88-1310 WNITE - C�TV CI.ERK
PIN�. - FINANCE COU�1C11
BLUERw- MqyOj�TMENT GITY OF SAINT PAITL File NO. � �� l�
Return copy to Room 218 �ouncil Resolution
� Valuations & Assessments --�
(12-1988) (DM) - - `�.-(��- � �
Presented By � ��� � < d' �—
Referred To Committee: Date
Out of Committee By Date
RESOLVED, that upon the petition of the Port Authority of
the City of Saint Paul, per Finance Department File Number 12-
1988 , that part of Ellis Street lying between Curfew Street and
University Avenue, hereinafter described, be and the same is
hereby vacated and discontinued as public property:
The vacated area is described as follows:
All that part of Ellis Street lying between
Curfew Street and University Avenue except
the following: the southerly 18 feet of
vacated Ellis Street adjoining lot 24, Block
3, Baker ' s Addition to the City of Saint Paul
and except the northerly 18 feet of vacated
Ellis Street adjoining lots 1,2 , 3 and 4,
Schoch and Althens Addition to the City of
Saint Paul which lies between the northerly
extension of the east and west lines of Lot
24 , Block 3 Baker ' s Addition to the City of
Saint Paul.
The vacation shall be subject to the following
conditions:
1 . That the vacation be subject to all the terms and
conditions of Chapter 13fd, codified March 1, 1981, of
the Saint Paul Legislative Code, as amended.
2. That the petitioner, its successors and assigns shall
pay a $5g0 administrative fee for this vacation which is
due and payable within 60 days of the publication date
of this resolution. -
COUNCIL MEMBERS Requested by Department of:
Yeas Nays
Dimond Finance and Mana e ent ice
i.ong [n Favor
coswitz
sche;'be Against � BY 'rector
Sonnen
Wilson
Form Approv City Attor y
Adopted by Council: Date �.
Certified Passed by Council Secretary B3' �
sy
A►pproved by fNavor: Date Appr by Mayor for Sub ssio to cil
By
�tl9{.ISkiEB AU G 2 p 1988
, . , . � � � � � �8'- �3��
3 . 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 vacated
area subject to the following restrictions:
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 maintenance 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 reserved easement, arising out
of or resulting from any action or negligence of
the petitioner, its employees, agents, or business
invitees .
4 . That the petitioner , its successors and assigns shall
pay all costs and expenses for the removal of all
surface street improvements to eliminate the appearance
of the vacated area as a public right-of-way.
5. That the petitioner shall pay all costs and expenses for
the reconstruction of Curfew Street along the westerly
end of vacated Ellis Street and University Avenue along
the northeasterly end of vacated Ellis, including but
not limited to all costs , for curbs , boulevards ,
sidewalks, private driveways, drainage facilities,
street paving and any street signs which may be required
as a result of this vacation subject to the approval of
the Department of Public Works .
6. That a utility easement be retained within the vacated
to protect the interest of Northern States Power
Company.
�,�x�, C
�/�3/�
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WHITE - CITV CLERK
PIfyK - FINANCE GITY OF SAINT PAUL Council
CANAR�V - OEPARTMENT
BLUE - MAV�R File -NO. �'/�/� -
Council Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
7 . That a utility easement be retained within the vacated
area to protect the interest of Western Union.
8. That the petitioner , its 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, 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.
9. That the petitioner , its successors, and assigns , shall
within 6fd 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 .
(12-1988)
COUNCIL MEMBERS Requested by Department of:
Yeas Nays
Dimond Fin e and Mana ement e vices
I.o� In Favor
coswitz
Sche bel `� Against BY �� Director
Sonnen �_ ��
Wilson
� — 9 1988 Form Appr ved b City Attorney
Adopted by Council: Date �
c 3
Certi fied P s Coun ' e ar BY
By�
A►pprove b �Vlavor: Date 1 5 WU1i Appro by Mayor for Submissi to uncil
By
py9llSt{f8 AU G 2 p 198$
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Finance & Manage�nt Services` ?�-y� ,
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cCNr�►cr pe1180N oEwwr�Kr wq�emn � �w�t roN
Dicki-McCann -- Room 218 � — roH
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AbtRiNO —� euoc�r rnaEOroR �r"_'
Valuattotts . 298-5317 . � ' — arr n�� —
Adopt resolution vacating E1].is St•Yeet from Curfew Street to University Avenue
Public Aearing: Aug 2, 1986' Public Works Commfttee Hearing: Julq 27, 1988
�f�t�+(�a�'�(R)) OO(J11C�Rl�BARCx1 t�POR7':
� .. . PLANNINO oOMM�N . . . .CtW.3ERVICE o0MMN881pN � DATE IN � � onTE�art- .. .i1Ml�Lrsr . - - -PFXkrE�NO. . .� � � .
. . �NIiO COIAdIS610N - ISD 825 SCil00L�W1HD . : . . . . .. . � . .
—�-BTI�FF. .. . . OWARTER�COAlIM8810N-� � � � OOMKETE AS IS . ADDL N�IFO.ADOED* . . �� AETD TO CONTA�T . � . CQNiT�RtlENT� .
. . � . . . _ � __FOFi AD01 MiFO. _F�Adc ADDED# �
DISTRICT OOLRK�MI. *E���: . . . . . . -> . .
� . ...8l1PPORT8 YNiICFi OOtMICII OBJE�(:TME9 . . . . � . . . . . . . . - � � . . .. .
.. . - . . �-. - ,� .. . . . � . . . . � ,. . . . . _ .. . ,
. Located in Council District #4. COL!llEl� �eS�CC�I C@11'�@r
JUL 2 61988 :
�. . . _
.�nu,�.�o.�+oec.w.�.a�a�r�r�.wn.�.,�,.v�.w�: , -
The purpoae of this vacatian is �o assemble the vacated street with the ad�uiniag lsnd on
bot� sides. fo� redevelopment.. ,� ,
� The �Department o� Public 'Works; the Department of CQ�wnitp Services; the Department of Plsuning
and EcoAOaie Development; Water UtYiity; Police Department; Fire & Safety Services; Ncrrt�stern
Bell Teiephone Company; Northern States Power Company; District Energy St. Pau2, Inc.; Western
� +a�G►�too.r�ra�.�awr.aw.w..�,r.r• ;. . ..
UniQn; Continental Cablev3sion and District 1� have no ob�ections to the vacation.
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.. . . . ;
- COIMt�7f:�11�h.WINn.aad To vllhom):' : . ; � .-
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� (Included in aboae)
' ;j��_. .� .� Ig$8
:�.,,�,►�: � �9�;. .
,
Deny petition. Reep status qua
Msrosr�rs:
. The vacatio� .pxocess and .procedures follow Chapter 130 of the Le�islative Code.
. ;
�cw.�: .
None known at this time. The resolution contafns`a� indemnifieation for the City. '