04-769Return copy to: jao
Real Estate Division
140 City Hall
RESOLUTION
Council FYIe # Q� ' 7�0
Green 5heet # J��a 1 O� 7
SAINT PAUL, MINNESOTA / Z
Presented By
Refened To
Comnuttee: Date
1 WHEREAS, the Council of the Ciry of Saint Paul, upon the petition of the City of Saint Paul and the
2 Housing Redevelopment Authoriry of the Ciry of Saint Paul, as contained in the resoluuon Council
3 File #03-817, approved September 3, 2003, approved the petition to vacate and discontinue as public
4 property the properties described in said resoluuon, attached hereto as E�ibit "A"; and
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6 WHEREAS, an error was found in one properties to be vacated, said error would inaccurately
7 describe this area being vacated; and
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9 WHEREAS, the petifioners and the Surveyor for Ramsey County Property Records haue requested
10 that the descripuon far this specific vacated properry be conected; so
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12 THEREFORE BE TT RESOLVED, that Council File #03-817 is hereby amended with the following
13 change:
14 I) From E�ibit "A": StriketUrough and Remove the description of Parcel 4 in C.F.#03-817; and
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16 II) Insert and repiace with the descripfion of Parcel4 in Eachibit "B"
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18 BE IT FURTHER RESOLVED, that all terms and condiuons set forth in Councii File #03-817
19 shail rernain in full force and effect.
Return copy to: (e.c.)
Real Est:tte Divisioa
140 City Hall
Presented By
Referred 1'0
���I(�[! ��,�
RESOLl3TiOt�4
CIT( OF SAtTt'T PAUL, MINNESOTA
oN- �`9
CoanciI File # �3 �� �
Green Sheef #e��`�jS�
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Committee: Date
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BE TT T2E50LVED, that, upon the petition of the City of Saint PauI and the Iioasing and Redevelopment
Authority of the CiTy of SainY Paul, as documented in Real Estate Division File Numbers 04-2003 and 04A-2Q03,
public properties hereinafter described are fiereby vacated and discontinued as public pmperty:
The propertyto be vacated is described as follows:
Parcel 1: that part of I�opidns Street lying easterly of Payne Avenue and westerly of tfie west Iine of the
Raznsey County Regional Railroad;
9 Parcel 2: that part of Petit Street lying easterly of Payne Avenue and westerly of that part of Petit Street
10 vacated by Document No. 0660944; and
11 Parcel 3: that part of Kenny Road lying easterly of Payne Avenue and westerly of tl�e west line of the
12 Ramsey County Regionat Railroad. .3�
13 Parcel 4: those par,ls of I,ots 4, 5 and 6 Gr e's Reanangement o�Lots 6 and 7 of 5, 8, 4 and 10,
14 $Iock�Bmnson's Addition re particularly descriEyctd as follo ��
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commenc� at the southeast com of Lot 6 of said Grev s ngement, ing the point o
beginnin , thence South 89 de es 41 minutes 29 s West along the uth line of said t 6 a
distan of 93.26 feet; thence ortheasterl a -tangential curve oncave to the sou east, chord
be� g North 16 degrees minute seconds e chord distance 9.19 feet, radius 79 .00 feet, delta
an e 06 degrees 33 min conds for an distance of 91.24 eet; thence north degrees 42
inutes 37 seconds 7. feet to a point the East line of s d Lot 4, Greve's gement;
thence South 00 degees 39 mi¢utes 21 seco along the ea�ne of said Grev 's Rearrangement a
distance of 109.45 feet to the point of beginning.
BE FT FUI2THER RESOLVED, that, subject to the Lerein stated e�eptions and with the accompanying Utility
Easement Certificates of Intended Non-TJse, filed vo3untarily on behalf of Qwest Communica#ions, Incorporated,
Northem States Power Company, District Energy St. Paul, Tncorporated, MCI a'oridcom, A.T. & T. Broadband,
Saint Paul Regional Water Services, and The Department of Public Works, made a part hereof by this reference
and fiFed in the office of the City Clerk of Saint Paul, ihe City, for itself and on behalf o£these corporations and
departments, waives the right to the utility easements in the vacated azea described above.
This vacation shall be suhject to the terms and conditioa of Chapter 130, codified Mazch l, 1981, of the Saint
PauI Legislative Code as amended, and ta the foltowing conditions:
That the petitioner's, their successors and assigns shall gay $2,000.00 as an adminisirative fee for this
vacation which is due and payable within 64 days of the effecrive date of this resolution.
37 2. That a permanent urility easement shaIl be re4ained within the westeriy 10 feet of that part of Petit Street
38 lying easterly of Payne Avenue to pmtect the interest ofNorthern States Power Company, d.b.a. XceF
39 Energy.
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That tfie developer shalI be responsble for ail costs assoeiated with the removal of the existing s[reet
li�ting system and t��c signs within the streets hereby vacated.
4. That the developer sbaIl be respons4ble, w ttte satisfaction of tfie Deparhnent of Public Works Sewer
Engineering Division, for t3ie proper abaudonment of the existing secver in Kenny Road and the
reloration of the service to 520 Payne Aveaue.
5_ That the deveIoper shall be responsibie for the zeconstruction, as required to e3iminate fhe appearance of
public thoroughfaze, of the east side of Payne Aveuue across Kenny Road, Hopkins and Petit Streets,
inclnd'mg but not limited to costs for new curbs, sidewalks, boulevazds and storm drains, aIl to the
satisfac#ion of the Department o£Pub3ic Worics.
6. That the developer shall plat or dedicafe new utilify easements as rec}uued to service the planned
development, as we31 as aay other properties currently served by existing facilities within the s(reets
berelry vacated.
7. Tfiat the release of easements within the streets hereby vacated shali not take effect until new easements
bave been created.
8. That the deveIoper shall assume all costs o£ relocating existing facilities to the new easements.
9. Thaz the deveioper shall not remove any trees from pazk or trail properiy or from Regional Rail Property.
10. That the developer sfiatP provide drainage from the area to be devetoped sufficient to prevent drainage
onto pazk or trail properry.
11. That the petitioners, their successors and assigns agree to indemnify, defend and save harmless the City
of Saint Paul, its officers and empIoyees from al] suits, actians or claims of any character brought as a
result of injuries or damages received or sustained by any person, persons or property on account of this
vacation or petitioners' use of this properry, including buY not limited to, a claim brought because of any
act of omission, negtect, or misconduct of said petirioners or because of any claims or liability arising
from any violation of any law or regttlafion made in accordance with the law, whether by the petirioners
or any of their agents or employees.
12. That the petirioners, their successors and assigns shall, within 60 days of the effective date of this
resolution, file with the City Clerk an acceptance in writing of the conditions of this resolurion and shall,
within the period(s) specified in the ierms and conditions of this resolution, comply in all respects with
these terms and condiflons.
Requested by Department of•
Technofoev & Mana�ement Services
sy: ��%c����.�-�., � -a a - r,3
��f,/Director
Form Approvefl by City Attorney
Adopted
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3Jate
Secretary
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� �x�3,T py-�69
p0.r�z� �:
Thos? parts of Lots �, 5 and 6, Greve�s Rearrangement of Lots 6& 7 and parts of Lots
S, 8, 9, & 10, of Biock t, o` Brunson's Add�tion to the City of St. Paul, Ramsey County,
DAinneseta. which ore more per;icu!arly descriGed as foilows:
Commencing a' tne point of in'ersection of the Eest line of said Greve's Rearran9ement.
extended southerlv, wi'th a point on the North Right—of—way line of Hcpkins Stree't,
vacated: ±hence North 00 degrees 39 minutes 17 seconds West, on an assumed beoring,
a!on9 the East I�ne or said Greve's Reorrangeme�t and said extension, o distance of
87.97 feet tc the southeast corner of Lot 6 of scid Greve's Rearrongement and said
southzost com?r beir:g the point of beginning of the lond to be described; tnence South
89 degrees 4i m�nutes 29 seconds Nlest, along the south line of said Lot 6, a distance
of 93.26 feet; thznce northeasterly along a non—tangentia! curve, concove to the
southzast. chord bzaring North 16 degrees 44 minutes 00 seconds Eost, chord distance
91.19 feet, radius 797.00 feet, delta anqle Oo degrees 33 minutes 33 seconds for an arc
distoncz of 91.24 feet; thence North 20 degrees 00 minutes 46 seconds East 23J6
feet; thence �orth 89 dea�ees 42 minutes 37 seconds East 57.63 feet to o point on
the East line of said Lot 4, Grev?'s Rearrangement; ;hence South 00 degrees 39 minutes
il s?conds East, Qlong th? Eost lin? of said Greve's Rearrangement, e distance of 109.45
feet to the point of beginning
" ' 04- 7�a9
_ � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
P�I\I — Public Wocks
Contaet Person 8� Phone:
Juan Ortiz
266-8864 �—
Must Be on G6uncii �gen
ToWI # of Signature
: u - � . �2"•�IX�:3If1
27JUL-04
■�
Assign
Number
For
Routing
Order
Green Sheet NO: 3021077
Deaar6nent SentTo Person InitiaVDate-
0 blic Wo eal Estate 40 �
1 �;ro Annrnev I l.5tv Attomev I
i�
2 1 & Ecommic Develo PED Director
3 a or's �ce Ma or/Assistant
4 omcil Comc�
5 i Clerk Ci Clerk
NI Locations for Signature)
�dations: Approve (A) or Reject
Planning Commission
CIB Committee
Civil Service Commission
Following �uestions:
7. Has this person/firm ever worked under a contrect for this department?
Yes No
2. Has this person/firtn 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 separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
One of the descriptions in resolution CF#03-817 is inaccurrate and needes to revised.
RECEI�E�
Advantbqeslf Approved:
The correct description will be in place.
Disadvan Wqes If Approved:
None foreseen.
Disadvantages If Not Approved:
The descrip[ion will be inconect.
Transaction:
Funding Source:
MAYOR'S OFFICE
CosNRevenue Budgeted:
Activity Number:
Financial �nformation:
(Explain)