Loading...
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 '� _ :=,i.�i"`-_ � .} .•{. g�!�.:F.cy.._ . - - '�:;,�.., ,. - , � . . '�i�° _ - . . �- "=" f -. ' ..'''f4 � r:;. <:r:-. - .. r.: ���, . � - , , _ .�... ,.. -. . r� _ � ��,�_�' .. . . - .�.•��-�. :,�.,. .. '�. 1 i.' >. .. a'�!'f"' . � . ''�' �„�,,a�*"�a.:�;f�"ytr,�".�. a-`L� � �i i g�°.:. �.�;'.;c�r.�`� ...2ki�h:.. , �e:�}c+l+'�r`.- . . . . - 6'_� '�: - •� - _ � ,.f. -�z �I�"�,v:.s�` . > .�"r�+ .i�` s �ail! �,yi _ � �` 'k'���'"AM ,y. . - +�: r..� �- , �.�� .. .. .�x... N�. � �^ .��� " '��'� ��'� �'�� � �'��� �''�: =. "" ` �� :=•ba� i ��_ � ��t � ��_ ";�� ��i'I:� • � - �f.�=.. �'; ;.�; : �;,� � ,�.. -Ynd' . � � . . -�� ��; �. �w`�''. � • •.4� � r,�,� '}'—:C.�'�"�wF"+♦'.. . _� ..�� �. . �: .,� . �' . '� :Y'���"s,. .. ._.�, .& =Ft .,� '� • - +�y :' ` -t: . �Y'' . , ., ��..� d�yr" M',=i•''. �}-�.�`?�'' � ' � . :t ..... .. �- - .:- .-„ . �e*+.scYv-_ :.+#Y _ . . '�',�7." :s�,. ��;?, -.,�it'��• - ���'. `� ;- �i ���� #4• �t-��° �.l; Y; E°�.._ �.�E Z:. - �E'^L'j " ;_�- ' b ��we�c"�^ '��z sr'�"�. .P'+ � 5e <..� . ._ .�a:'Y�.ia,a�"4-- ,.. .. . � . ,. r.et�. . -�jj`-�` � � � . a�,, .. �.,. °'.,1�+ap, � . . � .�a*,^.___ ' �"�Y�j,` .. - . __ . _.. _ �; r �� .k.. .. . . . .� ';%.R�A �.. .... _�.r' .i!..,,:.: . ... .. ,':�:;..-... . ,^y.."'�� . t Y. C.r°"t`�"'��p ..;*p . p 3�.. � �Z 7!J a O ,�••i ' 0'42 ��' � �{y�,�r��� Y � ��` � /� . • I - / ; v. . . / � ? � ��y°� � � ` \.� `� �� 7 `�� j�� � . � � • .j � ; �N ✓ \. ,� .i�. � � _�� ' �. � � � (�, `f � Cb' v � � i J �� ,O`'�e `d `' � �. •� ^1 � l I � _. .p� Io f , � �� G� \ Oyi / ��.0�� ��(y \�` v� � ,� � i � �, � � - •`6'pi ' � ��''. n i S 72 SO �5/.46 ���'►o �!Q'� ~ � � . \�� I � 4 -�s ; �',. �3=-�: {0,'•��/d� ,-...�v _,�,�d'S i' / : � � � ��` � '� ` 1� - '�" � �'Sy Q� •�� .� � - �� : � -� \� . ., ' � ��4 ��,4� • � � \ 1 � �,� , N, � ' i �. . --Z � � � /� � � os ----�-�� _-----� . y _ i�� Y`� / �• %, 0,3 , 4s:"'it.p�a V1 '.�. �c.��9 • 1 i � /\ 1� �'03� � ��� G°�`�y • '� ; � \ � � /' ••• °� /t1 ,/ . t � `� '�' ,��m' �¢Z.Z�I___—� i Y /!�( ,�� .�v \�\\' �� � _ - - ��' o,� � a,� ,�� , , . �� ., , d \.�. r �� "• �r �¢3 as 1 ;b �� /, ��. ,-:�,;: � �� - _A„� °� o`°.��,8: , :o .9� / ,- • �, y. � � 'Y ; �o tl„� �,., � �. , �.A9 � �n � � i�Q,���- / ' � � '� '�� � ' v i' , ., ���d'� 1r /` ,, — .� j6/_�t7 p� � ' ���- Q� �� . �� � ' . ..... .)p� ......-- ' . ��� / .J.. V s O . \ \ _ o �.•s��, � // . . .� `o �''= R` ._ ;� � /" \ � � 1 • . I . S • {� •V � �N Q � � �� �'/ \ . (� �i , cti � ';�'oti / , � ° _1�� -�/- ,� V `� � � *.,;:. � � � . , 0 - a � " / � . � � �c � � j �� � w P�O�pd \ " � h o,•3Zi51.B7 � : (�\ � ��::� � i c� /8�' � o'y';' / 4 �� ,,, 3/ 8 \ -q ^ 1 �-.\ � �. , �9'�� J� / � / � '�� . m� � � •� _ � �i�� ' � � ��'1 (d . �� \ '�'`'. \� ." `��c .r 1 I y ' oy �_ \?3�/ o s�,� ��J3 � ., ��Q� � . . \\� 1'•,~'' ,�i \ �y` ..__`i\ P• r� L /I � \ ', � � \\ I . . . .- . . IC' ���--�-� \ \ � . I I 1 l\ � \ � j'/ �• 1 �•-� �/ �'' � O � . .�S`�, . . �,. / � � ..'. � �3!L � • : /\ \ , Z.= \� � . � .\\�,. . /� V� 1 • t� �//\ . � ,`^ �� � '. I \\ i : � � . r� V � � � ��3� ' � �� � � ' � ./ ��30 � \ � � � I \ ,! �i,s6s v �..�? 2/1' � � .: _ � -�{ Y y a , \-��° � �.: ,� •3 �'�':>,. ' o z / ��4:•;. '• so A \� ��` � � r�'-ti � ��.:.�, _ � '�,��' � � \. � " � . � _ '�ds '� f�• ' c� � � 9 � ./! ' `,(s�' p�. Q� 6\ i ��-.\ � i � � � �. t �/� � � ' , o� � ; N H H � _ \ �� SQ �. � � � ,. � � o � .°��- ., _ � � �r � �'�3� . �q , � ( \ i vN � i� ` � %��� ..�_ � I � '� i . /�� � • � �° - '��..� � ,y \ :.�y � ��w- � � ; 1► . ' ,,•., �� ,ti ,C�, 0. _ �._ `� � . , �. n � ; 6;•. / � ��' �. ____ _ - / z� �� �� \ \� �~ ""�« ' �-�t�Q o 4, `` � , �/ST3 � .�L� / � Q . r. / 'io� � ,� � � . �ti3 g _ ' \�. �� '�-�.:� � y� ;��L � _�$ _y,� �_ - ��6-9 - l67.1 ' , '� � `r` r.!��6 ��,�'�. �. = ;; . ,:� .. - � o � ' r ; -; , ` � ` . . . fi,°j��j �. t � �+ � - . . ` _ _ . - . ` t�����' y ' I � � O � � '/ J' . �..�,_.. ;'� � ,1 ��' uf�°4 c • ; 1 W r � ,: � r ���� „ _�p � , � _ 5p e �, o? . .__,\ ,� ��: y � � , � `� =�` , � � L ; � ��a ��. ��� . �'j� o , 1 0 - � � -� � ; v �1/ /� ;�� �_ � �► � v =� / \ 5 >_ � .� ; � • ', -�_ / . ° (� D - - . .. . : � � �3P'' / ZJrO.3.3 y � � �►,/ �•2 j �`� / < ' . r . , � ��--�d,. �. x• . � .a. , ,. c � _ � °,� " � p., ,P,. ?.� . __ � A' ^-�- /� /� . ' - . p / �o u 6�4> �=�� � . `. $ � . C �- a� / i�" �. t"2U� cV� -' - . � . �� . - - � . . - ... � . .. ,- /� tj 1- . .i / � ��l I i �� :::..�f�M�Lia�.C,� � C _ _ _ " _ , - \,T � —`:� , �- _ Z6 . os .,,�.. , _ _ _ � a _ .. , ,, ,_. - -_ a o ;�. � �� 'i. - m •o , , .,_._�. � . - -, � ;::- '* � , , � _., l,7�� �_ p `' � _... � -= z�;s_ zezL ' _� �..-, � �. --_�� � _ � -:,.�..� . " �. � ,T � . . ._�. . , o��s� �. _.��l�? - � ..�. ' F �,�"' . -. . . .. .. . � . ' C -.../ � . 1.""_- ��.!4�.� „- ' } .��. ' . 4 � �� . .,. . .. :.. '' .:n._ �' . � � �Z:Bi�Q�.SfL .w. ' _ _ _ � ,_ � . . . " . ' �- � "". ' '� ' -. . � � y ��.: } �,�_e . a �:- • f -- y � ... 1 \ i- .~ A�P _ , � ` � s,_ , _ . _ � -f-.' i �....__. .� . • _ - � ':: ' +. .:. �.. � :; � 1. _. _ T . � �_:. 3 . �- � . :�. " ..' :.Y,_ _'" -�. \ _.,�..\���, .. ..L - ` - '_" ' , � .. / .,.• _ � � - _,r .y .._ � �. r � _. .J� t � a1 Va '� �p: C� �� :._y.s„ � �. Y� � � !�1l�. �! .. � _ �' '- ` °�-.o� � -- _ . � E� �y -'-, -- � �. :: - r . . - : _, � �. _ - i9- - "- -- - r._ _ .�, �. _ -�. �. �Q r - , :� . _. _ k; " ,� `�, - Xi _..- .;'� +i- ' " - Y'�-w � . �'. . '" � . _ . _. ... .._ _. ._��:�-'� __ .. . .� .. . �"" �k-s�. � .. .. � :. • " '" ' : � , �����;�_� 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. r_:t