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08-103GS 3049030 Return copy to: jmb Pnblic Works Tech. Services 1000 City Hall Annex Presented by Council File # OS -Io3 Green Sheet # 3049030 SAINT PAUL, MINNESOTA RESOLUTION 31 2 BE IT RESOLVED that, upon the petition of the Oppidan Inc., as documented in Public Works 3 Tecluucal Services, Vacation File Num6er 12-2007, the public right-of-way hereinafter 4 described, as follows and on attached map Exhibit A, was vacated and discontinued as public 5 property by CF 08-61: 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 The alley in Block 1, Kiefer Park, according to the recorded plat thereof, Ramsey County, Minnesota, lying easterly of the Northern Pacific Itailroad east right-of-way line and lying westerly of the southerly extension of the east line of Lot 7, Block 1, said Kiefer Park; and That part of East Rose Avenue lying easterly of the Northern Pacific Railroad east right-of-way line and lying westerly of the northerly extension of the east line of Lot i, Block 2, Kiefer Park, according to the recorded plat, thereof, Ramsey County, Minnesota and that part of Lots 16 and 17, Block 1 said Kiefer Park and that part of Lots 12 and 13 said Block 2, lying between the north and south lines of East Rose Avenue and the arc of a circle having a 50 foot radius, the point of radii of said circle being on the center line of adjoining East Rose Avenue distant 65 feet East from the intersection of said center line with the extension north of the west line of Block Z; and The alley in Block 2, Kiefer Park, according to the rewrded plat thereof, Ramsey County, Minnesota, lying easterly of the Northern Pacific Railroad east right-of-way line and lying westerly of the southerly extension of the east line of Lot 1, Block 2, said Kiefer Park; and and be it further RESOLVED that, subject to the herein. stated exceptions and with the accompanying Certificates of Intended Non-Use, filed voluntarily on behalf of: City of Saint Paul, a municipality — Pubiic Works — Sewer Utility; Saint Paul Regional Water Services, a municipal corporation; made a part hereof by this reference and filed in the office of the City Clerk of Saint Paul, the City, for itself and on behalf of these corporations and departments, waives the right to the utility easements in the area vacated, described above. 1. Public Works will release the public drainage easement over the segment of the northern alley that was vacated, provided the westbound storm water runoff from the alley segment GS 3049030 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 D$�Id� that will remain public is provided for. Other adjoining properties aze not to be adversely affected in any way. 2. All other terms and conditions of the original Vacation File, approved as Council File 08- 61, shall remain in full force and effect. That the petitioner, their successors and assigns agree to indeinnify, defend and save harmless the City of Saint Paul, its officers and employees from all suits, acrions or claims of any chazacter brought as a result of injuries or damages received or sustained by any person, persons or property on account of this vacarion, or the petitioners' use of this property, including but not lunited to, a claim brought because of any act of omission, negiect, or misconduct of said petitioners or because of any claims or liability arising from any violation of any law or regulation made in accordance with the law, whether by the petitioners or any of their agents or employees. Stazk Bostrom Hazris Helgen Carter 1'hune Requested by Deparhnent of. �-- • , � � � �-- : I . �� II. �I �` .. . ✓ Adopted by Council: Date �� Adoption Certified by Council Secretary BY� ' r'!G/ i Approve�d b ay • Date � By: 70 Form Approvg � ey f! BY= / i Form A roved Ma for tpjs ion Cou il By: G�� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � D8 �I03 pyy -�nso wo� Contad Person & Phone: Jean Borgen 266-8866 Must Be on Council Age� Doc. Type: RESOLUTION E-DOeumeM Required: N Doeumefrt ContxC ConUet Phor�e: 22-JAN-08 � Assign Number For Routing Order Total # of Signature Pages _(Clip Ail Locations for Signffiure) Green Sheet NO: 3049030 0 blic Works I Rablic Works I Depar�eM Director Ii 2 ' Attorne C6ad S1sd 3 a or's Olfice ' Ma or/ASSistant 4 onoul 5 ' Clerk Ci Clerk CONSENT AGENDA. Recently vacated Rose Ave. and alleys north and south of Rose now have Certificates of Intended Non-Use by Public Works Sewers and St. Paul Regional Water Services. itlavons: Approve (A) or Reject (R): PersonalSBrvice Gontracts Must Answer the Following Questions: Planning Commission 7. Has this personlfirm everworked under a contradfw this department7 CIB Committee Yes No � Civii Service Commission 2. Has this persoNfirm ever been a aty employee? Yes NO 3. Does this perwn/firm possess a skill not rwrtnally possessed by any wrrent aty employee? Yes , No Explain all yes answers on separete sheet and altaeh to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Developer for Gytb Foods is preparing site to redevelop. Advantages If Approved: Development documentation is consistent with intent of utilities. Disadvanqges N Approved: None foreseen DisadvanWges If NM Approved: Documentation inconsistent wi[h intent of utilities. Transaction: Funding Source: Financial Information: (Explain) Activity Number. � JAN 2 8 2009 CostlRevenue Budgeted: January 22, 2008 2:05 PM Page 1 b$ -ID�'i CERTIFICATE OF INTENDED NON-USE THE HONORABLE MAYOR AND MEMBERS OF THE COUNCII. OF THE CITY OF SAINT PAUL In the Matter of: Vacation File # 12-2007 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: Rose Avenue between Clarence Street and RR R/W,• alley in block 2, Kiefer-Park Addition, part of alley ir� block 1, Kiefer-Park Addition west of the westerly line of lots 6 and 23. except as here noted: STATE OF MINNESOTA COUNTYOF RAa�S�Y J �m/ ��si_flA+.��Pyg�il tval�S Its //�� LYG/�" // � � � / ��/f �11d' L ��/ � Signature The fo�egoing instrument was acla�owledged befo�e me this �'� day of F�d_ . 20 �� BY C�n�.�,�. c� I� J af �r�,��,a��.�s �. ' �neniM'y."1Fi9CS7AD �, �l 1�4_4�-u-C� NOTAFYPU81,iC-1AWNESOTA NotaryPublic ID /,iA/s 7�Com�nmionp�prrp.ua 3t 20tt i � • My cortunission expires �� z-� � RETURN SIGNED/NOTARIZED COPY TO 1000 CITY HAL ANNEX, 25 W. 4` St., ST, ST. PAUL MN 55102 bB �lD 3 CERTIFICATE OF INTENDED NON-USE THE HONORABLE MAYOR AND MEMBERS OF "I`HE COUNCIL OF THE CITY OF SAINT PAUL In the Matter of: Vacation File # 12-2007 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: Rose Avenue between Clarence Street and RR R/W,• alley in block 2, Kiefer-Park Addition; part of alley in block 1, Kiefer-Park Addition west of the westerly line of lots 6 and 23. except as here noted: STATE OF MINNESOTA COUNTY OF �� <�.,;.,,, Saint Paul ReQional Water Services Its General �� Signature S ephen P. Schneider The foregoing instrument was acknowledged before me this 9 th day of January , Zo �$ g Stephen P. Schneider, General Manager o f Saint - Paul:Begional Water Services municipal corporation under the ]aws of [he State of Minnesota. . - o Notary Public My cownission expires - ` 02� ZJ RETURN SIGNED/NOTARIZED COPY TO 1000 CITY HAL ANNEX, 2 . 4`� St., ST, ST. 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