07-374Retum copy to: jmb
Public Works Tech. Services
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Council File # O J7�7
Green Sheet # 3�p 7 -
RESOLUTION
�ITY OF SAINT,PAUL, MINNESOTA
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Presented bv , � ,— i'. .
1 WIIEREAS, that, upon the pefition of Joseph Vance, as documented in Public Works Technical
2 Services, Vacation File Number 37-2004, the public property therein described, was vacated by
3 Council File Resolution 06-1096; and
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WHEREAS, it has since been discovered that the legal description contained minor errors that
did not in any substantive manner alter the azeas of vacation, but instead altered the wording of
said descriptions; and
WHEREAS, the above-referenced resolution did not legally describe the pedestrian easement
noted in condition #5 of that resolution, and the City now wishes to add that legal description;
therefore let it be
RESOLVED, that the amended legal descriptions for the area of vacation reads as follows:
Como Place from Como Avenue, as improved, south to a line 40 feet
north of and para11e1 to the northerly line of Frank Crowell Addition,
extended southwesterly. Reference: EXHIBIT `A'; and be it filrther
RESOLVED, that the legal descriptions for the pedestrian walkway easement reads as
follows:
The southerly I S feet of the BNSF Railroad properry bounded on the West
by the easterly line of Como Place and on the East by the southwestexly
line of Como Avenue. Reference: EXHIBIT `A'; and be it finally
RESOLVED, that all other terms and conditions of previously approved Council File
resolution 06-1096 shall remain in full force and effect
1�'
0 7- 37�
Vacation file 37-2004
Amended Resolution
Page 2 of 2
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Requested by Departrnent of:
Adoption Certified by CouncIl Secretary
BY� � � </l ��
Approved by � oY: te �/ U 7
By: `'��
Adopted by Council: Date `�/� 5�,�7
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
O � 37�
P�l�/ — Public Works
OSAPR-07
Green Sheet NO: 3038437
Contad Person & Phone:
Jean Borgen
26Fr8866
Must Be on Council Agen�
25-APR-07
Doc. Type: RESOLUTION
E-Document Required: N
Document Contact:
Contact Phone:.
� 8
Pssign 1
Number 2
For
Routing 3
Order 4
5
blic Works
Clerk CS C7erk
Total # of Signature Pages �� (Clip All Loeations for Signature)
Action Requested: Q( �
CONSENT AGENDA. Amending previous resolurioq�to coaect eaor in lega( description and omission of another legal description.
Planning Commission 1. Has this persoNfirm ever worked under a contract for this deparlmeM?
CIB Committee Yes No
Civil Service Commission 2. Has this person/firm ever been a city employee?
Yes No
3. Does this persoNfirtn possess a skill not normally possessed by any
curtent city employee? _
Yes No
Expiain all yes answers on separete sheet and aMach to green sheet
initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
City Suryeyor's Office found eaor in legal descriptions and requested coaectioa
Advantages If Approved:
Previously approved resolution will be corrected.
Disadvanfages If Approved:
None foreseen.
Disadvantages H Not Approved:
Resolution will contain an uncoirected error.
ToYal Amount of
Transadion:
Funding Source:
Financial InTormation:
(6cplain)
CosURevenue Budgeted:
Activity Number:
� RECEIVED
APR 1 R 9nm
MAYOR'S OF�'IGE
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April 5, 20Q7 1:12 PM Page 1
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Pubiic Works Tech. 3ervices
1000 Cify Hait Annex
Preseated By
Referred To
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RESOLUTlON
CITY OF SAUVT PAUL, MINNESOTA
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Committce: Date
BE IT I2FSOLYED, that, upon tha perition of the Joseph Vance, as tlocumented, in the
Department of Public Works, Technicai Services Division, as Vacation File #37-2004, the
public property hereinafter described is hereby vacated and discontinued as public property,
subject to the herein stated exceptions.
b The orooertv to be vacaYed is as foilows : Como Piace from Como Avenue, as
7 improved, south to a line 4(? feet north of and pazallel to the southerly tine
8 of Lot 26, T..ake Como Villas, extended southwesterly. Reference: EXHIBIT `°A"
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BE IT Fi3RTHEB RESQLVEA, that, subject to xhe herein sYated exceptions and with the
accompanying USlity Easement Certificates of Intended Non-Use, filed voluntariIy on behaif
of, Qwest Corporation, Northern States Power Company d.b.a. Xcel Energy (Electric
only),Comcast, Market Street Energy Company for D'zstrict Energy of St Paul and the
City of SL Paul Aepartment of Public Works, made a gart hereof by this reference and
filed in the office of the City Clerk of 3t. Paut, the City, for itself and on behalf of these
corporations and departments, waives the right to the utility easements in the vacated area
described above and as referenced in said EXATBTT "A".
This vacafion shall be subject to the terms and condition of Chapter 130, codified 1VIarch 1,
1981, of the Saint Paul Legislarive Code as amended, and to the following conditions:
1. That the petirioner's, their successors and assigns shall pay $600 as an administrauve fee
for this vacation which is dae and payab2e within 60 days of the effective date of this
resolution.
2. That an easement shall be retained by the St. Paul Regional VJater Services (SPRWS) for
an existing water main in the azea, the condifions outlined in the Standard Easement
Provisions for the SPRWS, dated February 8, 2002, shall be applied to said easement.
3. That a permanent utiIiry easement shall be retained wit4tin fhe vacated area north of the
current Burlington NortherulSanta Fe (BNS� Railroad Property, to protect the interest of
Xcef Energy Gas Distribution. If needed, Xcel Energy Gas Dishibution will release its
easement rights in the subject vacated area only when all existing gas distribution faciIities
currently located wiUvn the described easement uea have been properly removed and
retocated, the cost of which is paid for by the Petitioner, its successors or assigns.
Cauncii File # D� L09(�
Green Sheet # 3034644
D�-371�
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4. The City of St. Paul, Department of Pnblic Works (Public Works) releases its easement
rights in the vacated area sub}ect to the future redeveIopment of Petitioner's property at
Lots 6, 7, 8 and 9, Block 3, Como Addition. That aay removal, relocation or reconscruction
of fig�ting, si�age or any other pab2ic imgrovements in the right-of-way being vacated will
be completed by Pub2ic Works aT the expense of the peririoner, its snccessors or assigns. The
petitioner, its successors or assigns are responsible for the reconstrucuon of the vacated
street and the relocation of any pabfic utilities, under the proper permits, ta the satisfaction
of the said Public Works_
5. A pedestrian easement wiI1 be provided by the BNSF Railroad and accepted by the
City of St. Paul to connect Como Piace to Como Avenue.
6. That the petitioners, their successors and assigns agree to indemnify, defend and save
hazmless the City of Saint Paul, its officers and employees from aIl suits, actions or claims of
any character brought as a result of injuries or damages received or sustained by any person,
persons or property on accouni of this vacation or peritioners use of this property, 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 ar 1"sability azising from any violation of any law or
regulation made in accordance with the law, wheiher by the petitionezs or any of their agents
or employees.
1. That the peridoners, their successors and assigns shall, within 60 days of the effective date
of this resolution, file with the Caty Clerk an accepiance in writing of the condirions of this
resolufion and shall, within the period(s) specified in tha terms and conditions of this
resolufion, comply in all respects with these terms and conditions.
Yeas u Nays � Absent
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Requested by Department of:
Public Works
B CG�/��2.�
Form Ap,proved by
Director
Adopted by Couneit:
Adoption Certified by �oun�iI Secretary
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Approv d y yo •: Date Z- /� a
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