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02-901 (2) t . � y Return copy to: (e.c.) ORIGINAL Council File# ' Real Estate Division 140 City Hall Green Sheet# do 317-7 RESOLUTION CITY • F SAINT PAUL, MIN ESOTA Presented By / "Z7 - Referred To Committee: Date abS 10 a, IL ko I��� • 1 WHEREAS, as documented in the Real Estate Division's Vacation File Number 25-2001, the Housing and 2 Redevelopment Authority of the City of Saint Paul, on behalf of Atlantic Financial Group, has petitioned the 3 City of Saint Paul to vacate its interest in public property described as: 4 5 See Attached Exhibit A and 6 7 WHEREAS, representatives of the City of Saint Paul, Department of Public Works, having reviewed the 8 petition to vacate public property and having discussed the matter with the petitioner, have recommended that 9 the petition to vacate public property be denied as outlined in attached Exhibit B ; and 10 11 THEREFORE BE IT RESOLVED, that the said petition to vacate the public property described in Exhibit 12 "A" is hereby denied. Yeas Nays i Absent Benanav H *ick • 1` O • a z-o Oa. Blakey �' Coleman Hams � ? Lann Reiter { I Adopted by Council: Date O i. . *NW*a- Ado n Certified by uncil S retary AP,i .y Ma<. Dar BA, __[ Yeas EOM Absent Benanav 1/ -- Requested by Department of: Blakey 1 v• , Technology & Management Services Bostrom Coleman Harris 'REIM ✓ By: (7"))/.. ‘4--/fid-L--- Lantry mein Director Reiter &WM Form Approved by City Attorney 11111'111110 I / Adopted by Coun ►'ate 7430 By: _ . I!, / Adoption Certifi;. by C• n 1 Secretary By: ` Appro - by Mayor for S smi >'o to ••uncil Approved by ■ ayor: Date 41/At By: By: A 1 4i e Y r as -GO 1 EXHIBIT A Parcel I: That 30.00 foot wide sub-surface part of Fillmore Avenue, formerly Fourth Street and also formerly Water Street, lying between the elevations of 708.00 feet and 714.00 feet, sea level data, the center line of which is described as follows: Beginning at a point on the northwest line of Lot 1,Block 2,Riverview Office Addition 20.26 feet southwesterly of the northernmost corner of the said Lot 1; thence north 31 degrees 34 minutes 12 seconds West a distance of 70.00 feet to the southeast line of Lot 2, Block 1, said Riverview Office Addition, and there terminating. The sidelines of said Parcel I are to be prolonged or shortened to terminate at said northwest line of Lot 1 and said southeast line of Lot 2. Parcel II: That 20.00 foot wide sub-surface part of the said Fillmore Avenue lying between the elevations of 696.00 feet and 710.00 feet, sea level data, the center line of which is described as follows: Beginning at a point on the southeast line of Lot 2, Block 1, Riverview Office Addition 5.98 feet northeasterly of the southernmost corner of the said Lot 2; thence south 23 degrees 22 minutes 46 seconds East a distance of 70.30 feet; thence South 31 degrees 07 minutes 50 seconds East a distance of 41.34 feet and there terminating. The sidelines of said Parcel II are to be prolonged or shortened to terminate at the said southeast and southwest lines of the said Lot 2 and the northwest line of Lot 1, Block 2, said Riverview Office Addition. DEPARTMENT OF PUBLIC WORKS • Robert Sandquist, Director -et°‘ EXHIBIT B SAINI P A U L CITY OF SAINT PAUL 800 City Hall Annex Randy C. Kelly, Mayor 25 West Fourth Street Saint Paul, Minnesota 55102-1660 MUM i-EECEIVEt. Phone:651-266-6150 Fax:651-298-4559 Yrr ;r la 0 5 To: Earl Carlson SEAL ESTATE DIVISION St. Paul Real Estate 140 City Hall From: Linda MurphyC -C St. Paul Public Work 800 City Hall Annex Re: TMS File #25-2001 Subterranean vacations for US Bank's tunnel and storm line in Fillmore between Robert and Livingston Date: February 4, 2002 The Department of Public Works has completed a review of the above-referenced proposal and recommends their vacation request be denied. US Bank would like these areas vacated to accommodate an underground pedestrian tunnel and private storm line. The location and proposed construction of the tunnel and storm line have been approved by the Department of Public Works within the City's Site Plan Review process. We have no objection to their proposal and will gladly issue the necessary permits for their construction. But we strongly object to relinquishing our right-of-way to accommodate this, primarily because the vacation is unnecessary since the established procedure for approving these items is a sewer permit for the private storm line and an encroachment permit for the tunnel. Separate issues pertaining to the storm line are: 1) We have many private sewer lines in the public right-of-way. A permit from the Public Works Sewer Utility for a private storm line grants the property owner the authority to have their pipe in the public right-of-way. We have granted this authority via permit for all of the many private sewer facilities over the years. Never have we vacated the right-of-way to accomplish this. 2) The amount of area being requested for vacation is unrealistic compared to the size of the storm line. Responsive Services • Quality Facilities • Employee Pride Memo to E. Carlson on Vac.#25-2001 - page 2 3) Even if the vacation area were reduced to a more realistic area, it would be setting a precedent which could have severe repercussions for the City and it's public right-of-way. The area beneath our public streets is becoming increasingly congested. This area is needed for existing and future public utilities. To relinquish our easement rights within the designated area of the right-of-way each time a property owner or business requests use of the right-of-way would soon leave little right-of-way left for public use. The issues regarding the vacation of the tunnel area are as follows: 1) Issue # 3, above, applies. Allowing a vacation for the tunnel opens the door for many other vacation requests, such as storm lines and other utility lines, which are inappropriate as vacations. 2) I have attached a list of tunnels in St. Paul, all of which are approved by permit. In the history of the City no tunnels have been approved by vacation of our right-of-way. We see no reason to deviate from the City's standard procedure of issuing a permit. lcm Attachment Copy: Bruce Elder, Right-of-Way Manager Roger Puchreiter, Sewer Manager Bob Sandquist, Director Al Shetka, City Engineer Lisa Veith, Assistant City Attorney Ste_ 4u I. ST. PAUL CITY COUNCIL AMA PUBLIC HEARING NOTICE Da- STREET/ALLEY VACATION City Council Ward# 2 NANCY ANDERSON Planning District# 3 COUNCIL RESEARCH 310 CITY HALL File No. 25-2001 PURPOSE to consider a petition to vacate certain subterranean areas of Filmore Street between Robert Street and Livingston Avenue. Staff has submitted this petition with a recommendation that the vacation be denied. PETITIONER the Housing and Redevelopment Authority on behalf of Atlantic Financial Group HEARING The Council will conduct a public hearing on this vacation on Wednesday, September 25, 2002 in the Council Chambers on the third floor of City Hall. Public Hearings begin at 5:30 P.M. QUESTIONS Call 266-8850 and refer to the file number above. City staff will be available until 4:30 in Room 140 City Hall to answer any last- minute question on this project. MAP (attached) Notices sent by: Real Estate Division Dept. of Technology and Management Services Room 140 City Hall - Court House Saint Paul, Minnesota 55102 AA-ADA-EEO Employer '," PROPOSED STORM SEWER VACATION ouvn.,, a.J<-WY.- FAX: 972-B88-9726 OPUS NORTHWEST, L.L•C. . 0 _ o • v \ \ ,}\© \,>••_ _ -♦ w \ . \ / lI VL_l l V/L_ YY r . 5 tY <'(�,. �\ c'.'' i •'.- .� , �. 1 O / • �Gcco - '.7 .'.y \ti' .�\ 1 alinPr ,,•a4 ■ 0 '% V::-°\''4""'Y '' t-')\ '',7J. \-'C\ \, 0\0 ,,, , do\ \ L 7 ' t \ t∎ , ./ A,..� L :- • \ \ ■' A r-1 n I rlel A I BC'eCuc { \ A r1 LI Li I I l lJ l v —\ \ PZO°05'D 570R`.1 SEWER EASEMENT PROPOSED PEDESTRIAN TUNNEL VACATION tw:1n.31: VOL—COI-L}» FAX: 972-BL9-9526 OPUS NORTHWEST, .1..1.C. . \ \ \ \ \\,sr G•tig * F ._1 0.1 \s±c- ,../N."'''' ' ,,..-7 . \ � �P �...•0 1‘.1.' \ \ .... cfC\-1,-- \ c\?. .L c.1. -..•:....i. „ ,-- Q' , 1 \ o ..) � , ,--,,y ) \..„ ..., . .. 1,. t''..:Rt / ' \ ``_ . re," of.-, \j\ CC\ .."7-' , tJ \ E ■ nLJLJI l kr,v , �rl'c't�4' .r \ PROPOSED TUNNEL EASEMENT . SAINT ckO\ P A U L f41 Interdepartmental Memorandum 9 AAAA CITY OF SAINT PAUL To: All Council Members From: Peter White Right of Way Engineer 140 City Hall Date: August 23, 2002 Subject: TMS Department Vacation File No. 25-2001 I recommend a public hearing before the City Council be held on September 25,2002 to consider denying a petition to vacate subterranean right-of-way under Fillmore Street. The purpose of the vacation is to facilitate construction of a pedestrian tunnel and a private storm sewer. This property is located in City Council District 2, Planning District 3. The subject petition is in proper form and has been signed by the requisite number of property owners. Council Research Csntcr AUG 2 6 2002 (2501 date) • Vacation Guidelines SAINT 0a 'AO\ PAUL 4 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,do hereby petition the Council of the City of Saint Paul to vacate its interests in the property(ies) legally described as follows: See the attached Exhibit A I(we)request this vacation for the following reason(s). (Indicate whether you will be building on the site.) 1) Construction of a tunnel under Fillmore Avenue to connect U.S. Bank parking ramp to U.S. Bank office building. 2) Construction of a storm sewer under Fillmore Avenue. I(we)have attached six copies of the site plans of any development intended for construction on the lands to be vacated. Copies of site plans were delivered to City of Saint Paul Department of Public works by David Bangasser of Opus Northwest Contact Person Construction. Person(s) responsible for payment of vacation fee and for acceptance of the terms and conditions of the vacation: Name: Julia LeMense Huff Name: Marie Franchett Phone: (651) 223-6489 Phone: (651) 266-6702 Bciggs and Moig iu Huusiug & RcLlcvclupuicul Address: W2200 First National Bank Bldg, Address: Authority of the City of St. Paul St. Paul, MN 55101 1400 City Hall Annex 25 West Fourth Street St. Paul, MN 55102 Alternate Contact Person- Name: Marie Franchett Name: Phone: See above] Phone: Address: Address: Name: Phone: Address: Vacation Guidelines 6'd- \ Name: Phone: Address: Signatures of Owner(s)/Representative(s) of Property(ies) Below: ' //i, ' 1, , 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 Vacation Guidelines in the petition. Owl Oct Subscribed and sworn to before me this /I/'7day of , ' . MARY C. ERICKSON NOTARY PUBLIC-MINNESOTA , }r MY COMMISSION 0 , 2004 I/ j 1 EXPIRES JAN.31,200S 1 / i 7 y '. �Jr— d Petitioner Notary My commission expires (<alt><f-10>vg) 00 9,01 Tunnels in Saint Paul- all approved by permit 1) Twin Town Treatment 1706 University Avenue Under alley behind building. 2) Three Bears LLC 720 Payne Avenue Utility tunnel under Minnehaha between 720 & 722 Payne Avenue. 3) Hamline University 1536 Hewitt Avenue Utility tunnel crossing under Hewitt east of Asbury. 4) Minnesota Life 400 &401 Robert Street North Pedestrian tunnel crossing under Robert Street between 400 &401 Robert Street North. 5) State Of Minnesota 600 North Robert Street Pedestrian tunnel under vacated 13th Street between Robert Street& Jackson Street within a sewer easement area. 6) State of Minnesota 600 North Robert Street Pedestrian tunnel crossing under Robert Street near Columbus. 7) State of Minnesota 600 North Robert Street Pedestrian tunnel crossing under 14th Street, east of Robert Street North. 8) Allina Health Systems 333 Smith Avenue &280 Smith Avenue Pedestrian tunnel under Smith Avenue from United Hospital to Medical Office building. 9) The Markham Company Tunnel crossing under West 7th Place from Hamm building to Saint Francis Hotel to Palace Theatre. 10) Macalester College Utility tunnel crossing under Macalester Street, north of Grand between 30 Macalester Street& 16 Cambridge Street. 11) J.L.T. Warehouse Ltd.Partnership Tunnel under Territorial Road between 2219 Territorial Road and 739 Vandalia Street. 12) Economics Laboratory Tunnel under 5th Street, east of Wabasha, between 360 North Wabasha Street and 9 East Fifth Street. 13) The Saint Paul Company Tunnel under 6th Street,west of Washington. 14) State of Minnesota Pedestrian tunnels University-Columbus-Cedar-Wabasha. 15) Golden Rule Building Under 7th Street. 16) Cedar Street Between 5th Street& 6th Street. 17) Pioneer Press Tunnel crossing under 4th Street at 55 & 63 east 4th Street. Return copy to: (e.c.) ORIGINAL Council File# s ;; q Real Estate Division 140 City Hall Green Sheet# 0t0 3Z�-7 RESOLUTION CITY •F SAINT PAUL, MIN ■ ESOTA L} • Presented By OPt -07 Referred To Committee: Date c■\a.s to a,, 1 WHEREAS, as documented in the Real Estate Division's Vacation File Number 25-2001, the Housing and 2 Redevelopment Authority of the City of Saint Paul, on behalf of Atlantic Financial Group, has petitioned the 3 City of Saint Paul to vacate its interest in public property described as: 4 5 See Attached Exhibit A and 6 7 WHEREAS, representatives of the City of Saint Paul, Department of Public Works, having reviewed the 8 petition to vacate public property and having discussed the matter with the petitioner, have recommended that 9 the petition to vacate public property be denied as outlined in attached Exhibit B ; and 10 11 THEREFORE BE IT RESOLVED, that the said petition to vacate the public property described in Exhibit 12 "A" is hereby denied. - Yeas j Nays Absent 7 Benanav `_ O O� Blakey .` 9Bastrom I 434 Coleman Hams Lantry Reiter Adopted by Council: Date 0 i. . ZO • Ado - n Certified by uncil S retary A -y Ma . Dar — - B �T74 ;701,� Yeas MISTE Absent Benanav _ 1/ -- Requested by Department of: Blakey �/ / Technology & Management Services Bostrom / � Coleman j - / / I' / Harris ' LI By: I Lantry \ ra Director Reiter ILVI Form Approved by City Attorney !'111111111 / 1 / Adopted by Coun , : 0 ate . '1S. 1O L By: _ A I l..i_i / • _ . A Adoption Certifi.e by C. n .1 Secretary By: �� _ Appro ay Mayor for S smi ,'o to .uncil Approved by ■ ayor: Date � By: By: 412//_`/ � e aa -401 EXHIBIT A Parcel I: That 30.00 foot wide sub-surface part of Fillmore Avenue, formerly Fourth Street and also formerly Water Street, lying between the elevations of 708.00 feet and 714.00 feet, sea level data, the center line of which is described as follows: Beginning at a point on the northwest line of Lot 1, Block 2,Riverview Office Addition 20.26 feet southwesterly of the northernmost corner of the said Lot 1; thence north 31 degrees 34 minutes 12 seconds West a distance of 70.00 feet to the southeast line of Lot 2, Block 1, said Riverview Office Addition, and there terminating. The sidelines of said Parcel I are to be prolonged or shortened to terminate at said northwest line of Lot 1 and said southeast line of Lot 2. Parcel II: That 20.00 foot wide sub-surface part of the said Fillmore Avenue lying between the elevations of 696.00 feet and 710.00 feet, sea level data, the center line of which is described as follows: Beginning at a point on the southeast line of Lot 2, Block 1, Riverview Office Addition 5.98 feet northeasterly of the southernmost corner of the said Lot 2; thence south 23 degrees 22 minutes 46 seconds East a distance of 70.30 feet; thence South 31 degrees 07 minutes 50 seconds East a distance of 41.34 feet and there terminating. The sidelines of said Parcel II are to be prolonged or shortened to terminate at the said southeast and southwest lines of the said Lot 2 and the northwest line of Lot 1,Block 2, said Riverview Office Addition. t DEPARTMENT OF PUBLIC WORKS • Robert Sandquist,Director Ca _qD EXHIBIT B SAL PAUL CITY OF SAINT PAUL Ast L 800 City Hall Annex Randy C. Kelly, Mayor 25 West Fourth Street r Saint Paul,Minnesota 55102-1660 AAAA RECEIVE-)� Phone:651-266-6150 Fax:651-298-4559 To: Earl Carlson "' ESTATE DIV!SIC^+ St. Paul Real Estate 140 City Hall From: Linda Murphyd e' St. Paul Public Work 800 City Hall Annex Re: TMS File # 25-2001 Subterranean vacations for US Bank's tunnel and storm line in Fillmore between Robert and Livingston Date: February 4, 2002 The Department of Public Works has completed a review of the above-referenced proposal and recommends their vacation request be denied. US Bank would like these areas vacated to accommodate an underground pedestrian tunnel and private storm line. The location and proposed construction of the tunnel and storm line have been approved by the Department of Public Works within the City's Site Plan Review process. We have no objection to their proposal and will gladly issue the necessary permits for their construction. But we strongly object to relinquishing our right-of-way to accommodate this, primarily because the vacation is unnecessary since the established procedure for approving these items is a sewer permit for the private storm line and an encroachment permit for the tunnel. Separate issues pertaining to the storm line are: 1) We have many private sewer lines in the public right-of-way. A permit from the Public Works Sewer Utility for a private storm line grants the property owner the authority to have their pipe in the public right-of-way. We have granted this authority via permit for all of the many private sewer facilities over the years. Never have we vacated the right-of-way to accomplish this. 2) The amount of area being requested for vacation is unrealistic compared to the size of the storm line. Responsive Services • Quality Facilities • Employee Pride C�a -a[o\ Memo to E. Carlson on Vac.# 25-2001 -page 2 3) Even if the vacation area were reduced to a more realistic area, it would be setting a precedent which could have severe repercussions for the City and it's public right-of-way. The area beneath our public streets is becoming increasingly congested. This area is needed for existing and future public utilities. To relinquish our easement rights within the designated area of the right-of-way each time a property owner or business requests use of the right-of-way would soon leave little right-of-way left for public use. The issues regarding the vacation of the tunnel area are as follows: 1) Issue# 3, above, applies. Allowing a vacation for the tunnel opens the door for many other vacation requests, such as storm lines and other utility lines, which are inappropriate as vacations. 2) I have attached a list of tunnels in St. Paul, all of which are approved by permit. In the history of the City no tunnels have been approved by vacation of our right-of-way. We see no reason to deviate from the City's standard procedure of issuing a permit. lcm Attachment Copy: Bruce Elder, Right-of-Way Manager Roger Puchreiter, Sewer Manager Bob Sandquist, Director Al Shetka, City Engineer Lisa Veith, Assistant City Attorney SAINT f�U L ST. PAUL CITY COUNCIL MIA PUBLIC HEARING NOTICE STREET/ALLEY VACATION City Council Ward# 2 NANCY ANDERSON Planning District# 3 COUNCIL RESEARCH 310 CITY HALL File No. 25-2001 PURPOSE to consider a petition to vacate certain subterranean areas of Filmore Street between Robert Street and Livingston Avenue. Staff has submitted this petition with a recommendation that the vacation be denied. PETITIONER the Housing and Redevelopment Authority on behalf of Atlantic Financial Group HEARING The Council will conduct a public hearing on this vacation on Wednesday, September 25, 2002 in the Council Chambers on the third floor of City Hall. Public Hearings begin at 5:30 P.M. QUESTIONS Call 266-8850 and refer to the file number above. City staff will be available until 4:30 in Room 140 City Hall to answer any last- minute question on this project. MAP (attached) Notices sent by: Real Estate Division Dept. of Technology and Management Services Room 140 City Hall - Court House Saint Paul, Minnesota 55102 AA-ADA-EEO Employer . E .., PROPOSED STORM SEWER VACATION FAX: 952-888-9526 OPUS NORTHWEST, L.L.C.. p a, o \ . ,�/\'. \\2. , _ /- . • • r- /�^�'' �, \ I C /, ' 8t.tw . •••••.1 V ,Z FT. nr-r-!/,r- c v-\-. ' ✓"" 5%9016 !! Vl / lvL. N ..• s . \ ,' 1 -,' �`.� - ^ C,I.1 \..�$ `�/ K�Oho \- .- ' 1� ' fl ,ry -/ \/^`'/\. \ yep VV ` \ \- 1 'O ;t` �' o� .... C,^• - /`'�- �•O- \ \ / l• - / .6 L i- i' \ - 4420 1 \ -- A / 1r\/T1/1Al B`4,_ S� f \ A /-1L/L// 1 1 l....// V —'\ \ PRO°05E0 STORU SEWER EASEMENT PROPOSED PEDESTRIAN TUNNEL VACATION qV::ni31: Y7I—OOI-11» �""�""•'�"•"" ry rr..vvry . v1 , FAX. 952-CAB-9526 OPUS NORTHWEST, L.L.C• \ \ , L,71 ir,,l 7/C-14 - \ /1/vc_r1 vl1_rr ,, ■ .1.F C 1 J 4.\31'1 . \\\)'\ \ Yap �' \01- r� \ G� \ �a n rtr . . \ \ .C...).,, \r1\ \ `C■ .1 til INct!,:.:.: .... N � , �•: oeo . c1 $'. ,. 00 rte• • c■ \I\ C-- \S:: C 3 . -- 1Jl-,,;vim \ \ A nn/r//1A/ -� } ~*J i1 \ 64 ■ r1LJ Li,llV/Y -' 1 � ; ' 1.'J.' \ \ - ''1'0,4,0'; L f / 1 r 11 r \ PROPOSED TUNNEL EASELIENT . Ao- SAINT 6 a- Gko\ P A Interdepartmental Memorandum 9 AMA CITY OF SAINT PAUL To: All Council Members From: Peter White Right of Way Engineer 140 City Hall Date: August 23, 2002 Subject: TMS Department Vacation File No. 25-2001 I recommend a public hearing before the City Council be held on September 25,2002 to consider denying a petition to vacate subterranean right-of-way under Fillmore Street. The purpose of the vacation is to facilitate construction of a pedestrian tunnel and a private storm sewer. This property is located in City Council District 2, Planning District 3. The subject petition is in proper form and has been signed by the requisite number of property owners. Card 53essarch Csntcr AUG 2 6 2002 (2501 date) • • Vacation Guidelines SAINT oa '"'qQ\ P A U L 4 '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, do hereby petition the Council of the City of Saint Paul to vacate its interests in the property(ies) legally described as follows: See the attached Exhibit A I (we)request this vacation for the following reason(s). (Indicate whether you will be building on the site.) 1) Construction of a tunnel under Fillmore Avenue to connect U.S. Bank parking ramp to U.S. Bank office building. • 2) Construction of a storm sewer under Fillmore Avenue. I (we)have attached six copies of the site plans of any development intended for construction on the lands to be vacated. Copies of site plans were delivered to City of Saint Paul Department of Public works by David Bangasser of Opus Northwest Contact Person Construction. Person(s) responsible for payment of vacation fee and for acceptance of the terms and conditions of the vacation: Name: Julia LeMense Huff Name: Marie Franchett Phone: (651) 223-6489 Phone: (651) 266-6702 Bci�gs and Huuaiug & Rcdcvclupuiccil Address: W2200 First National Bank Bldg Address: Authority of the City of St. Paid St. Paul, MN 55101 1400 City Hall Annex 25 West Fourth Street St. Paul, MN 55102 Alternate Contact Person- Name: Marie Franchett Name: Phone: See above] Phone: Address: Address: Name: Phone: Address: Vacation Guidelines 6'� ego\ Name: Phone: Address: Signatures of Owner(s)/Representative(s) of Property(ies) Below: , 1, , 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 Vacation Guidelines in the petition. Qcl Subscribed and sworn to before me this /1/ day of MARY C. ERICKSON tOVP�nv�f� 4 - NOTARY PUBUC-MINNESOTA - ; } MY COMPIISSION I ,2004 /1 1 • .. EXPIRES JAN.31,2005 I 72-714/l . Petitioner Notary My commission expires (<alt><f-10>vg) C l';". Tunnels in Saint Paul- all approved by permit 1) Twin Town Treatment 1706 University Avenue Under alley behind building. 2) Three Bears LLC 720 Payne Avenue Utility tunnel under Minnehaha between 720 & 722 Payne Avenue. 3) Hamline University 1536 Hewitt Avenue Utility tunnel crossing under Hewitt east of Asbury. 4) Minnesota Life 400 & 401 Robert Street North Pedestrian tunnel crossing under Robert Street between 400 & 401 Robert Street North. 5) State Of Minnesota 600 North Robert Street Pedestrian tunnel under vacated 13th Street between Robert Street&Jackson Street within a sewer easement area. 6) State of Minnesota 600 North Robert Street Pedestrian tunnel crossing under Robert Street near Columbus. 7) State of Minnesota 600 North Robert Street Pedestrian tunnel crossing under 14th Street, east of Robert Street North. 8) Allina Health Systems 333 Smith Avenue & 280 Smith Avenue Pedestrian tunnel under Smith Avenue from United Hospital to Medical Office building. 9) The Markham Company Tunnel crossing under West 7th Place from Hamm building to Saint Francis Hotel to Palace Theatre. 10) Macalester College Utility tunnel crossing under Macalester Street, north of Grand between 30 Macalester Street& 16 Cambridge Street. 11) J.L.T. Warehouse Ltd. Partnership Tunnel under Territorial Road between 2219 Territorial Road and 739 Vandalia Street. 12) Economics Laboratory Tunnel under 5th Street, east of Wabasha, between 360 North Wabasha Street and 9 East Fifth Street. 13) The Saint Paul Company Tunnel under 6th Street,west of Washington. 14) State of Minnesota Pedestrian tunnels University-Columbus-Cedar-Wabasha. 15) Golden Rule Building Under 7th Street. 16) Cedar Street Between 5th Street& 6th Street. 17) Pioneer Press Tunnel crossing under 4th Street at 55 & 63 east 4th Street. Return copy to: (e.c.) ORIGINAL Council File# ( . �d ` Real Estate Division 140 City Hall Green Sheet# ttO 3Z 7-`r RESOLUTION CITY •F SAINT PAUL, MIN ESOTA o �a Presented By 41,/ Referred To Committee: Date $:%\ &sloa,. 1 WHEREAS, as documented in the Real Estate Division's Vacation File Number 25-2001, the Housing and 2 Redevelopment Authority of the City of Saint Paul, on behalf of Atlantic Financial Group, has petitioned the 3 City of Saint Paul to vacate its interest in public property described as: 4 5 See Attached Exhibit A and 6 7 WHEREAS, representatives of the City of Saint Paul, Department of Public Works, having reviewed the 8 petition to vacate public property and having discussed the matter with the petitioner, have recommended that 9 the petition to vacate public property be denied as outlined in attached Exhibit B ; and 10 11 THEREFORE BE IT RESOLVED, that the said petition to vacate the public property described in Exhibit 12 "A" is hereby denied. Yeas Nays Absent Benanav f �` , *boa. =Blakey f _ le-q ✓ 1 Bostrom f Coleman ■■• Hams Lanni Reiter Adopted by Council: Date 0 . `Imo*a- Ado - n Certified by unciI S retary By: ya,41 Ap.. .y Ma'. Dar Yeas MT. Absent Benanav _ 1/ -- Requested by Department of: Blakey 1111 Technology & Management Services Bostrom Coleman ®/� / / 1i / Harris I Mil ✓ By: I Lantry Mei Director Reiter Form Approved by City Attorney _•11101 / / Adopted by Coun , : ►g ate lba#. ' ZOO.' ._ By: A I_�, i • . . A Adoption Certifi:• by C. •1 Secretary By: 1.-- Appro t, ►y Mayor for S smi >'o to •.uncil Approved by ■ ayor: Date � By: By: A �` .� d e as -401 EXHIBIT A Parcel I: That 30.00 foot wide sub-surface part of Fillmore Avenue, formerly Fourth Street and also formerly Water Street, lying between the elevations of 708.00 feet and 714.00 feet, sea level data, the center line of which is described as follows: Beginning at a point on the northwest line of Lot 1, Block 2,Riverview Office Addition 20.26 feet southwesterly of the northernmost corner of the said Lot 1; thence north 31 degrees 34 minutes 12 seconds West a distance of 70.00 feet to the southeast line of Lot 2, Block 1, said Riverview Office Addition, and there terminating. The sidelines of said Parcel I are to be prolonged or shortened to terminate at said northwest line of Lot 1 and said southeast line of Lot 2. Parcel II: That 20.00 foot wide sub-surface part of the said Fillmore Avenue lying between the elevations of 696.00 feet and 710.00 feet, sea level data, the center line of which is described as follows: Beginning at a point on the southeast line of Lot 2, Block 1, Riverview Office Addition 5.98 feet northeasterly of the southernmost corner of the said Lot 2; thence south 23 degrees 22 minutes 46 seconds East a distance of 70.30 feet; thence South 31 degrees 07 minutes 50 seconds East a distance of 41.34 feet and there terminating. The sidelines of said Parcel II are to be prolonged or shortened to terminate at the said southeast and southwest lines of the said Lot 2 and the northwest line of Lot 1, Block 2, said Riverview Office Addition. DEPARTMENT OF PUBLIC WORKS • • Robert Sandquist, Director d a -RD` EXHIBIT B SAINI L CITY OF SAINT PAUL 010114,UL 800 City Hall Annex Randy C. Kelly, Mayor 25 West Fourth Street Saint Paul, Minnesota 55102-1660 AAA* RECEIVED Phone:651-266-6150 Fax:651-298-4559 w 5 2n. To: Earl Carlson QEAL ESTATE DIV!Sto^i St. Paul Real Estate 140 City Hall From: Linda Murphy/1- " St. Paul Public Work 800 City Hall Annex Re: TMS File#25-2001 Subterranean vacations for US Bank's tunnel and storm line in Fillmore between Robert and Livingston Date: February 4, 2002 The Department of Public Works has completed a review of the above-referenced proposal and recommends their vacation request be denied. US Bank would like these areas vacated to accommodate an underground pedestrian tunnel and private storm line. The location and proposed construction of the tunnel and storm line have been approved by the Department of Public Works within the City's Site Plan Review process. We have no objection to their proposal and will gladly issue the necessary permits for their construction. But we strongly object to relinquishing our right-of-way to accommodate this, primarily because the vacation is unnecessary since the established procedure for approving these items is a sewer permit for the private storm line and an encroachment permit for the tunnel. Separate issues pertaining to the storm line are: 1) We have many private sewer lines in the public right-of-way. A permit from the Public Works Sewer Utility for a private storm line grants the property owner the authority to have their pipe in the public right-of-way. We have granted this authority via permit for all of the many private sewer facilities over the years. Never have we vacated the right-of-way to accomplish this. 2) The amount of area being requested for vacation is unrealistic compared to the size of the storm line. Responsive Services • Quality Facilities • Employee Pride Memo to E. Carlson on Vac.# 25-2001 -page 2 3) Even if the vacation area were reduced to a more realistic area, it would be setting a precedent which could have severe repercussions for the City and it's public right-of-way. The area beneath our public streets is becoming increasingly congested. This area is needed for existing and future public utilities. To relinquish our easement rights within the designated area of the right-of-way each time a property owner or business requests use of the right-of-way would soon leave little right-of-way left for public use. The issues regarding the vacation of the tunnel area are as follows: 1) Issue # 3, above, applies. Allowing a vacation for the tunnel opens the door for many other vacation requests, such as storm lines and other utility lines, which are inappropriate as vacations. 2) I have attached a list of tunnels in St. Paul, all of which are approved by permit. In the history of the City no tunnels have been approved by vacation of our right-of-way. We see no reason to deviate from the City's standard procedure of issuing a permit. lcm Attachment Copy: Bruce Elder, Right-of-Way Manager Roger Puchreiter, Sewer Manager Bob Sandquist, Director Al Shetka, City Engineer Lisa Veith, Assistant City Attorney SAINT ST. PAUL CITY COUNCIL MUM PUBLIC HEARING NOTICE Cg-9° STREET/ALLEY VACATION City Council Ward# 2 NANCY ANDERSON Planning District# 3 COUNCIL RESEARCH 310 CITY HALL File No. 25-2001 PURPOSE to consider a petition to vacate certain subterranean areas of Filmore Street between Robert Street and Livingston Avenue. Staff has submitted this petition with a recommendation that the vacation be denied. PETITIONER the Housing and Redevelopment Authority on behalf of Atlantic Financial Group HEARING The Council will conduct a public hearing on this vacation on Wednesday, September 25, 2002 in the Council Chambers on the third floor of City Hall. Public Hearings begin at 5:30 P.M. QUESTIONS Call 266-8850 and refer to the file number above. City staff will be available until 4:30 in Room 140 City Hall to answer any last- minute question on this project. MAP (attached) Notices sent by: Real Estate Division Dept. of Technology and Management Services Room 140 City Hall - Court House Saint Paul, Minnesota 55102 AA-ADA-EEO Employer `�aw\'V •- ' PROPOSED STORM SEWER VACATION ous,n.,, a.I&-..... FAX 932-B88-9126 OPUS NORTHWEST, L.L.C 0 0 • \ \\..�' _ ' . L J 11 /[-t J N. \ 11IVL-l1 VIL- rr r, ♦ '� . II- I ' 5::LriD G . •••• :;•1%•• z 100 sox FT.• . /C'::.:�`;•:..ti• ,�(t Q`q .' \10° • V....'iX: ':.':' \•' 1.-\ °-'1? \-C\ 1 / ' v O / J I ci / \ J' N _ .- \J � O / A Fl r%/1-//')A / BL'CC4/,.. �-) \ , i 11LiL / / IV/ V —\ \ A PRCP05:0 STORU SEWER EASEMENT PROPOSED PEDESTRIAN TUNNEL VACATION FAX: 9]2-t9-932G OPUS NORTHWEST, L,L.C \ \ , /%/1,:._/1 V/L_Yt r. // • \ \ \C"‘"?..,\CD- rya. * N.. C. O l' 11 / \ G7 \ .C4'‘.�3�a°�1 ' ci ' �r -., \ \\ c.). ., •, . \'1 \ 2 _L :11M::... ...... ...'''' L \ . ...) 1..%",...*:.;e?;... .„1:::: '' - ‘ (‘''',7 4 7 '• c \] ` L/1 i 1vL r' s• ue ,1 . . ,, *, per\\'.. �3 • . ...• , v ,f.., \...t\‘ • / fir/ e 0 ...., \ PROPOSED TUNNEL EASEMENT . .■r \S\INF 63-- ck P A U I. Interdepartmental Memorandum 9 CITY OF SAINT PAUL To: All Council Members • From: Peter White Right of Way Engineer 140 City Hall Date: August 23, 2002 Subject: TMS Department Vacation File No. 25-2001 I recommend a public hearing before the City Council be held on September 25,2002 to consider denying a petition to vacate subterranean right-of-way under Fillmore Street. The purpose of the vacation is to facilitate construction of a pedestrian tunnel and a private storm sewer. This property is located in City Council District 2, Planning District 3. The subject petition is in proper form and has been signed by the requisite number of property owners. 31 Ras9arch Center AUG 2 6 2002 (2501 date) Vacation Guidelines SAINT oa • •qO\ P A U L 1 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, do hereby petition the Council of the City of Saint Paul to vacate its interests in the property(ies) legally described as follows: See the attached Exhibit A I (we)request this vacation for the following reason(s). (Indicate whether you will be building on the site.) 1) Construction of a tunnel under Fillmore Avenue to connect U.S. Bank parking ramp to U.S. Bank office building. 2) Construction of a storm sewer under Fillmore Avenue. I(we)have attached six copies of the site plans of any development intended for construction on the lands to be vacated. Copies of site plans were delivered to City of Saint Paul Department of Public works by David Bangasser of Opus Northwest Contact Person Construction. Person(s) responsible for payment of vacation fee and for acceptance of the terms and conditions of the vacation: Name: Julia LeMense Huff Name: Marie Franchett Phone: (651) 223-6489 Phone: (651) 266-6702 B11jjJ dll�Molgdi1 HuuJlllg' & Rduvclupuicu1 Address: W7200 First National Bank Bldg Address: Authority of the City of St Paul St. Paul, MN 55101 1400 City Hall Annex 25 West Fourth Street St. Paul, MN 55102 Alternate Contact Person- Name: Marie Franchett Name: Phone: [See above] Phone: Address: Address: _ Name: Phone: Address: Vacation Guidelines 6'a-"°fit Name: Phone: Address: Signatures of Owner(s)/Representative(s) of Property(ies) Below: //', &* t, , 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 Vacation Guidelines in the petition. 011 cl,0 Subscribed and sworn to before me this /I/4day of ;' WRY C. ERICKSON I Os�P�ndL,� ' - NOTARY PUNIC-WNNESOTA 1 I MY COMMISSION I ,2004 I w «. ` (EXPIRES JAN.31,2005 7 / Petitioner Notary My commission expires (<a1V<f-10>vg) y Tunnels in Saint Paul- all approved by permit 1) Twin Town Treatment 1706 University Avenue Under alley behind building. 2) Three Bears LLC 720 Payne Avenue Utility tunnel under Minnehaha between 720 &722 Payne Avenue. 3) Hamline University 1536 Hewitt Avenue Utility tunnel crossing under Hewitt east of Asbury. 4) Minnesota Life 400 & 401 Robert Street North Pedestrian tunnel crossing under Robert Street between 400 &401 Robert Street North. 5) State Of Minnesota 600 North Robert Street Pedestrian tunnel under vacated 13th Street between Robert Street& Jackson Street within a sewer easement area. 6) State of Minnesota 600 North Robert Street Pedestrian tunnel crossing under Robert Street near Columbus. 7) State of Minnesota 600 North Robert Street Pedestrian tunnel crossing under 14th Street, east of Robert Street North. 8) Allina Health Systems 333 Smith Avenue &280 Smith Avenue Pedestrian tunnel under Smith Avenue from United Hospital to Medical Office building. 9) The Markham Company Tunnel crossing under West 7th Place from Hamm building to Saint Francis Hotel to Palace Theatre. 10) Macalester College Utility tunnel crossing under Macalester Street, north of Grand between 30 Macalester Street& 16 Cambridge Street. 11) J.L.T. Warehouse Ltd. Partnership Tunnel under Territorial Road between 2219 Territorial Road and 739 Vandalia Street. 4:1,1•""41/0 12) Economics Laboratory Tunnel under 5th Street, east of Wabasha, between 360 North Wabasha Street and 9 East Fifth Street. 13) The Saint Paul Company Tunnel under 6th Street,west of Washington. 14) State of Minnesota Pedestrian tunnels University-Columbus-Cedar-Wabasha. 15) Golden Rule Building Under 7th Street. 16) Cedar Street Between 5th Street& 6th Street. 17) Pioneer Press Tunnel crossing under 4th Street at 55 & 63 east 4th Street. ,r r Return copy to: (e.c.) ORIGINAL 4 Council File# (s• , Real Estate Division 140 City Hall Green Sheet# l 7-7 RESOLUTION CITY •F SAINT PAUL, MIN ESOTA Presented By Referred To Committee: Date %`a s to k d. 1 WHEREAS, as documented in the Real Estate Division's Vacation File Number 25-2001, the Housing and 2 Redevelopment Authority of the City of Saint Paul, on behalf of Atlantic Financial Group, has petitioned the 3 City of Saint Paul to vacate its interest in public property described as: 4 s See Attached Exhibit A and 6 7 WHEREAS, representatives of the City of Saint Paul, Department of Public Works, having reviewed the 8 petition to vacate public property and having discussed the matter with the petitioner, have recommended that 9 the petition to vacate public property be denied as outlined in attached Exhibit B ; and 10 11 THEREFORE BE IT RESOLVED, that the said petition to vacate the public property described in Exhibit 12 "A" is hereby denied. Yea. Nays Absent Benanav % ` O , a �Oa _Blakey Bostrom h/ Coleman 1 t/� Hams tow- 4 Lantry 1 � S Reiter 9J Adopted by Council: Date 0 a'.Z .C • Ado - n Certified by .until S retary 1 Ap.y .y Mat. Dar 1'j /1 BA, Yeas /WM Absent Benanav _ Requested by Department of: Blakey V w•• Technology & Management Services Bostrom Coleman Harris -1 1/' By: C7,-} 10e/L- Lantry \ P Director Reiter Form Approved by City Attorney # I Adopted by Coun - : ►g ate Ablut . '�S 3 o CO� By: _ a I ! / A . . Adoption Certifi=• by C. n 1 Secretary By: 'IN . Appro Mayor for S o to •until / 4 Approved by ) ayor: Date Alt By: By: . �1 . I �/ • t as el.o EXHIBIT A Parcel I: That 30.00 foot wide sub-surface part of Fillmore Avenue, formerly Fourth Street and also formerly Water Street, lying between the elevations of 708.00 feet and 714.00 feet, sea level data, the center line of which is described as follows: Beginning at a point on the northwest line of Lot 1,Block 2,Riverview Office Addition 20.26 feet southwesterly of the northernmost corner of the said Lot 1; thence north 31 degrees 34 minutes 12 seconds West a distance of 70.00 feet to the southeast line of Lot 2, Block 1, said Riverview Office Addition, and there terminating. The sidelines of said Parcel I are to be prolonged or shortened to terminate at said northwest line of Lot 1 and said southeast line of Lot 2. Parcel II: That 20.00 foot wide sub-surface part of the said Fillmore Avenue lying between the elevations of 696.00 feet and 710.00 feet, sea level data, the center line of which is described as follows: Beginning at a point on the southeast line of Lot 2, Block 1, Riverview Office Addition 5.98 feet northeasterly of the southernmost corner of the said Lot 2; thence south 23 degrees 22 minutes 46 seconds East a distance of 70.30 feet; thence South 31 degrees 07 minutes 50 seconds East a distance of 41.34 feet and there terminating. The sidelines of said Parcel II are to be prolonged or shortened to terminate at the said southeast and southwest lines of the said Lot 2 and the northwest line of Lot 1, Block 2, said Riverview Office Addition. • DEPARTMENT OF PUBLIC WORKS • Robert Sandquist, Director a 'e A D r EXHIBIT B s PAUL CITY OF SAINT PAUL Alf 800 City Hall Annex Randy C. Kelly, Mayor 25 West Fourth Street Saint Paul,Minnesota 55102-1660 MANIA RECEIVED Phone:651-266-6150 Fax:651-298-4559 To: Earl Carlson REAL ESTATE DIVMStCPt St. Paul Real Estate 140 City Hall From: Linda MurphyPYL St. Paul Public Work 800 City Hall Annex Re: TMS File#25-2001 Subterranean vacations for US Bank's tunnel and storm line in Fillmore between Robert and Livingston Date: February 4, 2002 The Department of Public Works has completed a review of the above-referenced proposal and recommends their vacation request be denied. US Bank would like these areas vacated to accommodate an underground pedestrian tunnel and private storm line. The location and proposed construction of the tunnel and storm line have been approved by the Department of Public Works within the City's Site Plan Review process. We have no objection to their proposal and will gladly issue the necessary permits for their construction. But we strongly object to relinquishing our right-of-way to accommodate this, primarily because the vacation is unnecessary since the established procedure for approving these items is a sewer permit for the private storm line and an encroachment permit for the tunnel. Separate issues pertaining to the storm line are: 1) We have many private sewer lines in the public right-of-way. A permit from the Public Works Sewer Utility for a private storm line grants the property owner the authority to have their pipe in the public right-of-way. We have granted this authority via permit for all of the many private sewer facilities over the years. Never have we vacated the right-of-way to accomplish this. 2) The amount of area being requested for vacation is unrealistic compared to the size of the storm line. Responsive Services • Quality Facilities • Employee Pride Memo to E. Carlson on Vac.# 25-2001 -page 2 3) Even if the vacation area were reduced to a more realistic area, it would be setting a precedent which could have severe repercussions for the City and it's public right-of-way. The area beneath our public streets is becoming increasingly congested. This area is needed for existing and future public utilities. To relinquish our easement rights within the designated area of the right-of-way each time a property owner or business requests use of the right-of-way would soon leave little right-of-way left for public use. The issues regarding the vacation of the tunnel area are as follows: 1) Issue# 3, above, applies. Allowing a vacation for the tunnel opens the door for many other vacation requests, such as storm lines and other utility lines, which are inappropriate as vacations. 2) I have attached a list of tunnels in St. Paul, all of which are approved by permit. In the history of the City no tunnels have been approved by vacation of our right-of-way. We see no reason to deviate from the City's standard procedure of issuing a permit. lcm Attachment Copy: Bruce Elder, Right-of-Way Manager Roger Puchreiter, Sewer Manager Bob Sandquist, Director Al Shetka, City Engineer Lisa Veith, Assistant City Attorney I�SAIU NT ST. PAUL CITY COUNCIL *AAA PUBLIC HEARING NOTICE STREET/ALLEY VACATION City Council Ward# 2 NANCY ANDERSON Planning District# 3 COUNCIL RESEARCH 310 CITY HALL File No. 25-2001 PURPOSE to consider a petition to vacate certain subterranean areas of Filmore Street between Robert Street and Livingston Avenue. Staff has submitted this petition with a recommendation that the vacation be denied. PETITIONER the Housing and Redevelopment Authority on behalf of Atlantic Financial Group HEARING The Council will conduct a public hearing on this vacation on Wednesday, September 25, 2002 in the Council Chambers on the third floor of City Hall. Public Hearings begin at 5:30 P.M. QUESTIONS Call 266-8850 and refer to the file number above. City staff will be available until 4:30 in Room 140 City Hall to answer any last- minute question on this project. MAP (attached) Notices sent by: Real Estate Division Dept. of Technology and Management Services Room 140 City Hall - Court House Saint Paul, Minnesota 55102 AA-ADA-EEO Employer ,y> :"F; PROPOSED STORM SEWER VACATION FAX: 9S2-BBB-9326 OPUS NORTHWEST, L.L.C, a - o\ LX) \\..'' ^ �" •i/r-IA, \ ,1 it-�� \ I�l vL:l vIL_ rr • r �.0,r �\ �,:;a' I .•1 .73 ti/ I C / •`L/I .:.;'r i/ STS Dw�4 �\ I 4\;'.F� Gtrc d T 3 tvil,'N6 ••y Y Z l00 Sa FT. /� /1�-['I/ r^ .0/ ��,.. :\1... S5'16 a ii P \ $% r' o;"ey � . � g \ L ' 6` / \ �', A nnI I Al BBL.,,, �� \\ ' nLlLIIIIv, V --\ \ PROPOS"D STOR`.I SEWER EASEI1ENT PROPOSED PEDESTRIAN TUNNEL VACATION .„,mn.:i: Y]4-EOI-L10] --•w......�.�.�.. .•.�•v..-vv•v . v. . FAX. 932-638-9326 OPUS NORTHWEST, Z.L.C. I\IVL_Il v/r_rr n ��N..-\ A\,:._..\,....:.____.... \,-....,- ,....., ... i 0' .%,' ' d�^ 4 \ �,' i / l. e. : \ \ \-' \ , ,,„A,:,.. ... Li ,) rw-).\.. \ . T.7 c ;!'•.' \\ ^f'f-r/.f- V ?r'•-. \,57,\O'er\':4 `L / / J �� �rj� �, \ p \ A nnlrFOAI '�/ �� ; iJ ` \ o \ n[nn rlyrr FROPOSEO TUNNEL,EASEUENT SAINT 6 a- cko\ P U I. 04, Interdepartmental Memorandum 9 AMA CITY OF SAINT PAUL To: All Council Members From: Peter White Right of Way Engineer 140 City Hall Date: August 23, 2002 Subject: TMS Department Vacation File No. 25-2001 I recommend a public hearing before the City Council be held on September 25,2002 to consider denying a petition to vacate subterranean right-of-way under Fillmore Street. The purpose of the vacation is to facilitate construction of a pedestrian tunnel and a private storm sewer. This property is located in City Council District 2, Planning District 3. The subject petition is in proper form and has been signed by the requisite number of property owners. . lSgarch Center AUG 2 $ 2002 (2501 date) • Vacation Guidelines SAINT O _�O\ PAUL a Alt AAA* PETITION TO VACATE CITY INTEREST I (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 the attached Exhibit A I(we)request this vacation for the following reason(s). (Indicate whether you will be building on the site.) 1) Construction of a tunnel under Fillmore Avenue to connect U.S. Bank parking ramp to U.S. Bank office building. 2) Construction of a storm sewer under Fillmore Avenue. I(we)have attached six copies of the site plans of any development intended for construction on the lands to be vacated. Copies of site plans were delivered to City of Saint Paul Department of Public works by David Bangasser of Opus Northwest Contact Person Construction. Person(s) responsible for payment of vacation fee and for acceptance of the terms and conditions of the vacation: Name: Julia LeMense Huff Name: Marie Franchett Phone: (651) 223-6489 Phone: (651) 266-6702 acid HuLk6ing & RGIikv 1VIJ1iiGlit Address: W2200 First National Bank Bldg Address: Authority of the City of St Paul St. Paul, MN 55101 1400 City Hall Annex 25 West Fourth Street St. Paul, MN 55102 Alternate Contact Person- Name: Marie Franchett Name: Phone: See above] Phone: Address: Address: _ Name: Phone: Address: Vacation Guidelines Name: Phone: Address: • Signatures of Owner(s)/Representative(s) of Property(ies) Below: 1, , 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 Vacation Guidelines in the petition. Q‘).. c1/0 Subscribed and sworn to before me this ji/ day of MARY C. ERICKSON IOs�Psn��t� NOTARY PUBIJC-MINNESOTA r 1 ;�� MY COMMISSION I ,2004 EXPIRES JAN.31,2005 �/J / , / ert J j t- Petitioner Notary My commission expires (<alt><f-10>vg) 1,01 Tunnels in Saint Paul- all approved by permit 1) Twin Town Treatment 1706 University Avenue Under alley behind building. 2) Three Bears LLC 720 Payne Avenue Utility tunnel under Minnehaha between 720 & 722 Payne Avenue. 3) Hamline University 1536 Hewitt Avenue Utility tunnel crossing under Hewitt east of Asbury. 4) Minnesota Life 400 &401 Robert Street North Pedestrian tunnel crossing under Robert Street between 400 &401 Robert Street North. 5) State Of Minnesota 600 North Robert Street Pedestrian tunnel under vacated 13th Street between Robert Street& Jackson Street within a sewer easement area. 6) State of Minnesota 600 North Robert Street Pedestrian tunnel crossing under Robert Street near Columbus. 7) State of Minnesota 600 North Robert Street Pedestrian tunnel crossing under 14th Street, east of Robert Street North. 8) Allina Health Systems 333 Smith Avenue &280 Smith Avenue Pedestrian tunnel under Smith Avenue from United Hospital to Medical Office building. 9) The Markham Company Tunnel crossing under West 7th Place from Hamm building to Saint Francis Hotel to Palace Theatre. 10) Macalester College Utility tunnel crossing under Macalester Street, north of Grand between 30 Macalester Street& 16 Cambridge Street. 11) J.L.T. Warehouse Ltd. Partnership Tunnel under Territorial Road between 2219 Territorial Road and 739 Vandalia Street. Qo1-•-`i3O 12) Economics Laboratory Tunnel under 5th Street, east of Wabasha, between 360 North Wabasha Street and 9 East Fifth Street. 13) The Saint Paul Company Tunnel under 6th Street, west of Washington. 14) State of Minnesota Pedestrian tunnels University-Columbus-Cedar-Wabasha. 15) Golden Rule Building Under 7th Street. 16) Cedar Street Between 5th Street& 6th Street. 17) Pioneer Press Tunnel crossing under 4th Street at 55 & 63 east 4th Street. Return copy to: (e.c.) ORIGINAL ,siaL.,_,Council File# d Real Estate Division 140 City Hall Green Sheet# tto 31�-7 RESOLUTION CITY •F SAINT PAUL, MIN ESOTA , 44 Presented By 10/ / - /_ • Referred To Committee: Date i0a ., ..i■,. °■\as to a, a. 1 '\ .t • i WHEREAS, as documented in the Real Estate Division's Vacation File Number 25-2001, the Housing and 2 Redevelopment Authority of the City of Saint Paul, on behalf of Atlantic Financial Group, has petitioned the 3 City of Saint Paul to vacate its interest in public property described as: 4 5 See Attached Exhibit A and 6 7 WHEREAS, representatives of the City of Saint Paul, Department of Public Works, having reviewed the 8 petition to vacate public property and having discussed the matter with the petitioner, have recommended that 9 the petition to vacate public property be denied as outlined in attached Exhibit B ; and 10 11 THEREFORE BE IT RESOLVED, that the said petition to vacate the public property described in Exhibit 12 "A" is hereby denied. _ Yea Nays Absent 1 Benanav I - Blakey I KK , `_ O �• 20 �Oa Bostmm 1�r Coleman Hams 9 �i HLan ry 1/...j Reiter i Adopted by Council: Date 0 i.Z t C0 Ado -•n Certified by uncil S=retary Ap.ry Ma Dar _ ��- B �T�� �� _ Yeas WWI Absent Benanav _ ✓ -- Requested by Depaltnient of: Blakey ,/ 1111 Technology & Management Services Bostrom � Coleman 1E1 / / 'i Harris ' .1 I.- By: L if ' Lantry MIMI Director Reiter WAN Form Approved by City Attorney - ..— / / / / Adopted by Coun : ►'ate '.. y 10 01 By: _ A A 1 1..1.i / I . A A Adoption Certifi=• by C• 1 Secretary By: ` �� _ Appro -c a Mayor for S .mi ,'o to •,uncil / Approved by ■ ayor: Date 4 By: By: /. /1 A 4 e EXHIBIT A Parcel I: That 30.00 foot wide sub-surface part of Fillmore Avenue, formerly Fourth Street and also formerly Water Street, lying between the elevations of 708.00 feet and 714.00 feet, sea level data, the center line of which is described as follows: Beginning at a point on the northwest line of Lot 1, Block 2,Riverview Office Addition 20.26 feet southwesterly of the northernmost corner of the said Lot 1; thence north 31 degrees 34 minutes 12 seconds West a distance of 70.00 feet to the southeast line of Lot 2, Block 1, said Riverview Office Addition, and there terminating. The sidelines of said Parcel I are to be prolonged or shortened to terminate at said northwest line of Lot 1 and said southeast line of Lot 2. Parcel II: That 20.00 foot wide sub-surface part of the said Fillmore Avenue lying between the elevations of 696.00 feet and 710.00 feet, sea level data, the center line of which is described as follows: Beginning at a point on the southeast line of Lot 2, Block 1, Riverview Office Addition 5.98 feet northeasterly of the southernmost corner of the said Lot 2; thence south 23 degrees 22 minutes 46 seconds East a distance of 70.30 feet; thence South 31 degrees 07 minutes 50 seconds East a distance of 41.34 feet and there terminating. The sidelines of said Parcel II are to be prolonged or shortened to terminate at the said southeast and southwest lines of the said Lot 2 and the northwest line of Lot 1, Block 2, said Riverview Office Addition. DEPARTMENT OF PUBLIC WORKS • Robert Sandquist, Director a 'e .. D EXHIBIT B s n "` CITY OF SAINT PAUL P A U L 800 City Hall Annex Randy C. Kelly, Mayor 25 West Fourth Street Saint Paul,Minnesota 55102-1660 AAAA RECEIVED Phone:651-266-6150 Fax:651-298-4559 c� 05 ?J ' To: Earl Carlson REAL ESTATE Q!�!S!C?s St. Paul Real Estate 140 City Hall From: Linda Murphy C1C1 St. Paul Public Work 800 City Hall Annex Re: TMS File# 25-2001 Subterranean vacations for US Bank's tunnel and storm line in Fillmore between Robert and Livingston Date: February 4, 2002 The Department of Public Works has completed a review of the above-referenced proposal and recommends their vacation request be denied. US Bank would like these areas vacated to accommodate an underground pedestrian tunnel and private storm line. The location and proposed construction of the tunnel and storm line have been approved by the Department of Public Works within the City's Site Plan Review process. We have no objection to their proposal and will gladly issue the necessary permits for their construction. But we strongly object to relinquishing our right-of-way to accommodate this, primarily because the vacation is unnecessary since the established procedure for approving these items is a sewer permit for the private storm line and an encroachment permit for the tunnel. Separate issues pertaining to the storm line are: 1) We have many private sewer lines in the public right-of-way. A permit from the Public Works Sewer Utility for a private storm line grants the property owner the authority to have their pipe in the public right-of-way. We have granted this authority via permit for all of the many private sewer facilities over the years. Never have we vacated the right-of-way to accomplish this. 2) The amount of area being requested for vacation is unrealistic compared to the size of the storm line. Responsive Services • Quality Facilities • Employee Pride Memo to E. Carlson on Vac.# 25-2001 -page 2 3) Even if the vacation area were reduced to a more realistic area, it would be setting a precedent which could have severe repercussions for the City and it's public right-of-way. The area beneath our public streets is becoming increasingly congested. This area is needed for existing and future public utilities. To relinquish our easement rights within the designated area of the right-of-way each time a property owner or business requests use of the right-of-way would soon leave little right-of-way left for public use. The issues regarding the vacation of the tunnel area are as follows: 1) Issue# 3, above, applies. Allowing a vacation for the tunnel opens the door for many other vacation requests, such as storm lines and other utility lines, which are inappropriate as vacations. 2) I have attached a list of tunnels in St. Paul, all of which are approved by permit. In the history of the City no tunnels have been approved by vacation of our right-of-way. We see no reason to deviate from the City's standard procedure of issuing a permit. lcm Attachment Copy: Bruce Elder, Right-of-Way Manager Roger Puchreiter, Sewer Manager Bob Sandquist, Director Al Shetka, City Engineer Lisa Veith, Assistant City Attorney SAINT U L ST. PAUL CITY COUNCIL AMA PUBLIC HEARING NOTICE (9'c).- 90 STREET/ALLEY VACATION City Council Ward# 2 NANCY ANDERSON Planning District# 3 COUNCIL RESEARCH 310 CITY HALL File No. 25-2001 PURPOSE to consider a petition to vacate certain subterranean areas of Filmore Street between Robert Street and Livingston Avenue. Staff has submitted this petition with a recommendation that the vacation be denied. PETITIONER the Housing and Redevelopment Authority on behalf of Atlantic Financial Group HEARING The Council will conduct a public hearing on this vacation on Wednesday, September 25, 2002 in the Council Chambers on the third floor of City Hall. Public Hearings begin at 5:30 P.M. QUESTIONS Call 266-8850 and refer to the file number above. City staff will be available until 4:30 in Room 140 City Hall to answer any last- minute question on this project. MAP (attached) Notices sent by: Real Estate Division Dept. of Technology and Management Services Room 140 City Hall - Court House Saint Paul, Minnesota 55102 AA-ADA-EEO Employer ,`' PROPOSED STORM SEWER VACATION FAX: 92-aaa-9526 OPUS NORTHWEST, L. .C. ,�o • 1I irk/t ic_ rr N. \ / 1/ VL_I1 v/LrY N . . ' ' 1 O / t`'L.•"]._ •? \�'; ' / PAD / `"'I • ;'y / srcpsl s£wFa \—C\ I .• •• J.:.•• A 100 sQ FT. N PPCPC-E '� :J�yJ .\ as ,, // A 11,, -rG Lam^ C�1 V•,. A.-NJ• .\ :'%._ ,- \ tG`n,./ i - / P -I- \ \ '/ A nn/T/nAI �B4'44Uic C� 1 \ i n L/[// I /LJ I V —\ \ A PZO°OS'D 5 ORU SEWER EASEMENT PROPOSED PEDESTRIAN TUNNEL VACATION tlJ:nIst: Y]4-Col-VO] -""""""`�"•' "�•vv vvry v. . FAX: 952-n1-H52fi OPUS NORTHWEST, L.L.C. \ \C"'" Ce:'`Z, .-. N e • • \\\)\ \A --..T.. '`'...* , C,A0 Li,' r :): � E \'k's \ n51. _L il ni:.1... .... ./." it 'r l (\:;.,:•:'1'.. ' ‘t r•tr-r-Iiar- / �/ �- / �- Li .... ,,..0,0 -s.sirs,-/-') \.ya '::.4... 1 dr V \J\ \ in // ) I� J ' ' \ nvL/II v - aJ` \ \ / �'rtpt \ PROPOSED TUNNEL EASELIENT SAINT O\ P A U I. Interdepartmental Memorandum 9 AAAA CITY OF SAINT PAUL To: All Council Members From: Peter White Right of Way Engineer 140 City Hall Date: August 23, 2002 Subject: TMS Department Vacation File No. 25-2001 I recommend a public hearing before the City Council be held on September 25,2002 to consider denying a petition to vacate subterranean right-of-way under Fillmore Street. The purpose of the vacation is to facilitate construction of a pedestrian tunnel and a private storm sewer. This property is located in City Council District 2, Planning District 3. The subject petition is in proper form and has been signed by the requisite number of property owners. Cara F1,osaarch Center AUG 2 6 2002 (2501 date) • Vacation Guidelines SAINT 0 a P A U L L 4 *AAA • PETITION TO VACATE CITY INTEREST I (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 the attached Exhibit A I(we)request this vacation for the following reason(s). (Indicate whether you will be building on the site.) 1) Construction of a tunnel under Fillmore Avenue to connect U.S. Bank parking ramp to U.S. Bank office building. 2) Construction of a storm sewer under Fillmore Avenue. I(we)have attached six copies of the site plans of any development intended for construction on the lands to be vacated. Copies of site plans were delivered to City of Saint Paul Department of Public works by David Bangasser of Opus Northwest Contact Person Construction. Person(s) responsible for payment of vacation fee and for acceptance of the terms and conditions of the vacation: Name: Julia LeMense Huff Name: Marie Franchett Phone: (651) 223-6489 Phone: (651) 266-6702 B1.1�:5'6 and Muigau IluuSiug & Rcdcvuluputcut Address: W2?00 First National Bank RIc. Address: Authority of the City of St Paul St. Paul, MN 55101 1400 City Hall Annex 25 West Fourth Street St. Paul, MN 55102 Alternate Contact Person- Name: Marie Franchett Name: Phone: LSee above) Phone: Address: Address: Name: Phone: Address: Vacation Guidelines b.;,"cko Name: Phone: Address: Signatures of Owner(s)/Representative(s) of Property(ies) Below: /w* i, , 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 • Vacation Guidelines in the petition. O -"cV0 Subscribed and sworn to before me this ji/ilday of e MARY C. ERICKSON NOTARYPISIJC-WMESOTA I MY COMMISSION I , 2001 /' EXPIRES JAN.31,2005 I l Petitioner Notary My commission expires (<alt><f-l0>vg) t + Tunnels in Saint Paul- all approved by permit 1) Twin Town Treatment 1706 University Avenue Under alley behind building. 2) Three Bears LLC 720 Payne Avenue Utility tunnel under Minnehaha between 720 &722 Payne Avenue. 3) Hamline University 1536 Hewitt Avenue Utility tunnel crossing under Hewitt east of Asbury. 4) Minnesota Life 400 & 401 Robert Street North Pedestrian tunnel crossing under Robert Street between 400 &401 Robert Street North. 5) State Of Minnesota 600 North Robert Street Pedestrian tunnel under vacated 13th Street between Robert Street& Jackson Street within a sewer easement area. 6) State of Minnesota 600 North Robert Street Pedestrian tunnel crossing under Robert Street near Columbus. 7) State of Minnesota 600 North Robert Street Pedestrian tunnel crossing under 14th Street, east of Robert Street North. 8) Allina Health Systems 333 Smith Avenue &280 Smith Avenue Pedestrian tunnel under Smith Avenue from United Hospital to Medical Office building. 9) The Markham Company Tunnel crossing under West 7th Place from Hamm building to Saint Francis Hotel to Palace Theatre. 10) Macalester College Utility tunnel crossing under Macalester Street, north of Grand between 30 Macalester Street& 16 Cambridge Street. 11) J.L.T. Warehouse Ltd. Partnership Tunnel under Territorial Road between 2219 Territorial Road and 739 Vandalia Street. Qo1-,-9,o 12) Economics Laboratory Tunnel under 5th Street, east of Wabasha, between 360 North Wabasha Street and 9 East Fifth Street. 13) The Saint Paul Company Tunnel under 6th Street,west of Washington. 14) State of Minnesota Pedestrian tunnels University-Columbus-Cedar-Wabasha. 15) Golden Rule Building Under 7th Street. 16) Cedar Street Between 5th Street& 6th Street. 17) Pioneer Press Tunnel crossing under 4th Street at 55 & 63 east 4th Street. Return copy to: (e.c.) ORIGINAL Council File# Real Estate Division 140 City Hall Green Sheet# go 3Z 7-7 RESOLUTION CITY • F SAINT PAUL, MIN ESOTA Presented By Referred To Committee: Date \ lo a, 6.. .1 k o 'i•10 1 WHEREAS, as documented in the Real Estate Division's Vacation File Number 25-2001, the Housing and 2 Redevelopment Authority of the City of Saint Paul, on behalf of Atlantic Financial Group, has petitioned the 3 City of Saint Paul to vacate its interest in public property described as: 4 5 See Attached Exhibit A and 6 7 WHEREAS, representatives of the City of Saint Paul, Department of Public Works, having reviewed the 8 petition to vacate public property and having discussed the matter with the petitioner, have recommended that 9 the petition to vacate public property be denied as outlined in attached Exhibit B ; and 10 11 THEREFORE BE IT RESOLVED, that the said petition to vacate the public property described in Exhibit 12 "A" is hereby denied. Yeas J Nays_, Absent ' �` Benanav ``__ OJ, _ -_V -, --- '' . Blakey J- - -- r Bostrom Coleman L Hams os -- -- � r i 2 Reiter Adopted by Council: Date 0 . `'&pp a. Ado n Certified by .until S rotary By: ya4 — ---- - -------, Ap•� •y Ma . Dar ., - - BPi _ .r` 1T1I 1r,,.. __ Yeas .WM" Absent Benanav _ 1/ -- Requested by Depai anent of: Blakey ,/ Technology & Management Services Bostrom Coleman Harris t/ By: .g/■ 10,1 --- Lantry Director Reiter kV= Form Approved by City Attorney —..=111 / / Adopted by Coun : ►'ate . '.%, 1007.._ By: _ a A 1 Li..I. / Adoption Certifi.• by C• n 1 Secretary By: ,� _ _ - Appro - ,y Mayor for S •mi >*o to uncil Approved by ayor: Date 14/ By: By: / ' e as - 41.01 EXHIBIT A Parcel I: That 30.00 foot wide sub-surface part of Fillmore Avenue, formerly Fourth Street and also formerly Water Street, lying between the elevations of 708.00 feet and 714.00 feet, sea level data, the center line of which is described as follows: Beginning at a point on the northwest line of Lot 1, Block 2, Riverview Office Addition 20.26 feet southwesterly of the northernmost corner of the said Lot 1; thence north 31 degrees 34 minutes 12 seconds West a distance of 70.00 feet to the southeast line of Lot 2, Block 1, said Riverview Office Addition, and there terminating. The sidelines of said Parcel I are to be prolonged or shortened to terminate at said northwest line of Lot 1 and said southeast line of Lot 2. Parcel II: That 20.00 foot wide sub-surface part of the said Fillmore Avenue lying between the elevations of 696.00 feet and 710.00 feet, sea level data, the center line of which is described as follows: Beginning at a point on the southeast line of Lot 2, Block 1, Riverview Office Addition 5.98 feet northeasterly of the southernmost corner of the said Lot 2; thence south 23 degrees 22 minutes 46 seconds East a distance of 70.30 feet; thence South 31 degrees 07 minutes 50 seconds East a distance of 41.34 feet and there terminating. The sidelines of said Parcel II are to be prolonged or shortened to terminate at the said southeast and southwest lines of the said Lot 2 and the northwest line of Lot 1, Block 2, said Riverview Office Addition. DEPARTMENT OF PUBLIC WORKS • • Robert Sandquist, Director as -go` EXHIBIT B s A`) CITY OF SAINT PAUL P U L L 01141 800 City Hall Annex Randy C. Kelly, Mayor 25 West Fourth Street Saint Paul,Minnesota 55102-1660 AM=: j ECE«E=' Phone:651-266-6150 Fax:651-298-4559 To: Earl Carlson AL ESTATE����Sw St. Paul Real Estate 140 City Hall From: Linda MurphyPYL St. Paul Public Work 800 City Hall Annex Re: TMS File# 25-2001 Subterranean vacations for US Bank's tunnel and storm line in Fillmore between Robert and Livingston Date: February 4, 2002 The Department of Public Works has completed a review of the above-referenced proposal and recommends their vacation request be denied. US Bank would like these areas vacated to accommodate an underground pedestrian tunnel and private storm line. The location and proposed construction of the tunnel and storm line have been approved by the Department of Public Works within the City's Site Plan Review process. We have no objection to their proposal and will gladly issue the necessary permits for their construction. But we strongly object to relinquishing our right-of-way to accommodate this, primarily because the vacation is unnecessary since the established procedure for approving these items is a sewer permit for the private storm line and an encroachment permit for the tunnel. Separate issues pertaining to the storm line are: 1) We have many private sewer lines in the public right-of-way. A permit from the Public Works Sewer Utility for a private storm line grants the property owner the authority to have their pipe in the public right-of-way. We have granted this authority via permit for all of the many private sewer facilities over the years. Never have we vacated the right-of-way to accomplish this. 2) The amount of area being requested for vacation is unrealistic compared to the size of the storm line. Responsive Services • Quality Facilities • Employee Pride 6a -ao\ Memo to E. Carlson on Vac.# 25-2001 -page 2 3) Even if the vacation area were reduced to a more realistic area, it would be setting a precedent which could have severe repercussions for the City and it's public right-of-way. The area beneath our public streets is becoming increasingly congested. This area is needed for existing and future public utilities. To relinquish our easement rights within the designated area of the right-of-way each time a property owner or business requests use of the right-of-way would soon leave little right-of-way left for public use. The issues regarding the vacation of the tunnel area are as follows: 1) Issue# 3, above, applies. Allowing a vacation for the tunnel opens the door for many other vacation requests, such as storm lines and other utility lines, which are inappropriate as vacations. 2) I have attached a list of tunnels in St. Paul, all of which are approved by permit. In the history of the City no tunnels have been approved by vacation of our right-of-way. We see no reason to deviate from the City's standard procedure of issuing a permit. lcm Attachment Copy: Bruce Elder, Right-of-Way Manager Roger Puchreiter, Sewer Manager Bob Sandquist, Director Al Shetka, City Engineer Lisa Veith, Assistant City Attorney S:\IUNT I� L ST. PAUL CITY COUNCIL AAAA PUBLIC HEARING NOTICE ,C;c4-9° STREET/ALLEY VACATION City Council Ward# 2 NANCY ANDERSON Planning District# 3 COUNCIL RESEARCH 310 CITY HALL File No. 25-2001 PURPOSE to consider a petition to vacate certain subterranean areas of Filmore Street between Robert Street and Livingston Avenue. Staff has submitted this petition with a recommendation that the vacation be denied. PETITIONER the Housing and Redevelopment Authority on behalf of Atlantic Financial Group HEARING The Council will conduct a public hearing on this vacation on Wednesday, September 25, 2002 in the Council Chambers on the third floor of City Hall. Public Hearings begin at 5:30 P.M. QUESTIONS Call 266-8850 and refer to the file number above. City staff will be available until 4:30 in Room 140 City Hall to answer any last- minute question on this project. MAP (attached) Notices sent by: Real Estate Division Dept. of Technology and Management Services Room 140 City Hall - Court House Saint Paul, Minnesota 55102 AA-ADA-EEO Employer ''►' PROPOSED STORM SEWER VACATION ouvn•er. a4<-w.- FAX: 932-3a3-9326 OPUS NORTHWEST, L.L.C. 0,3-- o\ \ L) \.,v _ .- . 1)l V L_l 1 V l L_ Y Y • ` / • 11-- • • 1 O 'WIC alit- .. y;i.{, , . Z WO S0. FT. `O ' `y. ,�O+ ` '0� $N..x°'X a� Cn , 1:\ ....„.7..,::,5.5 "..... "V.::::::::\-.1:1/4'.,'.....—-- "' \‘ ‘t-"N ---s\ \, � _) . .1, ,' o� / i ....' Ann/7-I.--1 A l �B�`<CU/C �� \\ A r1UL// / /LI/ v --\ \ PROPO5 D sToRv SEV/ER EASNENT PROPOSED PEDESTRIAN TUNNEL VACATION ',N::..": v i-COI-L•0] �-"'�""••�"•�" ^'•v..vv•v —4 FAX: 9]2- 33-9526 OPUS NORTHWEST, .1..1.0 \ \ , I‘IVL_lvV/�Y/ , ,� • \\ \OD \Not �`g + , J, • • �` N. �\çJ8 4.\�' cf �h (...") \ \ ' ' c9`� G � ' �7, C ^ ,.> � „. • /, N ` 7 4.... ....\ \O V/ / /vL .11// / ' b f \ 1..k,. ) .L7 f \ T r/-' L .' ,...\0 F)).1 1 .. V7 .''.." ‘ ..... '......\ ,in,,,,,,,c.,„ \ \ ‘1.\ % ,./", , \\.........<„,.....),ct PROPOS-cO TUNNEL EASELIENT . SAINT 6 a- c‘0\ P AUI. Interdepartmental Memorandum 9 AMA CITY OF SAINT PAUL To: All Council Members From: Peter White Right of Way Engineer 140 City Hall Date: August 23, 2002 Subject: TMS Department Vacation File No. 25-2001 I recommend a public hearing before the City Council be held on September 25,2002 to consider denying a petition to vacate subterranean right-of-way under Fillmore Street. The purpose of the vacation is to facilitate construction of a pedestrian tunnel and a private storm sewer. This property is located in City Council District 2, Planning District 3. The subject petition is in proper form and has been signed by the requisite number of property owners. Cc Res arch C,nter AUG 2 6 2002 (2501 date) • Vacation Guidelines SAINT 0a. -QO\ PAUL 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,do hereby petition the Council of the City of Saint Paul to vacate its interests in the property(ies) legally described as follows: See the attached Exhibit A I (we)request this vacation for the following reason(s). (Indicate whether you will be building on the site.) 1) Construction of a tunnel under Fillmore Avenue to connect U.S. Bank parking ramp to U.S. Bank office building. 2) Construction of a storm sewer under Fillmore Avenue. I(we)have attached six copies of the site plans of any development intended for construction on the lands to be vacated. Copies of site plans were delivered to City of Saint Paul Department of Public works by David Bangasser of Opus Northwest Contact Person Construction. Person(s) responsible for payment of vacation fee and for acceptance of the terms and conditions of the vacation: Name: Julia LeMense Huff Name: Marie Franchett Phone: (651) 223-6489 Phone: (651) 266-6702 Brig and Moi & Rcdcvclupnicnt Address: W2200 First National Bank Bldg. Address: Authority of the City of St Paul St. Paul, MN 55101 1400 City Hall Annex 25 West Fourth Street St. Paul, MN 55102 Alternate Contact Person- Name: Marie Franchett Name: Phone: LSee above Phone: Address: Address: _ Name: Phone: Address: Vacation Guidelines bd� "MV \ Name: Phone: Address: Signatures of Owner(s)/Representative(s) of Property(ies) Below: 11J641' 4°*- t, , 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 Vacation Guidelines in the petition. 04"" ,t Subscribed and sworn to before me this j'/day of ! •: MARY C. ERICKSON —12Ds/PhnlL1J NOTARY PUBIJC-MINNESOTA MY COMMISSION ► ,2004 j 1 EXPIRES JAW.31,2006 Petitioner Notary My commission expires (<alt><f-l0>vg) • Tunnels in Saint Paul -all approved by permit 1) Twin Town Treatment 1706 University Avenue Under alley behind building. 2) Three Bears LLC 720 Payne Avenue Utility tunnel under Minnehaha between 720 & 722 Payne Avenue. 3) Hamline University 1536 Hewitt Avenue Utility tunnel crossing under Hewitt east of Asbury. 4) Minnesota Life 400 &401 Robert Street North Pedestrian tunnel crossing under Robert Street between 400 &401 Robert Street North. 5) State Of Minnesota 600 North Robert Street Pedestrian tunnel under vacated 13th Street between Robert Street& Jackson Street within a sewer easement area. 6) State of Minnesota 600 North Robert Street Pedestrian tunnel crossing under Robert Street near Columbus. 7) State of Minnesota 600 North Robert Street Pedestrian tunnel crossing under 14th Street, east of Robert Street North. 8) Allina Health Systems 333 Smith Avenue &280 Smith Avenue Pedestrian tunnel under Smith Avenue from United Hospital to Medical Office building. 9) The Markham Company Tunnel crossing under West 7th Place from Hamm building to Saint Francis Hotel to Palace Theatre. 10) Macalester College Utility tunnel crossing under Macalester Street, north of Grand between 30 Macalester Street& 16 Cambridge Street. 11) J.L.T. Warehouse Ltd. Partnership Tunnel under Territorial Road between 2219 Territorial Road and 739 Vandalia Street. 12) Economics Laboratory Tunnel under 5th Street, east of Wabasha, between 360 North Wabasha Street and 9 East Fifth Street. 13) The Saint Paul Company Tunnel under 6th Street,west of Washington. 14) State of Minnesota Pedestrian tunnels University-Columbus-Cedar-Wabasha. 15) Golden Rule Building Under 7th Street. 16) Cedar Street Between 5th Street& 6th Street. 17) Pioneer Press Tunnel crossing under 4th Street at 55 & 63 east 4th Street. NOTICE OF PUBLIC HEARING Notice is hereby given that the petition of the Housing and Redevelopment Authority for the vacation of the subterranean right-of-way under Fillmore Street as more fully described on file and on record in the office of the City Clerk of Saint Paul, Minnesota, will be heard and considered by the Saint Paul City Council at a meeting to be held in the Council Chambers on the 3rd floor of City Hall and Court House on the 25th day of September, 2002 at 5 : 30 P.M. Dated: August 29, 2002 Shari Moore Deputy City Clerk (September 5, 2002) I,nu t. 01* Interdepartmental Memorandum AAAA CITY OF SAINT PAUL ED AUG 2 8 2002 `Pry 'LRk To: Shari Moore City Clerk's Office 170 City Hall From: Peter White Right of Way Engineer 140 City Hall Date: August 23, 2002 Subject: TMS Department Vacation File No. 25-2001 I recommend a public hearing before the City Council be held on September 25,2002 to consider denying a petition to vacate subterranean right-of-way under Fillmore Street. The purpose of the vacation is to facilitate construction of a pedestrian tunnel and a private storm sewer. This property is located in City Council District 2, Planning District 3. 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 September 5,2002. (2501 date) CITIZEN SERVICE OFFICE Fred Owusu,City Clerk SAINT PAUL CITY OF SAINT PAUL 170 City Hall Tel.: 651-266-8989 Norm Coleman,Mayor 15 W.Kellogg Boulevard Far 651-266-8689 Saint Paul,Minnesota 55102 Web:http://www.cLstpauLmn.us AMA TDD:651-266-8509 raw November 20, 2001 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 Housing and Redevelopment Authority for the vacation of that part of Fillmore Avenue according to the recorded plat thereof on file and of record in the Office of the Saint Paul City Clerk. Sincerely, Shari Moore Deputy City Clerk Attachments Vacation Guidelines SAINT PAUL 41011 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,do hereby petition the Council of the City of Saint Paul to vacate its interests in the property(ies) legally described as follows: See the attached Exhibit A I(we)request this vacation for the following reason(s). (Indicate whether you will be building on the site.) 1) Construction of a tunnel under Fillmore Avenue to connect U.S. Bank parking ramp to U.S. Bank office building. 2) Construction of a storm sewer under Fillmore Avenue. I (we)have attached six copies of the site plans of any development intended for construction on the lands to be vacated. Copies of site plans were delivered to City of Saint Paul Department of Public works by David Bangasser of Opus Northwest Contact Person Construction. Person(s) responsible for payment of vacation fee and for acceptance of the terms and conditions of the vacation: Name: Julia LeMense Huff Name: Marie Franchett Phone: (651) 223-6489 Phone: (651) 266-6702 Bliggs and Mut gait Housing &Redevelopment Address: W2200 First National Bank Bldg. Address: Authority of the City of St. Paul St. Paul, MN 55101 1400 City Hall Annex 25 West Fourth Street St. Paul, MN 55102 Alternate Contact Person Name: Marie Franchett Name: Phone: [See above] Phone: Address: Address: Name: Phone: Address: • Vacation Guidelines Name: Phone: Address: Signatures of Owner(s)/Representative(s) of Property(ies) Below: ‘e- , 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 Vacation Guidelines in the petition. Subscribed and sworn to before me this jI/i/day of MARY C. ERICKSON NOTARY PUSUIC-IMNhESOTA ( MY COMMISSION ■ , 2001 EXPIRES JAW.31,2006 I 7-k/d/ty ‘- /4 zi- .51)-rj Petitioner Notary My commission expires (<alt><f-10>vg) M e' ; MAY.22.2001 3:34PM ENARI 611 A P.6/12 I I Sunde' Land Surveying, LILC. 001 East Bloomington Freeway (35w) Suite 118 Bloomington, Minnesota 55420-3435 Easement Sketch Fora Business: 952-881-2455 Fax; 952-8ee-9526 OPUS NORTHWEST, L. L. C \ L)1 /r-L)1 /1!'-!A/ / 1 / V L_1 l V IL_ Y \\ \ \ \\ r 4"‘r••0 ') �,, :; I 1 0 / c../r- / PROS V / t if / STA4N SEWER C('\ I i,�.' i'r E�i IENT �OSEO BuVI OtNO ••••••-, `'. 100 Ma FT. �1• in r-r-I/�r_- ; ys00. l/I / /v L_ / s` ,-� \ .70• t� 0 0,A N....3 �.• i 1 am �. F� /�� �� F / i Q� / ��, / / ` \ \ id / } / .,mot' J / i \ \' / Cri`tr 1 / J �a / \ / ,- - / \ / / A nnIYl/'1A / ,94,<041,6, c > \ ri /^I L/Ll l 1 /lJ 1 V —\ \ PROPOSED STORM SEWER EASEMENT A 30.00 foot easement over, under and across Fillmore Avenue, formerly Fourth Street and formerly Water Street, Ramsey County, Minnesota. The centerline of said easement is described os commencing at the most northerly corner of Lot I, Block 2, RIVERVIEW OFFICE ADDITION, according to the recorded plat thereof; thence on an assumed bearing of South 58 degrees 52 minutes 09 seconds West, along the northwest line of said Lot I, a distance of 20.26 feel to the point of beginning of the centerline to be described; thence North 31 degrees 34 minutes 12 seconds West a distance of 70.00 feet to the southeast line of Lot 2, Block I, said RIVERVIEW OFFICE ADDITION and sold centerline there terminating. The sidelines of said easement are to be prolonged or shortened to terminate at said northwest line of Lot I and said southeast line of Lot 2. NOTE: The plat of RIVERVIEW OFFICE ADDITION has not been recorded as of May 18, 2001. We hereby certify that this sketch, plan or report was L! prepared by me or under my instruction and that I cm ill a duly Registered Land Surveyor under the laws of the M State of Minnesota, L Doted this 18th day of May, 2001 u _5 - SUNDE LAND SURVEYING, LLC. By. Scott J. S kup, R.L. . Minn. Reg. No. 17256 2000-129-0 6J9/l T.28 R,22 SS .SMT 2000129esm1 dwg MAY.22.2oe1 3 36PM ,, i-1-1 11 >.10/12 • Sunde Land Surveying, TALC. 9001 East Bloomington Freeway (35W) Suite 118 Bloomington, Minnesota 55420-3435 Easement Sketch For Business: 952-881-2455 FAX: 952-888-9526 OPUS NORTHWEST, L L. C. \ \ 1 \ 1 11 L_I 11 /I -I4/ / / t/ VL_It V/LYY n \ �� i \ \ c ,fk•'fcl r v i \ c, ,.1 J 4\.)s-1, / -� P iP. \ I ii / / \ ',,pp / ej00. 0 C-...-.s \ .. ' \ , 0‘04. \'1 \_ L t �•. / / i (.. l./1-r1vL_ i / 'r l%- .. i ,N . 00 / {+ \ •'+t .' r r, fv+ is�+ , . 'IPLI-,./ % °'- \\,\ \2c\ \ t + r PROPOSED TUNNEL EASEMENT A 20.00 foot easement over, under and across Fillmore Avenue, formerly known as Fourth Street and Water Street, and Livingston Avenue, formerly known as Hubert Street. Ramsey County, Minnesota. The centerline of maid casement is described co commencing of the moot southerly corner of Lot 2, Block I, RIVERVIEW OFFICE ADDITION, according to the recorded plat thereof, Ramsey County, Minnesota; thence on on assumed bearing of North 58 degrees 52 minutes 09 seconds East, along the southeosterly line of said Lot 2, a distance of 5.98 feet to the point of beginning of the centerline to be described: thence South 23 degrees 22 minutes 46 seconds East o distance of 70.30 feet; thence South 31 degrees 07 minutes 50 seconds East a distance of 41.34 feet and said centerline there terminating. Said easement lies between the elevations of 700.0 feet and 713.5 feet City of St. Paul Datum. The sidelines of said easement ore to be prolonged to terminate at said southeasterly line of Lot 2 and at the southwesterly line of said Lot 2, NOTE: The plot of RIVERVIEW OFFICE ADDITION has not been recorded as of May 18. 2001. XWe hereby certify that this sketch, plan or report was prepared by me or under my instruction and that I am o duly Registered Land Surveyor under the lows of the n State of Minnesota. 1 Doted this 18th day of May, 2001 SUNDE LAND SURVEYING, LLC. J , , 8y._ /; 91 Ir - Scott J. :.ukup, R. ' . Minn. Reg. No. 1 7256 2000-129-0 639/1 T,28 R 22 S.5 SAI T 2000129esm 6.dwg File No. 107240 V • Commonwealth REISSUE NO. 2 COMMITMENT FOR TITLE INSURANCE ISSUED BY COMMONWEALTH LAND TITLE INSURANCE COMPANY SCHEDULE A - 9 • 1. Effective Date: Z 2O9^, "" • . Ill . 4 \ , , 2. Policy or Policies to be issued: J ALTA Owner Policy - 1992 Proposed Insured: Housing and Redevelopment Authority in and for the City of Saint Paul, Minnesota, Liability: TBG-- 1 i 74---14-1-1 c pl D. S 0 3. The estate or interest in the land described or referred to in the Commitment and covered herein a fee simple and is at the effective date hereof vested in: y.� 4. The land referred to in this Commitment is situated in the County of RAMSEY, State of Minnesota, and is described as follows: SEE SCHEDULE A-4-A ATTACHED HERETO. Note for Information: Property is Abstract and Torrens - Certificate No.: 665-971 CLL _ I Commonwealth and Title Insurance Company r : -Alt . .." . . e4.4.1.' to dir 41._ i Authorizes '∎icer 3 ALTA Commitment Schedule A Valid Only if Schedule B and Cover are Attached ; \(---' File No. 107240 • •- Commonwealth SCHEDULE A-4-A The property located in Ramsey County, Minnesota, described as follows: That part of Lot 1 lying Southwesterly of a line drawn 60 feet Southwesterly of and parallel with the following described Line 1, and lying Southeasterly of the Northwesterly 44.75 feet of said Lot 1; and lying Northwesterly of a line parallel with and 60 feet Northwesterly from the Levee Line which is a line drawn from the Northeast comer of Block 176 of Robertson's Addition to West St. Paul to the Northwest corner of Block 4, Marshall's Addition to West St. Paul; That part of Lot 1 lying Southwesterly of a line drawn 60 feet Southwesterly of and parallel with the following described Line and lying Southeasterly of the above described Levee Line; Those parts of Lots 2 and 3 lying Southeasterly of the above described Levee Line; Those parts of Lots 2, 3, 4 and 5 lying Southeasterly of the Northwesterly 44.75 feet of said lots and lying Northwesterly of a line 60 feet Northwesterly of and parallel with the above described Levee Line; That part of Water Street overlying Block 2, Bazil & Roberts Addition to West St. Paul, vacated, lying Southwesterly of a line drawn 60 feet Southwesterly of and parallel with the following described Line 1 and lying Northeasterly of the Southwesterly line of Lot 3, Block 2; That part of the Northwesterly half of Water Street overlying Block 2, vacated, lying Southwesterly of the Northeasterly line of Lot 4 and Northeasterly of the Southwesterly line of Lot 5, said Block 2; That part of the Northeasterly half of Livingston Avenue, formerly Hubert Street, vacated, lying Northwesterly of the above described Levee Line and Southeasterly of the Southeast line of the Northwesterly 44.75 feet of Lot 5, Block 2, extended Southwesterly across said street; That part of the alley, vacated, in said Block 2, lying between the said Levee Line and Lots 1, 2 and 3 to the Northwest and Lots 6 and 7 to the Southeast which lies Southwesterly of a line drawn 60 feet Southwesterly of and parallel with the following described Line 1; All of Lots 6, 7, 8, 9, 10, 11, 12, 13 and 14; All of the alley, vacated, in said Block 2 lying between Lots 8 and 9 to the Northwest and Lots 10, 11, 12, 13 and 14 to the Southeast ALTA Commitment File No. 107240 • v Commonwealth SCHEDULE A-4-A - continued The Northeasterly half of Livingston Avenue, formerly Hubert Street, vacated, lying between the Southwesterly extensions across said street of the Northwesterly line of Lot 6 and the Southeasterly line of Lot 10; All in Block 2, Bazil & Roberts Addition to West St. Paul. Line 1 is a line commencing at the most Easterly corner of Block 2, said Bazil & Roberts Addition to West St. Paul; thence Northeasterly at an angle or 90 degrees 02 minutes 31 seconds to the Northeasterly line of said Block 2 for 40.11 feet to the point of beginning; thence deflect to the left at an angle of 90 degrees 00 minutes 00 seconds for 268.79 feet; thence deflect to the left at angle of 4 degrees 16 minutes 00 seconds for 600 feet and there terminating. Together with that part of the Southeasterly half of Water Street overlying Block 2, vacated, lying Southwesterly of the Northeasterly line of Lot 4 and Northeasterly of the Southwesterly line of Lot 2, said Block 2 and their extensions. Also together with that part over Water Street overlying said Block 2, vacated, lying Southeasterly of the Southeasterly line of said Lot 3 and lying Northeasterly of the Southeasterly extension of the Southwesterly line of Lot 3. And Lots 1, 2 and 3, Block y, Bazil & Robert's Addition to West St. Paul, together with so much of the vacated alley which accrued thereto by reason of the vacation thereof. And Those parts of the following described tracts: Lots 6, 7, 8, 9 and 10, Block 7, Bazil & Robert's Addition to West St. Paul, together with so much of the vacated alley within said Block 7, vacated Fairfield Avenue, and vacated Livingston Avenue as accrued thereto by reason of the vacation thereof. Lots 9 and 10, Block 10 except the Southwesterly 70 feet thereof; Lots 1 and 2, Block 11, except the Westerly two-thirds thereof, together with so much of adjacent vacated street and alleys as accrued thereto by reason of the vacation thereof. Which lie Northwesterly and Northeasterly of Line "B" described below. Line "B" is described as beginning at the intersection of the Northeasterly line of said Block 10 with a line lying 90.00 feet Southeasterly of and parallel with the centerline of vacated Fairfield Avenue, formerly Fifth Street; thence on an assumed bearing of South 58 degrees 52 minutes 09 seconds West, along said parallel line, a distance of 309.98 feet to the West line of vacated Livingston Avenue, formerly Hubert Street; thence North 30 degrees 50 minutes 35 seconds West, along said West line of ALTA Commitment File No. 107240 Commonwealth SCHEDULE A-4-A - continued vacated Livingston Avenue, a distance of 370.04 feet to the Southwesterly extension of the Southeasterly right of way line of Fillmore Avenue and said Line "B" there terminating. And That part of the following described tract: The Southwesterly 70 feet of Lots 9 and 10 together with that part of the Northeasterly half of adjoining Livingston Avenue, formerly Hubert Street, vacated, lying between the extensions across said street of the Southeasterly line of said Lot 9 and the Northwesterly line of said Lot 10 and together with that part of the Southeasterly half of adjoining Fairfield Avenue, formerly Fifth Street, vacated, lying between the extensions across said street of the Northeasterly line of the Southwesterly 70 feet of said Lot 120 and the centerline of said Livingston Avenue; All in Block 10, Bazil and Robert's Addition to West St. Paul. Lots 4 and 5, Block 7, Bazil and Robert's Addition to West St. Paul, County of Dakota, Territory of Minnesota. That part of the Northeasterly half of the adjoining alley, vacated, lying between the extensions across said alley of the Northwesterly line of said Lot 4 and the Southeasterly line of said Lot 5, and that part of the Northwesterly half of adjoining Fairfield Avenue, formerly Fifth Street, vacated, lying between the extensions across said avenue of the Northeasterly line of said Lot 5 and the center line of said alley. Which lies Northwesterly and Northeasterly of Line "B" described above. And That part of the following described tract: Lots 1 and 2, Block 6, Bazil & Robert's Addition to West St. Paul, together with vacated Livingston Avenue, formerly Hubert Street, as accrued thereto by reason of the vacation thereof. Which lies Northeasterly of Line "B" described above. And Those parts of the following described tract: Lots 3, 4 and 5, Block 6, Bazil & Robert's Addition to West St. Paul and together with the Southwesterly half of Livingston Avenue, formerly Hubert Street, vacated, lying Southeasterly of the Northwesterly line of Lot 3, Block 6, extended Northeasterly and the Southeasterly line of Lot 5, Block 6 extended Northeasterly and together with the ALTA Commitment File No. 107240 Vi Commonwealth SCHEDULE A-4-A - continued Northeasterly half of the alley, vacated, in Block 6, lying between the Northwesterly line of Lot 3, extended Southwesterly and the Southeasterly line of Lot 5, extended Southwesterly; and together with the Northwesterly half of Fairfield Avenue, formerly Fifth Street, vacated, lying between the center line of the alley in Block 6, vacated and the center line of Livingston Avenue, vacated. Which lies Northeasterly of Line "B" described above. Note: Parcel designations are for convenience of reference only, and do not constitute an integral part of the legal description. ALTA Commitment File No. 107240 • Commonwealth SCHEDULE B — SECTION 1 REQUIREMENTS The following are the requirements o be complied with: 1. Instrument creating the estate o interest to be insured must be executed and filed for record, to wit: Conveyance of the estate or int:rest in land as described in Schedule A from the party or parties recited at Item : of Schedule A to the Proposed Insured (Owner). Note: The following must acc• pany the deed for filing: ∎` \ An Affidavit of Purcha -r of Registered Land. 'k �� A Certificate of Real 'state Value containing the social security number or the federal tax idem fication number of each of the grantors and grantees. All grantors and grantees must have obtained a social security number or a federal tax identi cation number prior to closing. No deed can be recorded without a fully completed Certificate of Real Estate Value. A Well Disclos re Certificate, or the following recital must appear on the ': deed: ��j'17- .eller certifies that the seller does not know of any wells on the 'escri.ed real property. 2. Pay the full considerat on to, or for the account of, the grantors or mortgagors. 3. Pay all taxes, charges, assessments, levied and assessed against subject premises, which are d e and payable. 4. Satisfactory evidenc- should be had that improvements and/or repairs or alterations thereto a e completed; that contractor, sub-contractors, labor and materialmen are all said; and have released of record all liens or notice of intent to perfect a lien for labor and material. 5. If the transaction s closed by Commonwealth Land Title Insurance Company or its agent, the Socia Security number of Seller or Federal ID number of selling entities and fo arding address must be provided at or prior to closing to comply with the Tax • -form Act of 1986 and the 1099S Form executed at closing unless the Seller is . corporation or a governmental unit. 6. Provide .ndard form Seller's/Mortgagor's affidavit in recordable form. If provide: Items 2 and 4 of Schedule B - Section 2 will be deleted from the Policy to • issued pursuant to this Commitment. -CONTINUED- ALTA Commitment Schedule B - Section 1 ∎, File No. 107240 v Commonwealth hedule B - Section 1 (continued) 7. Recordable certific. tion of approval, non-applicability, or waiver of municipal subdivision regulat ons issued by the city clerk must be attached to the conveyance pursu.nt to Minn.Stat. Section 462.358, Subd. 4a. 8. The property is bo h abstract and torrens, so it is necessary to file instruments in both the Office of the County Recorder and the Office of the Registrar of Titles. If only one instru -nt is presented for recording, there will be a time lag between the date of reco ding in each office. Accordingly, it is required that instruments to be recorded b: executed in triplicate and filed in both offices simultaneously. A p. and • parties to the transaction that will execute instruments to be k 1 re •rded i- a g-neral and/or limited partnership. We require disclosure, prior to clo- ng .f the names of all partners who will execute documents to be recorded Ikk on be alf of the "eneral and/or limited partnership, so that name searches for 111 bankruptcy can b- conducted pursuant to Revised Title Standard No. 82. 10. Obtain and record xaminer's Directive amending the legal description as shown on Torrens Certific.te No. 365971 to include that part of vacated Water Street overlying Block 2, :azil and Robert's Addition to West St. Paul, as vacated by Document No. 139-591. 11. Pay and satis •f r:cord e following Mortgage: Dated: Aug W :95 Filed of Record: A f•ust 8, 1995 Document No.: 20:1978 (A) and 1097319 (T) Executed by: Ri :r Properties of St. Paul, Limited Partnership To: Riverside :. - k Original Prin• p- Amount: $1,250,000.00 As amen•ed • Document Nos. 2977364 (A), 1141859 (T), 3009405 (A), 1162• • (T) -nd 1575269 (T) 12. Provide a survey certified to a current date in substantially the form of Exhibit A tech-. hereto. ALTA Commitment Schedule B - Section 1 ) ..- File No. 107240 • Commonwealth SCHEDULE B - SECTION 2 EXCEPTIONS Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: A` 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, `■ first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2. Rights or claims of parties other than Insured in actual possession of any or all of the property. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Unfiled mechanics' or materialmen's liens. 5. Real estate taxes for and payable in 200iand thereafter. 6. Levied and pending special assessments hereafter levied. 7. Levied assessments as follows: Property Tax Identification No. Type Balance 052822230021 2211 St/Sewer $ -273 a 4) 052822320035 2211 St/Sewer If assessments are to be paid, make check payable to Department of Finance. Note: Said assessments do not include interest. Please contact the City of St. Paul to obtain payoff figure. I!"so _ .a ies in pos - • •- • - - - 9. Redevelopment Plan for Riverview Industrial Project Minn. R-26 dated April 29, 1964, filed May 12, 1967, as Document No. 510089 (T). Note: The above will be removed by Directive of the Examiner of Titles upon proof of expiration. 10. Terms and conditions of street vacation resolutions as noted on Exhibit B attached hereto. -CONTINUED- ALTA Commitment Schedule B - Section 2 File No. 107240 v Commonwealth Schedule B - Section 2 (continued) 11. As to vacated Water Street overlying Block 2: Terms and conditions of Easements, Document Nos. 362453 and 362454. • � 12. Terms and conditions of Co act for Deed dated ril 24, 1987, filed of record .1►�' July 21, 1897, as Docu nt No. 843565, exe ed by American Hoist & Derrick )`fr Company, vendor, t abasha 50 Joint V ure, vendee, as assigned by Document No. 92 03 assigning vend s interest to Citibank N.A. 13. Drainage and utility easement(s) as shown on the recorded Plat of Bazil and Robert's Addition to West St. Paul. ( 14.r Easement ngress and egress as co in Document Nos. 2211400 and 239 . Note: The above will be deleted upon conveyance due to merger. 15. As to Parcels 9a, 9b, 10a and 10b: All minerals and mineral rights reserved to the State of Minnesota in trust for the taxing districts concerned. 16. As to Parcel 7: Subject to the conditions and easements as contained in Document No. 525901. 17. As to Parcel 7: Subject to the conditions and easements as contained in Document No. 532402. 18. As to Parcels 8 and 11: Subject to the conditions, easements and reservations as contained in Document Nos. 1744538, 1744539, 1819955 and 1819953. 19. As to Parcels 9a and 9b: Easement in favor of City of Saint Paul, Minnesota dated December 5, 1975, recorded April 26, 1976 as Document No. 1932630. -g-� .1 20. As to Parcels 9a a d 9b: ‘ Easement to op ate railroad in alley i vor of Chicago Great Western Railway \v-� " Company recor ed in Book 49 of Mi ellaneous, page 504. Note: The ove will be delet upon filing of Quit Claim Deed from Union Pacific Rail ad. -CONTINUED- ALTA Commitment Schedule B - Section 2 41,. File No. 107240 Commonwealth Schedule B - Section 2 (continued) 21. As to Parcels 9a and 9b: 1 . 4 • Spur track easement within - -y through Block 11 and across Indiana .nd 41;, Fairfield Avenues in favor o' Chicago Great Western Railway Compa recorded �� June 11, 1902, in Book 4. of Miscellaneous, pages 400 and 401. Assigned to Chicago Gr-at Western Railroad Company by Assi• ment recorded in Book 549 of Deeds, page 463. Note: The above ill be deleted upon filing of Quit Claim Deed from Union Pacific Railroad. 22. As to Parcels 9•, and 9b: Easement in favor of Chicago Great Western Railway ompany recorded in Book 49 of scellaneous, page 418, and in Book 47 of Deeds, page 567. Note: Th= above will be deleted upon filing of Q t Claim Deed from Union Pacific Ra Iroad. 23. As to Parcels 9a and 9b: Continuing covenants of Paragraph 2 of Deed of Conveyance of Land for Redevelopment from Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, dated December 1, 1972, filed December 4, 1972, as Document No. 1843328. Note: Certificate of Completion filed May 24, 1979 as Document No. 2042131. ( L, * 4... As to Parcels 9a and 9b: 7. C( Right-of-way in favor s ' Chicago Great Western Railroad Company to operate a n -- A ;,,�A railroad within the . ey in Blocks 14 and 19 pursuant to deeds recorded in Book 46 of Misc. sage 207 and in Book 46 of Miscellaneous, page 208. Note: The - glove will be deleted upon filing of Quit Claim Deed from Union Pacific Rai oad. 25. As to Parcels 10a and 10b: Continuing covenants of Paragraph 2 of Deed of Conveyance of Land for Redevelopment from Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, dated May 1, 1979, filed May 8, 1979, as Document No. 674659. Note: Certificate of Completion filed May 8, 1979, as Document No. 674660. -CONTINUED- ALTA Commitment Schedule B - Section 2 1` File No. 107240 Commonwealth Schedule B - Section 2 (continued) 6. As to Parcels 10a a'd 10b: 2 : Restated easem- t agreement dated Jan - 28, 1987, filed of record July 23, 1987, as Docu ,ent No. 2394008 betw--n American Hoist & Derrick Company and Leo E. Fox d/. a Fox Realty. Note: Thi- agreement supers:des Document No. 2211400. ••ote: ' e above will b- . -leted upon conveyance due to merger. �� ,, As to Parcels 10a and 10b: �J1, j bpur track easement and other rights in favor of Chicago and North Western `'•'� •ailway Company as set forth in Document Nos. 567230 and 567228. Ic . Note: The above will be deleted upon filing of Quit Claim Deed from Union Pacific Railroad. ---d . uuki,..).,_g___ALs.m.s:Q...Q..A e .. i. • , 0 fc_ o__,a_o_sLik___&„ -z_ • 4 `A-- \ 4 1 •• ' gi& - 2,°off- ©c). c9-o c I a - 7-6O ` tAc9-e_ s. L. L -C. 0..-c►-g V)--1---V-Q-->•._1\? ' ( 4a,--- I - & 1 . ALTA Commitment Schedule B - Section 2 • File No. 107240 Commonwealth SCHEDULE B — SECTION 3 INFORMATION 1. Commitment Ordered by: McGrann, Shea, Franzen, Carnival, Straughn & Lamb Carla Pederson 2600 U.S. Bancorp Center 800 Nicollet all Minneapolis, MN 55402-7p35 2. Reference: Housing a►d Redev- opment Authority in and for the City of Saint Paul, Minnesota 3. The commitment does not cover utility bills against the subject property not shown on tax or assessment records. 4. Real Estate Taxes: a) As to Block 2, Bazil & Roberts Addition to West St. Paul: Real estate taxes for`and payable in the year 2000 in the amount of $16,377.68 have b-en paid in full. �2 I _1+D D° Base Tax: $9.227. 2, Non-homestead. l '.0 Property Identific. ion No. 052822230021. b) As to Blocks 6, 7, 10, 11 and Registered Land Survey No. 350, Bazil & Roberts Additio, to West St. Paul and Blocks 174, 173 and 172, Robertson's A..ition to West St. Paul: Real estate to es for and payable in the year 2000 in the amount of $106,692.68 ave been paid in full. ItiGriLtfio� Base Tax: •;:3,515.52, Non-homestead. Property I'entification No. 052822320035. 5. As to both Property Tax Identification Nos.: There are no pending assessments now of record. For further information regarding this Commitment please contact Judy Keiser, Paula Hendrickson, Laurel A. Forrest or Mary Olson at (651) 227-8571. ALTA Commitment Schedule B - Section 3