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99-754Return copy to: Real Estate Division 140 City Aall ORIGINAL Presented By Referred 1'0 Council File # 3g-� 5ti} Green Sheet # �e3� � � R�so�uTioN CITY OF SAINT PAUL, MINNESOTA 4s Coromittee: Date 1 BE IT RESOLVED, that, upon ihe petition of the City of Saint Paul on behalf of the Department of 2 Public Works, as documented in Finance Department File Number 7-1999, public proper[ies hereinafter 3 described are hereby vacated and discontinued as public property and, subject to the herein stated 4 exceptions, the easements within those public properties aze hereby released. 5 The property to be vacated is described as follows: 6 All that part of Johnson Parkway lying North of East Magnolia Avenue and South of Prosperity 7 Avenue described as follows: 8 Commencing at the intersection of the north line of East Magnolia Avenue with the east line of 9 Prosperity Avenue, vacated in Council File nuxnber 84-402 and document number 2224803; 10 theace South 89 degrees 54 minutes 16 seconds West, assumed bearing, on the north line of East 11 Magnolia Avenue 49.84 feet, to the west line of a 35 foot wide sanitary sewer easement, as per 12 document number 2224803; thence North 13 degrees 51 minutes 18 seconds West, along said 13 west line of the 35 foot wide sanitary sewer easement, 37.74 feet, to the point of beginning; 14 thence continue along said west line, North 13 degrees 51 minutes 18 seconds West 82.88 feet; 15 thence norkheasterly along a non-tangential curve, concave to the southeast, hauing a chord 16 bearing North 10 degrees 49 minutes 39 seconds East, a chord distance of 115.95 feet , a radius 17 of 6�5.00 feet and a central angle of 10 degrees 59 minutes 42 seconds, for an arc distance of 18 116.10 feet to the east line of vacated Prosperity Avenue; thence North 13 degrees 51 minutes 18 19 seconds West 32.98 feet along said east line, to the southeasterly line of Prosperity Avenue; 20 thence North 34 degrees 43 minutes 42 seconds East 1918 feet, along said southeasterly line of 21 Prosperity Avenue; thence South 48 degrees 21 minutes 46 seconds West 140.99 feet; thence 22 South 41 degrees 27 minutes 06 seconds East 41.76 feet; thence on a tangential curve, concave to 23 the southwest, having a radius of 413.08 feet, and a central angle of 19 degrees 13 minutes 15 24 seconds, for an azc distance of 138.58 feet to the west line of said sanitary sewer easement, the 25 point of beginning. 26 This vacation shall be subject to the terms and condition of Chapter 130, codified Much 1, 1981, of the 27 Saint Paul I.egislative Code as amended, and to the following conditions: 28 1. That a permanent utility easement sha11 be retained on, over, under and across the vacated azea on 29 behalf of the City of Saint Paul, Department of Public Works to reserve the right of the City to 30 maintain and operate any sewer in or upon said easement and to enter upon said easement or any 31 portion thereof at any time and from time to time, for the purposes of future construction, 32 reconstruction, inspecting, maintaining or repairing the same or any part thereo£ Said utility 33 easement shall be subject to the following conditions: qq -�s y ] a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any 2 other objects that will prohibit normal access to utiliry facilities for maintenance purposes 3 will be permitted within the easement azea. 4 b. Improvements in or upon the above described easement that do not prohibit the City from S exercising its reserved rights may be allowed by obtaining written permission from the 6 Department of Public Works Sewer Division with the understanding that the restoration 7 and costs of such unprovements shall be the sole responsibility of the petitioner, its 8 successors and assigns in the event the Ciry exercises its reserved easement rights. 9 c. No change from the existing grade within the easement area will be pernutted without 10 written permission from the Department of Public Works. 11 d. No change in surfacing within the easement azea will be pernutted without written 12 pernussion from the Depar[ment of Public Works. 13 14 15 16 17 18 19 2. 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 3. 35 e. 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 petiUOner, its employees, agents, or business invitees. That a permanent utility easement shall be retained within the vacated azea on behalf of the City of Saint Paul, Board of Water Comsnissioners subject to the following restrictions: a. No buildings, structures, trees or any temporary structure, material storage, ffxture, or other object that will prohibit noimal access to water facilities for maintenance purposes will be permitted within the easement aYea,. � c. No change from the existing grade will be permitted without written permission from the Water Utility, No change in surfacing within the easement area will be pernutted without written permission from the Water Utiliry. d. The petitioner, its successors and assigns shall fully indemnify, defend and save harmiess the Boazd of Water Cominissioners, its officers, agents, employees, and servants from all suits, action ar claims which sha11 atise from any injuries or damages received or sustained by any break in any service pipe, water main, or connection in said reserved easement, azising out of or resulfing from any action or negligence of the petitioner, its employees, agents or business invitees. That a permanent utility easement shall be retained wittun the vacated area to protect the interest of Northern States Power Company. 36 4. That, with the accompanying Utility Easement Certificates of Intended Non-Use, filed 37 voluntarily on behalf of U.S. West Communications, Incorporated, District Energy St. Paul, 38 Incorporated, MCI Metro Incorporated and MediaOne, made a part hereof by this reference and 39 filed in the office of the City Clerk of Saint Paul, the City, for itself and on behalf of these 40 corporations and departrnents, waives the right to the utility easements in the vacated azea 41 described above. qq'�S`� 1 5. That the petitioners, their successors and assib s shall, within 60 days of the effective date of this 2 resolution, file with the City Cierk an acceptance in writing of the conditions of this resolution 3 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in 4 ali respects with these terms and conditions. 5 BE IT FURTFIER RESOLVED, that, as provided in paragraph 5. of the development agreement 6 between Jerry's Enterprises, Inc. and the City of Saint Paul dated November 3, 1998, the proper City 7 officials are hereby authorized and directed to convey to the said Jerry's finterprises , Inc., by quit claim 8 deed, tifle to the properties hereby vacated. 9 BE IT FUR1'I�R RESOLVED, that, as provided in Paragraph 13A1.1. of the City Charter, the 10 Department of Public Works shall reimburse the Department of Pazks and Recreation for that part of the 11 properry hereby vacated and conveyed, approximately 2,383 square feet, that was originally acquired for 12 Park Purposes. Reimbursement shall be in the amount of $5,400.00, fair market value as established by 13 independent appraisal. ORIGINAt Adopted by Council: Date Requested by Department of: Technoloav & Mana�ement Services By: ��-e:LtXiJ� �ry�� rector Form Approved by City Attomey By . �.r,Z,L/�/,�,,,e_ 7_�r,g� Adoptio Certi ied by Council Sec�tary ' By: J— . Approved y M�yor for missio to ouncil Approved or: ate a, t° By: By. .�s T.M.S./REAL ESTATE DIVISION Date. July 12,1999 Green Sheet Number: 63771 ontact Person and PLone Nmi6er. 2 FFARTl� D �. 4 C11Y COUNCII. Peter White �$SQ �� 1 ITYATTORNEY TfYCIFR% DIRECTOR FFICEOFFINANC7ALSVCS. ��: AUGUST4 3 y�<�� OTAL # OF SIGNAT[IRE PAGE5 1(CLIP ALL IACAITONS FOR SIGl�iATURE) CTION REQUESTED: To varate pnb&c lands, formerly part of Johnson Parkway and Prosperity Avenue, to rnnvey title to said lands to Jerry's Enterprises, Inc., and to direct the Depardment of Public Works to re�burse the Depardne� of Parks and Recreation for that part of the said lands that was acquired for Parkway. Ref: 1. Resolution for consideration; 2. Petition to vacate; 3. Map showing area to be vacated. 4. Copy of developme� agreeme�. 5. Certificates oF Intended Non-Use. OMI�ATIONS: A�ROVE i� ORRE7ECT PU ERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING: .HaslhepexsoNBrmeverwoxkedmderaconhactforshisdepartmcnt? YES NO el.nrm�mvccoauf�sstoct pj s'rnHa � Has t6� personl8rm ever bcen a CYIy employee? YES NO a Vll, 36RV[C6 COMFIISSLON . Dces this pe�son/8�m P�e%q a slo"�aoimnnaDy pos.vessed by any YES NO <unwa� c5ry empioyeey CB COM6�71EE EijdA3¢ eHYE5 A➢SW ¢ts OL a 8¢pai9tC 3hEeS e� attech. IIPPORTS WffiCH COUNCII. B.�!1`]t UNCII, WARp(S) 2 .. DI51'RIGT PI,An'NING COUNCIL 6 TIAFG PROBI.EM, I5SilE, OPPOR'1'UN1TY (WLq Whay R'hen, Wperei Why?): The City had entered into a development agreement that required the conveyance of the pmperty to Jerry's E�rterprises, Inc. : VANTAGESIFAPPROVED: Tlte City will be in compliance with the development ��- �� 1999 agreetuent. REAL ESTAi� D(�f�IQ�' THE COUNCIL HEARING ON TSADVANTAGESIFAPPROVED: THIS MATTER IS SET FOR None rsanvan�rac�s�xararrxo�n: AUGUST 4 1999 The City wiIl not be in rnmpliance with the development agreement. OTALAMOI7N'IOFT'RANSAC7TON: � � COSTfREVENIJEBI7DGETED(CIILCLEONE) YF,S NO n`re s°�c�: N/A ac''n'i''r �Ex: N/A CIAL INFORMe1TION: (EXPLAIN) Rese�rch �n As JUl 2 1 1g99 � Department of Technology and Management Services Real Estate Division 140 Ciry Hall Saint Paul, MN 55102 CITY OF SAINT PAUL Norm Coleman, Mayor July 9, 1999 To the Honorable Members of the Council of the City of Saint Paul The City of Saint Paul hereby petitions to vacate the following City right-of-way: Phone: (651)266-8850 Fax: (651) 266-8855 `�`l-'7 S�{ All that part of 3ohnson Pazkway lying North of East Magnolia Avenue and South of Prosperiry Avenue described as follows: Commencing at the intersection of the north line of East Magnolia Avenue with the east line of Prosperity Avenue, vacated in Council File number 84-402 and document number 2224803; thence South 89 degrees 54 minutes 16 seconds West, assumed bearing, on the north line of East Magnolia Avenue 49.84 feet, to the west line of a 35 foot wide sanitary sewer easement, as per document number 222�}803; thence North 13 degrees 51 minutes 18 seconds West, along said west line of the 35 foot wide sanitary sewer easement, 37.74 feet, to the point of beginning; thence continue along said west line, North 13 degrees 51 minutes 18 seconds West 82.88 feet; thence northeasterly along a non-tangential curve, concave to the southeast, having a chord bearing North 10 degrees 49 minutes 39 seconds East, a chord distance of ll5.95 feet , a radius of 605.00 feet and a central angle of 10 degrees 59 minutes 42 seconds, for an arc distance of 116.10 feet to the east line of vacated Prosperity Avenue; thence North 13 degrees 51 minutes 18 seconds West 32.98 feet along said east line, to the southeasterly line of Prosperiry Avenue; thence North 34 degrees 43 minutes 42 seconds East 19.18 feet, atong said southeasterly line of Prosperity Avenue; thence South 48 degrees 21 minutes 46 seconds West 140.99 feet; thence South 41 degrees 27 minutes 06 seconds East 41.76 feet; thence on a tangenrial curve, concave to the southwest, having a radius of 413.08 feet, and a central angle of 19 degrees 13 minutes 15 seconds, for an arc distance of 138.58 feet to the west line of said sanitary sewer easement, the point of beginning. See attached map. The purpose of this vacation is to honor an agreement that obligated the City to convey to Jerry's Enterprises, Inc. the property to be vacated. CTTY OF St1INT PAUL STATE OF MINNESOTA ) By Vt �� ) ss. Mayor COUNTY OF RAMSEY ) The foregoing ins was aclmowledged before me this � �L �" day of � i�hl..� , 1999 by SuS�,� �;, m r�t�� Mayor of the City of Saint Paul, municipal cozporation under the laws of the State of Minnesota. M If JEAN R. KARPE � � �Y �� NOTARYPUBUC MINNESOTA � �� ` ,>, �� '^=' MY Cwnm Expves Jan 31, 2000 Notary Public �`� � 0 � � aq-ns�l Interdepartmental Memorandum CITY OF SAINT PAUL sss� � � �nr To: All Council ��bers From: Peter White � �� Right of Way Bngineer 140 City Hall Date: July 13, 1999 �t��e� �i,�„ '�a��t�e��aca�iir��?F�r��99�^,� �'.�'s �.... n...., �.. ,_�.m. �� ,:, I recommend a public hearing before the City Council be held on ��#- �99?�; The purpose of this heazing is to consider a petition to vacate a part of Johnson Pazkway lying northerly of Magnolia Avenue and southerly of Prosperity Avenue. This property is located in City Council District �, Planning District &o The subject petition is in proper form and has been signed by the requisite number of property owners. cc: Shari Moore (799date) . .. - DEVELOP?�1ENT AGREE?�4ENT �� `� sy THIS DEVELOPA4ENT AGREE'�1ENT is made and entered into this �G�Y11'1'�t/ 3 1998 by and bzi�i 3ERRY'S ENTERPRISES, II�C., a A�innesota corporation (°Jeny's') and ?HE CITY OF SAI\T PAL (`City'). RECITALS A. On June 27, 1997, Jerry`s, City and the Housing and Rede��elopment Authority of the City of Saint Paul, A4innesota (the "HRA") entered into a Purchase A�reement (the "Purchase Agreemenr') by «�hich Jerry's a�reed to sell to the HRA an approximately 21 J acre ponion (the `HRA Site") of the Phalen Shopping Center ("Phalen Center'). Jzrry's has con��e}�ed the HRA Site to the HRA by Limited WaiTanty Deed dated June 27, 1997. B. As a part of the consideration for the sale of the HRA Site and in connection �a�ith construction of the Ames Lake VJetiand, the City agreed to construct a reali�ned Prosperity Avenue and perform other work for the benefit of both the HRA Site and the balance of Phalen Center all in accordance with Paragraph 7(a) of the Purchase Agreement. C. The City has prepared and Jerry's has revie�t>ed and commented on the Plans and Specifications for Phalen Village Public Improvements, City Project 98-P-1163, last dated August 3, 1998 (the "City Plans"}. D. Jerry's and the City now desire to memorialize their agreement on the development work to be performed by the City for the benefit of Phalen Center. NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and agreements contained herein, Jerry's and the City hereby agree as follows: 1.) Prooerty Develooment - The City agrees to construct, perform and install all improvements described in the City Plans as modified by the Phalen Village Development Plan prepared on behalf of Jerry's by Ingraham & Associates last dated October 20, 1998 (the "Jerry's Development Plan") and in accordance r�7th the provisions of this Development Agreemeni (the work to.l�e performed in accordance with the City Plans, the Jerry's Development Plan and this Development Agreement is referred to herein as the "�T��ork"). The cost of the Work (except as specifically provided herein) shall be paid entirely by the City and shall not be assessed in whole or in part, a�ainst Phalen Center. 2.) Curb Cuts -The City shall construct the curb cuts from Prosperity Avenue and CIarence Avenue to the "Shopping Center" and the "Northerly Commercial Lots" as shown on the Jerry's Development Plan. The City Plans for the Work, including curb cuts, planting, �.�.-'�S'� li�htin�, utility and other construction shall be re��ised to reflect the chan�es sho�a•n in the Jen}�'s. Development Plan by No� zmber 30, 1998. Tl�e \�'ork, including curb cuts, lighting, utility and other construction shall be completed on or before September 24, 1999. The City shaIl comp]ete all planting including boule��azd trees on or before i�'o��ember 1, 1999 and complete u�etland area planting on or before June 15, 2000. Jerry's shall be pennitted to construct, at 3erry's expense, curb cuts from A�agnolia A��enue to pro��ide dri�•e�;�ay access at the south��est azld southeast comers of the Shopping Center. Jeny's shall also be pemiitted to construct, at Jerry's eapense, firture curb cuts on Rose A�•enue at ti�e ]ocation sl�o�zn on the Jerry's De��elopment Plan. The ��ork shall be perfonned in conjunction ��ith the submission of an appro��ed sketch plan. Jerr;�'s shall be permitted to retain the ezisting curb cuts and access to the l�endy's parcel. 3.) Prosnerih� A��enue Left Tum Lane - In addition to the northbound and southbound median cuts and left turn lanes sho« in the City Plans, the City shall construct a full access median cut and lef[ tum lane for traffic dzsirin� to tum lefr into the I�'ortherly Commercial Lots at an appro�imate station point of 7+ I� as sho«n on the Jerry's Development Plan. Said full access median cut and left tum lane is to b� desianed to allow fu11 northbound and southbound turning movements at tl�at location. The iu11 access median cut and left tum lane shall be completed by September 2�, 1999. 4.) Pvlon Sien - Jzrry's shall remo�•e the existin� shopping center pylon sien o�aled by Jerry's which is located in the Prosperity A��enue right-of-way at station point 6+ 25 at no cost to the City. Removal of the sien shall be completed by September l, 1999. 5.} Johnson Avenue Turnback - On or before September 24, 1999, the City shatl convey to Jerry's by deed flie portion of the former Johnson Avenue right-of-way sho�m on the Jerry's Development plan. 6.) Slope Easements - The City shall amend the slope easements as shown on City Map PV 1000 by February 11, 1999 to limit the azea covered by the siope easements to the actual as-built azea in the Northerly Commercial Lots used for slopes beriveen the retaining ��a11 and the Prosperity Avenue right-of-�i�ay. 7.) Commercial Lots Site Work - The parties intend that the Work on the Northerly Commercial Lots is to fill and grade such properiy in a manner as shown on the Jerry's Development Plan and to reduce the extent of slope easements associated wnth construction of Prosperity Avenue and to allow the land to be in a condition suitable for economic de��elopment by Jerry's. The Work to be performed by the City on the Northerly Commercial Lots described above shall include: (a) Removai of trees, clearing and grubbin� of the Northerly Commercial Lots, excluding the Wendy's pazcel, by December 1 l, 1998 in prepazation for filling and grading; (b) Removal of existing asphalt paving by December 11, 1998 as needed to grade and fill the Northerly Commercial Lots; 2. c��-�1s� (c) Installation of fill on and roueh grading (��ithin one (1) foot of the contours sho�jn- on the Jerry's De�•e]opment Plan) of the I�TOnherly Commercial Lots by December 11, 1998 to obtain tl�e mazimum slopes as sho��n on the Jerry's Deeelopulent Plan. Acceptable fill material shall meet the criteria contained in the pro}ect maimal prepared as a part of the City Plzns. Fine gradin� shall be completed by June 1�, 1999; (d) Seed the 2�'ortherly Conunercial Lots (except for the improti�ed portion of the ��endy's parcel) by September 2°�, 1999 as specified in the project manual; and (e) Installation of sanitary and storm se��er stubs in accordance ��ith the City Plans. Jerry's shall contract for and install retaining «�aTls as needed to create the required s]opes on the I�iortherly Commercial Lots. The City shz11 promptly reimburse Jerry's for the first Ten Thousand and no/100 Doliars (510 of the cost of retaining u�all installation. The CSty and Jerry's shall coordinate installation of fiil and the retainin� �*��alls to minimize cost and a��oid duplication of work. 8.) Oneoina Susiness Operations - The City acl:nowied�es that Jeny's �i>ill continue to operate its retail grocery business from a ponion of Shopping Center and, as such, the City a�rees that all work to be performed on the Shopping Center shall be done in such a manner as to minimize interference with 2rocery store customers and employees and to permit and maintain access at all times during construction to the Shopping Center in a manner commensurate with that required for ongoing commercial use. 9.) Future Tumback Parcel - The parties acknowledge that they City Plans and the 7erry's Development Plan do not contemplate road modifications to existing Prosperity Avenue at the Ciarence Street and Rose Avenue intersections. However, the City agrees that when road construction is completed at those locations, the City shall convey to Jerry's by deed that portion of the Prosperity Avenue right-of-way desigiated as "Tumback Area" on the Jerry's Development Pian. 10.) Purchase Aereement Ratification - Except as specifically modified by this Development Agreement, the City and Jerry's ratify and affirm the development provisions of Paragraph 7 contained in the Purchase Aezeement. Jerry's hereby extends the August 31, 1998 deadline for completion of work contained in Pazagraph 7(a) of the Purchase Agreement to the respective dates for completion of the Work contained herein provided the City timely performs each of its obligations under this Development Agreement. Jerry's expressly reserves any claim it may have against the City for failure to timely perform its obligations under the Purchase Agreement if the City fails to complete the Work in the manner and at the times required hereby. I 1.) Indemnification - Each party shall indemnify and hold harmless the other from claims or demands which arise out of the performance of the Work by the indemnifying parry or its contractors, subcontractors, employees or agents. 12.) Notices - Any notice required or permitted to be given hereunder shall be given in the manner required by Paragraph 11 of the Purchase Agreement. � �°� -1 S''� 13.) Controllins Law - This De�•elopment Agreement has been made under, and ��ill be interpreted and controlled by, the la�•s of the State of Minnesota. 14.) Assi2nment - The City may not assign its obli�ations under this Aevelopment Agreement without the prior w�ritten consent of 3erry's. 1�.) Bindine Effect - This De��elopment A�reement binds and benefits the City and Jerry's and their respecti��e successors and assi2ns. P�I WITI�TESS \�'HEREOF, City znd Jei�y's have e�ecuted this De��elopment Agreemer.t as of the day and }'ear first above «ritten. . JERRY' S: JERRY'S ENTERPRISES, INC. By: , Its: P 'd CITY: CITY OF SAINT PAUL Approved as to form: ��s� � �� Assistant City Attorney � & Management Services 0434835.01 � B �---r� �� s Direc or, Department of Finance ��. � , . � i � � � � � � m . � r. � � �a a`� i �� c�_�S� D � m n -i O W m < a � � m v -i � � � � m Z 0 � � cc co ,. �� - CERTIFICATE OF INTENDED NON-USE � r� S� THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CPI`Y OF SAINI' PAUL In the Matter of Vacation File # 7-1999 The undersigned hereby certifies, on behalf of the indicated department or company, that it does not intend to exercise its utility rights in the realty described below: that part of Johnson Parkway lying southerty of Prosperity Avenue and northerly of Magnolia Avenue, as shown on the attached map and as described on Attachment "A", also attached. exceptasherenoted: `�� (�,}�� j� Q�� I� —�'G1,1S �(��'�IQY� � US West Communications Its /`��,.lC �ro�c�-�� s^�a.,,,� � � COiUkallO > nxnrn�oa ) >�'cc"` �� --�"'" — a Signature Thefoxegoinginsttvmentwasacknowledgedbefotemethis �� dayof L��Pi / , 199�9 b / lrilfr� �TO �� .the V I�"� ��'WtCt^�L G� of � S LJc.°5� ' �.... w ,�i��s�S�°,`a Ge(of� C�t�O under the laws of the Siat` .. �vr' . 0 _*.� Np7Aqy Notary li, a ahoe oun , olorado. _ ' �►�! • � � • � N ' p(/B�„�G :OQ` My caxnmission expires � `�' �/ `. ':�T.o' • ::wp: ** Please retur"f��,},�, „�� inal copy to 140 City Hall, St. Paul, MN 55102 ** My Commission Facpisea Oct 12 2902 , c��_�S`f TMS F��E No. 7-1999 ExH�BIT "A" All that part of Johnson Parkway lying North of East Magnolia Avenue and South of Prosperity Avenue described as follows: Commencing at the intersection of the north line of East Magnolia Avenue with the east line of Prosperity Avenue, vacated in Council File number 84-402 and document number 2224803; thence South 89 degrees 54 minutes 16 seconds West, assumed bearing, on the north iine of East Magnolia Avenue 49.84 feet, to the west line of a 35 foot wide sanitary sewer easement, as per document number 2224803; thence North 13 degrees 51 minutes 18 seconds West, along said west line of the 35 foot wide sanitary sewer easement, 37.74 feet, to the point of beginning; thence continue along said west line, North 13 degrees 51 minutes 18 seconds West 80.90 feet; thence North 10 degrees 49 minutes 39 seconds East 115.95 feet to the east line of vacated Prosperity Avenue; thence North 13 degrees 51 minutes 18 seconds West 32.98 feet along said east line, to the southeasterly line of Prosperity Avenue; thence North 34 degrees 43 minutes 42 seconds East 19.18 feet, alone, said southeasterly line of Prosperity Avenue; thence South 48 degrees 21 minutes 46 seconds West 140.99 feer, thence South 41 degrees 27 minutes 06 seconds East 41.76 feet; thence on a tangential curve, concave to the southwest, having a radius of 413.08 feet, and a central angle of 19 degrees 13 minutes 15 seconds, for an arc distance of 138.58 feet to the west line of said sanitary sewer easemen[, the point of be;inning. a •' �� CERTIFICATE OF INTENDED NON-USE . G�c�'2 S �j THE HONORABLE MAYOR AND MEMBERS RECEIVED oF � courrc�. oF � MAY fl 7 lggg ��e Matter of CITY OF SAINT PAUL Vacauon File # 7-1999 REAL ES7ATf DIVISN3N The undersigned hereby certifies, on behalf of the indicated department or company, that it does not intend to exercise its utility rights in the realty described below: that part of Johnson Parkway lying southerly of Prosperity Avenue and northerly of Magnolia Avenue, as shown on the attached map and as described on Attachment "A", also attached. except as here noted: `(� (i �'l� Northern States Power Co. �- -. MINNESOT3 � r, i�b�/ > Signature HENNEPIN � The foiegoing iustrument was acimowledged befoie me tivs 5 th day of �3' 199yG b Vera o y Northern States Power Company under the laws of the State of iVIinnesota 5 �� MARGARET RA. MAfiHS � 3 > NOTARYPI�tJC-ApNNESOtA 2 AA' Camm'ssion fxp'aes Jan. 31. �70 �+ n real estate representative Plinnesota �py�.yy,� F' ** Please return this original copy to 140 City Hall, St. Pau{, MN 55102 "* ��`�� TMS F►�E No. 7-1999 ExH�stT "A" A11 that part of Johnson Parkway lying North of East Magnolia Avenue and South of Prosperity Avenue described as follows: Commencing at the intersection of the north line of East Magnolia Avenue with the east line of Prosperiry Avenue, vacated in Council File number 84-402 and document number 2224803; thence Souih 89 degrees 54 minutes 16 seconds West, assumed 'oearing, on tne nonh une of East Magnolia Avenue 49.84 feet, to the west line of a 35 foot wide sanitary sewer easement, as per document number 2224803; thence North 13 degrees 51 minutes 18 seconds West, along said west line of the 35 foot wide sanitary sewer easement, 37.74 feet, to the point of beginning; thence continue along said west line, North 13 degrees 51 minutes 18 seconds West 80.90 feet; thence North 10 degrees 49 minutes 39 seconds East 115.95 feet to the east line of vacated Prosperity Avenue; thence North 13 degrees 51 minutes 18 seconds West 32.98 feet along said east line, to the southeasterly line of Prosperity Avenue; thence North 34 degrees 43 minntes 42 seconds East 19.18 feet, alone, said southeasterly line of Prosperity Avenue; thence South 48 degrees 2: :.:�:,ntes 45 seco.,ds �Jest .4�.47 feei; ihence South 41 degrees 27 minutes 06 seconds East 41.76 feet; thence on a tangential curve, concave to the southwest, having a radius of 413.08 feet, and a central angle of 19 degrees 13 minutes 15 seconds, for an azc distance of 138.58 feet to the west line of said sanitary sewer easement, ffie point of beginning. � CERTIFICATE OF INTENDED NON-USE _ - �� iS �( THE HONORABLE MAYOR AND MEMBERS OF THE COi3NCII, OF THE In the Matter of C1TY OF SAINT PAi3L Vacation File # 7-1999 The undersigned hereby certifies, on behalf of the indicated depamnent or company that it does not intend to exercise its utility rights in the realty described below: that part of Johnson Parkway lying southerly of Prosperity Avenue and northerly of Magnolia Avenue, as shown on the attached map and as described on Attachment "A", also attached. except as here noted: The Water Utility DOES intend to exercise its utility rights in that part of Johnson Parkway lying southerly of Prosperity Avenue and northerly of Magnolia Avenue and as described in Exhibit "A". Water Utility Bernie R. Bullert ItS General Manager MINNESOTA RAMSEY > �,�� > Signature ) The foiegoing instcument was aclmowledged befoie me tivs 16 th day of ApTll , 8Q@$ by Bernie R. Bullert �, General ManaQer o p the Saint Paul Water Utility , municipal corporation of the Cit� of Saint Paul under the laws of the Sta[e of btinnesota. x . �. SHIRLEYA.JONES <= NOTARY PU9LIC-HINNES�TA Z RAMSEYCOUN'R' � My Comm. Expf�es Sen. 31, 2000 A�YV�NVWWW`/WWVVWVVWWWWVW • ** Please return this original copy to 140 City Hall, St. Paul, MN 55102 " * ,. �[q _� TMS F��E No. 7-1999 EXHIBIT "A" All that part of Johnson Parkway lying North of East Magnolia Avenue and South of Prosperity Avenue described as follows: Commencing at the intersection of the north line of East Magnolia Avenue with the east line of Prosperity Avenue, vacated in Council File number 84-402 and document number 2224803; thence South 89 degrees 54 minutes 16 seconds West, assumed bearing, on the north line of East Magnolia Avenue 49.84 feet, to the west line of a 35 foot wide sanitary sewer easement, as per document number 2224803; thence North 13 degrees 51 minutes 18 seconds West, along said west line of the 35 foot wide sanitary sewer easement, 37.74 feet, to the point of beginning; thence continue along said west line, North 13 degrees S1 minutes 18 seconds West 80.90 feet; thence North 10 degrees 49 minutes 39 seconds East 115.95 feet to the east line of vacated Prosperity Avenue; thence North 13 degrees 51 minutes 18 seconds West 32.98 feet along said east line, to the southeasterly line of Prosperity Avenue; thence North 34 degrees 43 minutes 42 seconds East 19.18 feet, alone, said southeasterly line of Prosperity Avenue; thence South 48 degrees 21 minutes 46 seconds West 140.99 feet; thence South 41 degrees 27 minutes 06 seconds East 41.76 feet; thence on a tangential curve, concave to the southwest, having a radius of 413.08 feet, and a central angle of 19 degrees 13 minutes 15 seconds, for an arc distance of 138.58 feet to the west line of said sanitary sewer easement, the point of beginning. � � r' a � U Q O � Z W W m J O LL f" N � � Q �� d � � 3 � � � � �� ,�� 4' 6'• �� `Yl � � 0� > Q Q� �' � -�-' � � n� � Q �n o d � W � v a�v � � �,p�° 1 o�ti'�� S / �\�� i �� ' I / � e � V d O � � � � -, d � S -!-' -!-' � � O d zw N � �� ? Y 31 �. � � d cj��' �o- e � � �- u� � � � �o-� Q o-�� o'� �� o� i � `i . N .. . . � . 6� . " . Z O� " W �"�5�=- �, � � - �� , � q s � - Q . ' _ _ " J � �a - _ ` � - S _ ,.. �, a '° � -- o �i � - � - Q ` � '='; �— - 01`,�� :� `. w-. i: : _ y , . . � . ' _ - � " . . v��E LL- . V;. - � . -' _ - s O _:. ,... � `_ - . " �i`:i �r - - ' : . u; ';,;: ASB.99 - � . �.'. , _ � � .. �O - _ . . - - •F -., � _ � � OZf � �` ��' �9'091 ._..__._._.,._. .-- — -------.___...._..___w,____. __. _ .�_,� _..., .. . � bZ J • _ ' - �; ' � � ,. , _ ..., _, \. - -� . .: - ;�;' o � `�\"`,^ '_ .. 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S ..� . �.._�_._ � �� p � �... ~`. �'•..,t. •w.-.__._ ag _ .___`�__._._____.. f, _.._..... . : ! � N v l� ` �s��.�g� �,� f''�._ / ' � ' 3Ad VI�ON+JVW 3 �V-�4£#'_" , , y �� ` ' � �_.� ______— ;�,.:_ �'v ��8,. .. ��ry�° e� v � 19 • �'+,� , s1 3 5g ...--•" _ " m . -^� C ' �c��;� J� 6 £'Sll - �y0.6a � _��M� V Q n N '°� ��""''.. •. _ ""�" �- ..... , 3� !r � � � �'�- 1 �• �, M9 �'._9 r*� ' V � � � � F.,.�s�w � .._ ' . - 1 dh ! > � . 0 a � N N �� i �- -_ a '� l , O � � . � � ' V � a � �' Q , , � \ � � � ` � � Q� q ti : ' . - � \ 1 \. � - , � U '� � � Q '� � y p a m �.° ; m • , , � � � �� n � � h � % S � �� ' °�- i � a�a� rr •a � � _ � I � •a . _, � �� CERTIFIGATE OF INTENDED NON-USE �t`� TI�E HONORABLE MAYOR AND MEMBERS OF THE COUNCIL, OF THE Tn the Matter of CIT1' OF SAINT PAUL Vacarion File # 7-1999 The undersigned hereby certifies, on behalf of the indicated department or company, that it does not intend to exercise its utility rights in the realty described below: that part of Johnson Parkway lying southerly of Prosperity Avenue and northerly of Magnolia Avenue, as shown on the attached map and as described on Attachment "A", also attached. except as here noted: „ �'vZ �vL � � Ah� w2 �� '1�2G c� (��tJ� ' c�t�'..i �5. N.S.P. - Gas Distribution $r� �, - ('-f� c 4 �c Its �ct5 � : � r . MIlVnES4T_A RAMSEY The S by of ) > ) F � ' as f �c tti.sc ��,, c�.. -4(� 5 �U'J /r:d r �� `� � C� C� T"c i � ti �� /�7 C e G-_� �- Signature was aclmowledged before me this �( day of 1''a ✓G � — � C..� .fI1C � . ✓( f�'Z (! a C +JA C� undzr the ]aws of the S[ate of Minnesota. My commission expues !/�� C� O �a o O N N Q ? � � � � Z ' 0 W— j��w� L>`E x =. � *" Please return this original copy to 140 City Hall, St. Paul, MN 55102 ** ., _� : . °C`l -�-5`� TMS Ft�� No. 7-1999 EXHIBIT "A" All that part of 3ohnson Parkway lying North of East Magnolia Avenue and South of Prosperity Avenue described as follows: Commencing at the intersection of the north line of East Magnolia Avenue with the east line of Prosperity Avenue, vacated in Council File number 84-402 and document number 2224803; thence South 89 degrees 54 minutes l6 seconds West, assumed bearing, on the north line of East Magnolia Avenue 49.84 feet, to the west line of a 35 foot wide sanitary sewer easement, as per document number 222�k803; thence North 13 degrees 51 minutes 18 seconds West, along said west line of the 35 foot wide sanitary sewer easement, 37.74 feet to the point of beginning; thence continue along said west line, North 13 degrees 51 minutes 18 seconds West 80.40 feet; thence North 10 degrees 49 minutes 39 seconds East 115.95 feet to the east line of vacated Prosperity Avenue; thence North 13 degrees 51 minutes 18 seconds West 32.98 feet along said east line, to the southeasterly line of Prosperity Avenue; thence North 34 degrees 43 minutes 42 seconds East 19.18 feet, alone, said southeasterly fine of Prosperity Avenue; thence South 48 degrees 21 minutes 46 seconds West 140.99 feet; thence South 41 degrees 27 minutes 06 seconds East 41.76 feet thence on a tangential curve, concave to the southwest, having a radius of 413.08 feet, and a central angle of 19 degrees 13 minutes 15 seconds, for an arc distance of 138.58 feet to the west line of said sanitary sewer easement, the point of beginning. o�i w rn Q r U a o> zW w 00 � o IL F'" N W � �a ._ . �v CERTiFiCATE OF INTENDED NON-USE ��1 _�-� � THE HONORABLE MAYOR AND MEMBERS OF THE C�UNCIL OF THE CITY OF SAINT PAUL In the Matter of Vacation File # 7-1999 The undersigned hereby certifies, on behalf of the indicated department or company, that it does not intend to exercise its utility righrs in the realty described below: that part of Johnson Parkway lying southerly of Prosperity Avenue and northerly of Magnolia Avenue, as shown on the attached map and as described on Attachment "A", also attached. except as here noted: DISTRICT ENERGI' ST. PAUL, INC., AND DISTRICT COOLING ST. PAUL, INC., NAVE NO EQUIPMENT IN THE AREA TO BE VACATED AND HAVE NO OBJECTION T� THE VACATI�N. District Energy and Cooling St. Paul, Inc. ��u��tiesore i > RAMSEY � by of Its (� r i �n-� i� [%� ,�� Signature The foregoing instrument was acknowledged before me this �� ' day of /! 1 G-�'e� , 199�8 5'j`� l�'a+�f[� 1MC � under the laws of [he State of M�nneso[a • �nMMMA/�/�1NMA/�MMAMMAMM�R < TRUCY L. SHERWOOD <: �,., �. 4:;ry°,Kg NQTAAY ^rUELiC-MSNtiESOTA z �y`1„S� WASHING�QNC�UNN 2 My Cemm. Expfres Jan. 31, 2000 • vvwWVVV:. �. �� ww'/vV V V W V VVWVW • ��Q., o�� Notary Public, Ramsey Coun � nesota My commission eapices � 0..� , 3� a O� p ** Please return this original copy to 140 City Hall, St. Paul, MN 55102 ** CERTIFICATE OF fNTENDED NON-USE THE AONORABLE MAYOR ANU MEMBERS OF T`HE COL3NCIL OF T`HE CTI'I' OF SAINT YAUL � � _ � In the Matter of Vacation File # 7-1999 The undersigned herehy certifies, on behalf of the indicated department or company, that it does not intend to exercise its utility rights in the realty described below: that part of Johnson Pazkway lying southerlp of Prosperity Avenue and northerly of Magnolia Avenue, as shown on the attached map and as described on Attachment "A", also attached. except as here noted: MINNESOTA > MediaOne Its C.�C��t,c.�� Signatur D�ota ) � ^ The foregoing ins4vment was aclaowledged before me this �_ day of �� , 199� bY �`Itr/'��/l I .the �L30�`:.nC�D� � W1.v.�L, k0� a under [he laws of the Sfate of Minnesota a � JUf1� }$- 0�2 �prt,ar Ruauc-��wesos� ,pq�psEr couw'c'` Notary Public, Bs as C y, nn ��, �y9een ien. 31. 2000 �Z <„ , y � My commission er.p'ues r I TL� — ��7 fJ � "" Please return this original copy to 140 City Hall, St. Paul, MN 55102 ** V / �.� -�S TMS F��E No. 7-1999 EXHIBIT "A" All that part of Johnson Pazkway lying North of East Magnolia Avenue and South of Prosperity Avenue described as follows: Commencina at the intersection of the north line of East Magnolia Avenue with the east line of Prosperity Avenue, vacated in Council File number 84-402 and document number 2224803; thence South 39 degrees 54 minutes 16 seconds West, assumed bearing, on the north line of East Magnolia Avenue 49.84 feet, to the west line of a 35 foot wide sanitary sewer easement, as per document number 2224803; thence North 13 degrees 51 minutes 18 seconds West, along said west line of the 35 foot wide sanitary sewer easement, 37.74 feet, to the point of beginning; thence continue along said west line, North 13 deg�ees 5] minutes 18 seconds West 80.90 feet; thence North 10 degrees 49 minutes 39 seconds East 115.95 feet to the east line of vacated Prosperity Avenue; thence North 13 degrees 51 minutes 18 seconds West 32.98 feet along said east line, to the southeasterly line of Prosperity Avenue; thence North 34 degrees 43 minutes 42 seconds East 19.18 feet, alone, said southeasterly line of Prosperity Avenue; thence South 48 degrees 21 minutes 46 seconds West 140.99 feet; thence South 41 degrees 2� minutes 06 seconds East 41.76 feet; thence on a tangential curve, concave to the southwest, having a radius of 413.08 feet, and a central angle of l9 degrees 13 minutes 15 seconds, for an azc distance of 138.58 feet to the west line of said sanitary sewer easement, the point of beginning. `�-�1.5 y ST. PAUL CITY COUNCIL ��`=`�cK' ~�zsPar:�a� ca:::�r PUBLIC HEARING IVOTICE ,�JL 1� 1�99 STREET/ALLEY VACATION CrrY Coulvcu. WA� # 2 _ . _ __: PLnNN�rc DrsTTUCT # 6 NANCY ANDERSON COUNCIL RESEARCH 310 CITY HALL PURPOSE PETITIONER HEARING �,E No. 7-1999 TO CONSIDER A PEITTION TO VACATE: Ali that part of Johnson Pukway lying North of East Magnolia Avenue and South of Prosperity Avenue described as follows: Commencing at the intersection of the north line of East Magnolia Avenue with the east line of Prosperity Avenue, vacated in Council File number 84-402 and document number 2224803; thence South 89 degrees 54 minutes 16 seconds West, assumed bearing, on the north line of East Magnolia Avenue 49.84 feet, to the west line of a 35 foot wide sanitary sewer easement, as per document number 2224803; thence North 13 degrees 51 minutes 18 seconds West, along said west line of the 35 foot wide sanitary sewer easement, 31.74 feet, to the point of beginning; thence continue along said west line, North 13 degrees 51 minutes 18 seconds West 82.88 feet; thence northeasterly along a non-tangential curve, concave to the southeast, having a chord bearing North 10 degrees 49 minutes 39 seconds East, a chord distance of 115.95 feet , a radius of 605.00 feet and a central angle of 10 degrees 59 minutes 42 seconds, far an azc distance of 11610 feet to the east line of vacated Prosperity Avenue; thence North 13 degrees 51 minutes 18 seconds West 32.98 feet along said east line, to the southeasterly line of Prosperity Avenue; thence North 34 degrees 43 minutes 42 seconds East 19.18 feet, along said southeasterly line of Prosperity Avenue; thence South 48 degrees 21 minutes 46 seconds West 140.99 feet; thence South 41 degrees 27 minutes 06 seconds East 41.76 feet; thence on a tangential curve, concave to the southwest, having a radius of 413.08 feet, and a cenual angle of 19 degrees 13 minutes 15 seconds, for an arc distance of 138.58 feet to the west line of said sanitary The City of Saint Paul on behalf of the Department of Public Works The Council will conduct a public hearing on this vacation on Wednesday, Au¢ust 4. 1499 in the Council Chambers on the third floor of City Hall. Public Hearings begin at 5:30 P.M. �UESTIONS I Ca11266-8850 and refer to the file number above. City staff will be available unti14:30 in Zp�gg e�osauuiw `�ned �uie� asnoH �ano� - ��eH �!� Ob L tuoo= saainaag;uawa6euew pue I(6o�ouyaal;o •;da— uo�sin�p a�e}s3 �eaa �C 666L `EL �In� :;uas saai�� tpa4�e�1e) db� �c`�`�S� NOTICE OF PUBLIC HEARING Notice is hereby given that the petition of the City of Saint Paul for the vacation of a part of Johnson Parkway lying North of East Magnolia Avenue and South of Prosperity as more fully described on file and on record in the office of the City Clerk of Saint Paul, Minnesota, will be heard and considered by the Saint Paul City Council at a meeting to be held in the Council Chambers on the 3rd floor of City Hall and Court House on the 4th day of August, 1999 at 5:30 P.M. Dated July 13,1999 Shari Moore Deputy City Clerk (July 15, 1999) ir�P'..t�''.'"r,� . ...;;�af>::t'; `.. : .. _,. , J!lL�� { �_._.... Return copy to: Real Estate Division 140 City Aall ORIGINAL Presented By Referred 1'0 Council File # 3g-� 5ti} Green Sheet # �e3� � � R�so�uTioN CITY OF SAINT PAUL, MINNESOTA 4s Coromittee: Date 1 BE IT RESOLVED, that, upon ihe petition of the City of Saint Paul on behalf of the Department of 2 Public Works, as documented in Finance Department File Number 7-1999, public proper[ies hereinafter 3 described are hereby vacated and discontinued as public property and, subject to the herein stated 4 exceptions, the easements within those public properties aze hereby released. 5 The property to be vacated is described as follows: 6 All that part of Johnson Parkway lying North of East Magnolia Avenue and South of Prosperity 7 Avenue described as follows: 8 Commencing at the intersection of the north line of East Magnolia Avenue with the east line of 9 Prosperity Avenue, vacated in Council File nuxnber 84-402 and document number 2224803; 10 theace South 89 degrees 54 minutes 16 seconds West, assumed bearing, on the north line of East 11 Magnolia Avenue 49.84 feet, to the west line of a 35 foot wide sanitary sewer easement, as per 12 document number 2224803; thence North 13 degrees 51 minutes 18 seconds West, along said 13 west line of the 35 foot wide sanitary sewer easement, 37.74 feet, to the point of beginning; 14 thence continue along said west line, North 13 degrees 51 minutes 18 seconds West 82.88 feet; 15 thence norkheasterly along a non-tangential curve, concave to the southeast, hauing a chord 16 bearing North 10 degrees 49 minutes 39 seconds East, a chord distance of 115.95 feet , a radius 17 of 6�5.00 feet and a central angle of 10 degrees 59 minutes 42 seconds, for an arc distance of 18 116.10 feet to the east line of vacated Prosperity Avenue; thence North 13 degrees 51 minutes 18 19 seconds West 32.98 feet along said east line, to the southeasterly line of Prosperity Avenue; 20 thence North 34 degrees 43 minutes 42 seconds East 1918 feet, along said southeasterly line of 21 Prosperity Avenue; thence South 48 degrees 21 minutes 46 seconds West 140.99 feet; thence 22 South 41 degrees 27 minutes 06 seconds East 41.76 feet; thence on a tangential curve, concave to 23 the southwest, having a radius of 413.08 feet, and a central angle of 19 degrees 13 minutes 15 24 seconds, for an azc distance of 138.58 feet to the west line of said sanitary sewer easement, the 25 point of beginning. 26 This vacation shall be subject to the terms and condition of Chapter 130, codified Much 1, 1981, of the 27 Saint Paul I.egislative Code as amended, and to the following conditions: 28 1. That a permanent utility easement sha11 be retained on, over, under and across the vacated azea on 29 behalf of the City of Saint Paul, Department of Public Works to reserve the right of the City to 30 maintain and operate any sewer in or upon said easement and to enter upon said easement or any 31 portion thereof at any time and from time to time, for the purposes of future construction, 32 reconstruction, inspecting, maintaining or repairing the same or any part thereo£ Said utility 33 easement shall be subject to the following conditions: qq -�s y ] a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any 2 other objects that will prohibit normal access to utiliry facilities for maintenance purposes 3 will be permitted within the easement azea. 4 b. Improvements in or upon the above described easement that do not prohibit the City from S exercising its reserved rights may be allowed by obtaining written permission from the 6 Department of Public Works Sewer Division with the understanding that the restoration 7 and costs of such unprovements shall be the sole responsibility of the petitioner, its 8 successors and assigns in the event the Ciry exercises its reserved easement rights. 9 c. No change from the existing grade within the easement area will be pernutted without 10 written permission from the Department of Public Works. 11 d. No change in surfacing within the easement azea will be pernutted without written 12 pernussion from the Depar[ment of Public Works. 13 14 15 16 17 18 19 2. 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 3. 35 e. 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 petiUOner, its employees, agents, or business invitees. That a permanent utility easement shall be retained within the vacated azea on behalf of the City of Saint Paul, Board of Water Comsnissioners subject to the following restrictions: a. No buildings, structures, trees or any temporary structure, material storage, ffxture, or other object that will prohibit noimal access to water facilities for maintenance purposes will be permitted within the easement aYea,. � c. No change from the existing grade will be permitted without written permission from the Water Utility, No change in surfacing within the easement area will be pernutted without written permission from the Water Utiliry. d. The petitioner, its successors and assigns shall fully indemnify, defend and save harmiess the Boazd of Water Cominissioners, its officers, agents, employees, and servants from all suits, action ar claims which sha11 atise from any injuries or damages received or sustained by any break in any service pipe, water main, or connection in said reserved easement, azising out of or resulfing from any action or negligence of the petitioner, its employees, agents or business invitees. That a permanent utility easement shall be retained wittun the vacated area to protect the interest of Northern States Power Company. 36 4. That, with the accompanying Utility Easement Certificates of Intended Non-Use, filed 37 voluntarily on behalf of U.S. West Communications, Incorporated, District Energy St. Paul, 38 Incorporated, MCI Metro Incorporated and MediaOne, made a part hereof by this reference and 39 filed in the office of the City Clerk of Saint Paul, the City, for itself and on behalf of these 40 corporations and departrnents, waives the right to the utility easements in the vacated azea 41 described above. qq'�S`� 1 5. That the petitioners, their successors and assib s shall, within 60 days of the effective date of this 2 resolution, file with the City Cierk an acceptance in writing of the conditions of this resolution 3 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in 4 ali respects with these terms and conditions. 5 BE IT FURTFIER RESOLVED, that, as provided in paragraph 5. of the development agreement 6 between Jerry's Enterprises, Inc. and the City of Saint Paul dated November 3, 1998, the proper City 7 officials are hereby authorized and directed to convey to the said Jerry's finterprises , Inc., by quit claim 8 deed, tifle to the properties hereby vacated. 9 BE IT FUR1'I�R RESOLVED, that, as provided in Paragraph 13A1.1. of the City Charter, the 10 Department of Public Works shall reimburse the Department of Pazks and Recreation for that part of the 11 properry hereby vacated and conveyed, approximately 2,383 square feet, that was originally acquired for 12 Park Purposes. Reimbursement shall be in the amount of $5,400.00, fair market value as established by 13 independent appraisal. ORIGINAt Adopted by Council: Date Requested by Department of: Technoloav & Mana�ement Services By: ��-e:LtXiJ� �ry�� rector Form Approved by City Attomey By . �.r,Z,L/�/,�,,,e_ 7_�r,g� Adoptio Certi ied by Council Sec�tary ' By: J— . Approved y M�yor for missio to ouncil Approved or: ate a, t° By: By. .�s T.M.S./REAL ESTATE DIVISION Date. July 12,1999 Green Sheet Number: 63771 ontact Person and PLone Nmi6er. 2 FFARTl� D �. 4 C11Y COUNCII. Peter White �$SQ �� 1 ITYATTORNEY TfYCIFR% DIRECTOR FFICEOFFINANC7ALSVCS. ��: AUGUST4 3 y�<�� OTAL # OF SIGNAT[IRE PAGE5 1(CLIP ALL IACAITONS FOR SIGl�iATURE) CTION REQUESTED: To varate pnb&c lands, formerly part of Johnson Parkway and Prosperity Avenue, to rnnvey title to said lands to Jerry's Enterprises, Inc., and to direct the Depardment of Public Works to re�burse the Depardne� of Parks and Recreation for that part of the said lands that was acquired for Parkway. Ref: 1. Resolution for consideration; 2. Petition to vacate; 3. Map showing area to be vacated. 4. Copy of developme� agreeme�. 5. Certificates oF Intended Non-Use. OMI�ATIONS: A�ROVE i� ORRE7ECT PU ERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING: .HaslhepexsoNBrmeverwoxkedmderaconhactforshisdepartmcnt? YES NO el.nrm�mvccoauf�sstoct pj s'rnHa � Has t6� personl8rm ever bcen a CYIy employee? YES NO a Vll, 36RV[C6 COMFIISSLON . Dces this pe�son/8�m P�e%q a slo"�aoimnnaDy pos.vessed by any YES NO <unwa� c5ry empioyeey CB COM6�71EE EijdA3¢ eHYE5 A➢SW ¢ts OL a 8¢pai9tC 3hEeS e� attech. IIPPORTS WffiCH COUNCII. B.�!1`]t UNCII, WARp(S) 2 .. DI51'RIGT PI,An'NING COUNCIL 6 TIAFG PROBI.EM, I5SilE, OPPOR'1'UN1TY (WLq Whay R'hen, Wperei Why?): The City had entered into a development agreement that required the conveyance of the pmperty to Jerry's E�rterprises, Inc. : VANTAGESIFAPPROVED: Tlte City will be in compliance with the development ��- �� 1999 agreetuent. REAL ESTAi� D(�f�IQ�' THE COUNCIL HEARING ON TSADVANTAGESIFAPPROVED: THIS MATTER IS SET FOR None rsanvan�rac�s�xararrxo�n: AUGUST 4 1999 The City wiIl not be in rnmpliance with the development agreement. OTALAMOI7N'IOFT'RANSAC7TON: � � COSTfREVENIJEBI7DGETED(CIILCLEONE) YF,S NO n`re s°�c�: N/A ac''n'i''r �Ex: N/A CIAL INFORMe1TION: (EXPLAIN) Rese�rch �n As JUl 2 1 1g99 � Department of Technology and Management Services Real Estate Division 140 Ciry Hall Saint Paul, MN 55102 CITY OF SAINT PAUL Norm Coleman, Mayor July 9, 1999 To the Honorable Members of the Council of the City of Saint Paul The City of Saint Paul hereby petitions to vacate the following City right-of-way: Phone: (651)266-8850 Fax: (651) 266-8855 `�`l-'7 S�{ All that part of 3ohnson Pazkway lying North of East Magnolia Avenue and South of Prosperiry Avenue described as follows: Commencing at the intersection of the north line of East Magnolia Avenue with the east line of Prosperity Avenue, vacated in Council File number 84-402 and document number 2224803; thence South 89 degrees 54 minutes 16 seconds West, assumed bearing, on the north line of East Magnolia Avenue 49.84 feet, to the west line of a 35 foot wide sanitary sewer easement, as per document number 222�}803; thence North 13 degrees 51 minutes 18 seconds West, along said west line of the 35 foot wide sanitary sewer easement, 37.74 feet, to the point of beginning; thence continue along said west line, North 13 degrees 51 minutes 18 seconds West 82.88 feet; thence northeasterly along a non-tangential curve, concave to the southeast, having a chord bearing North 10 degrees 49 minutes 39 seconds East, a chord distance of ll5.95 feet , a radius of 605.00 feet and a central angle of 10 degrees 59 minutes 42 seconds, for an arc distance of 116.10 feet to the east line of vacated Prosperity Avenue; thence North 13 degrees 51 minutes 18 seconds West 32.98 feet along said east line, to the southeasterly line of Prosperiry Avenue; thence North 34 degrees 43 minutes 42 seconds East 19.18 feet, atong said southeasterly line of Prosperity Avenue; thence South 48 degrees 21 minutes 46 seconds West 140.99 feet; thence South 41 degrees 27 minutes 06 seconds East 41.76 feet; thence on a tangenrial curve, concave to the southwest, having a radius of 413.08 feet, and a central angle of 19 degrees 13 minutes 15 seconds, for an arc distance of 138.58 feet to the west line of said sanitary sewer easement, the point of beginning. See attached map. The purpose of this vacation is to honor an agreement that obligated the City to convey to Jerry's Enterprises, Inc. the property to be vacated. CTTY OF St1INT PAUL STATE OF MINNESOTA ) By Vt �� ) ss. Mayor COUNTY OF RAMSEY ) The foregoing ins was aclmowledged before me this � �L �" day of � i�hl..� , 1999 by SuS�,� �;, m r�t�� Mayor of the City of Saint Paul, municipal cozporation under the laws of the State of Minnesota. M If JEAN R. KARPE � � �Y �� NOTARYPUBUC MINNESOTA � �� ` ,>, �� '^=' MY Cwnm Expves Jan 31, 2000 Notary Public �`� � 0 � � aq-ns�l Interdepartmental Memorandum CITY OF SAINT PAUL sss� � � �nr To: All Council ��bers From: Peter White � �� Right of Way Bngineer 140 City Hall Date: July 13, 1999 �t��e� �i,�„ '�a��t�e��aca�iir��?F�r��99�^,� �'.�'s �.... n...., �.. ,_�.m. �� ,:, I recommend a public hearing before the City Council be held on ��#- �99?�; The purpose of this heazing is to consider a petition to vacate a part of Johnson Pazkway lying northerly of Magnolia Avenue and southerly of Prosperity Avenue. This property is located in City Council District �, Planning District &o The subject petition is in proper form and has been signed by the requisite number of property owners. cc: Shari Moore (799date) . .. - DEVELOP?�1ENT AGREE?�4ENT �� `� sy THIS DEVELOPA4ENT AGREE'�1ENT is made and entered into this �G�Y11'1'�t/ 3 1998 by and bzi�i 3ERRY'S ENTERPRISES, II�C., a A�innesota corporation (°Jeny's') and ?HE CITY OF SAI\T PAL (`City'). RECITALS A. On June 27, 1997, Jerry`s, City and the Housing and Rede��elopment Authority of the City of Saint Paul, A4innesota (the "HRA") entered into a Purchase A�reement (the "Purchase Agreemenr') by «�hich Jerry's a�reed to sell to the HRA an approximately 21 J acre ponion (the `HRA Site") of the Phalen Shopping Center ("Phalen Center'). Jzrry's has con��e}�ed the HRA Site to the HRA by Limited WaiTanty Deed dated June 27, 1997. B. As a part of the consideration for the sale of the HRA Site and in connection �a�ith construction of the Ames Lake VJetiand, the City agreed to construct a reali�ned Prosperity Avenue and perform other work for the benefit of both the HRA Site and the balance of Phalen Center all in accordance with Paragraph 7(a) of the Purchase Agreement. C. The City has prepared and Jerry's has revie�t>ed and commented on the Plans and Specifications for Phalen Village Public Improvements, City Project 98-P-1163, last dated August 3, 1998 (the "City Plans"}. D. Jerry's and the City now desire to memorialize their agreement on the development work to be performed by the City for the benefit of Phalen Center. NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and agreements contained herein, Jerry's and the City hereby agree as follows: 1.) Prooerty Develooment - The City agrees to construct, perform and install all improvements described in the City Plans as modified by the Phalen Village Development Plan prepared on behalf of Jerry's by Ingraham & Associates last dated October 20, 1998 (the "Jerry's Development Plan") and in accordance r�7th the provisions of this Development Agreemeni (the work to.l�e performed in accordance with the City Plans, the Jerry's Development Plan and this Development Agreement is referred to herein as the "�T��ork"). The cost of the Work (except as specifically provided herein) shall be paid entirely by the City and shall not be assessed in whole or in part, a�ainst Phalen Center. 2.) Curb Cuts -The City shall construct the curb cuts from Prosperity Avenue and CIarence Avenue to the "Shopping Center" and the "Northerly Commercial Lots" as shown on the Jerry's Development Plan. The City Plans for the Work, including curb cuts, planting, �.�.-'�S'� li�htin�, utility and other construction shall be re��ised to reflect the chan�es sho�a•n in the Jen}�'s. Development Plan by No� zmber 30, 1998. Tl�e \�'ork, including curb cuts, lighting, utility and other construction shall be completed on or before September 24, 1999. The City shaIl comp]ete all planting including boule��azd trees on or before i�'o��ember 1, 1999 and complete u�etland area planting on or before June 15, 2000. Jerry's shall be pennitted to construct, at 3erry's expense, curb cuts from A�agnolia A��enue to pro��ide dri�•e�;�ay access at the south��est azld southeast comers of the Shopping Center. Jeny's shall also be pemiitted to construct, at Jerry's eapense, firture curb cuts on Rose A�•enue at ti�e ]ocation sl�o�zn on the Jerry's De��elopment Plan. The ��ork shall be perfonned in conjunction ��ith the submission of an appro��ed sketch plan. Jerr;�'s shall be permitted to retain the ezisting curb cuts and access to the l�endy's parcel. 3.) Prosnerih� A��enue Left Tum Lane - In addition to the northbound and southbound median cuts and left turn lanes sho« in the City Plans, the City shall construct a full access median cut and lef[ tum lane for traffic dzsirin� to tum lefr into the I�'ortherly Commercial Lots at an appro�imate station point of 7+ I� as sho«n on the Jerry's Development Plan. Said full access median cut and left tum lane is to b� desianed to allow fu11 northbound and southbound turning movements at tl�at location. The iu11 access median cut and left tum lane shall be completed by September 2�, 1999. 4.) Pvlon Sien - Jzrry's shall remo�•e the existin� shopping center pylon sien o�aled by Jerry's which is located in the Prosperity A��enue right-of-way at station point 6+ 25 at no cost to the City. Removal of the sien shall be completed by September l, 1999. 5.} Johnson Avenue Turnback - On or before September 24, 1999, the City shatl convey to Jerry's by deed flie portion of the former Johnson Avenue right-of-way sho�m on the Jerry's Development plan. 6.) Slope Easements - The City shall amend the slope easements as shown on City Map PV 1000 by February 11, 1999 to limit the azea covered by the siope easements to the actual as-built azea in the Northerly Commercial Lots used for slopes beriveen the retaining ��a11 and the Prosperity Avenue right-of-�i�ay. 7.) Commercial Lots Site Work - The parties intend that the Work on the Northerly Commercial Lots is to fill and grade such properiy in a manner as shown on the Jerry's Development Plan and to reduce the extent of slope easements associated wnth construction of Prosperity Avenue and to allow the land to be in a condition suitable for economic de��elopment by Jerry's. The Work to be performed by the City on the Northerly Commercial Lots described above shall include: (a) Removai of trees, clearing and grubbin� of the Northerly Commercial Lots, excluding the Wendy's pazcel, by December 1 l, 1998 in prepazation for filling and grading; (b) Removal of existing asphalt paving by December 11, 1998 as needed to grade and fill the Northerly Commercial Lots; 2. c��-�1s� (c) Installation of fill on and roueh grading (��ithin one (1) foot of the contours sho�jn- on the Jerry's De�•e]opment Plan) of the I�TOnherly Commercial Lots by December 11, 1998 to obtain tl�e mazimum slopes as sho��n on the Jerry's Deeelopulent Plan. Acceptable fill material shall meet the criteria contained in the pro}ect maimal prepared as a part of the City Plzns. Fine gradin� shall be completed by June 1�, 1999; (d) Seed the 2�'ortherly Conunercial Lots (except for the improti�ed portion of the ��endy's parcel) by September 2°�, 1999 as specified in the project manual; and (e) Installation of sanitary and storm se��er stubs in accordance ��ith the City Plans. Jerry's shall contract for and install retaining «�aTls as needed to create the required s]opes on the I�iortherly Commercial Lots. The City shz11 promptly reimburse Jerry's for the first Ten Thousand and no/100 Doliars (510 of the cost of retaining u�all installation. The CSty and Jerry's shall coordinate installation of fiil and the retainin� �*��alls to minimize cost and a��oid duplication of work. 8.) Oneoina Susiness Operations - The City acl:nowied�es that Jeny's �i>ill continue to operate its retail grocery business from a ponion of Shopping Center and, as such, the City a�rees that all work to be performed on the Shopping Center shall be done in such a manner as to minimize interference with 2rocery store customers and employees and to permit and maintain access at all times during construction to the Shopping Center in a manner commensurate with that required for ongoing commercial use. 9.) Future Tumback Parcel - The parties acknowledge that they City Plans and the 7erry's Development Plan do not contemplate road modifications to existing Prosperity Avenue at the Ciarence Street and Rose Avenue intersections. However, the City agrees that when road construction is completed at those locations, the City shall convey to Jerry's by deed that portion of the Prosperity Avenue right-of-way desigiated as "Tumback Area" on the Jerry's Development Pian. 10.) Purchase Aereement Ratification - Except as specifically modified by this Development Agreement, the City and Jerry's ratify and affirm the development provisions of Paragraph 7 contained in the Purchase Aezeement. Jerry's hereby extends the August 31, 1998 deadline for completion of work contained in Pazagraph 7(a) of the Purchase Agreement to the respective dates for completion of the Work contained herein provided the City timely performs each of its obligations under this Development Agreement. Jerry's expressly reserves any claim it may have against the City for failure to timely perform its obligations under the Purchase Agreement if the City fails to complete the Work in the manner and at the times required hereby. I 1.) Indemnification - Each party shall indemnify and hold harmless the other from claims or demands which arise out of the performance of the Work by the indemnifying parry or its contractors, subcontractors, employees or agents. 12.) Notices - Any notice required or permitted to be given hereunder shall be given in the manner required by Paragraph 11 of the Purchase Agreement. � �°� -1 S''� 13.) Controllins Law - This De�•elopment Agreement has been made under, and ��ill be interpreted and controlled by, the la�•s of the State of Minnesota. 14.) Assi2nment - The City may not assign its obli�ations under this Aevelopment Agreement without the prior w�ritten consent of 3erry's. 1�.) Bindine Effect - This De��elopment A�reement binds and benefits the City and Jerry's and their respecti��e successors and assi2ns. P�I WITI�TESS \�'HEREOF, City znd Jei�y's have e�ecuted this De��elopment Agreemer.t as of the day and }'ear first above «ritten. . JERRY' S: JERRY'S ENTERPRISES, INC. By: , Its: P 'd CITY: CITY OF SAINT PAUL Approved as to form: ��s� � �� Assistant City Attorney � & Management Services 0434835.01 � B �---r� �� s Direc or, Department of Finance ��. � , . � i � � � � � � m . � r. � � �a a`� i �� c�_�S� D � m n -i O W m < a � � m v -i � � � � m Z 0 � � cc co ,. �� - CERTIFICATE OF INTENDED NON-USE � r� S� THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CPI`Y OF SAINI' PAUL In the Matter of Vacation File # 7-1999 The undersigned hereby certifies, on behalf of the indicated department or company, that it does not intend to exercise its utility rights in the realty described below: that part of Johnson Parkway lying southerty of Prosperity Avenue and northerly of Magnolia Avenue, as shown on the attached map and as described on Attachment "A", also attached. exceptasherenoted: `�� (�,}�� j� Q�� I� —�'G1,1S �(��'�IQY� � US West Communications Its /`��,.lC �ro�c�-�� s^�a.,,,� � � COiUkallO > nxnrn�oa ) >�'cc"` �� --�"'" — a Signature Thefoxegoinginsttvmentwasacknowledgedbefotemethis �� dayof L��Pi / , 199�9 b / lrilfr� �TO �� .the V I�"� ��'WtCt^�L G� of � S LJc.°5� ' �.... w ,�i��s�S�°,`a Ge(of� C�t�O under the laws of the Siat` .. �vr' . 0 _*.� Np7Aqy Notary li, a ahoe oun , olorado. _ ' �►�! • � � • � N ' p(/B�„�G :OQ` My caxnmission expires � `�' �/ `. ':�T.o' • ::wp: ** Please retur"f��,},�, „�� inal copy to 140 City Hall, St. Paul, MN 55102 ** My Commission Facpisea Oct 12 2902 , c��_�S`f TMS F��E No. 7-1999 ExH�BIT "A" All that part of Johnson Parkway lying North of East Magnolia Avenue and South of Prosperity Avenue described as follows: Commencing at the intersection of the north line of East Magnolia Avenue with the east line of Prosperity Avenue, vacated in Council File number 84-402 and document number 2224803; thence South 89 degrees 54 minutes 16 seconds West, assumed bearing, on the north iine of East Magnolia Avenue 49.84 feet, to the west line of a 35 foot wide sanitary sewer easement, as per document number 2224803; thence North 13 degrees 51 minutes 18 seconds West, along said west line of the 35 foot wide sanitary sewer easement, 37.74 feet, to the point of beginning; thence continue along said west line, North 13 degrees 51 minutes 18 seconds West 80.90 feet; thence North 10 degrees 49 minutes 39 seconds East 115.95 feet to the east line of vacated Prosperity Avenue; thence North 13 degrees 51 minutes 18 seconds West 32.98 feet along said east line, to the southeasterly line of Prosperity Avenue; thence North 34 degrees 43 minutes 42 seconds East 19.18 feet, alone, said southeasterly line of Prosperity Avenue; thence South 48 degrees 21 minutes 46 seconds West 140.99 feer, thence South 41 degrees 27 minutes 06 seconds East 41.76 feet; thence on a tangential curve, concave to the southwest, having a radius of 413.08 feet, and a central angle of 19 degrees 13 minutes 15 seconds, for an arc distance of 138.58 feet to the west line of said sanitary sewer easemen[, the point of be;inning. a •' �� CERTIFICATE OF INTENDED NON-USE . G�c�'2 S �j THE HONORABLE MAYOR AND MEMBERS RECEIVED oF � courrc�. oF � MAY fl 7 lggg ��e Matter of CITY OF SAINT PAUL Vacauon File # 7-1999 REAL ES7ATf DIVISN3N The undersigned hereby certifies, on behalf of the indicated department or company, that it does not intend to exercise its utility rights in the realty described below: that part of Johnson Parkway lying southerly of Prosperity Avenue and northerly of Magnolia Avenue, as shown on the attached map and as described on Attachment "A", also attached. except as here noted: `(� (i �'l� Northern States Power Co. �- -. MINNESOT3 � r, i�b�/ > Signature HENNEPIN � The foiegoing iustrument was acimowledged befoie me tivs 5 th day of �3' 199yG b Vera o y Northern States Power Company under the laws of the State of iVIinnesota 5 �� MARGARET RA. MAfiHS � 3 > NOTARYPI�tJC-ApNNESOtA 2 AA' Camm'ssion fxp'aes Jan. 31. �70 �+ n real estate representative Plinnesota �py�.yy,� F' ** Please return this original copy to 140 City Hall, St. Pau{, MN 55102 "* ��`�� TMS F►�E No. 7-1999 ExH�stT "A" A11 that part of Johnson Parkway lying North of East Magnolia Avenue and South of Prosperity Avenue described as follows: Commencing at the intersection of the north line of East Magnolia Avenue with the east line of Prosperiry Avenue, vacated in Council File number 84-402 and document number 2224803; thence Souih 89 degrees 54 minutes 16 seconds West, assumed 'oearing, on tne nonh une of East Magnolia Avenue 49.84 feet, to the west line of a 35 foot wide sanitary sewer easement, as per document number 2224803; thence North 13 degrees 51 minutes 18 seconds West, along said west line of the 35 foot wide sanitary sewer easement, 37.74 feet, to the point of beginning; thence continue along said west line, North 13 degrees 51 minutes 18 seconds West 80.90 feet; thence North 10 degrees 49 minutes 39 seconds East 115.95 feet to the east line of vacated Prosperity Avenue; thence North 13 degrees 51 minutes 18 seconds West 32.98 feet along said east line, to the southeasterly line of Prosperity Avenue; thence North 34 degrees 43 minntes 42 seconds East 19.18 feet, alone, said southeasterly line of Prosperity Avenue; thence South 48 degrees 2: :.:�:,ntes 45 seco.,ds �Jest .4�.47 feei; ihence South 41 degrees 27 minutes 06 seconds East 41.76 feet; thence on a tangential curve, concave to the southwest, having a radius of 413.08 feet, and a central angle of 19 degrees 13 minutes 15 seconds, for an azc distance of 138.58 feet to the west line of said sanitary sewer easement, ffie point of beginning. � CERTIFICATE OF INTENDED NON-USE _ - �� iS �( THE HONORABLE MAYOR AND MEMBERS OF THE COi3NCII, OF THE In the Matter of C1TY OF SAINT PAi3L Vacation File # 7-1999 The undersigned hereby certifies, on behalf of the indicated depamnent or company that it does not intend to exercise its utility rights in the realty described below: that part of Johnson Parkway lying southerly of Prosperity Avenue and northerly of Magnolia Avenue, as shown on the attached map and as described on Attachment "A", also attached. except as here noted: The Water Utility DOES intend to exercise its utility rights in that part of Johnson Parkway lying southerly of Prosperity Avenue and northerly of Magnolia Avenue and as described in Exhibit "A". Water Utility Bernie R. Bullert ItS General Manager MINNESOTA RAMSEY > �,�� > Signature ) The foiegoing instcument was aclmowledged befoie me tivs 16 th day of ApTll , 8Q@$ by Bernie R. Bullert �, General ManaQer o p the Saint Paul Water Utility , municipal corporation of the Cit� of Saint Paul under the laws of the Sta[e of btinnesota. x . �. SHIRLEYA.JONES <= NOTARY PU9LIC-HINNES�TA Z RAMSEYCOUN'R' � My Comm. Expf�es Sen. 31, 2000 A�YV�NVWWW`/WWVVWVVWWWWVW • ** Please return this original copy to 140 City Hall, St. Paul, MN 55102 " * ,. �[q _� TMS F��E No. 7-1999 EXHIBIT "A" All that part of Johnson Parkway lying North of East Magnolia Avenue and South of Prosperity Avenue described as follows: Commencing at the intersection of the north line of East Magnolia Avenue with the east line of Prosperity Avenue, vacated in Council File number 84-402 and document number 2224803; thence South 89 degrees 54 minutes 16 seconds West, assumed bearing, on the north line of East Magnolia Avenue 49.84 feet, to the west line of a 35 foot wide sanitary sewer easement, as per document number 2224803; thence North 13 degrees 51 minutes 18 seconds West, along said west line of the 35 foot wide sanitary sewer easement, 37.74 feet, to the point of beginning; thence continue along said west line, North 13 degrees S1 minutes 18 seconds West 80.90 feet; thence North 10 degrees 49 minutes 39 seconds East 115.95 feet to the east line of vacated Prosperity Avenue; thence North 13 degrees 51 minutes 18 seconds West 32.98 feet along said east line, to the southeasterly line of Prosperity Avenue; thence North 34 degrees 43 minutes 42 seconds East 19.18 feet, alone, said southeasterly line of Prosperity Avenue; thence South 48 degrees 21 minutes 46 seconds West 140.99 feet; thence South 41 degrees 27 minutes 06 seconds East 41.76 feet; thence on a tangential curve, concave to the southwest, having a radius of 413.08 feet, and a central angle of 19 degrees 13 minutes 15 seconds, for an arc distance of 138.58 feet to the west line of said sanitary sewer easement, the point of beginning. � � r' a � U Q O � Z W W m J O LL f" N � � Q �� d � � 3 � � � � �� ,�� 4' 6'• �� `Yl � � 0� > Q Q� �' � -�-' � � n� � Q �n o d � W � v a�v � � �,p�° 1 o�ti'�� S / �\�� i �� ' I / � e � V d O � � � � -, d � S -!-' -!-' � � O d zw N � �� ? 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S ..� . �.._�_._ � �� p � �... ~`. �'•..,t. •w.-.__._ ag _ .___`�__._._____.. f, _.._..... . : ! � N v l� ` �s��.�g� �,� f''�._ / ' � ' 3Ad VI�ON+JVW 3 �V-�4£#'_" , , y �� ` ' � �_.� ______— ;�,.:_ �'v ��8,. .. ��ry�° e� v � 19 • �'+,� , s1 3 5g ...--•" _ " m . -^� C ' �c��;� J� 6 £'Sll - �y0.6a � _��M� V Q n N '°� ��""''.. •. _ ""�" �- ..... , 3� !r � � � �'�- 1 �• �, M9 �'._9 r*� ' V � � � � F.,.�s�w � .._ ' . - 1 dh ! > � . 0 a � N N �� i �- -_ a '� l , O � � . � � ' V � a � �' Q , , � \ � � � ` � � Q� q ti : ' . - � \ 1 \. � - , � U '� � � Q '� � y p a m �.° ; m • , , � � � �� n � � h � % S � �� ' °�- i � a�a� rr •a � � _ � I � •a . _, � �� CERTIFIGATE OF INTENDED NON-USE �t`� TI�E HONORABLE MAYOR AND MEMBERS OF THE COUNCIL, OF THE Tn the Matter of CIT1' OF SAINT PAUL Vacarion File # 7-1999 The undersigned hereby certifies, on behalf of the indicated department or company, that it does not intend to exercise its utility rights in the realty described below: that part of Johnson Parkway lying southerly of Prosperity Avenue and northerly of Magnolia Avenue, as shown on the attached map and as described on Attachment "A", also attached. except as here noted: „ �'vZ �vL � � Ah� w2 �� '1�2G c� (��tJ� ' c�t�'..i �5. N.S.P. - Gas Distribution $r� �, - ('-f� c 4 �c Its �ct5 � : � r . MIlVnES4T_A RAMSEY The S by of ) > ) F � ' as f �c tti.sc ��,, c�.. -4(� 5 �U'J /r:d r �� `� � C� C� T"c i � ti �� /�7 C e G-_� �- Signature was aclmowledged before me this �( day of 1''a ✓G � — � C..� .fI1C � . ✓( f�'Z (! a C +JA C� undzr the ]aws of the S[ate of Minnesota. My commission expues !/�� C� O �a o O N N Q ? � � � � Z ' 0 W— j��w� L>`E x =. � *" Please return this original copy to 140 City Hall, St. Paul, MN 55102 ** ., _� : . °C`l -�-5`� TMS Ft�� No. 7-1999 EXHIBIT "A" All that part of 3ohnson Parkway lying North of East Magnolia Avenue and South of Prosperity Avenue described as follows: Commencing at the intersection of the north line of East Magnolia Avenue with the east line of Prosperity Avenue, vacated in Council File number 84-402 and document number 2224803; thence South 89 degrees 54 minutes l6 seconds West, assumed bearing, on the north line of East Magnolia Avenue 49.84 feet, to the west line of a 35 foot wide sanitary sewer easement, as per document number 222�k803; thence North 13 degrees 51 minutes 18 seconds West, along said west line of the 35 foot wide sanitary sewer easement, 37.74 feet to the point of beginning; thence continue along said west line, North 13 degrees 51 minutes 18 seconds West 80.40 feet; thence North 10 degrees 49 minutes 39 seconds East 115.95 feet to the east line of vacated Prosperity Avenue; thence North 13 degrees 51 minutes 18 seconds West 32.98 feet along said east line, to the southeasterly line of Prosperity Avenue; thence North 34 degrees 43 minutes 42 seconds East 19.18 feet, alone, said southeasterly fine of Prosperity Avenue; thence South 48 degrees 21 minutes 46 seconds West 140.99 feet; thence South 41 degrees 27 minutes 06 seconds East 41.76 feet thence on a tangential curve, concave to the southwest, having a radius of 413.08 feet, and a central angle of 19 degrees 13 minutes 15 seconds, for an arc distance of 138.58 feet to the west line of said sanitary sewer easement, the point of beginning. o�i w rn Q r U a o> zW w 00 � o IL F'" N W � �a ._ . �v CERTiFiCATE OF INTENDED NON-USE ��1 _�-� � THE HONORABLE MAYOR AND MEMBERS OF THE C�UNCIL OF THE CITY OF SAINT PAUL In the Matter of Vacation File # 7-1999 The undersigned hereby certifies, on behalf of the indicated department or company, that it does not intend to exercise its utility righrs in the realty described below: that part of Johnson Parkway lying southerly of Prosperity Avenue and northerly of Magnolia Avenue, as shown on the attached map and as described on Attachment "A", also attached. except as here noted: DISTRICT ENERGI' ST. PAUL, INC., AND DISTRICT COOLING ST. PAUL, INC., NAVE NO EQUIPMENT IN THE AREA TO BE VACATED AND HAVE NO OBJECTION T� THE VACATI�N. District Energy and Cooling St. Paul, Inc. ��u��tiesore i > RAMSEY � by of Its (� r i �n-� i� [%� ,�� Signature The foregoing instrument was acknowledged before me this �� ' day of /! 1 G-�'e� , 199�8 5'j`� l�'a+�f[� 1MC � under the laws of [he State of M�nneso[a • �nMMMA/�/�1NMA/�MMAMMAMM�R < TRUCY L. SHERWOOD <: �,., �. 4:;ry°,Kg NQTAAY ^rUELiC-MSNtiESOTA z �y`1„S� WASHING�QNC�UNN 2 My Cemm. Expfres Jan. 31, 2000 • vvwWVVV:. �. �� ww'/vV V V W V VVWVW • ��Q., o�� Notary Public, Ramsey Coun � nesota My commission eapices � 0..� , 3� a O� p ** Please return this original copy to 140 City Hall, St. Paul, MN 55102 ** CERTIFICATE OF fNTENDED NON-USE THE AONORABLE MAYOR ANU MEMBERS OF T`HE COL3NCIL OF T`HE CTI'I' OF SAINT YAUL � � _ � In the Matter of Vacation File # 7-1999 The undersigned herehy certifies, on behalf of the indicated department or company, that it does not intend to exercise its utility rights in the realty described below: that part of Johnson Pazkway lying southerlp of Prosperity Avenue and northerly of Magnolia Avenue, as shown on the attached map and as described on Attachment "A", also attached. except as here noted: MINNESOTA > MediaOne Its C.�C��t,c.�� Signatur D�ota ) � ^ The foregoing ins4vment was aclaowledged before me this �_ day of �� , 199� bY �`Itr/'��/l I .the �L30�`:.nC�D� � W1.v.�L, k0� a under [he laws of the Sfate of Minnesota a � JUf1� }$- 0�2 �prt,ar Ruauc-��wesos� ,pq�psEr couw'c'` Notary Public, Bs as C y, nn ��, �y9een ien. 31. 2000 �Z <„ , y � My commission er.p'ues r I TL� — ��7 fJ � "" Please return this original copy to 140 City Hall, St. Paul, MN 55102 ** V / �.� -�S TMS F��E No. 7-1999 EXHIBIT "A" All that part of Johnson Pazkway lying North of East Magnolia Avenue and South of Prosperity Avenue described as follows: Commencina at the intersection of the north line of East Magnolia Avenue with the east line of Prosperity Avenue, vacated in Council File number 84-402 and document number 2224803; thence South 39 degrees 54 minutes 16 seconds West, assumed bearing, on the north line of East Magnolia Avenue 49.84 feet, to the west line of a 35 foot wide sanitary sewer easement, as per document number 2224803; thence North 13 degrees 51 minutes 18 seconds West, along said west line of the 35 foot wide sanitary sewer easement, 37.74 feet, to the point of beginning; thence continue along said west line, North 13 deg�ees 5] minutes 18 seconds West 80.90 feet; thence North 10 degrees 49 minutes 39 seconds East 115.95 feet to the east line of vacated Prosperity Avenue; thence North 13 degrees 51 minutes 18 seconds West 32.98 feet along said east line, to the southeasterly line of Prosperity Avenue; thence North 34 degrees 43 minutes 42 seconds East 19.18 feet, alone, said southeasterly line of Prosperity Avenue; thence South 48 degrees 21 minutes 46 seconds West 140.99 feet; thence South 41 degrees 2� minutes 06 seconds East 41.76 feet; thence on a tangential curve, concave to the southwest, having a radius of 413.08 feet, and a central angle of l9 degrees 13 minutes 15 seconds, for an azc distance of 138.58 feet to the west line of said sanitary sewer easement, the point of beginning. `�-�1.5 y ST. PAUL CITY COUNCIL ��`=`�cK' ~�zsPar:�a� ca:::�r PUBLIC HEARING IVOTICE ,�JL 1� 1�99 STREET/ALLEY VACATION CrrY Coulvcu. WA� # 2 _ . _ __: PLnNN�rc DrsTTUCT # 6 NANCY ANDERSON COUNCIL RESEARCH 310 CITY HALL PURPOSE PETITIONER HEARING �,E No. 7-1999 TO CONSIDER A PEITTION TO VACATE: Ali that part of Johnson Pukway lying North of East Magnolia Avenue and South of Prosperity Avenue described as follows: Commencing at the intersection of the north line of East Magnolia Avenue with the east line of Prosperity Avenue, vacated in Council File number 84-402 and document number 2224803; thence South 89 degrees 54 minutes 16 seconds West, assumed bearing, on the north line of East Magnolia Avenue 49.84 feet, to the west line of a 35 foot wide sanitary sewer easement, as per document number 2224803; thence North 13 degrees 51 minutes 18 seconds West, along said west line of the 35 foot wide sanitary sewer easement, 31.74 feet, to the point of beginning; thence continue along said west line, North 13 degrees 51 minutes 18 seconds West 82.88 feet; thence northeasterly along a non-tangential curve, concave to the southeast, having a chord bearing North 10 degrees 49 minutes 39 seconds East, a chord distance of 115.95 feet , a radius of 605.00 feet and a central angle of 10 degrees 59 minutes 42 seconds, far an azc distance of 11610 feet to the east line of vacated Prosperity Avenue; thence North 13 degrees 51 minutes 18 seconds West 32.98 feet along said east line, to the southeasterly line of Prosperity Avenue; thence North 34 degrees 43 minutes 42 seconds East 19.18 feet, along said southeasterly line of Prosperity Avenue; thence South 48 degrees 21 minutes 46 seconds West 140.99 feet; thence South 41 degrees 27 minutes 06 seconds East 41.76 feet; thence on a tangential curve, concave to the southwest, having a radius of 413.08 feet, and a cenual angle of 19 degrees 13 minutes 15 seconds, for an arc distance of 138.58 feet to the west line of said sanitary The City of Saint Paul on behalf of the Department of Public Works The Council will conduct a public hearing on this vacation on Wednesday, Au¢ust 4. 1499 in the Council Chambers on the third floor of City Hall. Public Hearings begin at 5:30 P.M. �UESTIONS I Ca11266-8850 and refer to the file number above. City staff will be available unti14:30 in Zp�gg e�osauuiw `�ned �uie� asnoH �ano� - ��eH �!� Ob L tuoo= saainaag;uawa6euew pue I(6o�ouyaal;o •;da— uo�sin�p a�e}s3 �eaa �C 666L `EL �In� :;uas saai�� tpa4�e�1e) db� �c`�`�S� NOTICE OF PUBLIC HEARING Notice is hereby given that the petition of the City of Saint Paul for the vacation of a part of Johnson Parkway lying North of East Magnolia Avenue and South of Prosperity as more fully described on file and on record in the office of the City Clerk of Saint Paul, Minnesota, will be heard and considered by the Saint Paul City Council at a meeting to be held in the Council Chambers on the 3rd floor of City Hall and Court House on the 4th day of August, 1999 at 5:30 P.M. Dated July 13,1999 Shari Moore Deputy City Clerk (July 15, 1999) ir�P'..t�''.'"r,� . ...;;�af>::t'; `.. : .. _,. , J!lL�� { �_._.... Return copy to: Real Estate Division 140 City Aall ORIGINAL Presented By Referred 1'0 Council File # 3g-� 5ti} Green Sheet # �e3� � � R�so�uTioN CITY OF SAINT PAUL, MINNESOTA 4s Coromittee: Date 1 BE IT RESOLVED, that, upon ihe petition of the City of Saint Paul on behalf of the Department of 2 Public Works, as documented in Finance Department File Number 7-1999, public proper[ies hereinafter 3 described are hereby vacated and discontinued as public property and, subject to the herein stated 4 exceptions, the easements within those public properties aze hereby released. 5 The property to be vacated is described as follows: 6 All that part of Johnson Parkway lying North of East Magnolia Avenue and South of Prosperity 7 Avenue described as follows: 8 Commencing at the intersection of the north line of East Magnolia Avenue with the east line of 9 Prosperity Avenue, vacated in Council File nuxnber 84-402 and document number 2224803; 10 theace South 89 degrees 54 minutes 16 seconds West, assumed bearing, on the north line of East 11 Magnolia Avenue 49.84 feet, to the west line of a 35 foot wide sanitary sewer easement, as per 12 document number 2224803; thence North 13 degrees 51 minutes 18 seconds West, along said 13 west line of the 35 foot wide sanitary sewer easement, 37.74 feet, to the point of beginning; 14 thence continue along said west line, North 13 degrees 51 minutes 18 seconds West 82.88 feet; 15 thence norkheasterly along a non-tangential curve, concave to the southeast, hauing a chord 16 bearing North 10 degrees 49 minutes 39 seconds East, a chord distance of 115.95 feet , a radius 17 of 6�5.00 feet and a central angle of 10 degrees 59 minutes 42 seconds, for an arc distance of 18 116.10 feet to the east line of vacated Prosperity Avenue; thence North 13 degrees 51 minutes 18 19 seconds West 32.98 feet along said east line, to the southeasterly line of Prosperity Avenue; 20 thence North 34 degrees 43 minutes 42 seconds East 1918 feet, along said southeasterly line of 21 Prosperity Avenue; thence South 48 degrees 21 minutes 46 seconds West 140.99 feet; thence 22 South 41 degrees 27 minutes 06 seconds East 41.76 feet; thence on a tangential curve, concave to 23 the southwest, having a radius of 413.08 feet, and a central angle of 19 degrees 13 minutes 15 24 seconds, for an azc distance of 138.58 feet to the west line of said sanitary sewer easement, the 25 point of beginning. 26 This vacation shall be subject to the terms and condition of Chapter 130, codified Much 1, 1981, of the 27 Saint Paul I.egislative Code as amended, and to the following conditions: 28 1. That a permanent utility easement sha11 be retained on, over, under and across the vacated azea on 29 behalf of the City of Saint Paul, Department of Public Works to reserve the right of the City to 30 maintain and operate any sewer in or upon said easement and to enter upon said easement or any 31 portion thereof at any time and from time to time, for the purposes of future construction, 32 reconstruction, inspecting, maintaining or repairing the same or any part thereo£ Said utility 33 easement shall be subject to the following conditions: qq -�s y ] a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any 2 other objects that will prohibit normal access to utiliry facilities for maintenance purposes 3 will be permitted within the easement azea. 4 b. Improvements in or upon the above described easement that do not prohibit the City from S exercising its reserved rights may be allowed by obtaining written permission from the 6 Department of Public Works Sewer Division with the understanding that the restoration 7 and costs of such unprovements shall be the sole responsibility of the petitioner, its 8 successors and assigns in the event the Ciry exercises its reserved easement rights. 9 c. No change from the existing grade within the easement area will be pernutted without 10 written permission from the Department of Public Works. 11 d. No change in surfacing within the easement azea will be pernutted without written 12 pernussion from the Depar[ment of Public Works. 13 14 15 16 17 18 19 2. 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 3. 35 e. 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 petiUOner, its employees, agents, or business invitees. That a permanent utility easement shall be retained within the vacated azea on behalf of the City of Saint Paul, Board of Water Comsnissioners subject to the following restrictions: a. No buildings, structures, trees or any temporary structure, material storage, ffxture, or other object that will prohibit noimal access to water facilities for maintenance purposes will be permitted within the easement aYea,. � c. No change from the existing grade will be permitted without written permission from the Water Utility, No change in surfacing within the easement area will be pernutted without written permission from the Water Utiliry. d. The petitioner, its successors and assigns shall fully indemnify, defend and save harmiess the Boazd of Water Cominissioners, its officers, agents, employees, and servants from all suits, action ar claims which sha11 atise from any injuries or damages received or sustained by any break in any service pipe, water main, or connection in said reserved easement, azising out of or resulfing from any action or negligence of the petitioner, its employees, agents or business invitees. That a permanent utility easement shall be retained wittun the vacated area to protect the interest of Northern States Power Company. 36 4. That, with the accompanying Utility Easement Certificates of Intended Non-Use, filed 37 voluntarily on behalf of U.S. West Communications, Incorporated, District Energy St. Paul, 38 Incorporated, MCI Metro Incorporated and MediaOne, made a part hereof by this reference and 39 filed in the office of the City Clerk of Saint Paul, the City, for itself and on behalf of these 40 corporations and departrnents, waives the right to the utility easements in the vacated azea 41 described above. qq'�S`� 1 5. That the petitioners, their successors and assib s shall, within 60 days of the effective date of this 2 resolution, file with the City Cierk an acceptance in writing of the conditions of this resolution 3 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in 4 ali respects with these terms and conditions. 5 BE IT FURTFIER RESOLVED, that, as provided in paragraph 5. of the development agreement 6 between Jerry's Enterprises, Inc. and the City of Saint Paul dated November 3, 1998, the proper City 7 officials are hereby authorized and directed to convey to the said Jerry's finterprises , Inc., by quit claim 8 deed, tifle to the properties hereby vacated. 9 BE IT FUR1'I�R RESOLVED, that, as provided in Paragraph 13A1.1. of the City Charter, the 10 Department of Public Works shall reimburse the Department of Pazks and Recreation for that part of the 11 properry hereby vacated and conveyed, approximately 2,383 square feet, that was originally acquired for 12 Park Purposes. Reimbursement shall be in the amount of $5,400.00, fair market value as established by 13 independent appraisal. ORIGINAt Adopted by Council: Date Requested by Department of: Technoloav & Mana�ement Services By: ��-e:LtXiJ� �ry�� rector Form Approved by City Attomey By . �.r,Z,L/�/,�,,,e_ 7_�r,g� Adoptio Certi ied by Council Sec�tary ' By: J— . Approved y M�yor for missio to ouncil Approved or: ate a, t° By: By. .�s T.M.S./REAL ESTATE DIVISION Date. July 12,1999 Green Sheet Number: 63771 ontact Person and PLone Nmi6er. 2 FFARTl� D �. 4 C11Y COUNCII. Peter White �$SQ �� 1 ITYATTORNEY TfYCIFR% DIRECTOR FFICEOFFINANC7ALSVCS. ��: AUGUST4 3 y�<�� OTAL # OF SIGNAT[IRE PAGE5 1(CLIP ALL IACAITONS FOR SIGl�iATURE) CTION REQUESTED: To varate pnb&c lands, formerly part of Johnson Parkway and Prosperity Avenue, to rnnvey title to said lands to Jerry's Enterprises, Inc., and to direct the Depardment of Public Works to re�burse the Depardne� of Parks and Recreation for that part of the said lands that was acquired for Parkway. Ref: 1. Resolution for consideration; 2. Petition to vacate; 3. Map showing area to be vacated. 4. Copy of developme� agreeme�. 5. Certificates oF Intended Non-Use. OMI�ATIONS: A�ROVE i� ORRE7ECT PU ERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING: .HaslhepexsoNBrmeverwoxkedmderaconhactforshisdepartmcnt? YES NO el.nrm�mvccoauf�sstoct pj s'rnHa � Has t6� personl8rm ever bcen a CYIy employee? YES NO a Vll, 36RV[C6 COMFIISSLON . Dces this pe�son/8�m P�e%q a slo"�aoimnnaDy pos.vessed by any YES NO <unwa� c5ry empioyeey CB COM6�71EE EijdA3¢ eHYE5 A➢SW ¢ts OL a 8¢pai9tC 3hEeS e� attech. IIPPORTS WffiCH COUNCII. B.�!1`]t UNCII, WARp(S) 2 .. DI51'RIGT PI,An'NING COUNCIL 6 TIAFG PROBI.EM, I5SilE, OPPOR'1'UN1TY (WLq Whay R'hen, Wperei Why?): The City had entered into a development agreement that required the conveyance of the pmperty to Jerry's E�rterprises, Inc. : VANTAGESIFAPPROVED: Tlte City will be in compliance with the development ��- �� 1999 agreetuent. REAL ESTAi� D(�f�IQ�' THE COUNCIL HEARING ON TSADVANTAGESIFAPPROVED: THIS MATTER IS SET FOR None rsanvan�rac�s�xararrxo�n: AUGUST 4 1999 The City wiIl not be in rnmpliance with the development agreement. OTALAMOI7N'IOFT'RANSAC7TON: � � COSTfREVENIJEBI7DGETED(CIILCLEONE) YF,S NO n`re s°�c�: N/A ac''n'i''r �Ex: N/A CIAL INFORMe1TION: (EXPLAIN) Rese�rch �n As JUl 2 1 1g99 � Department of Technology and Management Services Real Estate Division 140 Ciry Hall Saint Paul, MN 55102 CITY OF SAINT PAUL Norm Coleman, Mayor July 9, 1999 To the Honorable Members of the Council of the City of Saint Paul The City of Saint Paul hereby petitions to vacate the following City right-of-way: Phone: (651)266-8850 Fax: (651) 266-8855 `�`l-'7 S�{ All that part of 3ohnson Pazkway lying North of East Magnolia Avenue and South of Prosperiry Avenue described as follows: Commencing at the intersection of the north line of East Magnolia Avenue with the east line of Prosperity Avenue, vacated in Council File number 84-402 and document number 2224803; thence South 89 degrees 54 minutes 16 seconds West, assumed bearing, on the north line of East Magnolia Avenue 49.84 feet, to the west line of a 35 foot wide sanitary sewer easement, as per document number 222�}803; thence North 13 degrees 51 minutes 18 seconds West, along said west line of the 35 foot wide sanitary sewer easement, 37.74 feet, to the point of beginning; thence continue along said west line, North 13 degrees 51 minutes 18 seconds West 82.88 feet; thence northeasterly along a non-tangential curve, concave to the southeast, having a chord bearing North 10 degrees 49 minutes 39 seconds East, a chord distance of ll5.95 feet , a radius of 605.00 feet and a central angle of 10 degrees 59 minutes 42 seconds, for an arc distance of 116.10 feet to the east line of vacated Prosperity Avenue; thence North 13 degrees 51 minutes 18 seconds West 32.98 feet along said east line, to the southeasterly line of Prosperiry Avenue; thence North 34 degrees 43 minutes 42 seconds East 19.18 feet, atong said southeasterly line of Prosperity Avenue; thence South 48 degrees 21 minutes 46 seconds West 140.99 feet; thence South 41 degrees 27 minutes 06 seconds East 41.76 feet; thence on a tangenrial curve, concave to the southwest, having a radius of 413.08 feet, and a central angle of 19 degrees 13 minutes 15 seconds, for an arc distance of 138.58 feet to the west line of said sanitary sewer easement, the point of beginning. See attached map. The purpose of this vacation is to honor an agreement that obligated the City to convey to Jerry's Enterprises, Inc. the property to be vacated. CTTY OF St1INT PAUL STATE OF MINNESOTA ) By Vt �� ) ss. Mayor COUNTY OF RAMSEY ) The foregoing ins was aclmowledged before me this � �L �" day of � i�hl..� , 1999 by SuS�,� �;, m r�t�� Mayor of the City of Saint Paul, municipal cozporation under the laws of the State of Minnesota. M If JEAN R. KARPE � � �Y �� NOTARYPUBUC MINNESOTA � �� ` ,>, �� '^=' MY Cwnm Expves Jan 31, 2000 Notary Public �`� � 0 � � aq-ns�l Interdepartmental Memorandum CITY OF SAINT PAUL sss� � � �nr To: All Council ��bers From: Peter White � �� Right of Way Bngineer 140 City Hall Date: July 13, 1999 �t��e� �i,�„ '�a��t�e��aca�iir��?F�r��99�^,� �'.�'s �.... n...., �.. ,_�.m. �� ,:, I recommend a public hearing before the City Council be held on ��#- �99?�; The purpose of this heazing is to consider a petition to vacate a part of Johnson Pazkway lying northerly of Magnolia Avenue and southerly of Prosperity Avenue. This property is located in City Council District �, Planning District &o The subject petition is in proper form and has been signed by the requisite number of property owners. cc: Shari Moore (799date) . .. - DEVELOP?�1ENT AGREE?�4ENT �� `� sy THIS DEVELOPA4ENT AGREE'�1ENT is made and entered into this �G�Y11'1'�t/ 3 1998 by and bzi�i 3ERRY'S ENTERPRISES, II�C., a A�innesota corporation (°Jeny's') and ?HE CITY OF SAI\T PAL (`City'). RECITALS A. On June 27, 1997, Jerry`s, City and the Housing and Rede��elopment Authority of the City of Saint Paul, A4innesota (the "HRA") entered into a Purchase A�reement (the "Purchase Agreemenr') by «�hich Jerry's a�reed to sell to the HRA an approximately 21 J acre ponion (the `HRA Site") of the Phalen Shopping Center ("Phalen Center'). Jzrry's has con��e}�ed the HRA Site to the HRA by Limited WaiTanty Deed dated June 27, 1997. B. As a part of the consideration for the sale of the HRA Site and in connection �a�ith construction of the Ames Lake VJetiand, the City agreed to construct a reali�ned Prosperity Avenue and perform other work for the benefit of both the HRA Site and the balance of Phalen Center all in accordance with Paragraph 7(a) of the Purchase Agreement. C. The City has prepared and Jerry's has revie�t>ed and commented on the Plans and Specifications for Phalen Village Public Improvements, City Project 98-P-1163, last dated August 3, 1998 (the "City Plans"}. D. Jerry's and the City now desire to memorialize their agreement on the development work to be performed by the City for the benefit of Phalen Center. NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and agreements contained herein, Jerry's and the City hereby agree as follows: 1.) Prooerty Develooment - The City agrees to construct, perform and install all improvements described in the City Plans as modified by the Phalen Village Development Plan prepared on behalf of Jerry's by Ingraham & Associates last dated October 20, 1998 (the "Jerry's Development Plan") and in accordance r�7th the provisions of this Development Agreemeni (the work to.l�e performed in accordance with the City Plans, the Jerry's Development Plan and this Development Agreement is referred to herein as the "�T��ork"). The cost of the Work (except as specifically provided herein) shall be paid entirely by the City and shall not be assessed in whole or in part, a�ainst Phalen Center. 2.) Curb Cuts -The City shall construct the curb cuts from Prosperity Avenue and CIarence Avenue to the "Shopping Center" and the "Northerly Commercial Lots" as shown on the Jerry's Development Plan. The City Plans for the Work, including curb cuts, planting, �.�.-'�S'� li�htin�, utility and other construction shall be re��ised to reflect the chan�es sho�a•n in the Jen}�'s. Development Plan by No� zmber 30, 1998. Tl�e \�'ork, including curb cuts, lighting, utility and other construction shall be completed on or before September 24, 1999. The City shaIl comp]ete all planting including boule��azd trees on or before i�'o��ember 1, 1999 and complete u�etland area planting on or before June 15, 2000. Jerry's shall be pennitted to construct, at 3erry's expense, curb cuts from A�agnolia A��enue to pro��ide dri�•e�;�ay access at the south��est azld southeast comers of the Shopping Center. Jeny's shall also be pemiitted to construct, at Jerry's eapense, firture curb cuts on Rose A�•enue at ti�e ]ocation sl�o�zn on the Jerry's De��elopment Plan. The ��ork shall be perfonned in conjunction ��ith the submission of an appro��ed sketch plan. Jerr;�'s shall be permitted to retain the ezisting curb cuts and access to the l�endy's parcel. 3.) Prosnerih� A��enue Left Tum Lane - In addition to the northbound and southbound median cuts and left turn lanes sho« in the City Plans, the City shall construct a full access median cut and lef[ tum lane for traffic dzsirin� to tum lefr into the I�'ortherly Commercial Lots at an appro�imate station point of 7+ I� as sho«n on the Jerry's Development Plan. Said full access median cut and left tum lane is to b� desianed to allow fu11 northbound and southbound turning movements at tl�at location. The iu11 access median cut and left tum lane shall be completed by September 2�, 1999. 4.) Pvlon Sien - Jzrry's shall remo�•e the existin� shopping center pylon sien o�aled by Jerry's which is located in the Prosperity A��enue right-of-way at station point 6+ 25 at no cost to the City. Removal of the sien shall be completed by September l, 1999. 5.} Johnson Avenue Turnback - On or before September 24, 1999, the City shatl convey to Jerry's by deed flie portion of the former Johnson Avenue right-of-way sho�m on the Jerry's Development plan. 6.) Slope Easements - The City shall amend the slope easements as shown on City Map PV 1000 by February 11, 1999 to limit the azea covered by the siope easements to the actual as-built azea in the Northerly Commercial Lots used for slopes beriveen the retaining ��a11 and the Prosperity Avenue right-of-�i�ay. 7.) Commercial Lots Site Work - The parties intend that the Work on the Northerly Commercial Lots is to fill and grade such properiy in a manner as shown on the Jerry's Development Plan and to reduce the extent of slope easements associated wnth construction of Prosperity Avenue and to allow the land to be in a condition suitable for economic de��elopment by Jerry's. The Work to be performed by the City on the Northerly Commercial Lots described above shall include: (a) Removai of trees, clearing and grubbin� of the Northerly Commercial Lots, excluding the Wendy's pazcel, by December 1 l, 1998 in prepazation for filling and grading; (b) Removal of existing asphalt paving by December 11, 1998 as needed to grade and fill the Northerly Commercial Lots; 2. c��-�1s� (c) Installation of fill on and roueh grading (��ithin one (1) foot of the contours sho�jn- on the Jerry's De�•e]opment Plan) of the I�TOnherly Commercial Lots by December 11, 1998 to obtain tl�e mazimum slopes as sho��n on the Jerry's Deeelopulent Plan. Acceptable fill material shall meet the criteria contained in the pro}ect maimal prepared as a part of the City Plzns. Fine gradin� shall be completed by June 1�, 1999; (d) Seed the 2�'ortherly Conunercial Lots (except for the improti�ed portion of the ��endy's parcel) by September 2°�, 1999 as specified in the project manual; and (e) Installation of sanitary and storm se��er stubs in accordance ��ith the City Plans. Jerry's shall contract for and install retaining «�aTls as needed to create the required s]opes on the I�iortherly Commercial Lots. The City shz11 promptly reimburse Jerry's for the first Ten Thousand and no/100 Doliars (510 of the cost of retaining u�all installation. The CSty and Jerry's shall coordinate installation of fiil and the retainin� �*��alls to minimize cost and a��oid duplication of work. 8.) Oneoina Susiness Operations - The City acl:nowied�es that Jeny's �i>ill continue to operate its retail grocery business from a ponion of Shopping Center and, as such, the City a�rees that all work to be performed on the Shopping Center shall be done in such a manner as to minimize interference with 2rocery store customers and employees and to permit and maintain access at all times during construction to the Shopping Center in a manner commensurate with that required for ongoing commercial use. 9.) Future Tumback Parcel - The parties acknowledge that they City Plans and the 7erry's Development Plan do not contemplate road modifications to existing Prosperity Avenue at the Ciarence Street and Rose Avenue intersections. However, the City agrees that when road construction is completed at those locations, the City shall convey to Jerry's by deed that portion of the Prosperity Avenue right-of-way desigiated as "Tumback Area" on the Jerry's Development Pian. 10.) Purchase Aereement Ratification - Except as specifically modified by this Development Agreement, the City and Jerry's ratify and affirm the development provisions of Paragraph 7 contained in the Purchase Aezeement. Jerry's hereby extends the August 31, 1998 deadline for completion of work contained in Pazagraph 7(a) of the Purchase Agreement to the respective dates for completion of the Work contained herein provided the City timely performs each of its obligations under this Development Agreement. Jerry's expressly reserves any claim it may have against the City for failure to timely perform its obligations under the Purchase Agreement if the City fails to complete the Work in the manner and at the times required hereby. I 1.) Indemnification - Each party shall indemnify and hold harmless the other from claims or demands which arise out of the performance of the Work by the indemnifying parry or its contractors, subcontractors, employees or agents. 12.) Notices - Any notice required or permitted to be given hereunder shall be given in the manner required by Paragraph 11 of the Purchase Agreement. � �°� -1 S''� 13.) Controllins Law - This De�•elopment Agreement has been made under, and ��ill be interpreted and controlled by, the la�•s of the State of Minnesota. 14.) Assi2nment - The City may not assign its obli�ations under this Aevelopment Agreement without the prior w�ritten consent of 3erry's. 1�.) Bindine Effect - This De��elopment A�reement binds and benefits the City and Jerry's and their respecti��e successors and assi2ns. P�I WITI�TESS \�'HEREOF, City znd Jei�y's have e�ecuted this De��elopment Agreemer.t as of the day and }'ear first above «ritten. . JERRY' S: JERRY'S ENTERPRISES, INC. By: , Its: P 'd CITY: CITY OF SAINT PAUL Approved as to form: ��s� � �� Assistant City Attorney � & Management Services 0434835.01 � B �---r� �� s Direc or, Department of Finance ��. � , . � i � � � � � � m . � r. � � �a a`� i �� c�_�S� D � m n -i O W m < a � � m v -i � � � � m Z 0 � � cc co ,. �� - CERTIFICATE OF INTENDED NON-USE � r� S� THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CPI`Y OF SAINI' PAUL In the Matter of Vacation File # 7-1999 The undersigned hereby certifies, on behalf of the indicated department or company, that it does not intend to exercise its utility rights in the realty described below: that part of Johnson Parkway lying southerty of Prosperity Avenue and northerly of Magnolia Avenue, as shown on the attached map and as described on Attachment "A", also attached. exceptasherenoted: `�� (�,}�� j� Q�� I� —�'G1,1S �(��'�IQY� � US West Communications Its /`��,.lC �ro�c�-�� s^�a.,,,� � � COiUkallO > nxnrn�oa ) >�'cc"` �� --�"'" — a Signature Thefoxegoinginsttvmentwasacknowledgedbefotemethis �� dayof L��Pi / , 199�9 b / lrilfr� �TO �� .the V I�"� ��'WtCt^�L G� of � S LJc.°5� ' �.... w ,�i��s�S�°,`a Ge(of� C�t�O under the laws of the Siat` .. �vr' . 0 _*.� Np7Aqy Notary li, a ahoe oun , olorado. _ ' �►�! • � � • � N ' p(/B�„�G :OQ` My caxnmission expires � `�' �/ `. ':�T.o' • ::wp: ** Please retur"f��,},�, „�� inal copy to 140 City Hall, St. Paul, MN 55102 ** My Commission Facpisea Oct 12 2902 , c��_�S`f TMS F��E No. 7-1999 ExH�BIT "A" All that part of Johnson Parkway lying North of East Magnolia Avenue and South of Prosperity Avenue described as follows: Commencing at the intersection of the north line of East Magnolia Avenue with the east line of Prosperity Avenue, vacated in Council File number 84-402 and document number 2224803; thence South 89 degrees 54 minutes 16 seconds West, assumed bearing, on the north iine of East Magnolia Avenue 49.84 feet, to the west line of a 35 foot wide sanitary sewer easement, as per document number 2224803; thence North 13 degrees 51 minutes 18 seconds West, along said west line of the 35 foot wide sanitary sewer easement, 37.74 feet, to the point of beginning; thence continue along said west line, North 13 degrees 51 minutes 18 seconds West 80.90 feet; thence North 10 degrees 49 minutes 39 seconds East 115.95 feet to the east line of vacated Prosperity Avenue; thence North 13 degrees 51 minutes 18 seconds West 32.98 feet along said east line, to the southeasterly line of Prosperity Avenue; thence North 34 degrees 43 minutes 42 seconds East 19.18 feet, alone, said southeasterly line of Prosperity Avenue; thence South 48 degrees 21 minutes 46 seconds West 140.99 feer, thence South 41 degrees 27 minutes 06 seconds East 41.76 feet; thence on a tangential curve, concave to the southwest, having a radius of 413.08 feet, and a central angle of 19 degrees 13 minutes 15 seconds, for an arc distance of 138.58 feet to the west line of said sanitary sewer easemen[, the point of be;inning. a •' �� CERTIFICATE OF INTENDED NON-USE . G�c�'2 S �j THE HONORABLE MAYOR AND MEMBERS RECEIVED oF � courrc�. oF � MAY fl 7 lggg ��e Matter of CITY OF SAINT PAUL Vacauon File # 7-1999 REAL ES7ATf DIVISN3N The undersigned hereby certifies, on behalf of the indicated department or company, that it does not intend to exercise its utility rights in the realty described below: that part of Johnson Parkway lying southerly of Prosperity Avenue and northerly of Magnolia Avenue, as shown on the attached map and as described on Attachment "A", also attached. except as here noted: `(� (i �'l� Northern States Power Co. �- -. MINNESOT3 � r, i�b�/ > Signature HENNEPIN � The foiegoing iustrument was acimowledged befoie me tivs 5 th day of �3' 199yG b Vera o y Northern States Power Company under the laws of the State of iVIinnesota 5 �� MARGARET RA. MAfiHS � 3 > NOTARYPI�tJC-ApNNESOtA 2 AA' Camm'ssion fxp'aes Jan. 31. �70 �+ n real estate representative Plinnesota �py�.yy,� F' ** Please return this original copy to 140 City Hall, St. Pau{, MN 55102 "* ��`�� TMS F►�E No. 7-1999 ExH�stT "A" A11 that part of Johnson Parkway lying North of East Magnolia Avenue and South of Prosperity Avenue described as follows: Commencing at the intersection of the north line of East Magnolia Avenue with the east line of Prosperiry Avenue, vacated in Council File number 84-402 and document number 2224803; thence Souih 89 degrees 54 minutes 16 seconds West, assumed 'oearing, on tne nonh une of East Magnolia Avenue 49.84 feet, to the west line of a 35 foot wide sanitary sewer easement, as per document number 2224803; thence North 13 degrees 51 minutes 18 seconds West, along said west line of the 35 foot wide sanitary sewer easement, 37.74 feet, to the point of beginning; thence continue along said west line, North 13 degrees 51 minutes 18 seconds West 80.90 feet; thence North 10 degrees 49 minutes 39 seconds East 115.95 feet to the east line of vacated Prosperity Avenue; thence North 13 degrees 51 minutes 18 seconds West 32.98 feet along said east line, to the southeasterly line of Prosperity Avenue; thence North 34 degrees 43 minntes 42 seconds East 19.18 feet, alone, said southeasterly line of Prosperity Avenue; thence South 48 degrees 2: :.:�:,ntes 45 seco.,ds �Jest .4�.47 feei; ihence South 41 degrees 27 minutes 06 seconds East 41.76 feet; thence on a tangential curve, concave to the southwest, having a radius of 413.08 feet, and a central angle of 19 degrees 13 minutes 15 seconds, for an azc distance of 138.58 feet to the west line of said sanitary sewer easement, ffie point of beginning. � CERTIFICATE OF INTENDED NON-USE _ - �� iS �( THE HONORABLE MAYOR AND MEMBERS OF THE COi3NCII, OF THE In the Matter of C1TY OF SAINT PAi3L Vacation File # 7-1999 The undersigned hereby certifies, on behalf of the indicated depamnent or company that it does not intend to exercise its utility rights in the realty described below: that part of Johnson Parkway lying southerly of Prosperity Avenue and northerly of Magnolia Avenue, as shown on the attached map and as described on Attachment "A", also attached. except as here noted: The Water Utility DOES intend to exercise its utility rights in that part of Johnson Parkway lying southerly of Prosperity Avenue and northerly of Magnolia Avenue and as described in Exhibit "A". Water Utility Bernie R. Bullert ItS General Manager MINNESOTA RAMSEY > �,�� > Signature ) The foiegoing instcument was aclmowledged befoie me tivs 16 th day of ApTll , 8Q@$ by Bernie R. Bullert �, General ManaQer o p the Saint Paul Water Utility , municipal corporation of the Cit� of Saint Paul under the laws of the Sta[e of btinnesota. x . �. SHIRLEYA.JONES <= NOTARY PU9LIC-HINNES�TA Z RAMSEYCOUN'R' � My Comm. Expf�es Sen. 31, 2000 A�YV�NVWWW`/WWVVWVVWWWWVW • ** Please return this original copy to 140 City Hall, St. Paul, MN 55102 " * ,. �[q _� TMS F��E No. 7-1999 EXHIBIT "A" All that part of Johnson Parkway lying North of East Magnolia Avenue and South of Prosperity Avenue described as follows: Commencing at the intersection of the north line of East Magnolia Avenue with the east line of Prosperity Avenue, vacated in Council File number 84-402 and document number 2224803; thence South 89 degrees 54 minutes 16 seconds West, assumed bearing, on the north line of East Magnolia Avenue 49.84 feet, to the west line of a 35 foot wide sanitary sewer easement, as per document number 2224803; thence North 13 degrees 51 minutes 18 seconds West, along said west line of the 35 foot wide sanitary sewer easement, 37.74 feet, to the point of beginning; thence continue along said west line, North 13 degrees S1 minutes 18 seconds West 80.90 feet; thence North 10 degrees 49 minutes 39 seconds East 115.95 feet to the east line of vacated Prosperity Avenue; thence North 13 degrees 51 minutes 18 seconds West 32.98 feet along said east line, to the southeasterly line of Prosperity Avenue; thence North 34 degrees 43 minutes 42 seconds East 19.18 feet, alone, said southeasterly line of Prosperity Avenue; thence South 48 degrees 21 minutes 46 seconds West 140.99 feet; thence South 41 degrees 27 minutes 06 seconds East 41.76 feet; thence on a tangential curve, concave to the southwest, having a radius of 413.08 feet, and a central angle of 19 degrees 13 minutes 15 seconds, for an arc distance of 138.58 feet to the west line of said sanitary sewer easement, the point of beginning. � � r' a � U Q O � Z W W m J O LL f" N � � Q �� d � � 3 � � � � �� ,�� 4' 6'• �� `Yl � � 0� > Q Q� �' � -�-' � � n� � Q �n o d � W � v a�v � � �,p�° 1 o�ti'�� S / �\�� i �� ' I / � e � V d O � � � � -, d � S -!-' -!-' � � O d zw N � �� ? Y 31 �. � � d cj��' �o- e � � �- u� � � � �o-� Q o-�� o'� �� o� i � `i . N .. . . � . 6� . " . Z O� " W �"�5�=- �, � � - �� , � q s � - Q . ' _ _ " J � �a - _ ` � - S _ ,.. �, a '° � -- o �i � - � - Q ` � '='; �— - 01`,�� :� `. w-. i: : _ y , . . � . ' _ - � " . . v��E LL- . V;. - � . -' _ - s O _:. ,... � `_ - . " �i`:i �r - - ' : . u; ';,;: ASB.99 - � . �.'. , _ � � .. �O - _ . . - - •F -., � _ � � OZf � �` ��' �9'091 ._..__._._.,._. .-- — -------.___...._..___w,____. __. _ .�_,� _..., .. . � bZ J • _ ' - �; ' � � ,. , _ ..., _, \. - -� . .: - ;�;' o � `�\"`,^ '_ .. ' ,_._...� �: ° .,_... . .._.._.{ � ...,_. :.j.�,. _ .,, .,r�.� , y�4Z � :_�_. ��..�.�. .�,-_;_._�.� • � i � ` � �� ..'.� , � O ^t .99 - ' ' � > ` = Q� � � � i .� ; s � __.—._a.__., _,_ — --�__ .. ; � -.---- ; s _.,_�� ____ _ __._--_______ °�. ,^,� � � °'� ; ` ' P - ` � v 6 ., � rai � \ _,... _ , � -�+_..— - ---- - , " {p _ _ _ _ . _ Y� : . , / , � - '- � -_ �- - �-- ., - � � ` . � - I �\_� A F � _ ` 4 • fV � 8y�� ``.. � . . _ � , f � y - r , I^ \p �. •,,�4 _._._ _'_..__. _" "' _", •_'_"__"'—"_""� m `! �� -�C\ . �s� . ~ e. . m � ' ! � . � � , q � F.� � 1 V' N " � Gj � O- /✓ oS. j . S ..� . �.._�_._ � �� p � �... ~`. �'•..,t. •w.-.__._ ag _ .___`�__._._____.. f, _.._..... . : ! � N v l� ` �s��.�g� �,� f''�._ / ' � ' 3Ad VI�ON+JVW 3 �V-�4£#'_" , , y �� ` ' � �_.� ______— ;�,.:_ �'v ��8,. .. ��ry�° e� v � 19 • �'+,� , s1 3 5g ...--•" _ " m . -^� C ' �c��;� J� 6 £'Sll - �y0.6a � _��M� V Q n N '°� ��""''.. •. _ ""�" �- ..... , 3� !r � � � �'�- 1 �• �, M9 �'._9 r*� ' V � � � � F.,.�s�w � .._ ' . - 1 dh ! > � . 0 a � N N �� i �- -_ a '� l , O � � . � � ' V � a � �' Q , , � \ � � � ` � � Q� q ti : ' . - � \ 1 \. � - , � U '� � � Q '� � y p a m �.° ; m • , , � � � �� n � � h � % S � �� ' °�- i � a�a� rr •a � � _ � I � •a . _, � �� CERTIFIGATE OF INTENDED NON-USE �t`� TI�E HONORABLE MAYOR AND MEMBERS OF THE COUNCIL, OF THE Tn the Matter of CIT1' OF SAINT PAUL Vacarion File # 7-1999 The undersigned hereby certifies, on behalf of the indicated department or company, that it does not intend to exercise its utility rights in the realty described below: that part of Johnson Parkway lying southerly of Prosperity Avenue and northerly of Magnolia Avenue, as shown on the attached map and as described on Attachment "A", also attached. except as here noted: „ �'vZ �vL � � Ah� w2 �� '1�2G c� (��tJ� ' c�t�'..i �5. N.S.P. - Gas Distribution $r� �, - ('-f� c 4 �c Its �ct5 � : � r . MIlVnES4T_A RAMSEY The S by of ) > ) F � ' as f �c tti.sc ��,, c�.. -4(� 5 �U'J /r:d r �� `� � C� C� T"c i � ti �� /�7 C e G-_� �- Signature was aclmowledged before me this �( day of 1''a ✓G � — � C..� .fI1C � . ✓( f�'Z (! a C +JA C� undzr the ]aws of the S[ate of Minnesota. My commission expues !/�� C� O �a o O N N Q ? � � � � Z ' 0 W— j��w� L>`E x =. � *" Please return this original copy to 140 City Hall, St. Paul, MN 55102 ** ., _� : . °C`l -�-5`� TMS Ft�� No. 7-1999 EXHIBIT "A" All that part of 3ohnson Parkway lying North of East Magnolia Avenue and South of Prosperity Avenue described as follows: Commencing at the intersection of the north line of East Magnolia Avenue with the east line of Prosperity Avenue, vacated in Council File number 84-402 and document number 2224803; thence South 89 degrees 54 minutes l6 seconds West, assumed bearing, on the north line of East Magnolia Avenue 49.84 feet, to the west line of a 35 foot wide sanitary sewer easement, as per document number 222�k803; thence North 13 degrees 51 minutes 18 seconds West, along said west line of the 35 foot wide sanitary sewer easement, 37.74 feet to the point of beginning; thence continue along said west line, North 13 degrees 51 minutes 18 seconds West 80.40 feet; thence North 10 degrees 49 minutes 39 seconds East 115.95 feet to the east line of vacated Prosperity Avenue; thence North 13 degrees 51 minutes 18 seconds West 32.98 feet along said east line, to the southeasterly line of Prosperity Avenue; thence North 34 degrees 43 minutes 42 seconds East 19.18 feet, alone, said southeasterly fine of Prosperity Avenue; thence South 48 degrees 21 minutes 46 seconds West 140.99 feet; thence South 41 degrees 27 minutes 06 seconds East 41.76 feet thence on a tangential curve, concave to the southwest, having a radius of 413.08 feet, and a central angle of 19 degrees 13 minutes 15 seconds, for an arc distance of 138.58 feet to the west line of said sanitary sewer easement, the point of beginning. o�i w rn Q r U a o> zW w 00 � o IL F'" N W � �a ._ . �v CERTiFiCATE OF INTENDED NON-USE ��1 _�-� � THE HONORABLE MAYOR AND MEMBERS OF THE C�UNCIL OF THE CITY OF SAINT PAUL In the Matter of Vacation File # 7-1999 The undersigned hereby certifies, on behalf of the indicated department or company, that it does not intend to exercise its utility righrs in the realty described below: that part of Johnson Parkway lying southerly of Prosperity Avenue and northerly of Magnolia Avenue, as shown on the attached map and as described on Attachment "A", also attached. except as here noted: DISTRICT ENERGI' ST. PAUL, INC., AND DISTRICT COOLING ST. PAUL, INC., NAVE NO EQUIPMENT IN THE AREA TO BE VACATED AND HAVE NO OBJECTION T� THE VACATI�N. District Energy and Cooling St. Paul, Inc. ��u��tiesore i > RAMSEY � by of Its (� r i �n-� i� [%� ,�� Signature The foregoing instrument was acknowledged before me this �� ' day of /! 1 G-�'e� , 199�8 5'j`� l�'a+�f[� 1MC � under the laws of [he State of M�nneso[a • �nMMMA/�/�1NMA/�MMAMMAMM�R < TRUCY L. SHERWOOD <: �,., �. 4:;ry°,Kg NQTAAY ^rUELiC-MSNtiESOTA z �y`1„S� WASHING�QNC�UNN 2 My Cemm. Expfres Jan. 31, 2000 • vvwWVVV:. �. �� ww'/vV V V W V VVWVW • ��Q., o�� Notary Public, Ramsey Coun � nesota My commission eapices � 0..� , 3� a O� p ** Please return this original copy to 140 City Hall, St. Paul, MN 55102 ** CERTIFICATE OF fNTENDED NON-USE THE AONORABLE MAYOR ANU MEMBERS OF T`HE COL3NCIL OF T`HE CTI'I' OF SAINT YAUL � � _ � In the Matter of Vacation File # 7-1999 The undersigned herehy certifies, on behalf of the indicated department or company, that it does not intend to exercise its utility rights in the realty described below: that part of Johnson Pazkway lying southerlp of Prosperity Avenue and northerly of Magnolia Avenue, as shown on the attached map and as described on Attachment "A", also attached. except as here noted: MINNESOTA > MediaOne Its C.�C��t,c.�� Signatur D�ota ) � ^ The foregoing ins4vment was aclaowledged before me this �_ day of �� , 199� bY �`Itr/'��/l I .the �L30�`:.nC�D� � W1.v.�L, k0� a under [he laws of the Sfate of Minnesota a � JUf1� }$- 0�2 �prt,ar Ruauc-��wesos� ,pq�psEr couw'c'` Notary Public, Bs as C y, nn ��, �y9een ien. 31. 2000 �Z <„ , y � My commission er.p'ues r I TL� — ��7 fJ � "" Please return this original copy to 140 City Hall, St. Paul, MN 55102 ** V / �.� -�S TMS F��E No. 7-1999 EXHIBIT "A" All that part of Johnson Pazkway lying North of East Magnolia Avenue and South of Prosperity Avenue described as follows: Commencina at the intersection of the north line of East Magnolia Avenue with the east line of Prosperity Avenue, vacated in Council File number 84-402 and document number 2224803; thence South 39 degrees 54 minutes 16 seconds West, assumed bearing, on the north line of East Magnolia Avenue 49.84 feet, to the west line of a 35 foot wide sanitary sewer easement, as per document number 2224803; thence North 13 degrees 51 minutes 18 seconds West, along said west line of the 35 foot wide sanitary sewer easement, 37.74 feet, to the point of beginning; thence continue along said west line, North 13 deg�ees 5] minutes 18 seconds West 80.90 feet; thence North 10 degrees 49 minutes 39 seconds East 115.95 feet to the east line of vacated Prosperity Avenue; thence North 13 degrees 51 minutes 18 seconds West 32.98 feet along said east line, to the southeasterly line of Prosperity Avenue; thence North 34 degrees 43 minutes 42 seconds East 19.18 feet, alone, said southeasterly line of Prosperity Avenue; thence South 48 degrees 21 minutes 46 seconds West 140.99 feet; thence South 41 degrees 2� minutes 06 seconds East 41.76 feet; thence on a tangential curve, concave to the southwest, having a radius of 413.08 feet, and a central angle of l9 degrees 13 minutes 15 seconds, for an azc distance of 138.58 feet to the west line of said sanitary sewer easement, the point of beginning. `�-�1.5 y ST. PAUL CITY COUNCIL ��`=`�cK' ~�zsPar:�a� ca:::�r PUBLIC HEARING IVOTICE ,�JL 1� 1�99 STREET/ALLEY VACATION CrrY Coulvcu. WA� # 2 _ . _ __: PLnNN�rc DrsTTUCT # 6 NANCY ANDERSON COUNCIL RESEARCH 310 CITY HALL PURPOSE PETITIONER HEARING �,E No. 7-1999 TO CONSIDER A PEITTION TO VACATE: Ali that part of Johnson Pukway lying North of East Magnolia Avenue and South of Prosperity Avenue described as follows: Commencing at the intersection of the north line of East Magnolia Avenue with the east line of Prosperity Avenue, vacated in Council File number 84-402 and document number 2224803; thence South 89 degrees 54 minutes 16 seconds West, assumed bearing, on the north line of East Magnolia Avenue 49.84 feet, to the west line of a 35 foot wide sanitary sewer easement, as per document number 2224803; thence North 13 degrees 51 minutes 18 seconds West, along said west line of the 35 foot wide sanitary sewer easement, 31.74 feet, to the point of beginning; thence continue along said west line, North 13 degrees 51 minutes 18 seconds West 82.88 feet; thence northeasterly along a non-tangential curve, concave to the southeast, having a chord bearing North 10 degrees 49 minutes 39 seconds East, a chord distance of 115.95 feet , a radius of 605.00 feet and a central angle of 10 degrees 59 minutes 42 seconds, far an azc distance of 11610 feet to the east line of vacated Prosperity Avenue; thence North 13 degrees 51 minutes 18 seconds West 32.98 feet along said east line, to the southeasterly line of Prosperity Avenue; thence North 34 degrees 43 minutes 42 seconds East 19.18 feet, along said southeasterly line of Prosperity Avenue; thence South 48 degrees 21 minutes 46 seconds West 140.99 feet; thence South 41 degrees 27 minutes 06 seconds East 41.76 feet; thence on a tangential curve, concave to the southwest, having a radius of 413.08 feet, and a cenual angle of 19 degrees 13 minutes 15 seconds, for an arc distance of 138.58 feet to the west line of said sanitary The City of Saint Paul on behalf of the Department of Public Works The Council will conduct a public hearing on this vacation on Wednesday, Au¢ust 4. 1499 in the Council Chambers on the third floor of City Hall. Public Hearings begin at 5:30 P.M. �UESTIONS I Ca11266-8850 and refer to the file number above. City staff will be available unti14:30 in Zp�gg e�osauuiw `�ned �uie� asnoH �ano� - ��eH �!� Ob L tuoo= saainaag;uawa6euew pue I(6o�ouyaal;o •;da— uo�sin�p a�e}s3 �eaa �C 666L `EL �In� :;uas saai�� tpa4�e�1e) db� �c`�`�S� NOTICE OF PUBLIC HEARING Notice is hereby given that the petition of the City of Saint Paul for the vacation of a part of Johnson Parkway lying North of East Magnolia Avenue and South of Prosperity as more fully described on file and on record in the office of the City Clerk of Saint Paul, Minnesota, will be heard and considered by the Saint Paul City Council at a meeting to be held in the Council Chambers on the 3rd floor of City Hall and Court House on the 4th day of August, 1999 at 5:30 P.M. Dated July 13,1999 Shari Moore Deputy City Clerk (July 15, 1999) ir�P'..t�''.'"r,� . ...;;�af>::t'; `.. : .. _,. , J!lL�� { �_._....