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04-1029Return copy to: BJE Real Estate Division 140 City Hall Presented By Referred To �`��-� ���a.��o� RESOLUTION CITY OF SAINT PAUL, MINNESOTA Committee: Date 3� 1 WHEREAS, the property owner of 1302 Reaney Avenue is in need of driveway access to Johnson 2 Parkway over and across an azea of city-owned park land, as shown on the attached map (Exhibit "A"), 3 a copy of which is on f le in the Deparhnent of Public Works, Reat Estate Division, in the file number 4 2004-X-03; and 6 WHEREAS, the City of Saint Paul, Division of Parks and Recreation ("Parks") has given pernussion to 7 the owner of 1302 Reaney Avenue to construct and maintain driveway access over and across said city- 8 owned park land, as stated in the Saint Paul Parks and Recreation Commission's Resolution Numbered 9 04-19, adopted September 8, 2004, a copy of which is attached hereto; and 10 Johnson Parkway 11 WHEREAS, the property owner of 1302 Reaney Avenue must enter into an agreement with the City of 12 Saint Paul for the consriuction and continued use of access to , and pay just 13 compensation to Parks as determined by an independent appraisal pursuant to Section 13.01.1 ofthe 14 Saint Paul City Charter; now, therefore be it 15 16 RESOLVED, that the proper City officials are hereby authorized and directed to enter into an agreement 17 with the property owner of 1302 Reaney Avenue for access to Johnson Parkway; and be it fiirther 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 RESOLVED, that just compensation for said access be paid by the owner of 1302 Reaney Avenue and deposited into the Parkland Replacement Fund and held in reserve far future purchase of park property as required in Chapter 13.01.1 of the City Charter, and that any other costs incurred by the City of Saint Paul to complete any agreement, shall be fully compensated by the property owner; and be it finally RESOLVED, that said property owner agrees to indemnify, defend and save harmless the City of Saint Paul, its officers and employees from all suits, actions or claims of any chazacter brought as a resuit of injuries or damages received or sustained by any person, persons or property on account of property owner's use of these property rights, including but not limited to, a ciaim brought because of any act of omission, neglect, or misconduct of said property owner 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 property owner ar any of their agents or employees. Council File # lJ"1" bL Green Sheet # 3023722 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Council File # - ��Z- Green Sheet # 3023722 � Green Sheet Green Sheet PV1/ — Public Works . Contact Person & Phone: Bruce Engelbrekt 266-8854 . Must Be on Council Agenda . 27-OCT-04 � Green Sheet Green Sheet Green Sheet Green Sheet � Date initiatetl: � � _ � ` ,��T-� i Green Sheet NO: 3023722 � Assign Number For Routing Order Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: � -� Approve resolution to divert city pazk land abutting 1302 Reaney Avenue for a private driveway access across Johnson Pazkway, and authorize city officials to enter into an agreement with the property owner for construcrion and use of the driveway. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission the Following Questions: 1. Has this person/firm ever worked under a contract for this department? Yes No 2. Has this person/firm ever been a ciry employee? Yes No 3. Does this person/firm possess a skill not nortnally possessed by any curtent city employee? Yes No Explain all yes answers on separete sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): The property owner wtishes to conshuct a new garage and driveway that would open to Johnson Parkway. The existing grade difference between the property and abutting alley to the south is so significant there is no practical gazage access from the alley. The Parks and Recreation Commission and Parks staff recommend diversion of the parkway for driveway use. ; AdvantapeslfApproved: The property owner will have driveway access to his property. The City's Parkland Replacement Fund will receive compensarion for the diversion of city park land. DisadvanWAes If Approved: The pazkway will have a driveway across it that does not presently exist. DisadvanWqes If Not Approved: The property owner will not have usable driveway access to bis property. The City will not receive additional funds to help acquire pazk property in the future. "otal Amount of Transaction: Fundinq Source: Fi nancial 1 nformation: (Explain) ueoamnerrz senc�orerson mmauuate , 0 Public Works Bruce Eneelbrekt P� 1 Parks and Recreafion �� Deoartmeot Director i �L Ft o-(C`� 2 Ciri Attomev Judv Haoson � � 3 � IavoNs Oftice MavoNAssistaot i % 4 'Council . 5 'Ciri Clerk CiN Clerk � CosURevenue Budgeted: Activity Number: R ., t_ .. " :". .,.. `.... .. : ' �l�l d g LUU`�r ��AYOR'S O�r;vE I � I �� , ; i. ,,, i' � �' I �� i a � � L� REANEY � �� �, � � < 1 � �, �' ` , I I � I , I �� � � I �� I , _ ''� ''�, �� n s� �' , I il . ;� I —' I � I � ,, ,�//�/ �r2�'�'O I�e �Utr��l ; I � � '� ' �, �, ��, � � ��, I I I I �i l I 'I I � � �� -� i 1 1 I � fi � I I � ' I � I � I; + ��' I � I ;{�-�-1b2."l � � �-- � ;� � �� , Exhibit "A" _ _ _ �� — i '' �� �,� ; �,� ' <,� � <,� ' r _ ', _� � � — � i ; , , , I �, i I s iI J I I I � ' ; i � ' ! : � i ', � i i , �,, ' ', , �, ,� ' J I I ,, l �, �_� na� ! nm � n m� � �_c � � �. ..i I � I �....... , i i I I ' , —�: _ � i ��' --- � i -�� � i — i � � II I � � ' (1P1 � (tEq � i � i If�l I '� '� I� I � I� � � � � � � [ j �i j , i � II I I /—� � � i i � r � I � I T I ; I i ! "! I ! i I�zr� i ,, � RE�:E;U'E� , . �; ,�7� �� ��n�� =s�=:_� ;���,�;���. gaint pau�. PaCkS and n Commission 300 City Hall Annex, 25 W. 4th Sueet, Saint Paul, NP.V 55102 -(651)266-6400 RESOLUITON 04-19 WHEREAS, the Saint Paul Pazks and Recrearion Commission is an appointed body established to advise the Mayor and City Council on long-range and city-wide matters related to Parks and Recrearion;and WIiEREAS, Section 13.01.1 of the Cily Charter requires that the Commission review any diversion or disposal of park property and present a recommendarion to the City Council, and �{'/aZ� WIIEREAS, the City of Saint Paul, Division of Pazks and Recreation, owns a pazcel of property laiown as Johnson Parkway, located at the Corner of Reaney Avenue East, and WHEREAS, Dan Carlson owns adjacent land located at 1302 Reaney Avenue East, and WHEREAS, Dan Carlson has requested a permit to construct a single driveway across Johnson Parkway which would allow the construction of a new residenrial unit, and WHEREAS, No h will be disturbed and no walls will be conshucted on the Parkway, and WHEREAS, residential driveways are common along this area of the Parkway, and WHEREAS, the Division of Parks and Recreation has reviewed and supports the issuance of the proposed permit, therefore BE IT RESOLVED, that the Saint Paul Parks and Recreation Commission concurs with the proposed permit issuance on Johnson Pazkway and in accordance with City Charter Secrion 13.011 recommends approval by the Saint Paul City Council. Adopted by the Saint Paul Parks and Recreation Commission on September 8, 2004: Approved: Resolurion 04-19 Yeas 7 Nays 0 Absent: 2 Attested to by: Staff to the Recreation Commission g:\div\wp\pazkscommissionUesolutions�2004\0419j ohnsonpkwy cz�-ia�� Interdepartmental Memorandum CITY OF SA1NT PAUL �� ���i; ; ._ , �3�T �, � ���� To: All Council Members From: Bruce Engelbrekt Right of Way Supervisor 140 City Hall Date: Subject: October 15, 2004 d '�'�� TMS-Real Estate Division Vacation F�le No. 2004-X-03 I recommend that a public hearing befare the City Council be held on October 27, 2004. The purpose of this hearing is to consider a resolution to divert city park land abutting 1302 Reaney Avenue for a private driveway access across Johnson Parkway, and to authorize city officials to enter into an agreement with the property owner for construction and use of the driveway. This properiy is located in City Council District 7, Planning District 2. cc: Shari Moore City Clerk's Office 170 City Hall �� ���y NOTICE OF PUBLIC HEARING Notice is hereby given that the resolution to permit the property at 1302 Reaney Avenue to construct a curb cut for a residential driveway on Johnson Parkway, which will constitute a minimal diversion of city park land, will be heard and considered by the Saint Paul City Council at a meeting to be held in the Council Chambers on the 3� floor of City Hall and Court House on the 27 day of October, 2004 at 5:30 P.M. Dated October 15, 2004 Shari Moore Deputy City Clerk (October 21, 2004) ��� ����?C� �AE a?��� � . ; i �'� _