04-1061Return copy ta: jao
Real Estate Division
140 City Hall
Council File # � `C ^ �CJCO j
Green Sheet # 3 ��'� O ��
RESOLUTION
Presented By
Referred To
OF SAINT PAUL, MINNESOTA
Committee: Date
ZR
1 BE IT RESOLVED, that, upon the petiuon of the City of Saint Paul (City), as documented in Real
2 Estate Division File Number 23-2004, the City's interest in public property hereinafter described is
3 declazed surplus and is hereby vacated and discontinued as public property (vacated property):
4
5 Property being declared surplus and vacated of its Ciry interest is described as: See Attached Exhibit"A"
6
7 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the
8 Saint Paul Legislative Code as amended, and to the following conditions:
9
10 1.
11
12 2.
13
14
15
The vacated property shall retain all its easements, restrictions and covenants of record.
An easement for flood control purposes shall be retained by the City on, over, under and across
the portion of the vacated property described in attached Exhibit "B'; with all conditions
outlined in Exhibit "D".
16 3. An easement shall be retained over the vacated property, as approved by the City-Department of
17 Public Works, to sufficiently access the property of the City's Lift Station, from the public right-
18 of-way, said City's Lift Station property is described in attached Exhibit "C".
19
20 4.
21
22
23 5.
24
25
26
27 6.
28
29 7.
30
Easement rights shall be retained by the City for any un-recorded easements and any public
utilities currently existing that service the vacated property and the City's public interest.
The City reserves the right to dedicate uulity easements on the above-mentioned vacated property
as needed to further develop said property. Said utility easements shall be dedicated around the
perimeter of any lots subsequendy platted on the real property.
The vacated property shall be re-platted to the satisfaction of the City of St. Paul.
A site plan to develop the vacated property must be approved by the City of St. Paul.
31 8. At the recommendation of the City as outlined in Chapter 51 of the Administrative Code, said
32 vacated property sha11 be conveyed to the Housing and Redevelopment Authority of Saint Paul
33 (HRA and grantee) for developmental purposes. Said property shall be conveyed by quitclaim
34 deed by the proper City officials. The HRA shall be responsible for any outstanding assessments
35 or service chazges.
1 DS/ ia�/
2
�
. �
8
9
10
11
12
13
14
15
16
That with the conveyance of this vacated property, the grantee, its successors and assigns, agree
to indemnify, defend and save hannless the City, 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 this release of City interest and conveyance, or
the grantee's, its successors and assigns use of this property, including but not limited to, a claim
brought because of any act of omission, neglect, or misconduct of the grantee, its successors and
assigns 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 grantee, it successors and assigns or any of their
agents or employees.
17 10. That the Ciry and HRA (or its successors and assigns) shall, within 60 days of the effective date
18 of this resolution, file with the City of St. Paul, Department of Public Works, an acceptance in
19 writing of the conditions of this resolution and shall, within the period(s) specified in the terms
20 and conditions of this resolution, comply in all respects with these terms and conditions. An
21 extension of these terms may be approved by mutual agreement between the City and HRA (or
22 its successors and assigns) .
��i�� �
EXHIBIT "A"
Legal Description of Vacated Property Being Released of its City Interest
(TORRENS PROPERTI�
That part of Govemment Lot Seven (7) in Sec4ion Six (6), Township Twenty-eight (28), Range
Twenty-two (22) described as foliows:
Beginning at the intersection of the Northerly line of Water Street and the Northeasterly
line of Block One Hundred Seventy-six (776), Rober4son's Addition to West St. Paul,
produced; thence Northerly on said produced line to the intersection with a line ten (10)
feet Southwesterly from and parallel with the Southwesterly tine of Lot Fourteen (�4),
Block Four (4), Bazil and RoberYs Addition to West Saint Paul; thence Northwesterly along
said parellel line and prolongation 4hereof to intersection of a line three hundred (300) feet
Northwesterly from and parallel with the Northerly line of Water Street; 4hence
Southwesterly along said parallel line to the intersection with the East¢rly tine of
Robertson's Addition to Wes4 St. Paul; thence Southeasterly along said Easterly line of
Robertson's Addition to West St. Paul to the aforesaid Northerly line of Water Street;
4hence along 4he Northerly line of Water Street to 4he poin4 of beginning;
AND
(ABSTRACT PROPERTIn
Commencing at !he Northwest comer of Lot 14, Block 4, Bazil and Roberts Addition to West St.
Paulg thence Northwesterly along the Sou4hwesterly line of said Lot 14 produced a distance of
48.1 feet; thence Northwes4erly a4 an angle 4o the right from last described line 26 degrees 45
minutes, along a line hereinafter mentioned as "Line A", a distance of 55.71 feet to the point of
beginningg thence northwesterly, along the northwesterly extension of the aforementioned'°Line
A", a distance of 29.11 feet to a poin4 hereinafter mentioned as "Point A"; thence norkheasterly,
deflecting to 4he right 63 degrees 75 minutes 00 seconds, a distance of 61.52 feet; thence
northwesterly, deflecting to the left 90 degrees 00 minutes 00 seconds, a distance of 109.15 feet;
4hence westerly to a point on the northwesteriy extension of the aforementioned "Line A" distant
128.22 feet northwesterly of the aforementioned "Point A"; 4hence northwesterly, along the
northwesterly extension of the aforementioned "Line A" to the U.S. Govemmen4 Harbor line on
Southerly side of the Mississippi River, thence Northeasterly along said Harbor Line to an
intersection with the Southwesterly line of CusterSt. (nowvacated) produced Northwgsterlyfrom
Bazil and Roberfs Addition to West St. Paul; thence Southeasterly along said Southwesteriy line
of Custer Street (vacated) to a point 158 feet Northwesterly of Northwesterly line of Block 4, Bazil
and Roberts Addition to West St. Paul measured along said Sou4hwesterty line of Custer Street
(vacated); thence Southerly to a point 306.06 feet from point of beginning, on a line which is 100
feet Northwesterly of and parallel to the Northwesterly line of Block 4, Bazil and Roberts Addition
to West St. Paul; thence Southwesterly along this line to point of beginning, according to the
recorded plat thereof, and situate in Ramsey County, Minnesota;
AND
O�/- id� i
(ABSTRACT PROPERTI�
Govemment Lot 7, Section 6, Township 28, Range 22, bounded by a line described as foliows:
Beginning at the intersection of the North line of Water Street and the Southwesterly line of
Lot 14, Block 4, Bazille & Robert's Addition to West St_ Paul produced Southeasterly; thence
Northwesterly along the Southwesterly line of said Lot 14 and that line produced to the
Northwesterly corner of said Lot 14; thence Norlhwesterly on said line produced 48.7 feet;
thence Northwesterly at an angle to the right of 26 degrees 45 minutes, along a line
hereinafter mentioned as "Line A", a distanee of 84.82 feet to a point hereinafter mentioned as
°Point A"; thence southwesterly, deflecting to the left 116 degrees 45 minutes 00 seconds, to
4he intersection with a line '10.00 feet distant from, southwesterly of and paraliel to a
prolongation of the southwesterly line of said Lot 14; 4hence nor4hwesterly, along said parallel
line, a distance of 155.11 feet; thence northeasterly, deflecting to the right 101 degrees 58
minutes 40 seconds, a distanee of 91.20 fee4; thence easterly to a point on the northwesterly
extension of 4he aforemen4ioned �`Line A" distant 128.22 feet northwesterly of the
aforemenlioned "Point A"; 4hence northwesterly, along the northwesterly extension of the
aforementioned �Line A° to the Mississippi River, thence Southwesterly along the Southerly
line of the Mississippi River 4o a line Northeasterly of and paraliei to the Northeasterly
boundary of Block "H^, Robertson's Addition to West St. Paui and distant 20 feet therefrom and
said line produced; thence Southeas4erly parallel with the Northeasterly boundary of said
Block °H" to a line Northwesterly of and parallel to the Northwesterly line of Water St. and
distant 200 feet therefrom; 4hence Northeasterly parellel with the Northwesterly line of Water
St. to a line 10 feet distant from, Southwesterly of and parallel to a prolongation of 4he
southwesterly line of Lot 14, Block 4, Bazille & Robert's Addition to West St. Paui; thence
Southeasterly and parallel to a prolongation of the Southwesterly line of said Lot �4, to a
prolongation of the Northeasterly line of Block 176, Robertson's Addition to West St. Paul
produced Northwesterly; thence Southeasterly along a prolongation of the said Northeasterly
line of Block 176 to the Northwesterly line of Water St.; thence Northeasteriy along the
Northwesterly line of Water St. 4o the point of beginning.
a.� �oGi
EXHIBIT "B"
Legal Description for Flood Control Easement
Commencing at the most easterly corner of Lot 1, Block A, Robertson's Addition to West St. Paul; thence
northwesterly, along the northeasterly lines of Lot 1, Biock A and Lot 1, Block D, said Robertson's Addition to
West St. Paul, a distance of 139.00 feet to the point of beginning; thence northeasterly, deflecting to the right,
74 degrees 09 minutes 00 seconds a distance of 83.00 feet; thence northerly, deflecting to the Ieft, 57 degrees
23 minutes 00 seconds a distance of 85.00 feet; thence northeasterly, deflecting to the right, 65 degrees 04
minutes 00 seconds a distance of 66.00 feet; thence northerly, deflecting to the left, 35 degrees 46 minutes 00
seconds a distance of 56.OD feet; thence northeasterly, deflecting to the right, 46 degrees 53 minutes 00 seconds
a distance of '172.00 feet; thence northeasterly deflecting to the Ieft, 35 degrees 14 minutes 00 seconds a
distance of 42.00feet; thence northeasterly, deflecting tothe right, 32 degrees 09 minutes 00 seconds a distance
of 60.18 feet to the southwesterly line of Custer Street produced; thence northwesterly, along the southwesterly
line of said Custer Street produced, to the southerly Iine of the Mississippi River; the�ce southwesterly, along
the southerly {ine ot the Mississippi River to a fine nortfieasterly of and paralfel to the nortfieasterly boundary
of Block "H", Robertson's Addition to West St. Paul and distant 20 feet therefrom and said line produced; thence
southeasterly, parellel with the northeasterly boundary of said Block "H" to the intersection with a line parallel
to and 300 feet northwesterly from the northwesterly Iine of Water Street; thence southwesterly along said
parallel line to the intersection with the easterly line of Robertson's Addition to West St. Paul; thence
southeasterly, aiong said easterly line to the point of beginning.
, ._;
D� iv� i
EXHIBIT "C"
I.egal Description for the Lift Station Parcel
Commencing at the Northwest comer of Lot 14, Block 4, Bazil and Roberts Addition to West St. Paul; thence
Northwesterlyalong the Southwesterly line of said Lot 14 produced a distance of 48.1 feet; thence Northwesterly
at an angle to the right from last described line 26 degrees 45 minutes, along a line hereinafter mentioned as
"Line A", a distance of 84.82 feet to the point of beginning; thence northeasteriy, deflecting to the right 63
degrees 15 minutes 00 seconds, a distance of 6�.82 feet; thence northwesterly, deflecting to the left 90 degrees
00 minutes 00 seconds, a distance of � 09.15 feet; thence westerly to a point on the northwesterly extension of
the aforementioned "Line A" distant 128.22 feet northwesterly of the point of beginning; thence southeasterly
to the point of beginning.
Together with that part described as commencing at the Northwest corner of Lot 14, Block 4, Bazil and Robert's
Addition to West St. Paul; thence Northwesterly, along the Southwesterly line of said Lot 14 produced, a distance
of 48.1 feet; thence Northwesterly at an angle to the right from last described line 26 degrees 45 minutes, along
a line hereinafter mentioned as "Line A", a distance of 84.82 feet to the point of beginning; thence southwesterly,
deflecting to the left 116 degrees 45 minutes 00 seconds, to the intersection with a tine 10.00 feet distant from,
southwesterly of and parallel to a prolongation of the southwesterly line of said Lot 14; thence northwesterly,
along said parallel line, a distance of 155.11 feet; thence northeasterly, deflecting to the right 101 degrees 58
minutes 40 seconds, a distance of 91.20 feet; thence easterly to a point on the northwesterly extension of the
aforementioned "Li ne A" distant 128.22 feet northwesterly of the poi nt of beginning; thence southeasterly to the
point of beginning.
�� io�i
EXHIBIT "D"
Public Works Conditions
The Crrantor does covenant that the above described public sewer easement shall be subject to the
following conditions:
a. No buildings, structures, trees or any temporary structure, material storage,
fixture, or any other objects which may prohibit normal access to utility facilities
for maintenance purposes will be permitted within the easement area.
b. Improvements in or upon the above described easement that do not prohibit the
City from exercising its reserved rights may be allowed by obtaining written
permission from the Department of Public Works Sewer Division with the
understanding that the restoration and costs of such improvements shall be the
sole responsibility of the petitioner, its successors and assia s in the event the City
exercises its reserved easement rights.
c. Should it be necessary that the petitioner's works or improvements be removed or
damaged as a result of the Department of Public Works operations, all removal,
replacement or modification costs shall be borne solely by the petitioner.
d. No change from the existing grade within the easement area shall be permitted
without written permission from the Department of Public Works Sewer Division.
e. No change in surfacing within the easement area shall be permitted without
written permission from the Department of Public Works Sewer Division.
f. The petitioner, its successors and assi�ns shall fully indemnify, defend, and save
harmless the City of Saint Paul, its officers, agents, employees, and servants from
all suits, actions, or claims which shall arise from any injuries or damages
received or sustained by any break in any service pipe or connection in said
reserved easement arising out of or resulting from any action or negligence of the
petitioner, its employees, agents, or business invitees.
o�y- »� �
Interdepartmental Memorandum
CITY OF SAINT PAUL
To: All Couttcil Members �
From: Peter White (c/o Juan Ortiz�
Right of Way Engineer
140 City Hall
Date: October 12, 2004
�:: Publ��oxl�s�acat€c�n_�'��eNo..23_2QQ4�(Vacat�Bt�el�aseGity;�ntexesf)
I recommend a public hearing before the City Council be held on �Tt#FCIt1I}CLa��'� �O�I� ;.Yo
consider the petition of the City of Saint Paul.
This petition is to vacate and release the City's interest in Government L.ot 7 in the area bounded by
Wabasha Street, Water Street, the Mississippi River and the railroad tracks.
The purpose of this release of City interest is to develop the site known as the West Side Flats,
Wabasha to west of the railroad tracks.
This property is located in City Council District 2, Planning District 3;:
ec: Shari Moore, City Clerk's Office (for publication)
(200423hr.date)
�ks'Y1z.'�H3i°i? a9i�?:+>i°S ..v<u6F3�3. �"'.Lnn.23°�5
TYPE RS-60
r�' �����`a P�;�. � a ��,�u�
Y °� � -
�: a�.
. �_. �
:....� �.m
�
�= , �,.�
� ,.� �
�ocati;r�
60feet Right-of-Way Width
36feet Pavement Width (2-Way)
,
2b' - 30' a/c Street Trees
5' Sidewaik Width (both sides) .
i��"i�S
Vda�er Strae:
�v' e9a Av2n��e
1^a;ana A��er�e
C^icago Av,�r. �e
4�5:° c J.'8�:
L�L'; .P.�C St(CE.
3Q ; I�{r cizr� oF sainr naci � West Side Plats
T
Interdepartmen#al Memoranr3um
CITY OF SAT`iT PAUL
DATE: � ` 2 ` � � �
TO: 1) _ �II�t � � �'1��w�(�SOy� �,��
(DISTRICT PLANNER)
�: Vacation Request No. � � � � � (
The attached vacation request was received by the Piannino Division o 2 � L '�.�Please
review and return comments or recommendations to me by� � that I may prepare
the Divisions recommendations.
ZONING SECTION: Is this vacation proposal also tied to a rezoning or variance request?
YES NO If yes, explain below:
STAFF COMMENTS OR RECOMMENDATIONS:
The West Side Flats Master Plan and Development Guidelines, adopted by the City Council in
2001, lays out a new street and block system for this part of the Flats. Along the sanitary force
main, indicated in yellow on the attached map, the Master Plan proposes a new street, Levee
Street, that would presumably be built over the sanitary sewer line to connect to Levee Street
heading west to Harriet Island (see map and proposed street section from Master Plan attached).
The proposed vacafion of Starkey Street is consistent with the Master Plan as long as right-of-
way is maintained to a11ow for the construction of new Levee Street between Fillmore and the
river in accordance with the Master Plan. Staff has no concerns about the proposed vacation of
Custer Street.
Donna, Penny, and �ucy, J ✓ �� y �
�`����
Rezl Estate has changed their form to no± request a specific date for return of the information `rom PED.
That is why I have not filled in tha: line on the cover sheet I attach to the vacation request that gets
circulated fo you.
Please coriinue to turn ihesa around asap as you have in the past.
� � �
^ � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
O�/- /dG/
pW — PubGcwocks
Contact Person & Phone:
Juan Ortiz
266-8864
Must Be on
�
���� � ��� �'
Date Initiated: I �
�-�-�
�
Assign
Number
Por
Routing
Order
✓
ToWI # of Signature Pages �(Clip NI Loeations for Signature)
Action Requested:
Release and vacate the City's interest in the uea known as the West Side Flats-Wabasha to west of railroad tracks (bounded by
Wabasha,RRTracks, Water St and Mississippi River). Real Estate File #23-2004.
idations: Approve (A) or R
Planning Commission
CIB Committee
Civil Service Commission
(R):
NO: 3024044
0 IPubli Worlcs �, �/ acea� aawac i �-..
1 i Attorne Ci Attorne �
2 bli Wo B & 'recto
3 or's �ce Ma or/Assistant
4 uncil ouncil
5 i Clerk Ci Clerk
Service Contracts Must Answer the Following �uestions:
1. Has this perso�rm ever worked under a contract for this department?
Yes No
2. Has this personffirtn ever been a city employee�
Yes No
3. Does this persoNfirm possess a skill not normally possessed by any
current 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):
In order to develop the land in this azea, the City must release its interest in the above-mentioned property.
RECEIVEQ
Advantaces If ApProved: �� �� 4 V`V Vy ��
Development of the azea can continue as planned. MAYOR OFFICE
OCT 2 7 2004
Disadvantapes If Approved: �.a��� �a i�a.,� I'�a g 4��
Various encumbrances will be retained in the property being released until plans can address co cern'.
DisadvanWges If Not Approved:
Development of the area is contingent on this land being conveyed to the HRA right away. Any delay will put the development in peril.
Trensaction:
Punding Source:
Cost/Revenue Budgeted:
Aetivity Number:
Pinancial I�formation:
� (Explain)