90-250 � ��� IG9NAL. � � . � : . . .
Return copy to: Council File # Q �
Real Estate Division
Room 218 (RM) (3-19�4) Green Sheet #` �
RESOLUTION �-�,
CITY OF SAINT PAUL, MINNESOTA �� ;�
Preaented By
Referred To Committee: Date
RESOLVE�, that upon the petition of Dart Transit Company, et
al per Fi ance Department File No. 3-1984, those parts of Prince
Street, L fayette Road (formerly Locust Street) , Willius Street,
Neill Str�et, Ki:ttson Street , Brook Street, Payne Avenue
(formerly Bradley Street) , Fifth Street, the alley in Block 15,
Brunson 's Addition to St. Paul, and those parts of the alleys in
Blocks 64 � 65, 66, and 67 in Kittson ' s Addition to Saint Paul,
hereinaft�r described, be and the same are hereby vacated and
discontin�ied as public property.
The vacat�d property is described as the following two parcels:
PARCSL NO. 1
Al1 the parts of Prince Street, Lafayette Road
(fo�tmerly Locust Street) , Willius Street, Neill Street
Kit�son Street, Brook Street, Payne Avenue (formerly
Brac�ley Street) , Fifth Street, the alley in Block 15,
Brurlson 's Addition and those parts of the alleys in
Blo�ks 64 , 65 , 66, and 67 Kittson ' s Addition to Saint
Pau]„ lying within the following described Tract A:
TRAICT "A"
Beginning at the intersection of the -
center line of John Street and the center
line of Prince Street; thence Northeasterly
along said center line of Prince Street to a
point on the center line of Neill Street;
, thence Northeasterly and Northerly along a
curve concave to the Northwest, tangent to
the last described course and having a radius
of 797 feet, to a point distant 14 feet
Southwesterly, measured radially, from the
Southwesterly right of way line of the St.
Paul, Minneapolis and Manitoba Railway
Company (now the Northern Pacific Railroad
Company) ; thence Northwesterly paraIlel with
said Southwesterly right of way line a
distance of 468 . 3 feet; thence Northwesterly
along a curve concave to the Northeast,
tangent to the last described course and
having a radius of 902 .4 feet , a distance of
115. 1 feet; thence Northwesterly along a
' line tangent to the last described curve a �
distance of 8 . 3 feet; thence Northwesterly `� ,.�
' along a curve concave to the Southwest, v��
tangent to the last described line, and
I� having a radius of 888 .4 feet, a distance of
I32 . 5 feet to a point on the Southwesterly
OR � GIi� r� L � � � � � � C� y��a�
�� right of way line of said St. Paul ,
I Minneapolis and Manitoba Railway Company;
thence Southeasterly along said
Southwesterly right of way line to a point
on the Northeasterly extension of the center
line of said Prince Street, thence Southerly
�, along a straight line to the most Northerly
' corner of Block 81 of Kittson ' s Addition to
Saint Paul; thence Southwesterly along a
straight line to the most Southerly corner
of Lot 4 in said Block 81 ; being a point on
the Northeasterly extension of the center
line of the alley in said Block 67 ; thence
Southwesterly along the center lines of the
' alleys, and the extensions thereof, in
Blocks 64 , 65, 66 and 67 of said Kittson ' s
', Addition, to a point on the center line of
' said John Street; thence Northwesterly along
said center line of said John Street to the point
�, of beginning, all in Ramsey County,
Minnesota. Northern Pacific Railroad
Company is now known as Burlington Northern,
Inc. ; except the following: all that part of
Prince Street lying southwesterly of the
centerline of said Kittson Street and
northwesterly of the centerline of said Prince
Street.
PARCEL N0. 2
All that part of Lafayette Road (formerly Locust
Street) , Willius Street, and Neill Street lying
between the southwesterly - northeasterly extended
center line of the alleys in Blocks 64 , 65 , 66 , and 67
Kit�son ' s Addition to Saint Paul, and Kellogg
Boul;evard as widened in document 2080644 in Kittson 's
Addi�,tion to Saint Paul; and all of the alleys in
saic� Blocks 64 , 65 , 66 , and 67 except the
soui�heasterly one-half of that part of the
alley adjoining lots 7 and 8 in said Block 67 , said
Kit�son ' s Addition.
Parc�els 1 and 2 as described above are subject to
all easement rights of Trunk Highway No. 3
(Lafayette Bridge) on behalf of the Minnesota
Depa�rtment of Transportation, State of Minnesota.
This vacat;ion shall be subject to the following conditions:
1. That the vacation shall be subject to all the terms
and conditions of Chapter 130, codified March 1 ,
1j981 of the Saint Paul Legislative Code, as
almended. �(�„��
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ORIGI�i� � � � � � � � � �
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2. That as part of the compensation for this vacation
�he petitioners, their successors, and assigns
$hall convey property, by Quit Claim Deed, to the
�ity of Saint Paul, in a form and manner to be
pproved by the City Attorney. This conveyance shall
ake place within thirty (30) days after the publication
ate of this resolution, and shall be immediately
ubsequent to the conveyance provided for in
$ection 3 of this resolution. Said property is described
�s follows:
All those parts of Tract "A" described above and of
'�ract "B" described below which lie northeasterly of a
line and its northwesterly extension drawn from a point
bn the southeasterly line of lot 7 , Block 53, 25 feet
$outhwesterly of the most easterly corner of said lot 7,
�lock 53 of said Kittson' s Addition to a point on the
$outheasterly line of lot 2, Block 81 , 25 feet
�outhwesterly of the most easterly corner of said lot 2 ,
�§lock 81 , of said Kittson ' s Addition.
TRACT "B"
I Commencing at the most Southerly corner of Lot
i� 5, Block 81, Kittson' s Addition to Saint Paul;
I thence Northwesterly along the Southwesterly
line of said Lot 5, Block 81 (being also the
' Easterly line of Kittson Street) , a distance of
10 feet to the point of beginning; thence
' Northeasterly along a line forming an angle of
52° 37 ' , measured clockwise from said
Southwesterly line of Block 81 , to a point on
the Southwesterly line of Lot 1 in said Block
81 , being also a point on the Westerly right of
way line of the St. Paul, Minneapolis and
Manitoba Railway Company (now the Northern
Pacific Railroad Company) ; thence Northerly
along said Westerly right of way line to a point
on the Northeasterly extension of the center
line of Prince Street (being also a point in
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said Brook Street) ; thence Southerly along a
straight line to the most Northerly corner of
said Block 81; thence Southwesterly along a
straight line to the most Southerly corner of
, Lot 4 in said Block 81, being a point on the
' Northeasterly extension of the center line of the
alley in said Block 67; thence Southeasterly along
the Southwesterly line of Lot 5, Block 81 (being the
Easterly line of Kittson Street) to the point of
beginning, all in Kittson' s Addition to St. Paul,
according to the recorded plat thereof on file and of
, record in the office of the Register of Deeds in and
�I for Ramsey County, Minnesota.
3. That as additional compensation for this vacation,
j and on behalf of the petitioners, its successors,
I and assigns, Chicago Title Insurance Company shall
pay to the City of Saint Paul $35 ,354 . 00 , which
amount shall settle any and all disputes with the
, City of Saint Paul as to the ownership of the land
described as Parcel No. 1 above. This amount
shall be paid within 30 days of the publication
date of this resolution. The City shall convey
, its interest in said Tract "A" to Dart Transit
Company by Quit Claim Deed upon receipt of these
monies.
4 . Based upon utility easement Certificates of Intended
' Non-Use filed voluntarily in the office of the
' City Clerk of Saint Paul on behalf of Northern
States Power Company, Department of Public Works, the
Water Utility, Continental Cablevision, Western Union,
U. S . West, and District Energy St. Paul, Inc. , the city for
itself and on behalf of these corporations and departments
waives the right to utility easements in the vacated
streets and alleys except those portions thereof
lying northeasterly of a line, and its
northwesterly extension, drawn from a point on
the southeasterly line of Lot 7, Block 53 , Kittson ' s
, Addition to Saint Paul, 25 feet southwesterly of
the most easterly corner thereof to a point on the
southeasterly line of Lot 2, Block 81, 25 feet
southwesterly of the most easterly corner thereof
in said Kittson 's Addition; and except:
a. That a permanent utility easement be
retained on behalf of the City of Saint
I Paul, Department of Public Works within the
area of vacated Prince Street which lies
between the center line of John Street and
the northeasterly line of said John Street
(such lines being extended northwesterly to
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the center line of vacated Prince Street) ,
and which area shall be subject to the
following restrictions :
i ) No buildings, structures, or trees are
' permitted within the easement area nor
any temporary structure, material
storage, fixture or other objects that
will prohibit normal access to sewer
facilities for maintenance purposes.
ii) No change from the existing grade is
permitted without written permission from
the Director of the Department of Public
, Works.
iii ) No change in surfacing within the easement
; area is permitted without written permission
from the Director of the Department of
Public Works.
iv) That the petitioners, their successors
and assigns, as owners of the title to the
, lands within the easement area , shall
indemnify, defend and save harmless the
City of Saint Paul, its officers,
agents, employees and servants from all
suits, actions or claims which shall
arise from any injuries or damages
received or sustained by any break in
any service pipe, or connection in said
reserved easement, arising out of or
resulting from any action or negligence
of such owners respectively, or their
respective employees, agents, or
business invitees.
b. That a permanent utility easement be retained on
behalf of the City of Saint Paul, Board of Water
Commissioners within the vacated area of Prince
Street which lies between the centerline of John
' Street and the northeasterly line of said John
Street (such lines being extended northwesterly
to the centerline of vacated Prince Street) and
�' which area shall be subject to the following
restrictions :
i ) No buildings, structures , or trees are
permitted within the easement area, nor
, any temporary structure, material storage,
fixture or other objects that will prohibit
normal access to water facilities for
maintenance purposes. �
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ii ) No chanqe from the existing grade is
permitted without written permission from the
Water Utility.
iii ) No change in surfacing within the easement
� area is permitted without written permission
from the Water Utility.
iv) That the petitioner, its successors and
assigns, as owners of the title to the
lands within the easement area, shall
indemnify, defend, and save harmless the
Board of Water Commissioners or the City
of Saint Paul, its officers, agents,
employees, and servants from all suits,
actions , or claims which shall arise
from any injuries or damages received or
sustained by any break in any service
pipe, water main, or connection in said
reserved easement, arising out of or
resulting from any action or negligence of
such owners respectively, or their
respective employees, agents, or business
invitees .
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5 . That the petitioner , Dart Transit Company, by
acceptance of the terms and conditions of this
vacation agrees to indemnify, defend and save harmless
the City of Saint Paul, its officers and employees
from all suits , actions or claims of any character
brought as a result of injuries or damages received or
' sustained by any person, persons, or property on
account of this vacation, including but not limited to
a claim brought because of any act of omission,
neglect or misconduct of said petitioner or because of
any claims or liability arising from any violation of
any law or regulation made in accordance with the law
whether by the petitioners or any of its agents or
employees.
6 . That the petitioners, their successors, and assigns,
shall within 60 days of the publication date of this
' resolution file with the City Clerk an acceptance
in writing of the conditions of this resolution and
shall within the period (s) specified in the terms and
conditions of this resolution comply in all respects
with these terms and conditions .
(3-1984) .
�
I
�� Navs Absent Requested by Department of:
�sw�� �—
ona —'i �' Finance anagement Ser 'ce
acca ee -"�-
et m �� � p
zuson + � By: �Di ec�r
O ��cr
Adopted by Coun il: Date
FEg � 5 1990 Form Approved b City Attorney �^�� y'
Adoption Certifi�ed by Council Secretary By: �� 1 �D G�(>
BY' Approved by Mayor for Submission to
Approved � Mayqr: pate, ��� g � 1��� Council , �
By:
�.-�,���� By: �%������
� PUBl.lS�EO -"�:�? � �: 1990
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DEPARTM[NTlOFFICE/COUNqL DATE INITIATEO � ,�
Finance/Real Estat bivision 1/30/90 GREEN SHEET NO. �� �7,���
co�rr�cr Peasow a�E �o�P�ar��'t a��cron , �cm o�Na�
Dick McCann 298-5317 �F� ����� �cin•a,ERK
MUBT 8E ON ENDA BY TE) ROU7N10 �BUOOET Wf�i�70ii �FIN.8 MOT.8ERVICES DIR.
��O �MAYOR(OR A9818TAN7] �
TOTAL#►OF SIQNATURE P (CLIP ALL LOCATIONS FOR SItiNATUR�
ACTION REOUE8TED:
Approve resolution vacating parts of Prince Street, Lafayette Road, Willius Street, Neil
Street, Kittson St eet, Brook Street, Payne Avenue, Fifth Street, and the alleys in Blocks
64, 65, 66, and 67 Kittson's Addition bounded by Kellogg, John, and Prince Street.
RE :Avv►�UU o► COUNqL CWAIYII EEIR�EARCH f�PORT OPTIONAL
_PLANNINO COMMI8SION pVll SERVICE�NIMIS810N ANALY8T PMONE 1�.
qB COMMITTEE
_A 8TAFF OOtiAMENTS:
_WSTRICT OOUAT .
SUPPORTS NlNldi OOUNqL OBJE
ri
n�rru►rnu��.�, lwiw,wn�,wnsn,wn«s,wn»:
A discrepancy in the title of the streets being vacated has existed since 1881
due to a tran action between the city and the Chicago North Western Railroad
(previous own r to the property now owned by Dart.
REEEIVED
RECEIVE�
�ov�rrr�s��o: R 0
�EC1�.�s1��le to property. `�AN � 1990
0������'1'NE DtRECTOR
�A�QR�s pFFICE DEPARTMENT QF RiNANCE
AND MANAGEMENT SE�ICES
asnov�wr�s��vee: �
None.
�L'��/�
�E6061994
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DISADVMITAGES IF NOT
Title problems will remain. \
�ounci� Kesearch (:ente�
FEB 0$1990
TOTAL AMOUNT OF TRAN� s 34.354.00 cosTn�varue suooErao�q�a�.ry �ir�s� wo
`�..�,.,�r
FUNOING sOtIRCE ACTIVITY NUMBER
FINANpAL INFORMATION:(EXPW ,,/
Compens tion to the city to be paid into 001-00250-2833-000 (d�1/