90-1970 Return copy to: � � � � , ;,� � ' e �
Real Estate Division �� �
�3t3 City Hall ` ' � 1 File # �'��7�
(RM) (19-1990) Green sheet � ���a o
� RESOLUTION
OF SAINT PAUL, MINNESOTA
� �
Presented By �
Referred To Committee: Date
RESOLVED, that upon the petition of the State of Minnesota per
Finance Department File No. 19--199A, that part of Constitution
Avenue (formerly Central Avenue) lying between Cedar Street and
Robert Street, hereinafter described is hereby vacated and
discontinued as public property.
The vacated area is described as follows:
Commencing at a found one inch iron pipe at the
northwesterly right�of�way intersection of Constitution
Avenue (forr�erly Central Avenue) with Robert Street.
Thence S 55 18 ' 44" W, recorded bearing, a distance of
572 . 78 feet along the northerly riqht of way of
Co�stitution Avenue, to the POINT OF BEGINNING; thence S
34 41 ' 16" E a distance of 112. 27 feet, to a point on the
southerly right of way line of Constitution Avenue; thence
S 55018 ' 44" W a distance of 76 . 76 feet along the
southerly line of Constitution Avenue; thence N 31° 45 ' (�3"
W a distance of 112 .42 feet to a point on the northerly
right of way of Constitution Avenue; thence N 55° 18 ' 44" E
a distance of 71 . (�0 feet to the POINT OF BEGINNING. Said
parcel contains 8, 294 square feet or 0. 190 acres.
This vacation shall be subject to the following conditions:
1. That this vacation shall be subject to the terms and
conditions of Chapter 13�1, codified March 1 , 1981, of
the Saint Paul Legislative Code, as amended.
2. That the petitioner , its successors , and assigns shall
pay the City of Saint Paul a $500 administrative fee for
this vacation which is due and payable within 60 days of
thel, publication date of this resolution.
3 . That the petitioner , its successors , and assigns shall
pay all costs and expenses for removal , changes, and
relocation of existing street lighting or signs ,
including, but not limited to, all costs for new curbs,
gutters , or sidewalks required as a result of this
vac�tion subject to the approval of the Department of
Public Works .
4. Tha� the petitioner , its successors , and assigns shall
pay all costs and expenses for the construction of a
�OR � GI �� L � � � . , t���o ��7n
traiffic turnaround at the dead end of Constitution
Avenue adjacent to the easterly line of the area being
vac'ated , subject to the approval of the Department of
Public Works. The petitioner shall also deed any land
necessary for the construction of this turnaround to the
City, in a form to be approved by the City Attorney.
5. That the petitioner , its successors, and assigns shall
agree to revise the roadway specifications of Cedar
Street and Constitution Avenue to proper specifications
subject to the approval of the Department of Public
Works .
6. That the petitioner , its successors , and assigns shall
submit a comprehensive plan of the Capitol area to the
Department of Public Works , Street Engineering Division.
7 . That a permanent unobstructed easement be retained
within the vacated area to protect the interests of
U. S. West.
8. That a permanent unobstructed easement be retained
within the vacated area to protect the interests of
District Energy St. Paul, Inc.
9. That a permanent water utility easement be retained on
behalf of the City of Saint Paul , board of Water
Commissioners within the northwesterly 40 feet of the
vacated area subject to the following conditions:
a. 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 maintenace purposes.
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 petitioner , its 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
2
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._ , ,
reserved easement , arising out or or resulting from
any action or negligence of the petitioner, its
employees , agents , or business invitees .
10. That the petitioner, its successors, and assigns hereby
agrees to indemnify, defend, and save harmless to the
extent permitted by law, the City of Saint Paul , its
officers , and employees , against 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 or petitioner ' s
use of this property 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 petitioner or any of its agents or employees.
11 . That the petitioner , its 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 respec�s
with these terms and conditions.
,
ea Nava Absent Requested by Department of:
�on
osw z "r—"
on _� Finance & Management Services
acca e
et ma �
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un `
i son '� By: t_- i'6 r'�'c�ror
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Adopted by Council: Date N�V 1 3 �ggp Form Apprgved by City Attorney
Adoption ertified by.Council Secretary g ��'����L-YZ-� � 7iC��--`.
Y�
/GU— /�;�- `�c,'
By' Approved b Mayor for Submission to
Council i
Approved by Mayor: Date / /�� �"�Cl � ' � ✓
� 3 199� � '
� - y�j,� -.Lt�t-
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By: �a�_ _ � y'
PU��ISN�D �!OV 17 1990
3
_ _1 ���,►vrw �.�a�c--��3
. -,� ,.�,�„'
k 19199Q,
DEPARTMENT/OFFICE/COUNCIL DATE INITIAT�D Q _117 2 0
Finance/Real Estat Div s�on l0����90 �GREEN SHEE l�°•
CONTACT PERSON&PHONE ❑ INITIAUDATF�_" C',�— INITIAUDATE
DEPARTMENT DIRECTOR M� V L
Dick McCann 29 -5317 ASSIfiN �CITYATTORNEY O CITYCLERK
NUMBERFOR
MUST BE ON COUNCIL AOENDA BY( ATE) ROUTING �BUDGET DIRECTOR �FIN.&MGT.SERVICES DIR.
ORDER ��pAYOR(OR ASSISTANT) �
TOTAL#OF SIGNATURE P GES (CLIP ALL LOCATIONS FOR SIGNATURE)
ACTION HE�UESTED:
Approve reso utio vacating part of Constitution Avenue between Cedar and Robert Street
RECOMMENDATIONS:Approve(A)or e)ect(R) pERSONAL SERVICE CONTRACT8 MUST ANSWER THE FOLLOWING QUESTIONS:
_ PLANNING COMMISSION CIVIL ERVICE COMMISSION �• Has this person/firm ever worked under e contract for this departmentT
_CIB COMMITTEE YES NO
A STAFF 2. Has this person/firm ever been a city empioyee?
— YES NO
_DISTRIC7 COUR7 3. Does this person/firm possess a sklll not normally possessed by any current clty employee?
SUPPORTS WHICH COUNCIL OBJECT E? YES NO
Explain all yea answers on separate sheet and attach to green shsst
Located in Counci Dis rict 2
INITIATING PROBLEM,ISSUE,OPPO NITY( ho,What,When,Where,Why):
State of inne ota has requeste, d�t�h,�,t��z�ation for the final phase of
construct on o the Minnesota t ilding.
oc11 s �gso
OFFi�E O��THE DIRECTOR
TMENI OF FINANCE
ADVANTAGES IFAPPROVED: ��� ��RP(�_`�'�1A,J ...
Improves he a sthetics of the Capitol grounds and improves pedestrian traffic way.
DISADVANTAQES IF APPROVED:
None
DISADVANTAGES IF NOT APPROVED:
Disapproval woul require the State to modify construction plans.
RECEIVED� �ounc;; ►;;����rc�� �cj����
pCT251gg0 ��, ����u
� ���� n �as, .
iTY CLERK
TOTAL AMOUNT OF TRANSACTI $ S O.00 COST/REVENUE BUDGETEp(CIRCLE ONE) YES NO
FUNDING SOURCE ACTIVITY NUMBER 001-01300-2833
FINANCIAL INFORMATION:(EXPLAIN) �,- I
W
%
� �jd-/�7o
` CITY OF SAINT PAUI. � Members:
�tTr oa
,� ,�a'' ; OFFICE OF THE CTTY COUNCIL Roger J.Goswitz,chair
o � ± David Thune,vice chair
, „u�ifnu , Tom Dimond
� uu �un a
� � Bob Long
�...
Date:November 7,1990
Committee Report
To: Sair�t Paul City Council
From: Public Works, Utilities, and Transportation Committee
Roger J. Goswitz, Chair
Hearing Date
Appraval of Minutes of October 31, 1990. APPROVED 3-0
1 . 11/13 0 VACA ION: Petition of State of Minnesota for APPROVED
the acation of part of Constitution Avenue
betwe�en Cedar Street and Robert Street. Purpose
iis tol improve aesthetics of the Capitol grounds
and i prove pedestrian traffic.
2. 11/13/90 VACATION: Petition of State of Minnesota for APPROVED 3-0
the vacation of part of Wabasha Street and
Columbus Avenue between Cedar and 12th Street.
Purpose is to proceed with the Capitol Mall
Landscaping Project.
3. 11/20/90 FINAL ORDER: Improve the following streets with LAID OVER
a bituminous roadway, concrete curb and gutters, 4 WEEKS
concrete driveway aprons and outwalks, boulevard
restoration and a lantern style street lighting
system for Walnut Street from Exchange Street
to Smith Avenue and Chestnut Street from Smith
Avenue to Thompson Street. All to be known as
the Seventh/Kellogg Area Street Paving and
Lighting Project.
4. 11/20/90 FINAL'� ORDER: Constructing the Seventh/Kellogg APPROVED 3-0
Area 5torm Sewer Project. Area bounded by
Shepard Road, St. Peter St., Summit Avenue
and Smith Avenue. Also construction of
sanitary, storm and water service connections,
� if requested by property owners.
5. 11/13/90 FINAL ORDER: Improving the following streets APPROVED 4-0
with a bituminous roadway, concrete curb and
gutters, concrete driveway aprons and outwalks,
boule�r ard restoration and a lantern style street
lighthng system for parts of Villard, Hampshire,
Magof�in, Itasca, Elsie, Field, Norfolk, Colby,
Finn, Bowdoin, All of Villard Court, Return Court,
Murray, Kenneth and Prior. All to be known as
the Cleveland/Magoffin Area Street Paving and
Light�ng Project.
6'. 10/30/90 FINAL ORDER: For constructing the Cleveland/ APPROVED 4-0
r�� Magoffin Area Storm Sewer Project. Bounded by
Soo Line RR Right-of-way on the north, on the
south and west by the Mississippi River, and
on the east by the west line of the Soo Line
RR Right-of-way to Thure Avenue, by Cleveland
Avenue from Thure to the center line of the
Soo Line RR by Prior Avenue from Return Court
to the Mississippi River. Also, installation
of sanitary, storm and water service connections
if requested by property owners.
7. 11/30/90 FINAL ORDER: For acquiring a permanent utility APPROVED 4-0
easement for the Cleveland/Magoffin Area Storm
Sewer Project over, under and across part of
Lot 1, Block 1, Auditor's Subdivision #87.
8. 11/30/90 FINAL ORDER: For acquiring a permanent utility APPROVED 4-0
easement for the Cleveland/Magoffin Area Storm
Sewer Project over, under and across part of
Lot 1, Block 4, Bisanz Riverwood Terrace.
9. 11/13/90 RATIFICATION OF ASSESSMENTS: For Wabasha/5th/6th APPROVED 3-0
Streetscape Project.
10. 11/13/90 RESOLUTION - 1566 - Increasing the Sewer APPROVED 4-0
Availability Charge (SAC) from �600.00 to
$650.00 by the MWCC. �
11 . REPORT: Conveyance of Sewers back to the City LAID OVER
from the MWCC. 4 WEEKS
12, RESOLUTION - 90-1877 - Approving Lease APPROVED 4-0
Agreement, a 3 year, 3 party lease of
400 square feet of vacant land to Jean F. &
Thomas A. Krawczewski to be sub-let to DBA
Converter Tech. Co. , for the purpose of
pedestrian access.
13. Discussion on Volume-Based Pricing: Mandatory APPROVED AS
collection; not organized trash collection. AMENDED 4-0
14. Other Business:
RESOLUTION - 90-1929 - An Ordinance amending APPROUED AS
Chapter 85 of the Saint Paul Legislative Code AMENDED 4-0
pertaining to the regulation of Water Rates
in the City of Saint Paul . (Referred to
Committee 11/1/90)