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�; ���� City Clerk
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CITY OF SAINT PAUL
INTERDEPARTMENTAL MEMORANDUti.
�l�`I�,� A rll
To: Ruby Hunt, Council President
and Members of the City Council
From: J. William Dnnova.n
Valuation and Assessment Engineer
Date: April 13, 1982
Subject: Petition of Frank and Rase Hegner and Kenneth W. Ba.cchus, '
Inc. for the vacation of pa.rt of the alley and all of the
draina.ge easement in Block l, Budde's Addition.
Public Hearing - April 20, 1982
This va.cation ha.s been requested to allow Kenneth W. Bacchus, Inc. purchaser
of the Hegner property, to consolidate the Hegner awnership and develop six
new single fami]y homes. The petitioners state that the alley is not necessary
for them or others in the block. They also state that they will rededicate
and reconstruct a drainage easement at their expense. The tota.l area. of the
unimproved alley to be vacated is 787.2 square feet and the tota.l area of the
improved permanent draina.ge easement to be released is 11+29.06 square feet.
The area is zoned R-3, Single Family Residential.
The Department of Public Works has revie�red this va.cation and have no ob- •
3ections. The Sewer Engineer has revie�red and finds the proposed relocated
, drainage easement acceptable.
Northern States PvHrer Compa.r�y reports one pole in the proposed va.cation area.
They request protection of their interests.
There were no objections or reco�endations �om ar�y other public or priva.te
agency involved.
In view of the foregoing, I recommend approval of the alley vacation and re-
lease of the permanent drainage ea.sement sub�ect to the follc�wing terms and
conditions;
l. Tha.t the description of that pa.rt of the alley to be vacated
read as follaws;
Al1 that part of the East-West alley in Block 1,
Budde's Addition that lies between Lots 1 and 14
of said block.
�x That the va.cation be subject to all the terms and conditions of
Chapter 130, codified March 1, 1981 of the St. P�.ul Legis]�.tive
Code, as amended, including the retention of all public utilities
easements.
y3� That pa.rt of the permanent draina.ge easement now being held by
the City be released, said pa.rt of ea.sement be described as
follaws:
� _ � lJ
� � ' • � �'78641
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The northerly 10 feet of the southerly 10 feet of
Lot 1, Block 1, Budde's Addition.
Also, that part of the north half of the northeast
quarter of the northea.st qua.rter of Section 20, Town-
ship 29, Range 24, ],ying east of Budde's Addition and
flzrther ],ying in a strip of land 10 feet in width, the
centerline of which is described as follc�ws:
Beginni.ng at a point on the east line of Lot l, Block 1,
Budde's Addition, a distance of 5 feet northerl,y of the
north line of the platted alley in sa.id Block 1, measured
on the ea.st line of said Lot l; thence easter�y on a
straight line pa.rallel to the easterly produced north
line of sa.id alley in Block 1 to a point a distance of
82.0 feet; thence norther]y on a straight line at a
deflection angle of 90 degrees to the said produced
north line of said alley to a point of intersection w�ith the
south line of platted E. Larpenteur Avenue and there termi-
na.t fng.
� That a specific easement be reta.ined to protect the interest of
Northern Sta.tes Pvwer Compar�y within the vacated portion of said
alley. •
a� no cAa� � �►
��: That the petitioner�ed�to the City a ce t;a.i.n parcel of land to
use for street purposes, and described as follcyws:
That part of the Northeast Quarter of the Northea.st
Quarter of Section 20,Tc�wnship 29, Range 22, Ramsey Cnunty,
Minnesota lying easter]y of the east line of BUDDE'S
ADDIT ION, accordin� to the recorded plat thereof, Ramsey
County, Minnesota, and lying northwesterly of the north-
westerl,y right-of way of Pa.rkway Drive and lying south-
westerly of a line dxawn from a point on the east line
of sa.id SUDDE'S ADDITION dista.nt 20.62 feet norther�}r of
said northwesterly ri.ght-of wa.y of Pa.rkway Drive as
measured along said east line of BUDDE'S ADDITION to a
point on sa.id northwester]�y right-of way�«f P�,rkwa.y Drive
distant 13•00 feet northea.sterly of said� line of
BUDDE'S ADDITION as measured along said northw'esterly
right-of way of Parkway Drive.
J.6� That the petitioners, their heirs or assigns must be responsible
for all costs and expenses involved in the deeding of that portion
of property for street purposes at the Northwest corner of East
Ca.lifornia Avenue and Pa.rkway Drive, in a ma.nner and form approved
by the City Attorney and the Department of Public Works.
a���►t.o Go�' f► Js.iC�.,
�,.7� That the petitioner^grant to the �ity a permanent drainage ease-
ment on, over and across land described as follows;
. 278641
. . . .
-3-
That part of the Northeast Quarter of the Northeast
Quarter of Section 20, Township 29, Range 22, Ramsey
County, Minnesota, and that pa.rt of Lot 1, Block l,
BUDDE'S ADD1'rION, according to the recorded plat there-
of, Ramsey County, Minnesota, ]�ying 5.00 feet on each
side of a centerline described as commencing at the south-
west corner of said Lot l; thence norther�y along the
west line of said Lot 1 a distance of 5.00 feet to the
point of beginning of the centerline to be described;
thence ea.ster�jr parallel with the south line of sa.id Lot
1 a dista.nce of 32.72 feet; thence northeasterly, de-
flecting to the left 50 de�rees, �+7 miuutes, 33 seconds
to the south line of the north 119.00 feet of said North-
east Qua.rter of the Northeast Quaxter; thence easterly,
along said south line of the north 119.00 feet of the
Northeast Qua.r-ter of the Northeast Quarter, to the ea.st
line of the west 454.35 feet of said Northeast Quarter of
the Northea.st Qwarter and said centerline there terminating.
The sidelines of said strip are to be prolonged or shortened
to termir�ate on said west line of Lot 1 and on said east
line of the west �+5�.35 feet of the Northeast Quarter of the
Northeast Quarter.
Together with the east 10.00 feet of the west 391•93 feet of
the south 89.00 feet of the north 119.00 feet of the North-
east Qua.rter of the Northeast Quaxter of Section 20, Tvwn-
ship 29, Range 22, Ramsey County, Minnesota.
Together with that pa.rt of the Northeast Quarter of the
Northeast Quarter of Section 20, Tawnship 29, Range 22,
Ramsey County, Minnesota described as beginning at a point
on the east line of the west 391•93 feet of said Northeast
Quarter of the Northeast Quarter distant 85.00 feet south of,
as measured at right angles to the north line of said North-
east Quarter of the Northeast Qt�arter; thence northerly along
sa.id east line of the west 391•93 feet of the Northeast Qus.rter
of the Northeast Quarter to the south line of the north 30.00
feet of said Northea.st Quarter of the Northeast Quarter,
thence ea.ster�y along said south line of the north 30.00 feet
of the Northeast Qua.rter of the Northeast Quarter a distance
of 7.00 feet; thence southwesterly to the point of be�inning.
For record purposes, it should be understood that the above ea.sement is to be
combined with that part of the permanent drainage easement ncn,r being held by
the City of St. Paul described as follaws;
That triangular tract l,yi.ng within the follawing described '
lines :
Beginning at a point of intersection of the north line of the
platted alley in Block 1, Budde's Addition and east line of
Lot 2, Block l, Budde's Addition; thence westerly on said alley
north line to a point a distance of 10 feet, thence on a straight
line in a northeaster�y direction to a point of intersection
with the ea.st line of said Lot 2, a dista.nce of 10 feet from the
� .� � . -�- �'78641
point of beginnir� measured northerl,y on the east line
of said Lot 2; thence southerly on the east line of said
I,ot 2 to the point of beginning and there terminating.
Restrictions within the easement area are as follaws;
a) That 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 �`a.cilities
for ma.intenance purposes.
b) That no change from the existing grade is permitted
withaut written permission from the Water Utility.
c) That no change in sur�.cing within the ea.sement axea
is permitted without written permission from the Water
Utility.
d) That the petitioner, its successors and assigns s2�a11
flxlly indemnif�, defend and save harmless the City of
Saint Pa.ul and the Boa.rd of Water Commissioners, their
officers, agents, employees and serva.nts from all suits,
actions or claims which sha.11 arise �om ar�y injuries
or dama.ges received or sustained by ar�y break in ar�y
service pipe, water main, or connection in said re-
served ea.sement, arising out of or resulting f�om ar�y
action or negligence of the petitioner, its employees,
agents or business invitees.
"j�8: That the petitioners, their heirs or assigns shall be responsible
for all costs and expenses involved, in the deeding to the City,
of the ne�w drainage ea.sement� as well as being responsible for the
costs and expenses involved in the construction of drainage facili-
ties in said easements, a11 to the sa.tisfaction of the Department of
Public Works and the City Attorney's Office.
��9'. Tha.t the petitioners shall obtain and be responsible for all costs
and expenses involved in obtaining a�r and all permits required by
the City, County or State for the construction of the above referenced '
drainage easement, all to the sa.tisfaction of the Public Works De-
partment 9ewer Engineer. '
�h0: That the petitioners pa.y to the City as market va.lue the sum of $250.00
as compensation for the vacation.
f� .l-r That the petitioners flzrnish the City with a perpetual bond in the �
amount of $2,000.00, and in addition thereto, by acceptance of the
terms and conditions of this va.cation, agree to indemnify, defend
and save harmless the City of Saint Pa.ul, its officers and employees
from all suits, actions, or claims of ar�y character, including, but ,
not limited to, a claim brought because of ar�y injuries, or dama.ges '
received or sustained by ar�y person, persons or property, on account
of this vacation; or because of an�y act or omission, neglect or
misconduct of sa.id petitioner; or because of ar�y claim or liability i
arising from or based on aqy violation of ar�y law or regulation made _
. . • �8641
. _ .� �
-5-
in accordance with the l.a.w, whether by the petitioner or
an�y of its agents or employees.
,�
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cc: Mayor George Latimer
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