96-1014 � � ES
Return copy to:JAO -�� � �.-' ! €��: `-'; �. Council File#�1�{
Real Estate Division
140 City Hall Green Sheet#39462
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA a0
Presented By
Referred To Conunittee: Date
1 WHEREAS, the Council of the City of Saint Paul, by Resolution C.F. #90-1955 vacated public land in the City of
2 Saint Paul as described in attached EXHIBIT "A",and
3
4 WHEREAS, the Northern States Power Company has advised that an easement running their favor, in the east-west
5 alley in Block 2,Jillson's Subdivision of Lots 3,4,5,6,7, 8,9 and 10,Guerin's Outlots to the City of Saint Paul,as
6 described in the above mentioned vacation, is no longer needed; and
7
8 WHEREAS, the US West Communications has advised that an easement running their favor, in the north-south
9 alley of Block 2,Jillson's Subdivision of Lots 3,4,5,6,7,8,9 and 10,Guerin's Outlots to the City of Saint Paul,as
10 described in the above mentioned vacation, is no longer needed; and
11
12 WHEREAS, based upon the Certificates of intended Non-Use,filed voluntarily on behalf of the above mentioned
13 utilities and made part hereof by this reference and filed in the office of the City Clerk of the City of Saint Paul, the
14 City for itself and on behalf of said corporatioiis,waives it right to the easements in said vacated alleys as described
15 herein;
16
17 THEREFORE BE IT RESOLVED, pursuant to Sec. 130.06 of the Saint Paul Legislative Code and on behalf of
18 the Ciry of Saint Paul,Northern States Power Company and US West Communications, the Council of the City of
19 Saint Paul does hereby waive and release these easements in that portion of said vacated property as described herein;
20 and
21
22 FURTHER BE IT RESOLVED, that upon the passage of this resolution,the City Clerk is hereby authorized and
23 directed to record a copy of this resolution in the Office of Ramsey County Recorder,and the City Clerk shall
24 maintain a copy of said Certificates of Intended Non-Use referenced in this resolution and on file in the Office of the
City Clerk.
Yeas Na s Absent
Blake 00 Requested by Department of:
Bostrom—�00 Finance& Mana�ement Services
Guerin 00
Harris �0
Me�ard ��0 By:
Rettman Director
Thune C 0 Form Appr d by City Attorney
� ���
Adopted by Council: Date By: v ��1"'�— �•��•f L
Adopti Certified by Council Sec tary
By: Approved by Mayor for Submission to Council
Approved by Mayor: Date �1 �
By; C- By r�i, �C ����
F.M.S./REAL ESTATE DIVISION Date: Green Sheet Number: 39462
EPARTMENI'DII2ECTOR 4 ITY COUNCIL
ontact Pe�sow w�d Phone Number. .�p
■u�ns ron
nwr■s 1 ITY ATTORNEY 5 ITY CLERK
Juan Ortiz/Peter White 266-8850 °"�"
UDGET DII2ECTOR Z .�MGT.3VC.DIR
3 YOR(OR ASSISTANT) 6 ESTATE/ROOM 140 CH
ust be on Council A enda b :
OTAL#OF SIGNATURE PAGES (CLIP ALL LOCATIONS F�R SIGNATURE)
CTION REQUESTED:
pprove Resolution: Release of Easements in Block 2,Jillson's Subdivision /Finance File#96-C-03
COMI►�NDATIONS:APPROVE(A)OR REJECT(R) ERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING:
1. Hes the person/ftrm ever worked under a contract for thla department? YES NO
PLANMNG COMMISSION A SSAFF
. Has tl�is person/flrm ever been a City employee? YES NO
CIVII.SERVICE COMMf&SION
. Does this person/Tirm possess a sldll not normally posseesed by any YES NO
current C1ty employee?
C�a co��rreE
i► Ex lain all YES answers on s se arate sheet and attach
UPPORTS WHICH COUNCILbBJECfIVE?
COUNCIL WARD(S7 DISTRICT PLANNING COUNCIL
NITIATING PROBLEM,ISSUE,OPPORTUNITY(Who,What,When,Where,Why?):
asements retained by NSP and US West in an area vacated by the City are no longer needed, said easements
have been formally released by the above mentioned utilities as evidenced by the Certificates of Intended Non-
se attched hereto.
d�a.�d���:3n3i
VANTAGES IF APPROVED:
Clears title of encumbrances. �U G 1 g 1996
DISADVANTAGES IF APPROVED: '````"'�'� �����`'�
one. �
ISADVANTAGES IF NOT APPROVED:
acated property will remain encumbered by these easements no longer needed.
OTAL AMOUNT OF TRANSACTION: $Q COST/ItEVENUE BUDGETED(CIRCLE ONE) YES NO
FUNDING SOURCE: ACI'IVITY NUMBER:
NANCIAL INFORMATION:(EXPLAII�
- �-t_c.... ��l.cc�c... �. .r /
• ��e:urt� copy to: ` G � � A L .
� ' -Real Estate Divis�on � R �r1 •�"�j
218 City Hall Council File # 7 d _ / -t'�
' (RM) (15-1990) Green sheet # � �-(�� I
��r�
RESOLUTION
;�-�
ITY A PAUL MINNESOtA .. ; �' ';°;; ,�9 �
'ted By , . l?// 7" �
�� , �
_ „� . . , ...
�f�err�d To Committee.`�� �D�tie �''�•�a��� it "f,�,,,�.<,;.
�y.
RE$OLV D, that upon the petition of the Housing Redevelopment
��hor ' ty of the City of Saint Paul , Minnesota , et al , per
ance Department File No. 15-199f�, those � parts of Acker Street,
Park Street, the alleys in Block 1 and 2, Jilson ' s Subdivision and
the alley adjoining lots 14 and 15 Guerin's Outlots bounded by
Rice, Sycamore, and Sylvan Streets, hereinafter described , are
hereby vacated and discontinued as public property.
That the vacated area is described as follows: .
Acker Street lying easterly of a line drawn from the
southwest corner of Lot 11 , Block 2, Jilson ' s Subdivision
of Lots 3, 4, S, 6, 7, 8, 9, and 10, Guerin' s Out Lots,
St. Paul , Minnesota to the northwest corner of Lot 18 ,
Guerin's Out Lots to St. Paul and lying westerly of
Sylvan Street .
Park Street from Sycamore Street to the south line of
Acker Street.
All of the alleys in Block 1 , Jilson ' s Subdivision of Lots
� 3, 4, 5, 6, 7, 8, 9 and 10, Guerin' s Out Lots, St. Paul,
- Minnesota
All of the alley adjoining Lot 4, Cardigan ' s Subdivision
St. Paul, Minn.
All of the alley in Block 1, Greene ' s Addition to St.
Paul .
All of the alley adjoining Lot 11 , Guerin ' s Out Lots to
St. Paul
All of the alleys adjoining lots 1 through 15 inclusive,
Block 2, Jilson' s Subdivision of Lots 3, 4, 5, 6, 7, 8, 9,
and 1�J, Guerin ' s Out Lots, St. Paul , Minnesota
All of the alley adjoining Lots 14 and 15 , Guerin ' s
Out Lots to St. Paul
The vacation shall be subject to the following conditions:
1 . That this vacation shal�l be subject to all the terms
and condi,tions of Chapter 130, codified March 1 , 1981
of the St. Paul Legislative Code, as amended .
�.r� � � � I�A L. c;�- y� ��s��-
� �_ � c��y
2. That the petitioner , its successors , anc7 assigns shall
pay a $500 .�0 administrative fee, for this vacation
which is due and payable within 60 days of the
publication date of this resolution.
3. That permanent sewer easements be retained on behalf
of the City of Saint Paul, Department of Public Works,
within the vacated areas described as follows :
Vacated Acker Street lying between a line drawn from
the southwest corner of Lot 11 , Block 2 , Jilson ' s
Subdivision of Lots 3 , 4 , 5 , 6 , 7 , 8 , 9 , and 14J ,
Guerin ' s Out Lots , St . Paul , Minnesota to the
northwest corner of Lot 18 , Guerin ' s Out Lots to St.
Paul and a line 25 feet east of and parallel to the
east line of vacated Park Street; all of the alley
in Block 1 , Greene' s Addition; all that part of the
south 20 feet of the north 32. 5 feet of vacated Acker
Street lying between a line 25 feet east of and parallel
to the east line of vacated Park Street and a line 70
feet east of and parallel to the west line of Lot
11 , extended southerly, of Guerin ' s Out Lots to St. Paul;
all that part of the easterly 20 feet of vacated Acker
Street , and also vacated Park Street from Acker Street
to Sycamore Street. These easements shall be subject
to the following conditions:
a. No buildings, structures , or trees are permitted
within the easement area nor any temporary
structure , material storage, fixture , or other
objects that will prohibit normal access to sewer
facilities for maintenance purposes.
b. No change from the existing grade is permitted
without written permission from the Director of
the Department of Public Works.
c. No chanqe in surfacing within the easement area is
permittec] without written permission from the
Director of the Department of Public Works.
d. That the petitioner , its successors, and assigns
shall indemnify, defend , and save harmless the
- City of Saint Paul , its 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 , water main, or connection in said
reserved easement , arising out of or resulting
from any action or negligence of the petitioner,
its employees, agents, or business invitees.
2
��� �� Cf�AL . � ° . ��',-.��-
� � � ia��
4 . The petitioner , its successors, and assigns shall pay
all costs and expenses for the reconstruction of all
street intersections affected by this vacation
including but not limited to, new curbs, sidewalks,
boulevards, drainage and private driveway, all to the
approval of the Department of Public Works.
5. That permanent water utility easements be retained, on
behalf of the City of Saint Pa�l , Aoard of Water
Commissioners , within the vacated areas described as
follows: The west half of vacated Park Street between
Sycamore Street and Acker Street; the west 5a feet of
vacated Park Street lying between the north and south
line of Acker Street . These easements shall be
subject to the following conditions:
a. No buildings, structures , or trees are permitted
within the easement area nor any temporary
structure , material storage , fixture , or other
objects that will prohibit normal access to water
facilities for maintenance purposes. �
b. No change from the existing grade is permitted
without written permission from the Water Utility.
c. tJo change in surfacing within the easement area is
permitted without written permission from the
Water Utility.
d. That the petitioner , its successors, and assigns
shall fully indemnify, defend , and save harmless
the Board of Water Commissioners, its officers ,
agents , employees , and srvants from all suits ,
actions , or claims which shall arise from any
injuries or damages received or sustained by any
break in any service pipe , water main , or
connection in said reserved easement, arising out
of or resulting from any action or negligence of
the petitioner, its employees, agents, or business
invitees .
,
�
t� . . i/ C/ - � %v .�
•�•�+�,�M1�`�� � T , .
°L �� �� ly
6. That the petitioner , its successors , and assigns , by
acceptance of the terms and conditions of this
vacation agree to indemnify, defend, and save
. harmless the City of Saint Paul , its officers , and
employees from all suits, actions, or claims of any
character brought as a result of injuries or damages
received or sustained by any person, persons, or
property on account of this vacation or petitioner ' s
use of this property, including but not limited to a
claim brought because of any act of omission, neglect,
� or misconduct of said petitioner because of any claim
or liability arising from any violation of any law or
regulation made in accordance with the law whether by
the petitioner or any or its agents or employees .
7. That the petitioner, its successors, and assigns,
shall within 60 days of the publication c3ate of this
resolution, file with the City Clerk an acceptance in
writing of the condition of this resolution and shall
within the period (s) specified in the terms and
conditions of this resolution, comply in all respects
with these terms and conditions.
Y�eas Navs Absent Requested by Department of:
imon
oswitz �
on � Finance & Mana ement Services
�r8� es e �
e man —"C— / �� �f-�/l.l
un e `
i son � By: C ��.!�-Director
� r
NOV 2 7 �gg� Form App'roved by City Attorney
Adopted by Council: Date : i
. ,
1 /�
Ado tion Certified b Council Secretar �
P Y Y By:. i �- �( �'7 '1,���---_�
� � .
By° ` `��""� A roved b Ma or for Submission to
pP Y Y
Approved by Mayor: Date ///����n�€OV 2 7 ��uncil
.
���'� // ,�
By: _///!�i'�/,l ,/1�. .��./%�'� By:
� '
4
ERTIFICATE OF INTENDED NON-USE
� �- �� ��
THE HONORABLE MAYOR AND MEMBERS -
OF TI�COUNCIL OF THE In the Matter of
CYTY OF SAII�TT PAUL Vacation File# 15-]990
The undersigned hereby�es, on behalf of the indicated department or company, that it does not
intcnd to exerc3se its utility rights in thc realty described below:
The North-South vacated alley in Biock 2, Tillson's Subdivision of Lots 3, 4, 5, 6,
7, 8, 9 and 10, Guerin's Out Lots to the City of Saint Paul.
except as here noted:
US �V@St�A111i11uiC1tiQn5
Department or Company
Its F�eld Engineer
Signature
si'A7'Q OF MiNNESO?A )
>S5.
COUMY OF �1$�/ )
/
�c�����.e��ab.�,m�d� 12th �,,,f August 1�
�, Bruce J. Sundberg _�„ Field Engineer
� U S WEST Communications /nc. _Q Corporation
��u�W,�ew�s�c�� Colorado.
,�nn►�n�w►•
� THfODORE STROM�R.
� M�RY p�BIIC-MIMNESCTA o�irY�b���!' ,
,?�� RAMSEY COUNTY
ry,���.EsO��N••n.31.Z� My C�toiiaion cKpiroc � 0 b 6
•
■vvwNWNV`/WWWWr�
* * Please return this original copy to 140 City Hali, St. Paul, MN 55102 * *
r ,
JUL-26-1996 15� 11 ST PAUL REAL ESTATE 612 266 8855 P.02/03
' ' CERTIFICATE iDF INTENb,�D N�N-USE
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iieal Estate Rep./Highway Liaison
`����/�► Delivery System Construction
/� Land Services
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Northern States Power Comparry
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414 Nicollet Mall
Minneapolis,Minnesota 55401
Telephone(612)330-5983
Fax(612)330-6590
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