03-811Retum copy to: (e.c.)
Real Estate Division
140 City Hall
Council File # �3 � O � �
Green Sheet # 03q(p2,
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Zy
Presented By ��
Referred To
Committee: Date
i WHEREAS, on March 20, 2002, the Council approved CF# 02-233, thereby vacating parts of Wheeler Street
z and Munster and Graham Avenues; and
WHEREAS, the plan to develop the azea, for which the street and avenues were vacated has been changed;
not all of the vacated area will be required;
� THEREFORE BE IT RESOLVED, that the said CF# 02-233 shall be amended as follows:
9 lines 6 through 18 on page 1 of the said CF# 02-233 shall be deleted and the following descriptions
io shall be inserted:
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iz The property to be vacated is described as follows:
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ia Munster Avenue from the Southeasterly line of West Seventh Street, as widened by an order of the
is Common Council of the City of Saitn Paul on December 4, 1889, to the west line of Davern Street
i6 excepting therefrom that part lying northwesterly of the hereinafter described Line A; and
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is South Wheeler Street from the Southeasterly line of West Seventh Street, as widened by an order of
i9 the Common Council of the City of Saint Paul on December 4`", 1889, to the north line of Norfolk
zo Avenue, excepting therefrom that part lying northwesterly of the hereinafter described Line A; and
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zz Graham Avenue from the Southeasterly line of West Seventh Street, as widened by an order of the
zs Common Council of the City of Saint Paul on December 4�', 1$89, to the west line of Davem Street,
za excepting therefrom that part lying northwesterly of the hereinafter described Line A
zs
z6 Line A
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zs Commencing at the Southwest corner of the Northeast Quarter of Section 21, Township 28 North,
z9 Range 23 West, Ramsey Counry, Minnesota; thence North 89 degrees 31 minutes 22 seconds East,
ao assumed bearmg, along the south line of said Northeast Quarter a distance of 204.15 feet; thence
si North 28 degrees 36 minutes 22 seconds East, 37.76 feet thence South 89 degrees 31 minutes 22
sz seconds West, 215.43 feet to the point of begivning of Line A to be described; thence North 42
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degrees 37 minutes OS seconds East 241.01 feet; thence North 50 degrees 39 minutes 18 seconds East,
246.66 feet; thence North 63 degrees 30 minutes 59 seconds East 75.70 feet; thence North 47 degrees
22 minutes 22 seconds East, 104.42 feet; thence North 0 degree 09 minutes 55 seconds West, 3.76
feet; thence North 50 degrees 04 minutes Ol seconds East, 52.04 feet; thence South 0 degrees 09
minutes 55 seconds East, 1.93 feet; thence North 49 degrees 48 minutes 42 seconds East, 84. 35 feet;
thence North 52 degrees 39 minutes 39 seconds East, 102.95 feet to the northerly endpoint of the west
line of Block 9, Homecroft an Addition to the City of St. Paul, said Ramsey County, and there
terminating.
io BE IT ALSO RESOLVED, that except as hereby amended, all terms and conditions of the said CF# 02-233
shall remain in full force and effect.
eas
Adopted by Councii: Date �
Adoption Cert i d by Council
By: d�v
Requested by Deparhnent o£
Technology & Manaeement Services
� ,�
� By: �YY.0 �. � _t tii.rs-n/ �"�'�
� (�� I�irector
� Form Approved by City Attorney ��'
Mayor for Sutya�rt�sio�} to
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
--�-�----..__..._.�_.._... _ ... _
re -Te��a�o�,�,a����� j o���3 ; Green Sheet NO: 3003962
ConUCt Person & Phone:
Peter Whde
6-8850
Must Be on Council Aaen
Total # of Signature Pages
■�/
Assign
Number
For
Routing
Order
oeoartrnertt �ent�o rerson
0 fl'echooloevandMaoa¢emeotS �
1 iN Attornev ! Meehau Rilev
2 fl'echnoloev and Manaeemeut S I DirecMr
3 avor•s Of6ce � Mavor/Assisfaut
4 ouncil
5 itv Clerk I GtiN Clerk
(Ciip All Lowtions for Signature)
mroauuate
To amend CF# 02-233, thereby amending the legal description of the vacated azea Ref: 1. Resolurion for consideration; 2. Copy of
CF# 02-233.
Recommendations: Approve (A) or Rejed (R):
Planning Commission
CIB Committee
Civil Service Commission
Personal Service Contracts Must Answer the Following Questions:
1. Has this persoNfirm ever worked under a contred 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 empioyee?
Yes No
Explain ali yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
The scope of the planned development has been changed.
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U =v 2Q�a
AdvanWges If Approved:
Only that part of the right-of-way needed for the project will be vacated.
Disadvantaqes If Approved:
None
Po pnen�ar!1 (�Ar1fQr
v
: � Il
Disadvantages If Not Approved:
More right-of-way than required will be vacated.
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Total Amount of O
Transaetion:
Fundinp Source:
Cost/Revenue Budgeted:
Activity Number:
- -. nr-inE..
Financial Information:
(6cplain)
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Retam copy to: $J�
Real Estate Division
140 City Hali
' � � � I f _ j ,�. 3
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Presented By
Referred To
o3-�r�
��e�.�. e�. - ��Qr� �-�, �o � �co�,Qi �ie # d.9 �3�
Green Sheet # 111616
RESOLUT[ON
CITY OF SA1NT PAUL, M1NI�IESOTA
�� E
Zf
Committee: Date
1$E IT RESOLVED, that, upoa the peuuon of Ronaid A. Christenson, as documented in Real Estate
2 Division File Number 17-2001, gublic properties hereinafter described are hereby vacated and
3 discontinued as public progerty: and, subject to the herein stated exceptions> the easements within those
4 public properties are hereby released.
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The property to be vacated is described as follows:
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Wheeler Street from the Southeasterly line of west Seventh Street, as widened by an order of the
Common Council of the City of Saint Paul on December 4`", 1889, to the north line of Norfolk
Avenue;
Munstez Avenue from the Southeasterly Iine of west Seventh Street, as widened by an order of
the Common Councii of the Ciry of Saint Paul on December 4"`, 1889, to the west Iine oi Davern
Street; and
Graham Avenue from the Southeasterly line of west Seventh Sueet, as widened by an order of
the Common CouncIl of the City of Saint Paul on December 4�';1889, to the wesrline of Davern
Sireet.
This vacauon shali be subject to the terms and condition of Chapter 130> codified Mazch I 1981, of the
Saint Paul I,egislative Code as amended, and io the following conditions:
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That the petitioner's, their successors and assigns shall pay $500.00 as an administrative fee for
this vacation which is due and payabie within b0 days of the effective date of this resoluuon.
That the petitioners shall replat the development area.
That the vacation resolution shail not be filed in the Department of Revenue and Records for
Ramsey Counry, Minnesota, nor shall any public propenies described herein be vacated, nor shall
any utility easements on, under, over or across any properties described herein be released, prior
to the approval by the proper City o�cials and o�cials of the Saznt Paul Regional Water
Services of the fmal plat of the subject property, which shall dedicate new rights-of-way and
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Green Sheet # 1116i6
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utility easements replacing tfiose ri�ts-of-way hereby vacated and any subsequeut utility
easements wkiich may be released.
T`hat the vacation resoIution shall be held for recording until the fmal plat is ready for filin� in
the said Department of Revenue and Records_
Tfiat, on behalf of the Depaztment of Public Works of the City of Saint Paul, said vacatiou shall
be suhject to the following requiremants:
a. That full-width utiliry easements shall be retained on, over, under, and across, all of the
vacated right-of-way to protect the interests of the City of Saint Paul Public Works Sewer
Utility. Said easements shall be retained until the atilities are properly abandoned and/or
relocated to the satisfactioa oPthe Department of Public Works and/or, until new
easements or rigflt-of-way aze properly shown on the new plat and ready for filing.
b. That said easements in the right-of-way to be vacated, and in the right-of-way to be
dedicated in the new plat, shall reserve the right of the utility to maintain and opexate any
sewer facility in or upon said easement and to enter upon said easement, or any portion
thereof, at any time and from ume to time, for the purposes of future construction,
reconsuuction, inspection, maintenance or repair of the same, or any part thereof; and
sha21 be subject to the followin; conditions:
i. No buildings, structures> trees or any temporary suucture, material storage,
fixture, or any other objects which may prohibit normal access to sewer faciliues
foz maintenance purposes will be pernutted within the easement azea.
� ii. 'Improvements in or upon the above described easement that do not prohiBit the
utility from exercising its reserved rights may be allowed by obtaining written
permission from the City of Saint Paul Public Works Sewer Utility vrith the
understanding that the restorauon and costs of such improvements shall be the
sole responsibility of the peritioner, its successors and assigns in the event the
uulity exercises its reserved easement rights.
iu. Should 'zt be necessary that the petitioner's works or improvements be removed or
damaged as a result of Saint Paul Public Works Sewer Utility operations, all
removal, replacement or modification costs shali be bome solely by the petitianer.
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No change from the eusting grade within the easement area shall be permitted
without written permissiou from the Saint Paul Public Works Sewer Utility.
No change in surfacing within tlre easement area sha11 be permittecl without
written permission from Saint Paul Public Works Sewer iJtiIity.
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CounciI Fite # �a_eZ.�.3
Green Sheet � 111616
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vi. 'F'he petitioner iu successors and assi�s shall fully indemnify defend, and save
harmless the Saint Paul Public Works Sewer Utility, its officers, a.Lents,
emgloyzes, and servants from all suits, actions or claims which shall arise from
any injuries or damages received or sustained by any break in any sewer pipe or
connection in said reserved easement, arising out of or resulting from any action
or negligence of the petitioner, iu emplayees, aaenu, or business invitees.
c. That if redevelopment of the pro}ect area begins prior to all dwe}lings being vacated by
their previous owners and redevelopment operations necessitates disrupuon to any of the
vacated streets andlor utiiities, the petitioner sha11 be responsible to provide and maintain
safe access and uti2ities until such properties aze legally vacated and the entire site is
secured by the petitioner.
d. That the petitioners shall dedicate an additional l4 feet along the north side of Norfolk
Avenue for the widening of said street and shall be responsible for ali costs associated
with the reconstruction of said Norfolk Street abutting their develogment.
e. That ihe petiuoners shall dedicate an additional 7 feet along the west side of Davern
Sueet for the widening of said street and shall be responsible for ali costs associated with
the reconstruction of said Davern Sueei.
f. That the petitioner shall be responsible for the reconstruction of all streets afld removal
and/or relocation of ntilities within their redevelopment area, to the sarisfaction of the
City of Saint Paul, Depar�ment of Public Works. Said reconstruction shall include, but
not be limited to sanitary sewer connections, storm lines, catch basins, pavement, curbs,
gutters, street lighting, street signs and sidewalk, under an ordinance pernut issued by the
Depariment of Public Works Street Engineering.
That, on behalf of the Board of Water Commissioners of the City of Saint Paul, said vacation
shall be subject to the following requirements:
a. That full-width utility easements shall be retained on, over, under, and across, all of the
vacated right-of-way to protect the interests of the Boazd of Water Commissioners of the
City of Saint Paul. Said easements shall he retained untii the water facilities aze properly
abandoned andlor relocated ta ihe satisfaction of Saint Paul Regional Water Services
andlor, until new easements or right-of-way are properly shown on the new plat and ready
for filing-
b. That said easements in the right-of-way to be vacated, and in the right-of-way to be
dedicated in the new plat, shall reserve the right of the utiliry to maintain and aperate any
sewer facility in 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 construction,
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reconstntction, inspection, maintenance or repau' of the same, or any part thereof; and
shall be subject to tke following conctitions:
Green Sheet# 111616
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1Vo change from the existing grade withia the easement azea 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 Saint Paul Regional Water Services.
vi. The petitioner, its successors and assigns shall fuily indemnify, defend, and save
harmless the Boazd of Water Commissioners of the City of Saint Panl, its officers,
agents> employees, and servants from all suits, actions or clauns which shali 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
resniting from any action or negligence of the petiuoner, irs employees, agents, or
businessinvitees.
c. That the petirioner shall be responsible for all cosu associated with the installation,
reconstruction> abandonment, cut off or relocation of water facilities within its
redevelopment area, includiag but not limited to those in Davern and Wheeler Streets,
and Norfolk, Graham, and Munster Avenues, according to plans approved by Saint Paul
RegionaF VJater 5ervices. Said water facility work shall include, but shall not be limited
to, mains, hydrants, water service connection and ail appurtenances affixed thereto.
That a permanent utility easement shall be retained to protect the interest and rights of Northern
States Power Company, @-b.a Xcel Energy, for e�sting electrical facilities curcently Iocated
upon, over or under the property which is the subject of this vacafion proceeding> until all such
facilities are removed from said locafion and new easements are dedicated; thaT developer and
i. No buildings, structuzes, trees or any temporary structure, materiaI storage,
fixture, or any other objects which may prohibit normal access to water facilities
for maintenance piuposes will be permitted within the easement azea_
councii F7�Ie # ea •a��3
ri_ Improvements in or upon the above described easement that do not prohibit the
ntility from exercising its reserved ri�hts may be allowed by obtaining written
pemussion from the Saint Paul Reb onal Water Services with the understanding
that the restoration and costs of such improvemenss shall be the sole responsibility
of the petitioner, its successors and assigns in the event the utility exercises its
reserved easement rights.
iu. Should it be necessary that the petitioner's works or improvements be removed or
damaged as a resuIt of SaintPaul Regional Water Services operations, all
removal, replacement or modificatian costs shall be borne solely by the peuuoner.
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Green Sheet # 111616
Xcel system designer shall canfer and cooperate on the removal and zziocation of facilities; that
the petirioner shall be responsible for all costs associated �vith the instaitation, reconstruction,
abandonment, cut off or relocation of facilities within its redevelopment area
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"Fhat a permanent utility easement shali be retained within the vacated area to giotect the interest
of Xcel Energy Gas and its ability to service existing customers w7thin this azea until new
easements aze dedicated; that when and if these customers are evacuated, Xcel Energy Gas shaIl
release its utility rights in the azea; that when construction would be underway for this
development, Xcel Energy Gas would install gas pipeline to service the future customers of the
development; that the petitioner shall be responsibie for all costs associated with the installation,
reconstrucuon, abandonment, cut off or relocauon of water facilities within its redevelopment
area.
That a permanerat utility easement shall be retained on Whezler Streat, as described above, to
protect the iaterest of Qwest Communications, Inc. until new easements are dedicated; that the
peuuoner shall be responsible for all costs associated with the installauon, reconstrucUOn,
abandonment> cut off or relocation of water facilities within its redevelopment area.
10. That a permanent utility easement shall be retained within the vacated azea to protect the interest
of A. T. & T. Broadband, Inc. uutil new easements are dedicated; that the petitioner shall be
responsible for all costs associated with the instatlation, reconstzuction, abandonment, cut off or
relocarion of water facilities within its redevelopment area
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That the petztioner, its successors and assigns shall fuIly indemnify, defend and save harmless the
Ciry of Saint Paul, its officers, and empioyees 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 petitioners' use of this property, including but not limited
to, a claim brought because of any act of omission, neglect, or misconduct of said petiuoners or
because of any claims or liabiIity arising from any violation of any law or re;ulation made in
accordance with the law, whether by the petitioner or any of its agents or employees.
32 12. That the peritioner, its successors and assigns shall, within 60 days of the effective date of this
33 resolution, file wirh the City Clerk an acceptance in writing of the conditions of this resolution
34 and shall, within the periad(s} specified in the terms and conditions of this resolution, compiy in
35 a11 respects with these terms and condiflons.
13. This vacation will not ocenr until such time as a developmeat agreement is
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Green Sheet # 111616
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V i � 4 1� � i p , t
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Adapted by Council: Date �_ ti. aa ��,aa�
Adoption Certified by Council Secretary
BY: ��� a � _.S�_ �.,
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Regnested by Department of:
Technoloev & Mana�ement Services
B �.,�� ��'���
n D
Form Approved by City Attomey j'�"`"�
By:
Approy�y Mayor for Sub�s� to ncil /
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G\SHARIDU2EAL WPdataIVACATEBn:ce�17.2001.cesolution.wpd