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CITY OF SAINT PAUL '� $ :�_"' 'H;`"'
INTERDEPARTMENTAL MEMORANDUM
To: Joanne Shawalter, Cauncil President
and Members of the City Council
From: J. William Donovan
Valuation and Assessment Engineer
Date: November 1, 1979
Subject: Petition of The Saa.nt Pau1 Companies, Inc. for the vacation of
Auditorium Street between West 5th Street and West 7th Place.
Public Hearing - November 27, 1979
The petitioner seeks the vacation of Auditorium Street in connection with
its plans to expand its corporate headquarters. It is the intention of
the petitioner to integrate the triangular portion of Block 6, Rice and
Irvine's Addition, which lies west of Auditorium Street, as a landscaped
plaza, into the building site in Block 7, Rice and Irvine's Addition which
lies east of Auditorium Street. The petitioner awns the private praperty
abutting the proposed vacation area. The area to be va.cated is 12,3�+2
squaxe feet.
The Department oP Public Works reports that Auditori.um Street is an
improved 66 foot wide by approximately 187 foot long street.
A 15 foot wide perma.nent underground sewer easement must be retained
centered on the existing sandrock sewer tunnel located between elevations
f 1+0 and 65, City of St. Paul Da.tum. A 10 foot wide permanent underground
� sewer easement must be retained centered on the existing catch basin lead
r which connects the sandrock tunnel with the catch basin in Seventh Place
immediately northwest of the proposed vacation; said easement to be loca-
ted between elevations �+o and 65, City of 3t. �aul Da.tum.
, The petitioner shauld be responsible for a11 costs in revising the existing
� street system and in particular West Sixth Street that will be necessaxy to
acco�odate traff�c that presently uses Auditorium Street.
, The petitioner should be responsible for a11 costs and expenses in the
� reconstruction of the exi.sting street to include, but not be limited to, the
construction of new side�walks and curbs across the street intersections and
drainage facilities made necessaxy because of the prorQosed vacation, a11 to
be accamplished to the satisfaction of the Department of Public Works.
The Water Utility has an irrplace 4-inch water main and hydrant within the
portion of Auditorium Street proposed to be vacated.
The Utility is in a position to abandon this water main and recoasnend approval
of the street vacation provided that a sma11 portion of the street right-of-
way is retained for the hydrant which is intended to be left in its present
location.
. � . •,. .
. .
• , -2-
It is therefore requested that the follawing described easement be retained
for Water Utility purposes:
"The south 10 feet of the west 33 feet of that portion of
Aud.itorium Street lying north of the easterly extension
of the south line of Lot 1.2, Block 7, Rice and Irvine's
Addition."
As a condition of the vacation, it will be the responsibility of the petit-
ioner to pay the Water Utility for costs incurred in cutting and plu�ging
the existing water main and bricking tunnel d�penin�s at West Sixth Street
a.nd at the hydrant neax West Fifth Street. The estimated cost of this
work is $3,000.00. Restrictions within the easement axea will be stated
later in this report.
Northern States Power Company reports the exLstence of a tunnel being used
for steam and electric distribution facilities; there is also a gas main
and two gas services in said axea. They request an easement be retained
to protect their interests.
The Staff of the Department of Planning and Economic Development offers �o
objection to this va.cation.
No other public or private agencies involved ob�ected to the vacation.
Therefore, in view of the foregoing, I recommend the vacation be approved,
subject to the following terms and conditions:
l. That the description of the vacation read as follaws;
Al1 of Auditorium Street lyin� between the
north right-of-way line oY West FiPth Street
and the south right-of-way line of West
Seventh Place.
� 2. That the vacation be sub�ect to all the terms and conditions
of Chapter 228 of the St. Paul Legislative Code, as amended.
� 3. That a specif�c easement be reta3ned to protect the interest
of Northern States Pawer Company.
v 4. That the follawing described easement be retained for Water
Utility purposes:
The south 10 feet of the west 33 feet of that
portion of Auditorium Street lying north of
the easterly extension of the south line of
Zot 12, Blo dc 7, Rice and Irvinets Addition.
Restrictions within the easement area are as follaws:
l. No buildings, structures, or trees are
� permitted within the ea.sement area, or
any temporary structure, material stor-
age, fixture or other ob�ects that will
prohibit normal access to wa.ter Pacil-
ities for maintenance purposes.
i
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✓
-3-
2. No change fram the existing grade is
permitted withaut written permission
from the Water Utility.
3• No change in surfacing within the
easement area is permitted wi.thout
written permission from the Water
Utility.
4. That the petitioner, its successors
and assigns shall flilly indemnify,
defend and save harmless the Board
of Water Commissioners, its officers,
agents, employees, and servants fro�
all aui.ts, actions or cla3.ms which
shall arise f'rom any in�uries or
damages received or sustained by any
break in ar�y service pipe, wa.ter main,
or connection in said reserved ease-
ment, arising aut of or resulting f'�om
. any action or negligence of the petit-
� ioner, its employees, agents or business
invitees.
�{ 5• That the petitioner agrees to pay the Water Utility for
costs incurred in cutting and plugging the existing water
ma.in and bricking tunnel openings at West Sixth Street and
at the hydrant neax West Fifth Street.
�� 6. That a 15 foot wide permanent underground sewer easement
be retained centered on the exLsting sandrock sewer tunnel
located between elevation 40 and 65, City of St. Paul Da.tum.
(�, 7. That a 10 foot wide permanent undergraund sewer easement be
retained centered on the existing catch basin lead connectin�
the catch basin in West Seventh Place iffinediately northwest
of the vacation area with the sandrock twnnel between
elevations �+0 and 65, City of St. Pau1 Datum.
� 8. That the petitioner accept the responsibility for all costs
in revising the existing street system, particularly West
Sixth Street, that will be necessaxy to accommodate the new
traffic flaw, all to be accoa�mlished to the satisfaction of
the Department of Public Works.
g 9. That the petitioner accepts the responsibility �or a11 costs
and expenses in the reconstruction of' the e�o.sting street to
include, but not li_mited to, the construction of new side-
"walks and curbs across the street intersections and drainage
facilities that become necessary because of the said vacation,
all to be acco�aplished to the satis�action of the Department
of Public Works.
. , i •
�!'r"� d
. � �" �'i��3 �`�
s -�_w 9.N�a
✓ ��—
q 10. Tha.t the petitioner pa,y to the City the sum of $109,000.00
as compensa.tion for the vacation. __
f0 11. That the petitioner flirnish the City with a bond in the
amount of $25,000.00, and indemnifies, defends and saves
harmless the City of Sa.int P�.ul, its ofYicers and employees
f�om all suits, actions, or claims of any chara.cter, in-
cluding, but not limited to, a cl�im brought because of any
in�uries, or damages received or susta.ined by ar�y person,
persons of property, on accaunt of this vacation; or because
of any act or omission, neglect or misconduct of sa.id
petitioner; or because of ar�y claim or liability arising
f�om or based on any violation of any law or regulation made
in accordance with the law, whether by the petitioner or any
of its agents or employees.
c-�_'
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i
cc: Mayor George Lati.mer