280426 WMITE - CiTV CLERK
CI NARV - DEPARTMENT COUflCll �{� `���..�
BLUE - MAVOR GITY OF SAINT PAUL File NO. ��
�
Council esoluti n
� ,
Presented By
Referred To Committee: Date
Out of Committee By Date
WHEREAS, The Council of the City of Saint Paul by Council Resolution
C.F. 279981 adopted March 15, 1983, and at the request of Dacotah
Investments, did vacate a portion of public alley as specifically
described in said resolution; and
WHEREAS, the terms and conditions of said resolution incorporate
the requirement in Chapter 130 of the Saint Paul Legislative Code that
the terms and conditions imposed therein be completed within 60 days;
and
WHEREAS, Dacotah Investments has asked that it be granted a 60 day
extension in the time period for compliance.
NOW THEREFORE BE IT RESOLVED That Council Resolution C.F. 279981
adopted March 15, 1983 is amended so as to extend the date of compliance
60 days beyond the original date for compliance.
BE IT FURTHER RESOLVED, That in all other respects Council Resolution
C.F. 279981 shall remain in full force and effect.
COUNCILMEN Requested by Department of:
Yeas Fletcher Nays /�
Galles �� In Favor
Masanz �
Nicosia
schetbe� __ Against BY
7edesco
�ILilas�r-
'��� � }963 Form Approv y City Attorne
Adopted by Council: Date
Certifie P . by Cou � Secreta S �'3 �`3
By
Appro ed Mavor: Date `�UN 6 ��� Approved by Mayor for Submission to Council
By — BY
� usus�EO JUN 11 1983
`�������
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R,.�t==�.+ - CITY OF SAINT PAUL
; o � OFFICE OF THE CITY ATTORNEY
a iii�i i 1d o
o .. EDWARD P. STARR, CITY ATTORNEY
�••• 647 City Hall,Saint Paul,Minnesota 55102
612-298-5121
GEORGE LATIMER
MAYOR
May 23, 1983
Mr. Albert Olson
City Clerk
386 City Hall
Bldg.
Re: Dacotah Investments' Request for Extension
in Compliance Date of Vacation Resolution
Dear Mr. Olson:
Attached please find the resolution �rhich you requested.
Very truly yours,
s._
- ' _�,��, ��..Y~_....���_
WALTER �. BOW,S'�R
e.
Assistant� City Attorney
WAB:rl
Att.
cc: J. William Donovan
�����h�
M I L L E R & R U P P
Attorneys At Law
May 18, 1983
�
=; =t -
c�—c
—;.� r�
Albert B. Olson =``'' '"'
�-, �, -
City Clerk r= o rn
386 City Hall �-" '�' °
St. Paul, Minnesota 55102 -� �
�T
�� ��
RE: Vacation of Alley in Block 24, St. Paul Proper �� w
Dear Mr. Olson:
Pursuant to a conversation which I had with Walter Bowser ,
Assistant City Attorney, this morning I am writing this
letter in order to request a an extension of time within
which to comply with the requirements of the City Council' s
resolution relative to the above referred to alley vaca-
tion. Specifically, we would request that Dacotah Invest-
ments be given an additional sixty (60) days in which to
comply with the requirements of that resolution. This
request is occasioned because of certain delays in the
closing of a transaction relative to the alley. While we
believe that the closing should take place within the
relatively near future, the request for an additional sixty
(60) days is made in order to avoid the possibility of
having to request an additional extension.
Please feel free to contact me at our downtown office if
. you have any questions or comments regarding this. �
Thank you for your cooperation.
Sincerely,
�I LER R P
ohn Michael Miller
JMM: kicf164
John M.Miller• John R Rupp
D Hill District:204 Dacotah Building,St Pau�MN 55102(612)298-1344
�Downtown St Paul: 938 Minnesota Building,St Pau� MN 55101 (612)298-0060
wHITE - C�TV CLERK
PINK - ��NANCE G I TY O F SA I NT PA U L Council
� AY - OE�4RTMENT +
UE - MAYOR File .NO.
�� Counc 'l Resolution fi'� � � y �
Presented By ' ,
T Referred To Committee: Date
Out of Committee By Date
RESOLVED, That upon the petition of Dacotah Investments,
that section of public alley hereinafter described, be and the
same hereby is vacated and discontinued as a public alley:
A 11 The East-West alley in Block 24,
St. Paul Proper legally described as
the Southerly 12 feet of Lots 4, 5 and
6, Block 24, St. Paul Proper, taken
for alley purposes including any slope
easements and the City' s right to removal
of lateral support;
subject expressly to the following conditions and reservations:
1. That the vacation be subject to all the terms
and conditions of Chapter 130 of the St. Paul
Legislative Code, as amended, including the
retention of all public utilities easements.
2. That a specific easement be retained to protect
the interests of Northwestern Bell Telephone
Company.
3. That the prime petitioner, Dacotah Investments,
its successors or assigns, by acceptance of this
- vacation, also accepts responsibility for the
existing underground sandrock storm sewer between
elevation 30 and 50 City Datum and the existing
COUNCILMEN
Yeas Nays Requested by Department of:
Fletcher
�evine [n Favor
Masanz —
Nicosia
scneine� _ Against BY
Tedesco
Wilson
Adopted by Council: Date Form Appr ity Attor
Cert�fied Passed by Council Secretary � `��'�_ `�3 -
B}�
Approved by Mavor: Date ____ __ Approved by Mayor for Submission to Council
B5� ---------_ _ _-------- -- ---- ---------- BY — ___ _ ----
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2
catch basin at the easterly end of said alley.
4. That the prime petitioner must bulk-head said
sewer at the Cedar Street outlet at his cost and
expense, at such time as the alley is no longer
needed to carry storm drainage, all to the satis-
faction of the Sewer Engineer of the Department
of Public Works.
5. That access to the alley be not denied to any of
the abutting property owners without their written
approval.
6. That the petitioner pay to the City as market value
the sum of $22, 500.00 as compensation for the
vacation.
7. That the petitioner furnish the City with a bond in
the amount of $2,000.00, and by acceptance of the
terms and conditions of this vacation agrees to
indemnify, defend and save harmless the City of
Saint Paul, its officers and employees from all
suits, actions, or claims of any character, includ-
, ing but not limited to, a claim brought because of
any injuries, or damages 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 said petitioner; or because of any
claim 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.
`:,,2 t.n'� �i-.:l i�"f_3.