88-1704 WNITE - C1TY CIERK
PINK - FINANCE COUnCII
CANARV - GEPARTMENT GITY OF SAI�NT PAUL � _17 O
BJ..UE -'MAVOR File NO.
Return copy to Valua ' s Roo 18
(DM) (19-1988) � �ou 'l�Resolution %� �
�, `�
Presented By �
' ' zd.��!
Referre Committee: - Date
Out of Committee By Date
RESOLVED, that upon the petition of the St. Paul Fire and
Marine Insurance Company per Finance Department File No. 19-1988
those parts of West Sixth Street, West Seventh Place, Mayall
Alley, and the air rights hereinafter described, be and the same
are hereby vacated .
The vacated area is described as follows:
,
PARCEL N0. 1
THAT PART OF WEST SIXTH STREET, lying outside of a
162. 00 foot radius circle. The center of the said
circle is the intersection of a line 96 .00 feet
southwesterly of and parallel with the southwesterly
line and its southeasterly extension of Block 2, ST.
PAUL COMPANIES PLAT N0. 1, and a line 57. 57 feet
southeasterly of and parallel with the southeasterly
line and its northeasterly extension of Block 3, ST.
PAUL COMPANIES PLAT N0. 1; and lying northerly of a
line that is 35. 00 feet northerly of and parallel with
the following described line: Commencing at the
southwest corner of said ST. PAUL COMPANIES PLAT N0. 1;
thence northerly along the most westerly line of said
ST. PAUL COMPANIES PLAT N0. l, a distance of 286.04
feet; thence deflecting to the right 125 degrees 55
minutes 37 seconds, a distance of 193 . 98 feet, to the
point of beginning of the line to be described; thence
easterly on a tangential curve to the left, having a
radius of 763.94 feet, a central angle of 31 degrees 32
COUNCIL MEMBERS
Yeas Nays Requested by Department of:
Dimond Finance and Management Services
�� [n Favor �-
Gosw;tz
' �tt� �� Dire tor
Scheibel A gai n s t BY
Sonnen
Wilson
Form Appr v City Att ey
Adopted by Council: Date �
Certified Passed by Council Secretary BY
R3a �
By
Approved by �Navor. Date _ Approv y Mayor for S i 'ss' n tQ Co cil
By
. 8 �-1� 9 �f
to the intersection with the southeasterly line of the
ST. PAUL COMPANIES PLAT N0. 1. and there said line
terminates . Said intersection being 51 .46 feet
northeasterly of the southeasterly corner of said ST.
PAUL COMPANIES PLAT N0. 1. Also lying southeasterly of
the following described line: Commencing at the
northwest corner of Lot 5, Block 5, said Addition;
thence southwesterly along the northwesterly line of
said Block 5, a distance of 34 . 63 feet to an angle
point on the northwesterly line of said Block 5; thence
continuing southwesterly along the northwesterly line
of said Block 5, a distance of 308. 56; thence
deflecting to the left 138 degrees 08 minutes 37
seconds, a distance of 161. 58 feet; thence deflecting
to the left 5 degrees 42 minutes 38 seconds, a distance
of 60 . 30 feet; thence deflecting to the right 5 degrees
42 minutes 38 seconds, a distance of 124 . 28 feet more
or less to the southeasterly line of said Block 5 and
to the point of beginning of the line to be described;
thence continuing easterly on the previous aescribed
course 141 . 17 feet more or less to the intersection
with the southeasterly line of said ST. PAUL COMPANIES
PLAT N0. 1, and there said line terminates. Said
intersection point being 379. 75 feet southwesterly of
the most easterly corner of said ST. PAUL COMPANIES
PLAT N0. 1.
PARCEL N0. 2
ALL THAT PART OF MAYALL ALLEY, in Block 5, ST. PAUL
COMPANIES PLAT N0. 1, which lies between the
northwesterly line of West Seventh Place and the
southeasterly line of West Seventh Street.
PARCEL NO. 3
ALL THAT PART OF WEST SEVENTH PLACE which lies southwesterly of
the east line and its northerly extension of Block 2 , Rice and
Irvine' s Addition to Saint Paul , and which lies northeasterly of
the following described line: Commencing at the northwest corner
of Lot 5 , Block 5, ST. PAUL COMPANIES PLAT NO. 1; thence
southwesterly along the northwesterly line of said Block 5, a
distance of 34 .63 feet to an angle point on the northwesterly
line of said Block 5; thence continuing southwesterly along the
northwesterly line of said Block 5, a distance of 103. 14 feet;
thence on a tangential curve to the left, concaved to the
northeast, having a radius of 35 . 00 feet, a central angle of 138
degrees 08 minutes 37 seconds, for an arc length of 84 . 39 feet;
���,�
���`
,
�
.� - ���� � � �
thence easterly, tangent to the last described curve 265. 27 feet
more or less to the northwesterly line of West Seventh Place and
to the point of beginning of the line to be described; thence
easterly to a point on the south line of said Block 2 , Rice and
Irvine ' s Addition to Saint Paul , said point being 94 .00 feet west
of the intersection of the southeasterly line of West Seventh
Place and the south line of said Block 2; thence easterly along
the south line of said Block 2 to the intersection with the
southeasterly line of West Seventh Place and there said line
terminates.
PARCEL N0. 4
AIR RIGHTS FOR SKYWAY OVER WEST SIXTH STREET
The West 27 feet of the East 82 .08 feet of that part of
West Sixth Street as dedicated with the plat of RICE
AND IRVINE' S ADDITION TO ST. PAUL, Ramsey County,
Minnesota lying west of the west right-of-way line of
Washington Street as dedicated with said RICE AND
IRVINE'S ADDITION TO ST. PAUL and its extensions; the
bottom plane of the vertical space contained within
said description shall be elevation 805.62 feet (based
on National Geodetic Vertical Datum 1929 Adjustment)
and the top plane of the vertical space of said
description shall be elevation 834 . 29 feet.
The vacation shall be subject to the following terms and
conditions :
l. That the vacation be subject to all the terms
and conditions of Chapter 130, 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 compensation in
the form of improvements to the public area
commonly known as "Hamm Plaza" . These improve-
ments shall be subject to the approval of the
Division of Parks and Recreation, Department of
Community Services and include architectural fees,
engineering design, and capital improvements in the
amount of not less than $500,000 .00 nor no more
than $900 ,000. 00.
2A. That the petitioner, its successors and assigns
shall dedicate to the City of Saint Paul , a permanent
easement for right-of-way purposes in a form and
manner to be approved by the City Attorney and
subject to the approval of the Department of Public
Works. This easement shall be described as follows: �
`�� C.
3 �
,� . � �_� � o �
Those parts of Lots 2, 3, 4 , 5 and 6, Block 5,
ST. PAUL COMPANIES PLAT N0. 1 lying within the
following described line. Commencing at the
northwest corner of said Lot 5; thence south-
westerly along the northwesterly line of said
Block 5, a distance of 34 .63 feet to an angle
point on the northwesterly line of said Block
5; thence continuing southwesterly along the
northwesterly line of said Block 5, a distance
of 103. 14 feet to the point of beginning of the
line to be described; thence continuing south-
westerly along said Block 5, a distance of
205.42 feet; thence deflecting to the left 138
degrees 08 minutes 37 seconds, a distance of
161.58 feet; thence deflecting to the left 5
degrees 42 minutes 38 seconds, a distance of
60 . 30 feet; thence deflecting to the right 5
degrees 42 minutes 38 seconds, a distance of
124 . 28 feet more or less to the southeasterly
line of said Block 5; thence northeasterly
along the southeasterly line of said Block 5,
a distance of 109.10 feet to an angle point
on the southeasterly line of said Block 5;
thence northeasterly along the southeasterly
line of said Block 5, a distance of 9. 91 feet;
thence westerly parallel with the previous
described 124 . 28 foot line, a distance of
265. 27 feet; thence on a tangential curve
to the right, having a radius of 35.00 feet,
a central angle of 138 degrees 08 minutes 37
seconds, for an arc length of 84 . 39 feet to
the point of beginning and there said line
terminates .
3. That a permanent sewer easement be retained on
behalf of the City of Saint Paul, Department of
Public Works on, over , under and across the
vacated area of West Sixth described above as
Parcel No. 1 . This easement 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,
fixture or other objects that will prohibit
normal access to sewer facilities for
maintenance purposes.
b) No change from the existing grades is
permitted without written permission from
the Director of the Department of Public Works.
c) No change in surfacing within the easement
area is permitted without written permission ��
from the Director of the Department of Public Works. �
�����.
4
, g �.�� � �
d) That the petitioner, its successors and
assigns 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 the
petitioner, its employees, agents, or business
invitees.
4 . That a permanent utility easement be retained on behalf
of the City of Saint Paul Board of Water Commissioners
on, over , under and across the southeasterly 35 feet
of vacated west Sixth Street described as Parcel No. 1
above and shall be 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.
5. That a permanent utility easement be retained within the
vacated area of West Sixth Street described above as
Parcel No. 1 to protect the interest of Northern States
Power Company.
;�.
�b��� �
��
5 �
. �� -i � �
. � �
6. That the petitioner , its successors and assigns, shall
pay all costs and expenses for the removal of the
improved streets within the vacated area, including but not
limited to costs for removal of paving, traffic signals,
boulevards , curbs, gutters , sidewalks, street lighting,
parking meters, street signs and all other improvements
as deemed necessary and approved by the Department of
Public Works. This work, with the exception of West
Sixth Street described as Parcel No. 1 above, shall be
completed within sixty (60) days of the publication
date of the resolution.
Unlike the other streets in this vacation, the effective
date of the vacation of said West Sixth Street (Parcel
No. 1) shall be December 1, 1989 . The petitioner , its
successors and assigns, shall remove the street
improvements as indicated above from said Parcel No. 1
within sixty (60) days of December 1 , 1989.
If this provision has not been complied with within the
framework established herein, the City by its Department
of Public Works shall be authorized to remove the
street improvements as indicated above and ultimately
charge the costs of same against the adjoining property
owned by the petitioner, its successors and assigns, as
an assessment to be collected with real estate taxes .
By agreeing to the terms and conditions of this
resolution, the petitioners , its successors and assigns,
waive any right to appeal an assessment for the
reasonable costs of providing such services.
7. That the petitioner, its successors and assigns, shall
pay all costs and expenses for the barricading and/or
posting of the vacated streets herein described which
will notify and prevent public access and use of these
vacated streets within sixty (60) days of the effective
date of the vacation of these streets .
8. Based upon utility easement Certificates of Intended
Non-Use filed voluntarily on behalf of the Department
of Public Works, U. S. West Communications, Northern
States Power Company, the Water Utility, Continental
Cablevision, District Energy St. Paul Inc. , and Western
IInion and made a part hereof by this reference and
filed in the office of the City Clerk of St. Paul ,
the City for itself and on behalf of these corporations
and departments, waives the right to the utility
easements in those portions of the vacated areas,
described as follows:
Easement rights released by U. S. West Communications ,
District Energy St. Paul, Inc. , Continental Cablevision,
Western Union as follows : ��
����� �
6
��
. . � �'-) � oy-
THAT PART OF WEST SIXTH STREET, lying outside of a
162. 00 foot radius circle. The center of the said
circle is the intersection of a line 96 . 00 feet
southwesterly of and parallel with the southwesterly
line and its southeasterly extension of Block 2, ST.
PAUL COP4PANIES PLAT N0. 1, and a line 57 . 57 feet
southeasterly of and parallel with the southeasterly
line and its northeasterly extension of Block 3, ST.
PAUL COMPANIES PLAT N0. 1; and lying northerly of a
line that is 35.00 feet northerly of and parallel with
the following described line: Commencing at the
southwest corner of said ST. PAUL COMPANIES PLAT N0.
l; thence northerly along the most westerly line of
said ST. PAUL COMPANIES PLAT N0. 1, a distance of
286 . 04 feet; thence deflecting to the right 125
degrees 55 minutes 37 seconds, a distance of 193. 98
feet, to the point of beginning of the line to be
described; thence easterly on a tangential curve to
the left, having a radius of 763. 94 feet, a central
angle of 31 degrees 32 minutes 30 seconds, and an arc
length of 420 . 55 feet, to the intersection with the
southeasterly line of the ST. PAUL COMPANIES PLAT N0.
1, and there said line terminates . Said intersection
being 51. 46 feet northeasterly of the southeasterly
corner of said ST. PAUL COMPANIES PLAT N0. 1. Also
lying southeasterly of the following described line:
commencing at the northwest corner of Lot 5, Block 5,
said Addition; thence southwesterly along the
northwesterly line of said Block 5, a distance of
34 .63 feet to an angle point on the northwesterly line
of said Block 5; thence continuing southwesterly
along the northwesterly line of said Block 5, a
distance of 308 . 56 feet; thence deflecting to the
left 138 degrees 08 minutes 37 seconds, a distance of
161. 58 feet; thence deflecting to the left 5 degrees
42 minutes 38 seconds, a distance of 60. 30 feet;
thence deflecting to the right 5 degrees 42 minutes 38
seconds, a distance of 124 . 28 feet more or less to the
southeasterly line of said Block 5 and to the point of
beginning of the line to be described; thence
continuing easterly on the previous described course
141. 17 feet more or less to the intersection with the
southeasterly line of said ST. PAUL COMPANIES PLAT N0.
1, and there said line terminates. Said intersection
point being 379.75 feet southwesterly of the most
easterly corner of said ST. PAUL COMPANIES PLAT N0. l.
ALL THAT PART OF MAYALL ALLEY, in Block 5, ST. PAUL
COMPANIES PLAT N0. 1, which lies between the
northwesterly line of West Seventh Place and the
southeasterly line of West Seventh Street.
1`��
��
� ��J��
. g� � _�� o
. � �
ALL THAT PART OF WEST SEVENTH PLACE which lies
southwesterly of the east line and its northerly
extension of Block 2, Rice and Irvine' s Addition to
Saint Paul, and which lies northeasterly of the
following described line : Commencing at the northwest
corner of Lot 5, Block 5, ST. PAUL COMPANIES PLAT N0.
1; thence southwesterly along the northwesterly line
of said Block 5, a distance of 34 . 63 feet to an anqle
point on the northwesterly line of said Block 5;
thence continuing southwesterly along the
northwesterly line of said Block 5, a distance of
103. 14 feet; thence on a tangential curve to the left,
concaved to the northeast, having a radius of 35 . 00
feet a central angle of 138 degrees 08 minutes 37
seconds, for an arc length of 84 .39 feet; thence
easterly, tangent to the last described curve 265. 27
feet more or less to the northwesterly line of West
Seventh Place and to the point of beginning of the
line to be described; thence easterly to a point on
the south line of said Block 2, Rice and Irvine' s
Addition to Saint Paul; , said point being 94 .00 feet
west of the intersection of the southeasterly line of
West Seventh Place and the south line of said Block 2;
thence easterly along the south line of said Block 2
to the intersection with the southeasterly line of
West Seventh Place and there said line terminates.
The West 27 feet of the East 82 .08 feet of that part
of West Sixth Street as dedicated with the plat of
RICE AND IRVINE' S ADDITION TO ST. PAUL, Ramsey County,
Minnesota lying west of the west right-of-way line of
Washington Street as dedicated with said RICE AND
IRVINE'S ADDITION TO ST. PAUL and its extensions; the
bottom plane of the vertical space contained within
said description shall be elevation 805.62 feet (based
on National Geodetic Vertical Datum 1929 Adjustment)
and the top plane of the vertical space of said
description shall be elevation 834 . 29 feet.
EASEMENT RIGHTS RELEASED BY NORTHERN STATES POWER
COMPANY, THE WATER UTILITY AND PUBLIC WORKS
ALL THAT PART OF MAYALL ALLEY, in Block 5, ST. PAUL
COMPANIES PLAT NO. 1, which lies between the
northwesterly line of West Seventh Place and the
southeasterly line of West Seventh Street.
ALL THAT PART OF WEST SEVENTH PLACE which lies
southwesterly of the east line and its northerly
extension of Block 2, Rice and Irvine' s Addition to
���
`D�e�
�
8
. - � � �� � ° �
Saint Paul , and which lies northeasterly of the
following described line: Commencing at the northwest
corner of Lot 5, Block 5, ST. PAUL COMPANIES PLAT N0.
1; thence southwesterly along the northwesterly line
of said Block 5, a distance of 34 .63 feet to an angle
point on the northwesterly line of said Block 5;
thence continuing southwesterly along the
northwesterly line of said Block 5, a distance of
103 . 14 feet; thence on a tangential curve to the left,
concaved to the northeast, having a radius of 35. 00
feet, a central angle of 138 degrees 08 minutes 37
seconds, for an arc length of 84. 39 feet; thence
easterly, tangent to the last described curve 265. 27
feet more or less to the northwesterly line of West
Seventh Place and to the point of beginning of the
line to be described; thence easterly to a point on
the south line of said Block 2, Rice and Irvine' s
Addition to Saint Paul, said point being 94.00 feet
west of the intersection of the southeasterly line of
West Seventh Place and the south line of said Block 2;
thence easterly along the south line of said Block 2
to the intersection with the southeasterly line of
West Seventh Place and there said line terminates.
SKYWAY DESCRIPTION
The West 27 feet of the East 82 .08 feet of that part
of West Sixth Street as dedicated with the plat of
RICE AND IRVINE'S ADDITION TO ST. PAUL, Ramsey County,
Minnesota lying west of the west right-of-way line of
Washington Street as dedicated with said RICE AND
IRVINE'S ADDITION TO ST. PAUL and its extensions; the
bottom plane of the vertical space contained within
said description shall be elevation 805.62 feet (based
on National Geodetic Vertical Datum 1929 Adjustment)
and the top plane of the vertical space of said
description shall be elevation 834 .29 feet.
9. That the design final plan approval, the construction and
maintenance of the skyway structure shall be accomplish-
ed in accordance with and subject to the approval of
the Department of Public Works and Department of
Planning and Economic Development. The final design
shall also be subject to approval by the Council of the
City of Saint Paul .
10 . That the final construction plan of the skyway to be
constructed within vacated Parcel No. 4 described above shall
be subject to the approval of the Bridge Division of
the Department of Public Works.
�l�
n�� �-
, �
9
. . � �' -( �70
11 . Other than the skyway now proposed to be built within
vacated Parcel No. 4 described above, the petitioner,
its successors anc7 assigns are placed on notice that
the City will not allow any additional skyways to be
constructed in Parcel No. 1 now in the remaining portion
of West Sixth Street which lies westerly of the west
line of that part of vacated West Sixth Street described
as Parcel No. 4 above.
12 . That the petitioner , its successors and assigns agree
to negotiate in the future with the City regarding
the incorporation of the skyway to be constructed in
Parcel No. 4 with the present public skyway system.
13 . That the petitioner , its successors and assigns shall
submit a plat survey showing and describing the limits
of the skyway in relationship to Parcel No. 4, and its
relationship to the finished street elevations.
14 . That the petitioner, its successors and assigns , by
acceptance of the terms and conditions of this vacation
agree 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, 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.
�����'
lc �,,s
'
io
. � . - �'� -�� °�-
15 . 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 respects
with these terms and conditions.
\����� �
�b� �--
��
WFiITE - CITY CLERK ' /,�/' (//''"''���/// /� I
PINK - FINANCE CO�1�1C11 X Y r� / O �'`
B U,E�.v +� MAPORTMEN7 GITY OF SAINT PAUL � �� �
Return copy to Room 218 Valuatio , � File N 0.
(DM) (19-1988) �ounc�l Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
15. 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 respects
with these terms and conditions.
COUNCIL MEMBERS
Yeas Nays Requested by Department of:
n�mona � Finance and Management Services
�� [n Favor
Gaswitz
�tt� � Director
sche;be� _ Against BY
se�ee.t
Wilson
}��+ �; `� Q Form Approv by City Attorney
Adopted by Council: Date uy� � "� �v� C�
Certi fie d Pas e Counci l S r B y C � ��
By
� " A r d b Ma or for Submi 'o cil
Appro by Mavor: Date ��� = -� �=�� Pp Y Y
B
p��g� i�V'v - � 1988