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99-150 (2) NDO iTh MY 1U P 2: 20 STATE OF MINNESOTA ) COUNTY RECORDER COUNTY OF RAMSEY ) ss. co: CITY OF ST. PAUL ) ^''r' I, Shari Moore, Deputy City Clerk of the City of Saint Paul, Minnesota, do hereby certify that I have compared the attached copy of Council File No. 99-150 as adopted by the City Council on February 17, 1999 and approved by the Mayor on March 2, 1999 with the original thereof on file in my office. I further certify that said copy is a true and correct copy of said original and the whole thereof. WITNESS, my hand and the seal of the City of Saint Paul, Minnesota this 28th day of April 1999. -749-f-C DEPUTY CITY CLERK 1 � RETURN To 1-I a C14ti A Return copy to: Council File# gq•1$O Real Estate Division ORIGINAL 3143'o 140 City Hall Green Sheet#G 3G G G RESOLUTION CITY OF SAINT PAUL, MINNESOTA Z. Presented By //To Committee: Date 1 WHEREAS, on November 4, 1998, the Council of the City of Saint Paul, by Council File Number 2 98-1007, approved the petition of Karen Swenson, as documented in the Department of Technology and 3 Management File Number 13-1998, to vacate and discontinue as public property the following property 4 described as follows : 5 6 That part of McAfee Street and of Blocks 2 and 3, Brenner Addition No. 2, according to the recorded plat 7 thereof,lying within a circle having a radius of fifty (50) feet,the center of said circle being a point in the center 8 line of McAfee Street forty (40) feet south of the north line of said Brenner Addition No. 2; and, 9 10 WHEREAS, easements where retained that should not have been retained, 11 12 THEREFORE BE IT RESOLVED, that Council File Number 98-1007 is hereby amended to delete 13 conditions 2, 3, 4, 5, 6, and 7. 14 15 16 AND BE IT FURTHER RESOLVED, that all other terms and conditions set forth in 17 Council File Number 98-1007 shall remain in force and effect. 18 Yeas Nays Absent Bananav Requested by Department of: Blakey ,/ Technology & Management Services Bostrom Coleman ,j citki—Ana Harris ✓_ By: Lantry ✓ (IV/Director Reiter ,/ Form Approved by City Attorney Adopted by Council: Date `.-A `■ By: &--11 /' 2/0,' Adopt',en Certified by Council Secretary a .. By: Appro,edgy Mayor -11 Subm..sion to Council Approved • ayor: Date , , By: i �Ii�il/. ; . �`l hiq VA 1 U t 2: 20 COUNTY RECORDER rml STATE OF MINNESOTA ) COUNTY OF RAMSEY ) ss. ITFUTY CITY OF ST. PAUL ) I, Shari Moore, Deputy City Clerk of the City of Saint Paul, Minnesota, do hereby certify that I have compared the attached copy of Council File No. 98-1007 as adopted by the City Council on November 4, 1998 and approved by the Mayor on November 11, 1998 with the original thereof on file in my office. I further certify that said copy is a true and correct copy of said original and the whole thereof. WITNESS, my hand and the seal of the City of Saint Paul, Minnesota this 28th day of April 1999. I/73314e DEPUTY CITY CLERK i tib3 RETURN TO cj,,, ' ,, t o C ALI % Return copy to: Council File # of 4067 Real Estate Division . 3143'731 140 City Hall Green Sheet # 63030 RESOLUTION CITY OF SAINT PAUL, MINNESOTA dfet oRIGINA Presented By � Referred To Committee: Date 1 BE IT RESOLVED,that, upon the petition of Karen Swenson, as documented in Department of 2 Technology and Management File Number 13-1998, public properties hereinafter described are hereby 3 vacated and discontinued as public property: and, subject to the herein stated exceptions, the easements 4 within those public properties are hereby released. 5 6 The property to be vacated is described as follows: 8 That part of McAfee Street and of Blocks 2 and 3, Brenner Addition No. 2, according to the recorded plat 9 thereof, lying within a circle having a radius of fifty(50)feet,the center of said circle being a point in the center 10 line of McAfee Street forty(40)feet south of the north line of said Brenner Addition No. 2. 11 12 ti 13 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the 14 Saint Paul Legislative Code as amended, and to the following conditions: 15 16 1. That the petitioner's, their successors and assigns shall pay $500.00 as an administrative fee for 17 this vacation which is due and payable within 60 days of the effective date of this resolution. 18 19 2. That a permanent•utility easement shall be retained on, over, under and across the vacated area 20 on behalf of the City of Saint Paul, Department of Public Works to reserve the right of the City 21 to maintain and operate any sewer in or upon said easement and to enter upon said easement or 22 any portion thereof at any time and from time to time, for the purposes of future construction, 23 reconstruction, inspecting, maintaining or repairing the same or any part thereof. Said utility 24 easement shall be subject to the following conditions: 25 26 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any 27 other objects that will prohibit normal access to utility facilities for maintenance purposes 28 will be permitted within the easement area. 29 30 b. Improvements in or upon the above described easement that do not prohibit the City from 31 exercising its reserved rights may be allowed by obtaining written permission from the 32 Department of Public Works Sewer Division with the understanding that the restoration 33 and costs of such improvements shall be the sole responsibility of the petitioner, its 34 successors and assigns in the event the City exercises its reserved easement rights. 35 3143731 q ? -1°017 1 ' c. No change from the existing grade within the easement area will be permitted without 2 written permission from the Department of Public Works. 4 d. No change in surfacing within the easement area will be permitted without written 5 permission from the Department of Public Works. 6 7 e. The petitioner, its successors and assigns shall indemnify, defend, and save harmless the 8 City of Saint Paul, its officers, agents, employees, and servants from all suits, actions, or 9 claims which shall arise from any injuries or damages received or sustained by any break 10 in any service pipe or connection in said reserved easement arising out of or resulting 1 1 from any action or negligence of the petitioner, its employees, agents, or business 12 invitees. 13 14 3. That a permanent utility easement shall be retained within the vacated area on behalf of the City 15 of Saint Paul, Board of Water Commissioners subject to the following restrictions: 16 17 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or 18 other object that will prohibit normal access to water facilities for maintenance purposes 19 will be permitted within the easement area,. 20 21 b. No change from the existing grade will be permitted without written permission from the 2 2 Water Utility. 23 24 c. No change in surfacing within the easement area will be permitted without written 25 permission from the Water Utility. 26 97 d. The petitioner, its successors and assigns shall fully indemnify, defend and save harmless 28 the Board of Water Commissioners, its officers, agents, employees, and servants from all 29 suits, action or claims which shall arise from any injuries or damages received or 30 sustained by any break in any service pipe, water main, or connection in said reserved 31 easement, arising out of or resulting from any action or negligence of the petitioner, its 32 employees, agents or business invitees. 00 J J 34 4. That a permanent utility easement shall be retained within the vacated area to protect the interest 3 of Northern States Power Company. 37 5. That a permanent utility easement shall be retained within the vacated area to protect the interest 38 of U.S. West Communication, Inc. 9 40 6. That a permanent utility easement shall be retained within the vacated area to protect the interest 4 1 of Media0ne, Saint Paul, Inc. 42 43 7. That, with the accompanying Utility Easement Certificates of Intended Non-Use, filed 44 voluntarily on behalf of U.S. West Communications, Incorporated, Northern States Power 45 Company, District Energy St. Paul, Incorporated, MCI Metro Incorporated, Media0ne, The 3 3143731 q i- -1601 1 Water Utility, and The Department of Public Works, made a part hereof by this reference and 2 filed in the office of the City Clerk of Saint Paul, the City, for itself and on behalf of these 3 corporations and departments, waives the right to the utility easements in the vacated area 4 described above. 5 6 8. That the petitioners, their successors and assigns agree to indemnify, defend and save harmless 7 the City of Saint Paul, its officers and employees from all suits, actions or claims of any 8 character brought as a result of injuries or damages received or sustained by any person, persons 9 or property on account of this vacation or petitioners' use of this property, including but not 10 limited to, a claim brought because of any act of omission, neglect, or misconduct of said 1 1 petitioners or because of any claims or liability arising from any violation of any law or 12 regulation made in accordance with the law,whether by the petitioners or any of their agents or 13 employees. 14 15 9. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this 16 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution 17 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in all respects with these terms and conditions. ORIGINAL Yeas Nays Absent Bananav I . Requested by Department of: Blakey ,.--- Technology & Management Services Bostrom r Coleman r Harris By: t i Lantry ✓ I Director Reiter ./ Form Approved by City Attorney Adopted b ouncil: Date lei", . / By: `/ 4-4-u....L / 0 - / — 'l fr Adoptio• Certi es by Cou Zigrltary By: _ ✓v- _ �a� Approved a'or for Submission to Council Approved b ' f yo%t , og ,, By: A [ni ( ,'L� Li. CITIZEN SERVICE OFFICE Fred Owusu,City Clerk P A`U L CITY OF SAINT PAUL 170 City Hall Tel.: 651-266-8989 Aht Norm Coleman,Mayor 15 W.Kellogg Boulevard Fax: 651-266-8689 1 V L F. Saint Paul,Minnesota 55102 AMA__ lR9.5 -April 28, 1999 • To: Ramsey County Recorder • N9f5-1-raj a Number Instrument Descri tion Fees 114:1730 2 q_ sb CF #99-150 Resolution McAfee Street ,;•1R so 98-1007 3143731 • 5-5, co RAMSEY COUNTY RECORDER BY Contact Person: Shari Moore 266-8686 1 I w pppt � , . j Is i k 1 V \1 Z. i.,''..,.,,_..,IC CJ L.�, , .. r )! .4 ^i""7 V' -I 4 , , , ....... ... ......: , , i ,,,,, , , ,,,, . . , ,,, 0 , , ,t. 4 :41.1 ei I NkS ..,' ,,..4 \\...) V,. K.)\ c ***) ,, 0 J ct H• Z H o Q T O H W Z_ E.' 0 a W E• ' n M Q w a �• ° W o �/ 0 W v i 0 la• m C ! M 0 C) 0 i 'Q 't O ` C ! -' M fn m ! --ATI v IA ! l Tr! 0 G ! 0 Z -1rWt 0 t 0 -1tti . M •< * i C 01 i C 'l? --1 CO 1 2 O X) CAE i -4 X V! ! mm 3 t>5 ! rr1 < C i t7m Z -*`. I -4 m . ! ftl 1 fl i z-+ -i1 i r L .. i X 0 I- *0MM• t m Z 1\1\21‘ M XI 7> i M 7 't) 77 0 t 'n N C 0 -i I X 1-+ t1rnCt-t I 3n t-) IrnCo + 2 -4 1022 1 0 X) 0 i 0 i n t ft) �, --I 0 -I 2 j s °n F'+ D -< ! CO --1 -- 1r1 tb Z I d v I-+ -I -n C. t X t X) ' •J m rn i rn t 1 ICu # m ! o -1 -4 0 -0 -i i rn • 1 0 a 1 0 H17 1 --i m 7 I t m :3 D I is J) i CO -i C 1 r G G 1 ►< r 1 000 ! -! I 0 rn n, i T. ti # t ;A rri i I r i .. 0 1 u m Z -i d T 1 in 2 1 0 --1 C) P 0 X �1 i i .K X ..< n n i rn -i o rn wA I CA I I-t 0 -1 m rn C of o ! -! r. Ill vim+ ca m 0i GI -I D4-4 •CO 0 i 0 ? 1ri C i C I rs) IV r4 i S 0 i -1 \ \ r'= • 1 -• ;T o \ D C X K C n m DO .� < m n N O n m v �' A fi o r m z r- m N W Z -, •m r O 0c .< . G Z 0 0 < o '2 T y •< •• 0 •O v E • m T 'm = >r K cn CD N DJ m -z D -c m -m m I"- 0 v D •N •m CD o m m O S. . IX' CD o m o z r o H r K oc C) o o c o W Z LA M IA H Cr, X 0 o o - "' 2 .._) N.) m C) t '' D - C E 40 > O m C z H 3 n -I/aim- A,a.(.c. -) %i-onhom.e� N Ci41 of-51-x;/1-1 Pa.J APPLICANT NAME : K€1-44, Jets, -eoi ES1a i=C�tc.l 4 e-S VACATIONS CHECKLIST I;i ex).`e-✓c5e,n, 1104 1- fteighvbof�tcx��5 citizen in person or by mail Mayor Develop'� `��'� -Ziet check for S100 no check required • . !/write out receipt • iut check number on receipt and on petition write"paid �( $100"and check number • • I follow column a,then b follow column a,then b 1 _ date completed column a column b , date completed eate file with Meanwhile, have • 7_ a-�_ 9. property name, file Real Estate check that all �e alphabetically in Fran's conditions have been , office complied with • . • write transmittal letter _Meanwhile,also _ make copies of send copy of Resolution • . - letter and vacation letter and letter to Public • • -• . • -. send original and Works requesting Mylar 1-if -`1 attachments to and prints-Rudy Valuations Paczkowski or Linda 10 r tso 1,-,14,-,-, _place copy of letter Dickhut 3,1D-9 and attachments.in-file - • wait for letterfrom wait for return of Mylars I0 ---/-1`6 Valuations-with.date.of public-hearing- . i Prepare PublicHearing _Prepare.3 packets: Notice:for.Legal copy of a.certined Ledger. Resoluti on,.Mylar.or i ,,7 Make:copies of prints:and-routing slips. i �� Notice._.Send: for�bstracTorrens, or / /.Az-q q ID-(' original to Legal both `� 7 Ledger _take one packet and done to Council blueprints to Land t Res h Secretary Records and wait for it to • one to Real Estate be stamped Director _ take Abstract and/or ;..zirie in :lie Ton-ens to Recorders office and put in T and/or • • A box with stamped land i records packet Wait for Resolution to Wait for documents or be adopted route slip with document q.' (0O1 number to get back from • I i,q—/5D — ,17 1\0'J' L I Recorder when Resolution is Print name of adopted_ make 5 copies: petitioner. short legal send copy of description. page I ' resolution, terms and number, and new(,,)3...4 conditions, and let er vacation number into requesting S500 fee to Vacation book(toss old Petitioner file). Cu'_public hearing notice from Leal Ledge: and paste into Vacation Book with copy of Resolution ' � I eiz,\���� 3 �� w'ait for fees ana forms ( _When returned. ` ew to ce returned prepare new file with vacation number i _take check and place all documents �,a,3C,1 copy of Resolution to in new vacation boxes in Treasury Department vault. immediately • Treasury will return County Recorder will 4°'�c6 receipt to City Clerk's send bill for costs to City Office, but proceed to Clerk-- give to person next two steps while who handles bills. waiting for this. i I Go to column b finishes revised 3/97 • A Z E4 N w Z 0\ E-4 c ,y Y o 7 4t d pa,Q Z 30, "' .. a d CD L O d II " ci f ' I _ W 4.1 PI ti < ci_ > 0 u 4 d U ON co \ F- d ✓ N _ L a `t _ cl CI- A cn .� ,n N CO M�j}nn N Q Cri11W���a ,44'45 .L9'I£T ® ce ,LS'OL .0L ,OL ,OL ,S12 ►►��'^/���77rr'����TT ran o in c�9 l'.1DNR CIV 1C) M ,SS'8T£ ccn ,09 .09 ,09 .69'49 ,69'49 ,69'49 .69'49 ,69'49 .0L ,001 co n N M M ,. 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N r- a oft Nt1 co 10 (,, i *' N N ' '� N N N N N N O � N a &;611 N V w Z c s. °° r4 y1 c h. .20'LS .20'LS .20'LS .89'49 .IL'49 ,IL'49 .0L'49 .12'£4 ,errz .04 .0£I .66 .66 Q F-4 I o CI) L0 -c al In• . : 0 1�1I7N-f1 I w °' . cam U� � L d d 1 CITIZEN SERVICE OFFICE Fred Owusu, City Clerk SAINT CITY OF SAINT PAUL 170 City Hall Tel: 651-266-8989 P A U L Norm Coleman,Mayor 15 W.Kellogg Boulevard Fax: 651-266-8689 Saint Paul,Minnesota 55102 AAAA n.w March 10, 1999 Linda Dickhut Department of Public Works Room 800, City Hall Annex Dear Linda: Attached is Council File 99-150 which amends Council File 98-1007 (also attached) for the vacation of part of McAfee Street. Please prepare prints showing the vacation. The necessary acceptance was been filed after 98-1007 passed. No other terms or conditions were set forth in the new resolution. Sincerely, // Shari Moore Deputy City Clerk SM cc: Valuation Engineer Technology and Management Services File No. 13-1998 ' . ' l'Return copy to: Council File# q` • 007 Real Estate Division , 1.40 City Hall Green Sheet# 63030 RESOLUTION CITY OF SAINT PAUL, MINNESOTA ORIGINA Presented By Referred To Committee: Date 1 BE IT RESOLVED, that, upon the petition of Karen Swenson, as documented in Department of 2 Technology and Management File Number 13-1998, public properties hereinafter described are hereby 3 vacated and discontinued as public property: and, subject to the herein stated exceptions, the easements 4 within those public properties are hereby released. 5 6 The property to be vacated is described as follows: 7 8 That part of McAfee Street and of Blocks 2 and 3, Brenner Addition No. 2, according to the recorded plat 9 thereof, lying within a circle having a radius of fifty(50)feet,the center of said circle being a point in the center 10 line of McAfee Street forty(40)feet south of the north line of said Brenner Addition No. 2. 11 12 13 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the 14 Saint Paul Legislative Code as amended, and to the following conditions: 15 16 1. That the petitioner's, their successors and assigns shall pay $500.00 as an administrative fee for 17 this vacation which is due and payable within 60 days of the effective date of this resolution. 18 19 2. That a permanent utility easement shall be retained on, over, under and across the vacated area 20 on behalf of the City of Saint Paul, Department of Public Works to reserve the right of the City 21 to maintain and operate any sewer in or upon said easement and to enter upon said easement or 22 any portion thereof at any time and from time to time, for the purposes of future construction, 23 reconstruction, inspecting, maintaining or repairing the same or any part thereof Said utility 24 easement shall be subject to the following conditions: 25 26 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any 27 other objects that will prohibit normal access to utility facilities for maintenance purposes 28 will be permitted within the easement area. 29 30 b. Improvements in or upon the above described easement that do not prohibit the City from 31 exercising its reserved rights may be allowed by obtaining written permission from the 32 Department of Public Works Sewer Division with the understanding that the restoration 33 and costs of such improvements shall be the sole responsibility of the petitioner, its 34 successors and assigns in the event the City exercises its reserved easement rights. 35 ci ? -Mori 1 . ' c. No change from the existing grade within the easement area will be permitted without 2 written permission from the Department of Public Works. 4 d. No change in surfacing within the easement area will be permitted without written 5 permission from the Department of Public Works. 6 7 e. The petitioner, its successors and assigns shall indemnify, defend, and save harmless the 8 City of Saint Paul, its officers, agents, employees, and servants from all suits, actions, or 9 claims which shall arise from any injuries or damages received or sustained by any break 10 in any service pipe or connection in said reserved easement arising out of or resulting 1 1 from any action or negligence of the petitioner, its employees, agents, or business 12 invitees. 1 14 3. That a permanent utility easement shall be retained within the vacated area on behalf of the City 15 of Saint Paul, Board of Water Commissioners subject to the following restrictions: 16 17 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or 18 other object that will prohibit normal access to water facilities for maintenance purposes 19 will be permitted within the easement area,. 20 21 b. No change from the existing grade will be permitted without written permission from the 2 2 Water Utility. 2 2 4 c. No change in surfacing within the easement area will be permitted without written 2 5 permission from the Water Utility. 26 2 7 d. The petitioner, its successors and assigns shall fully indemnify, defend and save harmless 2 8 the Board of Water Commissioners, its officers, agents, employees, and servants from all 2 9 suits, action or claims which shall arise from any injuries or damages received or 3 0 sustained by any break in any service pipe, water main, or connection in said reserved 31 easement, arising out of or resulting from any action or negligence of the petitioner, its 3 2 employees, agents or business invitees. 34 4. That a permanent utility easement shall be retained within the vacated area to protect the interest 3 5 of Northern States Power Company. 36 3 7 5. That a permanent utility easement shall be retained within the vacated area to protect the interest 38 of U.S. West Communication, Inc. 3 9 J 40 6. That a permanent utility easement shall be retained within the vacated area to protect the interest 41 of MediaOne, Saint Paul, Inc. 42 43 7. That, with the accompanying Utility Easement Certificates of Intended Non-Use, filed 44 voluntarily on behalf of U.S. West Communications, Incorporated, Northern States Power 4 5 Company, District Energy St. Paul, Incorporated, MCI Metro Incorporated, MediaOne, The CiDi 1 Water Utility, and The Department of Public Works, made a part hereof by this reference and 26 filed in the office of the City Clerk of Saint Paul, the City, for itself and on behalf of these • 3 corporations and departments, waives the right to the utility easements in the vacated area 4 described above. 5 6 8. That the petitioners, their successors and assigns agree to indemnify, defend and save harmless 7 the City of Saint Paul, its officers and employees from all suits, actions or claims of any 8 character brought as a result of injuries or damages received or sustained by any person, persons 9 or property on account of this vacation or petitioners' use of this property, including but not 10 limited to, a claim brought because of any act of omission, neglect, or misconduct of said 1 1 petitioners or because of any claims or liability arising from any violation of any law or 12 regulation made in accordance with the law, whether by the petitioners or any of their agents or 13 employees. 14 15 9. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this 16 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution 17 and shall,within the period(s) specified in the terms and conditions of this resolution,comply in all respects with these terms and conditions. ORIGINAL Yeas Nays Absent Bananav Requested by Department of: Blakey Technology & Management Services Bostrom Coleman r Harris By: . I Lantry ✓ Director Reiter ✓ I Form Approved by City Attorney PIM=IIIIIII/j Adopted b, ouncil: Date V" / By: "'`" `'` ` 0 * / — 1 f Adoptio• Certi es by ou jefftary By: L��.i Approved • • a or for Submission to Council y: /�.f. w Pp Approved b. 1 yo&�iu�1�1a �1i'� By: �. (4 • Return copy to: Council File# crq•ISO Real Estate Division ORIGINAL 140 City Hall Green Sheet#G2G4 G RESOLUTION CITY OF SAINT PAUL, MINNESOTA `a Presented By / '� T1. Referred To Committee: Date 1 WHEREAS, on November 4, 1998, the Council of the City of Saint Paul, by Council File Number 2 98-1007, approved the petition of Karen Swenson, as documented in the Department of Technology and 3 Management File Number 13-1998, to vacate and discontinue as public property the following property 4 described as follows : 5 6 That part of McAfee Street and of Blocks 2 and 3, Brenner Addition No. 2,according to the recorded plat 7 thereof,lying within a circle having a radius of fifty(50) feet,the center of said circle being a point in the center 8 line of McAfee Street forty (40) feet south of the north line of said Brenner Addition No. 2; and, 9 10 WHEREAS, easements where retained that should not have been retained, 11 12 THEREFORE BE IT RESOLVED, that Council File Number 98-1007 is hereby amended to delete 13 conditions 2, 3, 4, 5, 6, and 7. 14 15 16 AND BE IT FURTHER RESOLVED,that all other terms and conditions set forth in 17 Council File Number 98-1007 shall remain in force and effect. 18 I I Yeas Nays Absent Bananav I 1/ Requested by Department of: Blakey I ,✓ Technology & Management Services Bostrom 1/ C/1 --gtilfiN' Coleman ✓ Harris ✓ By: Lantry ✓ Pli/Director Reiter ,/ Form Approv d by City Attorney I I r� c I Adopted by Council: Date `/A � 1�( 1`�`i`‘ By: 1-,-// h- —, 2/7/fl Adopt; n Certified by Council Secretary By: \-i\ ,____tea- . ,.,,�`� Appro, ed py Mayor �i Sub •.sion to Council Approved ayor:\Date Z '9 By: ern ' Return copy to: Council File# -ISO Real Estate Division ORIGINAL 140 City Hall Green Sheet#43000 RESOLUTION CITY OF SAINT PAUL, MINNESOTA ,a Presented By / Referred To Committee: Date 1 WHEREAS, on November 4, 1998, the Council of the City of Saint Paul, by Council File Number 2 98-1007, approved the petition of Karen Swenson, as documented in the Department of Technology and 3 Management File Number 13-1998, to vacate and discontinue as public property the following property 4 described as follows : 5 6 That part of McAfee Street and of Blocks 2 and 3, Brenner Addition No. 2, according to the recorded plat 7 thereof, lying within a circle having a radius of fifty (50) feet,the center of said circle being a point in the center 8 line of McAfee Street forty (40)feet south of the north line of said Brenner Addition No. 2; and, 9 10 WHEREAS, easements where retained that should not have been retained, 11 12 THEREFORE BE IT RESOLVED, that Council File Number 98-1007 is hereby amended to delete 13 conditions 2, 3, 4, 5, 6, and 7. 14 15 16 AND BE IT FURTHER RESOLVED, that all other terms and conditions set forth in 17 Council File Number 98-1007 shall remain in force and effect. 18 Yeas Nays Absent Bananav I/ I Requested by Department of: Blakey ,✓ Technology & Management Services Bostrom 1/ Coleman ✓ Harris ✓ By: Lantry ✓ Pi/Director Reiter ,/ Form Approv d by City Attorney Adopted by Council: Date `-A \-1 Tq I By: 2/Y7/I Adopt..n Certified by Council Secretary By: ' \ Appr, ed py Mayor .t! Sub ..sion to Council Approved • 4 ayor: Date, I - By: = 0Ii 7 Return copy to: Council File# ctq 450 Real Estate Division ORIGINAL 140 City Hall Green Sheet#6.3(.4 RESOLUTION CITY OF SAINT PAUL, MINNESOTA 1a Presented By // T Referred To Committee: Date 1 WHEREAS, on November 4, 1998, the Council of the City of Saint Paul, by Council File Number 2 98-1007, approved the petition of Karen Swenson, as documented in the Department of Technology and 3 Management File Number 13-1998, to vacate and discontinue as public property the following property 4 described as follows : 5 6 That part of McAfee Street and of Blocks 2 and 3, Brenner Addition No. 2, according to the recorded plat 7 thereof,lying within a circle having a radius of fifty(50) feet,the center of said circle being a point in the center 8 line of McAfee Street forty(40) feet south of the north line of said Brenner Addition No. 2; and, 9 10 WHEREAS, easements where retained that should not have been retained, 11 12 THEREFORE BE IT RESOLVED, that Council File Number 98-1007 is hereby amended to delete 13 conditions 2, 3, 4, 5, 6, and 7. 14 15 16 AND BE IT FURTHER RESOLVED,that all other terms and conditions set forth in 17 Council File Number 98-1007 shall remain in force and effect. 18 Yeas Nays Absent j Bananav i/ Requested by Department of: Blakey ,/ _. Technology & Management Services Bostrom Coleman Harris ✓ By: Lantry ✓ /Director Reiter ,% Form App�d by City Attorney Adopted by Council: Date `- 1`1 1`t ct By: / �"'" � 2✓un Adopt;•n Certified by Council Secretary By: a Appr/ edgy Mayor 41 Sub ..sion to Council Approved • i ayor:'Date ,, I By: i �_ Iii //. CITIZEN SERVICE OFFICE Fred Owusu,City Clerk SAINT CITY OF SAINT PAUL 170 City Hall Tel: 651-266-8989 PAUL 014, Norm Coleman,Mayor 15 W.Kellogg Boulevard Fax: 651-266-8689 Saint Paul,Minnesota 55102 /AAA January 6, 1999 Linda Dickhut Department of Public Works Room 800, City Hall Annex Dear Linda: Please prepare prints showing the vacation of that part of McAfee Street in the City of St. Paul as fully described in Council File 98-1007. Please be advised that the necessary acceptance and compensation have been filed. Sincerely, ,=;-/zter.4.A: /76161- Shari Moore Deputy City Clerk SM cc: Valuation Engineer Finance File No. 13-1998 RECEIVED Saint Paul, Minnesota DEC 31 1998 ;;ICY CLERK November 23, 1998 To the Honorable, the City Council Saint Paul, Minnesota Dear Council Members: We, the undersigned petitioners, hereby accept and agree to comply with the terms and conditions of Council File No. 98-1007, adopted by the City Council on November 4, 1998, and signed by the Mayor on November 11, 1998. CITIZEN SERVICE OFFICE Fred Owusu,City Clerk A 1 N T CITY OF SAINT PAUL, 170 City Hall Tel.: 612-266-8989 AU L Norm Coleman,Mayor 15 W.Kellogg Boulevard Fax: 612-266-8689 Saint Paul,Minnesota 55102 Web:http://www.stpauLgov TDD:266-8509 ommwo AAAA November 23, 1998 9661 �`7 Keith Jans Real Estate Equities Degree of Honor Building 325 Cedar Street, Suite 400 Saint Paul, MN 55101 Dear Petitioners: Enclosed is a copy of Council File 98-1007 which was adopted by the City Council on November 4, 1998. The resolution provides for the vacation of that part of McAfee Street and of Blocks 2 and 3, Brenner Addition No. 2, as more fully described in the attached resolution. The Ordinance pertaining to vacations requires that the compensation specified in the resolution must be paid within sixty (60) days after adoption of the resolution. Also enclosed is an acceptance of the terms of the resolution which must also be signed and filed here within said time. Sincerely, J Shari Moore Deputy City Clerk cc: Valuation Engineer - Finance File No. 13-1998 Enc. RECEIVED aaC 23 1998 CLERK 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 Fax: 651-266-8689 0* Saint Paul,Minnesota 55102 RANI •w.r December 23, 1998 Keith Jans Real Estate Equities Degree of Honor Building 325 Cedar Street, Suite 400 Saint Paul, MN 55101 Dear Petitioners: Enclosed is your receipt for the $500 check received in our office today for your street vacation. I am also enclosing another copy of the resolution which states that you must file an acceptance in writing of the conditions of this resolution (highlighted paragraph). I am including a copy of the acceptance form originally sent to you. You will comply with the conditions of the resolution by signing and returning the form to me. If you have any questions or concerns please feel free to call me at 651-266-8686. Sincerely, %y,, Shari Moore Deputy City Clerk Enc. , CITIZEN SERVICE OFFICE Fred Owusu,City Clerk SAINT CITY OF SAINT PAUL 170 City Hall TeL: 612-266-8989 PAUL Alt Norm Coleman,Mayor 15 W.Kellogg Boulevard Fax 612-266-8689 Saint Paul,Minnesota 55102 Web:http://www.stpauLgov AIM TDD:266-8509 November 23, 1998 Keith Jans Real Estate Equities Degree of Honor Building 325 Cedar Street, Suite 400 Saint Paul, MN 55101 Dear Petitioners: Enclosed is a copy of Council File 98-1007 which was adopted by the City Council on November 4, 1998. The resolution provides for the vacation of that part of McAfee Street and of Blocks 2 and 3, Brenner Addition No. 2, as more fully described in the attached resolution. The Ordinance pertaining to vacations requires that the compensation specified in the resolution must be paid within sixty (60) days after adoption of the resolution. Also enclosed is an acceptance of the terms of the resolution which must also be signed and filed here within said time. Sincerely, Shari Moore Deputy City Clerk /_, cc: Valuation Engineer - Finance File No. 10-1998 Enc. NOTICE OF PUBLIC HEARING Notice is hereby given that the petition of Real Estate Equities, for the vacation of that part of McAfee 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 4th day of November, 1998 at 5 :30 P.M. Dated October 6 , 1998 Shari Moore Deputy City Clerk (October 9, 1998) R 5,\IN'1' PA l' 1. Interdepartmental Memorandum AAAA CITY OF SAINT PAUL RECEIVED OCT 2 1998 LI i Y CLERK To: All Council Menbers From: Peter White Right of Way Engineer 140 City Hall Date: October 1, 1998 Subject: TMS Department Vacation File No. 1998-13 I recommend a public hearing before the City Council be held on November 4, 1998. The purpose of this vacation is to vacate that part of McAfee Street and of Blocks 2 and 3, Brenner Addition No. 2, according to the recorded plat thereof, lying within a circle having a radius of fifty (50) feet, the center of said circle being a point in the center line of McAfee Street forty (40) feet south of the north line of said Brenner Addition No. 2. This property is located in City District 6, Planning District 2. This petition is in proper form. cc: Shari Moore 0 CITIZEN SERVICE OFFICE Fred Owusu,City Clerk S A t N Y OF SAINT PAUL PAU L L �T 170 City Hall Tel.: 612-266-8989 ti* Norm Coleman,Mayor 15 W.Kellogg Boulevard Fax 612-266-8689 Saint Paul,Minnesota 55102 Web:http://www.stpauLgov TDD:266-8509 AIM July 27, 1998 Mr. 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 Lake Phalen Townhomes and the City of Saint Paul for the vacation of that portion of McAfee Street according to the recorded plat thereof on file and of record in the Office of the Saint Paul City Clerk. Sincerely, � ` c.'9jB,r( Shari Moore Deputy City Clerk Attachments SAINT PAU I. 00114 ')F ___• C//p <1>7,9 lip C oe PETITION TO VACATE CITY INTEREST g"9 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: Request for vacation of McAfee cul-de-sac North of Maryland opened April, 1967 by Document No. 1611392-3. Noted as parts of Lots 15 and 16, Block 2, Brenner Addition No. 2 and parts of Lots 1 and 2, Block 3 of Brenner Addition. I(we)request this vacation for the following reason(s). McAfee STreet had previously been vacated to the south and northe of this cul-de-sac. . Vacating it will provide clear title of 1/2 to the. City owned wetland around Lake Phalen and 1/2 to Lake Phalen Townhomes, owners of adjacent property to East. Vacation will allow for proper grading and drainage to en- hance the developmenn of 30 new townhomes to be built for sale. I(we)have attached six copies of the site plans of any development intended for construction on the lands to be vacated. Contact Person Person(s) responsible for payment of vacation fee and for acceptance of the terms and conditions of the vacation: Name: Keith Jans, Real Estate Equities Name: Keith Jans, Real Estate Equities Phone: 227-6925 Phone: 227-6925 Address: Degree of Honor Bldg. , Suite 400 Address:Degree of Honor Bldg. , Suite400 325 Cedar, St. Paul, MN. 55101 325 Cedar St. , St. Paul, MN. 55101 Alternate Contact Person Name: Karen Swprt cnn, North Fast Neighbor— Name: Karen SwPncnn, Nnrth Fact NPighborhooc Phone: Development Corp. 771-6955 Phone: Development Corp. 771-6955 Address: 1545 Maryland Avenue Address: 1545 Maryland Avenue St. Paul, MN. 55116 St. Paul, MN. 55116 Name: Phone: Address: Name: Phone: Address: Signatures of Owner(s)/Representative(s) of Property(ies) Below: ,401 1i• ... c0/14111 o Lots 1 thru 16. Mork 2. Brenner Addition Keit - President I, Keith Jans ,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 it7LTf1t1FSf; t§ebti RA tk$ i 4 X by me as representative of owner of this property. (Petitioner) Subscribed and sworn to before me this O LINDA MARIE MINNES T • • NOTARY PUBLIC-MINNESOTA Q *• RAMSEY COUNTY day of ,l , 1993� My Comm Expires Jan.31,2000 • • /• / , : ��' t • AA (Notary) (<altxf-10>vg) DECLARATION REGARDING PETITION TO VACATE PUBLIC PROPERTIES I affirm that, in my capacity as Valuation and Assessment Engineer for the City of Saint Paul, I have been consulted regarding the proposed vacation of public properties described as: McAfee Street cul-de-sac, northe of Maryland Avenue. My signature below indicates neither support for, nor opposition to, the proposed vacation by the City of Saint Paul, but is furnished for the purpose of allowing the petition to receive a public hearing before the Saint Paul City Council, as provided in Chapter 130 of the Legislative Code. ti 7/ ( 7 q r Peter White Date Valuation and Assessment Engineer City of Saint Paul L 04.' v 1— 1 t+- 8 10 13 • (.IS!)„ 9500~ 5940°' V) 147.B e (I14) (l9) (-14.) a .IG(39) 9 (sl) (3o) a O (is) (ls) Iz $ s g• Z 9 I I1 of ex 12 • M Bpi 6024 gm 1 1 1a!77 (I11) I L9S 195 - 40 ( " • l4 ?0.8 GO i , (118) Gi0 CO) ei VACATED (1G) loli Opento _JO_ _ _ 20.q - "S. •... 32/44. • /-/5-3, m .—_... E- 30 90'-• IlO.C. • GO CEI I (III) 1 (+8) �' 6 • 14.040°� (l9a°� sNi 19L 36 5 • (GB) ! ( 361 -<-asl v1 r- �[� ,� n, \ O (G 4) 1159 I (6� "(30) 4'D 0 o a ° (112) '^ osz I ?..00.C. (u5. I -•, 1- O 4. �a ° 9817°� 1 0= ••o' (G5) `�\ea , 4944 6.o o h 3 113) 3 (Gl) /e.1° r. (GI) (AO) O; ..) 1 , 9000°' 9411°' I ,} • d Ii 1 4 (114) W �•(6G) 8 F-- (C0�304 a 1-(A1) a „� 197.48 ,P41• ., 4 t O C/ L1. 015 *p1 . u t 9670°2 473`'i Vi c6 O 7' V • 3 (59)_ 4230'' 03o i• (Igo) tf.• .00- • 16"2 16 • Iu,toe' w (43) . . 'le 6 P4'4' 2)r .' �p •°•l a (la) a • 0 �. (� oi, -I v�aeti�,Qy3 U18) I eo I , 0 190 (-10)-_�(44) - *0] • f' l ..pp ' 2 1 15 ` T IC 51•' scr .. 1 . 6.4.5-Lti-, • YAUkr1fs 2 SI N « . • VPIG.7.3,Doc.. sa 6q• \` r-, - (3-t) `' (45) cs �' :-- r-72; 0V O r�N �iN-,a iN?T n f ^7' G 1 ; 7 n (h'.ON) 7. C ;�' /Mr) 198n� 1aD49AM Isst BY COMMO*n+FwLxtt LAND Trr1F IxsutuNCx GoMrwt OWNERS POLICY OF TIIiF. INSURANCE k�r . Commonwealth . 1: SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN Sr (: THE'CONDrTIONS AND STIPULATIONS,COMMONWEALTH LAND TITLE INSURANCE COMPANY,a Peansylvani,carper E B herein called the Company,insures,as of Date of Polity shown'in Schedule A, arpourance horrid in Schedule A,.sustained or incurred by the insured by Ion or damage, not exceeding the Amounts Insurance stated by rea.san of: I. Title to the estate or lnterest described in Schedule A being vested other than as stated therein; 2. Any defect in or Tien Or encumbrance on the title; , . , l': . 3. L./marketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs,attorneys' fees and expenses incurred in defense of the tide.as inured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused it corporate name and seal to be hereunto affixed by its duly authorized officers,the Policy to become valid when covnrersigned by an authorized offiieer or ages•cf the Compares. • COMMONWEALTH AND TITLE INS LAND COMPANY ���iirfEhy Attest ..,,:� y`. .. . s9 z Sscztary 4 Chaman and Clilcf :.te:»clue°nicer� � EXCLUSIONS FROM COVERAGE The following matters art expressly esdvded from the tout fees or expenses which arise by reason of. rage of this policy and the Company will not pay Loss or damage, scats, attorneys" 1. Gal Any law.ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulat ens)restricting, regulating,prohnsicing or relating to(1)the occupancy,use,or enjoyment _ meat note or hereafter erected on the land; ti a ) Ytnrnt of the land:fit)the eharaaer,dimensions or location of any imprnve� 1) separation in ownership or a change in the dimensions or area of the land or any which he land is or was a part;or(iv)awiroomental protectior..,or the affect of any violation of these laws,orditumces or governmental regula- tions,apt to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or . alleged violation affecting the land has been recorded in the public records at Date of Policy. (b)Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect, •• lien or encumbrance resulting from a violation err alleged violation affecting the land has been recorded in the public records ar Due of Policy- 2. Rights'of eminent domain unless notice of the exercise thereof has been recorded In the public records at Date of Policy, but rot excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser fo, value without knowledge. 3. Defecta,'lien&, encumbrances, adverse claims or other matters: ,I (a)created. suffered. assumed or agreed to by the insured claimant: (b)not•kowrt to the Company, not recorded in the public records at Date of Policy. but known to the insured claimant and not disclosed In sing to the Company by the insured claimant prior to the date the insured claimant became an insured under,this policy; (c)resulting in rro loss or damage to the insured claimant; ' (d)attzebing or created subsequent to Date of Policy; or • (e)rezoning in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. • a- Any claim,which miscs out of the Transamon vesting in the Ictsurd the estate or of,federal bankruptcy,state insolvency, ed on: insured by this policy, by reason,of the operatiert c3' o-. similar creditors' rights laws, that is based on: (a) the transaction crating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer. or (b)thetranstcrion creating the estate or interest insured by this policy beingeleemed a preferential transfer except inhere the preferential transfer results from! the failure: 1 (1) to timely record the instrument of transfer, or Iii)of such recordation to impart notice to a purchaser for value ore judgment or lien creditor. • NM 1 PA10 — — — ALTA Owner's Policy (10-17-42) Form 1190-i Face Pie Valid Only If Schedules A and B and Cover ,'.re Attached FROM 0 PLNH�Ih'. (MPL�. ; (MON) 07. 27 1 l ;G7 �JUL12�n'98n110D40AM _. .._ .. ..,., K.rn w� vneisvy trans policy for the claimed loss or damage, other than the prymenu avn¢dc iiitTl ity or.wove any provision of this policy. If the Company required to be made.shall terminate.including an.liability or obt:gatnon to It exercise its rights under this paragraph.it shall do so diligently. defend, prosecute or continue any toga ion. COMMONWEALTH LAND TITLE INSUR.WCE COMPANY SCIEEDULE.A Amount of Insurance: $100,000.00 . Policy Number: 41853C-A Premium: $400.00 .File No. 41853C-A • Date of Policy: February 20, 1998 at 5:00 P.M. 1. Name of Insured: NENDC Redevelopment LLC, a Minnesota limited liability company 2. The estate or interest in the land described in this Schedule and which is covered by this Policy is fee simple and is at Date of Policy vested in: NENDC Redevelopment LLC, a Minnesota limited liability company 3. The land referred to in this policy is described in the said instrument, is situated in the County of Ram Sear, .state of Minnesota, and is identified as follows: Lots 1.through 16, inclusive., Block 2, Brenner Addition No; 2, according to the recorded plat thereof, and situated in Ramsey County, Minnesota. Note for Information: Property is Abstract • Countersigned; m .\A C ,Q Authorised Oi Of�rct3r AL TA Owner's Policy(10-17-92) Issued By; Commonwealth Land Title Insurance Company Schedule A 612.227.85'71 V1 D PI1fir'7()1 G D n FROM OPPEA I:IMi (MPL . ) (MON) 07. 27 98 11 :47 /'JUG 27 '98 1e:40AM • :''�►..., Commonwealth Po - licy No. 418530-A COMMMONWEALTA LAW)Trrt.E IKSURAKCE COMPANY Schedule B This policy does not insure against loss or damage by reason,of the Following: 1. Real estate taxes for and payable in the year 1998 and thereafter. Real estate taxes for and payable in prior years are paid. p y� 2. Levied and pending special assessments now and'hereafter levied. 3. Combination Mortgage and Security Agreement dated as Of February 6, 1998, filed of record February 20, 1998, as Document No. 3041504 executed by NENDC RedeveJopthent LLC, a Minnesota limited liability company, to Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, a Minnesota public body corporate and politic, in the original principal amount of $2,631,397.00. 4. Rights of tenants in possession under unrecorded lease(s). - 5. Utility easement over the rear ten feet of all the Jots in'said:Block 2'as shown on the recorded J?lat. 6. As to Lots 15 and 16: Easement for public street turnaround over that part of vacated McAfee Street and Block 2 of Brenner Addition No. 2 lying within a circle having a radius of 50 feet, the center of said circle being a point in'the centerline of McAfee Street 40 feet South of:the North line of said Brenner Addition No. 2, granted to the City of St. Paul by Deed dated January 27, 1964, filed of record February'10, 1964,.as Document No. 1611393. 7. Subject to the rights acquired by the City of St, Paul to construct and maintain public utilities in that part of vacated McAfee Street accruing to the insured p1emises to be insured pursuant to ordinance No. 3394. 8. Encroachment of building over set back line over the East line of property. 9. Multifamily Mortgage, Assignment of Rents and Security Agreement record June 30, 1987, as Document No. 2389045 executed b halen dated erracee Pa��,8a 1987. filed general partnership, to Midwest Federal Savings and Loan Association of Minneapolis, a United States of. America corporation, in the original principal amount of$2,000,000.00. Amended by Amendment to Multifamily dated June 9, 1988, filed of record July 8,198$, as Document No.Rents 448190, inccreasinA not to $2,200,000_00. g -CONTINUED- -',LTA Owner's policy (10-17-92) ichedule$ FROM OPP 1� �iM�. ' (MON) 07. 27' `id: j j G T�T(1 o 7' �n� 1 D (MPLS. i �� �JUL Z�' '98 10 40AM COMMQ•WFitLTET Lwri T rni INSQRANcs C'OMp AN9 Schedule B (continued) 9. (continued) Assigned to Midwest Savings Association, P.A. by Assignment dated May 4, 1989, filed of June 20, 1989, as Document No, 2497160. 0 Amended by Assumption Agreement filed of record August 31, 1990, as Document No. 2561201. Further amended by Second Amendment dated July 31, 1990, filed of record August 31, 1990, as Document No. 2561202. Appointment of Resolution Trust Corporation, as Receiver of Midwest Savings Association, F.A. filed of record December 14, 1990, as Document No. 2576524_ , Assigned to TPM Holdings, Inc., a Nevada corporation, by Assignment of Non-Affiliate .Mortgage Loan dated February 23, 1993, filed of record March 26, '1993, as Document No. 27101•22. Further assigned to Foothill, ital Corporation,orporation, a California corporation, by Assignmei !. of Multifamily, Assignment of Rents Mortgage and Security Agreement filed of record Mai. i,26, 1993, as Document No. 2710423. Further assigned to TPM Holdings, Inc., a Nevada corporation, by Assignment of Multif aut'lil Assignment of Rents'Mortgage and Security Agreement dated January 11, 1994, filed of -eco d March 31, 1994, as Document No. 2796369. Further assigned to National Heritage Life Insurance Company, Assignment of Assignment of Multifamily, Assignment of Rents Mortgage and SSeecurity,Agreement dated January 18, 1994, filed of record March 31, 1994,'as Document No. 2796371. Further assigned to the NHL Trust, as approved by that certain Order'Approving Liquidation Trust Agre`ment, entered by the Court of Chancery of the State of Delaware in and for New Castle County in A. No. 13530 on December 17, 1996, by Assignment dated January 30, 1998, filed of record February 20, 1998, as Document No. 3041497. F'a'ther assigned to Real Estate Equities 1996 LLC, a Minnesota limited liability company, oy Assignment dated February 2, 1998, filed of record February 20, 1998, as Document No: 3041501. Subordinate to Mortgage, Document No. 3041504 by Subordination Agreement dated February 6, 1998 filed of record February 20, 1998, as Document No. 3041505. -CONTINUED- .LTA Owner's Policy (10-17-92) ichedule B :ROY, OFFENHEIML:�c (MFI�. ) (MON) 07. 27' 98 11 :48 �uLr'er '98n� 10:40Ar1 Commonwea Policy No. 418530-A • 1 . COMM 0STWEALTK'I/11vD TM.E I•StTRAtgCE COMP Schedule S:(continued) 10_ Assignment of Ins and Rents dated May 29, 1987, ;Filed of'record Tune 30, 1987, as.Document No. 2389046, by and between Phalen Terrace Partners, a Minnesota'general partnership, and Midwest Federal Savings and Loan Association of Minneapolis. Amended by Amendment filed of record July 8, 1988, as Document No. 2448191. Amended by Assumption Agreement filed of record August 31, 1990, as Document No. 256101. Further amended by Second Amendment dated July 31, 1990, filed of record August 31, 1990, as Document No. 2561202.. Assigned to TPM Holdings, Inc., a Nevada corporation, by Assignment of Loan,dated February 23, 1993, fled of record March 26, 1993, as Document No.2710422. ge ' Further assigned to Foothill Capital Corporation, a•California corporation, by Assignment of Assignment of Leases and Rents filed of record March 26, 1993, as Document No. 2710424. Further assigned to TPM Holdings, Inc. by Assignment dated January 11, 1994, filed of record March 31, 1994, as Document No. 2796370. Further-assigned to National Heritage Life Insurance Company, a Delaware corporation, by Assignment dated January 18, 1994, filed of record March 31, 1994,'as Document No. 2796372; • Further assigned to the NHL Trust, as approved by that certain Order Approving Liquidation Trust Agreement, entered by the Court of Chancery of the State of Delaware in and for New Castle County in C.A.'No. 13530 on December 17, 1996, by Assignment dated January 30, 1998, tiled of.record February 20, 1998, as Document No. 3041498. Further assigned to Real Estate Equities 1996 LLC, a Minnesota limited liability company,:by, Assignment dated February 2, 1998, filed of record February 20, 1998, as Document No. 3041502. Subordinate to Mortgage, Document No. 3041504 by Subordination Agreement dated February 6, 1998, filed of record February 20, 1998, as Document No. 3041505. ALTA Owner's Policy (10-17-92) Schedule B • FROM OPPEI`Ii�IMEI? (MKS. (MON) 07. 27' 08 11 :48 /JUL2Z7nr'98�� 10:40AM CommonweaFth St Paul M1nnesoia CoMhioNW'E'�4 �� ��>, LTH LAND TITLE INSURANCR.COMPANY FNDQ No, 1 File No. 41853C-A To be annexed to and forma part of Owner's Policy No. 418530-A insuring NENDC Redevelopment LLC, a Minnesota litrmited liability company , as sec forth in said Policy. The said Policy is hereby amended in the following manner. 1. The Company assures the Insured that said land described in Schedule A of this Policy is the same; premises as that property described under Property Tax Identification No. 22-29-22-33-0077 and does not include less or more property than the premises insured under this Policy_ The Company hereby insures said Insured against loss or damage in the event said assurance herein, shall,prove to be incorrect. 2. Notwithstanding the provisions of paragraph 3b of the Exclusions from Coverage of this Policy to the contrary, the, Company insures the named Insured that in the event of loss or damage insured against under,the insuring provisions of this Policy, the Company will not deny liability to the insured on the grounds that said insured had, at date of Policy, knowledge of any such matter or matters solely by , reason of Irnowledge,thereof imputed to the Insured.by operation of law (as opposed to actual knowledge) from Real Estate Equities 1996 LLC, a Minnesota limited liability shareholders or directors,. predecessor in title to the insured. company,Y, itsl officers,.• • The total liability of the Company under said policy and any endorsements attached thereto shall not exceed, in the aggregate, the fact amount of said policy and costs which the Company is obligated under the provisions of said policy to pay. This endorsement is made a part of said policy and is subject to the exclusions, schedules, endorsements, conditions; stipulations and terms thereof, except as modified by the provisions hereof. Nothing herein contained shall be construed as extending or changing the effectiYe date of said Policy, unless otherwise expressly stated. IN WITNESS WHEREOF COMMONYIEALTH LAND TIRE INSURANCE.COMPANY has caused its corporate name and seal to be'hereunto affixed by its duly authorized officers on the+ 20th day of February, 199g. Co tersigned rIWWEALTK LAND TITLE INSURANCE COMPANY ■ PfmdORL ttha4rsd Officer �i� '�.;.a` p Anne- /k Ici For further information regarding this endorsement please sou r contact Laurel A. Forrest, Judy Keiser, Paula Hendrickson or Linda K. Peterson at (612) 227-8571./LAF J. (MON) 07. 27' `0E 11 :49 �tTn QFnn�7nI D FROM OPPENHEIMER (MP.—. i JUL 7 '98 0:40RM • wt..'' — ` ,..r.,,-� �v, a..e, •.,.,:1Li-: �,�„ Commonwealth File No. 41853C-A COMMON EALTH LAND TITLE INSURANCE COMPAt,M! ALTA ENDORSEMENT - FORM 9 Attached to and made a part of Owner's Policy Number 41B53C-4. • The Company insures by reason of: •-•:: *$ege the Insured against loss or damage sustained J. Any incorrectness in the assurance that, at Date of Policy: (a) There are no covenants, conditions or restrictions under which the _ of the ,Insured can be divested,,5-ubordinated or extinguished, or its validity,, (b) Unless expressly excepted in ry, priorlt• or eaf impaired._ interest P to Schedule B: Y orceability - (1-) There are no present violations on the land of any enforceable eon improvements on the land violate any its, conditions or restrictions,nor,do an im rov• y building setback lines shown, on a plat of subdivision any existing (2) Any instrument ref _ recorded or iled.in the public erred to is Schedule B as containing covenants. conditions or restrictions on the Iand does not, in addition, (i)establish an easement on the land; (ii) provide a lien for.liquidated damages; or assessment; (iv)provide for an option to g • (iii)Provide'for a private charge occupant.assessment; P purchase, a right of first refusal or the prior approval of a future rc (3) 'There is no en Fu �.Ser or onto the land of existing encroachment of existing improvements located on the Iand onto adjoiningland, nor an �g�Fro�ments located on adjoining land_ any encroachment (4) ,There is no encroachment of existing improvements located on the sand onto that portion of the land eBsernent excepted in Schedule B. . subject to any • 2. Any future violation on the land of any existing covenants, conditions or restrictions occurring prior to the acquisition of title to the estate or interest in the land by the insured, provided the violation results in: (a) impairment or Joss of the •- : o Insured_ interest of the Inred_ 3. Damage to existing improvements, including lawns, shrubbery or,tress (a) which are located on or encroach upon that portion of the land ,subject to an damage results from the exercise of the right to maintain the easement for the o easement r excepted g Schedules which (b) resulting from the future exercise of any right to use the surface of the land for the extraction or development of miners purpose for which it was granted or reserved; excepted from the description of the land or excepted in Schedule B. 4. Is Any fin2l court order or 'ud Schedule B. j gment requiring the removal fmm any land adjoining the land of any encroachment excepted'in Any final court order or judgment denying . • If covenants, conditions or restrictions or building setback tines shown on a plac;of subdivision recorded or filed in the yt g the right to maintain any existing improvements on the land because of any violation Wherever in this endorsement the words -covenants, th public rrrords.. rclude the terms, co �an�, conditions or restrictions" appear, they shall not be deemed to refer to or covenants, conditions or limitations contained in an instrument creating a lease_ his endorsement,is made a part of the Policy and is subject to all of the terms and mt.°. Except to the extent ex zeb,ly stated, it neither modifies any provisions thereof and of any prior endorsements 'erect-. ents, nor does it extend the effective date of the policy y of the terms and provisions.of the policy and an °roof. P c5 and any prior endorsements, nor does it increase the face aymonat v+'1'INEsS WHEREOF, COMMONWEALTH Tll-L,A/1/4;D TTTLE be hereunto affixed by its duly authorized officers on the 20th INSURANCE CO l A.D. 19 has caused its co day of February, D. 1998. corporate name and seal untersigned COM_MONWF_4L?H LAND TITLE/Ng:RANCE COMPANY �p:err,tr /2.----;*---..' l'4., ----- A. _27;1.PKA 0,r• 0\C- c • un , �Fnn r nt- �a(MON) I' I--my �p�7N .w 1 Wr_H t?J: ..:,v.∎. .. . .. JUL 27 '98 10 40AM • 7, DETERMINATION, EXT)EHT OF L1ABn sly,�,ro . This policy is a contract of indemnity against acme, moo need on accordance ^ie the astern or[ova or damage Gas been definitely ' damage sustained or incurred by the insured claimant who has suffered)os4 damage shaft rd with these Conditions and Stipulations, the bas or or damage by reason of mattes insured against by this policy and only to Payable within 30,days thereafter. the extent herein described. 13. SUBROGATION UPON PAYMENT OFI (a)'The liability of the Company under this policy (tr)The Company's least of: Po cY shaU not exceed the Company's Right of Subrogation. whenever Cie Company shall have settled and paid a claim under this (i) the Amount of Insurance stated in Schedule A;or. Policy, all right of subrogation shall vest in the Company unaffected by (ii)the difference between the value of the insured carver or interest as any act of the insured claimant. insured and the value of the insured estate or interest subject to the defect. Ps Y s The Com n hall be sub,mantd to and be entitled 'to all rights and •Ilea or encumbrance insured against by this policy, remedies vrhtch the insured claimant Would have had against • (b) In the event the Amount of Insurance stated in Schedule A at the rrequested In by�the Company, the insured claimant shall' to person • Date o Poll Pew td the claim had 'this policy noL been issued- ff f Policy rs less than 80 percent of the value of the insured estate'or Company all•rights and remedies agamel interest or the full consideration paid for the land, whichever is less, any person or property necessary or if in order to perfect this right of subrogation. The insured claimant shall subsequent to the Date of Policy an improvement is erected tin the land Permit the Company to sue, compromise or settle in the name of the which increase, the value of the insured estate or interest by at least 20 insured claimant and to me the name of the insured claimant in any percent over the Amount of Insurance stated in Schedule A. then this transaction or litigation involving Policy is subject Co the following S these rights or'remedies. If a(i)where no subsequent improvement has been tirade,as to any partial insured pclaaiiman, the Comp Company shall besubrogatca to these rights of and loss, the Company shall only pay the loss pro rata in the proportion that remedies re,• the proportion which the Company's na the amount of insurance at Date of Policy bears to the total value,of the whole amount of the loss. insured estate'or interest at Date of Policy:or ymcnt•heirs to the • (ii) when a subsequent at improvement has been made to a If'loss should result from any alt of the ,neured claimant.,as stated loss, the Company shall only pay the loss pro rata in the proportion shall hethrequired tolpay�onlydthats bur the. c 120 percent of the Amount of Insvrantx stated in Schedule A bears to the policy. Company. 're, that event. sum of the Amount of Insurance stated in Schedule A and the amount reason of the'im'impairment by the insured of claimant es of th Company's t this' policy shall exceed the amount. if airy. lost to the Company by exp�dcd for the improvement, of subrogation. p y P y right. • The provisions of this Para graph shall not apply to costs• attorneys' fees and expenses for which'the Company is liable under this policy_and shall The n�Company s Rights Against Non-insured Obligors non-insured . only apply to that Portion of any lens which exceeds- in the aggregate. JO The Cgmpall n sigh. of sabre ,ion against nri -ins of c insur�dhao percent of the Amount of insurance sated in Schedule A. exist and shall tndudc wrchoat t' (e)The Company will indemnities, guar7mies, other policies' of r insurance Corr subemds incurred in accordance witliSSection of thew Conditions and and tipula ions which for sub terms,or fights by reason son of in those tnstruritcrtta 8. APPORTIONMENT, subrogation rights by rrrestrn of ibis policy, If the land described in Schedule A consists of two or mart parcels ter'Ata6t7aAT1Oty which are not used ass single site.and a loss is established affecting one or Unless pro�eibitt d by applicable law, either the Company or the insured mom of the pa is hut not all. the loss shall be w rcd and settled on a may demand arbitration pursuant to the Title Insurance Arbitration Rules pro rata basis as If the amount of insurance under this of the American Arbitration Association. Arbitrable marten may include. ' pm rata as to the value on Date of Perliev of each separate policy aseldio the whole. eXas to i! of any im ro but are not iimrted to,any controversy or claim between the Company and y P vomena made subsequent to Date of Policy, the insured arising out of or relating to this policy, any service of the unless a liability or valve has otherwise been agreed upon as to each parcel Company in connection with l issuance, or the breach of a by the Company and the insured at.the time of the issuance of this policy InSurance n is other obligation. ha arbitrable matters when the Amount Lthe and shown by an axprt Statement or by an endorsement attached to this Iureny tc SI_000.000 or less shall be arbitrated at the option of either the policy- Company or the insured All arbitrable ,matters when the Amount. of. 3. LIMITATION OF LIABILITY. Insurance is in.excess of SI.000,000 shall be arbitrated only when agreed to (a) If the Company establishes the title, or removes the alleged defect, both Rulcsyin and the effect anuthe datcr[hetrderrt�ndufor tgbihrat i is made or.at the option of the insur iien or encumbrance. or cures the lack of a right of access to or from the insured_ the Rules in effect at Dsre of Policy c,ab,lity of title all as insured, in it shall be binding upon the parties, The award may include attorneys' fees land, or cures the claim of vnma reasonably diligent manner by any method• including litigation and the only if the It.' of the state in which the land is located permit a court to reasonably of any appeals therefrom, it shall have fully performed its Y ' fees to a prevailing party. lad obligations with respect to that matter and shall not be liable award attorne s pre E (� y. amen upon the award or damage caused thereby. table for any loss rendered by the Arhurator(s) may be entered m any court having junsdietenn thereof. (b) in the event of any litigation_ including litigation by the Company The law of the situs of the land shall apply to an arbitration under the or with the Company s consent. the Company shall have no liability for Title Insurance Arbitration Rules. loss or damage until there has born•u final determination by a court of A copy of the.Rules may be obtained from the Company upon request. competent jurisdiction. and disposition of all appeals therefrom_adverse to the title as insured. 15_ LIABILITY LIMITED TO THIS POLICY;-POLICY ENTIRE CO NTRACT. (c)The Company shall not be liable for loss or damage to any insured • for liability voluntarily assumed by the insured in seuliag any claim or suit Without the.prior written consent of the Company. (a) This pdiiey together with all endorsements, if ally. attached hereto by the Company is the entire policy and contract between the insured and 10.'REDUCTION OF INSURANCE; REDUCTION OR TERMINATION( the Company.'In wholererrng any provision of this policy. ibis policy shall OF LIABILITY, be construed as a whole. All payments under this policy, except (b)'Any claim of loss or damage:. whether or not Waco on ne t¢enc , attorneys'pa me and under payments made for costs, and Which arises out of the status of the title TO the estate or interest • prais , shall reduce the amount of the insurance pro covered'hereby or toy any action assening such claim. shall be restricted to tanta this policy. • (c) No amendment of or endorsement to this policy can be made 11. LIABILITY NONCUMULATIVE It is expressly understood that the amount of insurance under this policy except by a writing endorsed hereon or attached hereto signed by either the shall be reduced by any amount the Company may P y Pradent, a ell President. the Secretory. an Assistant Sccrxta insuring 3 mortgage to p y y f'aY under any policy validaunR oirrcer or authorized si�tetory of the Company. or K the insured has agreed, s rotaken subject,orewhichisrherewhich er ` 16. SEVERQg1LiT7. executed by an insured and which is a charge or lien cm the estate or interest In the event any provision of the policy is held invalid or unenforceable r Described or referred to in Schedule A, and the amount so paid chore r,a under applicable law th .,t; �, P�_