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05-47City of Saint Paul City Council Research Center 310 City Hall Saint Paul, MN 55102 266-8565 INTER-DEPARTMENTAL MEMORANDUM DATE: March�;� 2005 � TO: Shari Moore, Acting City Clerk � 1 4 2Dp� FROM: Mary Erickson„� C� ��� ��� SUB7ECT: City Council Files - March 2, 2005 The following City Council Files which were adopted at the March 2, 2005 City Council meeting are submitted for your records: C.F. OS-47 - Withdrawn C.F. OS-122 C.F. OS-168 - OS-170 C.F. OS-172 - OS-179 C.F. OS-181 C.F.QS-183 Attachments - 15 Council Files G:1Shared�CC�CouncillCLERK.LTR Return copy to: (jao) Council File # �S � 7 Real Estate Division ���.��� ��� � �� 40 City Aall ��« Green Sheet # 3024780 RESOLUTION CITY OF SAINT PAUL, MINNESOTA � Presen y � �C-� „ � _ Referred To Committee: Date 1 2 3 4 5 6 7 8 WT3EREAS, on Se mber 24, 2003 Council approved CF#03-862, which vacated part of an alley in Block 21, Lane's Hig d Park; and WHEREAS, the petitioner, cy and Ann Tinnes, have not complied with all the contlitions set forth in CF# 03-862; so THEREFORE BE IT RESOLVE& that CF#03-862 is hereby rescinded. Requested by By: Approved by Mayor: Date By: Form proved by City ttorney � y�. 1����tdl��y___.� Appro e y Mayor for Sub ' s o to By: Adopted by Council: Date Adoption Certified by Council Secretary o s- �t� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � Pw - Public Wo�ks CoMact Person & Phone: Juan Ortiz 266-8864 Must Be on Council Aaen Total # of Signature 29-DEC-04 y Assign Number For Routing Order Green Sheet NO: 3024780. 0 �ubl'c Works , V �' '/ ✓ 1 Itea1 Pstatc l4U CH J 1 rtc�rnev Cite Attomev 2 bGc W rlcs �e4s� ir3 ot 3 or'S od at 4 o i1 i ou il 5 i erk Ci C erk 6 bli Wo R 1 I-00 (Clip NI locations tor Signature) Action Requested: Rescind C.F.# 03-862 (Vacating a portion of alley in Block 21, Lane's Aighland Park) DEG 2 9 20�4 � ^ - �; . or Contracts Must Answer ihe Planning Commission t. Has this personffirm everworked under a contract for this department? CIB Committee Yes No Civif Service Commission 2. Has tfiis person/firtn ever been a ciry employee? Yes No 3. Does this persoNfian possess a skill not normally possessed by any wrrent city emptoyee? Yes No Explain al! yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity(Who, What, When, Where, Why): The pe[itioner has not complied with all the conditions se[ forth in said vacation resolution. The petitioner knows about the non- compliance. AdvantapeslfAparoved: The petition to vacate can be properly closed out. Disadvantapes If Approved: The alley vacation will not take effecG Disativantages If Not Approved: The file will remain apen and compliance with the terms wi11 be outstanding. Transaction: Fundinp Source: Financial Intormatfon: (Exptain) CosURevenue Budgeted: Activity Number: �' �Prt"-r�..7 �^ ^,'„'^A ��s� � � ��v� DS- �7 Departmeut of Technology and Management Services Real Estate Division 140 City Hall Saint Paul, MN 55102 CiTY OF SAINT PAUL Randy Kedly, Mayor 3anuary 9, 2004 Darcy and Ann Tinnes 1731 Saunders Avenue 5aint Paul, Minnesota 55116 5ubject: Dear Mr. And Mrs. Tinnes: Phone: (651) 266-885( Fctt: (651) 266-885_ Vacation File �8-2003 On November 17, 2003, I mailed you a copy of Council FileNumber 03-862, which was adopted by the City Council on September 24, 2003 as well as an acceptance of the terms of the resolution, to be signed and returned to me along with the $600 administrative fee within 60 days of the passage of the resolution. I have not yet received either your acceptauce of the terms or the administrative fee, without which the v matter, so I Sincerely, Real Estate Division (0803compliancel) not be completed. I will appreclate your immediate attenhon to this es �ry steps to complete the vacation. AA-ADA-EEO Employer os- �� Saint Paul, Nlinnesota January 8, 2004 To the Honorable, the City Council Saint Paul, Minnesota Dear Council Members: IiWe, the undersigned petitioner(s), hereby accept and agree to comply with the terms and conditions of Council File No.03-862, adopted by the City Council on September 24, 2003, and approved by the Mayor on October 1, 2003. Date Date Date AA-ADA-EEO Employer DS- �f 7 Retum co�y to: (e.c.) Real Estate Division 140 City HaII RESOLUTiON C1TY OF SAINl' PAUL, MlN1�tES0'FA Preseated By Referred Ta coun�il F�_�8� Green Sheef # �`f" � Committee: Date 1 BE I'T RESOLVED, that, upou the petition of Darcp and Ann Tirmes, as documented in Real Estate 2 Division File Number 0$-2003, public pzoperties hereinafter described are hereby vacated and 3 discontinued as pubIic property: 4 � 5 The property to be vacated is described as follows: that part of the alkey in Block 21, Lane's Highland Park fying westerly of the northerly extension of a line 33 feet easterly of and pazallel to the east Iine of Lot 24, said Block 2 i 9 10 il 12 13 14 15 16 17 18 19 20 2l 22 BE IT FI7T2TE3EIt RESOLVED, that, subject to the herein stated exceptions and with the accompanying Utiiity Basement Certificates of Intended Non-Use, filed voluntarily on behalf of Qwest Corporation, Northern States Power Company. d.b.a. Xce1 Bnergy, District Energy 5t. Paul, Incorporated, MCI, Tnc., Comcast of Saint Pau1, Tnc., Saint Paul Itegional �T✓ater Services, and the Department of Public Warks, made a part hereof by this reference and filed in the o�ce of the City CIerk of Saint Paui, the City, for itself and on behalf of these corporations and deparimenu, rvaives the right to ihe utility easements in that part of the vacated area described below: that pari of the south haif of the aliey in Block 21, Lane's Highland Pazk lying wester]y of the northetly extension of a line 14 feet easterly of and parallel to the east line of Lot 23, said Block 21 and easterly of the northerly extension of a izne 11 feet westerly of and paza11e1 to the said east iine of the Lot 23. 23 This vacation shall be subject to the tezms and oondition of Chapter 130, codified Mazch 1, 1981, of the 24 Saint Paul L,egislative Code as amended, and to the foltowing conditions: 25 26 27 28 29 30 3i 32 33 1_ Ttiat tke petifionet's, their successors and assigns shall pay $600 as an administrative fee for tkris vacatiott which is due and payable within 60 days of the effective date of this resolution. 2. That any impravement in the vacated property shail not interfere z*rith, or prevent access, for the purpose of maintenance, repair, upgrade or replacement, to the existing utility faciliries, ShouId any improvement in any way interfere with or prevent access to the said facilifies, the peiationers or their successors shall provide new easements as may be required, and shall asswne all costs of relocating faciliries to the new easemenu. DS �F? 1 3. Tha1 tI1e petitioners, their successors and assigns agree to indemnify, defend and save harmiess 2 the City of Saint Paul, its offtcets aad employees from all suits, actions or c2aims of any character 3 broug�t as a result of injvries or damages received or snstained by any person, persons or 4 property on account of fhis vacation or petitionezs' use of this properry, including but not limited 5 to, a claim brought because of any act of omission, neglect, or misconduct of said petifioners or 6 becaase of any claims or liabiiity arising from any violation o£ any law or regulation made in 7 accordance wifh the law, whether by the petitioners or any of tlieir agents or employees. 9 4. That the petitioners, their successors and assigns shall, witlun 60 days of the effective date of this 10 resolution, fiie with the City Clerk an acceptance in writing of the conditions of tbis resolution 11 and shall, within the period speeified in the terms and conditiovs of this resolution, comply in ali 12 sespects with these terms and conditions.