03-407Return copy to: (jao)
Real Estate Division
140 City Hall
, � 1
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CITY OF SAINT PAUL, MINNESOTA
Presented By
Referred To
Cominittee: Date
1 BE IT RESOLVED, that, upon the petition of Todd Daddario, as documented in Reai Estate Division
2 File Number 2002-14, public properties hereinafter described aze hereby vacated and discontinued as
3 public property: The property to be vacated is described as follows:
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5 The Pullman Avenue from the East line of White Bear Avenue to 125 feet East
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7 This vacation shall be subject to the terms and condiUon of Chapter 130, codified March 1, 1981, of the
8 Saint Paul Legislative Code as amended, and to the following conditions:
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That the peutioners, their successors and assigns sha11 pay $500.00 as an administrative fee for
this vacation which is due and payable within 60 days of the effective date of this resolution.
That a permanent uulity easement shall be retained within the vacated area to protect the interest
of Qwest Communications, Inc.
'I'hat a permanent utility easement sha11 be retained on, over, under and across the vacated azea on
behalf of the City of Saint Paul, Deparpnent of Public Works to reserve the right of the City to
maintain and operate any sewer in or upon said easement and to enter upon said easement or any
portion thereof at any ume and from tnne to time, for the purposes of future construction,
reconstruction, inspecung, maintaining or repairing the same or any part thereof. Any
development or use of the proparty shall be subject to the following conditions:
a. No buiidings, structures, trees or any temporary structure, material starage, fixture, 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
Deparmient of Public Works Sewer Division with the understanding that the restoration
and costs of such improvements shall be the sole responsibility of the peuuoner, 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 within the easement area will be permitted without
written permission from the Department of Public Works, Sewer Division.
No change in surfacing within the easement area will be permitted without written
permission from the Department of Public Works.
e. Exisung sewers cannot be built over and sewer manholes must be kept at its current
grade. Any work to change the grade of the existing manhole must be done by a licensed
house drain contractor
Council �Yle# 03 _ `'�O�j
Green Sheet # �0391C �
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Q�1G1�AL
OJ'� Y�7
4. That the petiuoners, their successors and 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
properiy on account of this vacarion or peutioners' 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 liabiliry 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.
5. That the petitioners, their successors and assigns shall, within 60 days of the effecUve date of this
resolution, file with the City Clerk an acceptance in writing of the conditions of this resoluuon
and shall, within the period(s) specified in the terms and conditions of this resolution, comply in
all respects with these terms and condiuons.
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Public Hearin Re uested for A ri123, 2003
T.M.S./REAL ESTATE DIVISION Date: Green Sheet Number: 203981
ntad Pexson awl Phone Nnmber. 2 EPART,NFn�T DIItECTO 4 Q1'Y CO[ll\CII.
Juan Ortiz 6-8864 1 ATTORVEY �r-�R
UDGETDII2ECfOR FFICEOFFINANf.IAi,SVCS
pr:\ Z3 ao43
os[ be on Council Agenda by: �� ' 3 YOR (OR ASSISlANT) ES1'ATE 140 CH (ORTIZ)
OTAL # OF SIGNATURE PAGES _I (CLIY ALL LOCATIONS FOR SIGNATURE)
CTION REQUFSTED:
Petition to vacate the Puilman Avenue - White Bear to 125 feet East (TMS F51e #2002-14)
CO.�IINENDATIONS: APPROVE (A) ORREJECT (R) ERSONAL SERVICE CONTRACTS MUSf ANS�VER THE FOLLOWING:
. . Has the person/Frm ever worked mder a contract for this depardnent? YES NO
PL4NMNGCOMhfISSION A STAFF
Has this perso�5rm ever been a City employee? YFS NQ
CNIL SERVICE QOhIbI15510N
. Does this perso�J6rm possess a sltill not normally possessed by any YES NO
current C7ty employee?
CB COMhIITLEE
E lafn all YES answers on a se arate sheet and attach.
UPPORTS WHICH COUNCIL OBJECTIVE?
COUNCIL WARD(S) DISTRICT PLfv�iNING COUNCIL h
NITIATING PROBLEM� ISSUE� OPPORTUNITY (Who, �Vhay When, Where� Why?):
A pefition to vacate a portion of an unimproved street has been submitted.
DVANTAGESIFAYPROVED:
Property can be utilized by the abutting property owner.
ISADVAIv'TAGES IF APPROVED:
None foreseen. ~ APR 0 8 2003
v
ISADVANTAGES IF NOT APPROVED:
Plans by the petitioner to improve their property would have to revised.
OTAL AMOUVT OF TRANSACTIO�': �SOO COST/REVENUE BUDGETED (CIRCLE ONE) YES NO
ING SOURCE: ACTIVITY NU.�]BER: 001-�130�-2,833
INANCIAL INFORMATION: (EXPLAIM
The above is an administrative cost.
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Interdepartmental Memorandum
CITY OF SAINT PAUL
To:
All Council Members
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From: Peter White ���b'I�P°
KigJ�t of Way Eng�neer
140 City Hali
Date:
�tilije�t�
March 24, 2003
T15�TS'T3epYat'imeni.���on �`aIe 1�74. 2fl��:1h
I recommend a public hearing before the City Council be held on -1�p]riI �3, 211�3
The purpose of this vacation is to vacate the City's interest in Pullman Avenue from White Bear to
125 feet east for green space and driveway purposes.
This property is located in City Council District 7, Planning District 1_
cc: Shari Moore, Ciry Cierk's Office (for publication)
(200214hr.date2)