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� �e' �,f
CITY OF SAINT PAUL
INTERDEPARTMENTAL MEMORANDUM
To: Victor Tedesco, Council President
and Members of the City Council
From: J. William Donovan
Valuation and Assessment Enginee�r
Date: October 1, 1982
Subject: Petition of the Stuart Corporation for the vacation of a part of
East 7th Street between Sibley and Wacouta Streets and part of
alley in Block 7, Whitney and Smith's Addition
Public Hearing - October 12, 1982
The petitioner, Stuart Corporation, on behalf of the abutting property owner,
Aeritage Aouse Apartment Limited Partnership requests this vacation be granted
to help clear the title of the abutting property. The proposed vacation would
be limited to the existing encroachment. The vacated area would revert back
to the City immediately upon removal of said encroachment and without compen-
sation being paid by the City. The effective area to be vacated consists of
55.27 square feet and is zoned B-5 (Business).
The Department of Public Works has no objections to the said vacation subject
to the above stipulation.
There were no objections from any other public or private agencies involved.
In view of the foregoing, I recommend the vacation be approved, subject to the
following terms and conditions:
1. That the description of the street and alley to be vacated read
as follows:
East Seventh Street:
That part of East Seventh Street adjoining Lots 12 and 1, Block 7,
Whitney and Smith's Addition to St. Paul, bounded by lines described
as follows:
Co�encing at the most westerly corner of said Lot 12; thence
Northeasterly on the northwesterly line of said Lot 12 a dis-
tance of 50.45 feet to the point of beginning of the lines to
be described: thence Northwesterly, at right angles to the last
described course, 4/10 of a foot; thence Northeasterly, parallel
to the northwesterly lines of said Lots 12 and 1, a distance of
204.68 feet; thence Southeasterly, at right angles to the last
described course, 4/10 of a foot to the northwesterly line of
said Lot 1; thence Southwesterly on the northwesterly lines of
said Lots 1 and 12 to the point of beginning.
Alley:
That part of the alley which was opened through Block 7, Whit-
ney and Smith's Addition to St. Paul by taking and condemning
the southeasterly 10 feet of Lots 11 and 2 in said Block 7
which is bounded by lines described as follows:
� �'���`,�
.� . -2-
.
Co�nencing at the point of intersection of the southwest-
erly line of Lot 11, said Block 7, and the northwesterly
line of said alley as opened; thence Northeasterly on the
northwesterly line of said alley 49.10 feet to the point
of beginning of the lines to be described; thence South-
easterly a t right angles to the last described course,
3/10 of a foot; thence Northeasterly on a line parallel to
the northwesterly line of said alley, 68.0 feet; thence
Northwesterly at right angles to the last described course,
3/10 of a foot to the northwesterly line of said alley;
thence Southwesterly on the northwesterly line of said alley
to the point of beginning.
AND
That part of the alley which was opened through Block 7,
Whitney and Smith's Addition to St. Paul by taking and
condemning the southeasterly 10 feet of Lots 2 and 11 in
said Block 7, which is bounded by lines described as fol-
lows: Com�nencing at the point of intersection of the north-
easterly line of Lot 2, said Block 7, and the northwesterly
line of said alley as opened; thence Southwesterly on the
n�rthwesterly line of said alley 11.1 feet to the point of
beginning of the lines to be described: thence Southeasterly
at right angles to the last described course, 4/10 of a foot;
thence Southwesterly, parallel to the northwesterly line of
said alley, 4.9 feet; thence Northwesterly at right angles
to the last described course, 4/10 of a foot to the north-
westerly line of said alley; thence Northeasterly on the
northwesterly line of said alley to the point of beginning.
I '� That the vacation be subject to all the teivns and conditions of Chapter
130, codified March 1, 1981, of the St. Paul Legislative Code, as amend-
ed, including the retention of all public utilities easements.
,�.�. That this vacation be limited to the existing encroachments, which upon
removal of said encroachments, the vacated area shall revert to the cicy �
immediately and without cost to the City. �
��F. That the petitioner, his successors or assigns, by acceptance of this
vacation, shall agree that no additional encroachment will be placed
within the vacated areas described herein.
��5. That the petitioner pay to the City the sum of $500.00, as minimum com-
pensation for the vacation.
J;6� That the petitioner furnish the City with a bond in the amount of
$S,OOO.QO, and in addition thereto, by acceptance of the terms and
conditions of this vacation, agrees to indemnify, defend and save harm-
less 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 damages received or sustained
" ����7���
. � �
-3-
by any person, persons or property, on account of this vacation;
or because of any act or omission, neglect or misconduct of said
p•etitioner; or because of any claim or lisbility arising from
or based on any violation of any law or regulation made in accord-
ance with the law, whether by the petitioner or any of its agents
or employees.
��.
�_.__�
�1�. ov""�--
cc: Mayor George Latimer