04-1159Return copy to: jao
Real Estate Div'ision
140 City Hall
Council File # V �7 —� J�
Green Sheet # 3 U a ��� �
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented By
Referred To
Committee: Date
WHEREAS, the Council of the City of St. Paul, upon the petition of the Housing and Redevelopment
Authority of the City of St. Paul, as contained in resolution Council File #04-456, dated
June 16, 2004, approved the petition to vacate and discontinue as public property the portion of alley
described in said resolution, attached hereto as ExhibiY "A"; and
WHEREAS, an error was found in the description of the vacated property, said error would
7 inaccurately describe the area being vacated; anc3
9 WHEREAS, the petitioner and Ramsey County Land Records have requested that the description for
10 sai@ vacated property be corrected; so
ll
12 THEREFORE BE IT RESOLVED, that Council File #04-456 is hereby amended as follows:
13
14 I) Strike through and Remove Lines 6& 7 and replace with the description in Exhibit `B"
15
16 BE IT FURTHER RESOLVED, chat a11 terms and conditions set forth in Council File #04-456
17 shall remain in full force and effect.
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� i � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
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2
� Departrnentlo�ePJeouncil: Date Initiated:
Pw -�„bv��� 3o-HO�-� Green Sheet NO: 3024445
ContactPerson & Phone:
JUAN ORT¢
266-8864
Must Be on Council Agenda b�
Fon. cou.sFre�°
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Total # of Signature I
Action Requested:
AMEND CF# 04-456
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Assign
Number
For
Routing
Order
0 b'c Wo ea1 te 4�
1 itvAttom Ci At[ome
2 �nbl'+ w tis t eeese aTC ufrector u�
3 a or's �ce Ma or Assistant
4 uncil Ci Council
5 i Clerk Ci C7erk
6 blic Wor eal [at 40
(Clip All Locations for Signature)
�dations: Approve (A) or R
Planning Commission
CIB Committee
Civil Service Commission
Personal
Answerthe
t. Has this person/firm ever worked under a contract for this departmenY?
Yes No
2. Has this persoNfirtn ever been a city empioyee?
Yes No
3. Does tfiis person/firm possess a skilt not normally possessed hy any
current ciry employee?
Yes No
Explain ail yes answers on separete sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
The por[ion of alley vacated in this block was inaccurately described and needs [o be changed.
AdvantapeslfApproved:
The correct description will be in place.
Disadvantaqeslf Approved:
None foteseen.
Disadvantapes If Not Approved:
The current description could not be used, hence, the poraon of vacated alley will not be recorded.
Total Amount of
Transaetion:
Fundinp Source:
CosVRevenue Budgeted:
Activity Number:
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Financial Intormation:
(Explain)
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DEBORAH L. MONTGOMERY
Councilmember
CITY OF SAINT PAUL
OFFICE OF THE CITY COUNCIL
MEMORANDUM
Date:
To
From:
Subject:
December 7, 2004
Council President Kathy Lantry
Councilmember Jay Benanav
Councilmember Dan Bostrom
Councilmember Patrick Harris
Councilmember Lee Helgen
Councilmember Dauid Thune
Councilmember Debbie Montgo�ry
Suspension Item for the December 8, 2004 City Council Agenda
Please review the attached resolution I azn bringing in under suspension on December 8, 2004.
Thank you.
DM/jab
attachxnent
cc:
Trudy Moloney
Mary Erickson
CITY HALL SUITE 310A SAINT PAUL, MINNESOTA 55102-1615 651/266-8610
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AA-ADA-EEO Employer
Refurn copy to: (jao)
Reai Estate llivision
140 Cify $a11
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R�SOLUTiON -
C[TY O� SAtHT PALfL, MINN�SQTA
Presented By
Referred To
_1�
Committee: Date
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2 BE TT RESOLVED, that upon the petition of the FIousing and Redevelopment Authority of the City of
3 Saint Paul, as documented in Real Estate Division File Numbet 26-2003, pubIic properties hereiaafter
4 described aze hereby vacated and discontinued as public �
5
6 /That part of the alley in Chute Brothers Division No.
7 � and Lots � throug& 30 .
s
9
10
11
12
13
7
1 abutting Lots 1 fhrougly8�
BE IT FUI2TI3ER i2ESOL�VED, that subject to the herein stated exceptions and with the
accompanying LTtility Easement Certificates of 7ntended Non-Use, filed volnntarily on behalf of, the
Qwest Corporation, District Energy St. Paul, Inc. and District Coolina St Paul, Inc., and Saint PauI
I2egional Water Services, 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 corporations and deparcments, waives the right to
14 the utility easements in the vacated area described above.
15
16 This vacation sfiall be subject to the terms and condition of Chapier 13Q codified March 1, 1981, of the
17 Saint Paul LegisIative Code as amended, and to the following conditions:
18
19 1. Thai the petitioner's, their successors and assigns shall pay S1200 as an adminisuative fee for ihis
ZO vacation which is dne and payable within 6Q days of the ef£ective date of this tesoluuon.
21
22 2. At the request of the Departrnent oPPublic Works and the Office License, Inspection and
23 Environmental Protection, the petitioner's, their successors and assigns shalI :
24
25
26
27
ZS
29
30
31
a} Dedicate a permanent public aIley easement a minimum of 20 feet wide. It shall run from the
remaining existina aliey, south to Aurora Avenue. 'I'he petitionet si�all submit a legal
description for the location of the new alley to be dedicated and if necessary, adjust the
description of tfle alley vacation accordingly. The petitioner shall construct the new alley to the
satisfaction of the Department of Public Works under an ordinance pemut issued by Public
Works Street Engineerina.
ay- ����
Cowacil File � � �
Green Sheet # 01313�
32 b) The petitioner shali be responsible for the reconshvction of both ends of ihe vacation area,
33 which will be necessary Yo properly eliminata the appearance of a public thoroughfare, inciudiag
34 but not limited to, costs for new curbs, sidewalks, boulevazds, storm drains, and s�gns, atl to the
35 sa[isfaction of the Departrnent of Public Works.
2
3
4
� 3.
6
7
8 4.
9
14
11 5.
12
13
I4
15 6.
16
17
18
19
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22
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c) That this vacation sha11 not be filed with Ramsey Counry, nor shall the above described �—��j
cacation become effective until the siie plan snbmitYed by the deve]oper has been approved by
ttie Bepartment of i,icense,lnspec6on and Environnental Protectian.
T6at a permanent ufility easement shall be retained witt�in tfie vacated area to protect the interest
of Northem States Power Comg2ny, d.b.a Xcel Energy (Gas & Eiectric) .
Tfiat a permanent utility easement shatl be refained within the vacated azea to piotect the interest
of Comcast of St. Paul, Iuc..
At tfie reqnest of the Department of Planning and Economic Development, petitioner, its
successors and assigns sha11 maintain proger access on the remaining portion of the alley for
businesses immediatety west of the vacated area.
That the petitioners, their successocs and assigns agee to indemnify, defend and save hannless
the Ciry of Saint Paul, its officers and employees from ail suits, actions or c2aims of any character
brought as a result of injuries or damages received or sustained by any person, persons or
property on account of tY�is vacation or petitioners' use of this property, incIudina but not Iimited
to, a cIaim brought because of any act of omission, neglect, or misconduct of said petztioners 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 petitioners or any of their agents or employees.
23 7. That the petitioners, their successors and assigns Shall, wiihin 60 days of the effective date of this
24 resolution, file with the City Clerk an acceptance in writin� of rhe conditions of this resolution
25 and shall, within the period(s) specified in the terms and conditions of this resolution, compiy ia
26 all respects with these terms and conditions.
Requested by Department of Pubiic W orks:
by Cit'y�Attorney
Adc
Adc
By:
APF
sy:
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Exhibit "B"
The public alley as dedicated in CHUTE BROTHER' S DNISION NO. 1 AADTI'ION TO THE
CTI'Y OF ST. PAUL, MIl�TNESOTA, according to the recorded plat thereof, Ramsey County,
Minnesota, which lies east of the northerly extension of a line 3.00 feet east of and pazallel with
the west line of Lot 24, said CHUTE BROTHER'S DIVISION NO. 1 ADDTTION TO THE
CITY OF ST. PAI3I,, MINI3ESOTA, and which lies west of a line drawn from the southeast
comer of I.ot lto the northeast corner of Lot 30, all in said CHUTE BROTHER'S
DIVISION NO. 1.
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