02-199 (2) Return copy to: ,tG Council File # ps I/1
Real Estate Division
140 City Hall Green Sheet# t t‘ S C
RESOLUTI' 3 ha r
; CITY OF SAINT PAUL On o L
Presented By gt 1- IUl
Referred To _
1 WHEREAS, on November 7, 2002, the Council approved CF# 01-1203, thereby vacating parts of Frank and
2 Wilson Avenue as well as certain adjoining alleys, and releasing certain utility easements therein; and
3
4 WHEREAS,paragraph 4. of the conditions contained an error in the legal description, being lines 25 through
5 27 on page 2. of the said CF# 01-1203;
6
7 THEREFORE BE IT RESOLVED, that the said CF# 01-1203 is hereby amended with the substitution of the
8 following:
9
10 that part of Wilson Avenue lying easterly of the west right-of-way line of Frank Street and westerly of
11 the northerly extension of the east line of Lot 7, Block 6, H. F. Schwabe's Addition
12
13 for the said lines 25 through 27 of paragraph 4. of the conditions.
Yeas Nays Absent
Benanav ri Requested by Department of:
Blakey ✓ Technology & Management Services
Bostrom r
Coleman �✓ i
Harris By:
Lantry ► rector
Reiter v Form Approved by City Attorney
Adopted by 'ouncil: . e; /.3, .==7 By: .4.I . ,.I .I I / _ _ _
Adoption r -rtified b •e 'ecretary
By: ,1r(4,,Alv Appro ;• by ayor for Su.—is on to • ncil
A pp ro Y oz Date _ At/. Ar. ,
By: By: ., , �`► �
CITIZEN SERVICE OFFICE
Donald J.Luna,City Clerk
'
AtNL
SAU L CITY OF SAINT PAUL 170 City Hall Tel.: 651-266-8989
iti*P
Randy Kelly,Mayor 15 W.Kellogg Boulevard Fax: 651-266-8689
Saint Paul,Minnesota 55102
AIM
+>aw�
February 7, 2002
• Linda Murphy
Department of Public Works
Room 800, City Hall Annex
Dear Linda:
Please prepare prints showing the vacation of those parts of Schwabe's Addition in the City of St.
Paul as fully described in Council File 01-1203.
Please be advised that the necessary acceptance and fee have been filed. -,.
Sincerely,
sii,- a_66,,z)7d61,c
Shari Moore
Deputy City Clerk
cc: Valuation Engineer
Technology and Management Services File No.18-2001
Saint Paul, Minnesota
November 29, 2001
To the Honorable, the City Council
Saint Paul, Minnesota
Dear Council Members:
I,the undersigned petitioner,hereby accept and agree to comply with the terms and conditions of
Council File No. 01-1203, adopted by the City Council on November 7, 2001, and approved by
the Mayor on November 19, 2001.
f 9C/cJ e r, 's LL e
?tgotz S 200
1
Return copy to: Council File# O\-0.03
Real Estate Division
140 City Hall Green Sheet#\\1%0
RESOLUTIN
ORIGINAL CITY OF SAINT PAULO MINNESOTA
gy
Presented By Ke4
Referred To Committee: Date
1 BE IT RESOLVED, that, upon the petition of Frisch Properties, as documented in Real Estate Division
2 File Number 18-2001, public properties hereinafter described are hereby vacated and discontinued as
3 public property:
4 The property to be vacated is described as follows:
5 Parcel 1. The alley in Block 5,H. F. Schwabe's Addition.
6 Parcel 2. That part of the alley in Block 6,H. F. Schwabe's Addition lying westerly of a line from
7 the southeast corner of Lot 7 to the northeast corner of Lot 16,all in said Block 6.
8 Parcel 3. That part of Wilson Avenue lying easterly of a line from the southwest corner of Lot 17,
9 Block 7,H. F. Schwabe's Addition to the northwest corner of Lot 11,Block 6,said H. F.
10 Schwabe's Addition,and westerly of the northerly extension of the east line of Lot 7,said
11 Block 6.
12 Parcel 4. That part of Frank Street lying northerly of a line from the southwest corner of Lot 11,
13 Block 6, H. F. Schwabe's Addition,to the southeast corner of Lot 1,Block 3,said H. F.
14 Schwabe's Addition, and southerly of a line from the northwest corner Lot 17,Block 7,said
15 H. F. Schwabe's Addition to the northeast corner of Lot 32,Block 2,said H. F.
16 Schwabe's Addition.
17 BE IT FURTHER RESOLVED,that, subject to the herein stated exceptions and with the
18 accompanying Utility Easement Certificates of Intended Non-Use, filed voluntarily on behalf of Qwest
19 Communications, Incorporated, Xcel Energy Company, District Energy St. Paul, Incorporated, MCI
20 Worldcom, A.T. &T. Broadband, Saint Paul Regional Water Services, and the Department of Public
21 Works, made a part hereof by this reference and filed in the office of the City Clerk of Saint Paul, the
22 City, for itself and on behalf of these corporations and departments, hereby waives the right to and
23 releases the utility easements within the following public properties:
24 Parcel 1. The alley in Block 5,H. F. Schwabe's Addition and Block 10,Lindley Park.
25 Parcel 2. That part of the alley in Block 6,H. F. Schwabe's Addition lying westerly of the southerly
26 extension of the east line of Lot 7,said Block 6.
27 Parcel 3. That part of Wilson Avenue lying easterly of the east right-of-way line of Frank Street and
28 westerly of the northerly extension of the east line of Lot 7,Block 6,H. F. Schwabe's
29 Addition.
OA—103
1 Parcel 4. That part of Frank Street lying northerly of a line from the southwest corner of Lot 11,
2 Block 6,H. F. Schwabe's Addition,to the southeast corner of Lot 1,Block 3,said H. F.
3 Schwabe's Addition,and southerly of a line from the northwest corner Lot 17,Block 7,said
4 H. F. Schwabe's Addition to the northeast corner of Lot 32,Block 2,said H. F.
5 Schwabe's Addition.
6 Parcel 5. That part of vacated Wakefield Street lying easterly of a line from the southwest corner of
7 Lot 12,Block 6,H. F. Schwabe's Addition to the northwest corner of Lot 6,Block 5,said
8 H. F. Schwabe's Addition, and westerly of a line from the southeast corner of Block 9,
9 Lindley Park to the northeast corner of Block 10,said Lindley Park.
10 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the
11 Saint Paul Legislative Code as amended, and to the following conditions:
12 1. That the petitioner's, their successors and assigns shall pay$500.00 as an administrative fee for
13 this vacation which is due and payable within 60 days of the effective date of this resolution.
14 2. That the petitioner shall acquire fee ownership of, and shall demolish existing buildings on:
15 a. Lot 19, Block 7, H. F. Schwabe's Addition;
16 b. Lot 7 and the West 20.00 feet of Lot 8, Block 5, H. F. Schwabe's Addition; and
17 c. Lot 9, except the West 43.00 feet, Block 5, H. F. Schwabe's Addition, and Lot 3,Block
18 10, Lindley Park, except West Triangular part measured 20.65 feet on the street and 34.33
19 feet on its Easterly line and also except East 7.33 feet.
20 3. That the petitioner shall be responsible for handling the drainage of storm water run-off from
21 adjacent areas of unimproved right-of-way which currently drain to this parcel, and shall submit
22 development plans showing how they will handle this drainage in a manner acceptable to the
23 Department of Public Works.
24 4. That a permanent utility easement shall be retained on, over, under and across
25 that part of Wilson Avenue lying easterly of the east right-of-way line of Frank Street
26 and westerly of the northerly extension of the east line of Lot 7, Block 6, H. F.
27 Schwabe's Addition
28 on behalf of the City of Saint Paul, Department of Public Works to reserve the right of the City to
29 maintain and operate any sewer in or upon said easement and to enter upon said easement or any
30 portion thereof at any time and from time to time, for the purposes of future construction,
31 reconstruction, inspecting, maintaining or repairing the same or any part thereof. Any
32 development or use of the property shall be subject to the following conditions:
33 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any
34 other objects that will prohibit normal access to utility facilities for maintenance purposes
35 will be permitted within the easement area.
36 b. Improvements in or upon the above described easement that do not prohibit the City from
37 exercising its reserved rights may be allowed by obtaining written permission from the
38 Department of Public Works Sewer Division with the understanding that the restoration
39 and costs of such improvements shall be the sole responsibility of the petitioner, its
40 successors and assigns in the event the City exercises its reserved easement rights.
0\
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.
3 d. No change in surfacing within the easement area will be permitted without written
4 permission from the Department of Public Works.
5 e. The petitioner, its successors and assigns shall indemnify, defend, and save harmless the
6 City of Saint Paul, its officers, agents, employees, and servants from all suits, actions, or
7 claims which shall arise from any injuries or damages received or sustained by any break
8 in any service pipe or connection in said reserved easement arising out of or resulting
9 from any action or negligence of the petitioner, its employees, agents, or business
10 invitees.
11 5. That the petitioners, their successors and assigns agree to indemnify, defend and save harmless
12 the City of Saint Paul, its officers and employees from all suits, actions or claims of any character
13 brought as a result of injuries or damages received or sustained by any person, persons or
14 property on account of this vacation or petitioners' use of this property, including but not limited
15 to, a claim brought because of any act of omission, neglect, or misconduct of said petitioners or
16 because of any claims or liability arising from any violation of any law or regulation made in
17 accordance with the law, whether by the petitioners or any of their agents or employees.
18 6. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this
19 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution
20 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in
21 all respects with these terms and conditions.
Yeas Nays Absent
Benanav ,/ Requested by Department of:
Blakey f Technology & Management Services
Bostrom ( /l
Coleman I ,�
Harris f By: C:,?( 1191144
Lantry ,/ ��/��irector
Reiter ,/ Form Approved by City Attorney r' "`"
U Q
Adopted by Council: Date 1\Q„. 0100 By: gtit.„
Adoption Certified by Council Secretary
By: . •pproved by Mayor for Submission to Council
Approved by Mayor: Date 040
By: By: •#.70./(--/kief%(
.
Return copy to: Council File# O\- .03
Real Estate Division
140 City Hall Green Sheet#r
( r I N RESOLUTION
K G L CITY OF SAINT PAUL, MINNESOTA
gy
Presented By �/ }ryl
� I f/
Referred To Committee: Date
1 BE IT RESOLVED, that, upon the petition of Frisch Properties, as documented in Real Estate Division
2 File Number 18-2001, public properties hereinafter described are hereby vacated and discontinued as
3 public property:
4 The property to be vacated is described as follows:
5 Parcel 1. The alley in Block 5, H. F. Schwabe's Addition.
6 Parcel 2. That part of the alley in Block 6,H. F. Schwabe's Addition lying westerly of a line from
7 the southeast corner of Lot 7 to the northeast corner of Lot 16,all in said Block 6.
8 Parcel 3. That part of Wilson Avenue lying easterly of a line from the southwest corner of Lot 17,
9 Block 7,H. F. Schwabe's Addition to the northwest corner of Lot 11,Block 6,said H. F.
10 Schwabe's Addition, and westerly of the northerly extension of the east line of Lot 7,said
11 Block 6.
12 Parcel 4. That part of Frank Street lying northerly of a line from the southwest corner of Lot 11,
13 Block 6,H. F. Schwabe's Addition,to the southeast corner of Lot 1,Block 3,said H. F.
14 Schwabe's Addition, and southerly of a line from the northwest corner Lot 17,Block 7,said
15 H. F. Schwabe's Addition to the northeast corner of Lot 32,Block 2,said H. F.
16 Schwabe's Addition.
17 BE IT FURTHER RESOLVED, that, subject to the herein stated exceptions and with the
18 accompanying Utility Easement Certificates of Intended Non-Use, filed voluntarily on behalf of Qwest
19 Communications, Incorporated, Xcel Energy Company, District Energy St. Paul, Incorporated, MCI
20 Worldcom, A.T. &T. Broadband, Saint Paul Regional Water Services, and the Department of Public
21 Works, made a part hereof by this reference and filed in the office of the City Clerk of Saint Paul, the
22 City, for itself and on behalf of these corporations and departments, hereby waives the right to and
23 releases the utility easements within the following public properties:
24 Parcel 1. The alley in Block 5, H. F. Schwabe's Addition and Block 10, Lindley Park.
25 Parcel 2. That part of the alley in Block 6,H. F. Schwabe's Addition lying westerly of the southerly
26 extension of the east line of Lot 7,said Block 6.
27 Parcel 3. That part of Wilson Avenue lying easterly of the east right-of-way line of Frank Street and
28 westerly of the northerly extension of the east line of Lot 7,Block 6,H. F. Schwabe's
29 Addition.
(A-1403
1 Parcel 4. That part of Frank Street lying northerly of a line from the southwest corner of Lot 11,
2 Block 6,H. F. Schwabe's Addition,to the southeast corner of Lot 1,Block 3,said H. F.
3 Schwabe's Addition,and southerly of a line from the northwest corner Lot 17,Block 7,said
4 H. F. Schwabe's Addition to the northeast corner of Lot 32,Block 2,said H. F.
5 Schwabe's Addition.
6 Parcel 5. That part of vacated Wakefield Street lying easterly of a line from the southwest corner of
7 Lot 12,Block 6,H. F. Schwabe's Addition to the northwest corner of Lot 6,Block 5,said
8 H. F. Schwabe's Addition,and westerly of a line from the southeast corner of Block 9,
9 Lindley Park to the northeast corner of Block 10,said Lindley Park.
10 This vacation shall be subject to the terms and condition of Chapter 130, codified March I, 1981, of the
11 Saint Paul Legislative Code as amended, and to the following conditions:
12 1. That the petitioner's, their successors and assigns shall pay$500.00 as an administrative fee for
13 this vacation which is due and payable within 60 days of the effective date of this resolution.
14 2: That the petitioner shall acquire fee ownership of, and shall demolish existing buildings on:
15 a. Lot 19, Block 7, H. F. Schwabe's Addition;
16 b. Lot 7 and the West 20.00 feet of Lot 8, Block 5, H. F. Schwabe's Addition; and
17 c. Lot 9, except the West 43.00 feet, Block 5, H. F. Schwabe's Addition, and Lot 3, Block
18 10, Lindley Park, except West Triangular part measured 20.65 feet on the street and 34.33
19 feet on its Easterly line and also except East 7.33 feet.
20 3. That the petitioner shall be responsible for handling the drainage of storm water run-off from
21 adjacent areas of unimproved right-of-way which currently drain to this parcel, and shall submit
22 development plans showing how they will handle this drainage in a manner acceptable to the
23 Department of Public Works.
24 4. That a permanent utility easement shall be retained on, over, under and across
25 that part of Wilson Avenue lying easterly of the east right-of-way line of Frank Street
26 and westerly of the northerly extension of the east line of Lot 7, Block 6, H. F.
27 Schwabe's Addition
28 on behalf of the City of Saint Paul, Department of Public Works to reserve the right of the City to
29 maintain and operate any sewer in or upon said easement and to enter upon said easement or any
30 portion thereof at any time and from time to time, for the purposes of future construction,
31 reconstruction, inspecting, maintaining or repairing the same or any part thereof. Any
32 development or use of the property shall be subject to the following conditions:
33 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any
34 other objects that will prohibit normal access to utility facilities for maintenance purposes
35 will be permitted within the easement area.
36 b. Improvements in or upon the above described easement that do not prohibit the City from
37 exercising its reserved rights may be allowed by obtaining written permission from the
38 Department of Public Works Sewer Division with the understanding that the restoration
39 and costs of such improvements shall be the sole responsibility of the petitioner, its
40 successors and assigns in the event the City exercises its reserved easement rights.
0\ -1)43
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.
3 d. No change in surfacing within the easement area will be permitted without written
4 permission from the Department of Public Works.
5 e. The petitioner, its successors and assigns shall indemnify, defend, and save harmless the
6 City of Saint Paul, its officers, agents, employees, and servants from all suits, actions, or
7 claims which shall arise from any injuries or damages received or sustained by any break
8 in any service pipe or connection in said reserved easement arising out of or resulting
9 from any action or negligence of the petitioner, its employees, agents, or business
10 invitees.
11 5. That the petitioners, their successors and assigns agree to indemnify, defend and save harmless
12 the City of Saint Paul, its officers and employees from all suits, actions or claims of any character
13 brought as a result of injuries or damages received or sustained by any person, persons or
14 property on account of this vacation or petitioners' use of this property, including but not limited
15 to, a claim brought because of any act of omission, neglect, or misconduct of said petitioners or
16 because of any claims or liability arising from any violation of any law or regulation made in
17 accordance with the law, whether by the petitioners or any of their agents or employees.
18 6. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this
19 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution
20 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in
21 all respects with these terms and conditions.
Yeas Nays Absent
Benanav ,/ Requested by Department of:
Blakey f Technology & Management Services
Bostrom l I I I
Coleman I ,/ dP-J/0/-Harris By:
Lantry ,/
Reiter f Form Approved by City Attorney p9irector
-
Adopted by Council: Date 1Na„, r( o o By: JV` A_ tW1-7
Adoption Certified by Council Secretary
By: . A pproved by Mayor for Submission to Council
Approved by Mayor: Date • Z12374.
By: By: ' ''a::711/6kiel-4(
Return copy to: Council File# 0\43.03
Real Estate Division
140 City Hall Green Sheet#\11 CO
RESOLUTION
ORIGINAL CITY OF SAINT PAUL, MINNESOTA
8y
Presented By
G11 ,
Referred To ( Committee: Date.
•
1 BE IT RESOLVED,that, upon the petition of Frisch Properties, as documented in Real Estate Division
2 File Number 18-2001, public properties hereinafter described are hereby vacated and discontinued as
3 public property:
4 The property to be vacated is described as follows:
5 Parcel 1. The alley in Block 5, H. F. Schwabe's Addition.
6 Parcel 2. That part of the alley in Block 6, H. F. Schwabe's Addition lying westerly of a line from
7 the southeast corner of Lot 7 to the northeast corner of Lot 16,all in said Block 6.
8 Parcel 3. That part of Wilson Avenue lying easterly of a line from the southwest corner of Lot 17,
9 Block 7,H. F. Schwabe's Addition to the northwest corner of Lot 11,Block 6,said H. F.
10 Schwabe's Addition, and westerly of the northerly extension of the east line of Lot 7,said
11 Block 6.
12 Parcel 4. That part of Frank Street lying northerly of a line from the southwest corner of Lot 11,
13 Block 6,H. F. Schwabe's Addition, to the southeast corner of Lot 1,Block 3,said H. F.
14 Schwabe's Addition, and southerly of a line from the northwest corner Lot 17,Block 7,said
15 H. F. Schwabe's Addition to the northeast corner of Lot 32,Block 2,said H. F.
16 Schwabe's Addition.
17 BE IT FURTHER RESOLVED, that, subject to the herein stated exceptions and with the
18 accompanying Utility Easement Certificates of Intended Non-Use, filed voluntarily on behalf of Qwest
19 Communications, Incorporated, Xcel Energy Company, District Energy St. Paul, Incorporated, MCI
20 Worldcom, A.T. &T. Broadband, Saint Paul Regional Water Services, and the Department of Public
21 Works, made a part hereof by this reference and filed in the office of the City Clerk of Saint Paul, the
22 City, for itself and on behalf of these corporations and departments, hereby waives the right to and
23 releases the utility easements within the following public properties:
24 Parcel 1. The alley in Block 5, H. F. Schwabe's Addition and Block 10, Lindley Park.
25 Parcel 2. That part of the alley in Block 6, H. F. Schwabe's Addition lying westerly of the southerly
26 extension of the east line of Lot 7,said Block 6.
27 Parcel 3. That part of Wilson Avenue lying easterly of the east right-of-way line of Frank Street and
28 westerly of the northerly extension of the east line of Lot 7,Block 6,H. F. Schwabe's
29 Addition.
O\—1303
1 Parcel 4. That part of Frank Street lying northerly of a line from the southwest corner of Lot 11,
2 Block 6,H. F. Schwabe's Addition,to the southeast corner of Lot 1,Block 3,said H. F.
3 Schwabe's Addition, and southerly of a line from the northwest corner Lot 17,Block 7,said
4 H. F. Schwabe's Addition to the northeast corner of Lot 32,Block 2,said H. F.
5 Schwabe's Addition.
6 Parcel 5. That part of vacated Wakefield Street lying easterly of a line from the southwest corner of
7 Lot 12,Block 6,H. F. Schwabe's Addition to the northwest corner of Lot 6,Block 5,said
8 H. F. Schwabe's Addition, and westerly of a line from the southeast corner of Block 9,
9 Lindley Park to the northeast corner of Block 10,said Lindley Park.
10 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the
11 Saint Paul Legislative Code as amended, and to the following conditions:
12 1. That the petitioner's, their successors and assigns shall pay$500.00 as an administrative fee for
13 this vacation which is due and payable within 60 days of the effective date of this resolution.
14 2. That the petitioner shall acquire fee ownership of, and shall demolish existing buildings on:
15 a. Lot 19, Block 7, H. F. Schwabe's Addition;
16 b. Lot 7 and the West 20.00 feet of Lot 8, Block 5, H. F. Schwabe's Addition; and
17 c. Lot 9, except the West 43.00 feet, Block 5, H. F. Schwabe's Addition, and Lot 3, Block
18 10, Lindley Park, except West Triangular part measured 20.65 feet on the street and 34.33
19 feet on its Easterly line and also except East 7.33 feet.
20 3. That the petitioner shall be responsible for handling the drainage of storm water run-off from
21 adjacent areas of unimproved right-of-way which currently drain to this parcel, and shall submit
22 development plans showing how they will handle this drainage in a manner acceptable to the
23 Department of Public Works.
24 4. That a permanent utility easement shall be retained on, over, under and across
25 that part of Wilson Avenue lying easterly of the east right-of-way line of Frank Street
26 and westerly of the northerly extension of the east line of Lot 7, Block 6, H. F.
27 Schwabe's Addition
28 on behalf of the City of Saint Paul, Department of Public Works to reserve the right of the City to
29 maintain and operate any sewer in or upon said easement and to enter upon said easement or any
30 portion thereof at any time and from time to time, for the purposes of future construction,
31 reconstruction, inspecting, maintaining or repairing the same or any part thereof. Any
32 development or use of the property shall be subject to the following conditions:
33 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any
34 other objects that will prohibit normal access to utility facilities for maintenance purposes
35 will be permitted within the easement area.
36 b. Improvements in or upon the above described easement that do not prohibit the City from
37 exercising its reserved rights may be allowed by obtaining written permission from the
38 Department of Public Works Sewer Division with the understanding that the restoration
39 and costs of such improvements shall be the sole responsibility of the petitioner, its
40 successors and assigns in the event the City exercises its reserved easement rights.
0\ —t}o3
1 c. No change from the existing grade within the easement area will be peiniitted without
2 written permission from the Department of Public Works. -
3 d. No change in surfacing within the easement area will be permitted without written
4 permission from the Department of Public Works.
5 e. The petitioner, its successors and assigns shall indemnify, defend, and save harmless the
6 City of Saint Paul, its officers, agents, employees, and servants from all suits, actions, or
7 claims which shall arise from any injuries or damages received or sustained by any break
8 in any service pipe or connection in said reserved easement arising out of or resulting
9 from any action or negligence of the petitioner, its employees, agents, or business
10 invitees.
11 5. That the petitioners, their successors and assigns agree to indemnify, defend and save harmless
12 the City of Saint Paul, its officers and employees from all suits, actions or claims of any character
13 brought as a result of injuries or damages received or sustained by any person, persons or
14 property on account of this vacation or petitioners' use of this property, including but not limited
15 to, a claim brought because of any act of omission, neglect, or misconduct of said petitioners or
16 because of any claims or liability arising from any violation of any law or regulation made in
17 accordance with the law, whether by the petitioners or any of their agents or employees.
18 6. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this
19 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution
20 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in
21 all respects with these terms and conditions.
Yeas Nays Absent
Benanav [ Requested by Department of:
Blakey f ,/ ,[ Technology &Management Services
[.Bostrom I �/
Coleman I ,/ I /
Harris By:
Lantry ' irector
/
Reiter , Form Approved by City Attorney "`"
I I U O
Adopted by Council: Date 1\a„ rI Q.o o By: JV+p
Adoption Certified by Council Secretary}
By: . • pproved by Mayor for Submission to Council
Approved by Mayor: Date ■ Z411217/___
By: By: /%
Return copy to: Council File# 0\-4Z.03
Real Estate Division
140 City Hall Green Sheet#`\\'.CO
RESOLUTION
ORIGINAL CITY OF SAINT PAUL, MINNESOTA
8y
Presented By
Cv
G.!1_, 7
Referred To Committee: Date
1 BE IT RESOLVED, that, upon the petition of Frisch Properties, as documented in Real Estate Division
2 File Number 18-2001, public properties hereinafter described are hereby vacated and discontinued as
3 public property:
4 The property to be vacated is described as follows:
5 Parcel 1. The alley in Block 5,H. F. Schwabe's Addition.
6 Parcel 2. That part of the alley in Block 6,H. F. Schwabe's Addition lying westerly of a line from
7 the southeast corner of Lot 7 to the northeast corner of Lot 16,all in said Block 6.
8 Parcel 3. That part of Wilson Avenue lying easterly of a line from the southwest corner of Lot 17,
9 Block 7,H. F. Schwabe's Addition to the northwest corner of Lot 11,Block 6,said H. F.
10 Schwabe's Addition,and westerly of the northerly extension of the east line of Lot 7,said
11 Block 6.
12 Parcel 4. That part of Frank Street lying northerly of a line from the southwest corner of Lot 11,
13 Block 6,H. F. Schwabe's Addition,to the southeast corner of Lot 1,Block 3,said H. F.
14 Schwabe's Addition,and southerly of a line from the northwest corner Lot 17,Block 7,said
15 H. F. Schwabe's Addition to the northeast corner of Lot 32,Block 2,said H. F.
16 Schwabe's Addition.
17 BE IT FURTHER RESOLVED, that, subject to the herein stated exceptions and with the
18 accompanying Utility Easement Certificates of Intended Non-Use, filed voluntarily on behalf of Qwest
19 Communications, Incorporated, Xcel Energy Company, District Energy St. Paul, Incorporated, MCI
20 Worldcom, A.T. & T. Broadband, Saint Paul Regional Water Services, and the Department of Public
21 Works, made a part hereof by this reference and filed in the office of the City Clerk of Saint Paul, the
22 City, for itself and on behalf of these corporations and departments, hereby waives the right to and
23 releases the utility easements within the following public properties:
24 Parcel 1. The alley in Block 5,H. F. Schwabe's Addition and Block 10,Lindley Park.
25 Parcel 2. That part of the alley in Block 6,H. F. Schwabe's Addition lying westerly of the southerly
26 extension of the east line of Lot 7,said Block 6.
27 Parcel 3. That part of Wilson Avenue lying easterly of the east right-of-way line of Frank Street and
28 westerly of the northerly extension of the east line of Lot 7,Block 6,H. F. Schwabe's
29 Addition.
o‘—Ii03
1 Parcel 4. That part of Frank Street lying northerly of a line from the southwest corner of Lot 11,
2 Block 6,H. F. Schwabe's Addition,to the southeast corner of Lot 1,Block 3,said H. F.
_ 3 Schwabe's Addition, and southerly of a line from the northwest corner Lot 17,Block 7,said
4 H. F. Schwabe's Addition to the northeast corner of Lot 32,Block 2,said H. F.
5 Schwabe's Addition.
6 Parcel 5. That part of vacated Wakefield Street lying easterly of a line from the southwest corner of
7 Lot 12,Block 6,H. F. Schwabe's Addition to the northwest corner of Lot 6,Block 5,said
8 H. F. Schwabe's Addition,and westerly of a line from the southeast corner of Block 9,
9 Lindley Park to the northeast corner of Block 10,said Lindley Park.
10 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the
11 Saint Paul Legislative Code as amended, and to the following conditions:
12 1. That the petitioner's, their successors and assigns shall pay$500.00 as an administrative fee for
13 this vacation which is due and payable within 60 days of the effective date of this resolution.
14 2. That the petitioner shall acquire fee ownership of,and shall demolish existing buildings on:
15 a. Lot 19, Block 7, H. F. Schwabe's Addition;
16 b. Lot 7 and the West 20.00 feet of Lot 8, Block 5, H. F. Schwabe's Addition; and
17 c. Lot 9, except the West 43.00 feet, Block 5, H. F. Schwabe's Addition, and Lot 3, Block
18 10, Lindley Park, except West Triangular part measured 20.65 feet on the street and 34.33
19 feet on its Easterly line and also except East 7.33 feet.
20 3. That the petitioner shall be responsible for handling the drainage of storm water run-off from
21 adjacent areas of unimproved right-of-way which currently drain to this parcel, and shall submit
22 development plans showing how they will handle this drainage in a manner acceptable to the
23 Department of Public Works.
24 4. That a permanent utility easement shall be retained on, over, under and across
25 that part of Wilson Avenue lying easterly of the east right-of-way line of Frank Street
26 and westerly of the northerly extension of the east line of Lot 7, Block 6, H. F.
27 Schwabe's Addition
28 on behalf of the City of Saint Paul, Department of Public Works to reserve the right of the City to
29 maintain and operate any sewer in or upon said easement and to enter upon said easement or any
30 portion thereof at any time and from time to time, for the purposes of future construction,
31 reconstruction, inspecting, maintaining or repairing the same or any part thereof. Any
32 development or use of the property shall be subject to the following conditions:
33 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any
34 other objects that will prohibit normal access to utility facilities for maintenance purposes
35 will be permitted within the easement area.
36 b. Improvements in or upon the above described easement that do not prohibit the City from
37 exercising its reserved rights may be allowed by obtaining written permission from the
38 Department of Public Works Sewer Division with the understanding that the restoration
39 and costs of such improvements shall be the sole responsibility of the petitioner, its
40 successors and assigns in the event the City exercises its reserved easement rights.
0 —1a43
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.
3 d. No change in surfacing within the easement area will be permitted without written
4 permission from the Department of Public Works.
5 e. The petitioner, its successors and assigns shall indemnify, defend, and save harmless the
6 City of Saint Paul, its officers, agents, employees, and servants from all suits, actions, or
7 claims which shall arise from any injuries or damages received or sustained by any break
8 in any service pipe or connection in said reserved easement arising out of or resulting
9 from any action or negligence of the petitioner, its employees, agents, or business
10 invitees.
11 5. That the petitioners, their successors and assigns agree to indemnify, defend and save harmless
12 the City of Saint Paul, its officers and employees from all suits, actions or claims of any character
13 brought as a result of injuries or damages received or sustained by any person, persons or
14 property on account of this vacation or petitioners' use of this property, including but not limited
15 to, a claim brought because of any act of omission, neglect, or misconduct of said petitioners or
16 because of any claims or liability arising from any violation of any law or regulation made in
17 accordance with the law, whether by the petitioners or any of their agents or employees.
18 6. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this
19 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution
20 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in
21 all respects with these terms and conditions.
Yeas Nays Absent
Benanav ,/ Requested by Department of:
Blakey / Technology& Management Services
Bostrom tl
Coleman
Harris //' By: CA'
Lantry ,/ Virector
Reiter ,/ Form Approved by City Attorney
r[ U 0 -
Adopted by Council: Date `\a„, '"( moo ■ By: I'
�JV�p !
Adoption Certified by Council Secretary
By: . • pproved by Mayor for Submission to Council
Approved by Mayor: Date . d
By: By: �%'�/
Return copy to: Council File# M-Va.03
Real Estate Division
140 City Hall Green Sheet#‘k\ cO
RESOLUTION
ORIGINAL CITY OF SAINT PAUL, MINNESOTA
8y
Presented By }9c�
Referred To Committee: Date
1 BE IT RESOLVED, that, upon the petition of Frisch Properties, as documented in Real Estate Division
2 File Number 18-2001, public properties hereinafter described are hereby vacated and discontinued as
3 public property:
4 The property to be vacated is described as follows:
5 Parcel 1. The alley in Block 5,H. F. Schwabe's Addition.
6 Parcel 2. That part of the alley in Block 6,H. F. Schwabe's Addition lying westerly of a line from
7 the southeast corner of Lot 7 to the northeast corner of Lot 16, all in said Block 6.
8 Parcel 3. That part of Wilson Avenue lying easterly of a line from the southwest corner of Lot 17,
9 Block 7,H. F. Schwabe's Addition to the northwest corner of Lot 11,Block 6,said H. F.
10 Schwabe's Addition,and westerly of the northerly extension of the east line of Lot 7,said
11 Block 6.
12 Parcel 4. That part of Frank Street lying northerly of a line from the southwest corner of Lot 11,
13 Block 6,H. F. Schwabe's Addition,to the southeast corner of Lot 1,Block 3,said H. F.
14 Schwabe's Addition, and southerly of a line from the northwest corner Lot 17,Block 7,said
15 H. F. Schwabe's Addition to the northeast corner of Lot 32,Block 2,said H. F.
16 Schwabe's Addition.
17 BE IT FURTHER RESOLVED, that, subject to the herein stated exceptions and with the
18 accompanying Utility Easement Certificates of Intended Non-Use, filed voluntarily on behalf of Qwest
19 Communications, Incorporated, Xcel Energy Company, District Energy St. Paul, Incorporated, MCI
20 Worldcom, A.T. &T. Broadband, Saint Paul Regional Water Services, and the Department of Public
21 Works, made a part hereof by this reference and filed in the office of the City Clerk of Saint Paul, the
22 City, for itself and on behalf of these corporations and departments, hereby waives the right to and
23 releases the utility easements within the following public properties:
24 Parcel 1. The alley in Block 5,H. F. Schwabe's Addition and Block 10,Lindley Park.
25 Parcel 2. That part of the alley in Block 6,H. F. Schwabe's Addition lying westerly of the southerly
26 extension of the east line of Lot 7,said Block 6.
27 Parcel 3. That part of Wilson Avenue lying easterly of the east right-of-way line of Frank Street and
28 westerly of the northerly extension of the east line of Lot 7,Block 6,H. F. Schwabe's
29 Addition.
Ox—ID3
1 Parcel 4. That part of Frank Street lying northerly of a line from the southwest corner of Lot 11,
2 Block 6,H. F. Schwabe's Addition,to the southeast corner of Lot 1,Block 3,said H. F.
_ 3 Schwabe's Addition, and southerly of a line from the northwest corner Lot 17,Block 7,said
4 H. F. Schwabe's Addition to the northeast corner of Lot 32,Block 2,said H. F.
5 Schwabe's Addition.
6 Parcel 5. That part of vacated Wakefield Street lying easterly of a line from the southwest corner of
7 Lot 12,Block 6,H. F. Schwabe's Addition to the northwest corner of Lot 6,Block 5,said
8 H. F. Schwabe's Addition,and westerly of a line from the southeast corner of Block 9,
9 Lindley Park to the northeast corner of Block 10,said Lindley Park.
10 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the
11 Saint Paul Legislative Code as amended, and to the following conditions:
12 1. That the petitioner's, their successors and assigns shall pay $500.00 as an administrative fee for
13 this vacation which is due and payable within 60 days of the effective date of this resolution.
14 2. That the petitioner shall acquire fee ownership of, and shall demolish existing buildings on:
15 a. Lot 19, Block 7, H. F. Schwabe's Addition;
16 b. Lot 7 and the West 20.00 feet of Lot 8, Block 5, H. F. Schwabe's Addition; and
17 c. Lot 9, except the West 43.00 feet, Block 5, H. F. Schwabe's Addition, and Lot 3, Block
18 10, Lindley Park, except West Triangular part measured 20.65 feet on the street and 34.33
19 feet on its Easterly line and also except East 7.33 feet.
20 3. That the petitioner shall be responsible for handling the drainage of storm water run-off from
21 adjacent areas of unimproved right-of-way which currently drain to this parcel, and shall submit
22 development plans showing how they will handle this drainage in a manner acceptable to the
23 Department of Public Works.
24 4. That a permanent utility easement shall be retained on, over, under and across
25 that part of Wilson Avenue lying easterly of the east right-of-way line of Frank Street
26 and westerly of the northerly extension of the east line of Lot 7, Block 6, H. F.
27 Schwabe's Addition
28 on behalf of the City of Saint Paul, Department of Public Works to reserve the right of the City to
29 maintain and operate any sewer in or upon said easement and to enter upon said easement or any
30 portion thereof at any time and from time to time, for the purposes of future construction,
31 reconstruction, inspecting, maintaining or repairing the same or any part thereof. Any
32 development or use of the property shall be subject to the following conditions:
33 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any
34 other objects that will prohibit normal access to utility facilities for maintenance purposes
35 will be permitted within the easement area.
36 b. Improvements in or upon the above described easement that do not prohibit the City from
37 exercising its reserved rights may be allowed by obtaining written permission from the
38 Department of Public Works Sewer Division with the understanding that the restoration
39 and costs of such improvements shall be the sole responsibility of the petitioner, its
40 successors and assigns in the event the City exercises its reserved easement rights.
•
0 -t�3
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.
3 d. No change in surfacing within the easement area will be permitted without written
4 permission from the Department of Public Works.
5 e. The petitioner, its successors and assigns shall indemnify, defend, and save harmless the
6 City of Saint Paul, its officers, agents, employees, and servants from all suits, actions, or
7 claims which shall arise from any injuries or damages received or sustained by any break
8 in any service pipe or connection in said reserved easement arising out of or resulting
9 from any action or negligence of the petitioner, its employees, agents, or business
10 invitees.
11 5. That the petitioners, their successors and assigns agree to indemnify, defend and save harmless
12 the City of Saint Paul, its officers and employees from all suits, actions or claims of any character
13 brought as a result of injuries or damages received or sustained by any person, persons or
14 property on account of this vacation or petitioners' use of this property, including but not limited
15 to, a claim brought because of any act of omission, neglect, or misconduct of said petitioners or
16 because of any claims or liability arising from any violation of any law or regulation made in
17 accordance with the law, whether by the petitioners or any of their agents or employees.
18 6. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this
19 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution
20 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in
21 all respects with these terms and conditions. -
Yeas Nays Absent
Benanav ,/ Requested by Department of:
Blakey / Technology & Management Services
Bostrom � �/ I
Coleman ( ,/
Harris
4/' By:
Lantry ,/ j irector
Reiter ,/ Form Approved by City Attorney
I r[ I U O -
Adopted by Council: Date _N. Q o o By: ✓fi .p� `A, nc.QL�
Adoption Certified by Council Secretary
By: . A pproved by Mayor for Submission to Council
Approved by Mayor: Date • d ZaPi_
By: By: 3V:711/-1.16(ei
Return copy to: Council File# 0v--a.03
Real Estate Division
140 City Hall Green Sheet#\\\ �
RESOLUTIN
ORIGINAL CITY OF SAINT PAULO MINNESOTA
gy
Presented By
Cv (� 1 ,
Referred To Committee: Date
1 BE IT RESOLVED, that, upon the petition of Frisch Properties, as documented in Real Estate Division
2 File Number 18-2001, public properties hereinafter described are hereby vacated and discontinued as
3 public property:
4 The property to be vacated is described as follows:
5 Parcel 1. The alley in Block 5,H. F. Schwabe's Addition.
6 Parcel 2. That part of the alley in Block 6,H. F. Schwabe's Addition lying westerly of a line from
7 the southeast corner of Lot 7 to the northeast corner of Lot 16,all in said Block 6.
8 Parcel 3. That part of Wilson Avenue lying easterly of a line from the southwest corner of Lot 17,
9 Block 7,H. F. Schwabe's Addition to the northwest corner of Lot 11,Block 6,said H. F.
10 Schwabe's Addition,and westerly of the northerly extension of the east line of Lot 7,said
11 Block 6.
12 Parcel 4. That part of Frank Street lying northerly of a line from the southwest corner of Lot 11,
13 Block 6,H. F. Schwabe's Addition, to the southeast corner of Lot 1,Block 3,said H. F.
14 Schwabe's Addition, and southerly of a line from the northwest corner Lot 17,Block 7,said
15 H. F. Schwabe's Addition to the northeast corner of Lot 32,Block 2,said H. F.
16 Schwabe's Addition.
17 BE IT FURTHER RESOLVED, that, subject to the herein stated exceptions and with the
18 accompanying Utility Easement Certificates of Intended Non-Use, filed voluntarily on behalf of Qwest
19 Communications, Incorporated, Xcel Energy Company, District Energy St. Paul, Incorporated, MCI
20 Worldcom, A.T. &T. Broadband, Saint Paul Regional Water Services, and the Department of Public
21 Works, made a part hereof by this reference and filed in the office of the City Clerk of Saint Paul, the
22 City, for itself and on behalf of these corporations and departments, hereby waives the right to and
23 releases the utility easements within the following public properties:
24 Parcel 1. The alley in Block 5, H. F. Schwabe's Addition and Block 10,Lindley Park.
25 Parcel 2. That part of the alley in Block 6,H. F. Schwabe's Addition lying westerly of the southerly
26 extension of the east line of Lot 7,said Block 6.
27 Parcel 3. That part of Wilson Avenue lying easterly of the east right-of-way line of Frank Street and
28 westerly of the northerly extension of the east line of Lot 7,Block 6,H. F. Schwabe's
29 Addition.
Oh—1»3
1 Parcel 4. That part of Frank Street lying northerly of a line from the southwest corner of Lot 11,
2 Block 6,H. F. Schwabe's Addition,to the southeast corner of Lot 1,Block 3,said H. F.
3 Schwabe's Addition, and southerly of a line from the northwest corner Lot 17,Block 7,said
4 H. F. Schwabe's Addition to the northeast corner of Lot 32,Block 2,said H. F.
5 Schwabe's Addition.
6 Parcel 5. That part of vacated Wakefield Street lying easterly of a line from the southwest corner of
7 Lot 12,Block 6,H. F. Schwabe's Addition to the northwest corner of Lot 6,Block 5,said
8 H. F. Schwabe's Addition,and westerly of a line from the southeast corner of Block 9,
9 Lindley Park to the northeast corner of Block 10,said Lindley Park.
10 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the
11 Saint Paul Legislative Code as amended, and to the following conditions:
12 1. That the petitioner's, their successors and assigns shall pay $500.00 as an administrative fee for
13 this vacation which is due and payable within 60 days of the effective date of this resolution.
14 2. That the petitioner shall acquire fee ownership of, and shall demolish existing buildings on:
15 a. Lot 19, Block 7, H. F. Schwabe's Addition;
16 b. Lot 7 and the West 20.00 feet of Lot 8, Block 5, H. F. Schwabe's Addition; and
17 c. Lot 9, except the West 43.00 feet, Block 5, H. F. Schwabe's Addition, and Lot 3, Block
18 10, Lindley Park, except West Triangular part measured 20.65 feet on the street and 34.33
19 feet on its Easterly line and also except East 7.33 feet.
20 3. That the petitioner shall be responsible for handling the drainage of storm water run-off from
21 adjacent areas of unimproved right-of-way which currently drain to this parcel, and shall submit
22 development plans showing how they will handle this drainage in a manner acceptable to the
23 Department of Public Works.
24 4. That a permanent utility easement shall be retained on, over, under and across
25 that part of Wilson Avenue lying easterly of the east right-of-way line of Frank Street
26 and westerly of the northerly extension of the east line of Lot 7, Block 6, H. F.
27 Schwabe's Addition
28 on behalf of the City of Saint Paul, Department of Public Works to reserve the right of the City to
29 maintain and operate any sewer in or upon said easement and to enter upon said easement or any
30 portion thereof at any time and from time to time, for the purposes of future construction,
31 reconstruction, inspecting, maintaining or repairing the same or any part thereof. Any
32 development or use of the property shall be subject to the following conditions:
33 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any
34 other objects that will prohibit normal access to utility facilities for maintenance purposes
35 will be permitted within the easement area.
36 b. Improvements in or upon the above described easement that do not prohibit the City from
37 exercising its reserved rights may be allowed by obtaining written permission from the
38 Department of Public Works Sewer Division with the understanding that the restoration
39 and costs of such improvements shall be the sole responsibility of the petitioner, its
40 successors and assigns in the event the City exercises its reserved easement rights.
0\ -1343
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.
3 d. No change in surfacing within the easement area will be permitted without written
4 permission from the Department of Public Works.
5 e. The petitioner, its successors and assigns shall indemnify, defend, and save harmless the
6 City of Saint Paul, its officers, agents, employees, and servants from all suits, actions, or
7 claims which shall arise from any injuries or damages received or sustained by any break
8 in any service pipe or connection in said reserved easement arising out of or resulting
9 from any action or negligence of the petitioner, its employees, agents, or business
10 invitees.
11 5. That the petitioners, their successors and assigns agree to indemnify, defend and save harmless
12 the City of Saint Paul, its officers and employees from all suits, actions or claims of any character
13 brought as a result of injuries or damages received or sustained by any person, persons or
14 property on account of this vacation or petitioners' use of this property, including but not limited
15 to, a claim brought because of any act of omission, neglect, or misconduct of said petitioners or
16 because of any claims or liability arising from any violation of any law or regulation made in
17 accordance with the law, whether by the petitioners or any of their agents or employees.
18 6. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this
19 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution
20 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in
21 all respects with these terms and conditions.
I Yeas Nays Absent
Benanav Requested by Department of:
Blakey f Technology &Management Services
Bostrom � 4/
Coleman ,/ higigez.
Harris ,/ By:
Lantry ,/ pirector
Reiter ,/ Form Approved by City Attorney
c O -
Adopted by-Council: Date �Q„, rj oo By: i MLA- /t-eL.
Adoption Certified by Council Secretary
By: . pproved by Mayor for Submission to Council
Approved by Mayor: Date
By: By: 3711/--)kle‘d(
Return copy to: Council File# CA-4103
Real Estate Division
140 City Hall Green Sheet#\\\ �
r RESOLUTION
ORIGINAL CITY OF SAINT PAUL, MINNESOTA
gy
Presented By (/
G1 (
Referred To Committee: Date
1 BE IT RESOLVED, that, upon the petition of Frisch Properties, as documented in Real Estate Division
2 File Number 18-2001, public properties hereinafter described are hereby vacated and discontinued as
3 public property:
4 The property to be vacated is described as follows:
5 Parcel 1. The alley in Block 5,H. F. Schwabe's Addition.
6 Parcel 2. That part of the alley in Block 6,H. F. Schwabe's Addition lying westerly of a line from
7 the southeast corner of Lot 7 to the northeast corner of Lot 16,all in said Block 6.
8 Parcel 3. That part of Wilson Avenue lying easterly of a line from the southwest corner of Lot 17,
9 Block 7,H. F. Schwabe's Addition to the northwest corner of Lot 11,Block 6,said H. F.
10 Schwabe's Addition,and westerly of the northerly extension of the east line of Lot 7,said
11 Block 6.
12 Parcel 4. That part of Frank Street lying northerly of a line from the southwest corner of Lot 11,
13 Block 6,H. F. Schwabe's Addition,to the southeast corner of Lot 1,Block 3,said H. F.
14 Schwabe's Addition,and southerly of a line from the northwest corner Lot 17,Block 7,said
15 H. F. Schwabe's Addition to the northeast corner of Lot 32,Block 2,said H. F.
16 Schwabe's Addition.
17 BE IT FURTHER RESOLVED, that, subject to the herein stated exceptions and with the
18 accompanying Utility Easement Certificates of Intended Non-Use, filed voluntarily on behalf of Qwest
19 Communications, Incorporated, Xcel Energy Company, District Energy St. Paul, Incorporated, MCI
20 Worldcom, A.T. &T. Broadband, Saint Paul Regional Water Services, and the Department of Public
21 Works, made a part hereof by this reference and filed in the office of the City Clerk of Saint Paul, the
22 City, for itself and on behalf of these corporations and departments, hereby waives the right to and
23 releases the utility easements within the following public properties:
24 Parcel 1. The alley in Block 5,H. F. Schwabe's Addition and Block 10,Lindley Park.
25 Parcel 2. That part of the alley in Block 6,H. F. Schwabe's Addition lying westerly of the southerly
26 extension of the east line of Lot 7,said Block 6.
27 Parcel 3. That part of Wilson Avenue lying easterly of the east right-of-way line of Frank Street and
28 westerly of the northerly extension of the east line of Lot 7,Block 6,H. F. Schwabe's
29 Addition.
0‘...14.t3
1 Parcel 4. That part of Frank Street lying northerly of a line from the southwest corner of Lot 11,
2 Block 6,H. F. Schwabe's Addition, to the southeast corner of Lot 1,Block 3,said H. F.
_ 3 Schwabe's Addition,and southerly of a line from the northwest corner Lot 17,Block 7,said
4 H. F. Schwabe's Addition to the northeast corner of Lot 32,Block 2,said H. F.
5 Schwabe's Addition.
6 Parcel 5. That part of vacated Wakefield Street lying easterly of a line from the southwest corner of
7 Lot 12,Block 6,H. F. Schwabe's Addition to the northwest corner of Lot 6,Block 5,said
8 H. F. Schwabe's Addition,and westerly of a line from the southeast corner of Block 9,
9 Lindley Park to the northeast corner of Block 10,said Lindley Park.
10 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the
11 Saint Paul Legislative Code as amended, and to the following conditions:
12 1. That the petitioner's, their successors and assigns shall pay$500.00 as an administrative fee for
13 this vacation which is due and payable within 60 days of the effective date of this resolution.
14 2. That the petitioner shall acquire fee ownership of, and shall demolish existing buildings on:
15 a. Lot 19, Block 7, H. F. Schwabe's Addition;
16 b. Lot 7 and the West 20.00 feet of Lot 8, Block 5, H. F. Schwabe's Addition; and
17 c. Lot 9, except the West 43.00 feet, Block 5, H. F. Schwabe's Addition, and Lot 3, Block
18 10, Lindley Park, except West Triangular part measured 20.65 feet on the street and 34.33
19 feet on its Easterly line and also except East 7.33 feet.
20 3. That the petitioner shall be responsible for handling the drainage of storm water run-off from
21 adjacent areas of unimproved right-of-way which currently drain to this parcel, and shall submit
22 development plans showing how they will handle this drainage in a manner acceptable to the
23 Department of Public Works.
24 4. That a permanent utility easement shall be retained on, over, under and across
25 that part of Wilson Avenue lying easterly of the east right-of-way line of Frank Street
26 and westerly of the northerly extension of the east line of Lot 7, Block 6, H. F.
27 Schwabe's Addition
28 on behalf of the City of Saint Paul, Department of Public Works to reserve the right of the City to
29 maintain and operate any sewer in or upon said easement and to enter upon said easement or any
30 portion thereof at any time and from time to time, for the purposes of future construction,
31 reconstruction, inspecting, maintaining or repairing the same or any part thereof. Any
32 development or use of the property shall be subject to the following conditions:
33 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any
34 other objects that will prohibit normal access to utility facilities for maintenance purposes
35 will be permitted within the easement area.
36 b. Improvements in or upon the above described easement that do not prohibit the City from
37 exercising its reserved rights may be allowed by obtaining written permission from the
38 Department of Public Works Sewer Division with the understanding that the restoration
39 and costs of such improvements shall be the sole responsibility of the petitioner, its
40 successors and assigns in the event the City exercises its reserved easement rights.
0 —1aA3
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.
3 d. No change in surfacing within the easement area will be permitted without written
4 permission from the Department of Public Works.
5 e. The petitioner, its successors and assigns shall indemnify, defend, and save harmless the
6 City of Saint Paul, its officers, agents, employees, and servants from all suits, actions, or
7 claims which shall arise from any injuries or damages received or sustained by any break
8 in any service pipe or connection in said reserved easement arising out of or resulting
9 from any action or negligence of the petitioner, its employees, agents, or business
10 invitees.
11 5. That the petitioners, their successors and assigns agree to indemnify, defend and save harmless
12 the City of Saint Paul, its officers and employees from all suits, actions or claims of any character
13 brought as a result of injuries or damages received or sustained by any person, persons or
14 property on account of this vacation or petitioners' use of this property, including but not limited
15 to, a claim brought because of any act of omission, neglect, or misconduct of said petitioners or
16 because of any claims or liability arising from any violation of any law or regulation made in
17 accordance with the law, whether by the petitioners or any of their agents or employees.
18 6. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this
19 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution
20 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in
21 all respects with these terms and conditions.
Yeas Nays Absent
Benanav ,/ Requested by Department of:
Blakey / Technology &Management Services
Bostrom Ll'
Coleman ,/ �I
/imp/
Harris / By:
Lantry ,/ Virector
Reiter ,/ Form Approved by City Attorney
Adopted by Council: Date -�„. aoo By: ✓u`j '
Adoption Certified by Council Secretary
By: 16, • pproved by Mayor for Submission to Council
Approved by Mayor: Date . .r WY—/— y�
By: By: �%'�/st::::::5(401
CITIZEN SERVICE OFFICE
Fred Owusu,City Clerk
..
A
SS
PAUL CITY OF SAINT PAUL 170 Ciry Hall TeL: 651-266-8989
ti* Norm Coleman,Mayor 15 W Kellogg Boulevard Fax: 651-266-8689
Saint Paul,Minnesota 55102 Web:http://www.stpauLgov
AMA
266-8509
•w.
November 29, 2001 •
Gerald E. Frisch
2350 West 7th Street
Saint Paul, MN 55116
Dear Mr. Frisch:
Enclosed is a copy of Council File 01-1203 which was adopted by the City Council on
November 7, 2001. The resolution provides for the vacation of those parts of Frank
Street, Wilson Avenue and Winslow Avenue 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 be signed and
filed here within said time.
Sincerely,
,c5ilaz; l�
Shari Moore
Deputy City Clerk
cc: Valuation Engineer - Technology and Management Services File No. 18-2001
Enc.
Saint Paul, Minnesota
November 29, 2001
To the Honorable, the City Council
Saint Paul, Minnesota
Dear Council Members:
I,the undersigned petitioner, hereby accept and agree to comply with the terms and conditions of
Council File No. 01-1203, adopted by the City Council on November 7, 2001, and approved by
the Mayor on November 19, 2001.
NOTICE OF PUBLIC HEARING
Notice is hereby given that the petition of Gerald E. Frisch, for
the vacation of those parts of Frank St . , Wilson Ave . , Winslow
Ave . , and Wakefield Ave. 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 7th day of November, 2001 at 5 : 30 P .M.
Dated October 15, 2001
Shari Moore
Deputy City Clerk
(October 18 , 2001)
... . .... . .
04Interdepartmental Memorandum
4,111.1AA CITY OF SAINT PAUL
To: Shari Moore
City Clerk's Office
170 City Hall
From: Peter White
Right of Way Engineer
140 City Hall
Date: October 15, 2001
Subject: TMS Department Vacation File No. 18-2001
I recommend a public hearing before the City Council be held on November 7, 2001 .
The purpose of this hearing is to consider a petition to vacate part of Frank Street, Wilson and
Winslow Avenu.
This property is located in City Council District 7,Planning District 2.
The subject petition is in proper form and has been signed by the requisite number of property
owners.
• Notice of this hearing must be published in the Legal Ledger by October 18, 2001.
(1801date)
CITIZEN SERVICE OFFICE
Fred Owusu,City Clerk
:111J7. CITY OF SAINT PAUL 170 City Hall TeL: 651-266-8989
010041 Norm Coleman,Mayor 15 W.Kellogg Boulevard Fax: 651-266-8689
Saint Paul,Minnesota 55102 Web:http://www.cLstpauLmn.us
TDD:651-266-8509
AIM
r•w
August 10, 2001
Peter White
Valuation Engineer
Real Estate Division
140 City Hall
Dear Peter:
I refer to you to check as to form and sufficiency and for recommendation, the
attached petition of Gerald E. Frisch for the vacation of those parts of Wakefield
Ave., Wilson Ave., Frank St., and the alleys in Block 5 and Block 6 of H.F.
Schwabe's Addition according to the recorded plat thereof on file and of record in the
Office of the Saint Paul City Clerk.
Sincerely,
,, ,-/,\4_,,,,: /
Shari Moore
Deputy City Clerk
Attachments
SAINT
PAU L
AAAA
r •r
PETITION TO VACATE CITY INTEREST
I(we),the undersigned,constituting a majority of the owners(or their legally designated representatives)of the abutting
properties,do hereby petition the Council of the City of Saint Paul to vacate its interests in the property(ies)legally
described as follows:
1) That section of Wakefield Avenue which lies East of the East Line of Lot 9, Block 9, as produced
southerly, Lindley Park and and the West Line of Johnson Parkway.
2) The alley in Block 5,H. F. Schwabe's Addition.
3) That Section of the Alley which lies East of Frank Street and the East Line of Lots 7 and 16,Block 6,
H. F. Schwabe's Addition.
4) That Section of Wilson Avenue which lies East of the East Line of Frank Street and the diagonal line
extended Northeasterly between East line of Lot 7,Block 6, and the Westerly 17.5 feet of Lot 22,
Block 7,H. F. Schwabe's Addition.
5) That Section of Frank Street which lies North of the South lines of Lot 1,Block 3 and Lot 11,Block
6 and the North lines of Lots 32,Block 2, and Lot 17,Block 7,H. F. Schwabe's Addition.
Description of Public Street and Alley previously vacated where utility rights were reserved pursuant to
provisions contained in Ordinance No. 3394 and are now requested to be relinquished:
That Section of Wakefield Avenue which lies East of the East Line of Frank Street and West of the
East Line of Lot 9,Block 9,Lindley Park produced Northerly.
Council File No. 210766. Approved January 11, 1963
(January 19, 1963)
Alley in Block 10, Lindley Park
Council File No. 6564. Approved August 20, 1915
(August 28, 1915)
I(we)request this vacation for the following reason(s). (Indicate whether you will be building on the site.)
We request this vacation so that we may develop this land as an apartment community designed for
independent senior residents (over 55 years) on the adjoining real estate.
I(we)have attached six copies of the site plans of any development intended for construction on the lands
to be vacated.
Person(s)responsible for payment of vacation fee
and for acceptance of the terms and conditions of
Contact Person the vacation:
Name: Gerald E. Frisch Name: Gerald E. Frisch
Phone: (651) 690-1591 Phone: (651) 690-1591
Address: 2350 West 7th Street Address: 2350 West 7th Street
St. Paul,Minnesota, 55116 St. Paul,Minnesota, 55116
Alternate Contact Person:
Name: Mark L. Frisch Name:
Phone:(651) 690-1591 Phone:
Address: 2350 West 7th Street Address:
St. Paul,Minnesota, 55116
Signatures of Owner(s)/Representative(s) of Property(ies) Described Below:
City o t. Paul - section of Wakefield A e which
lies East o •- East e of Lot 9, Block 9,
as produced • . ' - Lindley Park and
By: the W- . Me of Johnson ' :. way.
((lf c tz et4116Y Itc
Par;-1 ay Place Housing, LLC The alley in Block 5, H. F. Schwabe's Addition; and
That Section of the Alley which lies East of
Frank Street and the East Line of Lots 7 and 16,
y: Gerald E. Frisch Block 6, H. F. Schwabe's Addition; and
Its: Managing Member
That Section of Wilson Avenue which lies East of
the East Line of Frank Street and the diagonal line
extended Northeasterly between East line of Lot 7,
Block 6, and the Westerly 17.5 feet of Lot 22, Block
2 7, H. F. Schwabe's Addition; and
____*.4,6(27.--,..fiz‘a..,<_._
��� Sep That Section of Frank Street which lies North of the
�6Yr.P?LV South lines of Lot 1, Block 3 and Lot 11, Block 6
Igo THoriv4J' J. / 1oa64 and the North lines of Lots 32, Block 2, and Lot 17,
e y Aim 1 re9 /4./)1-.e o li C/ Block 7, H. F. Schwabe's Addition.
Lot 32, Block 2, H. F. Schwabe's Addition (1. D.
Number 33 29 22 42 01 06; and
id; , „� , Lot 19, Block 7, H. F. Schwabe's
Everett J. FWi man Addition(I. D. Number 33 29 22 42 0137
I, Gerald E. Frisch, am the petitioner, or one of the petitioners in the above matter; and I do
hereby swear and verify that each of the signatures on this petition was signed in my presence by the
perso described in the petition.
/. , ` Subscribed and sworn to before me this
'etitioner- Gerald E. Frisch /61-/ day of t u 2001.
` tary
' A KAREN E.SEAHOLM
NOTARY PUUUC-MINNESOTA
i My Combion Elio Jo.31,1006 k
`.:. is! :: .: p`
•
1 SITE EXTENDS
APPROXIMATELY
35 FEET TO THE NORTH
SCALE IN FEET 1 1
MEM
MNIIMIIII
I
0 50 100 I
_J ,
oI
1
01
I
W, 1
cr)I ----
W ILSON I WILSON AVE.
AVE. 1 /
I /
I
I
I
I
II RESIDENTIAL
•
I
I
L _ _ I SITE EXTENDS SITE BOUNDARY 30 °TOTTHEEAAST.�� -+--\ I _ _►-
/f_ \ PROPOSED - _ - _ _ _
\ \\ BUILDING ��.-------
RESIDENTIAL I \ \ 1 I PROPOSED
/1 \\ - ./ I 1 STORM WATER
I / \ / I\ \\ POND
/ \ I �.. ■
/ \ - --
I I
I
V
I I
WAKEFIELD AVE. PROPOSED
+ PARKING
I
\ PROPOSED
I \ / PARKNG
\ /
/ // /�
RESIDENTIAL \ �/ // //
/
- J_Z/ /PROPOSED \ /
/ ( BUILDING /
\ //
Z ) //
/ /
I I /
U. 1 II 1
I
I I I
L SITE EXTENDS
I APPRO MATELLY
■ I I - I --_ ....
__-_ 70 FEET TO THE EAST
J L_L - /�_t -- --
HUDSON ROAD
BASED ON'TOFRAPHIC MAP'BY CITY OF ST.PAJ.L
PROPOSED DEVELOPMENT FEB.2001
DEPARTMENT CF PUBLIC WCRKS,'SITE PLAN FOR
PARKWAY SENIOR HOUSING'BY JSSH ARCHITECTS,INC.,
JUNE 12,1999,AND'SITE INVESTIGATION REPORT'
air
BY PEER MARCH 2000.
BY
PLACE SENIOR HOUSING FIGURE
31197 RAMP SAINT PAUL, MINNESOTA 3
I PROJECT/:8197.01
•
•
i SITE EXTENDS
APPROXIMATELY
35 FEET TO THE NORTH
SCALE IN FEET I I
I0 50 100 I
0I I
I I
OI
m
F"'1
co 1
WILSON I WILSON AVE.
AVE. I
I C ......-I
I
IRESIDENTIAL
I I
L _ I STE EXTENDS
SITE BOUNDARY 30 FEET TTTOO1111E EAST
1 +--\ I - - - -
\ PROPOSED _-
/�^\ \ BUILDING ��------- �.
, \\ \\ /----� \
RESIDENTIAL I / \ ,/ \i I PROPOSED
/ \ -, STORM WATER
/ \ / I\ \\ POND �i
V I i
WAKEFIELD AVE. PROPOSED
PARKING
I
I
\ PROPOSED
\ l PARKNG
\ /
/ /�
l I / //
RESIDENTIAL •
■J__/�/ // //
/ PROPOSED /
/ I /BUILDING /
I \
Y ///
Z /
I I I /
U- I I /
I
I I I
I I I I APPRO MATELLY
L_ I I I --..............- ---_ 70 FEET TO THE EAST
I I I ■.
HUDSON ROAD
BASED ON TCPCGRAPHIC MAP BY CITY'OF ST.PAJL PROPOSED DEVELOPMENT FEB.2001
DEPARTMENT CF PUBLIC V CRKS, SITE PLAN FOR
PARKWAY SENIOR HOUSING'BY JSSH ARCHITECTS,INC.,
JUNE 12,1999,AND'SITE INVESTIGATION REPORT"
BY PEER MARCH 2000. ��
PARKWAY PLACE SENIOR HOUSING FIGURE
SAINT PAUL, MINNESOTA 3
300019100 1 9197 RAPSKF _ _ 1 02/27511 PROJECT/:9197.01
EARNEST MONEY CONTRACT
This Agreement made and entered into at St. Paul, Minnesota, as of April 28,
1999 between:
Thomas J. Moren, a single man, residing at 1119
Hudson Road, St. Paul, MN 55106, hereinafter jointly
called SELLER,
and
River Town Homes LLC, a Minnesota limited
liability company, with offices at 2350 West Seventh
Street, St. Paul, Minnesota, hereinafter called BUYER.
SELLER acknowledges receipt of $1,000.00 as Earnest Money and in part payment of the
following real estate hereinafter called "Premises", as legally described on Exhibit A and
identified in yellow on Plat marked Exhibit B attached hereto.
Premises consists of land with home located thereon commonly known as 1119
Hudson Road, St. Paul, Minnesota.
The total Purchase Price shall be Seventy-four Thousand ($74,000.00) Dollars to be
payable after satisfaction of all conditions of this Earnest Money Contract in the
y�,ffollowing manner:
I $1,000.00 paid simultaneously with the execution of Earnest Money Contract;
act;
f 9- $5.4,000.00 payable in cash on or before Februar y (exact date of
1, 2000
closing to be determined as hereinafter set forth).
SELLER acknowledges that BUYER is acquiring the adjoining parcel commonly known
as Johnson Brother Liquor Store Site for development of housing project ("Housing
Project"). This Earnest Money Contract is subject to acceptance and approval by the City
of St. Paul of BUYER'S proposal for Housing Project. BUYER states that it is seeking
municipal approval to construct Housing Project, and BUYER shall have the option to
close on the purchase of Premises within 100 days from date after approval for Housing
Project by City of St. Paul. If City of St. Paul does not approve Housing Project on or
before February 1, 2000, this Earnest Money Contract shall, at the option of BUYER be
deemed canceled and neither party bound thereto. Provided, however, that BUYER
shall have the right to waive this contingency and proceed to closing by paying the
Purchase Price.
1 'TJM ii±_
.EF
., LER further acknowledges that BUYER is attempting to acquire three adjoining
residential parcels (Felicia A. Anderson - 1125 Hudson Road; Bee S. Xiong and Vue
Vang, husband and wife - 1135 Hudson Road; and John Martinez, Jr. and Muriel P.
Martinez, husband and wife - 1139 Hudson Road) for the development of Housing
Project. This Earnest Money Contract is subject to BUYER acquiring the adjoining
residential properties. If BUYER is unable to obtain the adjoining residential properties
on or before February 1, 2000, this Earnest Money Contract shall, at the option of
BUYER, be deemed canceled and neither party bound thereto. Provided, however, that
BUYER shall have the right to waive this contingency and proceed to acquire SELLER'S
home by paying the Purchase Price.
SELLER covenants to cooperate with BUYER to obtain municipal a roval fr. the
City of St. Paul for proposed Housing Project, including rezoning and/or1 . unit
x-, development, the vacation of that certain East-West alley adjoining the rear of
premises, and any other approval required to develop Housing Project. SELLER hereby
authorizes BUYER to appear on his behalf with limited Power of Attorney to consent to
any proceedings before City of St. Paul Council, committees, or agencies, to
accommodate development of Housing Project. For all intents and purposes, this
Earnest Money Contract shall be written evidence of the said Power of Attorney.
Notwithstanding, SELLER shall, if requested by BUYER, sign any consent or application
to accommodate a rezoning, replatting, and vacation of alley, and shall otherwise
cooperate with BUYER to accommodate the development of proposed Housing Project.
SELLER hereby authorizes and empowers BUYER to obtain Plat of Survey and Soil
Borings for Premises at BUYER'S sole cost and expense.
Real estate taxes payable in 1999 and prior years shall be paid by SELLER. Real estate
taxes for 2000 shall be prorated as of Closing. All special assessments, levied, spread or
pending, shall be paid by SELLER.
SELLER warrants that he has not received notice of any work or improvements which
will impose special assessments which are not disclosed herein or shown on current
real estate tax statements.
SELLER shall, within a reasonable time after acceptance of this agreement, furnish an
Abstract of Title (or if the property is Registered, then a Registered Property Abstract)
certified to date to include proper searches covering bankruptcies, State and Federal
judgments and liens. BUYER shall be allowed 10 business days after receipt for
examination of title and making any objections, which shall be made in writing or
deemed waived. If any objection is so made, SELLER shall be allowed 120 days to make
title marketable. Pending correction of title (except Tax Forfeiture Title) payments
hereunder required shall be postponed, but upon correction of title and within 10 days
after written notice to BUYER, the parties shall perform this agreement according to its
terms. If title is not corrected within 120 days from the date of written objection, this
agreement shall be null and void, at option of BUYER, neither party shall b liable for
damages hereunder to the other, and earnest money shall be refunded to B E
2
TJM GEF
If title is marketable or is corrected within said time and BUYER defaults in any of the
agreements herein, SELLER may terminate this agreement, and on such termination
all payments made hereunder shall be retained by SELLER as liquidated damages, time
being of the essence hereof. This provision shall not deprive either party of the right of
enforcing the specific performance of this agreement, provided this agreement is not
terminated and action to enforce specific performance is commenced within six
months after such right of action arises. In the event BUYER defaults in its
performance of the terms of this Agreement, and Notice of Cancellation is served upon
the BUYER pursuant to MSA 559.21, the termination period shall be thirty (30) days as
permitted by Subdivision 4 of MSA 559.21.
This Earnest Money Contract has been submitted as an offer by BUYER as of the date
appearing on page 1 hereof. This offer shall remain open until noon on April 30, 1999
for SELLER to accept by returning a fully-executed copy thereof to BUYER at the offices
of Nilva and Frisch, P. A., 2350 West Seventh Street, St. Paul, Minnesota 55116. Failure
to accept as aforesaid shall, at BUYER'S sole option, be deemed to be a rejection of the
offer herein set forth.
Closing shall occur on or before February 1, 2000, or 15 days after satisfaction of all
conditions of this Earnest Money Contract, or waiver of conditions by BUYER,
whichever occurs first, at the said offices of Nilva and Frisch, P. A., or at the offices of
title company if required.
Until Closing, SELLER shall be entitled to remain in possession of Premises.
BUYER acknowledges that it will receive Premises in an "as is" and "where is"
condition, without any representation as to habitability by SELLER. BUYER further
waives and discharges SELLER'S obligation under St. Paul Code to furnish "Truth in
Housing" disclosure statement because BUYER intends to demolish the buildings on
Premises.
At the time SELLER moves from Premises, he shall take with him all items of personal
property and shall leave the Premises in a clean condition. Unless otherwise agreed to
in writing by BUYER, all kitchen appliances shall remain on the Premises. Any
personal property remaining after moving out shall be deemed to be abandoned, and
River Town Homes shall have the right to cause such property be disposed of without
any further liability to SELLER.
SELLER specifically acknowledges and understands that he will not be entitled to any
compensation because of relocation or otherwise from River Town Homes, the City of
St. Paul or any of its agencies, nor from any other party or governmental agency.
SELLER does hereby waive any right to relocation compensation.
3 TJM cEp
•
of the terms, covenants and undertakings set forth in this Agreement shall survive
and be enforceable after the Closing upon the PARTIES and their respective successors,
heirs, and assigns.
This contract contains the entire agreement between the PARTIES, and neither party
has relied upon any verbal representations, agreements, or understandings not set forth
herein.
IN WITNESS WHEREOF, the PARTIES have hereunto signed this Agreement.
SELLER BUYER
RIV R TOWN HOMES, LLC.
Thomas J. oren :y: Gerald E. Frisch
Its Managing Partner
DATED: April a W , 1999 DATED: April 28, 1999
Subscribed and sworn to before me
this day o : .ril, 19.9.
• - �
■�.AL.
! . )
• • • Public
This Document was drafted by:
Gerald E. Frisch CARRIE J.WASLEY
NILVA AND FRISCH, P.A. NO I
MY COMMISSION EXPIRES
2350 West Seventh Street it JANUARY 31,2000
St. Paul, MN 55416
(651) 690-1591
4
EXHIBIT A
to
EARNEST MONEY CONTRACT
Thomas J. Moren
1119 Hudson Road, St. Paul, MN
The West 20 feet of Lot 8, and all of Lot 7, Block 5, H. F. Schwabe's
Addition to St. Paul, Minnesota, according to the plat thereof on file
and of record in the office of the Recorder in and for Ramsey County,
Minnesota (PIN #33-29-22-42-0061-0).
<yKl ��
I
53.31•. • T.S•.3
/J,. ,, a ,t , u ., a It t, n tt 3,
/03 2r %o an
I I - I I //54- I I •- I /186
: E53' t3 Wo'
8 '. e I 4- —•
(/. I5I1 I 12 N•
311 �' I✓► r,,.r 1 s.,4 I I ✓► I ,✓1(22) v ry Z3).
(34) (39) (321 ( 1) I (3o I_ (?91 r 7I (s) y, (Z�) (�� 1 �) 1 (737 I r� �{ (i�) IL( 5
/ , 1 I 17./ { 202.87
N N �; rt s f
(Ion) (35) (3(a) (31) (3 6) (35) r1�1/35 001 I�412�.5 21.x1 C4Z1 . IC�)13/•S ZI Z se.9 ' 14.a 5o So 5
t, v 1 (Ql)1 J I( ), . I L 4t I ova (
32, e 17 18 19 20 21 2� 2-3 1 251"26 I z7"I28 HzpN 30`- • > 1 5 i 6 i
N N
CO ✓1 I 1
//Z3 I I I I ,■f.._ I h 0CD) (is) 01
I I 1/1551 I I Ili I� 1/83 04
yo j - do 37 ., _ „ _ tt 4. II !t •, I 37 94(.89 50 t
J , ■t a SP
'C 2.5
A\
4 .44,6-2 3
' . 5S .
YO Ste, 37 „ u t, Y ., ,. lu , 7 187.1-9 •`. 21.9 Iso '' I. 1 IS
iv'M v
Ck 1-'1
14 1 4,1 (45
, (q51 I //TG (;
I N r II IO 9 8 7 6`� 5 k(b2.1 k a �v ,^ I 7 H 6 Vi 5 4 1 3 2
N plod ./3a< ;,I - I J� b
I
:101) / 7 06 1;53) I '��I (51) ;? (6 16 I.L I (A�1 (h1) (8°) 12
I! 151iz I , 10(•7 I'ISO n .t till' ,
"i n / 37358 il.f} SS'" 44
, /i/.3-1 163. 78 SO So, - - - - .
21 / (54
52� NI2 13 I.4 , 15 16 I 18 , 19 ,x A 8 9 ,? '
Yo 40- - 37- -, ,r 37 rat. 2 3 8. S 6 go .5-0 44.1/4 ei
YR r FIT F[] • ' - . /- Z 8 - 6.r 00,- . /!5"819 L z o
t i
ra
143 qa -37 St Vf
37 71.98 - - - - - - - --Nie - - -9-27-6-y - - -- - - --' - -- -; - -
N or3.7Gau' 1101 h
5 Z 1 6.
N \ N
1) 3 7 3S.!
a - - - -- - X99. 96- -- - -
N N 54.8 �
N1
551 /7 91'17 i#0 �. ,t - - I' -r� t. r, ,.— ;; -„- - - - - - - ' - - - -
v, 00) ' (�21 d. (0 '. 1
. N N7 8th 9 3 4 5 6 7 8 9 to II 12 'i3 H l
I ` 031 T' 018 4
/7 ///9 1 ^ 10 0
f0 60 3 .3f v • I
0 1/65
`<- . 7.33 - - - I jITII '
EXHIBIT B
WilsonJones•Carbonlens•S1654-NCR Duplicate•S1657NCL Triplicate
*D
a
o Z
'm c
H y
m> >3 >m
n
D00Dn A m m
Z C Z
m Z ( m
C n > A
C
I "`Y/
Ile
AQ 2 >
°z n {{�7
7.7 = ■' P
I
4�•`
b ~
Q....,\A R 5
o
< ' d T
81.1
C7
la
N 14. N
N
• 00 U1
!,l %I.
N
W
VACATION REPORT
The Old Republic National Title Insurance Company does hereby certify that it has
searched the public tax records in and for Ramsey County, Minnesota, and said search
discloses the names and addresses of the property owners and the legal description of
lands abutting the following legal description:
That section of Wakefield Avenue which lies East of the East line of Lot 9, Block 9, as
produced southerly, in Lindley Park and West of the West line of Johnson Parkway.
ALSO: The alley in Block 5, H. F. Schwabe's Addition.
ALSO: That Section of the Alley which lies East of Frank Street and West of the East
line of Lots 7 and 26, Block 6, H. F. Schwabe's Addition.
ALSO: That Section of Wilson Avenue which lies East of the East line of Frank Street
and the diagonal line extended Northeasterly between East line of Lot 7, Block 6, and
the Westerly 17.5 feet of Lot 22, Block 7, H. F. Schwabe's Addition.
ALSO: That Section of Frank Street which lies North of the extension of the South lines
of Lot 1, Block 3 and Lot 11, Block 6 and the North lines of Lots 32, Block 2, and Lot 17,
Block 7, H. F. Schwabe's Addition.
ALSO: That Section of Wakefield Avenue which lies East of the East line of Frank
Street and West of the East line of Lot 9, Block 9, Lindley Park produced Southerly.
ALSO: Alley in Block 10, Lindley Park lying West of Johnson Parkway.
1. Everett J. Foreman
1162 Pacific St., St. Paul, MN 55106-6421
Lot 32, Block 2, H. F. Schwabe's Addition.
(Torrens)
2. Parkway Place Housing LLC
2350 7th St. W, St. Paul, MN 55116-2825
Lot 1, Block 3, H. F. Schwabe's Addition.
(Torrens)
3. Parkway Place Housing LLC
2350 7th St. W, St. Paul, MN 55116-2825
Lot 17, Block 7, H. F. Schwabe's Addition.
(Torrens)
4. Parkway Place Housing LLC
2350 7th St. W, St. Paul, MN 55116-2825
Lot 18, Block 7, H. F. Schwabe's Addition.
(Abstract)
5. Everett J. Foreman
1162 Pacific St., St. Paul, MN 55106-6421
Lot 19, Block 7, H. F. Schwabe's Addition.
(Torrens)
6. Parkway Place Housing LLC
2350 7th St. W, St. Paul, MN 55116-2825
Lot 20, Block 7, H. F. Schwabe's Addition.
(Torrens)
7. Parkway Place Housing LLC
2350 7th St. W, St. Paul, MN 55116-2825
Lot 22, except East 19 5/10 feet and all of Lot 21, Block 7, H. F. Schwabe's Addition.
(Torrens)
8. Parkway Place Housing LLC
2350 7th St. W, St. Paul, MN 55116-2825
Lots 7 through 11 and Lots 12 through Lot 19 and North 1/2 of vacated Wakefield
Avenue accruing, Block 6, H. F. Schwabe's Addition.
(Torrens)
9. Parkway Place Housing LLC
2350 7th St. W, St. Paul, MN 55116-2825
Lot 1 through Lot 6, Block 5 and South % of vacated Wakefield Avenue accruing, H. F.
Schwabe's Addition.
(Torrens)
10. Parkway Place Housing LLC
2350 7th St. W, St. Paul, MN 55116-2825
Lots 8, 9 and A in Block 9 and Lots 5 through 15 and Lot A, Block 10 and vacated street
and alley accruing, Lindley Park.
(Torrens)
11. Thomas J. Moren
1119 Hudson Rd., St. Paul, MN 55106-6123
West 20 feet of Lot 8 and all of Lot 7, Block 5, H. F. Schwabe's Addition.
(Abstract)
12. Frisch Properties LLC
2350 7th St. W, St. Paul, MN 55116-2892
Commencing at Southwest corner of Lot 3, Block 10, Lindley Park. The East 20 65/100
feet; thence North to Northwest line of said Lot; thence Southwesterly to beginning and
in said Schwabe's Addition. The East 17 feet of Lot 8 and West 43 feet of Lot 9, Block
5.
(Abstract and Torrens)
13. Bee S. Xiong
Vue Vang
1135 Hudson Rd., St. Paul, MN 55106-6123
Lot 9, except West 43 feet, Block 5, H. F. Schwabe's Addition and Lot 3, Block 10,
Lindley Park, except West Triangular part measured 20.65 feet on the street and 34.33
feet on its Easterly line and also except East 7.33 feet.
(Abstract and Torrens)
14. Frisch Properties LLC
2350 7th St. W, St. Paul, MN 55116-2829
The East 7 33/100 feet of Lot 3 and all of Lot 4, Block 10, Lindley Park.
(Torrens)
NOTE: This report is not to be construed as a legal opinion of title, nor is it a substitute for
an Abstract of Title or Registered Property Abstract.
Witness the signature of an authorized officer of said Company this 6th day of August, 2001,
at 7. A.M.
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
By ti nA4
An Authorized Signature
Order No. A01-55694
For: Nilva & Frisch