04-1063CITY OF SAINT PAUL COUNCS�L FILE O. �� ��
FINAI., ORD$R IN BY � ��� -
CONDENIIJATION PROCB$DINGS FILE NO. 190035
VOTING WARD 5
In the Matter of condemning and taking easements in the land necessary for the
slopes, cuts and fill, including the right of removal of lateral support from subject
land or remainder thereof, occasioned by excavations thereof or construction of
slopes in the grading and paving of the alley in Como, Block 5.(bounded by
California, Larpenteur, Chatsworth(vacated) and Milton)
under Preliminary Order �/� /d/� approved (�C'j�„}�� �e��p'�
A public hearing having been had upon the above improvement upon due notice,
and the Council having heard all persons, objections and recommendations relative
thereto, and having fully considered the same; herefore, be it
RESOLVED, That the Council of the City of Saint Paul hereby orders said
improvement to be made.
Further Resolved, That the Council hereby determines that the estate required
for this improvement be as described above, and that the proper City officers submit
a report to the City Council for the purpose of the Council's making an award of
damages for the interest acquired and determination of assessments, if any, against
the benefitted property.
Adopted by Council: Date_�CV"��et� �� ��-
Yeas
✓
✓
✓
✓
✓
✓
✓
Benanav
Bostrom
Harris
Helgen
Lantry
Montgomery
Thune
Nays
� In Favor
L Against
Certified Passed by Council Secretary
� Gree� Sheet Green
D�f - I o!� 3
Sheet Green Sheet Green Sheet Green Sheet Green Sheet
�
DepartmenUoffice/wuncil: � Date Initiated: �
� P�11/ - PublicWOrks � 04-OCT-04 ! Green Sheet NO: 3023045
� Contad Person & Phone: ' � i Deoartment Sent To Person - Initial/Date
Tom Sawyer � ! 0 P�ic Works
266-8857 p��gn � 1 �Council Council
� Mus[ Be on Council Agenda by (Date): � Number
03NOV-04 ' For
Routing
Order
�� ToWI # of Signature Pages _(Clip All Locations for Signature)
Action Requested:
Condemning and taking an easement in the land necessary for the slopes, cuu and fill, including the right of removal of lateral support
from subject land or remainder thereof, occasioned by excavations thereof in construction of slopes in grading and paving the alley in
Block 5, Como. (bounded by Califomia, Laipenteur, Chatsworth(vacated) and Milton.
, Recommendations: Approve (A) or Reject (R): ! Personal Service Contracts Must Answer the Following Questions:
Planning Commission
CIB Committee
Civil Service Commission
�, �. Has this persoNfirm ever worked under a contract for this department?
Yes No
2. Has this person/frm ever been a city employee�
Yes No
' 3. Does this person/firm 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
Ini[iating Problem, Issues, Opportunity (Who, What, When, Where, Why):
This improvement was initiated by a petition signed by 100% of the abutting property owners.
Advantapes If Approved:
The alley will have improved ride, appearance and drainage.
'' Disadvantages If Approved:
, Normal problems associated with construction such as noise, dust and general dismption.
I Disadvantapes If Not Approved:
� The alley will continue to dteriorate.
Trensaction:
Fundinp Source:
CostlRevenue Budgeted:
Activity Number:
�€ Y �'��� �'���
Financial Information: �l
(Expiain) �C� �„ � T
0`� �
Summary of En¢ineering Recommendations
Report Prepazed June 14, 2002
Final Order Hearing
PRO.TECT
Improve the East-West alley in HAZEL PARK, BLOCK 4(Bounded by Case, LaCrosse, Kennazd and Flandrau) by
grading and paving with bituminous material. Also, condemning and taking an easement in the land necessary for
the slopes, cuu and fills, including ri�ht of removal of lateral support from subject land or land remainder thereof,
occasioned by excavation thereof or construcuon of slopes in the grading and paving of said alley.
IIVITIATING ACTION
T'his improvement was initiated by a petition sia ed by 65% of the abutting property owners.
The alley is platted 16 feet wide. The alley is unimproved. The surface of the alley is gravel.
PROPOSEDIMPROVEMENT
Grade the alley to a width of 14 feet and place hot mix bituminous pavement.
ESTIMATED COST AND FINANCING
Estimated Construction Cost
Engineering and Inspection
Service Fee
Miscellaneous
Estimated Total Expenditures
$15,816.58
4,744.95
1,542.15
316432
$25,268.00
Financing - Assessments
Estimated Rate per Assessable Foot
INFORMATIONAL MEETING
Not yet scheduled.
SOURCE OF ADDITIONAL INFORMATION
$25,268.00
$27.00
For additional information, contact Pete Gallagher at 651-266-6085
SUMMARY OF RECOMMENDATIONS
The Department of Public Works recommends that this project be constructed.
Respectfully submi[ted,
Paul St. Martin
Project Engineer
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1 1 1
CITY OF ST. PAIIL
PRELIMINARY ORDBR
o�l - la� 3
COUNCIL ILE N0. O � �O�Z
BY �, t � _
FII,S NO. 19003
VOTING WARD 5
In the Matter of condemning and taking an easement in the land necessary for the
slopes, cuts and fill, including the right of removal of lateral support from subject
land or remainder thereoP, occasioned by excavations thereof or construction of
slopes in the grading and paving o£ the alley in Como, Block 5(bounded by
California, I,arpenteur, Chatsworth(vacated) and Milton.
The Council of the City of Saint Paul having received the report of the Mayor
upon the above improvement, and having considered said report, hereby resolves:
E
2
3
That the said report and the same is hereby approved with no alternatives, and
that the estimated cost thereof is yet to be dtermined.
That a public hearing be had on said improvement on the 3� day of
November,2004, at 5:30 o'clock P.M., in the Council Chambers of the City Hall
and Court House Building in the City of Saint Paul.
That notice of said public hearing be given to the persons and in the manner
provided by the Charter, stating the time and place of hearing, the nature of
the improvement and the total cost thereof as estimated.
COUNCILPERSONS
Yeas Nays
✓ Benanav
✓ Bostrom
✓ Harris
✓ Hel9en
� Lantry A
Montgomery_ /4�se�it
✓ Thune
�In Favor
�Against
Adopted by Council: Date ��p_p-
Certified Passed by Council Secretary
BY /ni.. .l,�si/��
Mayor
Retum copy to: (jao)
Real Estate Division
140 City Hall
co,m�ilFile# d
Green Sheet # ����� l �
RESOLUTION
OF SAINT PAUL, MINNESOTA
Presented By
Referred To
Committee: Date
2 BE IT RESOLVED, that, upon the petition of the City of Saint Paul (City), as documented in Real
3 Estate Division File Number O1-2004, public property hereinafter described is hereby vacated and
4 discontinued as public property: The portion of Starkey Street as described in Exhibit "A"
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BE IT FIJRTHER RESOLVED, that, subject to the herein stated exceptions and with the
accompanying Utility Easement Certificates of Intended Non-Use, filed voluntazily on behalf of
Northern States Power Company, d.b.a. Xcel Energy (Gas Distribution only), District Energy St. Paul,
Inc. and District Cooling St Paul, Inc., Comcast of Saint Paul, Inc., made a part hereof by this reference
and filed in the office of the City Clerk of Saint Paul, the City, for itself and on behalf of these
corporaUOns and departments, waives its right to utility easements in the vacated area described above.
This vacation shall be subject to the terms and condition of Chapter 13Q codified Mazch 1, 1981, of the
Saint Paul L,egislative Code as amended, and to the following condiUOns:
1. That a permanent utility easement shall be retained on, over, under and across the vacated azea on
behalf of the City of Saint Paul, Department of Public Works to reserve the right of the City to
maintain and operate any facilities in or upon said easement and to enter upon said easement or
any portion thereof at any time and from time to time, for the purposes of future construction,
reconstruction, inspecting, maintaining or repairing the same or any part t}iereof. Any
development or use of the property shall be subject to the following conditions:
a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any
other objects that will prohibit normal access to utility facilities for maintenance purposes
will be pernutted 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 pernussion from the
Department of Public Works with the understanding that the restoration and costs of such
improvements shall be the sole responsibility of the petitioner, its successors and assigns
in the event the City exercises its reserved easement rights.
c.
�
e.
No change from the existing grade within the easement area will be permitted without
written pernussion from the Department of Public Works.
No change in surfacing within the easement area will be pernutted without written
permission from the Department of Public Works.
The petitioner, its successors and assigns shall indemnify, defend, and save harmless the
City of Saint Paul, its officers, agents, employees, and servants from all suits, acuons, or
f
b�- ib�v
1 claims which shall arise from any injuries or damages received or sustained by any break
2 in any service pipe or connection in said reserved easement arising out of or resuiting
0
from any action or negligence of the petitioner, its employees, agents, or business
invitees.
6 2. That sufficient access shall be maintained to the City's Lift Station at all times during any
7 construction.
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9 3. That a permanent utility easement shall be retained within the vacated area to protect the interest
10 of Northern States Power Company, d.b.a. Xcel Energy (Electric only).
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12 4. That a permanent uulity easement shall be retained within the vacated area to protect the interest
13 of Qwest Corporation.
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15 5. That a permanent utility easement shall be retained on, over, under and across the vacated area on
16 behalf of the Saint Paul Regional Water Services to reserve the right of said entity to maintain
17 and operate any facilities in or upon said easement and to enter upon said easement or any
18 portion thereof at any time and from time to time, for the purposes of future construction,
19 reconstruction, inspecting, maintaining or repairing the same or any part thereof. Development or
20 use of the property shall be subject to the following conditions: (See Exhibit "B")
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22 6. The portion of Stazkey Street opened by conveyance shall be conveyed, by quit claim deed, to the
23 Housing and Redevelopment Authority of Saint Paul for development purposes.
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25 7. That the petitioners, their successors and assigns agree to indemnify, defend and save harmless
26 the City of Saint Paul, its officers and employees from all suits, actions or claims of any character
27 brought as a result of injuries or damages received or sustained by any person, persons or
28 property on account of this vacation or petitioners' use of this property, including but not limited
29 to, a claim brought because of any act of omission, neglect, or misconduct of said petitioners or
30 because of any claims or liability arising from any violation of any law or regulation made in
31 accordance with the law, whether by the petitioners or any of their agents or employees.
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33 8. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this
34 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution
35 and shali, within the period(s) specified in the terms and conditions of this resolution, comply in
3 6 all respects with these terms and conditions.
BY= �
Approved
By: ��
Form
by City
Mayor fo'r
Adoption Cert)fied by Council Secretary
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
b�- lU(�C�
pW —runLc wocxs
°;`� � � Green Sheet NO: 3024043
CoMact Person & Phone: � 0
Juan Ortiz
( Assign I
Must Be on Council Agend by�(D e)• Number Z
�, s,R, �' �m �7 0� Fo� 3
Routing
Order 4
/ �(o� �L 5
��/� �� f �
r
ToWt # of Signature Pages (Clip All Locations for Signature)
�. q� r Real t I
a�•socere m� orints�sr�ot
ncil ouncil
itv Cle k Ci Qerk
ACilon neques�nu:
City's Petition to vacate Stazkey Street, as opened. Real Estate File #O1-2004
idations: Approve (A) or R
Planning Commission
CIB Committee
Civil Service Commission
�q� Personal Service Co�Vaets Must Mswer the Following Questions:
1. Has this person/firtn ever worked under a contract for this department?
Yes No
2. Has this personffvm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normaily possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attaeh to green sheet
Initiating Problem, Issues, Opportuniry (Who, What, When, Where, Why):
In order to develop property in this area further, this piece of Stazkey needs to be vacated.
RECEIVED _
Advantaqes If Approved:
Development of the azea can continue as planned.
OCT 2 9 20C4
MAYOR'S OFFICE
��
�
3��T � �f ZQ��!
Disadvantaces If Approved: ��� �
Vazious encumbraces will be retained in the vacted street until site plans can address each concern. �'
Disadvantaqeslf NotApproved:
Land needs to be conveyed to the HRA right away. Any delay will put development plans in peril.
Total Amount of
Trensaction:
Fundinq Source:
CosURevenue Budgeted:
ActivitY Number.
Financial Information:
(Explain)„+
�