86-1037 WHITE - C�TV CLERK
PINK - FINANCE I COUACII p
cANA,� _ oe�ARTMEN'T I GITY OF SAINT PAUL File NO. OG-/6�`J
BLUE - MA'hOR
Counc ' Resol tion 3g
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Presented By `
Referred To I Committee: Date
Out of Comm� tee By Date
RESOLV D that upon the petition of Space Center, Inc. per
File No. 11-1986, those parts of Grove, Willius, Eighth and
Ninth St eet and the alley in Block 9, Kittson' s Addition in
the areal bounded by Grove, Willius, John and Seventh Streets . .
hereinaft r described be and the same are hereby vacated and
discontin ed as public streets and alley:
Parcel 1 �
All Ihat part of Grove Street lying westerly of the north-
easterly ine of Willius Street extended northwesterly and all
that part of lOth Street and said Grove Street lying easterly
of a lin running �rom i.he sou�hwes-� corner of Lot 5, Block
3 , Bass ' Addi�ion to �he Town of St. Paul to a point on the
northweste ly line of Block 9, Kittson' s Addition to St. Paul,
said poin being designated as point "A" which is described
as follows�
Begin ing at the most Easterly corner of Lot l, Block 9
of s id Kittson' s Addition; thence North 34 degrees 13
minut s 44 seconds West along the Northeasterly line of
said ot 1 a distance of 68. 79 feet, more or less, to its
inter ection with the South line of Grove Street; thence
Southl89 degrees 24 minutes 55 seconds West along the
South line of Grove Street a distance of 56. 31 feet more
or 1 ss to its intersection with the Northwesterly line
of sa'd Block 9 ; thence South 55 degrees 44 minutes 47
secon s West along said Northwest line a distance of 44 . 62
feet point "A" and there terminating.
Parcel 2
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All th t part of Willius Street lying southeasterly of
the s utherly line of Grove Street and northwesterly of
COUNCILME(Y Requested by Department of:
Yeas Nays
Drew Finance & Mana eme t Ser ices
Nicosia ln Favor �
Rettman �
Scheibel
Sonnen __ Ag8ltiSt BY
Tedesco
Wilson
Form Appr Qved 'ty Attor ey
Adopted by Council: ate ���`�
Certified Passed by Counci Secretary By � /���
gy,
Approved by ;Mavor: Date _ Appr v y Mayor for Submis n t ounci�..-
ey _ _ _ By
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sout � easterly line, extended northeasterly, of Lot 1,
Bloc 24, Kittsons Addition to St. Paul.
Parcel 3
All � at part of East 8th Street lying between the North-
eastq ly line of Lafayette Road and the southwesterly line
of Wii lius Street;
Parcel 4 I
Excepl the southeasterly 18 feet and except the North-
weste ly 18 feet all that part of East 9th Street lying
North asterly of the Northeasterly line of John Street
and S uthwesterly of a line drawn from point "D" to
pointi "E" . The location of said point "D" is determined
by be inning at a point on the Southwesterly line of
Lot 5 � of Block 10 of said Kittson' s Addition extended
South asterly to its intersection with a line drawn
paral el and 18 feet perpendicular from the South-
easte ly lines of Lots 5, 6, 7 and 8 of said Block 10;
thence North 55 degrees 38 minutes 30 seconds West along
said line drawn parallel to said Southeasterly lines
of sai� Lots 5, 6, 7, and 8 a distance of 168 . 29 feet
to poii t "D" . The location of said point "E" is deter-
by be� inning at a point on the Southwesterly line of
Lot 4 ! f Block 17 of said Kittson' s Addition extended
Northw sterly to its intersection with a line drawn
parall 1 to and 18 feet perpendicular from the North-
wester� y lines of Lots l, 2, 3 and 4 of said Block 17 ;
thence� North 55 degrees 38 minutes 30 seconds East along
said l� ne drawn parallel to the Northwesterly line of
Lots 1 2, 3 and 4 of said Block 17 a distance of
172 . 69 '� feet to point "E" .
Parcel 5
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Except the Southeasterly 19 feet and except the North-
wester]�y 19 feet all that part of East 9th Street lying
Southwdsterly of the Southwesterly line of Willius Street
and Nor, heasterly of a line from from point "B" to point "C" .
The lod tion of said point "B" is determined by beginning at
the mos� Northerly corner of Lot 8, Block 9, Kittson' s
Additia , thence South 34 degrees 13 minutes 44 seconds East
a dista�, ce of 119 feet along the Northeasterly line of said
Lot 8 e tended Southeasterly to its intersection with a
line dr'� wn parallel to and 19 feet perpendicular from the
Southea terly lines of Lots 5, 6, 7, and 8 of said Block 9 ;
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then�e South 55 degrees 44 minutes 47 seconds West along
said �line drawn parallel to the Southeasterly line of
said ! ots 5, 6, 7 and 8, a distance of 198 .25 feet to
point� "B" . The location of said point "C" is de-termined
by bq inning at the most Southerly corner of Lot 5,
Blocki 18, of said Kittson' s Addition; thence North 34
degre! s 15 minutes 13 seconds West along the Southwesterly
line � f said Lots 5 and 4 extended Northwesterly a
dista ce of 240 . 38 feet, more or less, to its inter-
secti n with a line drawn parallel to and 19 feet perpendicu-
lar f om the Northwesterly line of Lots l, 2, 3 and 4 of
said lock 18, said point being point "C" .
Parcel 6
All tll�, at part of the alle in Block 9 , Kittson' s Addition
Y
to Stl Paullying Southwesterly of the Southwesterly line
of Wi lius Street and Northeasterly of a line drawn from
point , "F" to a point "G" . The location of said point "F"
is de ermined by beginning at point "A" described above,
and tYi nce South 00 degrees 32 minutes 14 seconds East a
distar� e of 112 .23 feet; thence along a tangential curve
concav� to the Southeast a distance of 7 . 92 feet, said
curve � aving a radius of 265 feet, and a central angle
1 degr�i e 42 minutes 41 seconds, to a point on the North-
westeriy line of said alley which is point "F" . The
locati n of said point "G" is determined by beginning at
point !'F" just described and continuing Southerly along
said t' ngential curve just described to its intersection
with t� e Southeasterly line of said alley which point
shall ibe point "G" .
Subject explessly to the following conditions and reservations:
l. Thlt the vacation be subject to all theterms and condi-
tions of C apter 130, codified March 1, 1981, of the St. Paul
Legislative Code, as amended.
2 . T at a permanent sewer easement be retained on behalf
of tie Ci y of Saint Paul, Department of Public Works within
the vacatedjarea of Grove Street subject to the following conditions :
a. Noli uildings, structures, or trees are permitted within
the�i easement area nor any temporary structure, material
stq age, fixture or other objects that will prohibit
nor al access to sewer facilities for maintenance
pur oses.
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b. chan e from the exis '
� g ting grade is permitted without
w� itten permission from the Director of the Department
a Public Works .
c. N� change in surfacing within the easement area is per-
m tted without written permission from the Director of
t e Department of Public Works.
d. Tl� at the petitioner, its successors and assigns shall
i demnify, defend and save harmless the City of Saint Paul,
i s officers, agents, employees and servants from all
s � its, actions or claims which shall arise from any
i � juries or damages received or sustained by any break
i any service pipe, or connection in said reserved
e sement, arising out of or resulting from any action
o � negligence of the petitioner, its employees, agents
o� business invitees.
3 . TY� t a permanent sewer easement be retained on behalf of
the Metropq itan Waste Control Commission within the vacated area
of Williusi treet between 9th Street and Grove Street subject to the
following c! nditions :
a. Nolibuildings, structures, or trees are permitted within
th easement area, nor any temporary structure, material
st rage, fixture or other objects that will prohibit
no mal access to sewer facilities for maintenance purposes .
b. Nol� change from the existing grade is permitted without
wr tten permission from the Director of Engineering
Coistruction.
c . Nol!change in surfacing within the easement area is per-
mi �ted without written permission from the Director of
En ineering Construction.
d. Th the petitioner, its successors and assigns shall
im m�ify, defend and save harmless the Metropolitan
Was e Control Commission, its officers, agents, em-
pl ees, and servants from all suits, actions or claims
whi� h shall arise from any injuries or damages received
or iustained by any break in any service pipe, or
con ection in said reserved easement, arising out of or
res lting from any action or negligence of the peti-
tio� er, its employees, agents or business invitees.
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4 . '� at the petitioner shall choose one of the following
courses o action regarding the existing catch basins and sewers
within th vacated area of Willius Street and East 9th Street
and shall �� coordinate the implementation of one of these courses
of action', with the Department of Public Works, Sewer Division
within 60 ays of the publication date of this resolution.
a. PI' titioner shall either take responsibility for the
p ivate operation, maintenance and repair of these
s wers and catch basins and pay all costs and expenses
i �� the operation, maintenance and repair of these
s wers and catch basins in accordance with all
a plicable codes and ordinances and to the satisfac-
tuon and approval of Public Works Sewer Engineer, or
b. Ak� ndon the existing sewers and catch basins in said
va ated Willius and 9th Streets in accordance with the
re� uirements of Public Works Sewer Engineer. The
pe', itioner shall be responsible for obtaining the
ne essary permits and complying with all applicable
co� es and ordinances and shall pay all costs and ex-
pe ses as a result of the abandonment of said sewers
an catch basins .
5. Pe� itioner shall make application within 60 days of
the public tion date of this resolution with the Department
of Public orks, Sewer Division to take responsibility for the
operation, �� aintenance and repair of the existing sewer in the
vacated por, ion of E. 8th Street and the sewer connection to
the buildir� on the north side of said vacated 8th Street.
Petitioner hall pay all costs and expenses in the operation,
maintenance �� and repair of this sewer in accordance with all
applicable ', odes and ordinances and to the satisfaction and
approval of ublic Works Sewer Engineer.
6 . Th� t the petitioner shall be responsible for all costs
and expense for the removal of an existing street light on
a Northern S ates Power Company power pole located at the southeast
cor�er of acated E. 8th Street corner of vacated E. 8th Street
and Willius !iStreet. Petitioner shall contact the Traffic and
Lighting Div�i' sion of Public Works regarding the removal of this
light. �
7 . Tlat permanent water utility easements be retained
on behalf of� the City of Saint Paul, Board of Water Commissioners
over, under �, and across the following described parcels unless
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the petiti ner chooses to request relocation or abandonment
of any fa 'ilities located within these parcels . To abandon
or relocate these facilities, petitioner must follow those proce-
dures estab ished by the Wa.ter Utility, including but not limited
to obtainin' the approval of the Water Utility, the Department
of Fire an Safety Services and any abutting property owners .
Al1 costs and expenses incurred in the abandonment or relocation
of facilitil s shall be paid for by the petitioner and shall
be completed' nder the direction of the Water Utility.
The parcels in which easements shall be retained are described
as follows : �
Parcel 1
The north a e-half (33 feet) of Grove street between the east
line of La ayette Road and the northeasterly line of Willius
Street exte ded northwesterly, except that part of vacated Grove
Street lyin between the southerly extended west line of Block
3 , Bass ' A ition to the Town of St. Paul and the northwesterly
extended no heasterly line of Willius Street vacated in resolution
85-130 date' February 1, 1985 and recorded as document number
2267884 .
Parcel 2
The southwe terly one half ( 33 feet) of Willius Street between
the south ll' ne of Grove Street and a line 14 feet northwesterly
of and par llel to the northeasterly extended centerline of
E. Ninth Str et.
Parcel 3
The south o e-half ( 33 feet) of Grove Street between the southerly
extension o the West line of Lot 7, Block 3, Bass ' Addition
to the Tow of Saint Paul and a line parallel to and 33 feet
east of said extended lot line.
Parcel 4
The southwe terly one-half ( 33 feet) of Willius Street between
the northwe terly line of E. Eighth Street extended northeasterly
and a line 0 feet northwesterly of and parallel to the northeast-
erly exten ed southeasterly line of Lot l, Block 24 Kittson ' s
Addition to t. Paul .
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Parcel 5
The northwlsterly one-half ( 33 feet) of E. 8th Street lying
between Laf yette Road and Willius Street.
Parcel 6
The southe sterly 30 feet of the northwesterly 48 feet of East
Ninth Stre t between the east line of vacated John Street and
the west li e of Lafayette Road.
Restriction within the above described water utility easement
areas are a follows :
a. Nolbuildings, structures, or trees are permitted
wi hin the easement area, nor any temporary structure,
malerial storage, fixture or other objects that will
prI hibit normal access to water facilities for
mal' ntenance purposes.
b. N� change from the existing grade is permitted without
wr ' tten permission from the Water Utility.
c. No change in surfacing within the easement area is
pe� mitted without written permission from the Water
Ut, lity.
d. Th petitioner, its successors and assigns shall fully
ir��emnify, defend and save harmless the Board of
W ter Commissioners, its officers, agents, employees,
a d servants from all suits, action or claims which
s all arise from any injuries or damages received or
s stained by any break in any service pipe, water
m in, or connection in said reserved easement, aris-
i g out of or resulting from any action or negligence
o the petitioner, its employees, agents or business
i vitees .
e. T e petitioner, its successors and assigns shall be
r sponsible for all maintenance�cost of water service
c nnections, present and future, within said easement
a eas.
8 . T at a specific easement be retained in vacated E. 9th
Street to rotect the interests of Western Union Telegraph Company.
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9 . Th t a specific easement be retained in vacated E.
8th Street nd vacated Willius Street to protect the interests
of Northern States Power Company, Electric Division.
10 . T at a specific easement be retained in vacated � E.
8th Stret nd vacated Willius Street to protect the interests
of Northern ' States Power Company, Gas Division.
11. �! at a specific easement be retained in vacated E.
9th southw sterly of Lafayette Road to protect the interest
of Continen al Cablevision.
12 . T� at the petitioner shall pay to the City of Saint
Paul $97,17 . 00 as compensation for this vacation which is due
and payable within 60 days of the publication date of this resolu-
tion.
13 . I That the petitioner, its successors or assigns,
by acceptari e of the terms and conditions of this vacation,
agrees to demnify, defend and save harmless the City of Saint
Paul, its � fficers and employees from all suits, actions or
claims of ny character, including but not limited to a claim
brought bec use of this vacation, by any persons or property;
or because of any act or omission; neglect or misconduct of
said petiti ner or because of any claims or liability arising
from or ba ed on any violation of any law or regulation made
in accordan e with the law whether by the petitioner or any
of its agent, or employees .
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WHITE - CITV CIERK
PINK - FINANCE G I TY O F SA I NT PA U L Council `//� �j
CANARV.- DEDARTMENT File NO. v� _/0�+�
BLUf - MA�IOR �
Co ncil solution
. .
Presented By
Referred To Committee: Date
Out of Committe By Date
14 . Th� t the petitioner shall within 60 days of the publica-
tion date o this resolution file with the City Clerk an acceptance
in writing of the conditions of this resolution and shall within
the period pecified in the terms and conditions of this resolution
comply in a 1 respects with these terms and conditions.
COUNCILMEN Requested by Department of:
Yeas �,� Nays
N"°S'e � [n Favor Finance &
Rettman r
Scheibel �
Sonnen � __ Against BY irector
Tedesco
11Fii�ew.
�L 2 4 � Form Appr ed City Att ney
Adopted by Council: ate,
Certified Y•s Cou cil BY
Bp
Approved by Mavor: Date �'���A b . WL 2�t PP by Mayoc for Submis o to ounc`IT
.
sy _ _ B
PUBLISHED AU G 2 19�6
Financ� & Mgrrt. S rvi s pEPARTMENT� ' C��3� N� osio9
Dick McCana , CONTACT
298-5317 PHONE
July 11, 1956 DATE ���� . = ��r
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ASSIGN NUI�FR F4R UTI � RDER Cli All Locations for Si nature ;
� Department Dire tor 2 Director of Management/May�r
1 Finance and Man gem nt Services Director � 4 City Clerk
Budget DireCtor °5 � Councilman Nicosia
� ,. �
City Attorney �
WHAT WILL BE ACHIE�I D B T 'KIMG AGTION ON THE ATTACHED MATERIALS? (Purpose/ ,
Adopt resolution for he vacation of part of Grove, Willius, 8th ai�di�������eets and
the alley in Blo 9, Ri taon'a Additioa which waa approved by the CounciT on July .1, 1986
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_ � CEIVED
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�\ 1� �J U L 1 1 �y�ti .....- RECEIVED r
� MAYOR'S O��C� JU►_ 1 � 1986
COST BENEFIT BUDGE AftY AN PERSONNEL IMPACTS TICIPATED: ` OFFICE OF THE DI��ECTOR
�EPAR7MENT OF F��v�^�''E
� . AND I�fANAG�tvi�tv7 SL�t�i�:;�S
$97,174.00 Bene;� t �
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FINANCING SOURCE AN BU GE ACTIVITY NUhBER CHARGED OR CREDITED: (Mayor's signa-
ture not re-
Total Amount of" ran ac ion: quired if under �
i ' �10,000)
Funding Source; ;; �
Activity Number• 0250-2833-000 ,
ATTACHMfNTS List a d N mb r All Attachments :
1. Resolution
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qEPARTMENT REVIEW CITY ATTORNEY REVIEW
,3c Yes No Counc'1 so ution Required? � Resalution Required? Yes No
Yes x No Insur nce Re uired? Insurance Sufficien�?' Yes No
Yes " No Insur nce At ched:
( EE •REVERSE SIDE FOR INSTRUCTIONS) . �
Revised 12/84 � - �
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