06-524Return copy to: (jao)
Public Works Tech. Services
1000 City Hall Annex
RESOLUTION
OF SAINT PAUL, MINNESOTA
--- Presented By
�
Referred 'Po
Committee: Date
1 BE IT BE IT RESOLVED, that, subject to the herein stated exceprions, if any, and with the
2 accompanyino titility Easement Certificates of Intended Non-Use, file3 voluntaril} on behalf
3 of Qwest Corpararion, Northem States Power Company, d.b.a. Xcei Energy Disu Energy
4 St. Paul, Inc. and District Cooling St. Paul, Inc., MCI Network Services, Inc., Ccmcast of
5 Saint Paui, Inc. and Saint Paul Regional Water Services, made a part hereof by this reference
6 and filed in the office of the City Clerk of Saint Paul, the City, on behalf of these carporauons
7 and depaYanenTS, waives the right to the uulity easements in the area described as f�Iiows:
Easements in that portion Drewry Lane as described in E�ibit "A"
10
11
12
13
14
15
FUT�T�IER �SOLVED, that any other terms or conciitions affecting this area, as
ment;oned the �treet vacation resolution C.F. #05-877, approved September 21, 2d06,
that are not addressed in this resolution, shall remain ;n full force and effect.
Yeas �� Nays �� Absent
Bostrom
Requested by Department or:
Public Works
� � / �/
C � ,
Director
Thune
Adopted by Council: Date l UV1
Ado � Certr by uncil ecretary
By:
Appro yor: � e
By:
Form
by
I�
�
Council File # o 'tJ�' d
Green Sheet # ,�j �
by City Attorney
for Submission to Council
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green S�� � �
�
pW - Publ;cworks
� Contact Person 8 phone:
JUAN ORTIZ
i 266$864
Agenda by
ContraetType:
RE-RESOLU'f10N
uate mroatea:
;,��,Y.� i Green Sheet NO: 3030814
� �' �
� 6
i Number
For
,� Routing
Order
I
i
i
1
2 PublicWorks PubiicWorksDirector (
3 � Mavor s OfCice NLav dAssista�rt
4 Council (tih Co ml '
5 Ciry Clerk Ctv Cle k i
� Z3.
Tofal#ofSignaturePages 4 (CIipAllLocationsforSignature)
Action Requested:
Approve the release of utility easemenu in vacated Drewery I.ane.
itlations: Appro�e (A) or Reject (R):
Planning Commission
CIB Committee
CiNi Senice Commission
i,f; �_':' i:. .:':�. �^°�° gq
�9� � t� � 3 � ���� d
Following Questions:
1. Has this person(flrm ever vrorked under a contract for this deparlment?
Yes No
2. Has this persoNfirtn e�er been a city employee?
Yes No
3. Does this persoNfirm possess a skill not nortnally possessetl by any
curtent city employee?
Yes No
Ecplain all yes answers on separeM sheet and atfach ta green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
In or�der to further develop the vacated street south of Payne Ave, the properiy owner needs to release easemenu kept as part of the
SffCCt v3C2tiOn.
RECEIVED
AdvantaAeslfApproved:
The azea may be developed without encroachments on the land.
MAY 2 4 Z006
MAYOR'S OFFICE
Disadvantages IfApproved:
None foreseen.
Disadvantages N idot Approved: �
The property owCler will have property that canno[ be developed because of these utiliry encroachments.
Totdl NTOUnt of
Transaction:
Funding Souroe:
Financial infortnation:
(Ezpiain)
CostlRevenue Budgeted:
Activity Number.
May 19, 2006 92:49 AM Page 1
c� �a �
_EXHI��T__"�"-- ------- -- --- --------------____`� ---
T�t poxtion of zaeazeti T3reu=n� Lare lyinn sou�h c�f th� s�uth L�e �x Payne :�venue e��tz;deti
aartheasterl}* �o th� u�st;ine �f said Dr�urry L.�ne �nd iyin� r��r��? 4f a line be�i:�ni:�g at a rei atong
the. weste=l�� ���t-4f-;��ay li�e af said I]rew�= Lane dist�r,t 5.00 feet sautherl� fram t�?e �:srtY�eas[
c;�r;��r Lf Lat �, BZock 3, L�vine's 2�d Add;tio� to Saint Paul an� ter�ina,.ing at [�nv �asterly r¢ht-af
��ay i�ne af sai� ➢re�prv Lane �istant �.�a fz:t sc��the��y f�c�m tfie no�hwest cerner flf �.cr 1�,
S3�ck 2, �rvire's 2�d t�ddizic�n ta Sainrt Paul.
c� sa�
CERTIFICATE OF INTENDEQ NON-USE
�
Q
IT.S �1 �71'KG�`TG�.. �Q�r (7 _
STATE OF MINNFSOTA / " �'" '" � L/ '��� -
Signature
�nUuT;'O?RAMCEY SS
'Ihe focegoing instcument was acknowledged before me this ��� ay of _✓"�e/YI �lYr . 20 O�
THE HONORABLE MAYOR AND MEMBERS
OF THE COUNCIL OF THE
CITY OF SAIIVT PAUL
In the Matter of :
File # 2005-10A
The undersigned hereby certifies on behalf of the indicated department or company, that it does not
intend to exercise its utility rights in the realty described below:
That portion of vacated Drewry Lane lying south of the south line of Payne Avenue extended
northeasterly to the east line of said Drewry Lane and lying north of a line beginning at a point along
the westerly right-of-way line of said Drewry Lane distant 8.00 feet southerly from the northeast
corner of Lot 9 Block 3, Irvine's 2nd Addition to Saint Paul and terminating at the easterly right-of-
way line of said Drewry Lane distant 8.00 feet southerly from the northwest corner of Lot 13,
Block 2, Irvine's 2nd Addition to Saint Paul.
except as here noted:
by
of
under the ]aws of the Statz of Minnesota. .
SCOTT CHARLES RUPPERT
Natary Public
Minnesota
My Commission Exp3res danuary 31, 2408
�
n*«azy A,b�s �
My commission expires �� �/ ��/""'� V
** Please return this original copy to 140 City Hall, St. Paul, MN 55102 **
t
a�-sa �I
THE HONORABLE MAYOR AND MEMBERS
OF TF3 COiTNCII, OF THE In the Matter of :
_�. .---
--- --- — FiIQ tk�89� �
C1TY OF SAII�TP�1U� --------------- -- � --
The undersigned hereby certifies, on behalf of the indicated department or company, that it does not
intend to exercise its utility rights in the realry described below:
That portion of vacated Drewry I,ane lying south of the south line of Payne Avenue extended
northeasterly to the east line of said Drewry I,ane and lying north of a line beginning at a point along
the westerly right-of-way line of said Drewry Lane distant 8.Q0 feet southerly from the northeast
comer of Lot 9, Block 3, Irvine's 2nd Addition to Saint Paul and terminaung at the easterly right-of-
way line of said Drewry Lane distant 8.00 feet southerly from the northwest corner of Lot 13,
Block 2, Irvine's 2nd Addition to Saint Paul.
CERTIFICATE OF INTENDED NON-USE
except as here noted:
STATE OF MINNESOTA
COL'\TY OF RAMSEY
�sS
Saint Paul Regional Water Services
I� General Manager
�: ,. �? � /
The foregoing ms[cument was acknowlzdged before me this 4th day of November . 209�.
by Stephen P. Schneider ,che General Manager
of Saint Paul Regional Water Services a munic�al corQortation
undac the laws of [ha Statz of Minnesota_ .
; �,;,; 1 , JANET M. IINDGR£N
NOTRRY PUBLtC • MMWESOTA
` MYCOMMISSION
EXPIRES JAN. 31, 2010
Notazy Publi " ' � I
Mycomrlusstonexpir 'N d� a0/�
** Please return this original copy to 140 City Hall, St. Paul, MN 55102 *'`
o� 5ay
CER'�IFICATE OF INTENDED NON-USE
TFiE HONORABLE iVIAY( rR AND MEMB�RS
4� "fHE COUIQCII.OF TH 3 In the Matter of :
----S1T_X_OFS9IN7'PaUL.-------------- ------ F;iP�?nns_�na
The undersigned hereby cert fies, on behalf of rhe indicated department or company, that i[ does noc
intend to exercisa its utility ights in the realty described below:
That portion oP vacated Dr :wry Lane lying south of the South line of Payne Avenue extended
northeasterly to the east line �f said Drewry Lane and lying north of a line beginning at � poinl along
the westerly ri�ht-of-way li� ie of s�ud Drzwry Lane distant 8.00 feet soucherly from the northeast
corner oF Lot 9, Block 3, Irvi ic's 2nd Addi�ion to Saint Paul and terminating at the easterly right-of-
way line of s�id Drewry Lar e distanc 8.00 feet southeriy from the northwest comer of Loc 13,
Block 2, livine's 2nd Addici �n to Saint Paul.
except as hcre noted:
NoN�
Sl'A"1'G UF MINNLSOTA
���+�a
COUN7'Y Of
xc�� E�,�R��
rCS ��o R►Gt�rs �r�Nr
. �� �
�
Signacure
lhetorcgdnginstneulentwuaoknow9cdgaJbefa<nxd�is�dayoP�,�V �K— .20�
� rJRl9�/ (�Jj,}I �f , ,�w��lkl� QI('ti� A(�'�r
a lJbRfH�2, IJ P,THHTES Pou Ea2 (�r��l}t�J�! n (`PF�bRJ�i7BN __
w�Jer the laws of tlw St�te aC Minnasota , � 1 b 1 Q I�(.�.� �" ""�' �� �
( �
BONNiE JEAN AN[ �EF�
ppTAF1Y Ptl6U i
LNNE80T11
�r�bnFS�Pm IdU700�
Novuy Pu6Yic��ONkt-1 / �fwnu `'��!!�ur.c^.�^' "
My cuninua� cxpiccs � ! �J��
** Please return this uriginal copy to 140 City Hail, St. Paul, MN 55102 **
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C�o-5 ��{
TI� HONORABLE MAYOR AND MEMBERS
� �_ O F THE COUNCI OF T H E In the Matter of :
CITY OF SAINT PAUL i ------------- --------- e _ _
The undersigned hereby certifies, on behalf of the indicated department or company, that it does not
intend to exercise its utility rights in the realty described below:
That portion of vacated Drewry Lane lying south of the south line of Payne Avenue extended
northeasterly to the east line of said Drewry Lane and lying north of a line beginning at a point along
the westerly right-of-way line of said Drewry Lane distant 8.00 feet southerly from the northeast
comer of Lot 9, Block 3 Irvine's 2nd Addition to Saint Paul and terminating at the easterly right-of-
way line of said Drewry Lane distant 8.00 feet southerly from the northwest comer of Lot 13,
Block 2, Irvine's 2nd Addition to Saint Paul.
except as here noted:
CER7IFICATE OF INTENDED NON-USE
Northem States Power Company,
d/b/a Xcel Energy - Gas Division
STATE OF MINNESOTA
COUNTY OF RAMSEY
}ss
Its Senior Specialty Enqine_er
��� J`.��
Signature
The foregoing instrument was acknowledged before me this 12th day of January . zo9�
b Nick J. Boosalis, PE .u,e Senior Specialty Engineer
of Northem States Power Company d/b/a,Xcel Energy, a Public Utility
under the laws of tha State of Miunasota. .
JESSICALESLIE WiNKLER
Natary Public
,_ Mneeapt8
M Comm. Exp'ves Jan 3t, 20p8
Notary
My con
** Please return this origina! copy to 140 City Hall, St. Paul, MN 55102 **
o� -5ay
CERTIFICATE OF INTENDED NON-USE
THE HONORABLE MAYOR ANB 3vIE�1BERS
_ -----gg --- -- — — --- --------�a-�e-�attes-ef : --
CPFY OF SAINT PAi3L File # 2005-10A
The undersigned hereby certifies, on behalf of the indicated degartment or company, that it does not
iniend to exercise its utility rights in the realty described below:
That portion of vacated Drewry Izne lying south of the south line of Payne Avenue extended
northeasterly to the east line of said Drewry Lane and lying north of a liae beginning at a point along
the westerly right-of-way line of said Drewry Lane distant 8.Q0 feet souTherly from the northeast
corner of Lot 9, Block 3, kvine's 2nd Addition to Saint Paul and terminating at the easterly right-of-
way line of said Drewry Lane distant 8.00 feet soufl�erly from the northwest comer of Lot 13,
Block 2, Irvine'S 2nd Addition to Saint Paul_
except u here noted:
�c� �s� '1�c�CS i.) 0 1 (.c� R� � �o �E�"..�st"s
�T� S U L-zT �' \Z� .�E-��t � �--� ` � tE�. ��ek����
��� �
STATE 4F MINNESOTA
V�I�s�1�N�rd�}�
caurrrYOF�
i H-om�5 d-�'Ati<..F�,�i(
�
ItS �S �� N - C-l�:C i n� e:,E/'�— .
\ r `�`
Signature
;�+ � �-'
Tha foregoing insteumeni was acknowkdgzd bzfort me tMs /� _ day o£ �� ��- L�,4'ln�.l� . 2C Q�
by
of
d '�'` LINDAA. JUELICH
� �- Notary PublicMinnesota
�Y:
�?-,.:."' MpCe;r.,-:.�sc�onExpiresJan31.2070
tYotaty Public � -<��� � -���'`�-'�'`'`�'�
My commission eapiru �� 5 � a.20 ! D _
** Please return ihis original copy to �49-6i�}FHa+E, St. Paul, MN 55'102'� *
iao� C�ry Nrr�r. f��v.vE�c
a
under the laws of �he Statz of Minnuota. .
t�,-5 �y
s
_ -.. . . �'K'vYr S {'
a�ar�' �
OSP NaRanat SuppoR /
Fm�es[igarions
Dept 42864I,oc 107
2400 North Glem•i73e
Ricn�dson. TX i5082
MCI Network Services, Iut.
11%Ol/2�5
CTTY OF SAINT PAUL
Liada Murphy
140 City Hall
Saint Paul, MN 55102
RE: VACATIQN FILE NO. 2005-10A — EASEMENT VACATION REQUEST
— DREWRY LANE BE'TWEEN E. BEAUNIONT ST. AND N. PAYNE AVE. —
Saint Paul, Ramsey, Minnesota
MCI ID: 8899-2005
Dear Sir or Madam:
MCI has been notified by your o�ce regarding the above referenced project.
FOP y011T IECOP(�S in reviewing the area in question, it has been determined that MCI does
not have facilities within your praject area.
You should address correspondence concerning any future projects to ihe atten#ion of
OSP National Supportlinvestigations at the above address.
If you need further assistance wi#h this project, please do not hesiYate to catl.
Sincerely,
Bachelder
OSP National Support ( Investigations
(972) 729-6016
F�cum<nt_A7n &nr;i:r;>e
o6-5a�f
CERTIFICATE OF INTENDED NON-USE
THE HONORABLE MAYOR AND MEMBERS
OF THE COUNCIL OF THE
CITY OF SAINT PAUL
In the Matter of :
File # 2005-10A
The undersigned hereby certifies, on behalf of the indicated department or company, that it does not
intend to exercise its utiliry rights in the realty described below:
That portion of vacated Drewry Lane lying south of the south line of Payne Avenue extended
northeasterly to the east line of said Drewry Lane and lying north of a line beginning at a point along
the westerly right-of-way line of said Drewry Lane distant 8.00 feet southerly from the northeast
corner of Lot 9, Block 3, Irvine's 2nd Addition to Saint Paul and terminaung at the easterly right-of-
way line of said Drewry Lane distant 8.00 feet southerly from the northwest corner of L.ot 13,
Block 2, Irvine's 2nd Addition to Saint Paul.
except as here noted:
DISTRICT ENERGY ST. PAUL, INC., AND DISTRICT COOLING ST. PAUL, INC., HAVE NO
EQUIPMENT IN THE AREA TO BE VACATED AND HAVE NO OBJECTION TO THE �ACATION.
STATE OF MINNESOTA
COUNTY OP RAMSEY
��
�-1�15��� �.a �� �CO� �1 ` V �
ItS pf Q S i�
The foregoing instntment was acknowledged before me this '$+ day of N � V asr. F�n . 20�
by 1 Y� a-v-ll5 �1 . 0'S .a caa.ft.�-r the l'� Y C' s � ds-,��
ot �1)is1`r'lc�' h.xa.�... �oal�na ,� (Jr%� u TYlar�—era{i� corrara�lq-�s
undei the ]aws of 8�e State of iVS�nnesota. . S �� Y �'
TRUCY L. SF1ERNpOD
NOTARY PoIBLiC-MM�ESOTA
MY COMMfSS10N
EXPlRES JAN. 3i, 20 7 0
Notary A�blic �/.+..,� O \ - ���
My commission eap�res ��� �� �Q ! �
** Please return this original copy to 140 City Hall, St. Paul, MN 55102 **
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CouneiI Fyie # �S' �77
Green Sheet # 3027900
Presented by
RESOLUTION
OF SAINT PAUL, MINNESOTA ? �
BE TT RESOLVED, that, upon tfie petition of HCA Building Company, as documented in Real Estate
Division File.Number I 0-2005, public property hereinafter described are vacated and discontinues as
pubIic property:
4 Drewry Lane, as platted in Trvine's 2n Addition to Saint Paul, lying southerly of south line of
5 L,ot 7, Block 3, Irvine's 2n Addition extended easterly and lying north of a line begzvniug at a
6 • point atong the westerly right of way line of said Drewry Lane distant 8.00 feet sontherly from
7 the nartheast comer of Lot 9, said Block 3 and teruuuating at the easterly right of way line of
8 said Drewry Lane distant 8.00 feet southerly from the northwest corner of Lot 13, Block 2,
9 Irvine's 2° Addition to St. Paul.
10 BE IT FiJRTI=tER RESOLVED, that, this vacation shall be subject to the terms and conditions of
11 Chapter 130, codified March 1, 1981, of the Saint Paul legislative Code as amended, arid to the
12 following conditions:
13 1. That the petitioners, their successors and assigns shall pay $1,200.00 as an admiuistrative
14 fee for this vacation which is due and payable within 60 days of tiie effective date of the
15 resolution.
16 2. That the petitioners, their successors and assigns, shall be responsible for all costs and
17 eacpenses for the removal of street lights on any portion of vacated Drewry Lane.
18 3. That the petitioners, their successors and assigns, shall be responsible all costs and
19 expenses for the reconstruction of Drewry Lane to the satisfacrion of the Deparhnent of
20 Public Works, which sliall include, but not be limited to, street pavement, curb, gutter,
21 sidewalk, and boulevard.
22 4. That the petirioners, their successors and assigns, shall make application with Ramsey
23 County Department of Records and Revenue for the combination of Lots 8, 9, and 10,
24 Block 3, Irvine's 2" Addition, into one tasable parcel.
2S 5. That the petitioners, their successors and assigns, shall continue to provide access,
26 acceptable to the Fire Deparfinent, for the homes at 68� and 691 Drewry Lane until
27 removal of the fiomes or until the homes have been vacated and said properties are
28 completely fenced in.
b6-r�4 oS- $?7
2
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T'hat the petitioners their successozs and assigns, shall dedicate to the Ciry of Saiut Paul
an easement for street purposes on, over, under aad across the following described area:
The south 23.0 feet of the west 10.0 feet of Lot 13, Block 2,
_��on.fo�t. Paul. __. _
7. That the petitioners, their successors and assigns, a�ee to allow the City's street
maintenance equipment to pull into their parking lo� for maneuvering while performing
snow plowing and street maintenance fiwctions.
9 8. That the petitioners, tkeir successors and assigns, realize that due to the configurarion of
10 tha dead-end street a substanrial amount of snow may be plowed in front of their
11 drive�vay during City snow plowing operations, and they agree to be responsible foz the
12 removal of this snow from in front of their driveway.
13 9. That a permanent utility easement sha11 be retained on, over, under and across the vacated
14 area on behalf of the Boazd of Water Commissioners of the City of Saint Pau1, to reserve
15 the right of the Board to maintain and operate any water facility in or upon said easement
16 and to enter upon said easement, or any portion thereof, at any time and from time to
17 time, £or the purposes of future construction, reconstruction, inspection, maintenance, or
18 repair of the same or, any part thereof. Said utility easement shall be subject to the
19 following requirements:
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a. No buiZdings, structures, trees or any temporary structure, matezial storage,
fixture, or any other obj ects wfiich may prohibit normal access to utility facilities
for maintenance purposes wiil be permitted within the easement area.
b. Improvements in or upon the above described easement that do not prohibit the
Board from exercising its reserved rights may be allowed by obtainuig writtan
pernussion from the Saint Paul Regional Water Services with the understanding
that the restoration and costs of such improvements shail be the sole responsibility
of the pefitioner, its successors and assigns in the event the Board excercises its
reserved easement rights.
a Should it be necessary that the petitioner's warks or improvements be removed or
damaged as a resuit of tha Saint Paul Regional Water Service's operations, all
removal, replacement or modification costs shall be borne solely by the petitioner.
�
e.
No change from the existing grade within the easement area shall be permitted
without written permission from Saint Paul Regional Water Services.
No change in surfacing within the easement area shall be permitted without
written permission from Saint Panl Regional Water Services.
f. The petitioner, its successors and assigns shall fully indemni£y, defend, and save
hazmless the Board of �Vater Commissioners of the City of Saint Paui, its officezs,
agents, empioyees, 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
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pipe, water main or connectioa ia said reserved ease�m�t arising out of or
resulting from any action or negligence of the petitioner, its employees, agents, or
business invitees.
agree to indemnify, defend and save harmless
the City of Saint Paul, its officers and employees from a suits; aotic���- �*^ ^`.t a.uy
cfiazacter brought as a result o£ injuries or damages received or sustained by any person,
persons or property on account of this vacarion or petitioners' use of this properry, including
but not limited to, a claim brought because of any act of omission, neglect, or misconduct of
said petitioners or because of any claims or liability arising from any violation of any law or
regularion made in accordance with the law, whether by the petitioners oc any of their agents
or employees.
11. That the petitioners, their successors and assigns shall, within 60 days of the ef£ective 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 a11 respects with these terms and conditions.
Benauav
Bostrom
x�s
Helgen
Montgomery
1'hune
Adoprioa Certified by Council Secretary
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Adopted by Councff: Date
Requested by Deparhnent of: '
PUB
By.
Fo pro ed by Ciry Att�ney l/ �
3
for Sub
Approvedb�N�ayg4: Date