86-1737 WHITE — C�TV GLERK
PINK . — FINANCE G TY OF SA I NT PAUL Council
CANARV -'DEPARTMENT /
e�y: — n,��nroR File NQ. (� —��
C u il Reso tion . ,
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Presented By
.`� �
Referred To Committee: Date
Out of Committee By Date
RESOLVED, That after a hearing and consideration of
the petition o the ort Authority, Finance File No. 23-1986
to vacate Pe nsylv nia Avenue from Sylvan to Jackson and
Arch from Park to Ca itol Heights, all bounded by Park, Minn haha,
Jackson and reh-Penn Highway, the City Council of the ity
of Saint Pa 1 her by vacates and discontinues as a pu lic
street, the pr perty more specifically described as follows :
PARCEL NO 1
Pennsylva ia Av nue from the east line of vacated Sylva
Street to the n rthwesterly line, (extended northeaster y)
of Capito Heig ts .
PARCEL NO 2
That par of Arch Street lying within the follo ing
described line : Beginning on �he North line of aid
Arch Stre t at the Southwest corner of Block 5, Fletch r' s
Sub. of B ewste ' s Addition; thence S 0� 27 ' 44" E (assu ed
bearing) along the Southerly extension of the East ine
of Park Avenu 30 . 0 feet to the center line of aid
Arch S-�re t; th nce S 89° 57 ' 26" E. 546 .31 feet along sa' d
center 1 ' ne; hence continuing along said center ine
S 89° 40 ' 0" E. 516 . 11 feet; thence N O� 19 ' 40" E. 30 . 0 feet
to a poi t on the North line of said Arch Street dis ant
50 . 0 feet Weste ly of the intersection of the Northerly line
of said reh S reet and the Northwesterly line of Cap ' tol
Heights; thenc Westerly along �he North line of aid
Arch Stre t to he point of beginning.
COUNC[LMEN Requested by Department of:
Yeas pfeW Nays
Nicosia [n Favor
Rettman
Scheibel
Sonnen __ Agaitlst BY
Tedesco
W ilson
Form Ap ve by City Attor�
Adopted by Council: Date ^
l_ / (C
Certified Yassed by Council Secret ry BY �
gy,
Approved by Mavor: Oate Approved by Mayor for Submission to Cou cil
By _ — BY
- � . - . ��- ��3 7
Al1 of the eas ments in the land necessary for the slopes,
cuts and fills, incl ding the right of removal of lateral
support from s bject land or remainder thereof occasioned
by excavation hereo or construction of slopes in the
grading of sai righ s-of-way lying within or adjacent to
said vacated a ea.
l . That the vacat ' on be subject to all the terms and conditions
of Chapter 130, codi ied March 1, 1981 of the St. Paul
Legislative Co e, as amended.
2 . That a permane t sew r easement be retained on behalf of
the City of Sa' nt Pa 1 Department of Public Works within
the vacated ar a of rch Street subject to the following
restrictions:
a. No buildin s, st uctures, or trees are permitted within
the easeme t are , or any temporary structure, material
storage, f ' xture or other objects that will prohibit
normal acc ss to sewer facilities for maintenance purpos s .
b. No change rom t e existing grade is permitted without
written pe missi n from the Director of Public Works .
c. No change ' n sur acing within the easement area is
permitted ithou written permission from the Director
of the Dep rtmen of Public Works.
d. That the p titio er, its successors and assigns shall
indemnify, defen and save harmless the City of Saint Pa 1,
its office s, ag nts, employees and servants from all su' ts,
actions or claim which shall arise from any injuries or
damages re eived or sustained by any break in any servic
pipe, or c nnect ' on in said reserved easement, arising o t
of or resu ting rom any action or negligence of the
petitioner its mployees, agents or business invitees .
3 . Based upon uti ity e sement Certificates of Intended Non-use
filed voluntar ' ly on behalf of Northwestern Bell Telephone C mpany,
Northern State Powe Company, the Water Utility, Continenta
Cablevision, D ' stric Heating Development Company and Wester
Union and made a par hereof by this refe_r�nce and filed in he
office of the ity C erk of Saint Paul, the City for itself nd
on behalf of t ese c rporations and departments waives the
right to utili y eas ments in that portion of the vacated ar a,
described as f llows :
That part o Penn ylvania Avenue which lies East
of the West line f Sylvan Street and West and
North of th foll wing described lines :
Commenci g at he Northwest corner of Section L ��
31, T29N, R22W; thence S 89 50 ' 17" E (assumed
bearing) along the North line of the Northwest � �\��
quarter f sai Section 31 a distance of 1722 .17 �
feet to he po' nt of beginning of the lines to be
herein d scrib d; thence S O 12 ' 20" W 341.24 feet
WHITE — CITV CIERK . �
PINK s _FINANCE COUACII / � J y
9xLl.lFRV.— MMVORTMENT GITY OF SAINT PAUL �y ��3�
File N 0.
� C uncil Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
to the N rth 1 ne of proposed street; thence S 89
49 ' 49" E along said proposed North line 560 . 65 feet,
more or ess, o the West line of said Sylvan Street
and ther term' nating.
4 . That the petit ' oner hall pay $500 . 00 administrative costs f r
this vacation hich ' s due and payable within 60 days of the
publication da e of his resolution.
5 . That the petit' oner, its successors or assigns, by acceptanc
of the terms a d con itions of this vacation, agrees to
indemnify, def nd an save harmless the Cityof Saint Paul,
its officers a d emp oyees from all suits, actions or claims
of any charact r bro ght as a result of injuries or damages
received or su taine by any person, persons, or property on
account of thi vaca ion including but not limited to a clai
brought becaus of a y act of omission, neglect or misconduc
of said petiti ner o because of any claims or liability
arising from a y vio ation of any law or regulation made in
accordance wit the aw whether by the petitioner or any of
its agents or mploy es.
6 . That the petit ' oner hall within 60 days of the publication
date of this r solut ' on file with the City Clerk an acceptan e
in writing of he co ditions of this resolution and shall
within the per ' od( s) specified in the terms and conditions o
this resolutio comp y in all respects with these terms and
conditions .
COUNCILMEN Requested by Department of:
Yeas Drew Nays
�1°°'�� [n Favor
Rettman
Scheibel �
Sonnen __ Ag81[lst BY
Tedesco
Wilson
DE 3 � �9a6 Form Ap oved by Ci Attorney
Adopted by Council: Date
Certified Pa s d Council Se r BY ��
Bp
Appr by :Navor: e
— 2 1987 Approved by Mayoc for Submission to Cou cil
By
F��! HED .�.� "s 1 � 1987
, . , �-�,-��3 �
���T= o, CITY OF SAINT PAUL
.~� ':�� OFFICE OF THE CITY ATTORNEY
� �;
�,� �"'�10�° �� �DWAtZD P. STAR , CITY ATTORNEY
��'!r ��e� st 647 City Hall, Sain Paul,Minnesota 55102
'`�s..�
612-298-5121
GEORGE LATIMER
MAYOR
December 19, 1 86
Albert B. Olso
City Clerk
Room 386
St. Paul, MN 5 102
RE: Vacating ennsy vania Avenue et al
Dear Mr. Olson
Enclosed plea e fi d the Council Resolution regarding the
above, which you equested in your letter of December 11,
1986 . Please have the Finance Department double check the
legal .
Yours very tru y,
JOHN B. McCORM CK
Assistant City Attor ey
JBMcC/mf
enclosure
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