275613 WMITE - CITV CLERK I�� � ( �g' �i-`., 'r1y'�
�PINK - FINANCE � �� � COU[1CII �l �� G �
BLUE Rr - MAVOR MENT � � n }�, G I TY O F V� I 1\ T ��U L
���--�, File N 0.
� Council Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
RESOLVED, That upon �he petition of Housing and Re-
development Au�hority and Independent School District #625,
that section of public street hereinafter described, be and
the same hereby is vacated and discontinued as a public streetz
A].l that part of Ellis Street lying
Easterly af the extended Southeast-
erly line of Hunt Place and Easterly •
of the Northeasterl� line of Terri-
torial Road and We''ster�y of the
foll.owing describsd line:
Beginning at the most Northerly corner
of Lot 19, Block 79, St. Anthony Parkf
thence Southeasterly along the North-
easterly line of said Lot 19 and along
a straight line produced by, the South-
easterly extension of said DTortheast-
erly line, a distance of 94.2 feet to
a pointj thence Southeasterly along a
straight line to the Northeasterly
aorner of Lot 9, Auditors Subdivision
Number 4, and there terminatingt
subject expressly to the tollowing oonditians and reservations:
COUNC[LMEN Requestgd by Department of:
Yeas Nays
Hunt
Levine • In FBVO[
Maddox
McMahon
Showalter __ Agei[1St BY
Tedesco
uU�son
Adopted by Council: Date Form Approved by City Attorney
Certified Vassed by Council Secretary B)��`� �ti ��`�`�����
B�
Approved by 1�►avor: Date _ Approved by Mayor for Submission to Council
BY - � — BY
� � ���� � �
2
l. That the vacation be subject to all the terms
and conditions of Chapter 228 of the St. Paul
Legislative Code, as amended.
2. That the existing 6 inch water main be abandoned
and the petitioners shall pay the Water Utility
for the cost of cutting and plugging the water
main at Territorial Road and Raymond Avenue.
3. That a specific easement be retained to protect
the interest of Northern �States Power Company.
4. That a specific easement be retained to protect
the interest of Northwestern Bell Telephone Company.
5. That a permanent 30 foot wide sewer easement must
be retained, centered on the existing 12 inch
Vitrified Sewer Pipe and extending from Raymond
Avenue to Hunt Place and Territorial Road.
Restrictions within the easement area are as follows:
a . That no buildings, structures, or trees _
are permitted within the easement area,
or any temporary structures, material
storage, fixture or other objects that
will prohibit normal access to sewer
facilities for maintenance purposes.
b. That no change from the existing grade
is permitted without written permission
_ from the Sewer Engineer.
c. That no change in surfacing within the
easement area is permitted without
written permission from the Sewer Engineer.
3
d. That the petitioners, their successors
and assigns, by acceptance of the terms
and conditions of this vacation agree to
fully indemnify, defend and save harmless
, the City of St. Paul, their officers,
agents, employees, and servants from all
suits, actions or claims which shall arise
from any injuries or damages received or
sustained by any break in any service pipe,
or connection in said reserved easement,
arising out of or �esulting from any action
or negligence of the petitioners, their
employees, agents or business invitees.
6. That the petitioners, their successors and assigns,
will be responsible for all costs and expenses in
the reconstruction of the street intersections on
Ellis Avenue at Raymond Avenue and at the inter-
section of Territorial Road and Hunt Place to in-
clude the relocation of drainage facilities and the
construction of new sidewalks, boulevards and curb-
ing across the said proposed vacated street, all to
the satisfaction of the Department of Public Works.
7. That the petitioners, their successors and assigns,
agree to either deed and improve, at their expense,
a 20 foot alley outlet across Ellis Avenue and along
the east 20 feet of Lot 8 Auditors Subdivision No. 4,
or deed a turn-around area satisfactorily to the
Department of Public Works at the end of the existing
alley and improve the entire alley at their expense
by September l, 1981.
�
. ��� � �
4
8. That the petition�r s, their successors and assigns,
can abandon the existing sewer referred to in
Condition 5, at their expense by reconstructing
the manhole in Raymond Avenue, bulkheading the
manhole in Territorial Road, removing the castings
and cover of the manhole in Ellis Avenue to Sewer
Maintenance, removing the catch basin in the vacated
street and constructing new catch basins in
Territorial Road and Raymond Avenue as required by,
and to the satisfaction of, the Department of Public
Works. � �
9. That the petitioners, their successors and assigns,
must properly barricade and close the street within
30 days after the vacation. They must provide
access for the property owners along the dead-ended
alley until the new alley section is completed, all
to be accomplished within one _ (1) year of the street
vacation.
10. That the developers of the property in this area
agree to replat the street and abutting lands into
new lots and blocks, and dedicate any new riqhts-of-
way as deemed necessary.
11. That the petitioners, being the Housing and Redevelop-
ment Authority and Independent School District #625
shall not l�e required to pay compensation for the
vacation, pursuant to the provisions of the RedeveloQ-
ment Plan for the west Midway Area Community Develop-
ment District No. 12, adopted and approved by Council
. of the C ity of Sa int Pau 1 on July 3, 1979, Council
File No. 273248.
WHITE - CITY CLERK
� CANARY - DEPARTMENT ' COUIICII /-
, BLUE - MAYOR G I T Y O F S A I N T PA U L File N O. �7 , �P I �
� Council Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
5
12. That in lieu of a bond the City be provided
with a written covenant conditioned to
indemnify and hold the City h�rmless far any
damages, claims far damages, cost,. charges,
judgments and expenses of every kind and
nature arising or growing out of the `acation
of the street and/or alley descril�ed herein.
COUNCILMEN
Yeas Nays Requestgd by Department of:
Hunt
Levine - In Favor
Maddox
McMahon B
Showalter __ Against Y
Tedesco
Wilson �y�
E 9 198� Form Approved by City Attorney
Adopted by Council: Date
Certified Passed by Council Secretary By��'���- +�"�� �'✓Ztf".Y�
B�
Approved by 1�lavor: Date �E_P_12 1980 Approved by Mayor for Submission to Councit
By, _ • By
, �:��'�`_,,�`;�°. �I(�t c �� L ��"�c�c �
�,,;0-`
. ,1
���:.e�� ��
CITY OF SAINT PAUL •
INTERDEPARTMENTAL MEMORANDUM
�t�`'��_�
To: Ron Maddox, Council President
and Members of the City Council
From: J. William Donovan
Valuation and Assessment Engineer
Date: August 15, 1980
Subject: Petition of Housing and Redevelopment Authority
and Independent School Distr�.ct y�625 for the
vacation of that part of Ellis Avenue between
Hunt Place, Territorial Road and Raymond Avenue
Public Heari.ng - August 19, 1g80
The petitioners have requested this va.cation, pursuant to the provisions
of the Redevelopment Plan for the West Midway Axea Com�munity Development
District No. 12, adopted and approved by Council of the City of Saint
Pau1 on July 3, 1979, Cauncil File No. 2732�8. The stated purpose of
�
the vacation is to provide for the renovation of Baker School and new
mul.ti-family construction within the Baker School site. The area peti-
tioned to be vacated measures approxi.mately 66 feet by �+50 feet and
contaa.ns 29,700 square feet, more or less. The subject lands are zoned
RT 2 and RT �+.
The Department of Public Works has reviewed the vacation proposal and
has no objections, subject to the City making provisions for certain
easements, restrictions and conditions necessary to protect the City's
interest.
The Department of Public Works specifically reports the e�.stence of a
12 inch sewer in the subject street and requests the retention of a 30
foot wide easement centered on said exi.stin� sewer.
The Department of Public Works also requests specifi.c conditions and
restrictions to the vacation, necessaxy to provide for the orderly
closing of the street to public use; provide access to the property
awners abutting the a11ey to the north of Ellis Avenue; a.nd detail the
necessary construction features required for drainage, street intersection
reconstruction, and possible sewer abandonment. Sub�ect conditions and
restrictions are noted and, as necessaxy, are incorporated in the terms
of the nacation recommendation which �ollows.
The Water Utility reports that there is a 6 inch water main within the
portion of Ellis Avenue proposed to be vacated. This water main could
be abandoned withaut adversely affecting the axea distribution system.
Water Utility, therefore, approves the proposed vacation, subject to
payment by the petitioner of Utility's cost incurred in cutting and
pluggi.ng the wa.ter main at Territorial Road and Raymond Avenue. The
estimated cost is $2,500.00.
,,�-�,,
-2-
Northern States Power Company reports the existence of four poles with
overhead conductors in the proposed area to be vacated. They recommend
that a specific easement be retained to protect their interest.
Northwestern Bell Telephone Company reports that they he.ve poles and
aerial cables in the proposed vacation area. They request that their
interest be protected.
There were no other objections or recommendations from any other public
or private agencies involved.
In view of the foregoing, I recommend that the va,cation be apnroved,
subject to the following terms and conditions:
l. That the description of the vacation read as follows:
All that part of F11is Street lying Easterly of
the extended Southeasterly line of Hunt Place
and Ea,sterly of the Northeasterly line of
Territorial Road and Westerly of the following
described line:
Beginning at the most Northerly corner of Lot 19,
Block 79, St. Anthony Paxk; thence Southeasterly �
along the Northeasterly line �f said Lot 19 a.nd
along a straight line produced by the Southeasterly
extension of said Northeasterly line, a distance of
9�+.2 feet to a point; thence Southeasterly along a
straight line to the Northeasterly corner of Lot 9,
Auditors Subdivision Nutnber �+, and there terminating.
1 ,2'• That the vacation be subject to all the terms and conditions
of Chapter 228 of 8t. Pau1 Legislative Code, as amended.
� �. That the existing 6 inch wa,ter main be abandoned and the
petitioner shall pay the Water Utility for the cost of cut-
ting and pluggi.ng the water main at Territorial Road and
Raymond Avenue.
,� �. That a specif`ic easement be retained to protect the interest
' of Northern States Power Company.
�� That a specific easement be retained to protect the interest
of Northwestern Bell Telephone Company.
S.FS. That a permanent 30 foot wide sevrer easement must be
retained, centered on the e�d stin� 12 inch Vitrif�ed
Sewer Pipe and exten3ing from Raymond Avenue to Hunt
Place and Territorial Road.
, -3-
Restrictions within the easement area are as follaws:
a. That no buildings, structures, or trees are
permitted wi.thin the easement area, or any
temporary structures, material storage,
f�xture or other objects that will prohibit
normal access to sewer facilities for main-
tenance purposes.
b. That no change from the e�dsting grade is
permitted without written permission from
the Sewer Engineer.
c. That no change in surfacing within the
easement axea is permitted without written
permission from the Sewer Engineer.
d. That the petitioners, their successors and
assigns, by acceptance of the terms and
conditions of this vacati:on agree to ftiilly
indemnify, defend and save harmless the City
of St. Paul, their officers, a.gents, employees,
and servants from all suits, actions or claims
which shall arise from any injuries or da,mages
received or susta.ined by ar�y break in an�y
service pipe, or connection in said reserved `
easement, arising out of or resulting fraan
any action or negligence of the petitioners,
their employees, agents ar business invitees.
��: That the petitioners, their successors and assigns, will
be responsible for all costs and expenses in the recon-
struction of the street intersections on Ellis Averrue at
Raymond Avenue and at the intersection of Territcria7. Road
and Hunt Place to include the relocation of dra.inage facil-
ities and the construction of new sidewa,lks, b oulevaxds and
curbing across the said proposed vacated street, atl to the
satisfaction of the Department of Fublic Works.
'J�. That the petitioners, their successors and assigns, agree
to either deed an.d improve, at their expense, a 20 foot
alley autlet across Ellis Avenue and along the east 20 feet
of Lot 8 Audi.tors Subdivision No. �+, or deed a turn-around
area satisfactorily to the Department of Public Works at
the end of the e�.sting alley and improve the entire alley
at their expense.
��J. That the petitioners, their successors and assigns, ca S�
abandon the exi.sting sewer referred to in Conditior.�at
their expense by reconstructing the manhole in Raymond
Avenue, bull�heacling the manhole in Territorial Road, removing
the castings and cover of the manhole in Ellis Avenue to Sewer
Maintenance, removing the catch basin in the va.cated street and
constructing new catch basins in Territorial Road and Raymond
Avenue as required by, and to the satisfaction of, the Depart-
ment of Public Works.
� ,_ � � � _�- � 7S � �3
q�'. That the petitioners, their successors and assigns,
must properly baxricade and close the street within
30 days after the vacation. They must provide access
for the property owners along the dead-ended alley
until the new alley section is comoleted, a11 to be
accomplished within one (1) year of the street vacation.
�o X1. That the developers of the property in this area agree
to replat the street and abutting lands into new lots
and blocks, and dedicate any new rights-of-way as
deemed necessaxy.
�) �' . That the petitioners, being the Housing and Redevelopment
Authority, and Independent School 17istri.ct �625 shall not
be required to pay coa�ensation for the vacation, pursuant
to the provisions of the Redevelopment Plan for the West
Midway Axea Co�mznity Development I7istrict No. 12, adopted
and approved by Council of the City of Saint Pau1 on July
3, 1979, Council File No. 27321+8.
�,��3'. That in lieu of a bond the City be provided with a written
covenant conditioned to indemnify and hold the City harm-
less for ar�y d.amages, claims for dama�es, cost, charges,
jud.�nents and expenses of every kind and nature axising
or grvwing aut of the vacation of the street and�or a11ey �
described herein.
,
�
� __�'+-�:"`--
i
cc: Mayor George Latimer
I
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date Au�- 2s 19�—
t0 Rose Mix, City Clerk
from Walter Bowser, Asst. City Atty.
I have attached the vacation resolution which you requested
on August 19, 1980. The resolution was prepared per Bill
Donovan' s report with the exception -- a date (September
l, 1981) for condition #7 to be accomplished has been added.
This amendment was made in line with my telephone conversatfon
with Bill this morning. He will be advising the petitioners
of this change.
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