96-1090 � � ! �t � � �� � Counci l Fi l e # 1�/��D
Green Sheet # 0�0
RESOLUTION
CITY AINT PAUL, MINN TA
Presented By
Referred To Committee: Date
1 WHEREAS, the Council of the City of Saint Paul, upon the petition of Allina Health Systems
2 as contained in Finance Department File No. 25-1994 did, by that resolution stated in Council
3 File 95-565, approve the petition to vacate and discontinue as public property, Kellogg
4 Boulevard bounded by I-35 E right-of-way line and Smith Avenue, West Fifth Street bounded
5 entirely by I-35 E right-of-way line, all of the alley running Northwesterly-Southeasterly and
6 part of the alley running Northeasterly-Southwesterly lying between Lots 7, 8, 15 & 161ocated
7 in Block 63 Irvine's Enlargement of Rice and Irvine's Addition to the Town of Saint Paul; and
8
9 WHEREAS, two conditions of said vacation were omitted from Council File No. 95-565
10 which would retain a sewer easement in vacated Kellogg Boulevard and would retain a
11 triangular 20 foot by 20 foot section at the intersection of Smith Avenue and Kellogg
12 Boulevard for street purposes; and
13
14 WHEREAS, the Department of Public Works originally requested that said vacation include
15 the above mentioned conditions; NOW THERFORE,
16
17 BE IT RESOLVED, that Council File No. 95-565 is hereby amended to include the
18 following:
19
20 5. That a 40 foot wide permanent utility easement centered on the center line
21 of Kellogg Boulevard, be retained over vacated Kellogg Boulevard between
22 Smith Avenue and I-35 E, on behalf of the City of Saint Paul Department of
23 Public Works subject to the following conditions:
24
25 a. No buildings, structures, or trees are permitted within the
26 easement area nor any temporary structure, material storage,
27 fxture, or other objects that will prohibit normal access to utility
28 facilities for maintenance purposes.
29
30 b. Lnprovements in or upon the above described easement that do
31 not prohibit the City from exercising its reserved rights may be
32 allowed by obtaining written permission from the Department of
33 Public Works Sewer Division with the understanding that the
34 restoration and costs of such improvements shall be the sole
35 responsibility of the petitioner, its successors and assigns in the
36 event the City exercises its reserved easement rights.
37
� � �.. ¢ F�. ,f �. 4
g� -/o �o
� �� o '� �
.. � , E,_ ; � �; �_
1 c. No change from the existing grade is permitted within the
2 easement area without written permission from the Department
3 of Public Works Sewer Division.
4
5 d. No change in surfacing within the easement area is permitted
6 without written permission from the Department of Public
7 Works Sewer Division.
8
9 e. That the petitioner, its successors and assigns shall indemnify,
10 defend, and save harmless the City of Saint Paul, its officers,
11 agents, employees, and servants from all suits, actions, or claims
12 which shall arise from any injuries or damages received or
13 sustained by any break in any service pipe or connection in said
14 reserved easement arising out of or resulting from any action or
15 negligence of the petitioner, its employees, agents, or business
16 invitees.
17
18 6. That a 20 foot by 20 foot triangle be retained by the City of Saint Paul for
19 street purposes described as follows:
20
21 Beginning at a point on the west line of Kellogg Boulevard 20 feet
22 northerly of the intersection of Smith Avenue and Kellogg Boulevard
23 thence southerly along said west line 20 feet to said intersection,
24 thence westerly along the north line of Smith Avenue for a distance
25 of 20 feet, thence northeasterly to point of beginning.
26
27 AND BE IT FLTRTHER RESOLVED, that all other items and conditions set forth in Council
28 File No. 95-565 shall remain in full force and effect.
29
q� �a �o
� � � � � ���� ��'. i__
Yeas Na s Absent
Blake 0 Requested by Departrnent of:
Bostrom 00 Finance & agement Services
Guerin 00
Harris 00
Me ard 00 B '
Rettman 00 Direc r
��e �� Form Approved by City Attorney
�
Adopted by Council: Date � By: �^' �" ��'1
Adopt' n Certified by Council Secretary
By: Approved by Mayor for Submission to Coixncil
Approved by ayor: Dat �
.
By: By:
V
F.M.S./REAL ESTATE DIVISION Date: July 29, 1996 Green Sheet Number: 34204
2 ErnxTn�xr nmECroR 4 covxcn,
ontact Person end Phone N�ber: ..... ,
�'01 1 r['Y AZ-roR1vEY � CI,EIex
Tom Sawyer 266-8850 � UpGET DIItECI'OR MGT.svc.nm.
3 YOR(OR ASSI3TANl)
ust be on Council A enda b :
AL x OF SIGNATURE PAGES_�_(CLIP ALL LOCATIONS FOR SIGNATURE)
CTION REQIJESTED:
end C.F. �f95-565 to include a permanent sewer easement and retain a 20 x 20 triangle for right-of-way
urposes. Real Estate Vacation File #25-1994.
bII►�NDATIONS:APPROVE(A)OR REJECI'(R) RSONAL SERVICE CONTRACTS MUST ANSWER TFIE FOLLOWING:
. Has We person/tirm ever worked under a contract for tLis deparhnent? YES NO
PLANNING COMdfISSION A STAFF
. Has this person/firm ever been e City employeeY YES NO
CIVII.S�tVIC&C011IIbfISSION
. Dces this persodBrm possess a s1n71 not normaDy po�ssed by any YFS NO
current City anployee?
c�co�'�
lain all YES aoswers on a se e s6eet and attach.
RTS WffiCR COUNCIL OBJECTIVE?
COUNCIL WARb(S� 2 DISTRICT PLANNING COUNCIL q
1'IIVG PROBLEM,ISSUE,OPPORTUNITY(Who,What,When,Where,Why?):
blic Works initially requested retaining the sewer easement and the triangle of land.
VANTAGES IF APPROVED:
e city would have legal access to the sewer line located in the vacated area and the city would not have to
urchase the triangle of land if needed for street purposes.
ISADVANTAGFS IF APPROVED: COUIIC� R�'��l�fd��I C�RtK
one Nv u 2 3 1996
ISADVANTAGES IF NOT APPROVED:
e City would not have access to it's sewer line and-cou�d-t�ar.��xpense at a future date if the triangle of lan
mes necessary for street widening
AL AMOUNT OF TRANSACTION: � �Q�� COSf/REVENUE BUDGETED(CIRCLE ONE) YES NO
ING SOURCE: ACTIVII'Y NUMBER:
ANCIAL INFORMATION:(ERPLAIlV)
,�,,� r � . 9(�-/0 9d
Rcturn co�y to: RECEIVE�:�.,; , �-�,-;__ ��=%�`" ��
Council Filc # /.� �S(.a
• Estatc Di��ision �UL 2 5 1995
1�0 City Hall Grccn Shcct # -=�/����
�— REAL E a oivisioN RESOLUTION
OF SAINT PAUL, MINNESOTA
Presented By
� '
Rcferrcd To
Commitice: Daie
1 RESOLVED, that upon petition of Allina Health S}�stems, per Finance Department File No. 25-1994,
2 that the alleys, Kellogg �oulevard, and ��'est Fifih Street, hereinafter described, are hereby vacated
; and discontinued as public property.
�
5 The vacated areas are described as follo���s:
6
7 All of the alley running Northv��esterly-Southeasterly in Block 63 Irvine's Enlargement
8 of Rice and Iivine's Addition to the Town of Saint Paul;
9
10 Part of the Northeasterly-Southwesterly alley lying betvveen Lots 7,8,]5 & 16 Block 63
11 Irvine's Enlargement of R.ice and Irvine's Addition to the Town of Saint Paul
12 excepting the air rights between Lots 7 & 16 previously vacated in Council File i�To.
13 17686 dated July 28, 1917;
14
1� Kelloag Boulevard bounded by Line 1 and Smith Avenue;
16
17 ��,%est Fifh Street bounded entirely b}� Line 1;
?a
19 ��-i:h Line 1 being described as follo���s;
�0
?1 ComumencinR at t�ie norti7�vest corner o; Lot � 1 s�;d Block 63 I;�•ine�s Enia:Remen: o�
?2 ivice and Irvine's Addition to the TouZ� ef Saint Paul. thence run souti�easte:l��
=; alon� the soutn���esterl}� line of said Lot 11 on an �zir.lLth of 132 de�rees G1 minu�es
��? 11 seconds for 12.68 feet to tne point of b�Rinnin� oi Line ] to be described; �:�ence
2� on an azimuth oi �3 de�rees 28 minutes 14 seconds for 9.08 feet; thence on a�l
=6 azimutn of 323 de�rees ?8 minutes 1� seconds for 6 feet: th�nce on an azimuth of ��.
?7 de�rees 28 minutes 14 seconds for 212 feet; thence deflect to tl;e right on a
?8 nontan�ential cun�e conca��e to the southeust ha��in� a radius of 1040.3� feet, a delta
?9 aneJe of 12 de�rees 28 minutes 10 seconds and a chord azimuth of �8 de�rees �0
�0 minutes 44 seconds for are equalin� 2?6.41 feet; thence on an azimuth oi' 6� de�rees
:] 0-� minutes �9 seconds for 170.2� fezt; thence on an azimuth of l09 de�rees 32�
�2 minu?es 32 seconds for 3�.96 feet; thence on an azimuth of 166 de�rees 44 m;nutes 19
33 seconds for ]02.96 feet; ihence deflect to the lefl on a tangential cur��e having a radius
�-� of 470.74 feet ar:d a delta an�le of 08 de�rees �7 minutes l� seconds for �0 feet and
3� there terminatine. � � .
�6 `
37 7'his ��acation shall be subject to the follo���ing conditions:
. , . .
, . . _. . :
38 � __ _ . ...
39 1. '' That this vacat;on �;�all be subject to the terms and conditions of Chapter 130, codified
�0 March l, 1981, of the Saint Paul Le�islative Code as amcnded.
-�l
:. q�--1�90
. �
, ��'� _ � � h
;
,,-L� J
-i 2. That the petitioners, their successors and assi�ns shall pay �500.00 as an administrative
2 fee for this vacation ���hich is due and payable ���ithin 60 days of the publication date
3 of this resolution. . '
4 .
5 3. That the petitioners, their successors and assigns by acceptance of the terms and
6 conditions of this resolution agree to indemnify, defend and sa��e hannless the City of
7 Saint Paul, its officers, and employees from all suits, actions, or claims of any
8 character brought as a result of injuries or damages received or sustained by any
9 person, persons, or property on account of this vacation or petitior�er's use of this
10 property, including, but not limited to, a claim brought because of any act of omission,
11 neglect, or misconduct of said petitioner or because of any act of any claims or
12 liability arising from any violation of any law or regulation made in accordance v��ith
]; the law, whether by the petitioner or any of its agents or employees.
14
1� 4. That the petitioners, their successors and assigns, shall v��ithin 60 days of the
16 publication date of_this resolution file with the City C}erk an accepta��ce in v��iting of
17 the conditions of this resolution and shall ���ithin the period(s) specified in the terms
18 and conditions of this resolution, comply in all respects �vith their terms and
19 conditions.
20
21
»
23 �
,�
=�
�6
=7
,s
,�
�l
:�
=3
;.,
�— Yeas' Nays Absent Requested by Department of:
�1e}:ev �/ '
==Tm � � � � rinance & Manaaement Services
ueran i i
r.a._1s I .� I �
t�eaara i .�
. ettman i � I I 3y: '
nune i ✓ I I Dire tor
� � Form Approved by City Attorney
,
Adopted by/�ouncil. ��/ ;�i�: ._7/`�`ij E . �/�� '��L�Y� `�- � � i.J
� / r
Adoption erti�ied by Coufic�sT'�Zretary Y' - -l� - �
� �� �
BY; l�l/'�--�
(JI / �� Approved' by Mayor for Submission to Co•.incil
Approved b ayor:/ Dat �� /`/ � ' �
�
� � � � � � l� �•;
By: /i/1 ��� l . � By: � � rL��. .
v • `' . vV�