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00-121Re� �opy to: p R I GI �IA L Real Fstate Division 140 Citp Hall Presented By Referred To counci� F�le # 00_�7,� f_rnnn ChmY it 1 n..4(�� Committee: Date WHEREAS, on November 3, 1945 the Council of the City of Saint Paul, by Council File Number 134656, approved the petition of Chazles T. Metcalf and others to vacate and discontinue as public property the following property described as follows : the West Half of Gorman Avenue between a line pazallel with and 100 feet north of the north line of George Sueet and a line parallel with and 125 feet north of the north line of George Street; and, the East Half of Gorman Avenue between a line parallel with and 122 feet north of the north line of George Street and a line parallel with and 125 feet north of the north line of George Sueet; and 2 WHEREAS, on December 7, 1957 the Council of the City of Saint Paul by Council File Number 3 185361, approved the petition of Amherst H. Wilder Foundation and others to vacate and discontinue as 4 public property the following property described as follows : fl1 10 11 12 13 14 15 16 17 18 14 20 21 22 23 24 25 26 27 28 29 East Robie Street between the west line of South Robert Street and the east line of Humboldt Avenue; East Winifred Street between the west line of South Robert Street and the east line of Gorman Avenue; East Winifred Street from the west line of Gorman Avenue to a line drawn from the southwest corner of Lot 3, Block 64, West St. Paul Proper, parallel to the said west line of Gorman Avenue; Gorman Avenue lying between the southeasterly line of Onega Sueet and a line parallel with and 125 feet north of north line of George Street; Livingston Avenue between a line parallel with and 131.5 feet north of the north line of George Street and a line parallel with and 175 feet north of the north line of East Winifred Street; and WHEREAS, on January 27, 1968 the Council of the City of Saint Paul, by Council FIle Number 236735, approved the petition of Amherst H. Wilder Founda6on to vacate and disconfinue as public property the following property described as follows : All that pazt of E. Winifred Street lying between the east line of Humboidt Aveuue and a line drawn pazailel with the west line of Gorman Avenue from the southwest comer of Lot 3, Block 64, West St. Paul Proper, to the south line of said E. Winifred Street: All that part of Onega Sueet lying between the north line oP E. Winifred Street and a line parallel to the north line of said E. Winifred Street and distant 42 feet northerly from said north line of E. Winifred Street measured along the westerly line of said Onega Street; and, WHEREAS, on May 19, 1992 the Council of the City of Saint Paul, by Council File Number 92-779, approved the petiuon of Neighborhood Development Alliance, Inc. per Finance Depamnent File No. 3-1992 to vacate and discontinue as public property the following property described as follows : po-�a.\ PARCEL NO. 1 2 Humboldt Avenue South (formerly Gale and Goff Avenue) as dedicated in the plat of West Saint 3 Paul, Minnesota, and those parts of South Wabasha Street (formerly Dakota Avenue) as ordered 4 opened by the Common Council of the City of Saint Paul, Mumesota on the 17th day of November, 5 1886, and the 8th day of March 1899, and also that part of said South Wabash Street as opened by 6 the Council of Saint Paul, Minnesota on the 13th day of April, 1932, lying south of the south right of 7 way line of East Congress Street (formerly Grove Street) and north of the north right of way line of 8 Winifred Street (formeriy Odell Street) as said sueets were dedicated in the plat of said West Saint 9 Paul, Minnesota and lying northwesterly and northerly of the following described line: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Beginning at the intersection of said south right of way line of East Congress Street and a line drawn 66.00 feet northwesterly of and pazallel with the southeasterly right of way line of said South Wabasha Avenue as ordered opened by the Common Council of Saint Paul, Minnesota on the 8th day of March, 1899; thence South 32 degrees 57 minutes 38 seconds West, assumed bearing, a distance of 214.65 feet along said parallel line, to a point of intersection with a line drawn 66.00 feet west of and parallel with the east line of said Humboldt Avenue South; thence on a bearing of South along said last described pazallel line a distance of 30.00 feet; thence south 19 degrees 41 minutes 06 seconds West a distance of 41.56 feet to the southeast corner of Lot 6, Block 62, said West Saint Paul, Minnesota; thence North 89 degrees 11 minutes 32 seconds West, along the South line of said Lot 6, which is also the north right of way line of said Winifred Street, a distauce of 150.12 feet to the southwest corner of said Lot 6 and there terminating. PARCEL NO. 2 That part of Onega Street (formerly Mendota Street) as dedicated in the plat of West Saint Paul Minnesota, lying south of the south line of East Congress Street (formerly Grove Street) as dedicated in the plat of said West Saint Paul, Minnesota, and lying north of a line 42.00 feet north of, as measured along the westerly line of said Onega, and parallel with the north line of East Winifred Sueet (formerly Odell Street) as dedicated in the plat of West Saint Paul, Minnesota; and, 30 WHEREAS, the petiUOner of the propeny owner has requested the release of these easements; and, 31 32 33 34 35 36 WHEREAS, on behalf of the City of Saint Paul DeparUnent of Public Works a 20 foot wide subterranean easement below 65 feet, city datum, for a sanitary sewer interceptor crossing under Livingston Avenue, Robie Street, and Gorman Avenue per Book 49, of Plans, page 19, as shown on the attached plain sheet shall be retained for the following above described properties; and, 37 WHEREAS, on behalf of the City of Saint Paul, Department of Public Works a permanent sewer 38 easement per document number 440551 shali be retained for the foilowing above described proper[ies; 39 and, 40 41 WHEREAS, US West Communications wishes to exercise its utility rights and retain all uulity rights 42 for their faciliues located at the following above described properties; and, 43 � 44 WHEREAS, the Water Utility wishes to exercise its utility rights as recorded by document 45 No. 2094649, including an extension of the water main easement per document No. 2094649 in vacated 46 Livingston Avenue to the south line of Rarig Campus plat; and, � oRl��Na� 1 WfIEREAS, Northem States Power Company - Gas and Electric Distribution wishes to 2 exercise its utility rights located within properry described as follows : 3 4 all that part of Robie Street between Humboldt Avenue and South Robert Street; and, 5 oo-�a� 6 all that part of Gorman Avenue lying south of Robie Street and north of the easterly extension of 7 the north line of I.ot 8, Slock 86, West Saint Paul Proper; and, 8 9 10 11 12 13 14 15 16 17 18 19 all that part of Livingston Avenue lying south of vacated Winifred Street and north of the easterly extension of the north line of I.ot 8, Block 87, West Saint Paul Proper; and, the north 10 feet of Livingston Avenue lyiug immediately south of Congress Street; and, WHEREAS, That, with the accompanying Utility Easement Certificates of Intended Non-Use, filed voluntarily on behaif of District Energy St. Paul, Incorporated, MCI Metro Incorporated, and MediaOne made a part hereof by this reference and filed in the office of the City Clerk of Saint Paul, the City for itself and on behalf of these corporations and deparnnents, waives the right to the utility easements in the vacated area described above. 20 THEREFORE BE IT RESOLVED, that Council of the City of St. Paul hereby releases all easements as 21 described in the vacated properties above except for all excepfions as mentioned above. 22 23 24 25 26 27 28 AND BE IT FURTHER RESOLVED, that all other terms and conditions set forth in Council File Number 134656, 185361, 236735, and 92-779 shall remain in force and effect. AND BE IT FURTHER RESOLVED, That tha petitioners, their successors and assigns agree to indemnify, defend and save hannless the City of Saint Paul, its officers and employees from all suits, actions or claims of any character brought as a result of injuries or damages received or sustained by any 24 person, persons or property on account of this vacation or petitioners' use of this property, including but 30 not limited to, a claim brought because of any act of omission, neglect, or misconduct of said peutioners 31 or because of any claims or liability arising from any violation of any law or regulation made in 3 2 accordance with the law, whether by the petitioners or any of their agents or employees. Requested by Department of: Certified by Council Secretary By: \ �--� <l- , 1' Approved by M r: Date By: Technoloev & Mana�ement Services By: ��/� (�%'_ Director Form Approved by City Attomey sy: �'�,�✓�✓�-- �- Z �- ve Approve Mayor for ub �ssion to Council By: ��� Adopted by Council: Date ��, .�,�� o c� - - Oo-�a-� T.M.S./REAL SSTATE DIVISION Date= 7/14/1999 Green Sheet Number: 100863 oatact Peisoa aad Phoae NI�Lai: ��'PaRTffiFP DIRECPOR A CITY COONCIL Y Glean Picha 266-8862 � TY 2TTORNEY t.ic,o� g'�'� �" - ost be on Comcii Agenda by: vncer axxsrrox aFrxcs oF x+�mxicxas svcs. st be on co�ci _ Pgenda by� [��Se17r �1 YOR (OR HSSISRSt�Pf) 1 /J J �[� OTAL # OF SIGNATIIRE PAGES 1 (CLIP AI,L LOCATIONS FOR SIGNATIIRE) CTION REQIIESTED: To amend Countil F51e Numbers 134656,185361, 236735, and 92-779 on November 3,1945, December 7, 1957, January 27,1968, and on May 19,1942 respectively, the Council of ttie CSty of Saint Paul pacated and 'scontinued public property located between Humboldt Avenue and Robert Street and between Congress treet and George Street This would amend the resolution so as not to retain tl►e easements as requested by e petitioner. OHI2ENDPTIOHS: EPPROVE H OR REJECT A OI7I�L SSRVICS CONTRACTS MOST AL1SWffit THE FOLLOPTING: Has the persoa/firm ever worked uader a coatract £or this epaxCmentT Y8S NO PLAMiIB3 COlESSSSON A SfAPt 3[as this persoa/fixm ever been a City employee? 7[SS NO CML SRtVIC6 COlPSSSION Does this parsoa/fixm possess a skill aot aormally possessed by • y Y85 NO . C2e Ce �� curreat City employee3 lain all YES answers on a se ate sheet and attaeh. DPPORTS ➢aHIpi C09NCIL OBJBCTIV83 COVNCIL S4ARD(S) �/^,�� DISTRICT PLANNING COIINCIL 'L NITIATING PROBLStl, ISSOS, OPPORTONITY (WLo, S4hat, iVhea, Where, 97Ly3): o remove easements that were requested to be removed by representatives of the,property owners. AG63 IF APPROVSD: �E��� � emove unnecessary easements . y � g 1$ADVANPAGS3 LF AYPR�V�: @3A$7 2C+ L u one. '� � ;� � � xsanvairraces ir xar APPROVED: � nnecess easements will be retained. OTAL AffiODNT OF TS2AN3ACTION: COST/RSVSNOE SIIDGETSD (CIRCLS ONB) YSS NO ING 509RCB: ACTIVII7 NO[�SR: INANCIAL INPORHATION: (�9T.aT�) b6t£ IIII IIIII IIIII IIIII IIIII) ; 'W loulsi4 main, • �y-d • se :N oor ao� ' ' • ooz . oa . . _ .. u.. liii.l_I.���ili+i.i,lii��li�i'ii1'�trl.N�i.il�ir_i�l, - tu�g .� � � 0 � �� � � `�� / � � I / � .^ . � � ✓ �R�( iI � � � �.{�. c�0 I������ Re� �opy to: p R I GI �IA L Real Fstate Division 140 Citp Hall Presented By Referred To counci� F�le # 00_�7,� f_rnnn ChmY it 1 n..4(�� Committee: Date WHEREAS, on November 3, 1945 the Council of the City of Saint Paul, by Council File Number 134656, approved the petition of Chazles T. Metcalf and others to vacate and discontinue as public property the following property described as follows : the West Half of Gorman Avenue between a line pazallel with and 100 feet north of the north line of George Sueet and a line parallel with and 125 feet north of the north line of George Street; and, the East Half of Gorman Avenue between a line parallel with and 122 feet north of the north line of George Street and a line parallel with and 125 feet north of the north line of George Sueet; and 2 WHEREAS, on December 7, 1957 the Council of the City of Saint Paul by Council File Number 3 185361, approved the petition of Amherst H. Wilder Foundation and others to vacate and discontinue as 4 public property the following property described as follows : fl1 10 11 12 13 14 15 16 17 18 14 20 21 22 23 24 25 26 27 28 29 East Robie Street between the west line of South Robert Street and the east line of Humboldt Avenue; East Winifred Street between the west line of South Robert Street and the east line of Gorman Avenue; East Winifred Street from the west line of Gorman Avenue to a line drawn from the southwest corner of Lot 3, Block 64, West St. Paul Proper, parallel to the said west line of Gorman Avenue; Gorman Avenue lying between the southeasterly line of Onega Sueet and a line parallel with and 125 feet north of north line of George Street; Livingston Avenue between a line parallel with and 131.5 feet north of the north line of George Street and a line parallel with and 175 feet north of the north line of East Winifred Street; and WHEREAS, on January 27, 1968 the Council of the City of Saint Paul, by Council FIle Number 236735, approved the petition of Amherst H. Wilder Founda6on to vacate and disconfinue as public property the following property described as follows : All that pazt of E. Winifred Street lying between the east line of Humboidt Aveuue and a line drawn pazailel with the west line of Gorman Avenue from the southwest comer of Lot 3, Block 64, West St. Paul Proper, to the south line of said E. Winifred Street: All that part of Onega Sueet lying between the north line oP E. Winifred Street and a line parallel to the north line of said E. Winifred Street and distant 42 feet northerly from said north line of E. Winifred Street measured along the westerly line of said Onega Street; and, WHEREAS, on May 19, 1992 the Council of the City of Saint Paul, by Council File Number 92-779, approved the petiuon of Neighborhood Development Alliance, Inc. per Finance Depamnent File No. 3-1992 to vacate and discontinue as public property the following property described as follows : po-�a.\ PARCEL NO. 1 2 Humboldt Avenue South (formerly Gale and Goff Avenue) as dedicated in the plat of West Saint 3 Paul, Minnesota, and those parts of South Wabasha Street (formerly Dakota Avenue) as ordered 4 opened by the Common Council of the City of Saint Paul, Mumesota on the 17th day of November, 5 1886, and the 8th day of March 1899, and also that part of said South Wabash Street as opened by 6 the Council of Saint Paul, Minnesota on the 13th day of April, 1932, lying south of the south right of 7 way line of East Congress Street (formerly Grove Street) and north of the north right of way line of 8 Winifred Street (formeriy Odell Street) as said sueets were dedicated in the plat of said West Saint 9 Paul, Minnesota and lying northwesterly and northerly of the following described line: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Beginning at the intersection of said south right of way line of East Congress Street and a line drawn 66.00 feet northwesterly of and pazallel with the southeasterly right of way line of said South Wabasha Avenue as ordered opened by the Common Council of Saint Paul, Minnesota on the 8th day of March, 1899; thence South 32 degrees 57 minutes 38 seconds West, assumed bearing, a distance of 214.65 feet along said parallel line, to a point of intersection with a line drawn 66.00 feet west of and parallel with the east line of said Humboldt Avenue South; thence on a bearing of South along said last described pazallel line a distance of 30.00 feet; thence south 19 degrees 41 minutes 06 seconds West a distance of 41.56 feet to the southeast corner of Lot 6, Block 62, said West Saint Paul, Minnesota; thence North 89 degrees 11 minutes 32 seconds West, along the South line of said Lot 6, which is also the north right of way line of said Winifred Street, a distauce of 150.12 feet to the southwest corner of said Lot 6 and there terminating. PARCEL NO. 2 That part of Onega Street (formerly Mendota Street) as dedicated in the plat of West Saint Paul Minnesota, lying south of the south line of East Congress Street (formerly Grove Street) as dedicated in the plat of said West Saint Paul, Minnesota, and lying north of a line 42.00 feet north of, as measured along the westerly line of said Onega, and parallel with the north line of East Winifred Sueet (formerly Odell Street) as dedicated in the plat of West Saint Paul, Minnesota; and, 30 WHEREAS, the petiUOner of the propeny owner has requested the release of these easements; and, 31 32 33 34 35 36 WHEREAS, on behalf of the City of Saint Paul DeparUnent of Public Works a 20 foot wide subterranean easement below 65 feet, city datum, for a sanitary sewer interceptor crossing under Livingston Avenue, Robie Street, and Gorman Avenue per Book 49, of Plans, page 19, as shown on the attached plain sheet shall be retained for the following above described properties; and, 37 WHEREAS, on behalf of the City of Saint Paul, Department of Public Works a permanent sewer 38 easement per document number 440551 shali be retained for the foilowing above described proper[ies; 39 and, 40 41 WHEREAS, US West Communications wishes to exercise its utility rights and retain all uulity rights 42 for their faciliues located at the following above described properties; and, 43 � 44 WHEREAS, the Water Utility wishes to exercise its utility rights as recorded by document 45 No. 2094649, including an extension of the water main easement per document No. 2094649 in vacated 46 Livingston Avenue to the south line of Rarig Campus plat; and, � oRl��Na� 1 WfIEREAS, Northem States Power Company - Gas and Electric Distribution wishes to 2 exercise its utility rights located within properry described as follows : 3 4 all that part of Robie Street between Humboldt Avenue and South Robert Street; and, 5 oo-�a� 6 all that part of Gorman Avenue lying south of Robie Street and north of the easterly extension of 7 the north line of I.ot 8, Slock 86, West Saint Paul Proper; and, 8 9 10 11 12 13 14 15 16 17 18 19 all that part of Livingston Avenue lying south of vacated Winifred Street and north of the easterly extension of the north line of I.ot 8, Block 87, West Saint Paul Proper; and, the north 10 feet of Livingston Avenue lyiug immediately south of Congress Street; and, WHEREAS, That, with the accompanying Utility Easement Certificates of Intended Non-Use, filed voluntarily on behaif of District Energy St. Paul, Incorporated, MCI Metro Incorporated, and MediaOne made a part hereof by this reference and filed in the office of the City Clerk of Saint Paul, the City for itself and on behalf of these corporations and deparnnents, waives the right to the utility easements in the vacated area described above. 20 THEREFORE BE IT RESOLVED, that Council of the City of St. Paul hereby releases all easements as 21 described in the vacated properties above except for all excepfions as mentioned above. 22 23 24 25 26 27 28 AND BE IT FURTHER RESOLVED, that all other terms and conditions set forth in Council File Number 134656, 185361, 236735, and 92-779 shall remain in force and effect. AND BE IT FURTHER RESOLVED, That tha petitioners, their successors and assigns agree to indemnify, defend and save hannless the City of Saint Paul, its officers and employees from all suits, actions or claims of any character brought as a result of injuries or damages received or sustained by any 24 person, persons or property on account of this vacation or petitioners' use of this property, including but 30 not limited to, a claim brought because of any act of omission, neglect, or misconduct of said peutioners 31 or because of any claims or liability arising from any violation of any law or regulation made in 3 2 accordance with the law, whether by the petitioners or any of their agents or employees. Requested by Department of: Certified by Council Secretary By: \ �--� <l- , 1' Approved by M r: Date By: Technoloev & Mana�ement Services By: ��/� (�%'_ Director Form Approved by City Attomey sy: �'�,�✓�✓�-- �- Z �- ve Approve Mayor for ub �ssion to Council By: ��� Adopted by Council: Date ��, .�,�� o c� - - Oo-�a-� T.M.S./REAL SSTATE DIVISION Date= 7/14/1999 Green Sheet Number: 100863 oatact Peisoa aad Phoae NI�Lai: ��'PaRTffiFP DIRECPOR A CITY COONCIL Y Glean Picha 266-8862 � TY 2TTORNEY t.ic,o� g'�'� �" - ost be on Comcii Agenda by: vncer axxsrrox aFrxcs oF x+�mxicxas svcs. st be on co�ci _ Pgenda by� [��Se17r �1 YOR (OR HSSISRSt�Pf) 1 /J J �[� OTAL # OF SIGNATIIRE PAGES 1 (CLIP AI,L LOCATIONS FOR SIGNATIIRE) CTION REQIIESTED: To amend Countil F51e Numbers 134656,185361, 236735, and 92-779 on November 3,1945, December 7, 1957, January 27,1968, and on May 19,1942 respectively, the Council of ttie CSty of Saint Paul pacated and 'scontinued public property located between Humboldt Avenue and Robert Street and between Congress treet and George Street This would amend the resolution so as not to retain tl►e easements as requested by e petitioner. OHI2ENDPTIOHS: EPPROVE H OR REJECT A OI7I�L SSRVICS CONTRACTS MOST AL1SWffit THE FOLLOPTING: Has the persoa/firm ever worked uader a coatract £or this epaxCmentT Y8S NO PLAMiIB3 COlESSSSON A SfAPt 3[as this persoa/fixm ever been a City employee? 7[SS NO CML SRtVIC6 COlPSSSION Does this parsoa/fixm possess a skill aot aormally possessed by • y Y85 NO . C2e Ce �� curreat City employee3 lain all YES answers on a se ate sheet and attaeh. DPPORTS ➢aHIpi C09NCIL OBJBCTIV83 COVNCIL S4ARD(S) �/^,�� DISTRICT PLANNING COIINCIL 'L NITIATING PROBLStl, ISSOS, OPPORTONITY (WLo, S4hat, iVhea, Where, 97Ly3): o remove easements that were requested to be removed by representatives of the,property owners. AG63 IF APPROVSD: �E��� � emove unnecessary easements . y � g 1$ADVANPAGS3 LF AYPR�V�: @3A$7 2C+ L u one. '� � ;� � � xsanvairraces ir xar APPROVED: � nnecess easements will be retained. OTAL AffiODNT OF TS2AN3ACTION: COST/RSVSNOE SIIDGETSD (CIRCLS ONB) YSS NO ING 509RCB: ACTIVII7 NO[�SR: INANCIAL INPORHATION: (�9T.aT�) b6t£ IIII IIIII IIIII IIIII IIIII) ; 'W loulsi4 main, • �y-d • se :N oor ao� ' ' • ooz . oa . . _ .. u.. liii.l_I.���ili+i.i,lii��li�i'ii1'�trl.N�i.il�ir_i�l, - tu�g .� � � 0 � �� � � `�� / � � I / � .^ . � � ✓ �R�( iI � � � �.{�. c�0 I������ Re� �opy to: p R I GI �IA L Real Fstate Division 140 Citp Hall Presented By Referred To counci� F�le # 00_�7,� f_rnnn ChmY it 1 n..4(�� Committee: Date WHEREAS, on November 3, 1945 the Council of the City of Saint Paul, by Council File Number 134656, approved the petition of Chazles T. Metcalf and others to vacate and discontinue as public property the following property described as follows : the West Half of Gorman Avenue between a line pazallel with and 100 feet north of the north line of George Sueet and a line parallel with and 125 feet north of the north line of George Street; and, the East Half of Gorman Avenue between a line parallel with and 122 feet north of the north line of George Street and a line parallel with and 125 feet north of the north line of George Sueet; and 2 WHEREAS, on December 7, 1957 the Council of the City of Saint Paul by Council File Number 3 185361, approved the petition of Amherst H. Wilder Foundation and others to vacate and discontinue as 4 public property the following property described as follows : fl1 10 11 12 13 14 15 16 17 18 14 20 21 22 23 24 25 26 27 28 29 East Robie Street between the west line of South Robert Street and the east line of Humboldt Avenue; East Winifred Street between the west line of South Robert Street and the east line of Gorman Avenue; East Winifred Street from the west line of Gorman Avenue to a line drawn from the southwest corner of Lot 3, Block 64, West St. Paul Proper, parallel to the said west line of Gorman Avenue; Gorman Avenue lying between the southeasterly line of Onega Sueet and a line parallel with and 125 feet north of north line of George Street; Livingston Avenue between a line parallel with and 131.5 feet north of the north line of George Street and a line parallel with and 175 feet north of the north line of East Winifred Street; and WHEREAS, on January 27, 1968 the Council of the City of Saint Paul, by Council FIle Number 236735, approved the petition of Amherst H. Wilder Founda6on to vacate and disconfinue as public property the following property described as follows : All that pazt of E. Winifred Street lying between the east line of Humboidt Aveuue and a line drawn pazailel with the west line of Gorman Avenue from the southwest comer of Lot 3, Block 64, West St. Paul Proper, to the south line of said E. Winifred Street: All that part of Onega Sueet lying between the north line oP E. Winifred Street and a line parallel to the north line of said E. Winifred Street and distant 42 feet northerly from said north line of E. Winifred Street measured along the westerly line of said Onega Street; and, WHEREAS, on May 19, 1992 the Council of the City of Saint Paul, by Council File Number 92-779, approved the petiuon of Neighborhood Development Alliance, Inc. per Finance Depamnent File No. 3-1992 to vacate and discontinue as public property the following property described as follows : po-�a.\ PARCEL NO. 1 2 Humboldt Avenue South (formerly Gale and Goff Avenue) as dedicated in the plat of West Saint 3 Paul, Minnesota, and those parts of South Wabasha Street (formerly Dakota Avenue) as ordered 4 opened by the Common Council of the City of Saint Paul, Mumesota on the 17th day of November, 5 1886, and the 8th day of March 1899, and also that part of said South Wabash Street as opened by 6 the Council of Saint Paul, Minnesota on the 13th day of April, 1932, lying south of the south right of 7 way line of East Congress Street (formerly Grove Street) and north of the north right of way line of 8 Winifred Street (formeriy Odell Street) as said sueets were dedicated in the plat of said West Saint 9 Paul, Minnesota and lying northwesterly and northerly of the following described line: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Beginning at the intersection of said south right of way line of East Congress Street and a line drawn 66.00 feet northwesterly of and pazallel with the southeasterly right of way line of said South Wabasha Avenue as ordered opened by the Common Council of Saint Paul, Minnesota on the 8th day of March, 1899; thence South 32 degrees 57 minutes 38 seconds West, assumed bearing, a distance of 214.65 feet along said parallel line, to a point of intersection with a line drawn 66.00 feet west of and parallel with the east line of said Humboldt Avenue South; thence on a bearing of South along said last described pazallel line a distance of 30.00 feet; thence south 19 degrees 41 minutes 06 seconds West a distance of 41.56 feet to the southeast corner of Lot 6, Block 62, said West Saint Paul, Minnesota; thence North 89 degrees 11 minutes 32 seconds West, along the South line of said Lot 6, which is also the north right of way line of said Winifred Street, a distauce of 150.12 feet to the southwest corner of said Lot 6 and there terminating. PARCEL NO. 2 That part of Onega Street (formerly Mendota Street) as dedicated in the plat of West Saint Paul Minnesota, lying south of the south line of East Congress Street (formerly Grove Street) as dedicated in the plat of said West Saint Paul, Minnesota, and lying north of a line 42.00 feet north of, as measured along the westerly line of said Onega, and parallel with the north line of East Winifred Sueet (formerly Odell Street) as dedicated in the plat of West Saint Paul, Minnesota; and, 30 WHEREAS, the petiUOner of the propeny owner has requested the release of these easements; and, 31 32 33 34 35 36 WHEREAS, on behalf of the City of Saint Paul DeparUnent of Public Works a 20 foot wide subterranean easement below 65 feet, city datum, for a sanitary sewer interceptor crossing under Livingston Avenue, Robie Street, and Gorman Avenue per Book 49, of Plans, page 19, as shown on the attached plain sheet shall be retained for the following above described properties; and, 37 WHEREAS, on behalf of the City of Saint Paul, Department of Public Works a permanent sewer 38 easement per document number 440551 shali be retained for the foilowing above described proper[ies; 39 and, 40 41 WHEREAS, US West Communications wishes to exercise its utility rights and retain all uulity rights 42 for their faciliues located at the following above described properties; and, 43 � 44 WHEREAS, the Water Utility wishes to exercise its utility rights as recorded by document 45 No. 2094649, including an extension of the water main easement per document No. 2094649 in vacated 46 Livingston Avenue to the south line of Rarig Campus plat; and, � oRl��Na� 1 WfIEREAS, Northem States Power Company - Gas and Electric Distribution wishes to 2 exercise its utility rights located within properry described as follows : 3 4 all that part of Robie Street between Humboldt Avenue and South Robert Street; and, 5 oo-�a� 6 all that part of Gorman Avenue lying south of Robie Street and north of the easterly extension of 7 the north line of I.ot 8, Slock 86, West Saint Paul Proper; and, 8 9 10 11 12 13 14 15 16 17 18 19 all that part of Livingston Avenue lying south of vacated Winifred Street and north of the easterly extension of the north line of I.ot 8, Block 87, West Saint Paul Proper; and, the north 10 feet of Livingston Avenue lyiug immediately south of Congress Street; and, WHEREAS, That, with the accompanying Utility Easement Certificates of Intended Non-Use, filed voluntarily on behaif of District Energy St. Paul, Incorporated, MCI Metro Incorporated, and MediaOne made a part hereof by this reference and filed in the office of the City Clerk of Saint Paul, the City for itself and on behalf of these corporations and deparnnents, waives the right to the utility easements in the vacated area described above. 20 THEREFORE BE IT RESOLVED, that Council of the City of St. Paul hereby releases all easements as 21 described in the vacated properties above except for all excepfions as mentioned above. 22 23 24 25 26 27 28 AND BE IT FURTHER RESOLVED, that all other terms and conditions set forth in Council File Number 134656, 185361, 236735, and 92-779 shall remain in force and effect. AND BE IT FURTHER RESOLVED, That tha petitioners, their successors and assigns agree to indemnify, defend and save hannless the City of Saint Paul, its officers and employees from all suits, actions or claims of any character brought as a result of injuries or damages received or sustained by any 24 person, persons or property on account of this vacation or petitioners' use of this property, including but 30 not limited to, a claim brought because of any act of omission, neglect, or misconduct of said peutioners 31 or because of any claims or liability arising from any violation of any law or regulation made in 3 2 accordance with the law, whether by the petitioners or any of their agents or employees. Requested by Department of: Certified by Council Secretary By: \ �--� <l- , 1' Approved by M r: Date By: Technoloev & Mana�ement Services By: ��/� (�%'_ Director Form Approved by City Attomey sy: �'�,�✓�✓�-- �- Z �- ve Approve Mayor for ub �ssion to Council By: ��� Adopted by Council: Date ��, .�,�� o c� - - Oo-�a-� T.M.S./REAL SSTATE DIVISION Date= 7/14/1999 Green Sheet Number: 100863 oatact Peisoa aad Phoae NI�Lai: ��'PaRTffiFP DIRECPOR A CITY COONCIL Y Glean Picha 266-8862 � TY 2TTORNEY t.ic,o� g'�'� �" - ost be on Comcii Agenda by: vncer axxsrrox aFrxcs oF x+�mxicxas svcs. st be on co�ci _ Pgenda by� [��Se17r �1 YOR (OR HSSISRSt�Pf) 1 /J J �[� OTAL # OF SIGNATIIRE PAGES 1 (CLIP AI,L LOCATIONS FOR SIGNATIIRE) CTION REQIIESTED: To amend Countil F51e Numbers 134656,185361, 236735, and 92-779 on November 3,1945, December 7, 1957, January 27,1968, and on May 19,1942 respectively, the Council of ttie CSty of Saint Paul pacated and 'scontinued public property located between Humboldt Avenue and Robert Street and between Congress treet and George Street This would amend the resolution so as not to retain tl►e easements as requested by e petitioner. OHI2ENDPTIOHS: EPPROVE H OR REJECT A OI7I�L SSRVICS CONTRACTS MOST AL1SWffit THE FOLLOPTING: Has the persoa/firm ever worked uader a coatract £or this epaxCmentT Y8S NO PLAMiIB3 COlESSSSON A SfAPt 3[as this persoa/fixm ever been a City employee? 7[SS NO CML SRtVIC6 COlPSSSION Does this parsoa/fixm possess a skill aot aormally possessed by • y Y85 NO . C2e Ce �� curreat City employee3 lain all YES answers on a se ate sheet and attaeh. DPPORTS ➢aHIpi C09NCIL OBJBCTIV83 COVNCIL S4ARD(S) �/^,�� DISTRICT PLANNING COIINCIL 'L NITIATING PROBLStl, ISSOS, OPPORTONITY (WLo, S4hat, iVhea, Where, 97Ly3): o remove easements that were requested to be removed by representatives of the,property owners. AG63 IF APPROVSD: �E��� � emove unnecessary easements . y � g 1$ADVANPAGS3 LF AYPR�V�: @3A$7 2C+ L u one. '� � ;� � � xsanvairraces ir xar APPROVED: � nnecess easements will be retained. OTAL AffiODNT OF TS2AN3ACTION: COST/RSVSNOE SIIDGETSD (CIRCLS ONB) YSS NO ING 509RCB: ACTIVII7 NO[�SR: INANCIAL INPORHATION: (�9T.aT�) b6t£ IIII IIIII IIIII IIIII IIIII) ; 'W loulsi4 main, • �y-d • se :N oor ao� ' ' • ooz . oa . . _ .. u.. liii.l_I.���ili+i.i,lii��li�i'ii1'�trl.N�i.il�ir_i�l, - tu�g .� � � 0 � �� � � `�� / � � I / � .^ . � � ✓ �R�( iI � � � �.{�. c�0 I������