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Public Works Tech. Services
1000 City Hall Annes
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Presented by
Cauncil File # O � fj'
Green Sheet # 3036284
PAUL, MINNESOTA
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WEIEREAS, that, upon the petifion of JAS Apartments, Inc., as documented in Public Works
Technical Services, Vacation File Number 21-2006, the public property therein described, was
vacated by Council File Resolution 06-1007; and
WHEREAS, it has since been discovered that the legal descriptions contained minor enors that
did not in any substantive manner alter the areas of vacation, but primarily altered the wording of
said descriptions; therefore let it be
RESOLVED, that the amended legal descriptions for the azeas of vacation read as follows:
All that part of vacated Sibley Street described as follows:
Commencing at the most southerly corner of Block 28, City of Saint Paul
(sometimes referred to as Saint Paul Proper), Ramsey County, Minnesota; thence
northwesterly along the southwesterly line of said Block 28 a distance of 14.87
feet to the actual point of beginning of the tract of land to be described; thence
southwesterly along the southwesterly extension of the northwesterly line of
Kellogg Boulevard a distance of 0.14 feet thence northwesterly to a point on
said southwesterly line of Block 28, said point being 3531 feet northwesterly of
the point of begimiing, as measwred along said southwesterly line; thence
southeasterly along said southwesterly line of Block 28 to the point of beginning.
And a11 that part of vacated Wacouta Street described as follows:
Commencing at the most easterly corner of Block 28, City of Saint Paul
(sometimes referred to as Saint Paul Proper), Ramsey County, Minnesota; thence
northwesterly along the northeasterly line of said Block 28 a distance of 15.00
feet; thence northeasterly along the northwesterly line of Kellogg Boulevard and
its northeasterly extension a distance of 0.12 feet to the actual point of beginning
of the tzact to be described; thence southwesterly along the last described course
a distance of 0.12 feet; thence northwesterly along the northeasterly line of said
Block 28 a distance of 150.12 feet; thence northeasterly parallel with said
northwesterly line of Keliogg $oulevazd and its northeasterly extension a
distance of 0.10 feet; thence southeasterly a distance of 150.12 feet, more or less,
to the point of beginning.
And therefore be it finally
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RESOLVED, that all other terms and condirions of previously approved Council File
resolution 06-1007 shall remain in fuil force and effect.
Requested by Depamnent of:
Public Wor s
By:
/;
Forzn Approveil by City
By:
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Adopted by Council: Date a�7�Q �
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Adoprion Certified by Council Secretary For
BY: �' $
Approvedby � ate ���C�'
By:
for
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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P�/ Public Woi3cs
Contact Person & Phone:
Jean Borgen
266-8866
Must Be on Council Agend:
37JAN-07
Doc. Type: RESOLUTION
E-Doeument Required: N
Document CoMact:
ContaM Phone:
Total # of Signature Pages�
77-JAN-07
�►
Assign
Number
For
Routing
Order
All Locations for Signature)
Green Sheet NO: 3036284
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abtic Works Bruce Beese �j 1-1 $�
'ty Attorney _ dndy Hanson L2 P- a[� O
: rv
a or's Office Ms �orlAssistaot
onnc8
' Clerk Ci Clerk
CONSENT AGENDA. Resolufion to amend the legal description of previously vacated small portions of Sibley and Wacouta streets
as vacated in CF 06-1007.
Planning Commission
CIB Committee
Civil Service Commission
7. Has this persoNfirm ever worked under a conVact for this department?
Yes No
2. Has fhis person/firm ever been a city employee?
Yes No
3. Does this pewodfinn possess a skiA not frortnaRy possessed by any
curtent city employee? .
Yes No
E�cplain all yes answers on separate sheet and attach to green sheet
Inftiating Problem,l5sues, Opportunity (Who, What, When, Where, Why):
Surveyorfor pefitioner discovered legal description not en6rely accurate when it was submitted to County for replatting.
Advantages If Approved:
Vacation will be correcfly indentified in legal description.
DisadvanWges NApproved:
None foreseen.
DisadvanWges If NotApproved:
Plat will contain inaccurate information. �`�`!�`v'^� +�-���� '
Total Amount of u��a �' �
Transaction: CosURevenue Budgeted:
Fundi�g Source: � Adivtty Number. ,
Financial Information: peti6oner previously paid $1200 for the vacation now being amended.
(E�cplain) .
JAN 2 3 2007
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company; made a part hereof by this reference and filed ut the office of the City Clerk of Saint
Paul, the City, for itself and on behaif of shese coiporations and departments, waives the right to
the street right-of-way and utility easements in the area to be vacated, described above aud
subject Yo fhe following, inciuding:
This vacation shall be subject to the terms aud condition of ChapYer 130, codified March 2,1981,
of the Saint Paul Izgislafive Code as amended, and to the following conditions:
1. That the petitioners, their successors and assigns shall pay $12DO.OQ as an adwinishative
fee for tUis vacation wluch is due aud payable within 54 days of the effective date of tfiis
resolution.
2. That MCI Network Servi ces, Inc. shall retain an easement abutting the vacated azeas
within Sibley and Wacouta Streets for itself, its successors and assigns, for the purpose of
maintaining, repairing and replacing existing telephone and/or cable lines for so long as
MCI maintains such lines in the vacated area. Fxcept for the existing stxucture, no
buildings, structures, trees or any temporary stxuctures, material storage, fiYture or any
other objects which may prohibit nornaal access to facilities for maintenance purposes will
be permitted with the easement azea.
That Noi2hern States Power Company, dba Xcel Energy - Electric ("Xcel'� shall retain an
easement abutting the vacated area within Sibley Sh�eet for itsel£, its successors and
assigns, fot the purpose of maintainuig, repairing and repiacing existing electrictil lines
and facilities for so long as Xcel maintains such lines in the vacated area. Except for the
eacisting structure, no buildings, structures, trees or any temporary structures, material
stomge, 6xttue oT any other objects which may prohibit aormal ac�ess to faciIities for
maintenance gwposes will be permitted with the easement area.
4. Districf Energy, Saint Paul, Inc. shall retain easements and rights abutting fhe vacated
right-of-way area. Should any urility relocation be required, cost reunbursement is agreed
to by the petitioner, its successors andfor assigns for any required ufility retocation or
special pravisions and subject to the £ollowing conditions:
a. District Energy St. Paul, Inc. has aud shail be permitted to maintain direct buried
heating facilities within the area defined for street vaca#ion.
b. A uti&ty easement, subsurface, surface or overhead rvithin ttze entire defined area
shall be retained in the right-of-way foz the benefit of 13istrict Energy S� Paul. Tnc
to maiutain, inspect, repair, constnzct or reconstruct the existing heating utility or
any new facilities related to the heating and cooling piping andlor hearing and
cooling equipment or any part thereof and to enter upoa said easement or any
portion at any rime and from time to rime.
c. If a utility relocation or special provisions are required on existing heating utility
or any new facilities, it shall only be completed by District Energy St. Paul, Inc,
its agents and its designaTed contractors. Full and complete cost reimbursement is
required for any required relocation or special provisions of tfie piping in the azea
or adjacent io the street vacation.
d. The direct buried hearing facilities and future cooling facilities within the street
vacafion azea and the azea defined far utiliiy easement purposes will be used to
serve the various buildings. District Bnergy St Paul, Inc. and I?istrict Cooling St.