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90-621 0 R I G I N A L Council File # 9d"G�� Green Sheet # d �7 �'Z RESOLUTION �--��, CITY SAINT PAUL, MINNESOTA � , �,. , 1z� Presented By Referred To Committee: Date 1 RESOLUTTON EXTENDING THE VACATION EXPIRATION DATE 2 ON THE VACATED PART OF ARUNDEL LYING SOUTH OF SELBY 3 AND NORTH OF THE NORTH LINE OF ALLEY SOUTH 4 OF SELBY AVENUE - DISTRICT 8 5 6 WHEREAS, on July 7, 1988, the City Council of Saint Paul, in response to a request from the 7 Housing and Redevelopment Authority of Saint Paul, vacated a portion of Arundel Street for the 8 purpose of providing parking; and 9 10 WHEREAS, the vacation Resolution (Council File No. 88.1096, copy attached) contained a 11 provision that stipulated the vacation would e�ire May 31, 1990 and the Planning and Economic 12 Development Department should present to the Council on or about March 15, 1990, a report and 13 options for parking in the area; and 14 15 WHEREAS, PED staff have evaluated the parking situation at Selby/Western and prepared a 1C report and options for parking in the Area; and 17 1� WHEREAS, the Arundel Street vacation report was reviewed and the action taken by the Summit 19 University Planning Council was to recommend a one year continuation of the vacation; and, now, 20 therefore 21 22 BE IT RESOLVED, that the City Council of Saint Paul extends the Arundel Street vacation 23 expiration date to May 31, 1991 and request the Planning and Economic Development Department to 24 present to the City Council on or about March 15, 1991, a report and options for parking in the area. Ye�s Navs Absent Requested by Department of: Dimon � Goswitz �_ Lon Macca ee —�- � Rettman T une Wi son By= � Adopted by Council: Date APR i 7 1990 Form Approved by City Attorney Adoption Certified by Council Secretary By: By� ��✓ Approved by Mayor for Submission to Approved b Mayor: Date pp� �. g 1990 Council By: ;1�i22/�c�l� By: �iiSHED APR 2 81990 _ �Qo yG� DEPARTM[NTIOFFICFJCOUNqL DATE INITIA � c�t oun �� 4rs� GREEN SHEET No. 8342 CONTACT PERSON 8 PHONE , INfTUW DATE INITIAUDATE �DEPARTAAENT DIRECTOR �GTY COUNCIL ' ' ' NV�� ❑qTY AITORNEY �GTY CLERK MUBT BE�1 COUNpI AOENDA BY(DAT ) R01lTp�Ki �BUDCiET DIpECTOR �FlN.6 MOT.SERVICES DIR. 4-17-90 �MAYOR(OR ASSISTAN'n � TOTAL N OF SKiNATURE PAG 1 (CLIP ALL LOCATIONS FOR 81GNATUR� IlCT10N REDUESTED: Approval of a resolution extending th� vacation .of Arundel Street to May 31, 1991. i�00MMENDAT10N8:Approve(N o► (� COUNCIL COMMITTE RCH REPORT L _PLANNINO COAAM18810N _qVIL SERVICE OOM�AIS$ION �YST PMONE NO. _(�B(bMMITTEE _ _STAFF _ COMMENTB: _D18TRICT COURT _ SUPPORTS WNICH OOUNqL OBJECTIVE? IN171A7'IPki PR08LEM�IS8UE.OPPORTUN (Who�\Nhet�Whsn�Whsro�Wh�: C.F. 88-1096 authox�ized the vacation of the north 1/2 block o£ Arundel Street between Selby and Laurel until May 31, 1990 and rec{uired the nenartment of Planning and Economic Developmer�t to submit a report and options for parkinu in the area. ADVANTA(iE8 IF APPROVED: , ' This will continue tto provide necessary paxking .for the Selby/Western area, particularly for commercial enterprises in Hill Plaza, while allowing time to review and make recommendations shauld changes in use or demand occur. �is�vMrr�aes��vEO: DtBADVANTROE8IF NOT APPROVED: Much needed park�.n� could be lost in this area. ���'VEQ ���r�cll Kesearch �enY�� A�PR 101�0 APR 101880 CITY CLERK TOTA�L AMOUNT OF TRANSACTION = -� COST/REVENUE OUOGETED(dRCLE ONE) YES NO FUNDINd SOURCE ACTIVITY NUM9ER �wnNa�iNwa�nori:�exPwN� . . � � @r= �o-�a� . ,J` �'t, 1OC CITY OF SAINT PAUL INTERDEPARTMENTAL MEMORANDUM T0: Don Crotty FROM: Jim Zdon �� DATE: April 3, 1990 RE: Arundel Street Vacation Per your request, attached is a draft City Council resolution pertaining to vacated Arundel Street. JZ:rb cc: Warren Hanson Mary Tingerthal a:j zcrotty.rb � Council File ,� Q�G�� Green Sheet # RESOLUTION CITY OF SAINT PAUL, MINNESOTA �' �✓,�. Presented By Referred To Committee: Date RESOLUTION N0. RESOLUTION EXTENDING THE VACATION EXPIRATION DATE ON THE VACATED PART OF ARUNDEL LYING SOUTH OF SELBY AND NORTH OF THE NORTH LINE OF ALLEY SOUTH . OF SELBY AVENiJE - DISTRICT 8 WHEREAS, on July 7, 1988, the City Council of Saint Paul, in response to a request from the Housing and Redevelopment Authority of Saint Paul, vacated a portion of Arundel Street for the purpose of providing parking; and WHEREAS, the vacation Resolution (Council File No. 88.1096, copy attached) contained a provision that stipulated the vacation would expire May 31, 1990 and the Planning and Economic Development Department should present to the Council on or about March 15, 1990, a report and options for parking in the area; and WHEREAS, PED staff have evaluated the parking situation at Selby/Western and prepared a report and options for parking in the Area; and WHEREAS, the Arundel Street vacation report was reviewed and no action taken by the Summit University Planning Council; BE IT RESOLVED, that the City Council of Saint Paul extends the Arundel Street vacation expiration date to May 31, 1991 and requests the Planning and Economic Development Department to present to the City Council on or about March 15, 1991, a report and options for parking in the area. Yeas Nays Absent Requested by Department of: imo w on a ee e ma une i son BY� Adopted by Council: Date Form Approved by City Attorney Adoption Certified by Council Secretary By: By� Approved by Mayor for Submission to Council Approved by Mayor: Date By: By: /. . WMITE —y U�T4 CLEMK • � COUflCll �� NARY -- Db'��R+MENT GITY OF SAINT �AUL File N0. �� ���� ' BLUE •�MI.YOR ;- '�t�"" �°p' `°' � Cou 'l Resolutio �'�a� v,►��ts� — �•+ 21a �ECENED � (� (5-1988) � _� ' Presented By '�' Committee: Valu�s��m�� �rvisi Referre Dept'� Out of Committee By Date �t�SOLVF.D, that nppn tbe� pet i t i on �f tbe Hoos i ng � a�d Redevelopm�nt eutho=ity of the City of Saint Psu2 and the Pozt Autbority of th� City of Saint Paul, per [�inaace Department :ile No. 5-1988, tbat part of Aruodel Street lying south of Selby Avenue and north of the alley in Block 10, woodland Pazk ndditioo and Cochran's Subdivision of and Addition to 81ock lI, t•�oodland Park Additioa, hereinafter desczibed, be and the same is hereby vacated aAd discontiaued as public property; �he vacated area is desczib�d as folloWS: N12 that part of Arundel Stree�from Selby Avenue south to tl�e alley in Block , Woodlan3 Park �dditioa and Cochran's Subdivisfon of and , .Addition to elock 11, t�oodland Park �ddition - �'be vacation shall be snbj�ct to tbe following conoitioas: 1. �c�hat the vacation be snbject to all the teras and conditions � � of Chapter 130, codified <<�►rcb l, 1981, of tbe Saint Paul . Legislative Code, as amended. 2. '"hat the petitioners, tbeir successors and assigns shsZl pay a $500 aciministrativt fee for this vacation, vhich is due and paya�le Kithin 60 days of the publication date of this resolution. 3. ':'hat a �J-foot p�tmar,enti sewer easement shall 5e retaii3ec o� Uehalf oi the City of Saint I�aul�:, Departa�ent of Puolic nork� centeced along the cEnter lin� of vacated �rundel Street and shall be sub�ect to the following ccnditions: a. i�o �buildings, stsuctures or trees• are pezmitted within the ease�ent area nor any tea�porazy strvctnre, �aterial COUNCIL MEMBERS Requested by Department of: `' Yeas NaYs Dimond - �{�� � �_�« c�.•.,ti... Lo� � -. In Favor coswitz e^ l�� � Against - By._ �7r'' .. `�". J ' sonnw . . _ -�'_ - - � Wilson _ L _., _ , _ �Fohm,Approved.by ity Attorney Adopted by Council: ' Date � � � B �• � f �6 f!'�- Certi[ied Passed by Council Sectetary y By. Approved by May+oi Tor Submission to Council Approved by �lavor: Date _._ , -�� By By . —�--..., . . vr—ao i�� r� . � . � �� � . ��� sidewalks, street lighting, street signs and all othez improvements as deemed necessary and approved by the Department of Public Works. 6. That the petitioners, their successors and assigns shall. pay all costs and expenses for the construction of new curb, gutter, sidewalk and driveway entrance along Selby Avenue at the northerly end of the vacated area, subject to the approval of the Department of Public Works. � . 7. That the petitioners, their successors and assigns shall pay all costs and expenses for the construction and removal and or relocation of stormwater drainage facilities which may be required as a result of this vacation subject to all codes and ordinances and to the approval of the Department of Public Works. 8. That the petitioners, their successors and assigns, shall pay all costs and expenses for the removal and relocation of the lighting standards and the control cabinet located within the vacated area subject to the approval of the Department of Public Works. 9. lhat the petitioners, their successors and assigns shall pay all costs and expenses for traffic re-signing required as a result of this vacation. This work will be performed by the Traffic Division, Public Works Department and billed to the petitioners. 10. That a permanent easement be retained, on behalf of the City of Saint Paul, Department of Public Works, to provide an area for snow storage and an emergency vehicle access and turnaround on, over and across the southerly 21 feet of the easterly one-half of vacated Arundel Street subject to the following conditions: a. That this area will be used as a snow storage area for any plowing done on the unvacated portion of Arundel Street. b. That the petitioners, their successors and assigns shall remove all snow which may accumulate in this snow storage area either as a result of snowfall or the plowing of the unvacated portion of Arundel Street. c. All accumulated snow shall be removed within 24 houzs of snowfall and plowing. d. That the petitioners, their successors and assigns shall pay all costs and expenses for all "t�o Parking'• and "Emergency Vehicle Only" signs that are required in this � easement area subject to the approval of the Department �` of Public Works and the Department of Fire & Safety � b� Services. /�11 l7� 3 11 r ���+��J�y(/���'/y� ��� ♦ '�.�E�7 �� r ' .. i _ �, r � D'�� � �y storage, fixture or other objects that will prohibit normal access to sewer facillities for maintenance purposes. b. No change from the existing grade is permitted without written permission from the Director of the Department of Public Works. c. ATo change in surfacinq within the easement area is � permitted without written permission from the Director of the Department of Public Works. d. That the petitioners, their successors and assigns shall indemnify, defend and save harmless the City of Saint Paul, its officers, agent, 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 the petitioners, their employees, agents, or business invitees. 4 . That a permanent Water Utility Easement be retained on behalf of the City of Saint Paul, Board of Water Commissioners on, over, under and across the westerly 33 � feet of vacated Arundel Street and shall be subject to the following conditions : a. No buildings, structures, or trees are permitted withiri the easement area nor any temporary structure, material storage, fixture or other objects that will prohibit normal access to water facilities for maintenance purgoses . b. No change from the existing grade is permitted without written permission from the Water Utility. c. No change in surfacing within the easement area is permitted without written permission from the Water Utility. d. That the petitioners, their successors and assigns shall fully indemnify, defend and save harmless the Board of Water Commissioners, 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 the petitioner, its employees, agents or business invitees. 5. That the petitioners, their successors and assigns, shall pay all costs and expenses for the removal of the improved � street within the vacated area , including but not limited to `�� costs for removal of paving, boulevards, curbs, gutters, r ,` b z . - y p� - - - � , �� r • • yO/ {f' � 1 �! � 11 . That the petitioner, the Port Authority of the City of Saint Paul, shall dedicate a permanent easement for an emergency vehicle access and turnaround area, in a form and manner to be approved by the City Attorney, and subject to the approval of the Department of Public Works and the Department of Fire & Safety Services. This easement shall be subject to the following conditions: a. That the access and turnaround area .easement be described as follows: All that part of Lot 13 lying southerly of a line drawn from point "A" on a line 15 feet east of and parallel to the west line of said lot 13, to point "B" on the South line of said lot 13. Point "A" being located on said parallel line 7 feet north of the south line of said Lot � 13 and Point "B" being located on the soutta line of said Lot 13, 22 feet east of the southwest � corner thereof, all in Cochran's Subdivision of and Addition to Block 11 of Woodland Park Addition. b. That the petitioners, their successors and assigns shall keep this area clear of all debris and accumulated snow at all times. � 12. That the petitioner, the Port Authority of the City of Saint Paul, shall dedicate a permanent easement for snow storage and an emergency vehicle access and turnaround on, over and across the southerly 21, feet of the westerly 15 feet of Lot 13, Cochran's Subdivision of and Addition to Block 11 of Woodland Park Addition. This easement shall be subject to the following condition: a. ihat the petitioners, their successors and assigns shall keep this area clear of all debris and accumulate snow at all times . 13 . That the petitioners, their successors and assigns shall construct a barricade across vacated Arundel Street and a part of Lot 13, Cochran's Subdivision at a time and in the manner determined by the Department of Public Works and the Department of Fire & Safety Services. The location of this barricade shall be along the following described line: Beginning on a line 14 feet. east of and parallel to point 7 feet north of the south line of Lot 13, Cochran' s Subdivison and Addition to Block 11 , Woodland Park Addition; thence north along said parallel line, a distance of 13 feet, thence left along a line parallel to the south line of said lot 13 a distance of 41 feet; thence left along a line 41 feet west of and parallel to the east line of „ �� vacated Arundel Street a distance of 15 feet and � there terminating. �� 6� 4 .:n • ��-�oy� �. . „ , .��� D, ��/ �y This barricade shall be constructed of an appropriate material which will prevent general vehicle access to and from Block 10, Woodland Park Addition and Block 11, Cochran 's Subdivision, except that this barricade along its line parallel to the aZley in said Block 10 and Block 11 shall have a breakaway feature which will permit emergency vehicle access. � 14 . That the petitioners, their successors and assigns shall ' dedicate a 20-foot permanent easement for fire-lan e purposes along either side of the center line of vacated Arundel . Street, the exact location of which to be determined at the time of conveyance. �his easement shall be conveyed in a form and manner to be approved by the City Attorney and the City of Saint Paul, Fire & Safety Services Division and shall be conveyed to the City within 60 days of the publication date of this resolution. 15. That a permanent easement be retained within � the vacated area to protect the interests of Northern States Power Company. 16. That a permanent easement be retained within the vacated area to protect the interests of Continental Cablevision. x 17. That within 30 days of the publication date of this ( resolution, The Port Authority of the City of Saint Paul, its successors and assigns shall convey to the Nousing Redevelopment Authority of the City of Saint Paul, Minnesota, any and all rights it may have or will receive in the vacated portion of Arundel Street, herein described as a result of this vacation. � . 18. Within 60 days of the publication date of this resolution, the Housing Redevelopment Authority of the City of Saint Paul, Minnesota, its successors and assigns shall dedicate any and all interests and rights in vacated Arundel Street as described herein, it now has and will obtain as a result of this vacation, to the City of Saint Paul for street right-of-way purposes. This new dedication for street right-of-way purposes will be subject to a terminable right of Housing Redevelopment Authority to use this land for public parking purposes. The form of .the dedication shall be approved by the City Attorney' s Office. The right of way dedication shall be subject to the following conditions: a. That the Housing and Redevelopment Authority, its successors and assigns agree that its right to use the dedicated property for parking purposes shall terminate when and upon the sole discretion of the Director of the Department of Public Works of the City of Saint Paul. � � b. That the Director of Public Works shall terminate the � c ��� � 1t � 5 --- -- . . . . _-__ _.� - - -- _ - - - -- ., �e�-�v�s, � _ - .� .. - ^/ , ���,�al Housing Redevelopment Authority's right to use this dedicated land for parking when this dedicated land for parking purposes is replaced by either a public or private parkiag ramp within the Selby-Western commercial area. c. That this reserved right to park on the dedicated right-of-way will be automatically cancelled upon written notice of the cancellation being sent to Housing Redevelopment Authority at the following address: � Housing Redevelopment Authority 25 West Fourth Street Saint Paul, t�iinnesota 55102 d. Upon the termination of the riqht to use the vacated property for parking purposes, the Housing Redevelopment Authority of the City of Saint Paul, its successors and assigns , agree to pay all costs and expenses to return the vacated street to its present condition prior to the date of this vacation, including but not limited to all cost for, new paving, curbs, sidewalks, gutters, catch basins, street lighting, street signs and all other . improvements as deemed necessary and approved by the Department of Public Works. 19. That the petitioners, their successors and assigns, by acceptance of the terms and conditions of this vacation, agree to idemnify, 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, i persons, or property on account of this vacation, or I, petitioner 's use of this property, including but not limited ' to a claim brought because of any act of omissions, neglect , or misconduct of said petitioner or because of any claims or � . I I . I c.. � b� b�� 6 • , ,` ,�ow*MEN* GITY OF SAINT PAUL Council �y� � F�i� N 0. �� ' / . n:�t°� _� Council Resolution , �� : c�n cs-19ss� (1,�y0 U . Presented By ' Referred To Committee: Date .. . Out of Committee By Date : � ,liabilfty , uising fsom aay violetion of any lav or � regulation �sade ia accordaace with tbe Iaw vhether by the � �� petftlones or,•anX of its ageats or employees. . - . � ' 20. Tbat `tZte petit�ioners, thefr �nccessors, aod aseigns, shall . within 60 �days of the publi�catioo date of this zesolution � , file witb tbe City Clerk an acceptance in vritfng of the - � - conditions of t2�fs resolation aod ahall Witbin the peziod (s) specified in the te�ms and couditions of tbis resolntion � complp in all respects rith Lbese tezms and conditions. .. - _ .�--' .: 21. That tb��vacatfoa espir�� MaY 31, 1990 aad Plaaniag aad ]�cono�ic D�velops�nt D�parLa�nt pr�as�it to tha Couacil on � -, ,�.-==''`or about ltarch 15, 199Q f a t�pott aad optione �or tbe packing '`" ia ths ar�a. . Y , � . r.. _ '" ' ��� :�:•- _ �- ���' ��E� � Requested �y Department of: � ' � - Yeas Nays ' -- Dimond �1�e�. j� �:��t wu .. • Lone �_ [n Favor = � . • � - g �� 9itaetor� . �� Against . ,_ y _. _ . .. . ��� .�, . . .. .� _.�-, . . . ' . + . . � _r . ._.. i',:� .�J � 'l , :,;: ,. JUL - 519� p� �ty A« _ . _ .;�- �^ � . �Adopted by►•Council: , Date M . - / �:. . _ � . � C b t6 . r . By � "�.� �eKi(ied Pa ed . s iCouncil� �a�i - h�., _. � s , ,� e• �� _ J: _ . _ :�� By "- ' -._ ,. . ,, . , . _, � 7 � Approved by Mayorlor bmis�on to Council : •�� Approved by Mavor: Date ` ; � �. �� ,� ��:.,. :? By By