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85-1384 N�H1� - C�TY CLERK PINK - FINANCF� G I TY O F SA I NT PA iT L Council CAN V -pE2'�ARTMENT '/'JJ BLUE - MAVOR F1Ie NO• �� /v� Return copy to Valuations Coun il Reso ution Room 218 r Presented By j � Referred To Committee: Date Out of Committee By Date RESOLVED, that upon petition of United Hospitals, ynC . and HealthOne Corporation for the vacation of Walnut Street between Pleasant and Smith Avenues and also part of the alley in Block 65, Rice and Irvine' s Addition to Saint Paul, per file No. 25-1984, the street herein described and that part of the alley hereinafter described be and the same are hereby vacated and di'scontinued as public street and alley: All that part of Walnut Street lying southeasterly of a line 130 feet southeasterly of and parallel to a line drawn from the most northerly corner of Lot 1, Block 66 to the most westerly corner of Lot 6, Block 65 and northwesterly of a line drawn from the most easterly corner of Lot 14, Block 66 to the most southerly corner of Lot 9, Block 65 all in Dayton and Irvine' s Addition to Saint Paul; also All that part of the alley lying southwesterly of an extended line lying 15 feet southwesterly of and parallel to the northeasterly line of Lot 11, Block 65, all in Dayton and Irvine ' s Addition to Saint Paul; also All of the easement in the land necessary for the slopes, cuts and fills, including the right of removal of lateral support from subject lands or remainder thereof occasioned by excavations thereof or construction of slopes in the grading of said street and alley lying within or adjacent to said vacated area. Subject expressly to the following conditions - and reservations: l. The the vacation be subject to all the terms and conditions of �hapter 130, codified March l, 1981, of the St. Paul Legislative Code, as amended. COUNC[LMEN Requested by Depactment of: Yeas Nays Drew n�asanz [n Favor Nicosia Scheibel Sonnen Against B or Tedesco �(�� W i Ison �� Form Appr ed ty Attorn Adopted by Council: Date � �- 2s Certified Passed by Council Secretary BY By� Approved by Kavor: Date Approve Mayor u ' sion to Council By �e� - 1� ' � • ' � � (�,c ����3�Y'� 2 . That the Petitioners shall be responsible for both the contracting of and payment for all costs incurred in the following described improvements which are to be accomplished to the satis- faction of and under the supervision of the Department of Public Works within 90 days of the publication date of this resolution: a. Removal of the existing street surface, curb and gutter in Walnut Street from Pleasant Avenue to Smith Avenue and also the existing alley surface from Walnut Street to the west line of Lot 5, Block 65 Dayton and Irvine ' s Addition and replace with land- scaping. b. Construction of concrete curb and gutter along Smith Avenue at the southeasterly limit of said vacated portion of Walnut Street consistent with existing im- provements along Smith Avenue. c . Construction of a bituminous curb and sidewalk along the southeasterly side of Pleasant Avenue at Walnut Street. d. The Petitioners shall maintain the landscape area described as Walnut Street from Pleasant Avenue to Smith Avenue except the northeasterly 16 feet of the southeasterly 232 feet thereof, until such time when the City relieves the petitioners of such responsibility. e. The Petitioners and their Contractor shall indemnify the City of Saint Paul, its employees, and elected officials for all injuries or damages arising out of the opera- tions of the Petitioners and/or its contractor in per- forming the construction or maintenance of the improve- ment as described in 2 (a) , (b) , (c) and (d) described above. 3 . That the Petitioners shall within 60 days of the date of publication of this resolution grant by recordable deed, to the City of Saint Paul, an easement for alley purposes, in the follow- ing described land: Al1 that part of the northeasterly 15 feet of Lot 11, Block 65 and also all that part of the southwesterly 5 feet of Lot 12 , Block 65 all in Dayton and Irvine ' s Addition. -��t 2 . ��,���- � • - � t�"�9J��f.�0� 4 . That the Petitioners and their contractor shall pay all expenses incurred for the construction of this dedicated alley including but not limited to costs related to grading, paving, curb cuts and sidewalk replacement and drainage. All works shall be subject to the approval of the Department of Public Works . 5 . That the Petitioners shall within 12 months of the date of publication of this resolution grant, by recordable deed to the City of Saint Paul, an easement for pedestrian ramp purposes in the following described land: All that part of the northeasterly 34 feet of Lots 1 and 2, and also all that part of the northeasterly 34 feet of Lot 3, Block 66, lying northwesterly of an extended line 130 feet southeasterly of and parallel to a line drawn from the most northerly corner of Lot 1, Block 66 to the most westerly corner of Lot 6, Block 65, all in Dayton and Irvine ' s Addition to Saint Paul, subject to the following conditions : Petitioners at their own cost and expense and subject to the approval of the Minnesota Pollution Control Agency and the Department of Public Works shall : a. Remove the fuel storage tanks as well as any other facilities within the land to be conveyed for said easement. b. Within 12 months of the publication of this resolu- tion, perform soil tests of the easement site to determine whether the easement area or any other area has been polluted as a result of the existence of the fuel storage tanks within the easement area. If tests indicate that pollution has occured, Petitioners shall be responsible for the cleanup and abatement of the areas concerned all at their own expense. c. With respect to corrective actions or third party claims which may arise in the future regarding the presence of surface and/or subsurface contaminants caused by the hospital operations on the land to be conveyed for a pedestrian ramp easement, Petitioners will indemnify, defend, save and hold harmless the City from all claims, demands, or causes of action that may arise from the presence of such contaminants 3 . ����,,c ���� � . , . - � � ��rc�_.�'`�-�.��� on the subject property itself, on adjacent properties or in groundwater, under or down grade- ment of the property, including the removal and disposal requirements that may be imposed upon subsequent owners of the subject property. 6 . That the Petitioners, shall upon the City' s demand grant by recordable deed to the City of Saint Paul an easement for pedestrian traffic on, over and across the following described land: Al1 that part of the southwesterly 50 feet of vacated Walnut Street lying southeasterly of a line 130 feet southeasterly of and parallel to a line drawn from the most northerly corner of Lot l, Block 66, to the most westerly corner of Lot 6, Block 65 and northwesterly of a line drawn from the most easterly corner of Lot 14 , Block 66 to the most southerly corner of Lot 9, Block 65, all in Dayton and Irvine ' s Addition to St. Paul . 7 . The Petitioners and the City of Saint Paul shall enter into a maintenance agreement for the southwesterly 50 feet of Walnut Street except the area retained by the City for bridge land- ing. This agreement will be in effect once the permanent walkway improvement to be constructed by the City of Saint Paul and/or State of Minnesota is completed. The proposed maintenance agree- ment shall include the following: a. The Petitioners shall assume all regular maintenance of the 50 foot wide pedestrian easement area in- cluding but not limited to sweeping and snow removal on the pavement and watering, mowing, weeding, fertilizing and trimming the landscape area. b. The Petitioners shall indemnify the City of Saint Paul for any injuries or property damage arising out of the care, custody, control and operation of said pedestrian easement. 8 . That the proper City Officials are hereby authorized and directed to accept the easements described in article 3 (alley) , 5 (pedestrian ramp) and 6 (pedestrian walkway) of this report which are to be dedicated by the Petitioners . 4 . ���C �.��� . . . . �,���-%��y 9 . That a permanent easement for Water Utility purposes be retained on, under and across the northeasterly one-half of the southeasterly twelve (12 ) feet of Walnut Street within the vacated area and subject to the following conditions : a. No buildings, structures, or trees are permitted within the easement area, or any temporary structure, material storage, fixture or other objects that will prohibit normal access to water facilities for maintenance purposes . b. No change from the existing grade is permitted without written permission from the Water Utility. c. No change in surfacing within the easement area is per- mitted without written permission from the Water Utility. d. That the Petitioners, their successors and assigns shall fully indemnify, defend and save harmless the Board of Water Commissioners, its officers, agents, employees and servants from all suits, actions or claims which shall arise from any injuries or damages received or sustained by any break in any service pipe, water main, or connection in said reserved easement, aris- ing out of or resulting from any action or negligence of the petitioner, its employees, agents or business invitees . 10 . That the Petitioners shall pay all costs and expenses incurred as a result of the abandonment of the four-inch water main in said vacated Walnut Street and shall be responsible for obtaining the necessary permits and complying with all necessary codes and ordinances . Abandonment must be completed by and to the satisfaction of the Water Utility. 11 . That the Petitioners shall pay all costs and expenses for the removal of existing traffic signs and/or the installing of new signs necessitated by said vacation. 12 . That a specific easement be retained within the vacated area to protect the interest of Northern States Power Company. 13 . That a nonexclusive perpetual easement for the District Heating & Development Company, its successors or assigns, be re- tained within the vacated area for the purpose of constructing, maintaining, repairing, removing and altering piping, appurte- nances and structures related to its operations . 5 . �'��C ��� WMITE — CITV CLERK � PINK — FINANCE G I TY� O F �A I NT PA IT L Council CANARV — DE,�ARYI.AENT 1 //� ` �//^� BLUE —AdAVOR Flle NO. ,i—/ '���+ Return copy to: CQU cil Re lution Valuations - Room 218 � . Presented By ` Referred To Committee: Date Out of Committee By Date 14 . That a specific easement be retained within the vacated area to protect the interests of Northwestern Bell Telephone Company. 15. That Petitioners not be required to pay compensation for the vacation as the dedication of the easement areas by the Petitioners offsets the value of the vacated area. 16 . That the petitioners, their successors or assigns, by acceptance of the terms and conditions of this vacation, agree to indemnify, defend and save harmless the City of Saint Paul, its officers and employees from all suits, actions or claims of any character, including but not limited to, a claim brought because of any injuries or dam�ages received or sustained by any person, persons, or property, on account of this vacation; or because of any act or omission, neglect or misconduct of the Aetitioners or because of any claims or liability arising from or based on any violation of any law or regulation made in accordance with the law whether by the Petitioners or any of their agents or employees. 6 . COUNCILMEN Requested by Department of: Yeas Nays � Drew N csos a In Favor F Scheibel Sonnen � Against BY or Tedesco . I 147P� Wilson p/�t't'�� D CT i 0 1985 Form Appro ed b C' y Attorne Adopted by Council: Date , � Certified Pa�s uncil S y BY �� By Approved by 1Aavor. 1 u `� l C'� — �1 S Cn T + o � aSApproved Mayor or bmiss to Council gy � � L�� y PUBIiSHED 0 C T 1 9 1985 Finance � Mgmt. Services ' DEPARTMENT (�`""���� Nd 3436 Dick McCsnn CONTACT 298-5317 PHONE Sept. 26, 1985 � DATE ` ' 1 Q,/�� e� ASSIGN NUN�ER FOR ROUTING ORDER (d�lip All Locations for Signature) : Department Director 2 Director of Management/Mayor � Finance and Management Servic�'s Director 4 City Clerk Budget Director 3 Councilman Nicosia City Attorney WHAT WILL BE ACHIEVED BY TAKING ACTION ON THE ATTACHED MATERIALS? (Purpose/ Adopt resolution for the vacati�n of part of Walnut Street Rati011a1e) : approved by the Council on Sept. 19, 1985 __ p�r��»Ep COST/BENEFIT, BUDGETARY AND PERSON�VEL IMPACTS ANTICIPATED: 1�85 � , �'+`�;? j `7 OF:�;t; � �,- �-IE p�;ECTOR none ', DE:P�;r°.;;�,NT OF FiivANCE AND MANAGENIENT SERVICES FINANCING SOURCE AND BUDGET ACTIVITY NUMBER CHARGED OR CREDITED: (Mayor's signa- ture not re- Total Amount of Transaction: ! quired if under Funding Source: ; N/A $10,000) Activity Number: ' �_:; � ATTACHMENTS (List and Number Al1 A�tachments) : c�� ,� 1. Resolution �;_/; ,� .::.,..� �.J � �-:Y� DEPARTMENT REVIEW � CITY ATTORNEY REVIEW x Yes No Council Resolution Required? Resolution Required? Yes No Yes X No Insurance Required? , Insurance Sufficient? Yes No Yes X No Insurance Attached; ' (SEE REVE�tSE SIDE FOR INSTRUCTIONS) �Revised 12/84 , , HOW TO USE THE GREEN SHEET The GREEN SHEET has several PURPOSES: 1. to assist in routing documents and in securing required signatures 2. to brief the reviewers of documents on t�he impacts of approval - 3. to help ensure that necessary supporting materials are prepared, and, if required, attached. Providing complete information under the listed headings enables reviewers to make decisions on the documents and eliminates follow-up contacts that may delay execution. The COST/BENEF�T, BUDGETARY AND PERSONNEL IMPACTS heading provides space to explain the cost/benefit aspects of the decision. Costs and benefits related both to City budget (General Fund and/or Special Funds) and to broader financial impacts (cost to users, homeowners or other groups affected by the action) . The personnel impact is a description of change or shift of Full-Time Equivalent (FTE) positions. If a CONTRACT amount is less than $10,000, the Mayor's �signature is not required, if the department director signs. A contract must always�be first signed by the outside agency before routing through City offices. Below is the preferred ROUTING for the five most frequent types of documents: CONTRACTS (assumes authorized budget exists) 1. Outside Agency 4. Mayor 2. Initiating Department 5. Finance Director 3. City Attorney 6. Finance Accounting ADMINISTRATIVE ORDER (Budget Revision) ADMINISTRATIVE ORDERS (all others) 1. Activity Manager l. Initiating Department 2. Department Accountant 2. City Attorney 3. Department Director 3. Director of Management/Mayor 4. Budget Director 4. City Clerk 5. City Clerk 6. Chief Accountant, F&MS COUNCIL RESOLUTION (Amend. Bdqts./Accept. Grants) COUNCIL RESOLUTION (all others) 1. Department Director 1. Initiating Department 2. Budget Director - 2. City Attorney 3. City Attorney 3. Director of Management/Mayor 4. Director of Management/Mayor 4. City Clerk 5. Chair, Finance, Mngmt. & Personnel Com. 5. City Council 6. City Clerk 7. City Council 8. Chief Accountant, F&MS 5UPPORTING MATERIALS. In the ATTACHMENTS section, identify all attachments. If the Green Sheet is well done, no letter of transmittal need be included (unless signing such a letter is one of the requested actions) . Note: If an agreement requires evidence of insurance/co-insurance, a Certificate of Insurance should be one of the attachments at time of routing. Note: Actions which require City Council Resolutions include: 1. Contractual relationship with another governmental unit. 2. Collective bargaining contracts. 3. Purchase, sale or lease of land. 4. Issuance of bonds by City. 5. Eminent domain. 6. Assumption of liability by City, or granting by City of indemnification. 7. Agreements with State or Federal Government under which they are providing funding. 8. Budget amendments.