05-336Council FYIe # OS-33
Green Sheet # 204233
Presented by
RESOLUTION
OF SAINT PAUL, MINNESOTA aI
1 WIIEREAS, the Council of the City of Saint Paul, upon the petition of Miller & Holmes, Inc., as contained in
2 resolution Council File # OS-142, dated February 16, 2005, approved the vacation and discontinued as public
3 properiy, the properiy described in said resolution, attached hereto as"Exhibit A;" and
4 WHEREAS, the City Surveyor has determined that the description of said vacated property is vague and has
5 requested it be replaced with a more precise and accurate description; now
6 THEREFORE BE IT RESOLVED, that Council File #OS-142 is hereby amended by deleting the description in
7 Line 7 of "Exhibit A" and replacing it with the following:
9 The north-south alley in Block 59, Arlington Hills Addition described as the west 20 feet
10 of Lot 5, Block 59, Arlington Hills Addition; and all that part of the east-west alley in said
11 Block 591ying west of a line 20 feet west of and parallel to the west line of Lot 4 of said
12 Block 59.
13 AND BE IT FURTHER RESOLVED, that all other terms and conditions set forth in Council File # OS-142 shall
14 remain in full force and effect.
��. Public �orks
••,, COPIrACT PEFiSON & PHOIJE � � . . ,
. Linda M�uphy 266-612'7
. MUSTBEONCOfJNCILAGENDABV(DAT�
ilpri120, 2005
TOTAL # OF SIGNATURE PAGES
DAlE1NITIATED GREEN SHEET
� 3/30/7A�5
.., . ._. .. .._.,.. __. .... _..�.... _ .,. . , .,. . inmavoare . . . , . . .
No. 204�3 33�0
i�uavoe�e . .
u DEPARIMEMDIRECfOR YI J 7�1 uCITYCOUNCIL
� ❑ qTVATfORf�YJ V �� ❑ CIiYGFAK
NUMBER PoR F�n
� ❑FlNANCIALSERVICESdR ❑FlNFNCIALSERV/ACGTG
OBUEH ❑
❑ MHYOR(ORASSISTMR)
❑ ❑
� (CLIP ALL LOCATIONS FOR SIGNATURE) '
#OS-142 vacating an alley for Miller & Holmes, Inc. by wrrecting rhe legal description.
RECOMMENDATIONS:Approve (A) w Rejec[ (R)
_ PLANNING COMMISSION
_ CIBCOMMITTEE
_ CIVILSERVICECOMMISSION
CONTRACTS MUST
1. Has this perso�mi ever worketl uMer a contred for this tlepartmenl?
YES NO
2. Has this person/firm ever been a city employee?
YES NO
3. Does this persoNfirm possess a skill rrot normally possessetl by any cumeM city employee?
YES NO
4. Is this persoNfirm a targetetl ventlor?
YES NO
" IMTIATING PflOBLEM, ISSUE, OPPORTUNITY (WHO, WHAT, VJFIEN, WHERE, WFiY):
, The legal description was vague which could create recording and dUe issues.
40VANTAGESIFAPPROVED:
Will clarify the vacation description and allow recording.
�P� � a L���J
� � R __
:. I DISADVAMAGES IF APPROVED:
. DISADVANTAGESIFNOTAPPROVED:
`= Will not be cleaz what was vacated and the Counry may refuse to record the document
�.
+'?� OTALAMOUNTOFTRANSAC710N5 0 COST/REVENUEBUDGEfED(qRCLEONE)
^ FUNDING SOURCE N/A ACTIVITY NUMBER
a.
�": FINANCIAL WFORMATION (EXPLAIf�
VES No
Return copy to: (jao)
Real Estate Division
140 City Hall
Presented By
Referred To
�X�1� � r �
RESOLUTION .
CITY OF SAINT PAUL, MINNESOTA
coun�il File # �5-1`�2
Green Sheet # 3024818
�' �3�D
�
Committee: Date
2 BE TT RESOLVED, that, upon the petition of Miller & Holmes, Inc., as documented in Real Estate
3 Division File Number 26-2004, public properties hereinafter described are hereby vacated and
4 discontinued as public property:
6
7' The North-south alley and the remaining east-west alley in Block 59, Arlington Hills Addifion.
8
10 This vacation shall be subject to the terms and condition of Chapter 130, codified Mazch 1, 1981, of the
ll Saint Paul Legislative Code as amended, and to the following conditions:
12
13
14 1.
15
16
17 2.
18
19
20 3.
21
22
23 4.
24
25
26 5.
27
28
That the petitioner's, their successors and assigns shall pay $1,200 as an administrative fee far
tius vacation which is due and payable within 60 days of the effective date of this resolution.
That any portion of the alleys opened a conveyance of properiy rights, shall be conveyed to the
current owner of record having interest in said alley.
That a permanent utility easement shall be retained within the vacated azea to protect the interest
of Comcast of St. Paul.
That a permanent ufility easement shall be retained within the vacated area to protect the interest
of Qwest Communicadons.
That a permanent utility easement shall be retained within the vacated area to protect the interest
of Xcel Energy.
29 6. That the pefitioners, their successors and assigns agree to indemnify, defend and save harmless
30 the Ciry of Saint Paul, its officers and employees from all suits, actions or claims of any character
31 brought as a result of injuries or damages received or sustained by any person, persons ar
32 properiy on account of this vacaflon or petitioners' use of this properiy, including but not limited
33 to, a claim brought because of any act of omission, neglect, or misconduct of said petitioners or
34 because of any ciaims or liabiliry arising from any violation of any law or regulation made in
35 accordance with the law, whether by the petitioners or any of their agents or employees.
36
37
�
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
7
Ex�,�>; ,� a�5 i ��4
That the petitioners, 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 resolution
and shall, within the period(s) specified in the terms and conditions of this resolution, comply in
all respects with these terms and conditions.
�
Requested by Department of: y
_ Public orks :�
� J.
By:. ��
Director
Form �j,pproved by City
Adopted by Council: Date
Adoption Ce •' ed by Cow
By: � .
for
I�