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File #: RES 23-1754    Version:
Type: Resolution Status: Passed
In control: City Council
Final action: 11/15/2023
Title: Staying enforcement of Council File Number RLH RR 23-7, an Order to Remove 901 Fuller Avenue.
Sponsors: Russel Balenger
Attachments: 1. 901 Fuller Ave - Writ of Certiorari COA A23-1457, 2. 901 Fuller Ave - Certificate of Service (towd)2 Corrected, 3. 901 Fulle Ave - Certificate of Service (towd) 3
Related files: RLH RR 23-7
Title
Staying enforcement of Council File Number RLH RR 23-7, an Order to Remove 901 Fuller Avenue.

Body
WHEREAS, a resolution pursuant to Council File RLH RR 23-7, adopted by the City Council on September 13, 2023, ordered the repair or removal of 901 Fuller Avenue within fifteen days of the adoption of the resolution; and

WHEREAS, this property is legally described as follows, to wit: MILTON ADDITION LOT 20 BLK 2; and

WHEREAS, based upon the records in the Ramsey County Recorder's Office and information on file or obtained by the Department of Safety and Inspections, the following are the owners, interested or responsible parties for the subject property as of January 13, 2023: Joseph and Tauriette Ray, 901 Fuller Ave, St Paul MN 55104-4742; Towd Point Mortgage Trust, US Bank NA, as trustee, c/o Select Portfolio Servicing, 3217 Decker Lake Dr, West Valley City UT 84119-23284; Amber Leonard, Greenfield Law Group, PA, 2255 Glades Rd, Suite 324-A, Boca Raton FL 33431; Center for Energy and Environment, 212 3rd Street N Suite 560, Minneapolis MN 55401; Safeguard Properties, 7887 Safeguard Circle, Valley View OH 44125; and Summit-University Planning Council; and

WHEREAS, Towd Point Mortgage Trust, as owner or an interested party of the property, has filed a petition for a writ of certiorari to the Minnesota Court of Appeals, which has issued said writ; and

WHEREAS, Towd Point Mortgage Trust, through their attorney, Jessica Zeletes, has also requested that the Minnesota Court of Appeals stay execution of Council File RLH RR 23-7; and

WHEREAS, the Saint Paul City Council found that the Property constitutes a public nuisance pursuant to Saint Paul Legislative Code Section 45 and is subject to demolition; and

WHEREAS, the Saint Paul City Council was acting in a quasi-judicial capacity issuing the order and therefore would stay enforcement of the order pending the conclusion of the appeals process; and

WHEREAS, the Saint Paul City Council further finds it is i...

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