are 3 hereby vacated and discontinued as public property: 4 5 The property to be vacated is described as follows: 6 7 the alley in Horace Thompson's Subdivision of Block 4, Hoyt's Addition. 8 9 BE IT FURTHER RESOLVED,that, subject to the herein stated exceptions and with the 10 accompanying Utility Easement Certificates of Intended Non-Use, filed voluntarily on behalf of Qwest 11 Corporation,Northern States Power Company, d.b.a. Xcel Energy, District Energy St. Paul, Inc. and 12 District Cooling St Paul, Inc., MCI Network Services, Inc., Comcast of Saint Paul, Inc., Saint Paul 13 Regional Water Services, and the Department of Public Works, made a part hereof by this reference and 14 filed in the office of the City Clerk of Saint Paul, the City, for itself and on behalf of these corporations 15 and departments, waives the right to the utility easements in the vacated area described above. 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 $1,200.00 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 2. 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. 30 VL'1 1 1 3. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this 2 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution 3 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in 4 all respects with these terms and conditions. I Yeas I Nays Absent I Benanav ✓ I II Requested by Department of: Bostrom I i I Technology & Management Services I Harris ✓ I Helgen I I I Lantry ✓ By: 7C -e-� .1t-,fv -AV Montgomery i/ I ' hector ( Thune ✓ Form Approved by City Attorney I I I y© II i I Adopted by Council: Date /I/a-i-lv/� - i Ad/4/ By: \_/Cy '' ea' T Adoption Ce ;fied by Council Secret : / By: fi�,�,�Sd/ z 1/ App o,, • ll y Mayor for Submiss o- t' C until f Approvif eyor: Date ,� , '_ ��� ' ' r. •: I� //,��C'� /'By. 0 Or Return copy to: (e.c.) Council File#-]1i Real Estate Division 140 City Hall Green Sheet# 57 CC RESOLUTION curt' OF SAINT PAUL, MINNESOTA Zd Presented By s' Referred To Committee: Date 1 BE IT RESOLVED,that, upon the petition of the Lander Group and Sherman Associates, as 2 documented in Real Estate Division File Number 21-2003, public properties hereinafter described are 3 hereby vacated and discontinued as public property: 4 5 The property to be vacated is described as follows: 6 7 the alley in Horace Thompson's Subdivision of Block 4, Hoyt's Addition. 8 9 BE IT FURTHER RESOLVED,that, subject to the herein stated exceptions and with the 10 accompanying Utility Easement Certificates of Intended Non-Use, filed voluntarily on behalf of Qwest 11 Corporation,Northern States Power Company, d.b.a. Xcel Energy, District Energy St. Paul, Inc. and 12 District Cooling St Paul, Inc., MCI Network Services, Inc., Comcast of Saint Paul, Inc., Saint Paul 13 Regional Water Services, and the Department of Public Works, made a part hereof by this reference and 14 filed in the office of the City Clerk of Saint Paul, the City, for itself and on behalf of these corporations 15 and departments, waives the right to the utility easements in the vacated area described above. 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 $1,200.00 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 2. 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. 30 • VLOl 1 3. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this 2 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution 3 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in 4 all respects with these terms and conditions. 11 Yeas II Nays II Absent Benanav ii ✓ II Requested by Department of: Bostrom I ,✓ I Technology & Management Services Harris I ✓ I I Helgen I ✓ I I t fkr74-C-7-u,Lantry I ✓ I I By. Cc.Lt-L Montgomery I II I 11, Director Thune I ✓ 1 Form Approved by City Attorney II o II / 1 Adopted by Council: Date //-i 7z 91 , . ,�/a V By: `. 1' KoZt JJ Adoption Ce ;fled by Council Secret , / /� By: fg,les,,,,�/ App o,,' • by Mayor for Submiss o• tf, Cp`uil�i Approvjig eyor: Date ,� ,By: ��lir �� � ,� ,,,,,,, . - / 0 Or ... r Return copy to: (e.c.) Council File#al-_' _ Real Estate Division 140 City Hall Green Sheet# gC RESOLUTION SAINT PAUL, MINNESOTA 20 Presented By Referred To \� Committee: Date 1 BE IT RESOLVED, that, upon the petition of the Lander Group and Sherman Associates, as 2 documented in Real Estate Division File Number 21-2003, public properties hereinafter described are 3 hereby vacated and discontinued as public property: 4 5 The property to be vacated is described as follows: 6 7 the alley in Horace Thompson's Subdivision of Block 4, Hoyt's Addition. 8 9 BE IT FURTHER RESOLVED, that, subject to the herein stated exceptions and with the 10 accompanying Utility Easement Certificates of Intended Non-Use, filed voluntarily on behalf of Qwest 11 Corporation,Northern States Power Company, d.b.a. Xcel Energy, District Energy St. Paul, Inc. and 12 District Cooling St Paul, Inc., MCI Network Services, Inc., Comcast of Saint Paul, Inc., Saint Paul 13 Regional Water Services, and the Department of Public Works, made a part hereof by this reference and 14 filed in the office of the City Clerk of Saint Paul, the City, for itself and on behalf of these corporations 15 and departments, waives the right to the utility easements in the vacated area described above. 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 $1,200.00 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 2. 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. 30 . VV'1 J� p 1 1 3. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this 2 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution 3 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in 4 all respects with these terms and conditions. Yeas II Nays Absent Benanav II ✓ II I Requested by Department of: Bostrom II J. I II Technology & Management Services Harris ,� Helgen I I I Lantry ✓ I I By: f Sri,. > I Montgomery I i-," II erector Thune I II ✓ Form Approved by City Attorney l I ry II / I Adopted by Council: Date 71./4 --7U/J -A .4'/ By: L A ! a Adoption Ce ;fied by Council Secret rfy 9cil By: ∎ 14,�,esd� L App o • by Mayor for Submiss o tfi C ,--or J / /j Approve • :yor: Date ' By: ,l�L�ir��� 0 07 l. .4.,,e-4 -, A„: f - ir V N Ni t Interdepartmental Memorandum OlfIN CITY OF SAINT PAUL MUM onolok To: Shari Moore City Clerk's Office 170 City Hall From: Peter White Right of Way Engineer 140 City Hall Date: January 6, 2004 Subject: TMS Department Vacation File No. 21-2003 I recommend a public hearing before the City Council be held on January 28, 2004 to consider a petition to vacate the alley in Horace Thompson's Subdivision of Block 4, Hoyt's Addition. The purpose of the vacation is to develop the surrounding area for apartments, condominiums and parking. This property is located in City Council District 2, Planning District 17. 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. (2103 date) CITIZEN SERVICE OFFICE Donald J.Luna,City Clerk SP A[AUN L T CITY OF SAINT PAUL 170 City Hall Tel.: 651-266-8989 4 Randy Kelly,Mayor 15 W.Kellogg Boulevard Fax: 651-266-8689 Saint Paul,Minnesota 55102 AAAA rw� November 7, 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 the Lander Group and Sherman Associates for the vacation of that part of Lyons Court as described in the attached 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 7200 Hemlock Lal, Suite 300 : Minneapolis, yI`: 5S. ( Planning September 22,2003 Tel 763.424.5�i Civil Engineering fax 763.424.5 Mr.Peter White Land Surveying Department of Technology and Management Services h°mealoucksmclaga Landscape Architecture Real Estate Division www.loucksmiclagan.a u 140 City Hall Environmental 15 West Kellogg Boulevard St.Paul,MN 55102-1613 Re: Lyons Court Apartments/Ninth Street Lofts Loucks Project No.99-207M Dear Mr. White: On behalf of the developers, The Lander Group and Sherman Associates,we are submitting the Petition to Vacate City Interest in Lyons Court between Sibley Street and Wacouta Street. The property to be developed is comprised of the western portion of one city block, bounded by Sibley Street, Wacouta Street,East 10th Street and East 9th Street 10. The general legal description is Lots 1-7, of Horace Thompson's Subdivision of Block 4 of Hoyt's Addition to St.Paul. The development consists of an apartment and condominium with underground parking. The vacation is necessitated to build the apartment and associated underground parking facilities. The following items are included for your review and comment: ➢ 3 signed copies of the Petition to Vacate City Interest > 3 copies of Exhibit A-Vacation Exhibit dated 7/23/03 > Application Fee of$100.00 Please call if you have any questions or comments. Sincerely, LOUCKS ASSOC/ S -- RECEIVED chael I St.Martin, P.E. NOV Civil Engineer l 200 ;I! Y CLERK MJS/dap Encs. \99207M\corresp\White_sub Lyons Court Vacation.doc cc: Al Carlson,Planning and Economic Development Paul Dubriel,Survey Division Michael Lander,The Lander Group � Q U C K 5 George Sherman, Sherman Associates , Sue Fauver, Sherman Associates Att •1114 Keri Wertish,Faegre&Benson offices: Minneapolis, St. Paul A111 P A U L AAAA, PETITION TO VACATE CITY INTEREST I(we), the undersigned,constituting a majority of the owners (or their legally designated representatives)of the abutting properties, 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-1 I (we)request this vacation for the following reason(s). (Indicate whether you will be building on the site.) Redevelopment of property adjacent to Lyons Court alley for affordable housing project. Structures will be erected on vacated Lyons Court alley. I(we)have attached six copies of the site plans of any development intended for construction on the lands to be vacated. Contact Person Person(s)responsible for payment of vacation fee and f acceptance of the terms and conditions of the vacation Name: Michael J. St. Martin, Loucks Associatme: Phone: 763/424-5505 Phone: Address: 7200 Hemlock Lane, Suite 300 Address: Maple Grove, 101 55369-5592 Alternate Contact Person Name: Michael Lander, Lander Group Name: Phone: 612/822-7668 Phone: Address: 3346 Hennepin Avenue South, Suite 100 Address: Minneapolis , MN 55408 Name: Phone: Address: Name: Phone: Address: AUG.18'2003 14:45 763 424 5822 Loucks Associates #5028 P.003/003 Signatures of Owner(s)/Representative(s)of Property(ies)Below: First Baptist Church and Congregation r. of St. Pau,, a Min,-s•to corporation ' - . � '� -- - ./ C The' Trustees of the First Baptist Church 11"e-e/e.-47 ald Congregation of St. Paul %? 1, -41 ,„, ( S - c _ Housing and Redevelopment Authority . of the City of Saint Paul, Minnesota L_ t` Q.54 Yu 6-1/J .am the petitioner.or one of the petitioners in the above matter:and Id Subscribed and sworn to before me this ✓5' day of__..:„ i '� 4i7 3 A-- -2 Petitioner _2q,q1 cam ' SUSAN S. FAUVER 4• Y .. ... , i. _ -.Ife3A .�Y PUBLIC-MINNESOTA: - v t My Commiss■or Expires Jan.31,2005 (<itc.cf-tt?:►Yg) Signatures of Owners of Properties Below: FIRST BAPTIST CHURCH AND CONGREGATION OF ST. PAUL,A MINNESOTA CORPORATION By:( �Cf •, 04 Its: GPhG � Subscribed and sworn to before me on 9 - 9 , 2003 by,c._4u r-e_ / X /e,- , the A v de h6_-1 t, r of the First Baptist Church and Congregation of St. Paul, a Minnesota corporation, on behalf of the corporation. 4 ,' — [notary My Comm.Expires Jzn.01 2005 publ. [notary seal] THE TRUSTEES OF THE FIRST BAPTIST CHURCH AND CONGREGATION OF ST. PAUL By: i/���4-s p -`7 Its: l 1-'6( 51-G,r.— Subscribed and sworn to before me on 5 'O , 2003 by Wa HI'' I-. i-,^sr�— , as Trustee of the First Baptist Church and Congregation of St. Paul. [notary public] [notary seal] e 3 MICHAEL G. KULA { r-A', NOTARY PUBLIC—MINNE'' k MY Comm.Expires Jan.31, s a AUG. 18'2003 14:45 763 424 5822 Loucks Associates #5028 P.003/003 Signatures of Owner(s)/Representative(s)of Property(ies)Below: First Baptist Church and Congregation of St. Paul, a Minnesota corporation ' The Trustees of the First Baptist Church aid Congregation of St. Paul IP , Housing and Redevelopment Authority J 1 , ' , of the City of Saint Paul, Minnesota CI\ t.----___ • • L 6;901 9 . 5 .am the petitioner.or one of the petitioners in the above matter:and I d Subscribed and swam to before me this !7 '• • A— el . , Petitioner `ham > 4 ° -7A/wavy 5N M/v, SUSAN S. 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O O - eVO O oo� a, '^ A ooaOL �.�AZ O 0- u a0.� n+ A.c O F a, 5. >,c *6- 0 ,n Z Tc0., >-v 0- 0_ 0 J 0 N O r v N-2 P.1 N v O V '° o eO 0 eo N p ,L., o' e)1 0? {ft . \/ ,` J I W ii �$ 1 Il�i��i� - 1:', I� -' �F.v v 1 - -N- yN. s , 1!1I � 1 r °�ff+il'9h1 4� I r n aIry1��l„� I V �ii a <. 1 0 W W W r',/, ,' ' -'1■ z O // 4 W a o o rn 111Vd IS 01 NOli CKW S.1AOH s palis einooeM c• o s 0 o- sb o .o TO r =6, S r Li I V � i _ a 3n� L ; S —7 AlS — _ 92---t 1__i -5 II:7 00.0....1 0 i ND. I W _ _v_„_ _ _ _ _ _ .,_ k a'' — .c - - -,— % _ — s d A o 11 :, ,0 " l All r J - -z; Q S 6 r pa4g/caqS °s 77, 'oh! IiOiSIMOBf1S s oiidfld SO. A-3 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. 04-79, approved by the City Council on January 29, 2004, and approved by the Mayor on February 5, 2004. M,Cl4(:6/ Clcvtap AA-ADA-EEO Employer SHERMAN ASSOCIATES, INC. U.S.BANK NATIONAL ASSOCIATION- 28912 1525 So.4th Street Suite 201 MINNEAPOLIS,MN 55414 Minneapolis,MN 55454-1134 17-2/910 2/17/2004 81 PAY TO THE City of Saint Paul I ORDER OF "600.00 Six Hundred and 00/100************************************************************************************************* DOLLARS 8 "° City of Saint Paul 15 Kellogg Blvd W Rm 140 Saint Paul,MN 55102-1613 MEMO Lyons Court nr 00289120 1:09 /0000221: 1602344 1 568 ?Ili SHERMAN ASSOCIATES,INC. City of Saint Paul 2/17/2004 28912 Date Type Reference Original Amt. Balance Due Discount Payment 02/12/2004 Bill 21704 600.00 600.00 600.00 Check Amount 600.00 SHERMAN ASSOCIATES, INC. U.S.BANK NATIONAL ASSOCIATION 28913 MINNEAPOLIS,MN 55414 1525 So.4th Street Suite 201 17-2/910 Minneapolis,MN 55454-1134 2/17/2004 PAY TO THE City of Saint Paul I $ "600.00 ORDER OF Six Hundred and 00/100************************************************************************************************* DOLLARS E T City of Saint Paul 15 Kellogg Blvd W Rm 140 Saint Paul,MN 55102-1613 9th Street Lofts " MEMO — -- _ n'0 289 1 311' 11:09 10000 2 21: 160 2 344 1 568 ?II SHERMAN ASSOCIATES,INC. 28913 City of Saint Paul 2/17/2004 Date Type Reference Original Amt. Balance Due Discount Payment 02/12/2004 Bill 21704 600.00 600.00 600.00 Check Amount 600.00