87-35 ` WHITE - CITV CLERK
PINK - FINANCE G I TY OF SA I NT PA LT L Council �
C4NAi7V - D�PARTMENT File NO. �� ��
BLUE -MAVOR
Valuationsv-tRoom 2�8 Counc ' Reso tion
� � �
Presented By ' �
Referred To Committee: Date
Out of Committee By Date
RESOLVED, That afte_r a hes'�r-�ng �nd consideration _cZf
the petition of Lancex--and Associaces as per �ile No. 24-1986,
ror tht v��dc-�oi� of Pine Streer ��om Kellogg Boulevard norcii
�u t�`� �����;�� �� -che alley and also a one-foot strip along
the eas� side of Broadway between Kellogg and Prince Streets,
all bounded by Broadway, Prince, Olive and Kellogg; the
City Council of the City of Saint Paul hereby vacates and
discontinues as a public street, the property described more
specifically as follows :
Parcel No. 1
�xcept 'che southwesterly 20 feet; all that part of Pine
Street lying southeasterly of the southwesterly extension
of the centerline of the alley in Block 62 and northwesterly
of Kellogg Blvd. , in Kittson' s Addition to Sain� Paul,
and all of the easement in the land necessary for the slopes,
cuts and fills, including the right of removal of lateral
support from subject land or remainder thereof occasioned
by excavation thereof or construction of slopes in the
grading of said rights-of-way lying within or adjacent
-�o said vacated area described above.
Parcel No. 2
All that part of the northeasterly one foot of Broadway
Street adjoining Lot 5, Block 61, Kittson' s Addition
to Saint Paul lying between southwesterly extension
of the southeasterly line of said Lot 5 and a line 32
feet northwesterly of and parallel to said southeas�erly
line.
COUNCILMEN Requested by Department of:
Yeas p�eW Nays
N�cos�a Finance & Mana m '
Rettman In Favo[ �
Scheibel '
Sonnen __ Agal[1St BY Director
Tedesco
Wilson
Adopted by Council: Date Form App oved by City At orney
Certified Yassed by Council Secretary BY '
g�,
Approved by Mavor: Date _ App v y Mayor for Sub ssio ouncil
BY - - — �
• WHITE - C�TV CLERK
PINK - FINANCE G I TY O F SA I NT PA U L Council � ` �S.
C4NI�RV - OEPARTMENT
BLUE � t.fiAVOR File NO•
Valuati nsy-tRoom 218 ��u CZ` Res lution
(�) � � i
Presented By l
Referred To Committee: Date
Out of Committee By Date
6. That the petitioner and his contractor shall pay all
costs and expenses for the constructioin of a sidewalk
along the northwesterly side of Kellogg Boulevard from
the northeasterly line of Broadway to the northeasterly
line of Pine Street. Al1 work shall be subject to the
approval of the Department of Public Works.
7 . That the petitioner, its successors or assigns, by acceptance
of the terms and conditions of this vacation, agrees
to indemnify, defend and save harmless the City of Saint
Paul, its officers and employees -`rom 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 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 .
8 . That the petitioner 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 .
That the third party agreement acquiescing to this vacation is
attached hereto and made a part of this vacation by this
reference .
COUNCILMEN Requested by Department of:
Yeas p�eW Nays
Nicosia �_ (n Favor F' e & M m nt S r '
Rettman
Scheibel
Sonnen __ AgBinst BY Director
redesco
Wilson
�IAN 1 3 �987 Form Appr ved City Attor y
Adopted by Council: Date
Certified Ya:• ncil S e BY �2
By- c
Appro e :Navor. Da e _ � �� � 5 �98? p►PP� � d by Mayor for Subm' sion o C cil
BY - — By ,
PDRI.�SHED ,_)A"J ?� 4 1987
,Fiaan�ce � i�tgmt. Services DEPARTMEN� ' ��'��� _ � 826
�Dick McCann CONTACT
298-5317 PHONE
Dec 19, 1986 DATE ��� �� I
�SSIGN NUhBER FOR ROI�TING ORDER (Cl�p All Locations for Si ature) : -
Dejiartment' Dire�ctor ,� Director of Management/Mayor
_1 Finance and Management Services Director � 4 City Clerk
Budget:�Director � 3 Cbrfa Nicosia
City Attorney _
k(HAT�WILL BE ACHdEYED .BY TAKING ACTI.ON ON THE AT'TACHED MATERIALS? (Purpose/
Rationale);
Adopt resolutiott bacating part of Pine 3treet between Priace and �ellogg Blv� which
was approved by the Council �n Dec 16, 1986. The vaaated area is bounded bq Broadway
Kellogg, Frince and Olive.
� RECENED �..,
COST/BENEFIT, BUDGETARY AND PERSONNEL IMPACTS ANTICIPATED: � ` �E e 2 4 ��6
OF�ICE OF THE DIRECTOR
$12,110.00 Bea�fit to the city DEP�RTMENT pF FfN,��E
. . �WD M�n��wr S�E�
, . RECENED .
0EC Z 4 � :
Ma�ott�s a����� �
FINANCING SOURCE AND BUDGET J4CTIVITY NUN�ER CHARGED OR CREDITED: (Mayor's signa- �
tuwe not re-
Total Amo�nt-of 'Transaction: quired if urrder
� �10,000)
Fu�ding Source: -
Activity Number: 4Q250-2833-000 � • ���,,����n
ATTACHMENTS (List and Number All Attachments) :
1. Resolution � ��a g �
2. Map �OINVCILMAN
� CHRIS NICOSIA
DEPARTMENT REVIEW CITY A1'TORNEY REVIEW
x Yes No Council Resolution Required? ' Resolution Required? Yes Pio
� Yes � No Insurance Required? Insurance Sufficient? Yes No
Yes x No Insurance Attached:
(SEE •REVERSE SIDE FOR INSTRUCTIONS)
Revised 12/84 �
l. That the vacation be subject to all the terms and conditions
of Chapter 130, codified March 1, 1981, of the St. Paul
Legislative Code, as amended.
2 . That the land described in Parcel No. 2 above is being
vacated to accommodate a building encroachment and
that upon removal, reconstruction, alteration, demolition
or otherwise non-existence of the encroaching building
the vacated land in Parcel No. 2 shall revert to the
City of Saint Paul as street right-of-way without cost
or charges to the City.
3 . That a permanent sewer easement be retained on behalf
of the City of Saint Paul, Department of Public Works,
within 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 sewer facilities
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. No change in surfacing within the easement area
is permitted without written permission from the
Director of Department of Public Works.
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 specific easement be retained within the vacated
area to protect the interest of Northern States Power
Company.
5 ' That the petitioner shall pay the City of Saint Paul
$12, 110 . 00 as compensation for this vacation which is
due and payable within 60 days of the publication date
of this resolution.
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