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CITY OF SAINT PAUL
INTERDEPARTMENTAL MEMORANDUM
To; Ron Maddox, Council President
and Members of the City Conncil
From: J. William Donova.n
Valuation and Assessment Engineer
Date: May 22, 1981 (Amended May 27, 1981)
Subject: yacation of certain parts of Flynn Street, Schroeder Drive,
Rosen Road and DeCourcy Drive within the proposed Ener�
P�.rk Industrial Development.
Hearing Date - June 2, 1981
George Latimer, Mayor, signed the referenced petition which is necessa.ry
to carry out the Energy R�.rk Program. The proposed va.cation completes the
process initiated in 1980 when all the surrounding lands, including the
Midway Stadium site, were vacated.
The petition covers approximate]�y $.1+ acres of street area and it requests
tY�t the City convey fee title to the Port Authority. Hereinafter, this
th�re ort will refer to the Port Authority as the fla,ture successor in interest in
property.
The Department of Public Works has no objection to the vacation petition,
sub�ect to the retention of certa.in sewer and drainage easements in order to
protect and ma.intain the existing sewer f`a.cilities until such time as they
are replaced. These conditions will be ma,de part of this report.
The Water Utility states that a wa,ter m�.in in Schroeder Drive an,d a portion
oP F�ynn Street shauld remain in place to service the existing ice arena. at
the request of the Port Authority. An easement must be retained for Water
Utility purposes, described as follc�rs:
That portion of Schroeder Road ],ying West of the Norther�y
_ extension of the West right-of wa.y line of Flyrm Street
and described as follc�ws:
The Northerly �+0 feet thereof together with
the Ea.sterly 40 feet thereof.
Restrictions within the easement area will be stated later in this report.
The Police Department has no objections to said petition; hawever, they would
like to have the opportunity to comment on the design of ar�y f�ture streets
developed for the Energy Pa,rk Project before they are constructed. '
The Department of Fire and Safety Services has reviewed the plans and has no
objections at this time; however, if the Ice ,Arena is to rema.in as an existing
facility they state tha.t they must ha.ve ambulance and pa.ramedic access during
all demolition, grading and construction pha.ses.
The Depa,rtments of Comr�unity Services and Planning and Economic Developnent �
have reviewed the proposed va.cation and have no objections,
.
. . : �`7�3�i
-�-
Northwestern Be11 Telephone Company has a main feeder underground cable
on the sauth side of Rosen Road and DeCourcy Drive from Snelling Avenue
east to Lexi.ngton Paxkway. This facility also runs north in Flynn Street
on the west side to the Ice Arena. They need these cables for service to
their customers and therefore wish to continue their utility easement in
Flynn Street, Rosen Road and DeCourcy Drive.
Northern States Power Company, having reviewed the said vacation area,
states they have overhead electric and gas distribution facilities in the
vacation area. They request that their interests be protected.
Western Union Telegraph Company states tney have no objections to the
proposed vacation.
Chairperson Kathy Zieman states that Neighborhood District Council �+6
has no objections to the proposed vacation.
There were no other recommendations or objections from any other public
or private a�encies involved.
In view of the foregoing, I recommend approval of the vacation, subject
to the following terms and conditions:
1. That the legal description of the properties to be
vacated read as follows:
, PARCEL No. 1: (Rosen Road �,nd DeCourcy Drive)
That part of Rosen Road and DeCourcy Drive
lying within the NW 1��+, SW 1/4, NE 1�4 and .
SE l�� of Section 27, T29N, R23y,T a11 lying
within the following described lines:
Commencing at a brass plug at the West
Quarter corner of Section 27, T2qN, R23W;
thence N 0°0�+'04" E (assumed beaxing) along
the West line of the NW 1��+ of said Section
27 a distance of 217.32 feet; thence S
79°O1'S6" E 685.63 feet to the point of
beginning of the lines to be herein described;
thence continuing S 79°O1'S6" E 643.5� feet
to a point 50 feet south of the South line
of the NW 1��+ of said Section 27; thence
N 89°22'04" E 1�+82.71 feet along a line 50
feet south of and paxallel with the South
line of the NW 1l�+ of said Section 27; thence :
N 56°18'42" E 174.16 feet; thence N 0°02'�+7'r
W 179.09 feet; thence S 76°22'04" W �+37•63
feet; thence Westerly along a curve to the
right 226.89 feet; radius of 1000 feet, delta
angle of 13°, to a point 100 feet northerly of
the south line of the NW 1��+ of said Section
27; theace S 89°22'0�+" W 963.92 feet along a
line 100 feet northerly of and para11e1 with
the south line of said NW 1��+; thence N 79°
0l'S4" w 628.82 feet; thence S 10°�F7'06" W
150.00 °eet to the point of be�inning.
RaT.se�r Count, '?innesota.
, � . . "' F� � l �.'�J�!'
-�-
�
�=�i�EL No. 2: (Sc�roe ier Drive)
That part of Schroeder Drive lying between the
� East line of Snelling Avenue and the East line
of Flynn Street extended Northerly which is
described as lying within the following
described lines:
Commencing at a brass plug at the West Quarter
corner of Section 27, T29N, R23W; thence N
0°04'04" E along the West line of the NW 1/�+
of said Section 27 a distance of 1126.23 feet;
thence N 89°15'04" E 150.01 feet to the point
of begz�mng of the lines to be herein described;
thence continuing N 89°15'04" E 520.37 feet to '
a point on the Northerly extension of the East
line of Flynn Street; thence S 1°13'0�+" W along
said Northerly extension 122.�+2 feet to the
Southerly line of Schroeder Dri.ve; thence N �
88°46�56" W along said Southerly line 125.90
feet; thence N 86°29'S6" W 392•70 feet along
said Southerly line to the Easterly line of
S�telling Avenue; thence PT 0°04'0�+" E along said '
Easterly line 88.94 feet to the point of beginning. ;
Ramsey County, Minnesota. �
PARCEL No. 3: (Flynn Street)
That part of Flynn Street lying between the North
line of hi�hway taking a.n.d the South line of �
Schroeder Drive which is described as lying within
the follawing described lines: �
Commencing at a brass plug at the West Quarter
i
corner of Section 27, T2qN, R23W; thence N 0°04'04" I
E along the West line of the NW 1��+ of said Section ,
27 a distance of 1126.23 feet; thence N 89°15'04" �
E670.38 feet to a point on the Northerly extension �
of the East line of Flynn Street; thence S 1°13'0�+" '
W along said Northerly extension 122.�+2 feet to the
Southerly line of Schroeder Drive and the point of
be�.nning of the lines to be herein described; thence � i
continuing S 1°13'0�+" W along the East line of said
Flynn Street 762.5�+ feet to the northerly line of �
highway taking; thence N 72°�+4'42" W 83•2�+ feet �
along said northerly line to the West line of Flynn ;
Street; thence N 1°13 t��+�� E 739•5�+ feet along said
West line to the Southerly line oP Schroeder Drive; '�
thence S 88°46'S6" E along said S autherly line 80.0 �
feet to the point of beginning.
�
i
Ramsey County, Minnesota. '
� ; � I��`',�C,�!1
-4-
PARCEL N0. 4: (10 foot strip west of Snelling Avenue)
That part of Lot 1, Block l, Lot l, Block 2 and
Kasota Addition, all in K�.sota Addition, l,ying
within the follas�g described lines:
Cammencing at the Northwest corner of said Kasota
Addition; thence N 88°57'29" E (assumed bearirig)
1035 feet along the North line of said Addition to
the point of beginning of the lines to be herein
described; thence continuing N 88°57`29�� E along
said North line 9.0 feet; thence S 0°25'47" E
along a line parallel to theWest line of sa.id ,
Kasota. Addition 708.37 feet, more or less, to the
South line of said K�.sota Addition; thence N 79°
27'17" W 9.17 feet along said South line; thence ,
N 0°25'�+7" W along a line paxa]1el to the West line ;
of said K�sota Addition 706.54 feet, more or less, �
to the point of beginning. Subject to easements �
of record.
Ra.msey County, Minnesota �
� 'R. T�.t the va.cation be subject to all the terms and �
conditions of Cha.pter 130 (codified March l, 1981) of
the St. Pa.ul Legislative Code, as a,mended, including
the retention of all existing public utilities ea.sements =
until such ti.me as they are released by Certificates of
Intended Non-Use.
,� �. That a temporary ea.sement be retained for street purposes !
over Parcels 1, 2 and 3 for the purpose of maintaining E
access to the ice arena and K�,sota. Avenue west of Snelli.ng; i
said temporary easement to be terminated at such time as
all new streets have been pla.tted, opened, improved and have �
been accepted by the Department of Public Works. The Public �
Works wi11 ma.intain said streets until that time, and that �
the City will assume responsibility of this temporary street
during such time and in the same manner as a11 other public
streets.
? #. That temporary easements be retained for the following
existing sewer and�or drainage f�.cilities until such ti.me
as Depa.rtment of Public Works has given final approva.l to �
repl.�.cement f�.cilities.
a) Draina.�e from the existing storm sewer
Outlet near Rosen Road and Seamer Street
to the Midwa.y Pond via culverts under
Rosen Road.
b) A sanitary sewer connection from the Ice
Arena and an existing 6" force main and lift
station.
' ' � t � F�����,1��iJ
-5-
c) A storm sewer �ust north of Schroeder
Drive collecting storm water runoff
from Schroeder Drive and the Railroad
property.
�f�. That a temporary easement be retained for the Water Utility
until such time as a permanent easement is dedicated to
serve the new proposed construction, said easement to be
described as follows:
That portion of Schroeder Road lyin.g West
of the Northerly extension of the West
right-of way line of F�Ynn Street and
described as follaws:
The Northerly �+0 feet thereof �
together with the Easter�y �+0 '
feet thereof. '
51�, That restrictions within all the applicable sewer and water
easement areas sY�.11 be as follc�w's:
a) That no buildings, structures, or trees are
permitted within the easement area, or ar�y
� temporary structure, material storage,
fixture or other ob�ects tha.t will prohibit
norma.l access to water or sewer facilities
for ma.iritenance purposes. �
b) That no change f�am the existing grade is
permitted without written permission f�am the
Water Utility or the Director of the Depaxtment
of Pu.blic Works.
c) That no change in surfacing within the easement
area is permitted without written permission
from the Water Utility or the Director of the
Department of Public Works.
d) That the petitioner, its successors and
assigns shall fu7.�Y indemnif�r, defend and save
harmless the Board of Water Commissioners and
the City of St. Pau1, their officers, agents,
employees a.nd servants f�om a11 suits, actions or
claims which sha.11 arise f�om any injuries or
damages received or sustained by ar�y break in a�Y
service pipe, se�rer, water main or connection i.n
said reserved easements, as ising out of or result-
ing from ax�y action or negligence of the prime
petitioner, its empluyees, agents or business
invitees.
(�`R. That the Port Authority, �ts heirs and�or assigns must
agree to be responsible for all costs and expenses in the re-
_ Y -�' l �
.. -�^
. - ' �� '^"�� �
platting o° this property, :,he dedication and improve- r
ment of a11 ne�w dedicated streets and easements ma.de ;
necessary for the pro�per development of this property, ;
all to be accomplished under the supervision of and �
agproval by the Depa.rtnent of Public Works, and that j
the proper City Officials shall be authorized to accept
said Deed of Dedication and ea.sements.
� �. That an easement be retained in Flynn Street, Rosen Roa.d
and DeCourcy Drive to protect the interests of Nor�h-
western Bell Telephone Compa,r�y until such time as adequate
replacement facilities are constructed and approved by
NortYYwestern Bell Telephone Company.
B Q. That an easement be reta.ined to protect the interests of
Northern States porrer Compar�y electric and gas line
facilities�'until such time as adeqUate replacement f`a,cili-
ties)are constructed and approved by Northern States Power
Campar�y.
� �0:. That emergency access to the Ice Arena located in said va-
cation area must be available at all times during all
demolition, grading and constructinn phases. �
�o�• Tha.t compensa.tion for the comreyance of this vacated property
shall be as part of that compensation agreed to and provided
in t2�at Participation Agreement authorized by Co�cil Resolution
No. 27600�+, adopted November 25, 1980.�
� �
�) �2.. Except as provided in condition �, the Petitioner, its assigns i
or successors, by acceptance of the terms and conditions of !
this vacation a.grees to in3emnif�r, defend and save ha.rmless
the City of Saint Paul, its officers and employees fYom all
suits, actions, or claims of a�y chaxacter, including, but not
li.mited to, a cla.im braught because of at�y injuries, or da.ma.ges
received or sustained by any person, persons or praperty, on
account of this vacation; or because of arLy act or omi.ssion,
neglect or misconduct of said petitioner; or because of ar�y
claim or liability arising �om or based on ar�y violation of
ar�y law or regulation ma.de in accordance with the law, whether
by the petitioner or a�y of its agents or employees.
�a
I further recommend tha.t�the proper City officials be authorized and directed
to convey all the lands being va.cated herein to the Port Authority of the City
of Saint I�.u1 by deed approved by the City Attorney u mission of the
appropriate covenant as provided in conditio .
_ �
cc: Mayor George Ir�.timer
t