02-1206Council File # Oi1 1 �O`
Green Sheet # z� 34 3q
RESOLUTION
OF SAINT PAUL, MINNESOTA
Presented By
Referred To
Committee: Date
2 WHEREAS, the Councii of the City of Saint Paul, in Council File No. 00-436 during a public
3 hearing on May 3, 200� vacate certain rights-of-way described therein as:
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5 Pazcel 1.
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Parcei 2.
That part of Hawley Street lying southerly of the easterly extension
of the north line of Block 5, Hager's Subdivision of Lots 1 through
7 and 14 through 18, WalcotYs Addition to Cottage Homes and
northerly of the easterly extension of the south line of L.ot 28, said
Block 5; and
Alley in Block 5, Hager's Subdivision of L.ots 1 through 7 and 14
through 18, Walcott's Addition to Cottage Homes; and
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WHEREAS, one of the abutting property owners to the said property described above apparently
did not receive notification of the said public hearing; and
WfIEREAS, this property owner did not desire to have vacated that portion of the said property
abutting the owners land, NOW,
THEREFORE, BE IT RESOLVED, that Council File 00-436 shall be amended as follows:
The legal description of the property to be vacated shall be amended to read:
Parcel 1. That part of Hawley Street lying southerly of the easterly extension of the north
line of Block 5, Hager's Subdivision of Lots 1 through 7 and 14 through 18,
Walcott's Addition to Cottage Aomes and northerly of the easterly extension of
the south line of L,ot 28, said Block 5; and
Pazcel 2. That part of the alley in Block 5, Hager's Subdivision of I.ots 1 through 7 and 14
through 18, WalcotYs Addition to Cottage Homes lying southerly of the north line
of the said Block 5 and northerly of the westerly extension of the south line of Lot
28, said Block 5.
o a.��ao �
2 AND, BE IT, FURTHER RESOLVED, that all other terms and conditions of the said Council
File 00-436 shall remain in fuli force and effect.
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T.M.S./REAL ESTATE DIVISION Date: November 12, 2002 Green Sheet Number: 203939
Confac[ Persop and Phoae Namber: _; 2 DEPARI'MENT DIBECl'oR 4 QTY COUNCII,
d��`
Peter Wlute �.�16-�J :>� : ��. 1 CTTYATTO CPPYCLEltB
. �� � /�-t�+�"'^ y (2, -
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' ''���`�"� `� Bi1DGETDII2EClOR OFFICEOFFfNANCtALSVCS.
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?[: - ta"iis�i:<<"i;�
Most be on Co�o7 Agenda by: �yOR (OR ASS75TANT) RRAL FSfATE D1VISiON
;>_ 3
TOTAL # OF SIGNATURE PAGES 1�crar nra, tocATtoxs Fox sicxnTU�>
ACl'ION REQUESTED:
To amend CF# 00-436, reducing the area thereby vacated Ref: 1. Resolution for considerafion;
2. Copy of CF# 00-436; 3. Map
�'TM�"TS�'`�O°B�"�°B�°'�> PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING.
1. Has tLe puson/t"itm ever worked mder a con4actfor tLis deparlment? YES NO
PL4NIiINGCOMA9SSION (� STAFF
2. AastLispersoiJ6rmecerbeeaaCityempbyee? YES NO
CIVIL SHRViCE COMMISSION
3. Does Utis person/Srm possess a skiD notnoin�a➢y posse.ssed by any YES NO
current C5ty employee?
cis CoMnni•r�:
]ain alf YES answers on a se ate sheet and attach.
SUPPORTS WHICH COUNCIL OBJECTIVE?
COUNCII. 5 DISTRICT PLANNING COUNCIL (�
ARD(S)
INIT7ATING PROBLEA�, ISSLJE, OPPORTUNITY (WLo, What, �Vhen, Where, Why?):
One of the abutting property owners, who would lg lose alley access, did not receive notice of the
public hearing.
ADVANTAGESIFAPPROVED:
This amendment will exclude from the azea vacated that part of the alley needed to provide alley
access.
DISADVANTAGES IF APPBOVID:
None N U V 1 4 20�2
DISADVANTAGES IF NOT APPROVED: �
The property owner would not have aliey access.
TOTAL AMOUN'P OF TRANSACTION: $O.00 COST/REVCNUE BUDGETED (CIRCLE ONE) YES NO
FONDING SOURCE: N�A ACTIVITYNIIMBER: N�A
kixAxcrnr,�o�Tiox:(�r,� � f�8s�3tCh ��r;°��
' N/A D�� � � 20�2
6l-�� c`
Refnrn copy to:
Real Eshate Division
14d CYty Hall
�[���t����
Presented By °�,
Refetred To
RESOLf]T[ON
OF SA1NT PAf1L, MINNESOTA
��
Com�mt#ee: Bate
i BE IT RESOLVID, that, upon the petition of Gerald Frisch, as documen#eci in Finance Depazlment
2 File Number 241499, public properties hereinafter described are hereby vacated and discontsnued as
3 public propeny: and, subject to the herein stated exceptions, the easements within those public properties
4 are hereby released
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6 The property to be vacated is described as follows:
7 Parcell. That part of Hawley Street Iying southerly of the easterly extension of the north line of
8 Block 5, Hager's Subdivision of Lots 1 through 7 and 14 throvgh 18, Wa2cott's Addition
9 to Cottage F3omes and noxtherly of the easterly extension of the south line flf Lot 28, said
10 Block 5; and
I 1 Parcel2. Alley in Block 5, Hager's Subdivision of Lots 1 through 7 and I4 through 18, Walcott's
12 A.ddition to Cottage Homes.
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14 This vacation shall be subject to the terms and candition of Chapter 130, codi�ied Mazch 1, 1981, of the
15 Saint Paul Legislative Code as amended, and to the foIlowing conditions:
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17 1.
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That the petitioner's, their successors and assigns shall pay $500.00 as an administrative fee for
this vacation which is due and payable within 60 days of the effective date of this reso2ution.
That a permaneat utility easement shall be retained within the vacated area to protect the interest
of I3orthem States Power Company.
That a permanent utility easement shall be retained within the vacated area to protect the interest
of U.S. West Communication, Inc.
That a permanent urility easement shall be retained within the vacated area to protea the interest
of NSediaOne, Saint Paul, Inc.
29 5. That, except for retained easements described above and with the accompanying Utility
30 Easement Certificates of Intended Non-Use, filed voluntarily on behaif of U.S. West
31 Communicaflons, Incorporated, Northern States Power Company, I}ishict Energy St Paul,
32 Incorporated, MCI Metro Incorporated, MediaOne, The Water Utiliry, and Tha Deparbnent of
33 Public Warks, made a part hereof by Uvs refezence and filed in the office of the City Clerk of
34 Saint Paul> ihe Ciry, for iLSelf and on behalf of these corporations and deputments> waives the
35 right to the utility easements in the vaeated azea described above_
Councii �te # °°-�t3p
Green Sheet # 1 ��St9�,
o1-�a-o v
ORIGI�AL
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That �e getitionets sheir successars and assigns agree to indemnify, c€efend and save harmiess
the City of Saint Paul, its officers and empioyees from all suits, acSions or claims of any character
brought as a resnit of injiuies or damages �eceived or stistained by any persoa, petsons or
grop�rty on account of this vacazion or petitioners' use of tltis property> incIuding but not limited
to, a ctaim brought beca.use of any act of omission, aeglect, or miscondttct of said petifioners or
because af any claims or liabiliry arising from any violation of any law or regniation made in
accordance with the law, whether by the petitioners or any of their agents or employees.
9 7. Thai the petitioners, their snccessors and assigns shall, within 60 days of the effective date of this
10 resolution, fila with tha City Clerk an acceptance in writing of the conditions of this resolution
11 and shall, within the period{s) specified in the terms and conditions of this resolution, comply in
12 a21 respects with these terms and wnditions.
Requested by Deparfinent of:
Technalogv & ManaQement Services
By: � ���.L1.Z--
�-{,'t�f'bBirector
Form Appz ed by City Attomey
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Adopted by Council: Date ao
Adop 't�in Certified by Council Secre
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