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03-987Return copy to: Real Estate Division 140 City Hall conn�il F�►e # �3 - � 7 Green Sheet # aQS O RESOLUTION CITY OF SAINT PAUL, MINNESOTA 29 Presented By Referred To Committee: Date i WHEREAS, on September 3, 2003, the Council approved CF# 03-817, thereby vacating City interest in the z following described pazcel: a those parts of Lots 4, 5 and 6 Greve's Rearrangement of Lots 6 and 7 and part of 5, 8, 9 and 10, Block 1 Brunson's a Addition more particulazly described as follows_ s commencing at the southeast corner of Lot 6 of said Greve's Rearrangement, being the point of beginning; thence 6 South 89 degrees 41 minutes 29 seconds West along the south line of said Lot 6 a distance of 93.26 feet; thence � northeasterly along a non-tangential curve concave to the southeast, chord bearing North I6 degrees 44 minutes a 00 seconds east chord distance 91.19 feet, radius 797.00 feet, delta angle 06 degrees 33 minutes 32 seconds for 9 an arc distance of 9124 feet; thence north 89 degrees 42 minutes 37 seconds East 57.63 feet to a point on the �o East line of said Lot 4, Greve's Rearrangement; thence South 00 degrees 39 minutes 11 seconds East along the i i east line of said Greve's Rearrangement a distance of 109.45 feet to the point of beginning; and iz WHEREAS, the above described vacation, at the request of the Housing and Redevelopment Authority of the is City of Saint Paul (HRA) to facilitate development of the parcel for housing purposes; and �a WHEREAS, the HRA will combine the said parcel with adjacent HRA owned properties and vacated streets is accruing thereto, and convey them to the developer to be replatted and developed; i6 THEREFORE BE IT RESOLVED, that the proper City officials are hereby authorized and directed to convey i� the above described parcel by quit claim deed to the Housing and Redevelopment Authority of the City of Saint is Paul. �9 Earl Carlson - CiNCler.tif 03 - 987 Ret¢rn copy [o: (e.c.) Reat Estate Division 140 City HaII RESOLUTfOtd CITY OF SAINT PAUL, MlNP1ESOTA 15 16 17 is 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 rr�ea�any Referred To Cmnmittee: Date 2 BE TT RESOLVED, t6at, upon the petition ofthe City of Saint Paui end the Honsing and Redevelopment 2 Authority of the City of Samt Paal, as documeated 'm Reai Estate Division File Numbers 04-2003 and 04A-2003, 3 public properEies Lereinafter described are Hereby vacated and discontinued as public property: 4 5 The pmperiy to be vacated is descnbed as follows: 6 7 Pazcel 1: that part of Hopldns Sveet lying euterly of Payne Avenue aod westerly of ihe west line of the 8 Ramsey County Regionat Railroad; 9 Yarcel2: that part of Petit S4eet tying eastedy of Payne Avenue and westerly of tLat part of Petit Street 10 vacated by Document No. 0660944; and 11 Parcel3: 12 13 Parcel4: 14 Connc� F1le # �3 � �? Green Sheet #e�'�S3 1 {3 that part of Kenny Road lying easterly of Payne Avensse and westerly oftLe west ]ine oFthe Ramsey Couuty Regiona] Railroad. those parts of J..ots 4, 5 and 6 Greve's Rearrmgement o£Lots 6 and 7 and part of 5, S, 9 and 10, $lock 1 Brunson's Addirion more particcilady described as foilows: commencing at the sotrtheast comet of Lot 6 of said Greve's Reazrangement, being the point of beginning; thence South 89 degrees 41 minutes 29 secoads West along the souih line of said I.ot 6 a distance of 93.26 feet; thence northeasterly along a non-tangenTial curve coacave to the southeast, chord bearing North 15 degces 44 minutes 00 seconds east chord dismnce 9119 feet, radius 797.00 feet, delta angle 06 degrees 33 minntes 32 seconds for an arc distance of 91.24 £eet; thence north 89 degraes A2 miriutes 37 seconds East 57.63 feet to a point on the East line of said Lot 4, Greve's Reairangement; thence Sovth 06 degees 39 mitmtes 11 seconds Fast along the east line of said Greve's Aeanangemeut a distance of 109.45 feet to the point of beginning. BE TT FURTHk;R RESOLVED, that, subject to tl�e herein stated exceptions and with the accompanying Utility Easement Ce�cates of Intended Non-Use, filed votuntazily on behalf of Qwest Cammunicafions, incospocated, Northem States Power Company, Distric[ Energy 5t Paul, Incorporated, MCI Worldcom, A.T. & T. Broadband, Saint Paul Regional Water Services, and 7Le Deparlment of Public Works, made a part heteof by this reference and $led in ihe office of the City Clerk of Saint Paul, the City, For itself and on behalf of tliese coiporrlions and deparlments, waives ihe right to the utitity easements in tite vacated area described alwve. This vacaTion shail be subject to the tarms and condilion of CLaptet 130, codified March 1, I981, of the Saint Panl 1,egislative Code as amended, and to the foiiowing conditions: 1. Thatthe petitioaets, theu successors and assigns shall pay $2,O�Q.00 as an adminishative fee for this vacation which is due a¢d payable within 60 days of the effective date of this resolution 2. That a peimane,nt ufility easement shall be retained within the wes[er3y ] 0 feet of that part of Petit Sv�eet tying easterly of Payne Avenue to protect the interest of Northem States Power Company, d.b.a. Xcel Energy. 1, Eari Carlson - CityCler tifi Page 1 i o3-9S7 D 3 -gt7 � 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2i 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 3. TLat tSe developer sLaII be respons�le for ali costs associated vmh the removaS ofthe e�stiag street lighting system and 4�c signs wi8iln tLe sheets he�eby vacated_ 4. T6aTthedevelopers}iallberespnnsible,tothesa5sfactioaoftheDeparmientofPnblicWorksSewer Engimeeriag Division, for the proper abandompent af the existing server in Keffiy Road and the relocation of the service to 520 Payne Aveaue. 5. That the developer shall be responsble for the reconshuction, as reqnirecI to elimmaTe the appearmmce of pub3ic thomugfifare, of the east side of Payne Avenue across Kenny Road, Hopkins and Petit S�eets, iacinding but not timited U� costs for new cnrbs, sidewalks, bonievazds and storm draias, atl to the �+;cfadion of the Depattment of Public Works. b. Tfiat ihe developer sLall p1aT or dedicate cew utility easemrnts as required io service tfie planned development, as well as any other properties cwseatly served by existing facilities wit}un We streets hereby vacated, 7. That the release of easements wiYhin the sneets hereby vacated shall not iake effect until new easemen� have been created. 8. That the developer shall assume all costs of relocating existing facilities to the new easements. 9. ThaL the developer shall not remove any 4ees from pazk or trail propetfy or from Regional Rail Property. 10. Tdat tlie developer sha(1 provide drainage from the area to be developed suf&cient to prevent �einage onTo park or trai] property. 11. That Ute petitioners, their successors and assigns agree to indemnify, defend and save liarmless the City of Saint Paul, its officers and employees &om all suits, actions or claims of any chamcter brougfit as a resuk of i�iaies or damages received or svstained by airy person, persons or property on account oFthis vacation or petitioners' use of this property, inctuding but not limited to, a claim brought because of aay act of omission, neglecy or misconduM of said petifioaers or because of any claiws or liability arising from any violation of auy law or regutation made in accordance withtlae law, wLethu by the peritioness or any offfieir agents or employees. 12. That the petirionecs, their successors and assigps shall, wit[�in 60 days of the effective date of this resolution, file wirh tfie City Clerk an acceptance in writing of the conditions of this resolution and shall, within the period(s) specified in the terms and conditions of this reso7ution, comply in all respects with these terms end conditions. Requested by DeparhnenE of- Tecl�noloev & Mana¢ement Services B�: � s-a�-�3 v � ;�,/Director Form Approved by City Attomey � Adoptedb��ouncil: Date Secxetary By: �L✓•i�4s++�— �-2(v? � � Mayor fror