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03-527Return copy to: (� • �.} �� I����� Council File # 03 - 5 S� m Real Estate Division 140 City Hall Green Sheet # a oy � � a RESOLUTION CITY OF SAINT PAUL, MINNESOTA lt� Presented By Refened To i WHEREAS, on November 20, 2002, the Council'approved CF# 02-1093, vacating parts of Belleview and z Capitol Heights Streets; and a WHEREAS, the said CF# 02-1093 contained an incomplete legal description of Capitol Heights Street to be s vacated; � THEREFORE BE IT RESOLVED, that the said CF# 02-1093 shall be amended as follows: 9 Lines 11 through 20 on page 1 of the said CF# 02-1093 shall be deleted, and the following shall be inserted: io i i Parcel II. that part of Capitol Heights Street more particulazly described as follows: �z Commencing on the southwesterly line of Capitol Heights Street at the most northerly corner of �s Lot 5, Auditor's Subdivision No. 67, St. Paul, Minnesota; thence northeasterly, at right angles to �a the southwesterly line of said Capitol Heights Street, to the northeasterly line of Capitol Heights is Street; thence northwesterly, along said northeasterly line, to the westerly most corner of Lot 4, 16 of Bass' Re-arrangement of parts of Blocks nineteen (19), twenty (20), twenty one (21), and » twenty three (23) Those parts of Warren St. and Sherburne Ave. vacated by the City Council is Ashton and Sherburne's Addition to St. Paul; thence southwesterly, at right angles to said iv northeasterly line, to the soathwesterly line of Capitol Heights Street; thence southeasterly, along 2o said southwesterly line, to the point of beginning; and there terminating. zi � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � 03-5�'1�� DeparhneMfofficelcouncil: � Date Initiated: 'i TE — TechnologyandManagement � 16-MAY-03 ; Green Sheet NO: 204112 CoMact Person & PeterWhite � 6-8850 Be on Councl Agenda by (Date): � Assign Number For Routing Order ueoarvnent sent ro Person 0 iTec6uoloev and Mauaeement S i 1 (I'echnoloev and Manaeement S � Deoartment Director 2 iN Attornev 3 a or'sO�ce I Ma odAssistant 4 �,Couocil mivauoate ToWI # of Signature Pages _(Clip All Locations for SignaWre) wc[wn ttequested: To amend the legal descriprion of part of Capital Heights Street vacated on November 20, 2002. Ref. 1. Resolution for considerarion 2. Copy of CF# 02-1093. idations: Approve (A) or Rejed (R): Planning Commission CIB Committee Civil Service Commission rersona� service Vontrects must wnswer tne Fonov�nng cluest�ons: 1. Has this person/firm ever worked under a contract for this department? Yes No 2. Has this personffirm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet laitiating Problem, Issues, Opportunity (Who, What, When, Where, Why): The referenced legal descriprion was incomplete. �tECEIVED AdvantaqeslfApproved: The vacarion can be filed with Ramsey Counry. . i. DisadvanWqes If Approved: None CO�� ,r� �;,, Disadvantaqes If Not Approved: Ramsey County will not accept the vacarion resolution. f� x03 c� °� ���� 5 ti^:9 � A �otal Amount oF Trensaction: Funding Source: CosURevenue Budgeted: � i Acfivih�Number � Financial Information: (Explain) . Return copy to: (e.c.)) Real Fstate Division 140 City Hall ✓ �-.�; RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Date �� 1 BE IT RESOLVED, that, upon the petition of Regions Hospital�s-�6cumented in Real Estate Division 2 FIle Number 23-2002, public properties hereinafter described are hereby vacated and discontinued as 3 public property: 4 5 The property to be vacated is described as follows: 7 Pazcel T. that part of Belleview Street lying southwesterly of the southwest right-of-way line of 8 Jackson Street, northeasterly of the southeasterly extension of the center line of Capitol 9 Heights Street and northwesterly of the center line of the said Belleview Street; and 10 11 ParcelII. 12 13 14 IS 16 17 18 19 20 21 that part of Capitol Heights Sueet more pazucularly described as follows: Commencing on the southwesterly line of Capitol Heights Street at the most northerly corner of Lot 5, Auditor's Subdivision No. 67, St. Paul, Minnesota; thence northeasterly, at right angles to the southwesterly line of said Capitol Heights Street, to the northeasterly line of Capitol Heights Sueet; thence northwesterly> along said northeasterly line, to the westeriy most comer of Lot 4, of Bass Re-arrangement; thence southwesterly, at right angles to said northeasterly line, to the southwesterly line of Capitol Heights Street; thence southeasterly, along said southwesterly line, to the point of beginning; and there terminating. 22 This vacation shall be subject to the terms and condiuon of Chapter 130, codified March l, 1981, of the 23 Saint Paul Legislative Code as amended, and to the following conditions: 24 25 1 26 27 28 29 30 31 32 33 34 35 36 37 That the petitioner's, 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. 2. That a permanent utility easement shall be retained on, over, under and across the vacated area on behalf of the City of Saint Paul, Department 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 time and from time to ume, for the purposes of future construcuon, reconstruction, inspecting, maintaining or repairing the same or any part thereof. Any development or use of the properry shall be subject to the following condiuons: a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any other objects that will prohibit normal access to utility facilities for maintenance purposes will be permitted within the easement area. 03 - s a� Council File # 0�-log Green Sheet #��� % o� -sa�t s O�,.lo9� 1 b. Improvements in or upon the above described easement that do not prohibit the City from 2 exercising its reserved rights may be allowed by obtaining written permission from the 3 Department of Public Works Sewer Division with the understandin� that the restoration 4 and costs of such improvements shall be the sole responsibility of the peuuoner, its successors and assigns in the event the City exercises iu reserved easement ri�hts. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 3. 21 22 23 4. 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 c. � No change from the existing grade within the easement area will be permitted without written permission from the Department of Public Works. No change in surfacing within the easement azea will be permitted without written permission from the Depaztment of Public Works. e. The peutioner, its successors and assigns shall indemnify, defend, and save harmless the City of Saint Paul, its officers, a;ents, employees, and servants from all suits, actions, or claims which shall arise from any injuries or damages received or sustained by any break in any service pipe or connection in said reserved easement arisinL out of or resulting from any action or negligence of the petitioner, its employees, aeents, or business invitees. That the petitioner shall submit a detailed plan that describes, and shall dedicate drainage easements for storm water flow from the north to existing storm sewers. 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 the vacated area to reserve the right of the Boazd to maintain and operate any water facility in, on or upon said easement, and to enter upon said easement or any portion thereof at a�iy time, and from time to time for the purposes of future construction, reconstruction, inspection, maintenance or repair of the same or any part thereof. The said uulity easement shall be subject to the following restrictions: a. No buildings, structures, trees or any temporary structure, material storage, fixture, or other object that may prohibit normal access to water facilities 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 rights, shall be the sole responsibility of the fee owner, its successors and assigns. a Should it be necessary that the petitioner'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' operations, all removal, replacement or modification costs shall be bome solely by the peutioner. d. No change from the e�sting grade within the easement shall be permitted without written permission from the 5aint Paul Regional Water Services. o�-sa�� o�.- ��g- 1 e. No change in surfacing within the easement area shall be permitted without written 2 permission from the Saint Paul Regional Water Services. 4 f. 6 7 8 9 10 11 5. 12 13 14 15 16 17 18 19 6. 20 21 22 7. 23 24 25 26 27 28 29 The petiuoner, its successors and assigns shall fully indemnify, defend and save harmless the Boazd of Water Commissioners of the City of Saint Paul, its officers, agents, employees, and servants from all 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 resulting from any action or negliaence of the petitioner, its employees, agenis or business invitees. That a permanent utility easement shall be retained within the vacated area to protect the right of Northern States Power Company, d.b.a. Xcel Energy, to enter upon the vacated property to access, operate, maintain, use, alter, reconstruct, relocate, replace or remove existing facilities and to construct new facilities. The easement hereby retained shall imply the right to remove structures, uees or objects (except fences, streets, parking, curbs and gutters and landscapin�) that would, in the opinion of Northern States Power Company, interfere with construction and maintenance of said facilities. That a permanent utIlity easement shall be retained within the vacated area to protect the interest of Qwest Communications, Inc. That the petitioners, 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 character brought as a result of injuries or damages received or sustained by any person, persons or property on account of this vacation 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 claims or liability arising from any violation of any law or regulation made in accordance with the law, whether by the petitioners or any of their agents or employees. 30 8. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this 31 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution 32 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in 33 all respects with these terms and conditions.