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97-1132Return copy to: Real Estate Division 140 City Hall �, ,� � � , �, a �, RESOLUTION ;,�� } � , , �, ,— � CITY OF SAINT PAUL, MIN�NESOTA Presented By Referred To Committee: Date RESOLVED, that upon the petition of David 3. Erickson, per Finance Department File Number 2-1997, public properties herinafter described are hereby vacated and discontinued as public property; and, subject to the herein stated exceptions, the easements within those public properties are hereby released. The vacated are is described as follows: That parC of Victoria Street lying within the following described line: From the southeast corner of Lot 6, Block 5, The Strand Addition; thence northerly along the east line of the said Lot 6 a distance of 36.00 feet to the point of beginning; thence easterly along a line perpendicular to the said east line a distance of 1.50 feet; thence northerly along a line parallel to the said east line a distance of 50.00 feet; thence westerly along a line perpendicular to the said east line a distance of 2.00 feet; thence southerly along said east line a distance of 1.50 feet to the point of beginning. This vacation shall be subject to the terms and conditions of Chapter 130, codified March 1, 1981, of the 5aint Paul I.egislative Code as amended, and to the following conditions: 1. That this vacation shall be only temporary. Upon demolition of the encroaching building, the above described property shall revert to public right-of-way, 2. That the petitioner's, their successors and assigns shall pay $500.00 as an administrative fee for this vacation which is due and payable within 60 days of the effective date of this resolution. 3. That with the accompanying Utility Easement Certificates of Iniended Non-Use, filed voluntarily on behalf of U.S. West Communications, Incorporated, Northern States Power Company, District Energy St. Paul, Incorporated, MCI Metro, Continental Cablevision, the Water Utility, and the Department of Public Works, made a part hereof by this reference and filed in the oftiGe of the City Clerk of Saint Paul, the City, for itself and on behalf of these corporations and departments does hererby waive the right to the utility easements in the vacated area described above for the lifetime of the encroaching structure, such easements to be reinstated following demolition of the said structure. Council File # ��'3•. Green Sheet # —\� �� `-� �S q�-i»a- 2 C:7 10 11 12 13 14 9. That the petitioner's their successors, and assigns agree to indemnify, defend and save harmless the City of Saint Paul, its officers, and employees from all suits, actions, or claims of any chazacter brought as a result of injuries or damages received or sustained by any person, persons, or property on account of this vacation or petitioner's use of this property, including but not limited to a claim brought because of any act of omission, neglect, or misconduct of said petitioner or because of any claims or liability arising from any violauon of any law or regulation made in accordance with the law, whether by the petitioner or any of their agents or employees 4. That the petitioner's their successors, and assigns, sfiall within 60 days of the effective date of this resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution and shall within the period(s) specified in the terms and conditions of this resolution, comply in all respects with these terms and conditions. Requested by Department of: Adopted by Council: Date Adopti� Certified by Co�, By: ` Approved by ,yor: Date �i' C��v �- By: �'� L�j/� Technology & Manaeement Services BY: �/�� y ��9n--�li�(� ✓� �irector Form Appro d by City Attomey By: � �*i/s�— !! 6 �� : to Council �.-_ G( 7 - SA�NS pAU4 � AAAA P�TITIf3N TO VAC,ATE CITY INTEREST \'} �-- I(we},fhe utders[gied, con+�� A M°j°�}' oCthe ownexs Cos theic IegaQp desigiwted representativcs) of Uie abukiine propertia, do hcreby r_L':.`e.-. the Coundt o[!he GYry of Sain! Paui to vaeate 3ES intemts In thc P�Pert7Cia)1�gnlly described ss foBows: The West 6 feet of Victoria Street abutting Loi 6, Biocic 5, Th� Str3^d Add'ItiO� to Saint Paul, which lies Southerly of the North line of said Lot 6 extended Easterly 6 feet and and lying Northerly of the South line of said Lot 6 extended Easterly 6 feet. T CN'�) n4� � vacation tor tlie following reasen f3} upon streetdright�of6waylaskshownhonsthensuraeytattachedaheretoul, encroaches I(we) ha�'c attsched sis eopirs of the site plans of �y developmtnt ►n4ended for construciiun on the lands to be t aca2ed. Cantact �'erson N � : Chad D. Lemmons Phona 7?5-9591 ��: 1210 West County Road E Arden Hills, MN 55112 Person(s) responsible for gsayiment vacation fee and far acceptAnce of tarms and conditions of the vacation: Of the N �,�_ David J. Erickson �,o�: y�y .� �s � A �, R50 C.omo Avenue St. Paui, MN 55103 Altanate Cotriaat Pason TFame: Pbone: Addresz N�: Address: x��• ��: � � . 4_v.��_� t � ',; Signatures of Owner(s)fRepresentative(s) of Prapesty{ies) �elaw: �,� .�.�-J^-�� , kay Tischler Erickson omo ve. t a ul MN 55103 �, I,JqJ 1� � c� f t C��= am the petilioner, or one of fhc pctilioncrs in the above matter� and I do hcrc6y swcar and veti(y thai wch aflha ' aAU pdiUOn was signett in my prtscnce by4�o peraon deseiSbed in the pet'stiosL n. ,��n� . .�—�� suhsaa"hed aua swom w befo au fhis � day of I� P C'� d�t �� . 199� `��" C (ivvurY) y - 6 --� MA�K G. LENTSCH 3 -� NOTARYPU9LIC-MINWESOTR � �• ��Ay Comm. Expires J�. 37, 200C� �Si�O'd SS88 �'�' 31ti153 �d3�J "1tlCd 15 (<alin<f-lOav�J BZ:6� 9b6S-L£-1�D ��t -�� a- OWNERSHIP REPORT CAPI'I'AL TTTLE CORPORATION, dces hereby certify that it has searched the record in the Real Estate Division in the Office of the County Recorder in and for the County of RAMSEY, State of Minnesota and from search fmds that the following are the last apparent record owners of: Lots 4, 5 and 5, except the West 55 feet of Lots 4 and 5, Block 5, The Strand Addition to St. Paul. ABSTRACT PROPERTY Owners: David James Erickson and Kay Tischler Erickson, as joint tenants. Joshua L. Tilsen and Faith A. Latimer, husband and wife to David James Erickson and Kay Tischler Erickson, as joint tenants Warranty Deed Dated October 3Q 1996 Filed November 27, 1996 Document Nutnber 2966343 Lots 4, 5 and 6, except the West 55 feet of Lots 4 and 5, Block 5, The Strand Addition to St. Paul. NOTE: This report is not to be construed as a legal opinion of Tide. Wimess the signature of an authorized officer of the said Company this 27th day of Januazy, 1997 at 8:00 a.m. CAPITAL TTTLE CORPORATION � ' � � i : -. - i ' � � V� 1�� ""�T'� . -" . , .. ,� . , .. � __ ' O � .'`.ci'=;^( `� d. � •�;�• l I "�. ';. _��: r ,�.:�,- . . : . .. . , .... . ; , , � . . . , � ,�,,:. ,: �_:`,,:: , '; �-:��: � , . : � � � � � � ,.' � :; -5:;:;= � � , � � � � , � • 1 , - � � :,r � � 1 � 1 � I � 1 � 'i�,,:' i:K, Z 3 ., :,, ;:r; f s � z 3� q s -: M �� , x :;. . ._ ._. . .. _.___;_ �' . �� ;i=: fo . ,, yo Zo yo �► � � � - `��' �.;� � : i � a ,n ., _ _ _ _ � — ..._ � 1 �' ^ _... _ ; : � � � �.,: —• .. "� '_ . " �.: _ ': rY ; •;�, . ;i . � � ^�".- �' 1� . � .. - _ .. .. ,'.�. ':;.°..:: � c� c� AvE� �� ::.��k - 5;:=: : �. . ��. � � a�->>:� � � • -•— — — — — — —. �A -- — — — — — — .... � — — — — — — - — f ` ... ��>'� y� � `� 7/'�� ;_�* _;�, �'� C 4+' ' . •' � s,. �•.' < :x ° c:: ti. ':r;: r iv. � .: � y �'�'. . '�. } ( y � ia4�'..: °�1 � ��'S �--° � w r z w � Q ti W � T W p�' C ti � w .� - � � � - _� � - 1� �w N m N o p{� N 3 ,L1,ZZ,poS o - ' —69'£ll-- sos� aa�ac 05'9�,�� oas� � -- ( 9 � ,3 N } I N 9Nill3Ma �N J 9s��s�%3 0 � J � m7Q 02'9 M � 6L'0£ / i 4p � - '1- �' `�-° 3 I �_ ---oo�>u— j � 'v � � ° $ i, t o `o a v c ° a E c_ ° u q �.� O9 O c 3 � - F p �. c � - ° E B � c 'o 0 � c � 0 o u� �v o '�� z��,'� a5 ^ o � ^ o'z =°�,y� - � = _� � �z� y N ✓1 N J F`� .� rj t'1 _ � 0 � a _ W - o 0 ri C a.� � q � � v � 9� y E u � ? N J L � O w `�m a -� oa u F � za �� z_ " �4 �h .�� z� o a L� m p c � EZ O' uo ��_? � Q_ ��., Q �o,�. � zoa�s� Q_ �_ � � -� J_41 W L N F � z z c wl V �V ° � �. Q" � ti H O � w� E Z �( t�l 4 K C 0 c4 � �� c 0 � U C u N � Q � z F S c < z o a� U �n /+ a �� o= J �" ¢ li � IL c J J CERTIFICATE OF INTENDED NON-USE �`� `� �� THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF SAINT PAUL In the Matter of Vacation File # 2-1997 The undersigned hereby certifies, on behalf of the indicated depaztment or company, that it does not intend to exercise its utility rights in the realty described below: that part of Victoria Street lying within the following described line: from the southeast comer of I.ot 6, Block 5, The Strand Addition; thence northerly along the east line of the said I.ot 6 a distance af 36.00 feet to the point of beginning; thence easterly along a line perpendiculaz to tfie said east line a distance of 1.50 feet; thence northerly along a line pazallel to the saict east line a distance of 50.00 feet; thence westerly along a line perpendicular to the said east line a distance of 1.50 feet; thence southerly aiong saiu eas� une a lisianc.. �i Su vur feei io Yue puint oi beginning. except as here noted: �LCEI`�� That the vacation and subsequent release of easements shall be temporar'y, �or�he"' lz€� g`f the encroaching structure only; and the rights of the utility witbin this desc}ihed area shall be t'� GSinlL I�,�f(�:Q�i reinstated upon the removal of the encroachment. US West Communications Iy� Field Engineer STATE OF MINNESOTA ) � > SS. COUN1'Y OF RAMSEY ) j G� � 1—t ignature � The foregoipg instrument was ac}aowledged before me th"s 2 2 n d day of M a Y , lyy�, by of Bruce J. Sundber U S WEST Communications Field Engineer Corporation under the laws of tbe State of � 0 � O Y' d d 0. ; �s. ��.;. �.. ��. Y � �� 1�L ` � Naary Public, Ramsey Co�mty, M" ora. My connnission expires 1 j 31 / 2 Q 0 0 ** Piease return this originat copy to 140 City Hall, St. Paui, MN 55102 '` " CERTIFICATE OF INTENDED NON-USE 4'1 _��-- THE HONORABLE MAYOR AND MEMBERS OF TFIE COIINC7L OF T'HE In the Matter of CITY OF SAINT PAUL Vacation File # 2-1997 The undersigned hereby certifies, on behalf of the indicated department or company, that it does not intend to �ercise its utility rights in the realty described below: that part of Victoria Street lying within the following described line: from the southeast comer of Lot 6, Block 5, The Strand Addition; thence northerly along the east ]ine of the said Lot 6 a distance of 36.00 feet to the point of beginning; thence easterly along a line perpendicular to the said east line a distance of 1.50 feet; thence northerly along a line parallel to the said east line a distance of 50.00 feet; thence westerly along a]ine perpendicular to the said east line a distance of 1.50 feet; thence southerly along said east line a distance of 50.00 feet to the point of beginning. except as here noted: That the vacation and subsequent release of easements shall be temporary, for the life of the encroaching structure only; and the rights of the utility within this described area shall be reinstated upon the removal of the encroachment. Bernard E. Gille N.S.P. - Electric Division Its Customer` Service Desian Coordinator STATE OF MINNESOTA ) � - /"� ('"� �Y � > SS. � / �.. �E-" couivTY oF x.aMSav ) Signature The foregoing inswment was acknowledged be£ore me [his � 7} h day of 7� �� , 1997, —°�"'� by ,��//�20 � G/LL� ,the CclsT- S��, IJ�S(6�/ G[ of �{��S'� �O�'1��/V`f .a �O��O�fl under the laws of the Sfate of Minneso[a. My commission expires ��4 0` �o�N �zZm ��0� Z�Um W�y'°, W � J u; _�� rc� �, goCCci ** Please return this original copy to 140 City Hail, St. Paul, MN 55102 , ` CERTIFICATE OF INTENDED NON-USE °� �j - j�'J d•._ THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF SAINT PAUL In the Matter of Vacation File # 2-1997 The undersigned hereby certifies, on behalf of the indicated department or company, that it does not intend to exercise its utility rights in the realty described below: that part of Victoria Street lying within the following described line: from the southeast corner of Lot 6, Block 5, The Strand Addition; thence northerly along the east line of the said I.ot 6 a distance of 36.00 feet to the point of beginning; thence easterly along a line perpendicular to the said east line a distance of 1.50 feet; thence northerly along a line pazallel to the said east line a distance of SQ.00 feet; thence westerly along a line perpendiculaz to the said east line a distance of 1.50 feet; thence southerly along said east line a distance of 50.00 feet to ihe point of beginning. except as here noted: That the vacation and subsequent release of easements shall be temporary, for the life of the encroaching structure oniy; and the rights of the utility within this described area shall be reinstated upon the removal of the encroachment. STATE OF MINNESOTA COUNTY OF RAMSEY �y unde� che ]aws of the State of Minnuota. before me this �� day of � , 1997, ,rhe �%,� / �Q � % U.� - b'!�S` ✓�i�L',il.vE'f.fi,i�� "�6 , a ��`'lj/Z(/�.e� C�.Z 2�i'� My comroission expir� ** Please return this original cop� ) > SS. ) N.S.P. - Gas Distribution CERTIFICATE OF INTENDED NON-USE q'1-1 \ � a--- THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF SAINT PAUL In the Matter of Vacation File # �1997 The undersigned hereby certifies, on behalf of the indicated department or company, that it does not intend to exercise its utility rights in the realry described below: that part of Victoria Street lying within the following described line: from the southeast corner of L,ot 6, Block 5, The Strand Addifion; thence northerly along the east line of the said Lot 6 a distance of 36.00 feet to the point of beginning; thence easterly along a line perpendicular to the said east line a distance of 1.50 feet; thence northerly along a line parallel to the said east line a distance of 50.00 feet; thence westerly along a line perpendiculaz to the said east line a distance of 1.50 feet; thence southerly along said east line a distance of 50.00 feet to the point of beginning. except as here noted: DISTRICT ENERGY S7. PAUL, INC., AND DISTRICT COOLING ST. PAUL, INC., HA�E NO '1�h�� and en� re� o�e shall b� the IV�Co�Tt�ON. encroaching structure only; and the rights of the utility within this described area shail be reinstated upon the removal of the encroachment. �ECE9V� [� '� � ��N°� n"4i ESi;47c D;ViS10l� � h�.�.s � . � �, (�.i� District Energy and Coolin t. Paul, Inc. Its �P`�.Fj��E�, � STATE OF MINNESOTA ) f � � �� `—CO'_`^ � > SS. COUN'I'Y OF 2AMSEY ) �� Signature The foregoing mstrument was aclmowledged before me this _�� ` day of �� , 1997, by / N �-U'S V � c. e+,��-r the ��/'CS i c�s��' os � i s �' E�a,,•a.. �s4-. �c.� , a A r( u�, r+ar, - nro-��-�- c.o t� no v-n�ti m- under the laws of ffie Statz of Minnesota. nn.'�nM�nnnrtrnsn�n�nnn�rv9,A�.nn,v.nhP,�R � � TR'.5^Y i.. S4iER4"1000 S' < � s, �;`° �:,s;��r =a:,�..�_ ' �� y`� s � �� t0.+A5HING70N �Ol1N� My Comm. fxp�res Jan.31, 2000 ■VWVWVVVVVVVVWWVWWVV W W W W V �f J ..u--�-,.. �° �-�.<-�.., �-- Nottry Public, Ramsey / Co - �unry, ianesota. Mycommiss3onexpires `lyx_uo....4t 3f a000 I ** Please return this original copy to 140 City Hall, St. Pau1, MN 55102 *" CERTIFICATE OF INTENDED NON-USE THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF SAINT PAUL °l� -1 �,'� � In the Matter of Vacation File # 2-1947 The undersigned hereby certifies, on behalf of the indicated deparanent or company, that it does not intend to exercise its utility rights in the realty described below: that part of Victoria Street lying within the following described line: from the southeast corner of Lot 6, Block 5, The Strand Addition; thence northerly along the east line of the said Lot 6 a distance of 36.Q0 feet to the point of beginning; thence easterly along a line perpendicular to the said east line a distance of 1.50 feet; thence northerly along a line parallel to the said east line a distance of 50.00 feet; thence westerly along a line perpendicular to the said east line a distance of 1.50 feet; thence southerly along said east line a distance of 50.00 feet to the point of beginning, except as here noted: That the vacation and subsequent release of easements shall be temporary, for the life of the encroaching structure only; and the rights of the utility within this described area shall be reinstated upon the removal of the encroachment. STATE OF MINNESOTA COUNTY OF RAMSEY Ttre foregoing by c.r�R l�� of M�(/V.�hA- ) > SS. ) inswmen was ac}�owledged before me lltis �f 4 �� u�er [he laws of [he Sta[e of Minnesota. y�,n � DEBRA KAY HOGEN � . �s' NOTARY PUBLIC-MINNESOTq a ". � . 'a;� MY COMMISSlON EXPIRES �__ _ JANLARY 37, 20J0 My commission expin � l day of _ rnP � IFFlA ** Please return this originaf copy to 140 City Hall, St. Paul, MN 55102 ** Continental Cablevision CERTiFiCATE OF 1NTENDED NON-USE �� - �� `� THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF SAINT PAUL In the Matter of Vacation File # 2-1997 The undersigned hereby certifies, on behalf of the indicated department or company, that it does not intend to exercise its utility rights in the realty described below: that gazt of Victocia Street lying within the following described line: from the southeast corner of Lot 6, Block 5, The Strand Addition; thence northerly along the east line of the said Lot 6 a distance of 36.00 fee[ to the point of beginning; thence easterly along a line perpendicular to the said east line a distance of 1.�0 feet; thence northerly along a line parallel to the said east line a distance of 50.00 feet; thence westerly along a line perpendicular to the said east line a distance of 1.50 feet; thence southerly along said east line a distance of 50.00 feet to the point of beginning. except as here noted: That the vacation and subsequent release of easements shali be temporary, for the life of the encroaching structure only; and the rights of the City within this described area shall be reinstated upon the removal of the encroachment. Department of Public Works STATE OF MIIJNFSOTA COUNTY OF RAMSEY ) > S5. ) The forego�ng instmment was acknowledged before me this � 1� day of bY�'�.�J �T _ GU/u[ .the ��TV ��9'/l��it oF s� -�� v�c �e �e�e.�5 a �1/1 UNi��°�-L. �� _�Poi'v4-77o� undar the laws oF ihe Sta[z ot Minnesota. �M�M/NM� y SHARON HAM�LTON �7�py pt�i ip. fAiFRiE59TA WASMING7GN COt1NTy � Mr Cam�ni�Ne EuD�+•imL 31.20D0 . �l ` No[ary Public, Ramsey Counry, Minneso[a. My comm�ssion expires /'u A �� LCV V D ,�— �� Piease return this original copy to 140 City Hali, St. Paul, MN 55102 ** Its �/7�' FA1r�/itJ��f'�. CERTIFICATE OF fNTENDED NON-USE ��. � �,� � THE HONORABLE MAYOR AND MEMBERS OF THE COi3NCIL OF THE CITY OF SAINT PAUL In the Matter of Vacation File # 2-1997 The undersigned hereby certifies, on behalf of the indicated deparnnent or company, that it does not intend to exercise its utility rights in the realry described below: that part of Victoria Street lying within the foilowing described line: from the southeast comer of Lot 6, Block 5, The Strand Addition; thence northerly along the east line of the said L,ot 6 a distance of 36.00 feet to the point of beginning; thence easteriy along a line perpendicular to the said east line a distance of 1.50 feet; thence northerly along a line pazallel to the said east line a distance of 50.00 feet; thence westerly along a line perpendicular to the said east line a distance of 1.50 feet; thence southerly along said east line a distance of 50.00 feet to the point of beginning. except as here noted: That the vacation and subsequent release of easements shall be temporary, for the life of the encroaching structure only; and the rights of the utility within this described area shall be reinstated upon the removal of the encroachment. SATNT PAIIT. WATfiR iiTTT,TTV Water Utility ItS GENERAL :1ANAGER STATE OF MINNESOTA ) O `/ � i�� > SS. � COUNTY OF RAMSEY � ature The foregoing instrument was aclmowledged before me this 21 s t day of May , 1997, by Bernie R. Bullert ,�he General ManaQer of The Saint Paul Water Utility ,a Municipal corporation of the City of Saint Paul under the laws of the State of Minnesota. 5 0AM/VV � /vVV �MAMn/W��MM,1MnfinM/� a ^ `�( 2:�„ JAIVET M. LINDGREN ? � � ` � � � �� ) j �� NOTARY PUBLIC-NINNESOTA S �i7u'y Public, Ramsey Counry, Minnesota. � �iti�� RAMSEYCOUMY P � ^J/ �� My Camm, Expires Jan. 31, 2000 � M}' CAIDINSSIOU CX iTES �"l w ��f�vv'WWVVWVYYWVV W W W V W W Wy a � ** Please return this original copy to 140 City Hall, St. Paul, MN 55102 *" �filUF?C%t �� v-�:+:i�� Interdepartmental Memorandum CITY OF SAINT PAUL To: All Council MemY}ers ✓�uv�� From: Peter White Right of Way Engineer 140 City Hall Date: ��i�3;j�t: August 7, 1997 TIV1�.�?epar�rn�nt slaca�ia�i ��fe N�: :2 , h�� „ I recommend a public hearing before the City Council be held on ��Lez��ber:lf�,;1997:, F:i:JJ �� - i l�a- The purpose of this vacation is to clear a cloud on the title caused by building encroachment. This property is located in Ciry Council District �, Planning District 6, The subject petition is in proper form and has been signed by the requisite number of property owners. cc: Fran Swanson (297hear) ST. PAUL CITY COUNCIL PUBLIC HEARING NOTICE STREET/ALLEY VACATION NANCY ANDERSON C1TY COUNCiL RESEARCH 310 CITY HALL PURPOSE PETITIONER HEARING QUESTIONS MAP (attached) Notices sent: City Council Ward # 5 Plauning District # 6 �'1-1�'�� File No. 2-1997 to temporarily vacate the City's interest in a part of the west 1.50 feet of Victoria Street adjacent to Lot 6, Block 5, the Strand Addition, also known as 860 Como Avenue, to accommodate a David J• Erickson I The hearing will begin at 4:30 P.M. on Wednesday, Seutember � 10,1997 in the Council Chambers on the third floor of City Hall. , Ca11266-8850 and refer to the �ile number above. City staff will be available unti14:30 in Room 140 City Hall to answer any last-minute question on this project. by Real Estate Division Dept. of Technology and Management Services Room 140 City Hall - Court House Saint Paul, Minnesota 55102 Return copy to: Real Estate Division 140 City Hall �, ,� � � , �, a �, RESOLUTION ;,�� } � , , �, ,— � CITY OF SAINT PAUL, MIN�NESOTA Presented By Referred To Committee: Date RESOLVED, that upon the petition of David 3. Erickson, per Finance Department File Number 2-1997, public properties herinafter described are hereby vacated and discontinued as public property; and, subject to the herein stated exceptions, the easements within those public properties are hereby released. The vacated are is described as follows: That parC of Victoria Street lying within the following described line: From the southeast corner of Lot 6, Block 5, The Strand Addition; thence northerly along the east line of the said Lot 6 a distance of 36.00 feet to the point of beginning; thence easterly along a line perpendicular to the said east line a distance of 1.50 feet; thence northerly along a line parallel to the said east line a distance of 50.00 feet; thence westerly along a line perpendicular to the said east line a distance of 2.00 feet; thence southerly along said east line a distance of 1.50 feet to the point of beginning. This vacation shall be subject to the terms and conditions of Chapter 130, codified March 1, 1981, of the 5aint Paul I.egislative Code as amended, and to the following conditions: 1. That this vacation shall be only temporary. Upon demolition of the encroaching building, the above described property shall revert to public right-of-way, 2. That the petitioner's, their successors and assigns shall pay $500.00 as an administrative fee for this vacation which is due and payable within 60 days of the effective date of this resolution. 3. That with the accompanying Utility Easement Certificates of Iniended Non-Use, filed voluntarily on behalf of U.S. West Communications, Incorporated, Northern States Power Company, District Energy St. Paul, Incorporated, MCI Metro, Continental Cablevision, the Water Utility, and the Department of Public Works, made a part hereof by this reference and filed in the oftiGe of the City Clerk of Saint Paul, the City, for itself and on behalf of these corporations and departments does hererby waive the right to the utility easements in the vacated area described above for the lifetime of the encroaching structure, such easements to be reinstated following demolition of the said structure. Council File # ��'3•. Green Sheet # —\� �� `-� �S q�-i»a- 2 C:7 10 11 12 13 14 9. That the petitioner's their successors, and assigns agree to indemnify, defend and save harmless the City of Saint Paul, its officers, and employees from all suits, actions, or claims of any chazacter brought as a result of injuries or damages received or sustained by any person, persons, or property on account of this vacation or petitioner's use of this property, including but not limited to a claim brought because of any act of omission, neglect, or misconduct of said petitioner or because of any claims or liability arising from any violauon of any law or regulation made in accordance with the law, whether by the petitioner or any of their agents or employees 4. That the petitioner's their successors, and assigns, sfiall within 60 days of the effective date of this resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution and shall within the period(s) specified in the terms and conditions of this resolution, comply in all respects with these terms and conditions. Requested by Department of: Adopted by Council: Date Adopti� Certified by Co�, By: ` Approved by ,yor: Date �i' C��v �- By: �'� L�j/� Technology & Manaeement Services BY: �/�� y ��9n--�li�(� ✓� �irector Form Appro d by City Attomey By: � �*i/s�— !! 6 �� : to Council �.-_ G( 7 - SA�NS pAU4 � AAAA P�TITIf3N TO VAC,ATE CITY INTEREST \'} �-- I(we},fhe utders[gied, con+�� A M°j°�}' oCthe ownexs Cos theic IegaQp desigiwted representativcs) of Uie abukiine propertia, do hcreby r_L':.`e.-. the Coundt o[!he GYry of Sain! Paui to vaeate 3ES intemts In thc P�Pert7Cia)1�gnlly described ss foBows: The West 6 feet of Victoria Street abutting Loi 6, Biocic 5, Th� Str3^d Add'ItiO� to Saint Paul, which lies Southerly of the North line of said Lot 6 extended Easterly 6 feet and and lying Northerly of the South line of said Lot 6 extended Easterly 6 feet. T CN'�) n4� � vacation tor tlie following reasen f3} upon streetdright�of6waylaskshownhonsthensuraeytattachedaheretoul, encroaches I(we) ha�'c attsched sis eopirs of the site plans of �y developmtnt ►n4ended for construciiun on the lands to be t aca2ed. Cantact �'erson N � : Chad D. Lemmons Phona 7?5-9591 ��: 1210 West County Road E Arden Hills, MN 55112 Person(s) responsible for gsayiment vacation fee and far acceptAnce of tarms and conditions of the vacation: Of the N �,�_ David J. Erickson �,o�: y�y .� �s � A �, R50 C.omo Avenue St. Paui, MN 55103 Altanate Cotriaat Pason TFame: Pbone: Addresz N�: Address: x��• ��: � � . 4_v.��_� t � ',; Signatures of Owner(s)fRepresentative(s) of Prapesty{ies) �elaw: �,� .�.�-J^-�� , kay Tischler Erickson omo ve. t a ul MN 55103 �, I,JqJ 1� � c� f t C��= am the petilioner, or one of fhc pctilioncrs in the above matter� and I do hcrc6y swcar and veti(y thai wch aflha ' aAU pdiUOn was signett in my prtscnce by4�o peraon deseiSbed in the pet'stiosL n. ,��n� . .�—�� suhsaa"hed aua swom w befo au fhis � day of I� P C'� d�t �� . 199� `��" C (ivvurY) y - 6 --� MA�K G. LENTSCH 3 -� NOTARYPU9LIC-MINWESOTR � �• ��Ay Comm. Expires J�. 37, 200C� �Si�O'd SS88 �'�' 31ti153 �d3�J "1tlCd 15 (<alin<f-lOav�J BZ:6� 9b6S-L£-1�D ��t -�� a- OWNERSHIP REPORT CAPI'I'AL TTTLE CORPORATION, dces hereby certify that it has searched the record in the Real Estate Division in the Office of the County Recorder in and for the County of RAMSEY, State of Minnesota and from search fmds that the following are the last apparent record owners of: Lots 4, 5 and 5, except the West 55 feet of Lots 4 and 5, Block 5, The Strand Addition to St. Paul. ABSTRACT PROPERTY Owners: David James Erickson and Kay Tischler Erickson, as joint tenants. Joshua L. Tilsen and Faith A. Latimer, husband and wife to David James Erickson and Kay Tischler Erickson, as joint tenants Warranty Deed Dated October 3Q 1996 Filed November 27, 1996 Document Nutnber 2966343 Lots 4, 5 and 6, except the West 55 feet of Lots 4 and 5, Block 5, The Strand Addition to St. Paul. NOTE: This report is not to be construed as a legal opinion of Tide. Wimess the signature of an authorized officer of the said Company this 27th day of Januazy, 1997 at 8:00 a.m. CAPITAL TTTLE CORPORATION � ' � � i : -. - i ' � � V� 1�� ""�T'� . -" . , .. ,� . , .. � __ ' O � .'`.ci'=;^( `� d. � •�;�• l I "�. ';. _��: r ,�.:�,- . . : . .. . , .... . ; , , � . . . , � ,�,,:. ,: �_:`,,:: , '; �-:��: � , . : � � � � � � ,.' � :; -5:;:;= � � , � � � � , � • 1 , - � � :,r � � 1 � 1 � I � 1 � 'i�,,:' i:K, Z 3 ., :,, ;:r; f s � z 3� q s -: M �� , x :;. . ._ ._. . .. _.___;_ �' . �� ;i=: fo . ,, yo Zo yo �► � � � - `��' �.;� � : i � a ,n ., _ _ _ _ � — ..._ � 1 �' ^ _... _ ; : � � � �.,: —• .. "� '_ . " �.: _ ': rY ; •;�, . ;i . � � ^�".- �' 1� . � .. - _ .. .. ,'.�. ':;.°..:: � c� c� AvE� �� ::.��k - 5;:=: : �. . ��. � � a�->>:� � � • -•— — — — — — —. �A -- — — — — — — .... � — — — — — — - — f ` ... ��>'� y� � `� 7/'�� ;_�* _;�, �'� C 4+' ' . •' � s,. �•.' < :x ° c:: ti. ':r;: r iv. � .: � y �'�'. . '�. } ( y � ia4�'..: °�1 � ��'S �--° � w r z w � Q ti W � T W p�' C ti � w .� - � � � - _� � - 1� �w N m N o p{� N 3 ,L1,ZZ,poS o - ' —69'£ll-- sos� aa�ac 05'9�,�� oas� � -- ( 9 � ,3 N } I N 9Nill3Ma �N J 9s��s�%3 0 � J � m7Q 02'9 M � 6L'0£ / i 4p � - '1- �' `�-° 3 I �_ ---oo�>u— j � 'v � � ° $ i, t o `o a v c ° a E c_ ° u q �.� O9 O c 3 � - F p �. c � - ° E B � c 'o 0 � c � 0 o u� �v o '�� z��,'� a5 ^ o � ^ o'z =°�,y� - � = _� � �z� y N ✓1 N J F`� .� rj t'1 _ � 0 � a _ W - o 0 ri C a.� � q � � v � 9� y E u � ? N J L � O w `�m a -� oa u F � za �� z_ " �4 �h .�� z� o a L� m p c � EZ O' uo ��_? � Q_ ��., Q �o,�. � zoa�s� Q_ �_ � � -� J_41 W L N F � z z c wl V �V ° � �. Q" � ti H O � w� E Z �( t�l 4 K C 0 c4 � �� c 0 � U C u N � Q � z F S c < z o a� U �n /+ a �� o= J �" ¢ li � IL c J J CERTIFICATE OF INTENDED NON-USE �`� `� �� THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF SAINT PAUL In the Matter of Vacation File # 2-1997 The undersigned hereby certifies, on behalf of the indicated depaztment or company, that it does not intend to exercise its utility rights in the realty described below: that part of Victoria Street lying within the following described line: from the southeast comer of I.ot 6, Block 5, The Strand Addition; thence northerly along the east line of the said I.ot 6 a distance af 36.00 feet to the point of beginning; thence easterly along a line perpendiculaz to tfie said east line a distance of 1.50 feet; thence northerly along a line pazallel to the saict east line a distance of 50.00 feet; thence westerly along a line perpendicular to the said east line a distance of 1.50 feet; thence southerly aiong saiu eas� une a lisianc.. �i Su vur feei io Yue puint oi beginning. except as here noted: �LCEI`�� That the vacation and subsequent release of easements shall be temporar'y, �or�he"' lz€� g`f the encroaching structure only; and the rights of the utility witbin this desc}ihed area shall be t'� GSinlL I�,�f(�:Q�i reinstated upon the removal of the encroachment. US West Communications Iy� Field Engineer STATE OF MINNESOTA ) � > SS. COUN1'Y OF RAMSEY ) j G� � 1—t ignature � The foregoipg instrument was ac}aowledged before me th"s 2 2 n d day of M a Y , lyy�, by of Bruce J. Sundber U S WEST Communications Field Engineer Corporation under the laws of tbe State of � 0 � O Y' d d 0. ; �s. ��.;. �.. ��. Y � �� 1�L ` � Naary Public, Ramsey Co�mty, M" ora. My connnission expires 1 j 31 / 2 Q 0 0 ** Piease return this originat copy to 140 City Hall, St. Paui, MN 55102 '` " CERTIFICATE OF INTENDED NON-USE 4'1 _��-- THE HONORABLE MAYOR AND MEMBERS OF TFIE COIINC7L OF T'HE In the Matter of CITY OF SAINT PAUL Vacation File # 2-1997 The undersigned hereby certifies, on behalf of the indicated department or company, that it does not intend to �ercise its utility rights in the realty described below: that part of Victoria Street lying within the following described line: from the southeast comer of Lot 6, Block 5, The Strand Addition; thence northerly along the east ]ine of the said Lot 6 a distance of 36.00 feet to the point of beginning; thence easterly along a line perpendicular to the said east line a distance of 1.50 feet; thence northerly along a line parallel to the said east line a distance of 50.00 feet; thence westerly along a]ine perpendicular to the said east line a distance of 1.50 feet; thence southerly along said east line a distance of 50.00 feet to the point of beginning. except as here noted: That the vacation and subsequent release of easements shall be temporary, for the life of the encroaching structure only; and the rights of the utility within this described area shall be reinstated upon the removal of the encroachment. Bernard E. Gille N.S.P. - Electric Division Its Customer` Service Desian Coordinator STATE OF MINNESOTA ) � - /"� ('"� �Y � > SS. � / �.. �E-" couivTY oF x.aMSav ) Signature The foregoing inswment was acknowledged be£ore me [his � 7} h day of 7� �� , 1997, —°�"'� by ,��//�20 � G/LL� ,the CclsT- S��, IJ�S(6�/ G[ of �{��S'� �O�'1��/V`f .a �O��O�fl under the laws of the Sfate of Minneso[a. My commission expires ��4 0` �o�N �zZm ��0� Z�Um W�y'°, W � J u; _�� rc� �, goCCci ** Please return this original copy to 140 City Hail, St. Paul, MN 55102 , ` CERTIFICATE OF INTENDED NON-USE °� �j - j�'J d•._ THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF SAINT PAUL In the Matter of Vacation File # 2-1997 The undersigned hereby certifies, on behalf of the indicated department or company, that it does not intend to exercise its utility rights in the realty described below: that part of Victoria Street lying within the following described line: from the southeast corner of Lot 6, Block 5, The Strand Addition; thence northerly along the east line of the said I.ot 6 a distance of 36.00 feet to the point of beginning; thence easterly along a line perpendicular to the said east line a distance of 1.50 feet; thence northerly along a line pazallel to the said east line a distance of SQ.00 feet; thence westerly along a line perpendiculaz to the said east line a distance of 1.50 feet; thence southerly along said east line a distance of 50.00 feet to ihe point of beginning. except as here noted: That the vacation and subsequent release of easements shall be temporary, for the life of the encroaching structure oniy; and the rights of the utility within this described area shall be reinstated upon the removal of the encroachment. STATE OF MINNESOTA COUNTY OF RAMSEY �y unde� che ]aws of the State of Minnuota. before me this �� day of � , 1997, ,rhe �%,� / �Q � % U.� - b'!�S` ✓�i�L',il.vE'f.fi,i�� "�6 , a ��`'lj/Z(/�.e� C�.Z 2�i'� My comroission expir� ** Please return this original cop� ) > SS. ) N.S.P. - Gas Distribution CERTIFICATE OF INTENDED NON-USE q'1-1 \ � a--- THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF SAINT PAUL In the Matter of Vacation File # �1997 The undersigned hereby certifies, on behalf of the indicated department or company, that it does not intend to exercise its utility rights in the realry described below: that part of Victoria Street lying within the following described line: from the southeast corner of L,ot 6, Block 5, The Strand Addifion; thence northerly along the east line of the said Lot 6 a distance of 36.00 feet to the point of beginning; thence easterly along a line perpendicular to the said east line a distance of 1.50 feet; thence northerly along a line parallel to the said east line a distance of 50.00 feet; thence westerly along a line perpendiculaz to the said east line a distance of 1.50 feet; thence southerly along said east line a distance of 50.00 feet to the point of beginning. except as here noted: DISTRICT ENERGY S7. PAUL, INC., AND DISTRICT COOLING ST. PAUL, INC., HA�E NO '1�h�� and en� re� o�e shall b� the IV�Co�Tt�ON. encroaching structure only; and the rights of the utility within this described area shail be reinstated upon the removal of the encroachment. �ECE9V� [� '� � ��N°� n"4i ESi;47c D;ViS10l� � h�.�.s � . � �, (�.i� District Energy and Coolin t. Paul, Inc. Its �P`�.Fj��E�, � STATE OF MINNESOTA ) f � � �� `—CO'_`^ � > SS. COUN'I'Y OF 2AMSEY ) �� Signature The foregoing mstrument was aclmowledged before me this _�� ` day of �� , 1997, by / N �-U'S V � c. e+,��-r the ��/'CS i c�s��' os � i s �' E�a,,•a.. �s4-. �c.� , a A r( u�, r+ar, - nro-��-�- c.o t� no v-n�ti m- under the laws of ffie Statz of Minnesota. nn.'�nM�nnnrtrnsn�n�nnn�rv9,A�.nn,v.nhP,�R � � TR'.5^Y i.. S4iER4"1000 S' < � s, �;`° �:,s;��r =a:,�..�_ ' �� y`� s � �� t0.+A5HING70N �Ol1N� My Comm. fxp�res Jan.31, 2000 ■VWVWVVVVVVVVWWVWWVV W W W W V �f J ..u--�-,.. �° �-�.<-�.., �-- Nottry Public, Ramsey / Co - �unry, ianesota. Mycommiss3onexpires `lyx_uo....4t 3f a000 I ** Please return this original copy to 140 City Hall, St. Pau1, MN 55102 *" CERTIFICATE OF INTENDED NON-USE THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF SAINT PAUL °l� -1 �,'� � In the Matter of Vacation File # 2-1947 The undersigned hereby certifies, on behalf of the indicated deparanent or company, that it does not intend to exercise its utility rights in the realty described below: that part of Victoria Street lying within the following described line: from the southeast corner of Lot 6, Block 5, The Strand Addition; thence northerly along the east line of the said Lot 6 a distance of 36.Q0 feet to the point of beginning; thence easterly along a line perpendicular to the said east line a distance of 1.50 feet; thence northerly along a line parallel to the said east line a distance of 50.00 feet; thence westerly along a line perpendicular to the said east line a distance of 1.50 feet; thence southerly along said east line a distance of 50.00 feet to the point of beginning, except as here noted: That the vacation and subsequent release of easements shall be temporary, for the life of the encroaching structure only; and the rights of the utility within this described area shall be reinstated upon the removal of the encroachment. STATE OF MINNESOTA COUNTY OF RAMSEY Ttre foregoing by c.r�R l�� of M�(/V.�hA- ) > SS. ) inswmen was ac}�owledged before me lltis �f 4 �� u�er [he laws of [he Sta[e of Minnesota. y�,n � DEBRA KAY HOGEN � . �s' NOTARY PUBLIC-MINNESOTq a ". � . 'a;� MY COMMISSlON EXPIRES �__ _ JANLARY 37, 20J0 My commission expin � l day of _ rnP � IFFlA ** Please return this originaf copy to 140 City Hall, St. Paul, MN 55102 ** Continental Cablevision CERTiFiCATE OF 1NTENDED NON-USE �� - �� `� THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF SAINT PAUL In the Matter of Vacation File # 2-1997 The undersigned hereby certifies, on behalf of the indicated department or company, that it does not intend to exercise its utility rights in the realty described below: that gazt of Victocia Street lying within the following described line: from the southeast corner of Lot 6, Block 5, The Strand Addition; thence northerly along the east line of the said Lot 6 a distance of 36.00 fee[ to the point of beginning; thence easterly along a line perpendicular to the said east line a distance of 1.�0 feet; thence northerly along a line parallel to the said east line a distance of 50.00 feet; thence westerly along a line perpendicular to the said east line a distance of 1.50 feet; thence southerly along said east line a distance of 50.00 feet to the point of beginning. except as here noted: That the vacation and subsequent release of easements shali be temporary, for the life of the encroaching structure only; and the rights of the City within this described area shall be reinstated upon the removal of the encroachment. Department of Public Works STATE OF MIIJNFSOTA COUNTY OF RAMSEY ) > S5. ) The forego�ng instmment was acknowledged before me this � 1� day of bY�'�.�J �T _ GU/u[ .the ��TV ��9'/l��it oF s� -�� v�c �e �e�e.�5 a �1/1 UNi��°�-L. �� _�Poi'v4-77o� undar the laws oF ihe Sta[z ot Minnesota. �M�M/NM� y SHARON HAM�LTON �7�py pt�i ip. fAiFRiE59TA WASMING7GN COt1NTy � Mr Cam�ni�Ne EuD�+•imL 31.20D0 . �l ` No[ary Public, Ramsey Counry, Minneso[a. My comm�ssion expires /'u A �� LCV V D ,�— �� Piease return this original copy to 140 City Hali, St. Paul, MN 55102 ** Its �/7�' FA1r�/itJ��f'�. CERTIFICATE OF fNTENDED NON-USE ��. � �,� � THE HONORABLE MAYOR AND MEMBERS OF THE COi3NCIL OF THE CITY OF SAINT PAUL In the Matter of Vacation File # 2-1997 The undersigned hereby certifies, on behalf of the indicated deparnnent or company, that it does not intend to exercise its utility rights in the realry described below: that part of Victoria Street lying within the foilowing described line: from the southeast comer of Lot 6, Block 5, The Strand Addition; thence northerly along the east line of the said L,ot 6 a distance of 36.00 feet to the point of beginning; thence easteriy along a line perpendicular to the said east line a distance of 1.50 feet; thence northerly along a line pazallel to the said east line a distance of 50.00 feet; thence westerly along a line perpendicular to the said east line a distance of 1.50 feet; thence southerly along said east line a distance of 50.00 feet to the point of beginning. except as here noted: That the vacation and subsequent release of easements shall be temporary, for the life of the encroaching structure only; and the rights of the utility within this described area shall be reinstated upon the removal of the encroachment. SATNT PAIIT. WATfiR iiTTT,TTV Water Utility ItS GENERAL :1ANAGER STATE OF MINNESOTA ) O `/ � i�� > SS. � COUNTY OF RAMSEY � ature The foregoing instrument was aclmowledged before me this 21 s t day of May , 1997, by Bernie R. Bullert ,�he General ManaQer of The Saint Paul Water Utility ,a Municipal corporation of the City of Saint Paul under the laws of the State of Minnesota. 5 0AM/VV � /vVV �MAMn/W��MM,1MnfinM/� a ^ `�( 2:�„ JAIVET M. LINDGREN ? � � ` � � � �� ) j �� NOTARY PUBLIC-NINNESOTA S �i7u'y Public, Ramsey Counry, Minnesota. � �iti�� RAMSEYCOUMY P � ^J/ �� My Camm, Expires Jan. 31, 2000 � M}' CAIDINSSIOU CX iTES �"l w ��f�vv'WWVVWVYYWVV W W W V W W Wy a � ** Please return this original copy to 140 City Hall, St. Paul, MN 55102 *" �filUF?C%t �� v-�:+:i�� Interdepartmental Memorandum CITY OF SAINT PAUL To: All Council MemY}ers ✓�uv�� From: Peter White Right of Way Engineer 140 City Hall Date: ��i�3;j�t: August 7, 1997 TIV1�.�?epar�rn�nt slaca�ia�i ��fe N�: :2 , h�� „ I recommend a public hearing before the City Council be held on ��Lez��ber:lf�,;1997:, F:i:JJ �� - i l�a- The purpose of this vacation is to clear a cloud on the title caused by building encroachment. This property is located in Ciry Council District �, Planning District 6, The subject petition is in proper form and has been signed by the requisite number of property owners. cc: Fran Swanson (297hear) ST. PAUL CITY COUNCIL PUBLIC HEARING NOTICE STREET/ALLEY VACATION NANCY ANDERSON C1TY COUNCiL RESEARCH 310 CITY HALL PURPOSE PETITIONER HEARING QUESTIONS MAP (attached) Notices sent: City Council Ward # 5 Plauning District # 6 �'1-1�'�� File No. 2-1997 to temporarily vacate the City's interest in a part of the west 1.50 feet of Victoria Street adjacent to Lot 6, Block 5, the Strand Addition, also known as 860 Como Avenue, to accommodate a David J• Erickson I The hearing will begin at 4:30 P.M. on Wednesday, Seutember � 10,1997 in the Council Chambers on the third floor of City Hall. , Ca11266-8850 and refer to the �ile number above. City staff will be available unti14:30 in Room 140 City Hall to answer any last-minute question on this project. by Real Estate Division Dept. of Technology and Management Services Room 140 City Hall - Court House Saint Paul, Minnesota 55102 Return copy to: Real Estate Division 140 City Hall �, ,� � � , �, a �, RESOLUTION ;,�� } � , , �, ,— � CITY OF SAINT PAUL, MIN�NESOTA Presented By Referred To Committee: Date RESOLVED, that upon the petition of David 3. Erickson, per Finance Department File Number 2-1997, public properties herinafter described are hereby vacated and discontinued as public property; and, subject to the herein stated exceptions, the easements within those public properties are hereby released. The vacated are is described as follows: That parC of Victoria Street lying within the following described line: From the southeast corner of Lot 6, Block 5, The Strand Addition; thence northerly along the east line of the said Lot 6 a distance of 36.00 feet to the point of beginning; thence easterly along a line perpendicular to the said east line a distance of 1.50 feet; thence northerly along a line parallel to the said east line a distance of 50.00 feet; thence westerly along a line perpendicular to the said east line a distance of 2.00 feet; thence southerly along said east line a distance of 1.50 feet to the point of beginning. This vacation shall be subject to the terms and conditions of Chapter 130, codified March 1, 1981, of the 5aint Paul I.egislative Code as amended, and to the following conditions: 1. That this vacation shall be only temporary. Upon demolition of the encroaching building, the above described property shall revert to public right-of-way, 2. That the petitioner's, their successors and assigns shall pay $500.00 as an administrative fee for this vacation which is due and payable within 60 days of the effective date of this resolution. 3. That with the accompanying Utility Easement Certificates of Iniended Non-Use, filed voluntarily on behalf of U.S. West Communications, Incorporated, Northern States Power Company, District Energy St. Paul, Incorporated, MCI Metro, Continental Cablevision, the Water Utility, and the Department of Public Works, made a part hereof by this reference and filed in the oftiGe of the City Clerk of Saint Paul, the City, for itself and on behalf of these corporations and departments does hererby waive the right to the utility easements in the vacated area described above for the lifetime of the encroaching structure, such easements to be reinstated following demolition of the said structure. Council File # ��'3•. Green Sheet # —\� �� `-� �S q�-i»a- 2 C:7 10 11 12 13 14 9. That the petitioner's their successors, and assigns agree to indemnify, defend and save harmless the City of Saint Paul, its officers, and employees from all suits, actions, or claims of any chazacter brought as a result of injuries or damages received or sustained by any person, persons, or property on account of this vacation or petitioner's use of this property, including but not limited to a claim brought because of any act of omission, neglect, or misconduct of said petitioner or because of any claims or liability arising from any violauon of any law or regulation made in accordance with the law, whether by the petitioner or any of their agents or employees 4. That the petitioner's their successors, and assigns, sfiall within 60 days of the effective date of this resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution and shall within the period(s) specified in the terms and conditions of this resolution, comply in all respects with these terms and conditions. Requested by Department of: Adopted by Council: Date Adopti� Certified by Co�, By: ` Approved by ,yor: Date �i' C��v �- By: �'� L�j/� Technology & Manaeement Services BY: �/�� y ��9n--�li�(� ✓� �irector Form Appro d by City Attomey By: � �*i/s�— !! 6 �� : to Council �.-_ G( 7 - SA�NS pAU4 � AAAA P�TITIf3N TO VAC,ATE CITY INTEREST \'} �-- I(we},fhe utders[gied, con+�� A M°j°�}' oCthe ownexs Cos theic IegaQp desigiwted representativcs) of Uie abukiine propertia, do hcreby r_L':.`e.-. the Coundt o[!he GYry of Sain! Paui to vaeate 3ES intemts In thc P�Pert7Cia)1�gnlly described ss foBows: The West 6 feet of Victoria Street abutting Loi 6, Biocic 5, Th� Str3^d Add'ItiO� to Saint Paul, which lies Southerly of the North line of said Lot 6 extended Easterly 6 feet and and lying Northerly of the South line of said Lot 6 extended Easterly 6 feet. T CN'�) n4� � vacation tor tlie following reasen f3} upon streetdright�of6waylaskshownhonsthensuraeytattachedaheretoul, encroaches I(we) ha�'c attsched sis eopirs of the site plans of �y developmtnt ►n4ended for construciiun on the lands to be t aca2ed. Cantact �'erson N � : Chad D. Lemmons Phona 7?5-9591 ��: 1210 West County Road E Arden Hills, MN 55112 Person(s) responsible for gsayiment vacation fee and far acceptAnce of tarms and conditions of the vacation: Of the N �,�_ David J. Erickson �,o�: y�y .� �s � A �, R50 C.omo Avenue St. Paui, MN 55103 Altanate Cotriaat Pason TFame: Pbone: Addresz N�: Address: x��• ��: � � . 4_v.��_� t � ',; Signatures of Owner(s)fRepresentative(s) of Prapesty{ies) �elaw: �,� .�.�-J^-�� , kay Tischler Erickson omo ve. t a ul MN 55103 �, I,JqJ 1� � c� f t C��= am the petilioner, or one of fhc pctilioncrs in the above matter� and I do hcrc6y swcar and veti(y thai wch aflha ' aAU pdiUOn was signett in my prtscnce by4�o peraon deseiSbed in the pet'stiosL n. ,��n� . .�—�� suhsaa"hed aua swom w befo au fhis � day of I� P C'� d�t �� . 199� `��" C (ivvurY) y - 6 --� MA�K G. LENTSCH 3 -� NOTARYPU9LIC-MINWESOTR � �• ��Ay Comm. Expires J�. 37, 200C� �Si�O'd SS88 �'�' 31ti153 �d3�J "1tlCd 15 (<alin<f-lOav�J BZ:6� 9b6S-L£-1�D ��t -�� a- OWNERSHIP REPORT CAPI'I'AL TTTLE CORPORATION, dces hereby certify that it has searched the record in the Real Estate Division in the Office of the County Recorder in and for the County of RAMSEY, State of Minnesota and from search fmds that the following are the last apparent record owners of: Lots 4, 5 and 5, except the West 55 feet of Lots 4 and 5, Block 5, The Strand Addition to St. Paul. ABSTRACT PROPERTY Owners: David James Erickson and Kay Tischler Erickson, as joint tenants. Joshua L. Tilsen and Faith A. Latimer, husband and wife to David James Erickson and Kay Tischler Erickson, as joint tenants Warranty Deed Dated October 3Q 1996 Filed November 27, 1996 Document Nutnber 2966343 Lots 4, 5 and 6, except the West 55 feet of Lots 4 and 5, Block 5, The Strand Addition to St. Paul. NOTE: This report is not to be construed as a legal opinion of Tide. Wimess the signature of an authorized officer of the said Company this 27th day of Januazy, 1997 at 8:00 a.m. CAPITAL TTTLE CORPORATION � ' � � i : -. - i ' � � V� 1�� ""�T'� . -" . , .. ,� . , .. � __ ' O � .'`.ci'=;^( `� d. � •�;�• l I "�. ';. _��: r ,�.:�,- . . : . .. . , .... . ; , , � . . . , � ,�,,:. ,: �_:`,,:: , '; �-:��: � , . : � � � � � � ,.' � :; -5:;:;= � � , � � � � , � • 1 , - � � :,r � � 1 � 1 � I � 1 � 'i�,,:' i:K, Z 3 ., :,, ;:r; f s � z 3� q s -: M �� , x :;. . ._ ._. . .. _.___;_ �' . �� ;i=: fo . ,, yo Zo yo �► � � � - `��' �.;� � : i � a ,n ., _ _ _ _ � — ..._ � 1 �' ^ _... _ ; : � � � �.,: —• .. "� '_ . " �.: _ ': rY ; •;�, . ;i . � � ^�".- �' 1� . � .. - _ .. .. ,'.�. ':;.°..:: � c� c� AvE� �� ::.��k - 5;:=: : �. . ��. � � a�->>:� � � • -•— — — — — — —. �A -- — — — — — — .... � — — — — — — - — f ` ... ��>'� y� � `� 7/'�� ;_�* _;�, �'� C 4+' ' . •' � s,. �•.' < :x ° c:: ti. ':r;: r iv. � .: � y �'�'. . '�. } ( y � ia4�'..: °�1 � ��'S �--° � w r z w � Q ti W � T W p�' C ti � w .� - � � � - _� � - 1� �w N m N o p{� N 3 ,L1,ZZ,poS o - ' —69'£ll-- sos� aa�ac 05'9�,�� oas� � -- ( 9 � ,3 N } I N 9Nill3Ma �N J 9s��s�%3 0 � J � m7Q 02'9 M � 6L'0£ / i 4p � - '1- �' `�-° 3 I �_ ---oo�>u— j � 'v � � ° $ i, t o `o a v c ° a E c_ ° u q �.� O9 O c 3 � - F p �. c � - ° E B � c 'o 0 � c � 0 o u� �v o '�� z��,'� a5 ^ o � ^ o'z =°�,y� - � = _� � �z� y N ✓1 N J F`� .� rj t'1 _ � 0 � a _ W - o 0 ri C a.� � q � � v � 9� y E u � ? N J L � O w `�m a -� oa u F � za �� z_ " �4 �h .�� z� o a L� m p c � EZ O' uo ��_? � Q_ ��., Q �o,�. � zoa�s� Q_ �_ � � -� J_41 W L N F � z z c wl V �V ° � �. Q" � ti H O � w� E Z �( t�l 4 K C 0 c4 � �� c 0 � U C u N � Q � z F S c < z o a� U �n /+ a �� o= J �" ¢ li � IL c J J CERTIFICATE OF INTENDED NON-USE �`� `� �� THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF SAINT PAUL In the Matter of Vacation File # 2-1997 The undersigned hereby certifies, on behalf of the indicated depaztment or company, that it does not intend to exercise its utility rights in the realty described below: that part of Victoria Street lying within the following described line: from the southeast comer of I.ot 6, Block 5, The Strand Addition; thence northerly along the east line of the said I.ot 6 a distance af 36.00 feet to the point of beginning; thence easterly along a line perpendiculaz to tfie said east line a distance of 1.50 feet; thence northerly along a line pazallel to the saict east line a distance of 50.00 feet; thence westerly along a line perpendicular to the said east line a distance of 1.50 feet; thence southerly aiong saiu eas� une a lisianc.. �i Su vur feei io Yue puint oi beginning. except as here noted: �LCEI`�� That the vacation and subsequent release of easements shall be temporar'y, �or�he"' lz€� g`f the encroaching structure only; and the rights of the utility witbin this desc}ihed area shall be t'� GSinlL I�,�f(�:Q�i reinstated upon the removal of the encroachment. US West Communications Iy� Field Engineer STATE OF MINNESOTA ) � > SS. COUN1'Y OF RAMSEY ) j G� � 1—t ignature � The foregoipg instrument was ac}aowledged before me th"s 2 2 n d day of M a Y , lyy�, by of Bruce J. Sundber U S WEST Communications Field Engineer Corporation under the laws of tbe State of � 0 � O Y' d d 0. ; �s. ��.;. �.. ��. Y � �� 1�L ` � Naary Public, Ramsey Co�mty, M" ora. My connnission expires 1 j 31 / 2 Q 0 0 ** Piease return this originat copy to 140 City Hall, St. Paui, MN 55102 '` " CERTIFICATE OF INTENDED NON-USE 4'1 _��-- THE HONORABLE MAYOR AND MEMBERS OF TFIE COIINC7L OF T'HE In the Matter of CITY OF SAINT PAUL Vacation File # 2-1997 The undersigned hereby certifies, on behalf of the indicated department or company, that it does not intend to �ercise its utility rights in the realty described below: that part of Victoria Street lying within the following described line: from the southeast comer of Lot 6, Block 5, The Strand Addition; thence northerly along the east ]ine of the said Lot 6 a distance of 36.00 feet to the point of beginning; thence easterly along a line perpendicular to the said east line a distance of 1.50 feet; thence northerly along a line parallel to the said east line a distance of 50.00 feet; thence westerly along a]ine perpendicular to the said east line a distance of 1.50 feet; thence southerly along said east line a distance of 50.00 feet to the point of beginning. except as here noted: That the vacation and subsequent release of easements shall be temporary, for the life of the encroaching structure only; and the rights of the utility within this described area shall be reinstated upon the removal of the encroachment. Bernard E. Gille N.S.P. - Electric Division Its Customer` Service Desian Coordinator STATE OF MINNESOTA ) � - /"� ('"� �Y � > SS. � / �.. �E-" couivTY oF x.aMSav ) Signature The foregoing inswment was acknowledged be£ore me [his � 7} h day of 7� �� , 1997, —°�"'� by ,��//�20 � G/LL� ,the CclsT- S��, IJ�S(6�/ G[ of �{��S'� �O�'1��/V`f .a �O��O�fl under the laws of the Sfate of Minneso[a. My commission expires ��4 0` �o�N �zZm ��0� Z�Um W�y'°, W � J u; _�� rc� �, goCCci ** Please return this original copy to 140 City Hail, St. Paul, MN 55102 , ` CERTIFICATE OF INTENDED NON-USE °� �j - j�'J d•._ THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF SAINT PAUL In the Matter of Vacation File # 2-1997 The undersigned hereby certifies, on behalf of the indicated department or company, that it does not intend to exercise its utility rights in the realty described below: that part of Victoria Street lying within the following described line: from the southeast corner of Lot 6, Block 5, The Strand Addition; thence northerly along the east line of the said I.ot 6 a distance of 36.00 feet to the point of beginning; thence easterly along a line perpendicular to the said east line a distance of 1.50 feet; thence northerly along a line pazallel to the said east line a distance of SQ.00 feet; thence westerly along a line perpendiculaz to the said east line a distance of 1.50 feet; thence southerly along said east line a distance of 50.00 feet to ihe point of beginning. except as here noted: That the vacation and subsequent release of easements shall be temporary, for the life of the encroaching structure oniy; and the rights of the utility within this described area shall be reinstated upon the removal of the encroachment. STATE OF MINNESOTA COUNTY OF RAMSEY �y unde� che ]aws of the State of Minnuota. before me this �� day of � , 1997, ,rhe �%,� / �Q � % U.� - b'!�S` ✓�i�L',il.vE'f.fi,i�� "�6 , a ��`'lj/Z(/�.e� C�.Z 2�i'� My comroission expir� ** Please return this original cop� ) > SS. ) N.S.P. - Gas Distribution CERTIFICATE OF INTENDED NON-USE q'1-1 \ � a--- THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF SAINT PAUL In the Matter of Vacation File # �1997 The undersigned hereby certifies, on behalf of the indicated department or company, that it does not intend to exercise its utility rights in the realry described below: that part of Victoria Street lying within the following described line: from the southeast corner of L,ot 6, Block 5, The Strand Addifion; thence northerly along the east line of the said Lot 6 a distance of 36.00 feet to the point of beginning; thence easterly along a line perpendicular to the said east line a distance of 1.50 feet; thence northerly along a line parallel to the said east line a distance of 50.00 feet; thence westerly along a line perpendiculaz to the said east line a distance of 1.50 feet; thence southerly along said east line a distance of 50.00 feet to the point of beginning. except as here noted: DISTRICT ENERGY S7. PAUL, INC., AND DISTRICT COOLING ST. PAUL, INC., HA�E NO '1�h�� and en� re� o�e shall b� the IV�Co�Tt�ON. encroaching structure only; and the rights of the utility within this described area shail be reinstated upon the removal of the encroachment. �ECE9V� [� '� � ��N°� n"4i ESi;47c D;ViS10l� � h�.�.s � . � �, (�.i� District Energy and Coolin t. Paul, Inc. Its �P`�.Fj��E�, � STATE OF MINNESOTA ) f � � �� `—CO'_`^ � > SS. COUN'I'Y OF 2AMSEY ) �� Signature The foregoing mstrument was aclmowledged before me this _�� ` day of �� , 1997, by / N �-U'S V � c. e+,��-r the ��/'CS i c�s��' os � i s �' E�a,,•a.. �s4-. �c.� , a A r( u�, r+ar, - nro-��-�- c.o t� no v-n�ti m- under the laws of ffie Statz of Minnesota. nn.'�nM�nnnrtrnsn�n�nnn�rv9,A�.nn,v.nhP,�R � � TR'.5^Y i.. S4iER4"1000 S' < � s, �;`° �:,s;��r =a:,�..�_ ' �� y`� s � �� t0.+A5HING70N �Ol1N� My Comm. fxp�res Jan.31, 2000 ■VWVWVVVVVVVVWWVWWVV W W W W V �f J ..u--�-,.. �° �-�.<-�.., �-- Nottry Public, Ramsey / Co - �unry, ianesota. Mycommiss3onexpires `lyx_uo....4t 3f a000 I ** Please return this original copy to 140 City Hall, St. Pau1, MN 55102 *" CERTIFICATE OF INTENDED NON-USE THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF SAINT PAUL °l� -1 �,'� � In the Matter of Vacation File # 2-1947 The undersigned hereby certifies, on behalf of the indicated deparanent or company, that it does not intend to exercise its utility rights in the realty described below: that part of Victoria Street lying within the following described line: from the southeast corner of Lot 6, Block 5, The Strand Addition; thence northerly along the east line of the said Lot 6 a distance of 36.Q0 feet to the point of beginning; thence easterly along a line perpendicular to the said east line a distance of 1.50 feet; thence northerly along a line parallel to the said east line a distance of 50.00 feet; thence westerly along a line perpendicular to the said east line a distance of 1.50 feet; thence southerly along said east line a distance of 50.00 feet to the point of beginning, except as here noted: That the vacation and subsequent release of easements shall be temporary, for the life of the encroaching structure only; and the rights of the utility within this described area shall be reinstated upon the removal of the encroachment. STATE OF MINNESOTA COUNTY OF RAMSEY Ttre foregoing by c.r�R l�� of M�(/V.�hA- ) > SS. ) inswmen was ac}�owledged before me lltis �f 4 �� u�er [he laws of [he Sta[e of Minnesota. y�,n � DEBRA KAY HOGEN � . �s' NOTARY PUBLIC-MINNESOTq a ". � . 'a;� MY COMMISSlON EXPIRES �__ _ JANLARY 37, 20J0 My commission expin � l day of _ rnP � IFFlA ** Please return this originaf copy to 140 City Hall, St. Paul, MN 55102 ** Continental Cablevision CERTiFiCATE OF 1NTENDED NON-USE �� - �� `� THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF SAINT PAUL In the Matter of Vacation File # 2-1997 The undersigned hereby certifies, on behalf of the indicated department or company, that it does not intend to exercise its utility rights in the realty described below: that gazt of Victocia Street lying within the following described line: from the southeast corner of Lot 6, Block 5, The Strand Addition; thence northerly along the east line of the said Lot 6 a distance of 36.00 fee[ to the point of beginning; thence easterly along a line perpendicular to the said east line a distance of 1.�0 feet; thence northerly along a line parallel to the said east line a distance of 50.00 feet; thence westerly along a line perpendicular to the said east line a distance of 1.50 feet; thence southerly along said east line a distance of 50.00 feet to the point of beginning. except as here noted: That the vacation and subsequent release of easements shali be temporary, for the life of the encroaching structure only; and the rights of the City within this described area shall be reinstated upon the removal of the encroachment. Department of Public Works STATE OF MIIJNFSOTA COUNTY OF RAMSEY ) > S5. ) The forego�ng instmment was acknowledged before me this � 1� day of bY�'�.�J �T _ GU/u[ .the ��TV ��9'/l��it oF s� -�� v�c �e �e�e.�5 a �1/1 UNi��°�-L. �� _�Poi'v4-77o� undar the laws oF ihe Sta[z ot Minnesota. �M�M/NM� y SHARON HAM�LTON �7�py pt�i ip. fAiFRiE59TA WASMING7GN COt1NTy � Mr Cam�ni�Ne EuD�+•imL 31.20D0 . �l ` No[ary Public, Ramsey Counry, Minneso[a. My comm�ssion expires /'u A �� LCV V D ,�— �� Piease return this original copy to 140 City Hali, St. Paul, MN 55102 ** Its �/7�' FA1r�/itJ��f'�. CERTIFICATE OF fNTENDED NON-USE ��. � �,� � THE HONORABLE MAYOR AND MEMBERS OF THE COi3NCIL OF THE CITY OF SAINT PAUL In the Matter of Vacation File # 2-1997 The undersigned hereby certifies, on behalf of the indicated deparnnent or company, that it does not intend to exercise its utility rights in the realry described below: that part of Victoria Street lying within the foilowing described line: from the southeast comer of Lot 6, Block 5, The Strand Addition; thence northerly along the east line of the said L,ot 6 a distance of 36.00 feet to the point of beginning; thence easteriy along a line perpendicular to the said east line a distance of 1.50 feet; thence northerly along a line pazallel to the said east line a distance of 50.00 feet; thence westerly along a line perpendicular to the said east line a distance of 1.50 feet; thence southerly along said east line a distance of 50.00 feet to the point of beginning. except as here noted: That the vacation and subsequent release of easements shall be temporary, for the life of the encroaching structure only; and the rights of the utility within this described area shall be reinstated upon the removal of the encroachment. SATNT PAIIT. WATfiR iiTTT,TTV Water Utility ItS GENERAL :1ANAGER STATE OF MINNESOTA ) O `/ � i�� > SS. � COUNTY OF RAMSEY � ature The foregoing instrument was aclmowledged before me this 21 s t day of May , 1997, by Bernie R. Bullert ,�he General ManaQer of The Saint Paul Water Utility ,a Municipal corporation of the City of Saint Paul under the laws of the State of Minnesota. 5 0AM/VV � /vVV �MAMn/W��MM,1MnfinM/� a ^ `�( 2:�„ JAIVET M. LINDGREN ? � � ` � � � �� ) j �� NOTARY PUBLIC-NINNESOTA S �i7u'y Public, Ramsey Counry, Minnesota. � �iti�� RAMSEYCOUMY P � ^J/ �� My Camm, Expires Jan. 31, 2000 � M}' CAIDINSSIOU CX iTES �"l w ��f�vv'WWVVWVYYWVV W W W V W W Wy a � ** Please return this original copy to 140 City Hall, St. Paul, MN 55102 *" �filUF?C%t �� v-�:+:i�� Interdepartmental Memorandum CITY OF SAINT PAUL To: All Council MemY}ers ✓�uv�� From: Peter White Right of Way Engineer 140 City Hall Date: ��i�3;j�t: August 7, 1997 TIV1�.�?epar�rn�nt slaca�ia�i ��fe N�: :2 , h�� „ I recommend a public hearing before the City Council be held on ��Lez��ber:lf�,;1997:, F:i:JJ �� - i l�a- The purpose of this vacation is to clear a cloud on the title caused by building encroachment. This property is located in Ciry Council District �, Planning District 6, The subject petition is in proper form and has been signed by the requisite number of property owners. cc: Fran Swanson (297hear) ST. PAUL CITY COUNCIL PUBLIC HEARING NOTICE STREET/ALLEY VACATION NANCY ANDERSON C1TY COUNCiL RESEARCH 310 CITY HALL PURPOSE PETITIONER HEARING QUESTIONS MAP (attached) Notices sent: City Council Ward # 5 Plauning District # 6 �'1-1�'�� File No. 2-1997 to temporarily vacate the City's interest in a part of the west 1.50 feet of Victoria Street adjacent to Lot 6, Block 5, the Strand Addition, also known as 860 Como Avenue, to accommodate a David J• Erickson I The hearing will begin at 4:30 P.M. on Wednesday, Seutember � 10,1997 in the Council Chambers on the third floor of City Hall. , Ca11266-8850 and refer to the �ile number above. City staff will be available unti14:30 in Room 140 City Hall to answer any last-minute question on this project. by Real Estate Division Dept. of Technology and Management Services Room 140 City Hall - Court House Saint Paul, Minnesota 55102