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03-929Return copy to: Real Estate Division 140 City Hall Presented By Referred To (e.c.) Council File # �3 ' / z / Green Sheet # �U � � �o � RESOLUTION CITY OF SAINT PAUL, MINNESOTA G ' /(o Committee: Date WHEREAS, on Mazch 20, 2002, the Council approved CF# 02-233, thereby vacating parts of Wheeler Street and Munster and Graham Avenues; and WHEREAS, on September 3, 2003, the Council approved CF# 03-811, thereby amending the legal description of the area vacated by the said CF# 02-233; and WHEREAS, the plan to develop the azea, for which the sireet and avenues were vacated has been changed again; THEREFORE BE IT RESOLVED, that the said CF# 02-233, as amended by CF# 03-811, shall be further amended as follows: The legal descriptions contained in Line 14, Page 1 through L'me 8, Page 2 of the said CF# 03-811 shall be deleted, and the following descriptions shall be inserted: That part of Munster Avenue lying southeasterly of the Southeast line of West Seventh Street, as widened by an order of the Common Council of the City of Saint Paul on December 4, 1889, westerly of the west line of Davern Street and southerly of a line 3.00 feet northerly of and pazallel to the south line of said Munster Avenue, excepting therefrom that part lying northwesterly of the hereinafter described Line A; and South 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, excepting therefrom Yhat part lying northwesterly of the hereinafter described Line A; and Graham Avenue 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 west line of Davern Street, excepting therefrom that part lying northwesterly of the hereinafter described Line A 03- 929 L�e a Commencing at the Southwest comer of the Northeast Quarter of Section 21, Township 28 North, Range 23 West, Ramsey County, Minnesota; thence North 89 degrees 31 minutes 22 seconds East, assumed bearing, along the south line of said Northeast Quarter a distance of 204.15 feet thence North 28 degrees 36 minutes 22 seconds East, 37.76 feet; thence South 89 degrees 31 minutes 22 seconds West, 215.43 feet to the point of beginning of Line A to be described; thence North 42 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 O1 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. BE IT FURTHER RESOLVED, that, except as hereby amended, all terms and conditions of the said CF# 02-233, as earlier amended by the said CF# 03-81 l, shall remain in full force and effect. Adopted by Adoption C� By: � Approved By: Date //� /S—d� Requested by Department o£ Technoloev & Manaeement Services By: ��'�st�T[��"� �� ���/l/15irector Form Approved by City Attorney By: ��.��,�-� I�� � 7� T � I � Green Sheet Green 03 - 929 Sheet Green Sheet Green Sheet Green Sheet Green Sheet � DepartrnenUofficelwuncil: I Date Initiated: i -rE -T��„o�o��,dM�,�em�se�, ; Z�EP-03 �, Green Sheet NO: 204168 CoMact Person 8 Phone: Peter White 6-8850 Must Be on Council Agenda by (Date): y Assign Number For Routing Order � DeoartrneM SentToPerson Initial/Date 0 Technoloev aud Manaeement S' I 1 'Citv Attornev � Meehan Rilev C /0 2 Technolo2v and Manaeement S! Deoartmeot DireMOr �I �O 3 3 i�Ylavor's Office I MavodAssistant 4 ouncil � I 5 �Citv Clerk I Citv Clerk � Total # of Signature Pages _(Clip All Locations for Signature) Adion Requested: To aznend CF# 02-233 as eazlier amended by CF# 03-811 to again change the legal descriprion of that part of Munster Avenue to be vacated. Recommendations: Approve (A) or Reject (R): Personal Service CoMracts Must Answer the Following Questions: Planning Commission CIB Committee Civil Service Commission 1. Has this personlfirm ever worketl under a contract for this department? Yes No 2. Has this personlfirm ever been a city employee? Yes No � 3. Does this perso�rm 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 Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Public Works wants to retain much of the right-of-way in Munster Avenue in order to be able to negotiate with the developer of the land north of Munster for dedication of right-of-way to widen Davern Street. Advantaqes If Approved: The City will have the ability to make the widening of Davem a condition of vacating the rest of Munster Avenue. DisadvantaqeslfApproved: None SE� � r� 2L�3 Disadvantages If Not Approved: The City would lose iu bazgaining advantage. ToWI AmouM of O Trensaction: Fundinp Source: Financial Information: (Explain) CosNRevenue Budgeted: Activity Number: Q �''ggB?ti,d? �RR"p,r.,,r, t, ! - %�'�j� Carlson - CityCler.tif Page 1 ! o3-9zg xetnra copy to: (ac.) Real Estate Division I44 City $aD co��� �e a 03 - �61 f Green Sheet # ��(y2. RESOLUTION CITY OF SAIIIT PAUL, MITINESOTA Zy rr�n�a B �� Re£eaed To Committee: Dafe i WHEREAS, on March 20, 2002, t3ie Cowicil approved CF# 02-233, thereby vacating parts of Wheeler Sheet z and Munster and Cnaham Avenues; and 3 a Vl'HEREAS, The plan to deveIop the azea, for wlilch the s[reet and avenues were vacated has been �hanaed; s not all of the vacated area svill be required; � THEREFORE BE IT IiESOLVED, that the said CF# 02-233 shall be amended as follows: s lines 6 through 18 on page 1 of the said CF# 02-233 shall be deleted and the following descriptions io shall be inserted: iz The property to be vacated is described as follows: 73 ia Munster Avenue from the Southeasterly line of West Seventh Street, as widened by an order of the ts Common Council of the City of Saitn Paul on December 4, 1889, to the west line of Davem Strcet, ib excepting therefrom that pazt lying northwesterIy of the hereinafter described Line A; and n ia South 4Vheeler Street fi'om Yhe Souiheasterly line of West Seventh Street, as widened by an order of �v the Common CouncIl of the City of Saint Paul on December 4'", 1889, to the north line of NorFolk xo Avenue, exceptiag therefrom that part lying nortfiwesterly of the hereinatter described Line A; and u zz Graham Avenue from the Southeasterly ]ine of West Seventh Street, as widened by an order of the aa Common Council of the City of Saint Paul on December 4 1889, to the west line of Davem Street, za excepting thaefrom ttiat part lying nortbwesterly of the hereinafter described Line A u zc I.ine A z� za CommenMng at the Southwest corner of the Northeast Quarter of Section 21, Townslup 28 North, z� Range 23 West, Ramsey County, Minnesota; thence North 89 degees 31 minutes 22 seconds Fast, ao assumed bearing, along the south Iine of said Northeast Quarter a distaztce of 204.15 feet; thence ai North 28 deg�es 36 minutes 22 seconds East, 37.76 feet; thence South 89 degrees 31 minutes 22 sz seconds West, 2I5.43 feet to the point of begir,nin° of Line A to be described; thence North 42 �a,rl C ?rlson - CityCler.tif Page 2 I b3-929 os - �r( t degrees 37 minutes OS seconds East 241.Oi feet; t3�ence Nortfi 50 degrees 39 minutes 18 seconds East, z 296.66 fee� t$eace North 63 degees 30 m;,,,�� 59 seconds Ezst 75_70 feet; thence North 47 degees s 22 mimrtes 22 seconds Fast, 104.42 fee� thence North 0 degree 09 minutes 55 seconds West, 3.76 a fee� thence North 50 degrees 04 minutes OI seconds East, 52.04 fee� thence South 0 degees 09 s mimrtes 55 seco�s East, f.93 feet; thence North 49 degrees 48 minut�s 42 seconds Fast, 84. 35 fee� 6 thence Norfh 52 degees 39 miautes 39 seconds Eas� 102.95 feet m the aortherly endpomt of the west � line of Block 9, Homecrott an Addition to tfie City of St Paut, said Ramsey County, and there s temtinating. 9 io BE IT AI,SO RFSOLVED, thaz except as hereby amended, all terms and conditions of the said CF# 02-233 shall remain in fiill force and effeet Requested by Department of: Technolow 8c Manaeement Services � .� i � I.a: �/yit/1 �... �� � ' � , ,1 � - � � �u'r�• •�' Adopted by Council: Date � Adoption Ce ' by Council B .� Approved yor. Dat� _ By: �-s for Suhavssion to ' .Earl Carlson - CityClectif Page 4 : o3�9z9 , #. Refarn copp to: B3E gealEsfateDividon 14i1 � HaIl ,��„�,; ;, F_ _l: s .F q i LJ . j � ; ? :._ _ .� _� 4 5 6 7 8 4 10 il I2 13 14 IS 16 17 18 19 20 21 22 23 ?A 25 26 27 28 29 30 31 32 Referred To @�5�et�.�� �'lav� �; �a3� #' �so�uzEar� CITY OF SAINT PRUL 14lJ!ldNESOTA ���� �� (�ore�rnitt�an• Date gE Tf gESOLVED that, upan the pexition of Ronald A Chris[enson, as documented in Real Esrate DivisionFile Numbu 27-Z001, public properties hereinafter desccibed are hereby vacated and discontiaued as public pmperry: and, snbject to the herein stated exceprions, the easemenu wiihin those public properties aze hereby released_ The pcopertp to be vacated is described as follows: Wheeler Street 5rom the Southeasterly line of west S°venth Sueet, as widened by an order of the Common Council of the City of Saint Paul on December 4 to the north line of Norfolk Aventte; Munster Avenue from ihe Southeastefly line of west Seventh S�reet as widened by an ordei af the Common Counc�l of the Ciry of Saint Paui on December 4 i 889, to the west line of Davem Siteet; and Giaham Avanve fram the Southeasterly line of wesi Seventh Street, as widened by an order of the Common Council of the City of SaintPaul on December 4 i8S9, to tlie wesCline of Davem S�eet This vacafion shall be subject ta ihe terms and condition of Chaptez 130, codified Mazch 2,1381, of the gyjpS paul I,egislatice Code as amended, and to the follow'sng conditions: 1. 2_ That the petitioner's, the'u snccesso=s and assigns s1zaII Pay $500.00 as an aflminis4ative fee for tfiis vacation which is dne and payahie within 60 days of the effective date of tfils resolution. That the petitioners sha7l replat the development azea. 3_ Thatthe varation resoIution shall not be filed in the Deparanent of Revenue and Records for Ramsey County Minnesosa, nor sfia11 any public pmperties descrii�ed hereiabe vacated, nor shall any nt�iry easements on, under, over or across any properties desccibed herein be released, prior ta the approvat by tha proper City of5cials and o$"icials of the SaintPaul Regional Water Services of the final ptat of the subjece groperty, wlrich shall dedicat� new rightsof-way and o3-8r! �o�,�,z �e � Da a� t'xzeen SheeY � 121626 ' Earl Carlson - CityClectif Page 5; 03 - 92-9 i b3- $11 Co�c�FSle� °a_� Page 2 GreenSheet� IlY6i6 t 2 3 4 4. � 6 7 5_ & 4 10 il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 L=t1�.q eyse�euts rPplaaua thase ri�-of-way hereby vacated and any subss�uent nhZity PAC; e�lswltichmaybe:eleased. "�+�r iLe vacarionFesoiarion snaIl be held for rewrding nnriI ihe fina p"a? is rezdy for filing in the said Deparrmemt of Revenne and Recoads- T4at, on bebalf of The Depaz�menT of Pub&c Wo�s of the C of SaintPaul, said vacation shall be subject w tlse followinn iequuements: a That fiill-v+idih utility easements shall be retaazned on, over, under, and across, aI1 of che vacated right-of-way io protect the interests of the City of Saint Paul Public Works Sewer Utility. Said easements shall be setainad until the utilities are properly abandoned and/or relocated to the sat'vcfacfion of the Depazrment of Publlc Works andlor, until new easements or rig3nof-way aze properly shown oa the new p3at and ready for filing b. That said easements in tLe right-of-way to be v�acated, and in the right-of-way to be dedicated in the �w plat, shall zeserve the righz of the utility to maintain and opesate any sewer facility in or upon said easemeni and to enter upon said easement, or any portion thereof, at anp time and from time to time, forthe purpases of futnre consauction, reconsnuction, inspecrion, maintenanee or repair of the same, or any part ther�f; and shatl be subject to the following conditions: No buildings, structumc, trees or any [emgocary sEnicture, material stonge, fixture, or any oYher o�}ects which may prohibit normal access to sewer faciliries for ma;nrP�ance purposes wi17 he permitted within the easement azea •• ri. �� 'Impm'vements in orupoa the above descxibed easement thaz do not prohibit the utiliryfrom exercising iis reserved rights may be allowed by obtainiug wiiven pernussion from the City of Saint Paul Public Works Sewer Utility with the understanding that the restoration and costs oP such improvements shall be the sole responsibiliry of ti�e peritioner, its suceessors and assigns ia the event t�e utility exe�ises its ieserved easement rightc iii. Should it be necessary ihat the petitioner's works or improvements be removed or damaged as a msult of Saint Pav2 PubHc Worlcs Sewu Utility aperations, a71 removal, reglacement ormodification costs shall be bome solely by the petitioner. iv. v_ No change from the existing grade withia the easement area shall be pecmitied withaut written permission from the Saint Paul Public Works Sewer Utrlitp. Na change in surfacing within the easement azea shaIl be permitte8 without wrictEn peimission fiam Saint Paul Pub&c Works Sewer UriFity. ', Earl Carison - CityCler.tif Page 6 i, D3- 9�9 03- 8lt Page 3 Co�ciI �ile-.; �a_vZ.�3 Greea Sheet ° 1Y16iS 3 4 5 6 7 8 9 ia 11 I2 23 14 i5 26 17 18 19 20 21 22 23 24 2S 26 ' 27 28 24 6. 30 31 32 33 34 35 36 3? 38 34 40 41 42 vi 'Fhe pentioner, its snccessoFS and assigns shaIl fully indemnify, d°.fend, and save 1�Iess the SaintPant PabHC Wflxks Sewertivlit9, iu o�ice�, a�°egts, employees, and servants from alI suits, actions or cltims wluch shall arise from anyinjuxies or damages received or sustained by any bseak ia any sewe* Pipe or connection in said re�FVed e�emeat, aFising out of orresulring from any action ornealigence of the petitioner, iu emplayees, aaents, or business 3nvitees. c. Thaz if redevelopment of the project axea be�ns pnor to all dwPS being vacated by their previous owaers and redevelopmeni operations necess?tates disruprion to any of the vacated streetc and/or uvlities, ihe petitioner shall be responsible w provide and maintain safe accrss and uhlities unt�7 such properties are legally vacated and the entire site is seciued by the petirioner. d. Thattha petitioners shall dedicate an additionat 14 feet along ffie north side o# Norfolk Avenue for ffie widening of said sueet and shall be responsible for aFI coscs associated with the reconsimction ofsai@ NorfoIIc Street abauiag their developmeat e. T'hat the petirioners shall dedicate an addivonal7 feet along fhe wes[ side of Davera Saeet for the widening of said sueet and sfiall be msponsible for all casts associated with the reconstruction of saifl Davem Sueet f. 'L4iat the petirioner shall be zesponsible for ihe reconstruction of all streets and removai and/or relocation of ut'slities within iheir redevelopment area, w the satisfaction of the Ciry of SaintPaul, Depazmient of Pubfic Works. Said reconstrucfion shall inclnde, but not be limited to sanitary sewer connections, storm lines, catcfl basins, pavemenr, cucbs, gutters, street lighting, stzeet siws zad slilewalk, under an ordinance pemut issued by ihe Depamnent of Public Works Street Engineering. That, on behaif of the Board of Water Commissioners of tfie Ciry of Saint Paul, said vacafion shall be subjec� to the follovring reqnirewenLS: a That full-width utility easemeats shall be cetaiaed on, over, undes, and across, all of the vacated right-of-way to grotect the interests of the Board of Water Commissioners of the City of Saint PanL Said easements shall be retained unv2 the water facilities aze properly abandoned andlor ielocated to ihe safisfaction of Saint Paul Regional Water Services and/or, imtil new easements or right-of-way aze properly shovm on the new plat and ready for fiIin� b. Tfsat said easements in the rig�Y-of-way to be vacated, and in the right-of-way to be dedicated in ihe new plat, sha11 i�eserve the right of the utiliry to maintain and aperate any �wer facility in ornpon said easement and [o enter upon said easement, or any portian ihereof, az any time and from time to rime, for ihe purposes of fiitiue co�suuccion, Earl Carlson - o3-9z� 03-811 Page 4 Counci1�51e� ea_e�.�� GreenSheet� 12116 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 � 35 3fi 37 38 39 40 41 42 43 reconsRUCSon, inspec'uon, ;rr� or zepair of ffie same, or anypzc[ theieof, and shall be sabject to flie faIlowing condirioris: i i�TO bw7dings, stractuies, �ees or any temgorary s[mcture, mereriat storze 5xmre, or any other ob,jects whicH may pmIu normal access fo water facilifies for maintenance PutPoses w�l be pemiitted within sha easement arez. ii Improvements in orupon the above desrn'bed easament 2hat do not pmlvbit the ntilityfrom eacercasing its reserved ri�ts may be ailowed by obtaining wdtten peimission from the Saint Paul Re�onal Water Services with the undersanding shat the restornrion and costs of such improvements shall be it4e sole responsibility of the petitioner, its successors and assigns in the event the utility e�rcises its reseived easement rights. 'vi ShouLQ itbe necessary that ihe petitioner's works or improvemenu be removed or 3amaged as a msuh of SaintPaul Regional Watu Services operadons, all removal, replacement or modificaxion costs shall lre bome solely by the petitioner. iv. v. No change from the er.isting g'ade within the easement area shall be permitted without written pe�mission fiam the Saint Paul 1Ze�i.onal Water Services. No change 3n sarfacing within the easement azea shall be permitted without written permission from Saint PauF Regional Water Ser�ices. vi. The petitioner, its successors and assigvs sball £ullp iudemnify, defend, and save harmiess the Boazd of Water Commissioners of the City of Saint Paul, Eu officers, agsnts, employees, and servants firom all suits, actions or claims which shall azise from any injuries or damages received or sustained by any break in any service gipe, water main, or connection in said reserved easement, arising out of or resvlting ftnm any ac[ion or negligence of the petitioner, its employees, agenu, or businessinvitees. c. That the petiponer sha31 be responn"ble for all cosis associated with the instatiation, recoustruction, abandoament, Lzct off or mlocation of water facilities within irs redevelopmeni area, iaclndingbut not limi�d to those in Davem and Wheeler Strezis, and Norfolk, Graham, and Munster Avenues, according to plans approved by SaintPaul Regional Water Services_ Said water facility work shall include, but shall not be limited to sains, bydrants, water service coanectioa and aIl appurcenances affixed thereto. 7. That a permanent utiliry easement shall be retained m protect the itue�est and rights of Nonhesn States Powe.r Company, d-ba Xcel Energy, for esssting efecnical facilifies cmxenfly Iocated upon, over orunderthe pmpertY wluch is ihe subjec[ of this varztion proceeding, nstil a12 such faciliEies sre removed from sai3locafion and new easements aze de3icated; that developer and ! Earl Carison - CityClectif Page 8 03 -9�9 03-5{I 4 5 6 7 8 9 10 11 12 13 24 15 36 17 18 19 2D 2I 22 23 24 25 26 27 28 24 30 31 32 33 34 35 Pages Commcil�ea Da-a.3.3 G�een Sheet � 111 I6 Xcr1 system flesignei sbaIl coufes and cooper 045I1e IEIIIOV212IIdFL10CdttDIl 9� FdCtZ1hPS; tI12£ thz peFirioner shall be xesponsible for all cos�s assa.iated with the instatlanon, reconstn:ction, a�andonmesr, cat off orreIacation of fac7ities with� its redevaFOpnent area 8_ That apumanent Lnlity easement shali be retainedwit§in thevacated azea w pzotect the in�eaest ofXcel Enezgy Gas and its abiiiip io service e�stina customers within this area unti7 new eysemenis are dedicated; that when and if these castomers are e�acuated, Xcel Energy Gas shalI xeleyse iu im'lity xights in ihe area; tLat wheu construcrion would be underwayfor this development, Xcel Energy Gas wovld install gas pipeline to service the futine customers of the development; that the petitioner sball be respons3ble for all cosu associared with tlie instaTlazion, reconstrucdon, abandonment, cat off or relocation of water fac�lities witflin its redevelopmeut azea. 9. That apemianent utility easeinent shall beietained on 4Jheeler Stzeet. as describ� above, to protect the iatemsc of Qwest Communicazions, Inc. unt�7 new easemenu are dedicated; [hat the petiuoner shall be responsible for all cosu associated with fl�e installation, reconstmction, abandonment, cut off or relocation of water faci7ities within iu redeveiopmeat area. 10. That a petmanent ntiIity easement shall be retained wiihin the vacated azea to protect the interest of A T. c& T. Bzoadband, Inc. until new easemenu are dedicate,d; tl�at the petitioner shall be responsibie for all costs associated with Yhe installation, reconsu abaudonment, cut off or relacarion of water faci2ifies within its redevelopment azea. 11. That the petitioner, its snccessors and assigzs shall futly indemnify, defend and save ham�less ttie Ciry of Saint Paul, its offieess, and employees from all sniu, actions or ckvms of any cl�aracter brought as a result of iujuries or damages received or sustained by any person, petsons or groperty oa account of rhis vacation or pefitioners' use of this propeity, includiag but aot Iimited to, a claim biought becavse of any acE of omission, negiect, or misconduct of sai@ pearionezs or because of any claims or liability arising from any violarion of any law or aauiation made in accordance with the law, whether by ihe peritioner or auy of its agenis or employees. 12. � Thatthe petitioner, its successocs and assig�s shall, within 60 days of ffie effective date of this reso2ution, fiIe with the Ciry Clerk an acceptance in writina of the coudirioos of this resofution ang shall, withia the periad(s} sp�ed in the �rms and conditions of this resoluaon, compiy in alI resPects with tbese terms and coaditions. 13 This gacation wiA not OCCUr un£il such time as a developmert agreesent is is , place �nd approved by alY coaeerned parties. C�rlson - CityCler.tif 03 - 92°J D 3 -�Il Page fi Counc�I+�le= Aa7-a33 GreenShcet� 111616 i 2 3 4 5 6 7 8 9 10 11 22 13 14 15 16 17 18 19 20 21 22 �i Regnested by Degartrnent of: ' . . . . : Technolo & Mana�ement Services By �,,ZLw ��j���6L/i � � . _ D'zrector Form Approved by City tYttomey !""`"" By: � for S�buliss�on to ,�{ �� � �..i �U�3ii;`, cz�r,we�uvrvacnzea.aen�.mov.�muobwpa � E Adapted by Council: Data '�'t�- L_ � ��aa� Adoption Certified byCovncil Secretarp