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88-1096 WHITE - CITV CLERK PINK - FINAf�CE G I TY OF SA I NT PAU L Council CANARV - DEPA TMENT u y/(//� BI.UE - MAVO� File 1�0• � /D�I Return copy to: t ��O cil Resolution Valuations - Room 218 (RM) (5-1988i / � Presented By �'� � Referre Committee: Date Out �f Committee By Date RESOLVED, th�lt upon the petition of the Housing and Rsdevelopment Authority of the City of Saint Paul and the Port A�thority of the City of Saint Paul, per Finance Department File Na. 5-1988, that part of Arundel Street lying south of Selby Avenue and north of the alley in Block 10 , Woodland Park Addition and Cochran' s Subdivision of and Addition to Block 11, Woodland P�rk Addition, hereinafter described, be and the same is hereby vacated and discontinued as public property; The vacated arlea is described as follows: All that part of Arundel Street from Selby Avenue south t�O the alley in Block 10 , Woodland Park Addition and Cochran's Subdivision of and ' Addition to Block 11 , Woodland Park Addition The vacation shall �be subject to the following conditions: 1 ., That the vacation be subject to all the terms and conditions ' of Chapter 130, codified March 1, 1981, of the Saint Paul Legislative Co�le, as amended. 2., That the petitioners, their successors and assigns shall pay ! a $500 administrative fee for this vacation, which is due and payable w�thin 60 days of the publication date of this resolution. 3 .' That a 30-foot permanent sewer easement shall be retained on behalf of the �ity of 5aint Paul, Department of Public Works centered along the center line of vacated Arundel Street and shall be subject to the followinq conditions: I a. No buildi gs, structures or trees are permitted within the easem�nt area nor any temporary structure, material COUNCIL MEMBERS Yeas Nays Requested by Department of: vimond F�nance & Ma.nagement Services �� I ' In Favor - Goswit� Sc6e'��bej _ Against BY ""�`-^ Director Sonneq �K Wilson �+•Y' m Appr ve ity Attorney Adopted by Council: Date Certified Passed by Council Secretary I By � 6 By ' Approved by �Vlavor: Date _ Appcove by bmission to Council, By � i t , , ; . . i ' ��--`D�/�p , , storage, fixture or other objects that will prohibit normal a,ccess to sewer facillities for maintenance purposes . b. No change, from the existing grade is permitted without written p�rmission from the Director of the Department of Public Works . c. No chang� in surfacing 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 �asement arising out of or resulting from any action or negligence of the petitioners, their employees, agents, or business invitees. 4 . That a perman�ent Water Utility Easement be retained on behalf of th'e 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 within � the easement area nor any temporary structure, material storage, �ixture or other objects that will prohibit normal ac�ess to water facilities for maintenance purposes. b. No change from the existing grade is permitted without written pezmission 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 full�y indemnify, defend and save harmless the Board of �Water Commissioners , its officers, agents, employees, � and servants from all suits, actions or claims whi�ch 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� ou�t �of or resulting from any action or � negligence bf the petitioner , its employees, agents or business invitees. 5. That the petiti0ners , 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 b costs for removal of paving, boulevards, curbs, gutters, r t` b 2 . r � � �� lQ�� . . i � i sidewalks, street lighting, street signs and all other improvements as deemed necessary and approved by the Department of 'Public Works . 6 . That the petit�ioners, their successors and assigns shall pay all costs and expenses for the construction of new curb, gutter , sidewa��k and driveway entrance along Selby Avenue at the northerly� end of the vacated area, subject to the approval of th� Department of Public Works . 7. That the petitioners, their successors and assigns shall pay all costs and �xpenses 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 a�nd 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 P;ublic Works . 9. `i'hat the petitioners, their successors and assigns shall pay all costs and �xpenses 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 permanen� 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 a�rea will be used as a snow storage area for any plowin',g done on the unvacated portion of Arundel Street. �� b. That the pet�itioners, their successors and assigns shall � remove all , snow which may accumulate in this snow storage are� either as a result of snowfall or the plowing of t�e unvacated portion of Arundel Street. c. All accumulated snow shall be removed within 24 hours of snowfall and �, plowing. d. That the petitioners , their successors and assigns shall pay all costs and expenses for all "No 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 1�1 , Services. �1 3 , , . . I , ` � �c� lDQ� , , 11 . That the petitl�oner, the Port Authority of the City of Saint Paul, shall de�icate a permanent easement for an emergency � vehicle access and turnaround area, in a form and manner to � be approved �y 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 s�aid lot 13. Point "A" being located on said parallel lipe 7 feet north of the south line of said Lot 13 and Point "B" being located on the south 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 pe'titioners, their successors and assigns , shall keep� this area clear of all debris and , accumulatedisnow 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 sout �herly 21 feet of the westerly 15 feet of Lot � 13 , Cochran' s � Subdivision of and Addition to Block 11 of Woodland Park 1�ddition. This easement shall be subject to � the following condition: , a. ihat the petitioners, their successors and assigns shall keep this a�ea clear of all debris and accumulate snow at all time� . 13 . That the petitlioners , 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 determin�d by the Department of Public Works and the Department of Fiire & Safety Services. The location of this barricade shall ,be along the following described line: Beginning onl� 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 lii�e, a distance of 13 feet, thence left , along a line' parallel to the south line of said lot 13 a distanc� of 41 feet; thence left alonq a line � 41 feet west of and parallel to the east line of _�,j,�.� vacated Arumdel Street a distance of 15 feet and �� �� there termin�ting. r1 b � � 4 , , . ' ° � � ���a9� . , Triis barricade shall be constructed of an appropriate material which will preven� general vehicle access to and from Block 10, Woodland Park Adc�ition and Block 11 , Cochran ' s Subdivision, except that this barricade along its line parallel to the alley iri said Block l0 �and Block 11 shall have a breakaway feature wl�ich will permit emergency vehicle access. 14 . That the petitioners, their successors and assigns shall dedicate a 20-�oot permanent easement for fire-lane 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• �l�his easement shall be conveyed in a form and manne� to be approved by the City Attorney and the City of Sain� Paul, Fire & Safety Services Division and shall be con�eyed to the City within 60 days of the publication date of this resolution. 15� That a permar�ent easement be retained within the vacated ' area to protect the interests of Northern States Power , Company. 16. That a perman�,ent easement be retained within the vacated area to protect� the interests of Continental Cablevision. 17 . That within 3p days of the publication date of this resolution, Th� Port Authority of the City of Saint Paul, its successors and assigns shall convey to the Housing Redevelopment ' Authority of the City of Saint Paul , Minnesota, any �nd all rights it may have or will receive in the vacated por�ion of Arundel Street, herein described as a result of this �acation. 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 her�ein, it now has and will obtain as a result of this vacatian, to the City of Saint Paul for street right-of-way pu�poses. 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 tt�e 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 pr'operty for parking purposes shall terminate when and up,on the sole discretion of the Director of the Departm�ent of Public Works of the City of Saint Paul . ' � � b. That the Di�ector of Public Works shall terminate the ' `�b� �j \ 5 i . � r . . ' ` � ' , , (.���/�py Housing �tedevelopment Authority' s right to use this dedicated land for parking when this dedicated land for parking Rurposes is replaced by either a public or private parking ramp within the Selby-Western commercial area . c. That this reserved right to park on the dedicated right-of-�tay 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�tinnesota 55102 d. Upon the termination of the right to use the vacated property ' for parking purposes, the Housing Redevelopment Authority of the City of Saint Paul, its successorsi 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 d�mages received or sustained by any person, persons , or property on account of this vacation, or petitioner ' s us� of this property, including but not limited , to a claim brought because of any act of omissions, neglect or misconduct o� said petitioner or because of any claims or � I II I �\��L � ��� 6� 6 WNITE - G�TV �LERK I PINK� - FIfyA CE COUIICII (X� CANARY - DEPA�TMENT GITY OF SAINT PALTL /J O BLUE - MAYO File �O. ✓ / �� Return copy to: �'ouncil Resolution �laluations -- Room 218 (RM) (5-1988�1 Presented Byl Referred To I Committee: Date Out �f Committee By Date liability arlising from any violation of any law or regulation ma'de in accordance with the law whether by the I petitioner or any of its agents or employees. 20. That the peti�tioners, their successors, and assigns, shall within 60 day's of the publication date of this resolution i file with the City Clerk an acceptance in writing of the conditions of this resolution and shall within the period (s) specified in Ithe terms and conditions of this resolution , comply in all �espects with these terms and conditions. 21. That the vacation expires May 31, 1990 and Planning and. Economic Devel'ppment Department present to the Council on or about March' 15, 1990, a report and options for the parking I in the area. I I I I I COUNCIL MEMBERS ' Yeas Nays Requested by Department of: Dimond Finance & Management Serv�ceG �ng � [n Favor coswi Rettmsn DireC oY Scheibel �__ A gai n s t BY - Sonnen Wilso� JUL — � � App e City Attor Adopted by Coi�ncil: Date Cerlified Ya.s Council S et By C � t6 By Approve b IVlavor: Date JUL ^ �S Approved by May for bm ion to Council A PUB1.134tE8 �l U L 1 G 1988 ' , 2.�.. . �a(�,�� � :I, ' '-�Y .� .. � � �� -: , . . 3. ... . : ��� � . ����� ' . . ryr�r� ��E'�i�I �H��' NO. F�ia�ce & ge�mt Servic�s V G G�S oolrrMes o��a�ecroA �w�ron ron�er�wn Dick McCan -- Roo9�t 218 �� � �•�r e�s�cro� 4 crrr c�erc . 11o1iTINC euoo�T wn�crror+ ° ``''` Valuatio�s 298-5317 qroER: "—�n,�rro�r,�r — � Agprovs re o�ution for the Ho �.t�g :and Redevelop�ent A�thority far the vacation ot Arundel _ Street fro Selby Avenue south t�e alley south of Selby. Public He ring: July 5, 1-9�, '� ! Pnblic Works Co�ittee Hearing: June 29, 1988 , . , � •t lN«�lk�(Rl) � i �RE6E/�FI RE�ONT: .. � . . : M.ANNNq � . CML SERVICE OOAAMIISSION � DATE iN . . DA7E OUT � . . PFqNE �� � - . . � � . i - . � . . � . . . � i . � . .. . a0NIN0� . 18D C16 8CNDOL BOAhD . . � �. - . �.A .SfMF � .. � CHARfER C�MIS810N � COMPLETE AS IS .-�'�. . � _F�A OL�".� . �oo�* . °s'wcT co`"ic` *�xa�wraN: , .... r ,. . . - ., >, _� euenoa�s w�«cM caiwcN. . � . -. ;',::: , ; ������t�� .._ RECEtVED ..... I Located in uncil District �1. ' ' ' . . ; _ JUN 1 +" 1988 ,I J�Itl r:�� ��4p � OFFICE OF'THE DtRECTOR !� �"������'� ''° ; DEPARTMENT OF FMANCE _ �rFfC� . . . _ , . �r�►t�a s�ae�, arvaqnn+m�vurw.wi,er.rvnar,. .wnyf: .__. The purpose of the vacation is b permit construction of a public parking lot for usromers vfsiting bu �:nesses in. the neig orhood. As a part of this vacation, the Housi�tg nd R�deve.iopme L. Authority will"re edicate ,the vacated street back to the. Gity. Tke 3�y ,. will. permit .the:Housing ,and Red vselopment Authority to use the rededicated street or park3ng pur oses until such tim as a parking ramp is eonstructed in the Selhy-Wet�tiern Area. Afte construction of a arking ramp�. the City will terminate the parkiag i� d A del, and return the � reet back to its ori inal ri ht-of-wa . ; � �ar�+i.o�..n..�..>: , !, � The Depart t of Public Works; �'�,t�he Department of Co�nity Services; the Depart�t of Flanning a Economi�. Developme ti; Water Utility; Palice Department; Fire & Safetg Servic�s; Northwes�e Bell Telephone Com ny; Northern States Power CQmgany; District Energ 3t. P�ut2; " Inc.; Weste Union, and Contin tal Cablevision have no ob�ections to the vacatio�. District �1 aoes not sugport t vacation of Arundel Street for additional pa�kin�; hoWever, it daes suppoxt the po ibility of parking in ,vther~��ress a,�_ d'eserib�d�iri: ` : . ,�� 001�1i�(W1rt �nd To VYAa�:. � _ — . . ��be�.�' •��o t s�i#.�h �;s attached ereto. Y��-- � � Council Research Cer�ter, ; . . _ ; .(Included in above) JUN 2 4 �$$ ; _ , , _ .. ; _ _ - . � . _ .:: �rew►� � e�o� � , _ ; , H y. vacation Keep status quo , . � _ - I , Msrawi�c�rts: I � The vacati process and proced ,�es foliow Chapter 130 of .the Legislative Code. ��s: Unkno . � � � _ _ .