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02-557ORlGINAL Return copy to: BJE Real Fstate Division 140 CSty Hall RESOLUTION CouncilF�le# oa•ss� Green Sheet # 111987 OF SAINT PAUL, MINNESOTA Presented By Referred To Committee: Date �� WHEREAS, a request has been received from Realife, Inc: for the release of various easements in Parceis 2, 3a, 4, 5, 7, 9 and 10, as described in the attached Exhibit "A", said areas being previously vacated by City Council File No. 02-453, approved by the Council May 22, 2002; and WHEREAS, the City and private utility companies have determined that the existing easement rights in the aforementioned vacated parcels may be released; and s WHEREAS, the Saint Paul Deparlment of Public Works has determined that it no longer needs the 9 slope easements originally taken by Council File No. 213419, approved by the Council June 19 1963; io and ii iz WHEREAS, according to the plat known as Realife CooperaUve of Phalen, Saint Paul, various is easements were dedicated to the public for public use within Lot 1, Biock l, and within addifional street ia right of way adjacent to Lot 1, Block 1; now, therefore be it is ie RESOLVED, that with the accompanying Utility Easement Certificates of Intended Non-Use, filed i� voluntarily on behalf of Qwest Communicauons, Inc., Xcel Energy (Electric), Xcel Energy (Gas), is District Energy/District Cooling St. Paul, Inc., AT&T Broadband, Saint Paul Public Works Department �v and Saint Paul Regional Water Services, made a part hereof by this reference and filed in the oYfice of zo the City Clerk of Saint Paul, the City, for itself and on behalf of these corporations and departments, ai waives the right to the uulity easements in the vacated areas mentioned above, subject to the following: 2z 23 24 25 � z� that the release of all uulity easement rights be subject to Council approvai and recording with Ramsey County of the plat lrnown as Realife Cooperative of Phalen; and be it further za RESOLVED, that the Saint Paul Public Works Department waives the right to the slope easements z9 along the westerly line of vacated Prosperity Avenue between Jessamine Avenue and East Geranium so Avenue, as originally taken by Council File No. 213419; and be it finally 31 s2 RESOLVED, that upon passage of this resoluuon, the City Clerk is hereby authorized and directed to ss record a copy of this resolution in the office of the County Recorder, Ramsey County, and that the City sa Clerk shall maintain a copy of the Certificates of Intended Non-Use referenced in this resolution on file ss in the Office of Citizen Services. �d�»��o Realife Easement Release Resolution Page 2 Council F31e # a "� — S$ � Green Sheet # 11198'7 Requested by Department of: Adoption Ce� By: � Approved by B � G�SAPSLED�REAL WPd Technoloev & Manaeement Services By: ��� M� Director Form Approved by City Attor�ey Date a oa_By: by Counci ecretary �. �� �1�proved by ayor for Submission to Council � Date =�� � U C� . TE�Bmce�2002\ .20 .basementF2e]easeStes.hm Adopted by Council: oz- S5�1 Exhibit A (Legal Descriptions of those parcels vacated per Council FYIe No. 02-453 that require release of easements) Parce12 - That part of East Jessamine Avenue described as follows: Commencing at the northwest comer 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 IS a distance of 22.69 feet; thence South 41 degrees 26 minutes 21 seconds East to the north line of East Jessamine Avenue and the point of beginning of said property to be described; thence continuing South 41 degrees 26 minutes 2l seconds East 43.98 feet to the center line of said East Jessamine Avenue; thence North 89 degrees 56 minutes ll seconds East along said center line 32.20 feet; thence North 48 degrees 07 m3nutes 55 seconds East 49.50 feet to said north line of East Jessamine Avenue; thence westerly along said north line to the point of beginning. Parcel 3a - That part of the alley in Block 3, Kiefer-Pazk lying easterly of the northeriy extension of the west line of Lot 20 in said Block 3 and northwesterly of the following described line; Commencing at the northwest corner of I.ot 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 Jessamine 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. Parcel4 - That part of East Geranium Avenue which lies between the northerly extensions of the west line of I.ot 9, Block 3, Kiefer-Park and the east line of Lot 8, said Block 3. Pazcei 5- That pan 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; Commencing at the northwest comer 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 Jessamine 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 tangential curve to the right having a radius of 388.61 feet to the center line of said Prosperity Avenue and there terminating. Parcel 7- That part of the alley in Block 3, Kiefer-Park lying northwesterly of the center line of Prosperity Avenue as relocated and lying easterly of the following described line: 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 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 terminaung. G:�SHARED�REAL WPdata\VACATE�Bruce�2002\OS 2002.Lega7s.fnLful.forFsmtRe]Res.wpd ca-ss� Parcel9 - That part of the Northwesterly Half of Prosperity Avenue as relocated, lying north of the north line of East 7essamine Avenue and south of the south line of the alley in Block 3, Kiefer-Park. Pazcel 10 - That part of the Northwesterly Half of Prosperity Avenue as relocated, lying north of the north line of the alley in Block 3, Kiefer-Park and lying southeasterly of the following described line: Commencing at the northwest comer of L.ot 15, Biock 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 Jessamine Avenue; thence North 89 degrees 56 minutes ll 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; thence northeasterly along a tangential curve to the right having a radius of 388.61 feet to the center line of said Prosperiry Avenue and there terminating. G.lSFL4RED�REAL WPdata\VACATE�Bruce�2002\OS 2002.Legals.L�Lfnl.forEsmtRelRes.wpd 2 O�-SS T.M.S./REAL ESTATE DIVISION Date: June 10, 2002 Green Sheet Number: 111987 ntactPerson and Plwne N�ber: 2 EPARTMII�T DIl2ECTOR 4 CITY COUNCII, Bruce Engelbrekt 266-8854 I A'iTO� �'}'�L cr�'Srcr.Ex� Gr. e�?-� `Z- �� p- �� UDGET DIBECTOR FFICE OE FINANCSAL SVCS. as[beonComcilAgendaby: ��.%�r'���$�#g���� 3 YOR(ORASS7STANf) OTAL # OF SIGNATURE PAGES 1(CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED: To approve the release of utility and slope easements on property near Phalen Boulevazd and Johnson Parkway, which was previously vacated for a senior housing project being developed by Realife, Inc COMMEPIDATIONS aPPROVE (A) OR REJECT (R) ERSONAL SERVICE CONTRACTS M[JST ANSWER THE FOLLOWING: PIaNNING COMNIISSION yTAFF •�� ��0�� ever worked mder a contract for this department? YES NO Has this perso�Srm ever been a�ty employee? YES NO QVII, SERVICE COMMISSION . Does this person/6rm possess a skiD not nonnaDy possessed by any YES NO CB COMMITLEE ��� employee? E lain all YES answers on a se azate sheet and attach. UPPORTS WIIICH COUNCII.OBIECTIVE? OUNCIL 6 DISTRICT y ARD(S) PLANNL�'G ' COUNCTL HITIPaTING PROBLEM, 7SSIJE, OPPORTUNITY (Whq Whaf, When, W6ere, Why?): The developer is in the process of constructing a 59-unit senior housing cooperative in this area and is _ seeking a release of the ea�sting easements, with the rededication of the easeme� nts i�a.�f'�na1-gla p roved by the City Council on June Sth. VANTAGES IFAPPROVED: � � ��;� The easements will be released allowing the housing development to proceed. ._�3-�Sfl ISADVANTAGESIFAPPROVED: ' None. The necessary easements will be rededicated in the piat before the e�sting easements are released. This will rotect the current and future interests of the utilities. ISADVANTAGES IF NOT APPROVED: The property owner will be unable to construct the housing development unencumbered by these easements. The City may not be able to realize additional property t� revenues from the additional housing generated by this development. OTAL AMOUNT OF TRANSACTION: $O.00 COST/REVENUE BUDGETED (CIRCLE ONE) YES NO ING SOURCE: �T�A ACTIVITY NOMBER: N�A NANCIAL INFORMATION: (EXPLAIi� G:�SE{.ARffi1�R6AI, WPdata\VACATE�Bmce�2002\05.2002.HasemenlRe]ease.GS.frm . � i � i � � � � � � � � � � � �� i _ c �-i ° �� � s� ' sF I S' �� S o'3B 6+ � �'�f36 m"F� _ �, o � a a o � 4l � � N o1- SS� � — — � � 1 � - — — — ->. � O : � 1 _v_ 1 "J \ `C � • � ��\_ � � •Ji. \ : � y � �: �� ' : :O � 1 ` <� . '• \ �^" \ � ' i• .� x o� � � '-.•; :�, � �� m: � f '•��, ' r, c � �*? :'tC 'i:. \ e � � ' ., ,� •,. \ �„ � 97 "�y;. \ \ uT :LO � U; ''\� + \ \ r" . � -; -� � '%�•, , I `� ` � � �Yw'_ , � � - � F I v � "� \ � I � 't' t ? 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