02-453Return copy to: B3E
Real Estate Division
140 City Hall
Presented By
Referred To
Committee: Date
i BE IT RESOLVED, that, upon the petition of Realife, Inc., as documented in Real Estate Division File
2 Number OS-2002, public properties hereinafter described are hereby vacated and discontinued as public
3 property.
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The properties to be vacated are described in attached Exhibit A.
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7 This vacation shall be subject to the terms and conditions of Chapter 13Q codified March 1, 1981, of the
8 Saint Paul Legislative Code as amended, and to the following conditions:
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That the peuuoners, their successors and assigns shall pay $500.00 as an administraUve fee for
this vacation, which is due and payable within 60 days of the effective date of this resolution.
That the City of Saint Paul has determined there is no longer a public purpose for owning and
maintaining Parcel3, whach was acquired for right of way purposes for Phalen Boutevazd, and
wishes to vacate its interest in this property; and that through this resolution the proper City
officials shall be authorized to convey, by quit claim deed, tiUe to Parcel3 to the HRA.
That the peutioner shall replat the development area to dedicate the drainage and uulity
easements needed across part of Lots 14 througJ� 17, Block 3, Kiefer-Park, and the necessary
easements in vacated Prosperity Avenue and the right-of-way for Phalen Boulevard and Johnson
Parkway; and that the vacauon of Parcels 7, 8, 9 and 10, as described in Exhibit A, shall not
become effective until the new plat has been approved by the Saint Paul City Council and the
Ramsey County Surveyor's Office, and submitted to Ramsey Counry for filing with the
Department of Property Records & Revenue.
That the peutioner shall provide a snow storage area on the west end of Geranium to the
sausfaction of the Department of Public Works.
ConncilFile# A]...453
Green Sheet # 111979
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
46
29 5. That a permanent utility easement shall be retained on, over, under and across the vacated area
30 located in Parcel5 on behalf of the City of Saiut Paul, Department of Public Works to reserve the
31 right of the City to maintain and operate any sewer in or upon said easement and to enter upon
32 said easement or any portion thereof at any time and from time to time, for the purposes of future
��_vs�
council �te #
Green Sheet # 111979
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consuuction, reconstrucuon, inspectinn, maintaining or repairina ffie same or any part thereof.
Said utility easement shall be subject to the following conditions
a. No buildings structures trees or any temporary structure material storage, fisture, or any
other objects that will prohibit normal access to utility facilities for maintenance purposes
will be permitted within the easement area_
b. Improvements in or upon the above described easement that do not prohibit the City from
exercising its reserved rights may be allowed by obtaining written permission from the
Department of Public Works Sewer Division with the understanding that the restorauon
and costs of such improvements shali be the sole responsibility of the petitioner, its
successors and assigns in the event the City exercises its reserved easement rights.
c.
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No change from the existing grade wittun the easement area will be permitted without
written permission from the Department of Pubiic Works.
No change in surfacing within the easement area will be permitted without written
permission from the Department of Public Warks.
e. The petifloner, its successors and assigns shall indemnify, defend and save harailess the
Ciry of Saint Paui its officers, agents, employees, and servants from all suits, actions, or
clanns which shall arise from any injuries or datnages received or sustained by any break
in any service pipe or connection in said reserved easement arising out of or resulting
from any action or negligence of the peutioner, lts empioyees, agents or business
invitees.
That, on behalf of the Board of Water Commissioners of the City of Saint Paul, a permanent
utility easement shall be retained on, over, under and across ihe vacated area located in Parcei 5
to reserve the right of the Board to maintain and operate any water facility in, on or upon said
easement, and to enter upon said easement or any portion thereof at any time, and from time to
time for the purposes of future consuucuon, reconstruction, insgection, maintenance ar repair of
the same or any part thereof. The said utility easement shall be subject to the following
restrictions:
a. No buildings, structures, trees or any temporary structure, material starage, fixture, or
other object that may prohibit normal access to water faciliues for maintenance purposes
will be permitted within the easement area.
b. With written permission from the Saint Paul Regional Water Services, improvements in
or upon the above described easement that do not prohibit or limit the full and free
exercise by the Saint Paul Regional Water Services of its reserved rights may be allowed,
with the understanding that the restorauon and costs of such improvements, should the
Water Services exercise its easement zights, shall be the sole responsibility of the fee
owner, its successors and assigns.
ap, _V S�
C011riCll F118 #
Green Sheet # 1ll979
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c. Shouid it be necessary that the peutioner's works or improvements be removed, or should
the said works or improvements be damaged as a result of the Saint Paul Regional Water
Services' operauons, all removal, replacement or modificauon costs shall be bome solely
by the petitioner.
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e.
No change from the existing grade within the easement shall be permitted without written
permission from the Saint Paul Regional Water Services.
No change in surfacing within the easement area shall be permitted without written
permission from the Saint Paul Regional Water Services.
f. The peutioner, its successors and assigns shall fully indemnify, defend and save harmless
the Board of Water Commissioners of the City of Saint Paul, its officers, agents,
employees, and servants from a11 suits, actions or claims that 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 resulung from any action or
negligence of the petitioner, its employees, agents or business invitees.
That a permanent utility easement sha11 be retained within the vacated area located in Parcel5 to
protect the interest and maintain the existing faciliues of Qwest Communications, Inc.
That a permanent utility easement shall be retained within the vacated azeas located in Parcels 2
and 5 to protect the interest and maintain the existing facilities of Xcel Energy-Gas Division.
Notwithstanding the provisions of paragraphs 5 though 8 above retaining the exisung utiliry
easements over Parcel5, the City of St. Paul acknowledges and agrees that such utility easements
will be relocated to be consistent with the Site Plan for the Realife cooperative project that was
approved by the City on May 14, 2002. Such relocauon of the utility easements will be
accomplished by dedication under the Final Plat for the Realife project to be considered by the
City of St. Paul on June 5 2002.
That the pefitioners, their successors and assigns agree to indemnify, defend and save harmless
the City of Saint Paul, its officers and employees from all suits, acuons or claims of any character
brought as a result of injuries ar damages received or sustained by any person, persons or
property on account of this vacation or petidoners' 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 ciaims or liability arising from any violation of any law or regulation made in
accordance with the law, whether by the petitioners ar any of their agents or employees.
41 11. That the petiuoners, their successors and assigns shall, within 60 days of the effective date of this
42 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution
43 and shall, within the period(s) specified in the terms and condifions of this resolution, comply in
44 all respects with these terms and conditions.
os.�s3
Council �le #
Green Sheet # 1 � /97 9
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Requested by Department of:
Technologv & Manaeement Services
By: �\..�L��/'�1`Lf/!�
I(�birector
Form Approved by Ciry Attorney ��
Adopted by Council: Date �/,� o��'� �?DD�
Adopuon,�rtified by Council Secretary
Maybr: Dat�� °
�
� a - `�53
Exhibit A
SUBSTITLJTE
(Legal Descriptions of parceis vacated per TMS �ile No. 05-2002)
Parcel 2- That part of East Jessamine Avenue described as follows: Commencing at the
northwest corner of Lot 15, Block 3, Kiefer-Park; thence on an assumed bearing of South 00
degrees 12 minutes 12 seconds East alon� the west line of said Lot 15 a distauce of 22.b9 feet;
thence 5outh 41 degrees 26 minutes 21 seconds East to the north line of East 7essamine Avenue
and the point of beginning of said property to be described; thence continuing South 41 degrees
26 minutes 21 seconds East 43.98 feat to the center line of said East 3essamine Avenue; thence
North 89 degrees 56 minutes ll seconds East along said center line 32.20 feet; thence North 48
degrees 07 minutes 55 seconds East 49.50 feet to said north line of East 7essamine Avenue;
thence westerly along said north line to the point of beginning.
Parce13 - That part of Lots 20, 21, 22, and 23, Block 3, Kiefer-Puk, lying northwesterly of the
following described line; Commencing at the northwest comer of Lot 15, Block 3, Kiefer-Park;
thence on an assumed bearing of South 00 degrees 12 minutes 12 seconds East along the west
line of said Lot 15 a distance of 22.69 feet; thence South 41 degrees 26 minutes 21 seconds East
to the center line of said East Jessamane Avenue, thence North 89 degrees 56 minutes 11 seconds
East along said center line 32.20 feet to the point of beginning of said line to be described; thence
North 48 degrees 07 minutes 55 seconds East 272.99 feet and there terminating.
Parcei 3a - That part of the a11ey in Block 3, Kiefer-Park lying easterly of the northerly extension
of the west line of Lot 20 in said Block 3 and northwesterly of the following described lzne;
Commencing at the northwest corner of Lot 15, Block 3 Kiefer-Pazk; thence on an assumed
bearing of South 00 degrees 12 minutes 12 seconds East along the west line of said Lot 15 a
distance of 22.69 feet; thence South 41 degrees 26 minutes 21 seconds East to the center line of
said East 7essamine Avenue; thence North 89 degrees 56 minutes 11 seconds East along said
center line 32.20 feet �o the point of beginning of said line to be described; thence North 48
degrees 07 minutes 55 seconds East 272.99 feet and there terminating.
Parcel4 - T`hat part of East Geranium Avenue which lies between the northerly extensions of the
west line of Lot 9, Blcek 3, Kiefer-Park and the east line of Lot 8, said Block 3.
Parcel 5- That part of the Northwesterly Half of Prosperity Avenue as relocated, lying south of
the south line of East Geranium Avenue and northwesterly of the following described line;
Connnencing at the northwest corner of Lot 15, Block 3, Kiefer-Park; thence on an assumed
bearing of South 00 degrees 12 minutes 12 seconds East along the west line of said Lot 15 a
distance of 22.69 feet; thence South 41 degrees 26 minutes 21 seconds East ta the center line of
said East Jessamine Avenue; thence North 89 degrees 56 minutes ll seconds East along said
center line 32.20 feet to the point of beginning of said line to be described; thence North 48
degrees 07 minutes 55 seconds East 272.99 feet; thence northeasterly along a tangential curve to
the right having a radius of 388.61 feet to the center line of said Prosperity Avenue and there
terminating.
G:\SHARED�REAL WPdataIVACAI'E�Bmce�2002\0520023,egals.fnLfil.wpd
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Pazce17 -1'hat part of the alley in Block 3, Kiefer-Park lying northwesterly of the center line of
Prosperiry Avenue as relocated and lying easterly of the following described line: Commencing
at the northwest corner of Lot 15, Block 3, Kiefer-Park; thence on an assumed bearing of South
00 degrees 12 minutes 12 seconds East along the west line of said Lot 15 a distauce of 22.69 feet;
thence South 41 degrees 26 minutes 21 seconds East to the center line of said East 7essamine
Avenue; thence North 89 degrees 56 minutes 11 seconds East along said center line 3220 feet to
the point of beginning of said line to be described; thence North 48 degrees 07 minutes 55
seconds East 272.99 feet and there terminating.
Parcel g- That part of Lots 20, 21, 22, and 23, Block 3, Kiefer-Park, lying northwesterly of the
northwesterly line of Prosperity Avenue as relocated and southeasterly of the following described
line; Commencing at the northwest comer of Lot 15, Block 3, Kiefer-Park; thence on an assumed
bearing of South 00 degrees 12 minutes 12 seconds East along the west line of said Lot 15 a
distance of 22.69 feet; thence South 41 degrees 26 minutes 21 seconds East to the center line of
said East 7essamine Avenue; thence North 89 degrees 56 minutes 11 seconds East along said
center line 32.20 feet to the point of beginning of said line to be described; thence North 48
degrees 07 minutes 55 seconds East 272.99 feet and there tetminating.
Parcel9 - That part of the Northwesterly Half of Prosperity Avenue as relocated, lying north of
the north line of East Jessamine Avenue and south of the south line of the alley in Block 3,
Kiefer-Park.
Parce110 - That pan of the Northwesterly Ha1f of Prosperity Avenue as relocated lying north of
the north line of the a11ey in Block 3, Kiefer-Pazk and lying southeasterly of the following
described line: Commencing at the northwest corner of Lot 15, Block 3, Kiefer-Park; thence on
an assumed bearing of South 00 degrees 12 minutes 12 seconds East along the west line of said
Lot 15 a distance of 22_69 feet; thence South 41 degrees 26 minutes 21 seconds East to the center
line of said East 7essamine Avenue; thence North 89 degrees 56 minutes 11 seconds East along
said center line 32.20 feet to the point of beginning of said line to be described; thence North 48
degrees 07 minutes 55 seconds East 272.99 feet; thence northeasterly along a taugential curve to
the right having a radius of 388.61 feet to the center line of said Prosperiry Avenue and there
terminaung.
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T.M.S./REAL ESTATE DIVISION Date: May 10, 2002 Green
ontactPersonand$honeNumber: 2 EPARTMENTD
Bruce Engelbrekt 266-8854 �" 1 ATTORNEY
i7i')C.FT DiRF.CTnR
on Com�ul AgeudaLp: �R.: r.�r �.&t ,��x�.G.
3
02- �5.3
Number: ll1979
TY COUNCII.
TY CLERK
FFICE OF FAe1NCfAL SVCS.
ITAL # OF SIGNATURE PAGES 1(CLIP ALL LOCATIONS FOR SIGNA'I'CTRE)
:TION REQUESTED:
To approve a petition to vacate several parcels in the area generally bounded by East Geranium Avenue on
the north, Phalen Boulevard on tl►e south and east, and Johnson Parkway on the south and west.
Reference: l) resolution; 2) petitaon to vacate; 3) cet�6ed ownership report; 4) map; 5) responses from
ShSCNDATIONS APPROVE (A) OR REJECT (R)
PLA *M7lVG COMMISSION A SfAFF
QVII, SERViCE COMMISSTON
CB COMMI1'TEE
�RTS WHICH COUNCII, OBIECTIVE?
� 6
RSONAL SERVICE CONTRACTS M(IS2 ANSWER THE FOLLOWING:
Has Ne petson(�rm ever worked mder a contrect for this deparhnent? YES NO
Has this persodGrm everbeen a(,tity employee?
Does thisperson(firm possess a skill �wtnormally possesse.d by any
current
PLANNING
COUNCIL
fa
PROBLEM, ISSIIE, OPPORTUNiTY (FVho, 4Yhay When, Whem, Why?):
The petitioner proposes to vacate � separate parcels within the above-
mentioned boundaries in order to support tk�e development of a 58-unit
senior housing cooperative. At the same time, the City proposes to dispose of
surpins right of way (acqnired for Phalen Boulevard), which will be
conveyed to the FIRA and subsequently to Reatife, Inc., the developer.
i.ANTAGES IF APPROVED:
to nroceed with the new
)ISADDANTAGES IFAPPROVN�:
None
ISADVANTAGES IF NOT APPROVED:
Without the vacation, the development couid not be carried out as planned
and the a�ea wonld not benefit from the imnrovement
YFS NO
YES NO
�'��� C;���?��°��,
���'��I'�� f�� �`����5
b'J_'-sr��`.�.� I�S ��:"�' �����
�'�f��:� �� �9f���
�TAL AMOUNT OF TRANSACTION: �SOO.00 COSTlREVENUE BUDGETID (CIRCLE ONE) YES NO
!�rou�resouicc� N1A nczivrrr��: N/A
�rcrat �o�taziox: �Lauv�
the administrative fee for the vacation.
�ouzsnt wra��vwcw�sm��2oacws.zooz.cs.�a
Interdepartmental Memorandum
CITY OF SAINT PAUL
To:
All Councii Members
From: Peter White '����„� �� �'
Right of Way Engineer
140 City Hall
Date:
�ubjeet
Apri129, 2002
�-`
Ccx�?'� ���?�,..^ L v . >�,'
4. ��..., !'s � t^t�S
, .. ._ o �65�,€
'ITYIS=Iteal Estat� DiviSi�in �?acat�� File 1�A p5-2Qb2
I recommend that a public hearing before the City Council be held on �a� ��, 2(I(}�.
The purpose of this hearing is to consider a resolution to vacate surplus city propeny and city sueet
and aliey right of way to support the developmettt of a 59-unit senior housing cooperative near
Johnson Parkway and Phalen Boulevard in Saint Paul.
This property is located in City Council District �, Planning District �.
cc: Shari Moore
City Clerk's Office
170 City Ha11
G:�SHARED�REAL W Pdata\V ACATblBmce�2002\052002.Arg Rqriwpd
o�.-`► I�
NOTICE OF Pi3BLIC HEARING
Notice is hereby given that the petition of Realife, Inc. for the
vacation of those parts of E. Jessamine Avenue, East Geranium
Avenue and the alley in Block 3, Kiefer Park as more fully
described on file and on record in the office of the City Clerk
of Saint Paul, Minnesota, will be heard and considered by the
Saint Pau1 City Council at a meeting to be held in the Council
Chambers on the 3rd floor of City Hall and Court House on the
22nd day of May, 2002 at 5:30 P.M.
Dated April 30, 2002
Shari Moore
Deputy City Clerk
(May 2, 2002)