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CITY OF SAINT PAUL `"/
INTERDEPARTMENTAL MEMORANDUM . . ��
. � ���� � , �> k'j
To: Ron Maddox, Council President �' ' �
and Members of the City Council r1 / �`
/
From: J. William Donovan
Valuation and Assessment Engineer
Date: May 8, 1981
Subject: Petition of the Burlington Northern, Inc. for the
va.cation of that portion of Gibbs Avenue �ying
Northerly of the Easterly extension of the South
line of Block D, St. Anthor�y Park and Southerly of
the Ea.sterly extension of the North line of said
Block D.
Public Heari.ng - May 19, 1981
The petitioner, Burlington Northern, Inc. , being oFrner of a1.7. of the property
abutting on the street as described, does petition for the va.cation of said
part of Gibbs Avenue, a public street. That portion of Gibbs Avenue pro-
posed to be va.cated is an improved street spanned by a railroa.d overpa.ss,
dedicated to a w�idth of 66 feet, extending to a length of 200 feet, and
comprising an area of 13,200 square feet. The abutting property is railroad
right-of way and zoned Industry (I-1). The reason �or 'the requested va.oation
is that a timber brid�e carrying Burlington Northern's double main line track
over Gibbs Avenue at this location has deteriorated to the point that it
represents a safety hazaxd. This underpass has been the subject of concern and
consideration on the pa.rt of the City of St. Paul and Burlington Northern
representatives for several years. The structure can no longer be repaired
and. ma.intained open for vehicular traffic. Reconstruction would be extreme],y
expensive and unjustified in relation to the ava.ilability of other streets in
the area and the small amount of vehicular traffic which uses Gibbs Avenue
at this location. Upon approva,l of this petition for vacation, Burlington
Northern, at its expense, would remove the Gibbs Avenue underpass structure
and fill the opening.
At the present time, Gibbs Avenue is the on�y travelled street between Raymond
Avenue and Snelling Avenue, crossing the Burlington Northern tracks. Because
of this, Gibbs Avenue has served as a safety outlet for emergency vehicles
during periods when Raymond Avenue is closed. A proposed intercampus busway
route is naw in the planning process that would connect the St. Paul Farm
Campus to the Main Campus of the University of Minnesota.. This busway route
would spa.n the Burlington Northern Tracks Ea.st of Gibbs and provide the Fire
Department with an emergency vehicle access point near Fire Sta.tion No. 23,
thus solving the secondary route problem.
The Department of Public Works reports the existence of a 6 foot 3 inch by
6 foot 7inch reinforced concrete Metropolita.n Waste Control sanitary Sewer
interceptor looated in Gibbs Avenue proposed to be vacated. The sewer wa.s
. 4 . -2_ ���."��
ori�inal:iy bui�t in 191fi and reconstructed in 1
not ho13 the �� - 20 feet of fill required if the va,cation were a
Before the Lridge could be removed and filled � �iPe wou?d
have to be repyaced with reinforced concrete 'lthe exist' PProved.
ing trunk sewer would
, tained for this important interceptor sewer, P �' An easement
must be re-
The Depa,rtment of Fire and Safety Services has reviewed this matter a
agreed to go along with this street vacation in the interests of
safety concerni nd has
from their former positioneon this ma,tter and rebrid e, Public
g This is a cha�e
the best present choice for disposition of the problemtS� W�t they consider,
The St. Anthor� pa,rk Association asked in 1 2
and the roa.dway be closed due to the hea 97 tha,t Gibbs Avenue be vacated
vy traffic volumes.
The Depa.rtment of Plannirig and Economic Development reviewed
vacation and conditional�y supports it, sub 'ect t the proposed
J o the foll
awing cottdi-tions;
1• There are assus.ances from the
that construction of the �lic Works Department
University Short Range Tran l�pY.o��t b�eroute a�
Kasota to Como) will begin no later than 1983, ��om
2• That the Public Works De
is neighborhood .interest���ent determine whether there
�'om Priscilla Street to � l�roving the cottnection t
neighborhood su Gibbs Avenue. If there is '
out tha.t PFort, it is suggested a trade be worked
in return for the Gibbs Avenue vacation, �
Burli.ngton Northern would give up a Sma,u
� R.O.W. to imp piece of B.N.
rove the connection between Priscill,a, Street
and Gibbs Avenue.
These concerns wi11 not be pa.rt of the conditions for the vacation i
of the emergency nature of the bri e n view �
the dependence upon outside �di �S' the existing neighborhood support and �
bg ources for the Kasota extension. .
There were no objections from a `
In view of the foregoing reportsY �her public or private ageacies involved. �1 �
of Gibbs be a , it is rqy recommettdation tha,t the vacation �
pproved, subject to the followirig ter�s and conditions: (
1• That the description of that pa.rt of Gibbs Avenue to be
vacated be described as fo1la�,rs, to wit;
Al1 that portion of Gibbs Avenue lying I
Northerl,y of the Ea.ster]y extension of �
the South line of Block D, St. Anthor�y
Pa.rk and Southerly of the Easterl,y ex-
tension of the North li.ne of said Block D.
��. Tha.t the vacation be subject to a,1.1 the terms and, conditions
of Cha.pter 228 of the St, pa.ul Legislative
including the retention of a11 public utilit�s�easementsed,
� �• Tha.t a pernianent sewer easement be retained over the f1z11
width of the street, subject �o the petitioner, at their own
cost and expense, relocate and�or reconstruct the existin� . �
sewer, a11 to the satisf`action of the Ivletropolitan Waste Control
Cammission.
��
, . . - � - �'����
-3-
Restrictions within the easement area are as follows:
� a) That no buildings, structures, or trees
are permitted within the easement area,
or ar�y temporary structures, material
storage, fixture or other objects that
will prohibit normal access to sewer
facilities for m3.intenance purposes.
b) That no change from the existing grade
is permitted without written permission
fro� the Metropolitan Waste Control
Commission.
c) Tl�a.t no change in surfacing within the
easement area is permitted without written
permission from the Metropolitan Waste
Control Commission.
d) That the petitioner, its successors and
assigns shall f�illy indemnify, defend and
save harmless the City of Saint F�.ul and
Metropolita.n Waste Coritrol Com¢nission,
their officers, agents, employees, and
servants from all suits, actions or clai.ms
which shall arise f�om ar�y injuries or
damages received or sustained by ar�y break
in an�y service pipe,or connection in said
reserved easement� arising out of or resulting
f�om ar�y action or negligence of the petitioner,
its employees, agents or business invitees.
i 3 �. That the petitioner pay all costs associated with the removal
of the existing timber trestle spanning tha.t portion of Gibbs
� Street being va.cated herein.
�{ fe title
f �`�,. That in�the event it becomes necessary for a public agency to
t acquire��right-of way from the petitioner, Burlington Northern,
� Inc., for either the Priscilla Street-Gibbs Avenue Connection
� or the proposed intercampus bus route, the Burlington Northern
would agree to a unit land va.lue not to exceed the land value
being used herein, said condition to retn�in in effect until
June 1, 1986.
S -�., That the petitioner pay to the City as m�rket �lue the sum
of $1�,200,00 as compensation for the va.cation.
(�, '�.. That the petitioner flarnish the City with a l�ond in the amount
i of $5,0 0 0.0 0, a n d i n a d d i t i o n thereto, by acceptance of the
terms and conditions of this ��of1Sai.n�rPaul,oltsdoffi ersde-
fend and save har�.l.e s s the C ity
1�
'i�
f
_�,_
, . . . �,����
1:id emplo�rees i'rom all su_�ts, ac�i�nc. �r �laims of
any character, includin�, but not i�mited to, a cl�.i.m
brought because of ar�y injuries, or damages received
or sustained by ar�� person, persons or property, on
, account of this vacation; or because of ar�}.� act or
omission, neglect or misconduct of sai3 petitioner;
or because of any claim or liability ar�sing from or
based on ar�� violation of a�� law or regulation made in
accordance with the law, whether by the petitioner or
ar�y of its agents or employees.
�� I..,- �.-\
�
� ! �
�
t
cc: Mayor George I,atimer �
!
,
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