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85-104 WMITE - CITi' GLERK PINK � - FINANCE COUIICII �� / ,! CANARY- DEPARTMENT GITY OF SAINT PALTL File NO. � " BLUE - MAYOR � RBTURN COPY TO VALUATIONS � � DIVISION ROOM 218 C ncil esolution , Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, that upon the petition of Oxford Development and Dayton Hudson, et al, per File No. 22-1984 that part of E. 7th Street between Wabasha and Cedar Streets hereinafter described be and the same is hereby vacated and dis�orltinued as a public street: Al1 that part of East Seventh Place (formerly East 5eventh Street) lying between the northerly extensions of the southwesterly and northeasterly lines of Block 6, City of St. Paul, commonly referred to as St. Paul Proper; also Al1 that part of a public easement to a height of eight feet (8 ' ) measured to an elevation above the surface of the same for construction, maintenance and use of a public side� walk, with a surface elevation approximately that com- parable to the established grade of said section of East Seventh Place (�ast Seventh Street) in, upon and over the following described tract or parcel of land lying and being in Block 6 City of St. Paul, commonly referred to as St. Paul Proper. That part of Block 6 , 5t. Paul Proper, City of St. Paul, 1�Iinnesota, described as follows: Beginning at a point in �the Northwesterly line of said Block 6, 26 feet Northeasterly from the most Ttiesterly corner of said Block 6, thence con- tinuing Northeasterly along said Northwesterly line 19. 14 feeta thence deflecting 31 degrees 30 minutes to the right and running in an Easterly direction 19. 36 feet, thence deflect- ing 32 degrees 38 minutes 34 seconds to the left and running Northeasterly 105 feet, thence deflecting 45 degrees 05 minutes 59 seconds to the left and running in a Northerly direction 11.11 feet more or less to a point in the North� westerly line of said Block 6, thence deflecting 46 degrees 14 minutes 33 seconds to the right and running Northeasterly along said Northwesterly line 13. 85 feet, thence deflecting COUNCILMEN Requested by Department of: Yeas Nays Fletcher Finance and Management Services Drew Itl FBVO[ Masanz NiCOSia scneibei __ Against BY Director Tedesco Wflaon Form A roved by City Attorney Adopted by Council: Date C ,r' Certified Passed by Council Secretary BY � B t tapprov d by �Navor: Date _ Appr y Mayor for Su ' n to Council By • . . ` � ��-/p� a Southerly direction 24 . 83 feet, thence deflecting 45 degrees 05 minutes 59 seconds to the right and running Southwesterly 112 . 08 feet, thence deflecting 32 degrees 38 minutes 34 seconds to the right and running in a Westerly direction 38 . 61 feet more or less to the point of beginnirg; also Al1 that part of a public easement to a height of eight feet (8 ' ) measured to an elevation above the surface of the same for City' s construction, maintenance and use of a public sidewalk therein, with a surface elevation approximately that comparable to the established grade of said section of East Seventh Place (East Seventh 5treet) in, upon and over the following described tract or parcel of land lying and being in City of Saint Paul, commonly referred to as St. Paul Proper: That part of East Seventh Place (East Seventh Street) , St. �aul Proper, City of St. Paul, Minnesota, vacated hereunder, described as follows; Beginning at a point in the Northwesterly line of Block 6, said St. Paul Proper� 174 .30 feet Northeasterly from the most Westerly corner of said Block 6, thence running Northeasterly along saic� Northwesterly line, 38 . 80 feet, thence de- flecting 90 degrees to the left and running in a North- westerly direction 11. 39 feet, thence deflecting 90 degrees 13 minutes ° 53 seconds to the left and running in a Southwesterly direction 28 feet, thence deflecting 46 degrees 00 minutes 40 seconds to the left and running in a Southerly direction 15 .61 feet more or less to the point of beginning; also All of the easements in the land needed for slopes, cuts and fills in grading and paving of East Seventh Place (East Seventh Street) lying within said vacated area. Subject expressly to the following conditions and reservations: 1. That the vacation be subject to all the terms and condi- tions of Chapter 130, codified March 1, 1981, of the St. Paul Legislative Code, as amended. 2 . That a permanent easement be retained for the existing sewer and catch basin located within the vacated area until the petitioner, its successors or assigns offi�i�ally abandon said ease- ment in accordance with the Department of Public Works Sewer Division. �� 2. � �(b� �� - ' � � . �y5-�a� 3 . That a permanent easement be retained for maintenance of existing light standards located within the vacated area until at the expense of the petitioner, its successors or assigns, oficially request the removal and relocation of same in accordance with the Department of Public Works Traffic Division. 4 . That a permanent easement be retained for the maintenance of existing traffic electrical service located within the vacated area until, at the expense of the petitioner, its successors or assigns officia].ly: request the removal and relocation of the same in accordance with the Depa'rtment of Public Works Traffic Division. 5 . That a permanent Water Utility Easement be retained over, under and across the northwesterly 30 feet of the vacated area of �ast Seventh Place (formerly East Seventh Street) and subject to the following restrictions: a. No buildings, structures or tre�s are permitted within the eas�ment area or any temporary structure, material storage, fixture or other objects that will prohibit normal access to water facilities for maintenance purposes without written permission from the Water Utility. 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. 6. That Oxford Development Minnesota, Inc. , and Dayton-Hudson Corporation, their successors and assigns, without consideration from the City of Saint Paul, shall grant to the City public easements of record for pedestrian ingress, egress and transit within portions of the structure to be constructed. Said easements shall be in form satisfactory to the City. 3 . , �_ � � . �- ��=�o� 7 . Based upon utility easement Certificates of Intended Non-Use filed on behalf of Northwestern Bell Telephone Company, Northern States Power Company, Water Utility, District Heating & Development Company and Western Union attached hereto and made a part hereof, the City hereby waives the utility easements or portion thereof to be vacated for itself and on behalf of these corporations. 8 . Normally the compensation for this vacation would be $603, 000 (20, 100 sq. ft. at $30 .00/sq, ft. ) . However, in lieu of a cash payment and based on the World Trade Center Development Agreement between the City of Saint Paul and Oxford Development Ltd. and further based on the petition submitted by Oxford Development and Dayton-Hudson, the Housing and Redevelopment AuthoYity of the City of Saint Paul will receive fee title to the vacated street as a result of the petitioners quit claiming their interest to the Housing and Redevelopment Authority upon approval of the vacation. Since the City of Saint Paul (Housing and Redevelopment Authority) and Oxford Development are partners in the World Trade Center, joint venture, conveyance of Seventh Street to Oxford will reflect a portion of the City' s equity into the project. 9 . That Oxford Development Minnesota, Inc, and Dayton- Hudson Corporation, their successors and assigns convey (by Quit Claiiu Deed) to the Housing and Redevelopment Authority of the City of Saint Paul all that part of vacated East Seventh Place (East Seventh Street) within 60 days of the effective date of this resolution. 10. 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 and the Housing and Redevelopment Authority of Saint Paul, its officers and employees from all suits, action or claims of any character including but not limited to, a claim brought because of any injuries, or damages received or sustained by any person, persons or property, on account of this vacation; or because of any act or omission, neglect or misconduct of said petitioner; or because of any claims or liability arising from or based on any 4 . ^�c � �� MNITE - CITV CLERK PINK �- =�FIN�ANCE � COUnC1I �//y � CANAR'I - DEPARTMENT GITY OF SAINT PAUL File NO. "�r^ �O BLUE - MAVOR 1 Cou cil Res lution . , Presented By Referred To Committee: Date Out of Committee By Date violation of any law or regulation made in accordance with the law whether by the petitioner or any of its agents or employees. 5 . COU[VCILMEIV Requested by Department of: Yeas Nays ) �� q/�,U � Finance and NIanagement Services Drew [n Favor Masanz llisesta'� 4Y scneibei __ Against By Director Tedesco Wiison JAN 2 L 1985 Form Appr ed by City Atto�rrney Adopted by Council: Date L..,-�� Certified P�:s d i S re a BY C � S By Appro Nlavor: e JAI�1� 2 R �QA�i Approved by Mayor for Submission to Council BY � BY PUBtISEiE�D ��i� 2 1985 _. � . � _ _ �3_�a� Cr.riTIFICATF, OF INTENflF,D NON-USE VI na t e `�`L�v�— l 3 r / �d � , THE HONORABLF, MAYOR AND MF.MBERS Of THE COUNCII. OF THE , CITY 0� SAINT PAl1L The undersigned hereby certify that they do no intend to exercise their utility easement rights in the following described realty: Al1 that part of Ea.st Seventh Place (formerly East Seventh Street) lying between the northerly extensions of the southwesterly and northeasterly lines of Block 6, City of St. Paul, commonly referred to as St. Paul Praper. � ' � �artment or Company � Its � _ - . /� Company Seal ' � � S igna ture STA�E OF MT.NN�SOTA ) ) ss. COUNTY Q� TtAMSFY ) � On this 13th day of November , 19 84 , before me, a notary public wirhin and Eor said County, personally appeared J. F. Stanton to me personally known, who� being by me auiy sworn, did say [ha[ he is [he Engineer - Distribution of Northwestern Bell Telephone �ompany, a corporation, �amed in the foregoing instrume�t, ' n, �nd that said instrume�t was signed in behalf of said corporation t�y �uthority of its Bonrd oF Directors and said Engineer acknowlecl�ed sa.icl i.ns[rument to be the free act and deed of saiJ corporation. �1A;1NN/VL�N.'L'�.^,V�.�n.� �1n U .�r./�vVN,� / � i /i�''i-}.. � -i � "ii. S 1�t .;� ,� � . i � / j - ' �=�;� hor,��Y��:�� :;;__..,Ta ' ��' P,:;.Y?s.Ytu !rr N ary PubIic, Ramsey County, Minnesota R'Y CO"��;d.E;Pi°.�ncC.2, ;?^,,0 --�� c, �:::v�:wv�r✓vwwvw�.�rv,•s�r,•r�rr,Nw�,r. My c omm i s s i ot1 ex p i re s ��, �j �/(l ; _ ��a�f CE►<TIFICATF. OF INTF.NDF,D NON-USE � � � Date November 13, 1484 THF HONORABLE MAYOR AND DtEMBERS OF THE COUNCII., OF THE � CITY OF SAINT PAUl, The undersi�ned hereby certify that they do no intend to exercise their utility easement ri�hts in the following described realty: All that part of East Seventh Place (formerly East Seventh Street) �.ying between the northerly extensions of the southwesterly and northeasterly lines of Block 6, City of St. Paul, commonly referred to as St. Paul Praper. y � Northe�States Power ComPany • t�epartmeRt or Company � . \ I ts �r� ��,qpx, St Paul Divii��,.,_GC.�' .�� / r —— /1 �� '�/�' �/G/G��'[%vI/ — Company Seal gna ture ! ��.—' STATE OF M7.NN�SOTA ) ) ss. COUNTY qF RAMSF..Y ) On this � day of d�/pG�tlt?��' , 19�, before me, a notary public within aad Eor said County, personally appeared _pA�?/;�'LL �. �L��T�/.'Gc/1 Gk� to me personally known, wno, oeing by me duly sworn, did say th.�t he is the Fd`,/��,(�RG i'}� /�G�/,�- �L€C7-_ of �I/ S, /� Company. a corporation, named in the foregoing instrume�t, and tti�t the seal aEfixed to said instrument is the corporaCe seal of said corporation, .�nd that said instrume�t was signed and sealed in behalf of said cor�+oration I�y ;+i�thority of its goard of Directors and saiJ �C�A/L . /�7 G� acknawled�ed saicf i.nstrument to be the free act and deed of saiJ corporation. . , � ,��, � � ,� ;�`� . � A;�nnn�vci�na:tiLV��r:nnnn.^;..�.,tiU.1ti Notary Public, Ramsey County, Minnesota c�)�,�,;�y-,y^[�.? h'.�.?.ai -Fc`, Jr,�J /;�.�� ` e�;,F.IYiZ. . •°17} T Jr�, . �� .'� ,, My commissio� expires �/?�//99Q � . �•i;iY ix:.�-.f;.�!�:�cY:+':::+ :�;i;... , . �rwvrvW�(�+VY1r1^MJti'V`.YLY`ir".Sl/'rVilV�`� � � ` � ��„ � . �_ . � ��=�o� CF:RTIFICATF, OF INTF,NAF,D NON-USE Date November 13, 1984 THE HONORABLF. MAYOR AND MEMBERS UP THE COUNCIL OF THE � CITY Ok SAINT PAl1L The undersi�ned hereby certify that they do no intend to exercise their utility �asemcnt rigt�ts in Che followinR described realty: All that part of East Seventh Place (formerly East Seventh St.reet) lying between the northerly extensions of the southwesterly and northeasterly lines of Block 6, City of St. Paul, commonly referred to as St. Paul Prvper. .j Northern States Power Companv nepartment or Company Its Director — Gas Engineerinq � � • / . Compa ny S ea 1 J- B• Peters : - �< �'' -� Signature �� STATE OF M7NrIESOTA ) � ) ss. COUI�tTY OF RAMSF.Y ) On this /�/ d�y of ,31/�1��"jn��P , 19 � , before me, a notary public wiehin aad Eor said County, personally appeared �p.E-��J �. d��'7'��o�;Di(� to me personally known, who� beiag by me duly sworn, did say [hat he is the �/1��C7'p✓� ��jS �',�1G�G- of .�• J - �• C_Gi1'��.N`/ Company, a corporation, named in the foregoing ins[rument, and [tiat the seal aEfixed to said instrument is the corpora[e seal of said corporation, and that said instrume�t was signed and sealed in behalf of said cor�ora[ion 1>y ;+uthority of its Board of Directors and said �v�{�/ �• �� T�r��O„C� acknowlecf�ed sai.cf i.�s[ri�ment to be the free act and deed of said corporation. r , , �I� � • , , . -� f�if�rLr.� � /��. � , , , �� ; ; t � , Nota y public, Ramsey County, Minnesota �'' ` ,'t '� � My commission expires y1�.S"�c/O ! "� _ � , . . .'vj�'/ti JYJd,v\�fYVJ'�iV�`�P��c`.':`.tiv�.,• �� . / t1 � � . ��s �o� . � • C.F.RTIFICATF. OF INTF,NDED NON-USE � na te , �� 1 � � _ THF HONORAnLE MAYOR AND MF.MAERS UH THE COUNCIL OF TH.F, � CITY QF SAINT PAl1L The undersi�ne.d hereby certify ttiat they do no intend to exercise thefr utility easemcnt rigl�ts in the followinR described realty: All that part of �ast Seventh Place (formerly East Seventh Street) lying between the northerly extensions of the southwesterly and northeasterly lines of Block 6, City of St. Paul, commonly referred to as St. Paul Prcyper. "Subject to an ezsement for Water Utility purposes over the northwesterly thirty (30) feet thereof." Saint.�Paul Water Utility Department or Company , � Its General Manager Company 5ea1 ��2� "� . i'��"L - -- Signature / r STATE OF MINN�SOTA ) ) ss. COUNTY O� RAMSF..Y ) On this day of , 19 , before me, a notary public within ar�d Eor said County, personally appeared to me personally known, who, being by me duly sworn, did say [ha[ he is the of Company, a corporation, named in the foregoing instrument, and ttiat the seal aEfixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by :+uthori[y oE its Board oE Directors and said ack�awled�ed satci instrument to be the free act and deed oE said corporation. Notary public, Ramsey County, Mi�nesota My commission expires _.. . . _ _,.._,,.....�,..,,,....._.,,_.�_ . . , � �5-�� . . � , .�:RTIFICATE OF INTF,NAF.D NON-USE na l��— �i.' '�`f te THE HONORAF3LE MAYOR AND riF.MBERS UF THE COUNCIL OF THF, _ CITY Ok' SAI�1T PAUI, The undersigned hereby certify that they do no intend to exercise their utility eascrt:ent righCs in the followinq described realty: Al1 that part of �ast Seventh Place .(formerly East Seventh Street) lying between the northerly extensions of the southwesterly and northeasterly lines of Block 6, City of St. Paul, commonly referred to as St. Paul Proper. i �j�r,;E�� f-tF��rr�/� r.`7�tt,F�,.��r'r��xrT�'asr��fnvtf pepartment or Company I ts �ES (J �n( �.,/,r,/ _. ___ Company Seal � S iKna ture STATE OF MINrIGSOTA ) � SS. COUNTY OF RAMS•EY ) . On this RQ i� day of �Jp U�M�'�72_ , 19�_, before me, a notary public within a�d Eor said County, personally appeared f#fyNS ��"✓1/�`'� to me personally known, who, being by me duly sworn, did s�y cha[ he is tt�e �R�ET��n(l of E�t�TR�CI (-�C-..�-'i tti1 C� 1�cJ��C�,�y'�(r-nT� Company, a corpora tion, named in the foregoing instrument, and that the seal aEEixed to said iastrument is the corporate seal of s�id corporation, and that said instrumen[ was sigaed and sealed in behalf of said cor�oration t>y :�uthority oE its Board of nirectors a�d said ��?�S �p�/! acknawled�ed sa�_d ins[rument to be the free act and deed of said corporation. _... .: . ,,....,.y � 1�� - , _s ��.��,��. •� G��l. ., �„ : Notary Pub c, y, Minneso a ... . � �9 ; ,� / 'j�� ......�.!'� o.`�:;'J'.✓ �,.,,;,r�.�J �/��//V �%?L-jy / My cog�missto� expires �,c�G 5 T� �- . 17�� , _ � ��a� � � � , Ci.nTIFICATF. OF INTF.NDF.D NON-USE . 1�te . � � THE HONORABLE MAYOR AND MF.MBERS OF THE COUNCIL OF THE . - CITY Ok SAI�T PAtIL . The undersigned hereby certify that Chey do no in[end to exercise their ' utility easement ri�hCs in the followinq described real[y: All that part of East Seventh Place (formerly East Seventh Street) lying between the nortHerly extensions `of the southwesterly and northeasterly lines of Block 6, City of St. Paul, commonly referred to as St. Paul Proper. - �� i2� � �!(,J , nepartment or Cvmpa�y ��. I ts -- � ---- Company Seal � Sign ure STATE OF MINNGSOTA ) � ) ss. L��C�!-{j covrrrY o� �r ) �� /� On this � day of�Lc�-c�--F--->-r--�t-�=-� , 19��/ , before me, a notary public within a�d Eor said County, personally appeared �. � s� !�")/��I� to me personally known, who, being by me duly sworn, did say tha t hr is the OPC��17�?U�J 5 1'� ��-Nf4 �3[. K'- of �C��S�T��t� (_'/vI G/'v �LE.. ��-'fli`�� Company, a corporation, named in the foregoing instrument, and [tiat the seal aEfixed to said instrument is the corporate seal o£ said corporation, and th�t said instrument was signed and sealed in hehalf of said corpor<�tion t>y �utl�ority of its Bonrd of Directors and said ack�c�wied�ed s�i.<i i.ns[rument to be the free act and deed of said corporation. .nn-.nnnnnnnnnnnnnn�nn.vvv�n.v�nnnnnrn� - �/ �,ll.- �{?.R_ • �Lc-'`f�'t--r-�-E�� 5��°�•: fU'.THLEEPd B.S4�+1�F.HART ` � �s��:�NOTARY PUBL!C-MI��h1ESOTA N ary Public, Ramsey County, Minnesota 4��' �UR{GHT COU;•iTY My Commi:�ion�xpiresJuty23,1988 � My commission expires � - �-�- � � y vwwwvv+�nnn�wvw r