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84-520 WHITE - CITV CLERK PINK� - FIIt:y1NCE COUflC1I CANARV - DEPARTMENT GITY OF SAINT PALTL File NO. ��J��D BLUE - MAVOR RETURN COPY TO VALUATIONS Counci Resol tion ROOM 218 Presented By , ' t Referred To Committee: Date Out of Committee By Date RESOLVED, That upon petition of Dacotah Building Limited Partnership, those sections of public street hereinafter describecl, be and the same hereby are vacated ar�d disvontinued as public street; Those parts of Western Avenue and Selby Avenue lying adjacent to Lot 1, Cochran's Subdivision of and Addition to Block 11, Woodland Park Addition, Ramsey County, Minnesota, described as follaws: Beginning at the northwest vorner of said i,�t 1; thence South 89 degrees 23 minutes 16 sevoazds East, assumed bearing, along the northerly line of said Lot 1 a distance of 168.66 feet to the northeast corner of said Lot 1; thence South along the east line of said Lot 1 a distance of 116.00 feet; thence Fast a distance of 8.60 feetj thence North parallel with the east line of said Lot 1 a distance of 115.92 feet to a tanqential curve, concave to the southwest, having a radius of 5.00 feet and a central angle of 88 degrees 42 minutes 30 seconds; thence northerly and northwesterly along said curve a distance of 7.74 feet; thence tangential with said curve North 88 degrees 42 minutes 30 seconds West a distance of 172.33 feet to an intersection with a line that bears North 0 degrees 36 minutes 44 secon�ds East from the point of beginning; therx;e South 0 degrees 36 minutes 44 seconds West 7.00 feet to the point of beginning. Subject expressly to the follawing oonditions and reservations; 1. That the vacation be subject to all the terms and conditions of Chapter 130, codified March l, 1981, of the St. Paul Legislative Code as amended. 2. That the petitioner meet all building ooc�e requirements that pertain to the construction of the areaways, within the vacated area, COUIVCILMEN Requested by Department of: Yeas Fletcher Nays Drew Finance & Management"Services Masanz [n Favor Nicosia Direc tor Schefbel __ Against BY Tedesco Wilson Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary BY gy. t#pproved by 14avor: Date _ Approved by Mayor for Submission to Council BY BY � . � �j- �1-,�a � as set forth in the Building Code of the City of St , Paul . 3 , That the vacation be subject to completion of all areaway construction within a period of one year from the publication date of said vacation. 4. That the vacation be limited to accommodate the proposed areaways and that upon removal , demolition or otherwise non- existence, the vacated area shall automatically revert to the City of St. Paul as street right-of-way without cost or c�.arge to the City. Further its successors or assigns be obligated to pay for any construction of sidewalk deemed necessary due to the removal of the areaways . 5 . That the petitioner must receive approval from the Heritage Preservation Co�ission for the design of the areaway enclosure and details of railings and any associated modifica- tions sensitive to the original architecture of the buildings . Said design and/or architectural modification must be approved by the Heritage Preservation Commission within 180 days after publi- cation of this vacation. In the event that approval for the con- struction of the areaways for any reason is not given to the petitioner by the Heritage Preservation Commission, it will be the petitoner's responsibility to restore all sidewalks within the vacated area to a condition equivalent existing prior to the filing date of said petition, 6 , That the petitioner execute and deliver , to the City of St . Paul , a Deed of Easersent for sidewalk purposes � over a part of the vacated area, which is described as follows ; �in easement over that part of Se1by Avenue vacated lying acijacent to Lot 1 , Cochran 's Subdivision of and Addition to Block 11 , tidoodland Park Addition, Ramsey County, Minnesota, described as follows : Commencing at the northwest corner of said Lot 1 : thence North 0 degrees 36 minutes 44 seconds East , th.e northerly line of said Lot 1 is assumed to have a bearing of South 89 degrees 23 minutes 16 seconds East , a distance of 4, 20 feet to the point of beginning of the easement to be described; thence North 0 degrees 36 minutes 44 seconds East a distance of 2 .80 feet ; thence South 8� degrees 42 minutes 30 second East a distance of 172 . 33 feet to a tangential curve , concave to the southwest , having a radius 2 - + - �`= �y-.��� of 5 . 00 feet and a central angle of 88 degrees , 42 minutes 30 seconds ; thence easterly along said tangential curve to the intersection wi.th a line parallel with and 4,20 feet northerly and measured at a right angle to the northerly line of said Lot l ; thence westerly to the point of beginning. Subject to approval by the Department of Public Works , said easement to be delivered to the City within 60 days of the publica- tion of said vacation, 7 , That the sidewalk be constructed with beam supports over the areaways and that a minimum of five feet (measured from the outside edge of the areaway curb to the inside edge of the light fixture base) of unobstructed walk way width be provided along the sidewalks abutting the areaways on Selby and Western Avenues , Also , all sidewalk construction be subject to the inspection and approval of the Department of Public Works , The petitioner must also provide the necessary bond and insurance for sidewalks which abut subject vacated areas along Western and Selby Auenues , sub- ject to the approval of the City Attorney, 8 , That the petitioner be responsible for all cost and ex- prense in the construction, reconstruction and rnaintenance of new sidewalk areas that lie within the vacated area, subject to in� spection and approval by the Department of Public Works . Excluded from the above condition is the cost of constructing a cantilever sidewalk over the areaways abuttin� Selby Avenue . The said con- struction costs will be paid by the Department of Planning and Economic I?ev�iopment , The cost of removing existing sidewalks will be paid for by the petitioner . 9 , That the petitioner be responsible for the cleaning and removal of snow from the sidewalk abutting the areaways on Selby and Western Avenues to provide a five foot minimum unobstructed walk width for as long as the areaways exist . 10 . That the petitioner will be responsible for the maintenance and repair of the water service connection and fire supply piping within all yacated areas for as long as the areaways exist , 11 . That the petitioner pay to the City of Saint Paul the sum of $3 , 150 ,00, as fair market compensation for the vacation. 3 WHITF_ - CITV CLERK PINK� ^ F/R.IANCE GITY OF SAINT PAUL Council n CANARV - IJEPARTMENT File NO. V � �� BLUE - MAYOR 1 Council esolut 'on r � �. Presented By Referred To Committee: Date Out of Committee By Date 12 , That the petitioner� its successors or assigns by accept- ance of the terms and conditions of this vacation+ agrees to indemnify� defend and save harmless the City of St. Paul � its officers and employees from all suits, actions , or claims of any character+ in- cluding but not limited to a claim brought because of any injuries or damages received or sustained by any person, personst or property, on account of this vacation; or because of any act or omission, neglect or misconduct of said petitioner, or because of any claims or liability, arising from or based on any violation of any law or regulation made in accordance with the law, whether by the petitioner or any of its agents or employees . 4 COU[VCILMEIV Requested by Department of: Yeas Nays � Fletcher Drew In Favor Masanz NiCOSia schetber � _ Against BY Tedesco Wilson APR 2 4 �gg� Form App ove y City Attorney Adopted by Council: Date Certified P ss d ouncil Sec a BY C- �D gy, t�ppr b iVlavor: Date. —Nt' 2 7 �981} Approved by Mayor for Submission to Council By _ BY PUBLiSHED M 4Y 5 1984 wNITE - C!TV CLEkK ' � COUflCIl ��� o�NK _ F�N�N�E � G I TY O F SA I NT PA U L - CANARV - QEPARTMENT • . BLUE - MI.VOR � , .FIIC �N�O• r ,�� Cr� ., . p.. � �y_ � . Coun�cil � esolut n _ � ,,� , . q�Co Presented By � ,n . . �, Referred To Committee: Date � � � . ,Out of Committee By Date � �, ths OounCil O� the Cfty O� Safsit P�ill bp OOtac�cil ABe�latiCef � �C.F. 8h520 ac3oQt.ed 1�pril 24, 1984, at the reqnest of Daoot� Bnildfaq '� Liaited �artaerahip, di8 vacaate a pca�tian o� public street as specifically desczibed in said resolntia�f and , I�AS. tt�e terms ar�d canditions a� said zrsol.utian fr�oo�pc�ara�ad tbe � requirement in Qutpber 130 of the Saint Paul Legislative Oode tt�at tbe ter,s �d conditfons i�osed therein be mapleted within 60 daysf ar�d _ �'�S. Pr�or to the expiratia� of the 60 day period Daoc�tab HuiLainq Limft,ed Partnership as�Ce� that they be granted a 3Q day ezbensian in the time period for oompliance arith Condition No. 6 and Na 11 of said iaesolutf an C.F. 84-520� an3 . - �1 '� � IT R�OGVP9:. tbat the Cbur�cil i�solutian C.F. 84-520 originally adopted April 24, 1984 is amended to extend the date of aomgliar� an additional 3Q days, wbic� d�a�nqes tt�e da�e f� oQmplianoe t,o } August 3, 1984 foc �r�dition Ib. 6 and bb. 11 of C.F. 84-520. e$ IT F� Ii�,VF�. that in all other respects Qounci2 R�s�lvtirn C.F. 84-520 shall re3aain in fu11 forae arid effect. COUNCILMEN Yeas Nays Requested by Department of: Fletchsr � - °re1N in Favor Masanz � • ��vl/ `�" NiCOSIa !l j Schelbsl N Against BY Tedesco Wilson JUL 17 198�4 Form Appr ved by City Attorney Adopted by Council: Date ' � �� < � '7r( `? t Certified a��e � uncil �e BY B}� s Approved by Navor: Date JUL � � 198� Ap� d y Mayor for Sub1n' �r cil ' L . By } � �.;.1.��