02-442Return capy to: jao
Real Estate Division
140 City fT
Presented By
Referred To
Committee:
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WT�REAS, the Council of the Ciry of Saint Paul, upon the peurion of Minnesota Public Radio, as
contained in Technology Department File Numbered 2001-24 did, by that resoluuon stated in Council
File Numbered 02-165, approve the peuuon to vacate and disconUnue as public property the following
property:
See Attached E�ibit "A" ;
said petition was filed to help develop a new skyway far the petitioner.
WHEREAS, a portion of the description above menuoned in Exhibit "A" from Council File Numbered
00-321 needs to be revised at the request of the peutioner and the City of Saint Paul Department of
Pubiic Works; so
NOW THEREFORE BE IT RESOLVED, that the descripUOn in Exhibit "A" from the Council File
Numbered 02-165 is hereby amended as follows:
strikethrough (remove) the words "An easement for"
AND BE IT FURTHER RESOLVED, that all other terms and conditions set forth in Council File
Numbered 02-165 shall remain in full force and effect.
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T.M.S./REAL ESTATE DIVISION Date: G ee heet Number: 111891
2 zeaar.�rsn�ecroa � 4 ¢nco�m.
ontact Person and Phone Nuinber:
y M�w S ATfOB.�EY 5 dERA
JI13D OLYIZ �.GG�SH�I am� D16ECTOR &MGS.SS'CD@
3 xoaNa.vmsx.tivr� 6 xe.v.srw'`Enivrs[oa�sooxuoce
ust be on Council Consent eada bp:
OTAL # OF SIGNATURE PAGES / (CLIP ALL LOCATIONS FOR SIGNATURE)
CTION REQUESTED:
Amend description of vacated air rights in C.F. 02-165
co>a�wanors:aerxover,��oexe�ecruc> ERSOVAL SERVICE CONTRACTS MUST ANSWER TSiE FOLLOK`ING:
P'-+�'°`ti`� CO�`QmOti �_ s''�' . FIas the persodLrm ever worked iwder a contract for this departrnent? YES NO
avu.smn¢wnnnazo� Haz this person/firm ever been a City employee? YES NO
� . Does lhis person/firm possess a skill not nonnally possessed by any
! lain all YFS ansrvers op a se azate sheet and attach.
UPPORTS WHICH COUNCIL OBJECTIVE?
COUNCIL WARD(S) 2 DLSTRICT PLANA'ING COWi CIL j�]
NTTIP.TING PROBLEM, ISSilE, OPPORTUNITY (Who, W6at, Wheq Where, Why?):
ouncil approved Minnesota Public Radio's (MPR) petifion to vacate air rights just north 9th & Cedar.
A portion of the descriprion needs to be amended.
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VANTAGES IF APPROVED:
Property can be developed as approved. ,� r. `���
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TSADVAA'fAGES IF APPROVED:
None . MAY 0 �v Zu�Z
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ISADVAb'TAGESIFNOTAPPROVED: ` � y + v V
The property rights being vacated will be inaccurately described.
OTAL AbiOUNT OF TRANSACTION: COST/RE4"E\ BUDGETED (CIRCLE ONE) YES I�O
DI�'G SOUACE: ACTIVf'I'Y NUMBER:
I�'ANCIAL IV�FORrLATION: (EXPLAII�
Y
Retum copy to: jao
Tt�al r:state Division
140 City Hall
R�,��.���Q� � �b. a�7 a oo�,
RESOLUTIO
41NT PAUL��MXN1VESOTA
Presented By
Referred To
Council File # O � S
GreenSheet# 1�\�6$L
Date
61-�1�a'
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1 BE IT RE50LVED, that, upon the petition of YVIinnesota Public Radio ("MPR" or "Petitione�"), as
2 documented in Real Estate Division File Number 2001-24, public properties hereinafter described are
3 hereby vacated and discontinued as public property:
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5 The property to be vacated (the vacation azea) is described as follows:
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7 ` See Attached Map & Description in E�ibit "A"
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10 This vacauon shall be subject to the terms and condiuon of Chapter 130, codified March 1, 1981, of the
ll Saint Paul Legislative Code as amended, and to the following conditions:
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That the petitioner's, their successors and assigns shall pay $500.00 as an adminisuative fee for
this vacat?on which is due and payable within 60 days of the effective date of this resolution.
At the requirement of the City of Saint Paul, Department Public Works, a minimum
clearance under any skyway bridge built in the vacated area shall be seventeen feet, four inches in
the vehicular azea of the street. Any skyway bridge built in the vacation area shall also be
required to follow the "American Association of State Hi�hway and Transportation Officials"
standazd specifications for Hiahway Bridges, sixteeth addition,1996.
At the request of the City of Saint Paul, Department of Public Works, any skyv✓ay bridae
constructed in the vacated area shall be compatible with the guidelines for the Capitol view
corridor.
This vacation public property shall remain in place for the life of the proposed structure only.
Construction of a skyway in the vacation area described in attached Exhibit "A", shall nullify
the petition to vacate public property referenced in Real Estate Division File Number 2001-23
and all property ri�hts mentioned in File Number 2001-23 shall revert back to the City of Saint
Paul. ,
That if no skyway bridge is built within five years of the approval of this resolution, all rights to
vacated area shall revert back to the City of Saint Paul.
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2 4. The City of Saint Paul, Department of Planning and Economic Development will a�ree with the
3 petition to vacate air rights across Cedar street, subject to the foilowing conditions: �_ { 6S
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5 a) That only one of the two vacauon petitions submitted by MPR be aranted at this time (File
6 #2001-23 or #2001-24). Should MPR's final design require different or adjacent air rights, they
7 wiil be allowed to submit a new petition for vacation.
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9 b) That prior to issuance of a building permit for the consu of this air bridge, MPR will be
10 required to submit, in writing, the speci£c purpose and intended use of this air brid;e to Public
11 Works and Planning and Economic Development.
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13 c) That the location, height and transparency of the air bridge maacimize the view of the State
14 C3pit01. �the Capital Area Architectural Plannin¢ Board and
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llistrict 1/ Planning Council
d) That MPR continue to work with the Design Cente, explore at-grade solutions for a
connection between their headquarters and the Fitzgerald Theaue consistent with the Saint Paul
ontheMississippiDevelo as we11 as public access and future
�t.MPR understanc� thaf the City c�zishes to connections to the skyway syste j
: e u ic sTcywa o�ion o en an avai7a6�e.
at� e petzuoners, t eir successors an assigns agree to indemnify defend and save harmless
the City of Saint Paul its officers and employees from all suits, actions or claims of any chazacter
brought as a result of injuries or damages received or sustained by any person, persons or
property on account of this vacation or petitioners' use of this property, including but not limited
to, a claim brought because of any act of omission, neglect, or misconduct of said petitioners or
because of any claims or liability arising from any violadon of any law or regulation made in
accordance with the ]aw, whether by the petitioners or any of their agents or employees.
28 6. That the petitioners, their successors and assigns sha1L within 60 days of the effective date of
29 this resolution, file with the City Clerk an acceptance in writing of the conditions of this
30 resolution and shall, within the period(s) specified in the terms and condiuons of this resolution,
31 comply in all respects with these terms and conditions.
Certified by
By: _1}
Approved
By: �
Secretary
RecLueste�d by Department of:
"f �
By; �
Director
Form A r ed by City Attorney
By:
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, Appro d y �tayor for � �on
B ��
Adopted by Council: Date �� �.�: a-� o a„