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CIT OF SAINT PAUL
INTERDEPAR MENTAL MEMORANDUM
To: Council President and
Members of the City Council
From: J. William Donovan
Valuation and Assessment Engineer
Date: May 27, 1982
Subject: Petition of Shallern orporation, et al, for the vacation of a
certain part of Armst ong Avenue west of Drake Street.
blic Hearing - June 3, 1982 •
This petition is requested by Shallern Corporation and National Check-
ing Companies. The property on the south side of Armstrong Avenue is owned
by Shallern Corporation and is uttilized as a corporate headquarters for Com-
bined Companies, Inc. , a related corporation. Combined Companies, Inc. , pres-
ently has an option to purchase a major portion of the block on the north side
of Armstrong Avenue naw owned by National Checking Company. It is the intent
of Combined Companies Inc. to expand their present facilities by constructing
additional office and warehouse space on the north side of Armstrong Avenue.
The new construction would be c4nnected to the existing building and could be
constructed over a portion of the vacated Armstrong Avenue if permitted.
The residential neighbors on the south side of Armstrong Avenue and the
West Seventh Street Federation �}eviewed and support the proposed vacation. '
The vacation of this portion of Armstrong Avenue and the construction of a new
cul-de-sac will eliminate the p oblem of grain trucks using Armstrong as a
shortcut dawn Armstrong from We t Seventh Street to the grain elevators which
are east of Drake Street. The raffic Division of Public Works has been making
efforts to reroute the trucks f om the grain elevator to Randolph via Drake
Street rather than using the re idential streets.
The portion of the street o be vacated is 60 feet wide and 152 feet long
consisting of 9,120 square feet and lies between two (2) zoning areas RM-2
(Multiple Family) and I-1 (Indus,try). Note that the City Council will also be
deciding on the Shallern petition to rezone the RM-2 land to I-1.
Northern States Power Company reports having a pole and aerial wires also
gas lines in the proposed vacation area and they request that their interest
be protected.
The Telephone Company has an aerial cable on Northern States Pawer poles
on the north side of Armstrong Avenue, serving this customer as well as others.
They need to continue this servi',ce and therefore, wish to retain their utility
easement rights in this street. ''
i
-z- 2�8��5
The Water Utility has a 6-in h water main and a fire hydrant in the
proposed vacation area. They wil abandon the water main under the vacation '
area and move the fire hydrant suk�ject to an easement over the North thirty �
(30) feet of the West ten (10) feet of the proposed vacation and subject to i
the petitioner furnishing a deposit of $8,500.00 to cover the water utility �
costs for the abandonment and relocation. ;
The Department of Public Works has no objections to the proposed vacation,
subject to the following easements, construction responsibilities, and costs.
1. A permanent 30-foot 'wide underground storm sewer ease-
ment centered on the� existing sewer must be retained
between elevations 5.0 and 40.0 St. Paul C�zy Datum in Arm-
strong Avenue.
2. A permanent 30-foot ide sanitary sewer easement centered
on the existing sewer must be retained in Armstrong Avenue
with the usual restriction. If the existing sanitary sewer
is relocated in its ervice to the existing properties in
this block, all cost in relocating this sewer must be paid �
for by the petitione s and approval for same must be obtain-
ed from the Sewer En ineer. �
3. The petitioner must e responsible for all costs and expenses
in the dedication ofl' the cul-de-sac right-of-way to the sat-
isfaction of the Department of Public Works and in a manner
and form approved by the City Attorney.
4. The petitioner must be responsible for all costs and expenses
in the construction of the proposed cul-de-sac, including
the construction, re ocation and abandonment of all drainage
facilities made nece sary by this vacation, all to the satis-
faction of the Depar -ment of Public Works.
5. The petitioner must e responsible for all costs and expenses
for the construction and installation by the Department of
Public Works for a D ad End Street Sign on Armstrong Avenue
and a "No Parking" s gn in the Armstrong Avenue cul-de-sac
at an estimated cost of $250.00.
The Fire Department has state that they cannot approve the vacation and
the proposed project unless the pe itioners construct an adequate sprinkling
system. This sprinkling system wi 1 require repla�ement of the existing
6-inch kater main in Juno Street f om West Seventh Street to the project
(approximately 600 feet) with a la�ger main. All costs for this larger main
and sprinkling system will have to be borne by the petitioner.
There were no objections, recommendations or restrictions received from
any other City department or utility company in response to my letter of in-
quiry sent them on April 21, 1982.
In view of the foregoing, I recougnend that the vacation be approved sub-
ject to the following terms and conl,ditions:
1. That the descri tion of the �
P portion of said street
street to be vscated be described as follows:
- - 2'�8��5
All ttiat part of th North one-t:alf (N. '�) of Arm-
strong Avenue which lies east of the southerly ex-
tension of a line 6 59 feet west of and parallel to
the west line of Lo 23 and which lies west of the
southerly extension'�, of the East line of Lot 26, all
in Block 1 of D. R. ' Burbanks Addition to St. Paul;
and also:
All that part of the South one-half (S. �) of Arm-
strong Avenue which lies east of the northerly exten-
sion of the west line of Lot 4 and which lies westerly
of the east line of Lot 1 all in Block 6, Finch's
Addition to St. Paul.
� -2: That the vacation b' subject to all the terms and conditions
of Chapter 130, cod fied March 1, 1981, of the St. Paul Legis-
lative Code, as ame ded.
02,� That a specific eas ment be retained to protect the interests
of Northern States ower Company within said portion of Arm-
strong Avenue.
�� That a specific eas ment be retained to protect the interests
of Nortliwestern Bel Telephone Company within said portion of
Armstrong Avenue.
�X That an easement for water utility purposes be retained over
the North thirty (30) feet of the west ten (10) feet of the
vacated area. c`esSns n��5�
. W
,�� That the Sha�llern Corporation�,�herein after referred to as the
petitioneis��urnish �n $8,500.00 deposit to the water utility to
insure payment of the work necessary to abandon the existing
water main and relo�ate the existing fire hydrant. At the com-
pletion of the proj ' ct the petitioner also will he responsible ,
to pay to the water utility any amount exceeding the $8,500.00 d�
stated herein.
(��: Tt�at a permanent 30 foot wide underground storm sewer easement
centered on ttie exi ting sewer must be retained between eleva-
tions 15.0 ar►d 40.0 St. Paul City Datum in Armstrong Avenue.
7�8: Ti�at a permanent 30 foot wide sanitary sewer easement centered
on the e�;isting sew r must be retained in Armstrong Avenue with
the usual restricti ns. That if the existing sanitary sewer
should be relocated 'or protected by sleeving in its service to
the existing propertiea in this block all costs in relocating
or sleeving this sewer must be paid for by the petitioners and
approval for same must be obtained from the Sewer Engineer.
g � Ttiat restrictions within tt�e easement areas be as follows :
A. No buildings, structures, or trees are permitted
wittiin the e�sement area, or any temporary structure,
material sto�age fixture or other objects that will
prohibit no al access to sewer and water facilities
for maintena ce purposes. �
I
. � ���89�!5
� -4- `
B. No change fro the existing grade is permitted
without written permission from the Water Utility
and Department of Public Works. �
C. No change in surfacing within the easement area �
is permitted without written permission from the
Water Utility and Department of Public Works. �
D. That the petitioner,
shall fully indemnify, defend and save harmless !
the Board of Wlater Commissioners, the City of �
Saint Paul, i �s officers, agents, employees, and ,
servants from all suits actions or claims which i
sl�all arise f om any injuries or damages received '
or sustained y any break in any service pipe,water �
main, or conn ction in said reserved easement, a- �
rising out of or resulting from any action or negli-
gence of the etitioner, its employees, agents or �
business invi ees. �
�
�-�: That the petitioner e reQuired to provide an automatic sprink- �
ling system for his e'xisting and proposed development to the i
satisfaction of the Fire Department. The petitioner will bear ►
all cost and expense associated with the sprinkling system in-
cluding but not limited to any costs incurred by the Water U-
tility in providing adequate water volume and pressure to the
site.
/p.� That the petitioner will be responsible for all costs and ex-
penses in the dedica�ion of the cul-de-sac right-of-way- to the
satisfaction of the Department of Public Works and in a manner
and form approved by the City Attorney by January 1, 1983.
�� 1� That the petitioner ill be responsible for all costs and expenses '
in the construction f the proposed cul-de-sac, including the con-
struction, relocatio and abandonment of all drainage facilities
made necessary by th's vacation, all to the satisfaction of the
Department of Public orks by August 1, 1983.
��.-�: That the petitioner ill be responsible for all costs and expenses
for the construction and installation of a Dead End Street Sign on ;
Armstrong Avenue and ,a "No Parking" sign in the Armstrong Avenue �
cul-de-sac by the Department of Public Works. The estimated cost
is $250.00. The petitioner will be responsible for the erection and
maintenance of the necessary barricades for the vacated portions of
Armstrong Avenue until such time as the cul-de-sac and building is
constructed all subject to the approval of the City Traffic Engineer.
��+�. That the petitioner� pay to the City as market value the sum of
$5,300.00, as compens�ation for the vacation.
�,..� -1� That the petitioner$ Ifurnish the City with a bond in the amount of
$5,000.00, and in ad ition thereto, by acceptance o�f the te nns and
conditions of this v cation agree to indemnify, defend and save harm-
less the City of Sai t Paul, its officers and employees from all suits,
actions , or claims o any character,
�'78��!5
. -5-
includino, but no limited to, a claim brought be-
cause of any inju ies, or damages received or sus-
tained by any per on, persons or property, on account
of this vacation; or because of any act or �ission,
neglect or miscon uct of said petitioner; or because
of any claim or I ability arising from or based on
any violation or ny law or regulation made in accord-
ance witl� the law whether by the petitioner or any
of its agents or mployees.
n
\ -
\
cc: Mayor George Latimer