Loading...
04-914 (2) r Return copy to: (e.c.) Council File # O /Q !`f Real Estate Division 1:1-7Z79_, S_. 9/2_2- O' 140 City Hall Green Sheet# °a/�ad RESOLUTION CITY OF SAINT PAUL, MINNESOTA cI Presented By % ! Referred To Committee: Date 1 BE IT RESOLVED,that, upon the petition of Louis Phillip Gravel III, as documented in Real Estate 2 Division File Number 20-2003, public properties hereinafter described are hereby vacated and 3 discontinued as public property: 4 5 The property to be vacated is described as follows: 6 7 That part of Hoyt Avenue lying westerly of the west line of Cumberland Street and easterly of the 8 southerly extension of the east line of the north-south alley in Idaho Addition. 9 10 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the 11 Saint Paul Legislative Code as amended, and to the following conditions: 12 13 1. That the petitioner's, their successors and assigns shall pay$600.00 as an administrative fee for 14 this vacation which is due and payable within 60 days of the effective date of this resolution. 15 20.00 16 2. That a permanent drainage easement shall be retained across the south 3+60-feet of the vacated 17 area on behalf of the City of Saint Paul, Department of Public Works. Any development or use 18 of the property on which thee easement is retained shall be subject to the following conditions: 19 20 a. No buildings, structures, trees or any temporary structure,material storage, fixture, or any 21 other objects that will restrict the normal flow of surface water will be permitted within 22 the easement area. 23 24 b. Improvements in or upon the above described easement that do not prohibit the City from 25 exercising its reserved rights may be allowed by obtaining written permission from the 26 Department of Public Works Sewer Division with the understanding that the restoration 27 and costs of such improvements shall be the sole responsibility of the petitioner, its 28 successors and assigns in the event the City exercises its reserved easement rights. 29 30 c. No change from the existing grade within the easement area will be permitted without 31 written permission from the Department of Public Works. 32 33 d. No change in surfacing within the easement area will be permitted without written 34 permission from the Department of Public Works. 35 o y- 9/41d • 1 e. The petitioner, its successors and assigns shall indemnify, defend, and save harmless the 2 City of Saint Paul, its officers, agents, employees, and servants from all suits, actions, or 3 claims which shall arise from any injuries or damages received or sustained by any break 4 in any service pipe or connection in said reserved easement arising out of or resulting 5 from any action or negligence of the petitioner, its employees, agents, or business 6 invitees. 7 8 3. That the petitioners, their successors and assigns agree to indemnify, defend and save harmless 9 the City of Saint Paul, its officers and employees from all suits, actions or claims of any character 10 brought as a result of injuries or damages received or sustained by any person,persons or 11 property on account of this vacation or petitioners' use of this property, including but not limited 12 to, a claim brought because of any act of omission, neglect, or misconduct of said petitioners or 13 because of any claims or liability arising from any violation of any law or regulation made in 14 accordance with the law, whether by the petitioners or any of their agents or employees. 15 16 4. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this 17 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution 18 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in 19 all respects with these terms and conditions. Yeas Nays Absent Benanav Requ d y Departure t of: Bostrom k•--- ( I lic Wor Harris ✓ -- Helgen ,i Lantry ✓ B ,S& - l� e. Montgomery v Director Thune r✓ orm Approved by City Attorney 1 s- ��I I 1 Adopted b C uncil: Date g-,7,7-0/71 By: Adoption I e ified by Council Secretary / By: • 1, .2,,c-51.e/ ps.Ap 'ei •y Mayor-for S , is-'. to C• it Approve,, ■•, MOr: Date _ i�A4 7 By: �f� / - NOTICE OF PUBLIC HEARING Notice is hereby given that the petition of Louis Phillip Gravel to vacate that part of Hoyt Avenue 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 22th day of September, 2004 at 5:30 P.M. Dated: August 18, 2004 Shari Moore Deputy City Clerk (August 23, 2004) S:\I VI' P,, 1 I. 0010it Interdepartmental Memorandum MIMI CITY OF SAINT PAUL . RECEIVED AUG 1 8 2004 CITY CLERK To: Shari Moore Office of City Clerk 110 City Hall From: Tom Sawyer Real Estate Division 140 City Hall Date: August 18, 2004 Subject: Vacation # 20-2003 - Vacate a portion of West Hoyt Avenue. I am requesting a date of September 22, 2004 for a Public Hearing to approve the attached Council Resolution. The purpose of the resolution is to approve the petition of Phil Gravelt to vacate a portion of West Hoyt Avenue. I have enclosed photocopies of the Green Sheet, the Council Resolution and a map of the area to be vacated. Please let me know if there is any additional information you might need. The resolution is currently being routed for signatures along with the responses from the utilities and other pertinent information. 0 Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Department/office/council: Date Initiated: PW —Public Works 18-AUG-04 Green Sheet NO: 3021822 Contact Person&Phone: Department Sent To Person Initial/Date e Tom Sawyer 0 Public Works_- 266-8857 Assign 1 Cy Attorney Must Be on Council Agenda by(Date): Number 2 Public Works Department Director 22-SEP-04 For Routing 3 Mayor's Office Mayor/Assistant ---- —Order 4 Council 5 City Clerk _ City Clerk Total#of Signature Pages (Clip All Locations for Signature) Action Requested: Approve resolution vacating a portion of West Hoyt Avenue. Recommendations:Approve(A)or Reject(R): Personal Service Contracts Must Answer the Following Questions: Planning Commission 1.Has this person/firm ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3.Does this person/firm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem,Issues,Opportunity(Who,What,When,Where,Why): The petitioner owns the property on both sides of the area to be vacated. He wishes to landscape the vacated area. Advantages If Approved: THe petitioner will be able to landscape the vacated area. Disadvantages If Approved: None Disadvantages If Not Approved: The petitioner will not be able to landscape the area and tye City will remain responsible for the unimproved, unused section of street ROW. Total Amount of 600 Cost/Revenue Budgeted: Transaction: Funding Source: Activity Number: Financial Information: (Explain) , . • -------- ! - ! __. i , 1 'r ARUNDEL ! . • _ I- - -- - Li I I. ; . . . 0 4 _ . 1 .• ‘, 1 , . . 0 L._ ! i .. A 1 , CUMBERLAND , . . . . 11*-• _ . _ . i • . . . ., ., . II It I H 1 ' riAll pr- 1 ,----, rue! 1 i -- 1 , riu _WESTERN . . i• , 1 . 11----1 . i- i IJ CITIZEN SERVICE OFFICE Donald J.Luna,City Clerk PAUL CITY OF SAINT PAUL 170 City Hall Tel.: 651-266-8989 Randy Kelly,Mayor 15 W.Kellogg Boulevard Fax: 651-266-8689 Saint Paul,Minnesota 55102 MUM October 2, 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 Louis Phillip Gravel for the vacation of the Hoyt Avenue right-of-way according to the recorded plat thereof on file and of record in the Office of the Saint Paul City Clerk. Sincerely, Shari Moore Deputy City Clerk Attachments AA-ADA-EEO Employer Petition to Vacate City Interest I the undersigned, being a majority of the owners of abutting properties, do hereby petition the Council of the City of St. Paul to vacate its interests in the property legally described as follows: The Hoyt Avenue right-of-way located west of the Cumberland Street right-of-way and east of the alley running north-south between Cumberland Street and Arundel Street. I request this vacation in order to improve my yard. I own the property on both sides of the property being vacated. This section of right-of-way is unimproved and will never be improved because of the steep slopes. There are no utilities in this section of right-of- way. Previously I have been granted a permit for land alteration on the right-of-way. However, I have been reluctant to invest any money on landscaping or other improvements without ownership. As a point of clarification, my Legal name is Louis Phillip Gravel III. However, I have gone by Phil Gravel my whole life and one of the properties adjacent to the property to be vacated is recorded under that name. I will attest to the authenticity of the signatures below. The following information is included with this petition per City guidelines. Contact Person: Louis Phillip Gravel III 1559 Cumberland Street St. Paul, MN 55117 651-604-4885 (daytime phone) Person responsible for payment of vacation fee and for acceptance of the terms and conditions of the vacation: Louis Phillip Gravel Signature Of Owners: of Property Described Below: Lot 1 and Lot 2 except south 10 feet thereof, Block 10, Edwin M. Ware's ' T a Cumberland Addition Plat 1 (PIN 24-29-23-24-0022) Louis Phillip Gravel III qi) Lk Lot 19, Idaho Addition (PIN 24-29-23-21-0053) Phil Gravel Notary Public: • Subscribed and sworn to before me this 30 ' • , ` CATHERINE R.WHITE day of Sepkew' 2003. NOTARY PUBLIC-MINNESOTA �,,�! y MYCOMMISSION EXPIRES 1-31.2005 GLPiYt L • Notary My commission expires i- $X- 1,00 5 I - - - - - -,- — — —— — — ----- —1-4A— — — - - T- — — - - - - 1qYE:- - - 7 -- ---- - 2107.34 1 t/.22 y A/22 4122- .1rLL �zj. ( (�) 3c 1 (� ' ) 1 4 ���; — D 6 I I 6 , I # (39) T.A.f_ j( ' '/ O iz3.6, i z3- -' 1 (38) 38 ca.t r12-,0 �} jQ (42) ' o7/ Z- ,, 0(o r--� (67) — — 1 s�iz. i=-- 'V (G47) v \ N i (. /2_3.1 g I 29 (43) • Zi• t( 75., >-- 025 W , 024 Q W d (69� O(o .� 0 c (68 1� �) 4 128 (44) (37) ZS a 1 /O N 27 (45) ° i . - (3(,) V Q _ � (70) 3 Vr.: ii �•f'� (4!0) I r (35) �: 16 1. .7S 0 I ° (5 6) /2 25'(47) (34) ti 042 24 U — — — -zr) (7O ^ — (57) 1.3 ZT (48) (33) 21 NO. 157 4 I ' /4 23 (49) o (32) "Lc Ea—A ' CONDOMINIUM I 4 � ,� 3 x'14 la-1— • H /.S' 22 (5°) • h1 ' (3t) M r WI — �� i (5s) �6 • 2/ (51) is • (39) �4 t� tt__• 1 I p' 1 0 , S Z (55) /7 ® 2 0 (52) ' r (as) 11 . . I p Q 1 I . I t (54) ii 1 /j (S3) 1 a IG 1 , , p�;}ePubP 7 kNI' _.�wm (v � M _ 4i• --- — - -- � i23./2 l20 i23.B2. be :17 9 Hexv_T_ ACktE 44 Iii:rr 2 ,, ; / 120 IZ3.8J 2 :2.i+/. 1 -. �• ! _l � Z A 965 : (44) t M U.M ,6 1 ,, 1,.., .�. .30:• ci L loner mi l9 S) ay 2 ; 29 • �1 ------ _'1 � tP Z —�-/o I �o�� i (44) t' (23) 3 r ti - 2S ' (43) 27 4• r !' 17 � t l 1 7 (42) 210 1 (24) .!� , .a-.— 2� (41) 2S (25) fr r J Z S �I 4 /� (4O) 24 r ` (2G) 1 1c•1 24 2 pS - (39) 23 S 23 Oft J2�c 2 A Y I 1�l I' ' (3 6) 22 (27) / r I , 2.2 --1 --/-4- i Z 4 1 ` 4 1 0 * * TITLE REPORT ORDER NO.:RAM OR1014131-N APPLICANT: Phil Gravel PREPARATION DATE: August 26, 2003 IN PREPARING THIS TITLE REPORT, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY HAS NOT SEARCHED ALL DOCUMENTS AFFECTING TITLE TO THE PROPERTY FROM THE GOVERNMENT PATENT AND IS RENDERING NO OPINION AS TO THE STATUS OF TITLE. THE SEARCHES MADE IN PREPARING THIS REPORT COVER ONLY THOSE MORTGAGES OF RECORD AFFECTING THE PROPERTY COVERED HEREBY WHICH APPEAR UNSATISFIED OF RECORD. THE OWNER OF RECORD AS SHOWN IS THE LAST NAMED GRANTEE OF A CONVEYANCE WHICH PURPORTS TO TRANSFER THE FEE INTEREST TO THE PROPERTY. LEGAL DESCRIPTION: Parcel 1: Lot 19, Idaho Addition, according to the recorded plat thereof, and situate in Ramsey County, Minnesota. Abstract Property Parcel 2: Lot 1, Block 10, Edwin M. Ware's Cumberland Addition Plat 1, according to the recorded plat thereof, and situate in Ramsey County, Minnesota. Abstract Property Parcel 3: Lot 2, except the South 10 feet thereof, Block 10, Edwin M. Ware's Cumberland Addition Plat 1, according to the recorded plat thereof, and situate in Ramsey County, Minnesota. Being registered land as is evidenced by Certificate of Title No. 337742. Registered Property. GRANTEES AS SHOWN ON LAST DEED OF RECORD: Phil Gravel (as to Parcel 1) and Louis P. Gravel III (as to Parcels 2 and 3) CONTRACT PURCHASER OF RECORD: ORDOCS MT01127 ORT TITLE REPORT PAGE 1 None OUTSTANDING MORTGAGES: Mortgage executed by Louis P. Gravel III, single in favor of First State Bank of Onamia, dated May 26, 1988, filed July 22, 1988, as Document No. 873938, in the original amount of$45,000.00. (as to Parcel 3) Mortgage executed by Louis P. Gravel III, single in favor of Margaretten& Company, Inc., dated December 19, 1991, filed January 27, 1992, as Document No. 2634228, in the original amount of$50,100.00. (as to Parcel 2) OUTSTANDING MECHANICS LIENS, ATTORNEYS LIENS, DIVORCE LIENS, HOMEOWNERS ASSOCIATION LIENS, FINANCING STATEMENTS AND LEASES: None TEN YEAR NAME SEARCH VS. LAST GRANTEE(S) AND/OR VENDEE(S) OF RECORD: Judgment, state tax lien, and federal lien searches have been made and show as follows: None. ADDITIONAL SEARCHES REQUESTED: REAL ESTATE TAXES: Yes Taxes for the year 2003 in the amount of$48.00 are paid. (Base tax amount $38.00.) (Tax No. 24-29-23- 21-0053.) NOTE: Ramsey County tax records indicate property is non-homestead for taxes payable in the year 2003. The estimated market value is $10,200.00 as shown by real estate tax records. (as to Parcel 1) Taxes for the year 2003 in the amount of $1,558.00 are half paid, half unpaid. (Base tax amount $1,409.00.) (Tax No. 24-29-23-24-0022.) NOTE: Ramsey County tax records indicate property is homestead for taxes payable in the year 2003. The estimated market value is $172,300.00 as shown by real estate tax records. (as to Parcels 2 and 3) ORDOCS MT01127 ORT TITLE REPORT PAGE 2 ADDITIONAL NAMES SEARCHED BY REQUEST: None ATTACHMENTS: No EFFECTIVE DATE: June 3, 2003 At: 7:00 AM NOTE: If there are any questions concerning the information provided above, please call Marge Kotzer at (612) 371-1111 Ext. 1408. ORDOCS MT01127 ORT TITLE REPORT PAGE 3 r Yri s li".'': Yr 0, i.,1'% 3 ..-,..cr it ii; i 7Th ..,k...1 -72. 7. CD s. `u3 ,:d .., 4 ,.. .... ..... 0 ...,., \‘,1) ;s' ic.4... 4) •r4 S �\ N V C C wa 1--1 ;12 ,- w m ,d w2 a� GAF 2a i4 8. 0= 8i ** ** * * : (5 * * 3: Return copy to: (e.c.) Council File# 014-94 Real Estate Division /1-7Z.72.01.-a 9/22- O' 140 City Hall Green Sheet# (�l�-)-D RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Committee: Date 1 BE IT RESOLVED,that, upon the petition of Louis Phillip Gravel III, as documented in Real Estate 2 Division File Number 20-2003, public properties hereinafter described are hereby vacated and 3 discontinued as public property: 4 5 The property to be vacated is described as follows: 6 7 That part of Hoyt Avenue lying westerly of the west line of Cumberland Street and easterly of the 8 southerly extension of the east line of the north-south alley in Idaho Addition. 9 10 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the 11 Saint Paul Legislative Code as amended, and to the following conditions: 12 13 1. That the petitioner's, their successors and assigns shall pay$600.00 as an administrative fee for 14 this vacation which is due and payable within 60 days of the effective date of this resolution. 15 20.00 16 2. That a permanent drainage easement shall be retained across the south 3.9a6-feet of the vacated 17 area on behalf of the City of Saint Paul, Department of Public Works. Any development or use 18 of the property on which thee easement is retained shall be subject to the following conditions: 19 20 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any 21 other objects that will restrict the normal flow of surface water will be permitted within 22 the easement area. 23 24 b. Improvements in or upon the above described easement that do not prohibit the City from 25 exercising its reserved rights may be allowed by obtaining written permission from the 26 Department of Public Works Sewer Division with the understanding that the restoration 27 and costs of such improvements shall be the sole responsibility of the petitioner, its 28 successors and assigns in the event the City exercises its reserved easement rights. 29 30 c. No change from the existing grade within the easement area will be permitted without 31 written permission from the Department of Public Works. 32 33 d. No change in surfacing within the easement area will be permitted without written 34 permission from the Department of Public Works. 35 ay- 9/41d 1 e. The petitioner, its successors and assigns shall indemnify, defend, and save harmless the 2 City of Saint Paul, its officers, agents, employees, and servants from all suits, actions, or 3 claims which shall arise from any injuries or damages received or sustained by any break 4 in any service pipe or connection in said reserved easement arising out of or resulting 5 from any action or negligence of the petitioner, its employees, agents, or business 6 invitees. 7 8 3. That the petitioners, their successors and assigns agree to indemnify, defend and save harmless 9 the City of Saint Paul, its officers and employees from all suits, actions or claims of any character 10 brought as a result of injuries or damages received or sustained by any person, persons or 11 property on account of this vacation or petitioners' use of this property, including but not limited 12 to, a claim brought because of any act of omission, neglect, or misconduct of said petitioners or 13 because of any claims or liability arising from any violation of any law or regulation made in 14 accordance with the law, whether by the petitioners or any of their agents or employees. 15 16 4. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this 17 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution 18 and shall,within the period(s) specified in the terms and conditions of this resolution, comply in 19 all respects with these terms and conditions. Yeas Nays Absent • Benanav ✓ Requ d y Departure t o£ Bostrom ,i lic Wor 2 Harris ✓ Helgen ✓ Lantry B Montgomery v Director Thune orm Approved by City Attorney s �- Adopted b C uncil: Date By: Adoption e 'feed by Council Secretary By: Apr. 'e∎ .y Mayor-for Su. is•'• to C.'0 it Approve Mor: Date _ i� ' 4 / P By: 441IW f `y 4 maser ��• / , r