99-754 (2) /72 °
ENTERED IN TRANSFER RECORDS ! 7 C/2
J ��� , SC# _ l �
DIRECTOR, FRO ER T y T.AXATION
amsey County, Fflnnasota TUt][ FEB 1 1 P 2: 30
a
CO J TY R CO DER
STATE OF MINNESOTA )
COUNTY OF RAMSEY ) ss. !
CITY OF ST. PAUL )
!,
CD
I, Shari Moore, Deputy City Clerk of the City of Saint Paul, Minnesota,
C7
do hereby certify that I have compared the attached copy of Council File No.
99-754 as adopted by the City Council on August 25, 1999 and approved by
the Mayor on September 2, 1999 with the original thereof on file in my office.
I further certify that said copy is a true and correct copy of said original
and the whole thereof.
WITNESS, my hand and the seal of the City of Saint Paul, Minnesota
this 10th day of February, 2000.
DEPUTY CITY CLERK
Gay of.+ flul
I '/' 17OGiyNoll
Return copy to: 3306625 Council File# ctct-9 Sy
Real Estate Division
140 City Hall t1,2 Green Sheet # 6311 \
V RESOLUTION
ORIGINAL CITY OF SAINT PAUL, MINNESOTA 145
Presented By ‘144771"2
Committee: Date
Referred To
1 BE IT RESOLVED, that, upon the petition of the City of Saint Paul on behalf of the Department of
2 Public Works, as documented in Finance Department File Number 7-1999, public properties hereinafter
3 described are hereby vacated and discontinued as public property and, subject to the herein stated
4 exceptions, the easements within those public properties are hereby released.
5 The property to be vacated is described as follows:
6 All that part of Johnson Parkway lying North of East Magnolia Avenue and South of Prosperity
7 Avenue described as follows:
8 Commencing at the intersection of the north line of East Magnolia Avenue with the east line of
9 Prosperity Avenue, vacated in Council File number 84-402 and document number 2224803;
10 thence South 89 degrees 54 minutes 16 seconds West, assumed bearing, on the north line of East
11 Magnolia Avenue 49.84 feet, to the west line of a 35 foot wide sanitary sewer easement, as per
12 document number 2224803; thence North 13 degrees 51 minutes 18 seconds West, along said
13 west line of the 35 foot wide sanitary sewer easement, 37.74 feet, to the point of beginning;
14 thence continue along said west line, North 13 degrees 51 minutes 18 seconds West 82.88 feet;
15 thence northeasterly along a non-tangential curve, concave to the southeast, having a chord
16 bearing North 10 degrees 49 minutes 39 seconds East, a chord distance of 115.95 feet , a radius
17 of 605.00 feet and a central angle of 10 degrees 59 minutes 42 seconds, for an arc distance of
18 116.10 feet to the east line of vacated Prosperity Avenue; thence North 13 degrees 51 minutes 18
19 seconds West 32.98 feet along said east line, to the southeasterly line of Prosperity Avenue;
20 thence North 34 degrees 43 minutes 42 seconds East 19.18 feet, along said southeasterly line of
21 Prosperity Avenue; thence South 48 degrees 21 minutes 46 seconds West 140.99 feet; thence
22 South 41 degrees 27 minutes 06 seconds East 41.76 feet; thence on a tangential curve, concave to
• 3 the southwest, having a radius of 413.08 feet, and a central angle of 19 degrees 13 minutes 15
24 seconds, for an arc distance of 138.58 feet to the west line of said sanitary sewer easement, the
25 point of beginning.
26 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the
27 Saint Paul Legislative Code as amended, and to the following conditions:
28 1. That a permanent utility easement shall be retained on, over, under and across the vacated area on
29 behalf of the City of Saint Paul, Department of Public Works to reserve the right of the City to
30 maintain and operate any sewer in or upon said easement and to enter upon said easement or any
31 portion thereof at any time and from time to time, for the purposes of future construction,
32 reconstruction, inspecting, maintaining or repairing the same or any part thereof. Said utility
33 easement shall be subject to the following conditions:
ckg-n s y
3306625
1 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any
2 other objects that will prohibit normal access to utility facilities for maintenance purposes
3 will be permitted within the easement area.
4 b. Improvements in or upon the above described easement that do not prohibit the City from
5 exercising its reserved rights may be allowed by obtaining written permission from the
6 Department of Public Works Sewer Division with the understanding that the restoration
7 and costs of such improvements shall be the sole responsibility of the petitioner, its
8 successors and assigns in the event the City exercises its reserved easement rights.
9 c. No change from the existing grade within the easement area will be permitted without
10 written permission from the Department of Public Works.
11 d. No change in surfacing within the easement area will be permitted without written
12 permission from the Department of Public Works.
13 e. The petitioner, its successors and assigns shall indemnify, defend, and save harmless the
14 City of Saint Paul, its officers, agents, employees, and servants from all suits, actions, or
15 claims which shall arise from any injuries or damages received or sustained by any break
16 in any service pipe or connection in said reserved easement arising out of or resulting
17 from any action or negligence of the petitioner, its employees, agents, or business
18 invitees.
19 2. That a permanent utility easement shall be retained within the vacated area on behalf of the City
20 of Saint Paul, Board of Water Commissioners subject to the following restrictions:
21 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or
72 other object that will prohibit normal access to water facilities for maintenance purposes
23 will be permitted within the easement area,.
24 b. No change from the existing grade will be permitted without written permission from the
25 Water Utility.
26 c. No change in surfacing within the easement area will be permitted without written
27 permission from the Water Utility.
28 d. The petitioner, its successors and assigns shall fully indemnify, defend and save harmless
29 the Board of Water Commissioners, its officers, agents, employees, and servants from all
30 suits, action or claims which shall arise from any injuries or damages received or
31 sustained by any break in any service pipe, water main, or connection in said reserved
32 easement, arising out of or resulting from any action or negligence of the petitioner, its
33 employees, agents or business invitees.
34 3. That a permanent utility easement shall be retained within the vacated area to protect the interest
35 of Northern States Power Company.
36 4. That, with the accompanying Utility Easement Certificates of Intended Non-Use, filed
37 voluntarily on behalf of U.S. West Communications. Incorporated, District Energy St. Paul,
38 Incorporated, MCI Metro Incorporated and MediaOne, made a part hereof by this reference and
39 filed in the office of the City Clerk of Saint Paul, the City, for itself and on behalf of these
40 corporations and departments, waives the right to the utility easements in the vacated area
41 described above.
'- coq -'1 S y
3306625
1 5. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this
2 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution
3 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in
4 all respects with these terms and conditions.
5 BE IT FURTHER RESOLVED, that, as provided in paragraph 5. of the development agreement
6 between Jerry's Enterprises, Inc. and the City of Saint Paul dated November 3, 1998, the proper City
7 officials are hereby authorized and directed to convey to the said Jerry's Enterprises , Inc., by quit claim
8 deed, title to the properties hereby vacated.
9 BE IT FURTHER RESOLVED, that, as provided in Paragraph 13.01.1. of the City Charter, the
10 Department of Public Works shall reimburse the Department of Parks and Recreation for that part of the
11 property hereby vacated and conveyed, approximately 2,383 square feet, that was originally acquired for
12 Park Purposes. Reimbursement shall be in the amount of$5,400.00, fair market value as established by
13 independent appraisal.
ORIGINAL
I Yeas Nays Absent
I Benanav ■ Requested by Department of:
Blakey Technology & Management Services
I Bostrom ,/
Coleman ,
[ Harris ✓ By: at i A%Ail------
rector
Lantry ,/-
Reiter 1, ✓ Form Approved by City Attorney
Adopted by Council: Date ��
,� n By: ..77(44-ailvii.c...._ -7--/r- II
Adoptio Certi ied by Council Se tary
By: `' (1 .3-- . 1. Approved .y Mayor for •missio► to ouncil
Approved „, or: bate) (Ti' - N.` V't .-
B k 1 v� By. A I� ' in�i
Y
/77 111111/ ir
Qi•
C!1
Return copy to: Council File# qq-9 Sy
Real Estate Division
140 City Hall Green Sheet# G 3/ 11
RESOLUTION
ORIGINAL CITY OF SAINT PAUL, MINNESOTA �5
Presented By / /1/
Referred To Committee: Date
1 BE IT RESOLVED, that, upon the petition of the City of Saint Paul on behalf of the Department of
2 Public Works, as documented in Finance Department File Number 7-1999, public properties hereinafter
3 described are hereby vacated and discontinued as public property and, subject to the herein stated
4 exceptions, the easements within those public properties are hereby released.
5 The property to be vacated is described as follows:
6 All that part of Johnson Parkway lying North of East Magnolia Avenue and South of Prosperity
7 Avenue described as follows:
8 Commencing at the intersection of the north line of East Magnolia Avenue with the east line of
9 Prosperity Avenue, vacated in Council File number 84-402 and document number 2224803;
10 thence South 89 degrees 54 minutes 16 seconds West, assumed bearing, on the north line of East
11 Magnolia Avenue 49.84 feet, to the west line of a 35 foot wide sanitary sewer easement; as per
12 document number 2224803; thence North 13 degrees 51 minutes 18 seconds West, along said
13 west line of the 35 foot wide sanitary sewer easement, 37.74 feet, to the point of beginning;
14 thence continue along said west line, North 13 degrees 51 minutes 18 seconds West 82.88 feet;
15 thence northeasterly along a non-tangential curve, concave to the southeast, having a chord
16 bearing North 10 degrees 49 minutes 39 seconds East, a chord distance of 115.95 feet , a radius
17 of 605.00 feet and a central angle of 10 degrees 59 minutes 42 seconds, for an arc distance of
18 116.10 feet to the east line of vacated Prosperity Avenue; thence North 13 degrees 51 minutes 18
19 seconds West 32.98 feet along said east line, to the southeasterly line of Prosperity Avenue;
20 thence North 34 degrees 43 minutes 42 seconds East 19.18 feet, along said southeasterly line of
21 Prosperity Avenue; thence South 48 degrees 21 minutes 46 seconds West 140.99 feet; thence
22 South 41 degrees 27 minutes 06 seconds East 41.76 feet; thence on a tangential curve, concave to
23 the southwest, having a radius of 413.08 feet, and a central angle of 19 degrees 13 minutes 15
24 seconds, for an arc distance of 138.58 feet to the west line of said sanitary sewer easement, the
25 point of beginning.
26 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the
27 Saint Paul Legislative Code as amended, and to the following conditions:
28 1. That a permanent utility easement shall be retained on, over, under and across the vacated area on
29 behalf of the City of Saint Paul, Department of Public Works to reserve the right of the City to
30 maintain and operate any sewer in or upon said easement and to enter upon said easement or any
31 portion thereof at any time and from time to time, for the purposes of future construction,
32 reconstruction, inspecting, maintaining or repairing the same or any part thereof. Said utility
33 easement shall be subject to the following conditions:
•
c -1S y
1 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any
2 other objects that will prohibit normal access to utility facilities for maintenance purposes
3 will be permitted within the easement area.
4 b. Improvements in or upon the above described easement that do not prohibit the City from
5 exercising its reserved rights may be allowed by obtaining written permission from the
6 Department of Public Works Sewer Division with the understanding that the restoration
7 and costs of such improvements shall be the sole responsibility of the petitioner, its
8 successors and assigns in the event the City exercises its reserved easement rights.
9 c. No change from the existing grade within the easement area will be permitted without
10 written permission from the Department of Public Works.
11 d. No change in surfacing within the easement area will be permitted without written
12 permission from the Department of Public Works.
13 e. The petitioner, its successors and assigns shall indemnify, defend, and save harmless the
14 City of Saint Paul, its officers, agents, employees, and servants from all suits, actions, or
15 claims which shall arise from any injuries or damages received or sustained by any break
16 in any service pipe or connection in said reserved easement arising out of or resulting
17 from any action or negligence of the petitioner, its employees, agents, or business
18 invitees.
19 2. That a permanent utility easement shall be retained within the vacated area on behalf of the City
20 of Saint Paul, Board of Water Commissioners subject to the following restrictions:
21 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or
22 other object that will prohibit normal access to water facilities for maintenance purposes
23 will be permitted within the easement area,.
24 b. No change from the existing grade will be permitted without written permission from the
25 Water Utility.
26 c. No change in surfacing within the easement area will be permitted without written
27 permission from the Water Utility.
28 d. The petitioner, its successors and assigns shall fully indemnify, defend and save harmless
29 the Board of Water Commissioners, its officers, agents, employees, and servants from all
30 suits, action or claims which shall arise from any injuries or damages received or
31 sustained by any break in any service pipe, water main, or connection in said reserved
32 easement, arising out of or resulting from any action or negligence of the petitioner, its
33 employees, agents or business invitees.
34 3. That a permanent utility easement shall be retained within the vacated area to protect the interest
35 of Northern States Power Company.
36 4. That, with the accompanying Utility Easement Certificates of Intended Non-Use, filed
37 voluntarily on behalf of U.S. West Communications, Incorporated, District Energy St. Paul,
38 Incorporated, MCI Metro Incorporated and MediaOne, made a part hereof by this reference and
39 filed in the office of the City Clerk of Saint Paul, the City, for itself and on behalf of these
40 corporations and departments, waives the right to the utility easements in the vacated area
41 described above.
• c,q -IS L
1 5. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this
2 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution
3 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in
4 all respects with these terms and conditions.
5 BE IT FURTHER RESOLVED, that, as provided in paragraph 5. of the development agreement
6 between Jerry's Enterprises, Inc. and the City of Saint Paul dated November 3, 1998, the proper City
7 officials are hereby authorized and directed to convey to the said Jerry's Enterprises , Inc., by quit claim
8 deed, title to the properties hereby vacated.
9 BE IT FURTHER RESOLVED, that, as provided in Paragraph 13.01.1. of the City Charter, the
10 Department of Public Works shall reimburse the Department of Parks and Recreation for that part of the
11 property hereby vacated and conveyed, approximately 2,383 square feet, that was originally acquired for
12 Park Purposes. Reimbursement shall be in the amount of$5,400.00, fair market value as established by
13 independent appraisal.
ORIGINAL
Yeas Nays I Absent I
Benanav I I Requested by Department of:
Blakey Technology & Management Services
Bostrom ./""
Coleman ,
Harris f By: Oda WOW--
Lantry ()\,)Erector
Reiter �/ I I Form Approved by City Attorney �U"
Adopted by Council: Date 5 ckcl By. — +i r,
Ado do Certi ied by Council Sebt
P Y azY
By: �- . Ailh► Approved .y Mayor for imissio► to ouncil
Approved or: b. i ,
By: , + vim.: V t - By# A /� __ .agL' iL/‘ilidir
IMF ir
CITIZEN SERVICE OFFICE
Fred Owusu,City Clerk
P
SAINT
L CITY OF SAINT PAUL 170 City Hall Tel.: 651-266-8989
tililk Norm Coleman,Mayor 15 W.Kellogg Boulevard Fax: 651-266-8689
Saint Paul,Minnesota 55102 Web:http://www.stpauLgov
1111111111 TDD:266-8509
pima.
RECEIVED
October 13, 1999 NOV 1 8 1999
Mayor Norm Coleman
390 City Hall MAYOR'S OFFICE
Saint Paul, Minnesota 55102
Dear Mayor Coleman:
Enclosed is a copy of Council File 99-754 which was adopted by the City Council on
August 25, 1999. The resolution provides for the vacation of that portion of Johnson
Parkway lying north of East Magnolia Avenue and south of Propsperity Avenue as
more fully described in the attached resolution.
Also enclosed is an acceptance of the terms of the resolution which must be signed
and filed in my office within sixty (60) days after adoption of the resolution.
Sincerely,
c '6 ' 7176-69-c-
Shari Moore
Deputy City Clerk
cc: Valuation Engineer - Technology and Management Services File No. 7-1999
Enc.
Saint Paul, Minnesota
October 13, 1999
To the Honorable,the City Council
Saint Paul, Minnesota
Dear Council Members:
I,the undersigned petitioner,on behalf of the City of Saint Paul hereby accept
and agree to comply with the terms and conditions of Council File
No. 99-754, adopted by the City Council on August 25, 1999 and signed by
the Mayor on September 2, 1999.
0
Mayor Norm Coleman
5�
Council File#
Sheet#
Green
copy.
to: RESpLV-t10M�NNEspT A
Return Division .0 P WI.,Beal Estate gall pF SA1N
140 City CITY
\ k\ C�iiit. /'CY \6\
Id Committee: Date
Presented B9 Department°f
Referred x° behalf
° the operpt es hereinafter
On
f the City of Saint utnbea'1-1999,public th herein stated
on the petition°artment File Number
property and,sub)
RESOLVED,v ate;nFinontD�ed as publle propert a released
1 BE IT R cum Prosperity
as d° and disc err
Public Works,i ns,the vacated those public prop and South°f P
2 are hereby within Avenue
easements ed as follows-. anolia
3 described the ea$em described East Mag
4 exceptions, North of Avenue with the east line of
property to be vacated is Parkway lying Avennt nutnbe1 2224803;
] 5 Thep 1 ohnson East Magnolia line of East
1 All that p�of ed as follows-. number 84"402 and d°cun'� on the north er
north line °f assumed beating, ewer easement' as p
6 Avenue described intersection of the o said
L Aven at the inters Council File nu west,ass sanitary S est, al°ng
1 f 7 Commencing Avenue,vacated in notes 16 seconds a j5 foot wide 18 seconds w beginning'
17 Av degrees 54 west line minutes point gg feet;
8 Ptosperrty South 89 deb et,to the degrees 51 eet to the p t°west�'�'
18 g thence Sou g4 lee °rth 13 t 3��4 f g Seconds chord
then Avenue 49' thence N emen ° 51 notes 1 east having a a radius
19 10 Magnolia the 3 2224803; sewer eas atees south feet ,
ent nom wide sanitary orth 13 deb cave to the ce of 115.95 ce of 20 11 docum d west line,N curve, con d distance arc distan
the 35 f oot
12 Q a non-tangential cur chOr dS for an minutes l
west line of along said ds East,a 42 seconds, 13 degrees 51
21 continue along 39 seconds Avenue;
notes minutes North 22 13 thence northeasterly 10 degrees 59 thence N line of Prosperity line of
14 thence Wort 10 degrees 49 le of Av: s :nue; easterly
23 15 b1161 N° h e a central f v Prosperity the ue;thence
al said gre s f thence t
feet an vacated e t,along feet;24 16 of 605.00 the east line of Q said east line,to East 19•l8 dS West r 140• ve, concave
to along seconds ores 46 seconds tangential cur minutes 15
25 17 11b 116.10 feet t 32.98 feet notes 42 s 2l min ence °n a tan8 tees 13 mina e
18 seconds w es mi 48 degrees 7 6 feet;th 19 deg ent,th
34 degrees 43 East 41• a central angle of nary sewer easement,secon oath
26 19 thence North 34
thence S 06 seconds and Said San
27 20 exity Avenue; minutes 413.p8 feet, west line°f
Pr°SP degrees to the Match ement ,o,
of
28 21 South 41 west,having °f 138.58 feet 130 codified
29 22 the south arc of Chapter
23 seconds,for an diti°n diuons' the vacated
30 secon ginning d con a conditions-.
on
31 24 point of beg e subject to the terms and to the following over,under and across tight of the C
25 shall b amen ed on, reserve the said ea$eme.
32 vacation e as easement shall be retain Works to r sta ctie
33 26 This t Paul Legislative Code Public enter upon Saint eit utility Department of P asement and to
of future con Said
34 3. 2"1 That a penman °f Saint Paul, or upon Said for the pur�oseS art thereof. S
35 28 1. rti Of the City Sewer in e to time wine or any P
beh o erate any d from am airing the
29 maintain and pat any time an maintaining or rep s:
36 4. thereof to the f°11o�'ing conditions-.
37 30 portion coon,inSpectinb,
38 3° reconstruction,
shall be Subject
3
39 33
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Form No.31-M—QUIT CLAIM DEED
Corporation or Partnership to Corporation or Partnership Minnesota Uniform Conveyance Blanks(1978) (quitcl2)
No delinquent taxes and transfer entered;
Certificate of Real Estate Value( ) filed ( ) not required
Certificate of Real estate Value No.
, 1999
County Auditor
by
Deputy
STATE DEED TAX DUE HEREON: $
(reserved for recording data)
Date: , 1999
FOR VALUABLE CONSIDERATION, the City of Saint Paul, a municipal corporation under the laws of the
State of Minnesota, Grantor, hereby conveys and quitclaims to Jerry's Enterprises, Inc., a corporation under the
laws of the State of Minnesota, G- *nee, real property in Ramsey County, Minnesota, described as follows:
description on reverse side.
0J\ 9in
•
.ore space is needed continue on back)
together will ah � -nances belonging thereto, subject to the following exceptions:
The grantor certifies that, to the best of its knowledge, there are no wells on the property described.
Affix Deed Tax Stamp Here By ./_ " �'
-for. Its Mayor
By . c!L', . l 1 9 L, Yq
State of Minnesota Its City Clerk
ss
County of Ramsey
Its Director of the Office of Financial Services
The foregoing instrument was acknowledged before me this 2.k• • day of St {aeon her- , 19 99
by { •
, Orantor(s).
NOTARIAL STAMP OR SEAL(OR OTHER TITLE OR RANK)
AAAMMAAMAMMAMAAMMAMMAAM*
a �*. LOUISE A. LA1\GOERG
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My Comm.Expires Jan.31,2000
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tax statements for the real property described in this instrument should be sent to
(include name and address of Grantee):
THIS INSTRUMENT WAS DRAFTED BY(NAME&ADDRESS) Jerry's Enterprises, Inc.
5101 Vernon Avenue South
The City of Saint Paul Edina, Minnesota 55435
Department of Technology& Management Services Attn: Robert Shadduck
Real Estate Division
15 Kellogg Boulevard W Room 140
Saint Paul, Minnesota 55102-1613
All that part of Johnson Parkway lying North of East Magnolia Avenue and South of Prosperity
Avenue described as follows:
Commencing at the intersection of the north line of East Magnolia Avenue with the east line of Prosperity Avenue,
vacated in Council File number 84-402 and document number 2224803; thence South 89 degrees 54 minutes 16
seconds West, assumed bearing, on the north line of East Magnolia Avenue 49.84 feet, to the west line of a 35 foot fr
wide sanitary sewer easement, as per document number 2224803; thence North 13 degrees 51 minutes 18 seconds
West, along said west line of the 35 foot wide sanitary sewer easement, 37.74 feet, to the point of beginning; thence
continue along said west line, North 13 degrees 51 minutes 18 seconds West 80.90 feet; thence North 10 degrees 49
minutes 39 seconds East 115.95 feet to the east line of vacated Prosperity Avenue; thence North 13 degrees 51
minutes 18 seconds West 32.98 feet along said east line, to the southeasterly line of Prosperity Avenue; thence North
34 degrees 43 minutes 42 seconds East 19.18 feet, alone, said southeasterly line of Prosperity Avenue; thence South
48 degrees 21 minutes 46 seconds West 140.99 feet; thence South 41 degrees 27 minutes 06 seconds East 41.76 feet;
thence on a tangential curve, concave to the southwest, having a radius of 413.08 feet, and a central angle of 19
degrees 13 minutes 15 seconds, for an arc distance of 138.58 feet to the west line of said sanitary sewer easement, the
point of beginning.
all in Section 27, Township 29, Range 22
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Saint Paul, Minnesota
October 13, 1999
To the Honorable, the City Council
Saint Paul, Minnesota
Dear Council Members:
I,the undersigned petitioner,on behalf of the City of Saint Paul hereby accept
and agree to comply with the terms and conditions of Council File
No. 99-754, adopted by the City Council on August 25, 1999 and signed by
the Mayor on September 2, 1999.
Mayor Norm Coleman
t
Council File# cq-flS�
Return copy to:
Real Estate Division Green Sheet# 63111
140 City Hall
RESOLUTION
R 1 G I N A L CITY OF SAINT PAUL, MINNESOTA 45
Presented By kb/727719'
Committee: Date
Referred To
1 BE IT RESOLVED, that, upon the petition of the City of Saint Paul on behalf of the Department of
2 Public Works, as documented in Finance Department File Number 7-1999, public properties hereinafter
3 described are hereby vacated and discontinued as public property and, subject to the herein stated
4 exceptions, the easements within those public properties are hereby released.
5 The property to be vacated is described as follows:
6 All that part of Johnson Parkway lying North of East Magnolia Avenue and South of Prosperity
7 Avenue described as follows:
8 Commencing at the intersection of the north line of East Magnolia Avenue with the east line of
9 Prosperity Avenue, vacated in Council File number 84-402 and document number 2224803;
10 thence South 89 degrees 54 minutes 16 seconds West, assumed bearing, on the north line of East
11 Magnolia Avenue 49.84 feet, to the west line of a 35 foot wide sanitary sewer easement, as per
12 document number 2224803; thence North 13 degrees 51 minutes 18 seconds West, along said
13 west line of the 35 foot wide sanitary sewer easement, 37.74 feet, to the point of beginning;
14 thence continue along said west line, North 13 degrees 51 minutes 18 seconds West 82.88 feet;
15 thence northeasterly along a non-tangential curve, concave to the southeast, having a chord
16 bearing North 10 degrees 49 minutes 39 seconds East, a chord distance of 115.95 feet , a radius
17 of 605.00 feet and a central angle of 10 degrees 59 minutes 42 seconds, for an arc distance of
18 116.10 feet to the east line of vacated Prosperity Avenue; thence North 13 degrees 51 minutes 18
19 seconds West 32.98 feet along said east line, to the southeasterly line of Prosperity Avenue;
20 thence North 34 degrees 43 minutes 42 seconds East 19.18 feet, along said southeasterly line of
21 Prosperity Avenue; thence South 48 degrees 21 minutes 46 seconds West 140.99 feet; thence
22 South 41 degrees 27 minutes 06 seconds East 41.76 feet; thence on a tangential curve, concave to
23 the southwest, having a radius of 413.08 feet, and a central angle of 19 degrees 13 minutes 15
24 seconds, for an arc distance of 138.58 feet to the west line of said sanitary sewer easement, the
25 point of beginning.
26 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the
27 Saint Paul Legislative Code as amended, and to the following conditions:
28 1. That a permanent utility easement shall be retained on, over, under and across the vacated area on
29 behalf of the City of Saint Paul, Department of Public Works to reserve the right of the City to
30 maintain and operate any sewer in or upon said easement and to enter upon said easement or any
31 portion thereof at any time and from time to time, for the purposes of future construction,
32 reconstruction, inspecting, maintaining or repairing_ the same or any part thereof. Said utility
33 easement shall be subject to the following conditions:
c a -IS y
1 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any
2 other objects that will prohibit normal access to utility facilities for maintenance purposes
3 will be permitted within the easement area.
4 b. Improvements in or upon the above described easement that do not prohibit the City from
5 exercising its reserved rights may be allowed by obtaining written permission from the
6 Department of Public Works Sewer Division with the understanding that the restoration
7 and costs of such improvements shall be the sole responsibility of the petitioner, its
8 successors and assigns in the event the City exercises its reserved easement rights.
9 c. No change from the existing grade within the easement area will be permitted without
10 written permission from the Department of Public Works.
11 d. No change in surfacing within the easement area will be permitted without written
12 permission from the Department of Public Works.
13 e. The petitioner, its successors and assigns shall indemnify, defend, and save harmless the
14 City of Saint Paul, its officers, agents, employees, and servants from all suits, actions, or
15 claims which shall arise from any injuries or damages received or sustained by any break
16 in any service pipe or connection in said reserved easement arising out of or resulting
17 from any action or negligence of the petitioner, its employees, agents, or business
18 invitees.
19 2. That a permanent utility easement shall be retained within the vacated area on behalf of the City
20 of Saint Paul, Board of Water Commissioners subject to the following restrictions:
21 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or
22 other object that will prohibit normal access to water facilities for maintenance purposes
23 will be permitted within the easement area,.
24 b. No change from the existing grade will be permitted without written permission from the
25 Water Utility.
26 c. No change in surfacing within the easement area will be permitted without written
27 permission from the Water Utility.
28 d. The petitioner, its successors and assigns shall fully indemnify, defend and save harmless
29 the Board of Water Commissioners, its officers, agents, employees, and servants from all
30 suits, action or claims which shall arise from any injuries or damages received or
31 sustained by any break in any service pipe, water main, or connection in said reserved
32 easement, arising out of or resulting from any action or negligence of the petitioner, its
33 employees, agents or business invitees.
34 3. That a permanent utility easement shall be retained within the vacated area to protect the interest
35 of Northern States Power Company.
36 4. That, with the accompanying Utility Easement Certificates of Intended Non-Use, filed
37 voluntarily on behalf of U.S. West Communications, Incorporated, District Energy St. Paul,
38 Incorporated, MCI Metro Incorporated and MediaOne, made a part hereof by this reference and
39 filed in the office of the City Clerk of Saint Paul, the City, for itself and on behalf of these
40 corporations and departments, waives the right to the utility easements in the vacated area
41 described above.
cug -1Sy
1 5. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this
2 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution
3 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in
4 all respects with these terms and conditions.
5 BE IT FURTHER RESOLVED, that, as provided in paragraph 5. of the development agreement
6 between Jerry's Enterprises, Inc. and the City of Saint Paul dated November 3, 1998, the proper City
7 officials are hereby authorized and directed to convey to the said Jerry's Enterprises , Inc., by quit claim
8 deed, title to the properties hereby vacated.
9 BE IT FURTHER RESOLVED, that, as provided in Paragraph 13.01.1. of the City Charter, the
10 Department of Public Works shall reimburse the Department of Parks and Recreation for that part of the
11 property hereby vacated and conveyed, approximately 2,383 square feet, that was originally acquired for
12 Park Purposes. Reimbursement shall be in the amount of$5,400.00, fair market value as established by
13 independent appraisal.
ORIGINAL
1 Yeas 1 Nays 1 Absent
Benanav I 1 1 Requested by Department of:
Blakey 1 [ TechnoloQv & Management Services
Bostrom ( 1/ I 1
Coleman I ,l 1 (
Harris 1 — 1 By A/1API--
Lantry I f I I ( k, Irector
Reiter I ✓ I II I ' ( Form Approved by City Attorney
Adopted by Council: Date S �
`� l By: ro
Adoptio Certi ied by Council Se tary
By: 0 . -- 116. Approved .y Mayor for .missio► to ouncil
Approved or: bate) \`\M B , ,� ,%' i�
By: i Al........ y .��%_ pir
Return copy to:
Council File# cq SL
Real Estate Division
140 City Hall Green Sheet# G 31 11 '
RESOLUTION
O RIGU'4AL CITY OF SAINT PAUL, MINNESOTA 145
Presented By /1647i11.22(
Committee: Date
Referred To
1 BE IT RESOLVED, that, upon the petition of the City of Saint Paul on behalf of the Department of
2 Public Works, as documented in Finance Department File Number 7-1999, public properties hereinafter
3 described are hereby vacated and discontinued as public property and, subject to the herein stated
4 exceptions, the easements within those public properties are hereby released.
5 The property to be vacated is described as follows:
6 All that part of Johnson Parkway lying North of East Magnolia Avenue and South of Prosperity
7 Avenue described as follows:
8 Commencing at the intersection of the north line of East Magnolia Avenue with the east line of
9 Prosperity Avenue, vacated in Council File number 84-402 and document number 2224803;
10 thence South 89 degrees 54 minutes 16 seconds West, assumed bearing, on the north line of East
11 Magnolia Avenue 49.84 feet, to the west line of a 35 foot wide sanitary sewer easement, as per
12 document number 2224803; thence North 13 degrees 51 minutes 18 seconds West, along said
13 west line of the 35 foot wide sanitary sewer easement, 37.74 feet, to the point of beginning;
14 thence continue along said west line, North 13 degrees 51 minutes 18 seconds West 82.88 feet;
15 thence northeasterly along a non-tangential curve, concave to the southeast, having a chord
16 bearing North 10 degrees 49 minutes 39 seconds East, a chord distance of 115.95 feet , a radius
17 of 605.00 feet and a central angle of 10 degrees 59 minutes 42 seconds, for an arc distance of
18 116.10 feet to the east line of vacated Prosperity Avenue; thence North 13 degrees 51 minutes 18
19 seconds West 32.98 feet along said east line, to the southeasterly line of Prosperity Avenue;
20 thence North 34 degrees 43 minutes 42 seconds East 19.18 feet, along said southeasterly line of
21 Prosperity Avenue; thence South 48 degrees 21 minutes 46 seconds West 140.99 feet; thence
22 South 41 degrees 27 minutes 06 seconds East 41.76 feet; thence on a tangential curve, concave to
23 the southwest, having a radius of 413.08 feet, and a central angle of 19 degrees 13 minutes 15
24 seconds, for an arc distance of 138.58 feet to the west line of said sanitary sewer easement, the
25 point of beginning.
26 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the
27 Saint Paul Legislative Code as amended, and to the following conditions:
28 1. That a permanent utility easement shall be retained on, over, under and across the vacated area on
29 behalf of the City of Saint Paul, Department of Public Works to reserve the right of the City to
30 maintain and operate any sewer in or upon said easement and to enter upon said easement or any
31 portion thereof at any time and from time to time, for the purposes of future construction,
32 reconstruction, inspecting, maintaining or repairing the same or any part thereof. Said utility
33 easement shall be subject to the following conditions:
c;V:k Sy
a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any
2 other objects that will prohibit normal access to utility facilities for maintenance purposes
3 will be permitted within the easement area.
4 b. Improvements in or upon the above described easement that do not prohibit the City from
5 exercising its reserved rights may be allowed by obtaining written permission from the
6 Department of Public Works Sewer Division with the understanding that the restoration
7 and costs of such improvements shall be the sole responsibility of the petitioner, its
8 successors and assigns in the event the City exercises its reserved easement rights.
9 c. No change from the existing grade within the easement area will be permitted without
10 written permission from the Department of Public Works.
11 d. No change in surfacing within the easement area will be permitted without written
12 permission from the Department of Public Works.
13 e. The petitioner, its successors and assigns shall indemnify, defend, and save harmless the
14 City of Saint Paul, its officers, agents, employees, and servants from all suits, actions, or
15 claims which shall arise from any injuries or damages received or sustained by any break
16 in any service pipe or connection in said reserved easement arising out of or resulting
17 from any action or negligence of the petitioner, its employees, agents, or business
18 invitees.
19 2. That a permanent utility easement shall be retained within the vacated area on behalf of the City
20 of Saint Paul, Board of Water Commissioners subject to the following restrictions:
21 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or
22 other object that will prohibit normal access to water facilities for maintenance purposes
23 will be permitted within the easement area,.
24 b. No change from the existing grade will be permitted without written permission from the
25 Water Utility.
26 c. No change in surfacing within the easement area will be permitted without written
27 permission from the Water Utility.
28 d. The petitioner, its successors and assigns shall fully indemnify, defend and save harmless
29 the Board of Water Commissioners, its officers, agents, employees, and servants from all
30 suits, action or claims which shall arise from any injuries or damages received or
31 sustained by any break in any service pipe, water main, or connection in said reserved
32 easement, arising out of or resulting from any action or negligence of the petitioner, its
33 employees, agents or business invitees.
34 3. That a permanent utility easement shall be retained within the vacated area to protect the interest
35 of Northern States Power Company.
36 4. That, with the accompanying Utility Easement Certificates of Intended Non-Use, filed
37 voluntarily on behalf of U.S. West Communications, Incorporated, District Energy St. Paul,
38 Incorporated, MCI Metro Incorporated and MediaOne, made a part hereof by this reference and
39 filed in the office of the City Clerk of Saint Paul, the City, for itself and on behalf of these
40 corporations and departments, waives the right to the utility easements in the vacated area
41 described above.
. c cb -'1SH
1 5. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this
2 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution
3 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in
4 all respects with these terms and conditions.
5 BE IT FURTHER RESOLVED, that, as provided in paragraph 5. of the development agreement
6 between Jerry's Enterprises, Inc. and the City of Saint Paul dated November 3, 1998, the proper City
7 officials are hereby authorized and directed to convey to the said Jerry's Enterprises , Inc., by quit claim
8 deed, title to the properties hereby vacated.
9 BE IT FURTHER RESOLVED, that, as provided in Paragraph 13.01.1. of the City Charter, the
10 Department of Public Works shall reimburse the Department of Parks and Recreation for that part of the
11 property hereby vacated and conveyed, approximately 2,383 square feet, that was originally acquired for
12 Park Purposes. Reimbursement shall be in the amount of$5,400.00, fair market value as established by
13 independent appraisal.
ORIGINAL
I Yeas Nays ( Absent
Benanav ✓ Requested by Department of:
Blakey ✓ ( Technology & Management Services
I Bostrom ✓
Coleman ,/ ,
( Harris f By
/4API-
I Lantry ,✓ pirector
Reiter ✓ ( Form Approved by City Attorney
•
1 II _a I I I 1,4e-Z1Ziawsit—
Adopted by Council: Date S '\cn1 By:
Adoptio Certi ied by Council Se tary
By: `'1 �) �► Approved .y Mayor for •missio► to ouncil
Approved or: i I!„.... —_ //�
By: ■ + `�. 11 By I / -�c��L/_ i Apr-
NOTICE OF PUBLIC HEARING
Notice is hereby given that the petition of the City of Saint Paul
for the vacation of a part of Johnson Parkway lying North of East
Magnolia Avenue and South of Prosperity as more fully described on
file and on record in the office of the City Clerk of Saint Paul,
Minnesota, will be heard and considered by the Saint Paul City
Council at a meeting to be held in the Council Chambers on the 3rd
floor of City Hall and Court House on the 4th day of August, 1999
at 5 :30 P.M.
Dated July 13 , 1999
Shari Moore
Deputy City Clerk
(July 15, 1999)
RECEIVED
JUL 1 1999
REAL ESTATI QIMM
s:\INI
P ` `' '- Interdepartmental Memorandum
? CITY OF SAINT PAUL
ponom
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To: All Council M.erpbers
/Au)
From: Peter White
Right of Way Engineer
140 City Hall
Date: July 13, 1999
Subject: TMS Department Vacation File No 7-1999
I recommend a public hearing before the City Council be held on August 4, 1999
The purpose of this hearing is to consider a petition to vacate a part of Johnson Parkway lying
northerly of Magnolia Avenue and southerly of Prosperity Avenue.
This property is located in City Council District 2, Planning District 6.
The subject petition is in proper form and has been signed by the requisite number of property
owners.
cc: Shari Moore
(799date)
Department of Technology and Management Services
Real Estate Division
140 City Hall Phone: (651)266-8850
Saint Paul, MN 55102 Fax: (651) 266-8855
�,�.� CITY OF SAINT PAUL
II I Norm Coleman, Mayor
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July 13, 1999
To the Honorable Members
of the Council of the City of Saint Paul
The City of Saint Paul hereby petitions to vacate the following City right-of-way:
All that part of Johnson Parkway lying North of East Magnolia Avenue and South of Prosperity Avenue)
described as follows:
Commencing at the intersection of the north line of East Magnolia Avenue with the east line of
Prosperity Avenue, vacated in Council File number 84-402 and document number 2224803;
thence South 89 degrees 54 minutes 16 seconds West, assumed bearing, on the north line of East
Magnolia Avenue 49.84 feet, to the west line of a 35 foot wide sanitary sewer easement, as per
document number 2224803; thence North 13 degrees 51 minutes 18 seconds West, along said
west line of the 35 foot wide sanitary sewer easement, 37.74 feet, to the point of beginning;
thence continue along said west line, North 13 degrees 51 minutes 18 seconds West 82.88 feet;
thence northeasterly along a non-tangential curve, concave to the southeast, having a chord
bearing North 10 degrees 49 minutes 39 seconds East, a chord distance of 115.95 feet, a radius
of 605.00 feet and a central angle of 10 degrees 59 minutes 42 seconds, for an arc distance of
116.10 feet to the east line of vacated Prosperity Avenue; thence North 13 degrees 51 minutes 18
seconds West 32.98 feet along said east line, to the southeasterly line of Prosperity Avenue;
thence North 34 degrees 43 minutes 42 seconds East 19.18 feet, along said southeasterly line of
Prosperity Avenue;thence South 48 degrees 21 minutes 46 seconds West 140.99 feet; thence
South 41 degrees 27 minutes 06 seconds East 41.76 feet; thence on a tangential curve, concave to
the southwest, having a radius of 413.08 feet, and a central angle of 19 degrees 13 minutes 15
seconds, for an arc distance of 138.58 feet to the west line of said sanitary sewer easement,the
point of beginning.
See attached map.
The purpose of this vacation is to honor an agreement that obligated the City to convey to Jerry's
Enterprises, Inc. the property to be vacated.
CITY OF SAINT PAUL
STATE OF MINNESOTA ) By
) ss. Mayor
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this day of , 1999
by Mayor of the City of Saint Paul,a municipal corporation
under the laws of the State of Minnesota.
Notary Public
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10/30/1998 02:14 6129241051 D PAGE 02
RIGHTFAX NT 11/02/1998 9:48 PAGE 3/8 RightFAX
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT is made and entered into this
, 1998 by and between JERRY'S ENTERPRISES,INC., a Minnesota
corporation("Jerry's")and THE CITY OF SAINT PAUL("City").
RECITALS
A. On June 27, 1997, Jerry's, City and the Housing and Redevelopment Authority of
the City of Saint Paul, Minnesota(the "HRA")entered into a Purchase Agreement
(the"Purchase Agreement")by which Jerry's agreed to sell to the HRA an
approximately 21.7 acre portion(the"HRA Site")of the Phalen Shopping Center
("Phalen Center"). Jerry's has conveyed the ERA.Site to the HRA by Limited
Warranty Deed dated June 27, 1997.
B, As a part of the consideration for the sale of the HRA Site and in connection with
construction of the Ames Lake Wetland, the City agreed to construct a realigned
Prosperity Avenue and perform other work for the benefit of both the HRA Site
and the balance ofPhalen Center all in accordance with Paragraph 7(a)of the
Purchase Agreement.
C. The City has prepared and Jerry's has reviewed and commented on the Plans and
Specifications for Phalen Village Public Improvements, City Project 98-P-1163,
last dated August 3, 1998 (the"City Plans").
D. Jerry's and the City now desire to memorialize their agreement on the development
work to be performed by the City for the benefit ofPhalen Center.
NOW,THEREFORE, in consideration of the foregoing and of the mutual covenants and
agreements contained herein, Jerry's and the City hereby agree as follows:
1.) Property Development- The City agrees to construct, perform and install all
improvements described in the City Plans as modified by the Phalen Village Development Plan
prepared on behalf of Jerry's by Ingraham& Associates last dated October 20, 1998 (the"Jerry's
Development Plan")and in accordance with the provisions of this Development Agreement(the
work to be performed in accordance with the City Plans, the Jerry's Development Plan and this
Development Agreement is referred to herein as the"Work"), The cost of the Work(except as
specifically provided herein)shall be paid entirely by the City and shall not be assessed in whole or
in part, against Phalen Center.
2.) Curb Tilts-The City shall construct the curb cuts from Prosperity Avenue and
•
Clarence Avenue to the"Shopping Center"and the"Northerly Commercial Lots" as shown on
the Jerry's Development Plan. The City Plans for the Work;including curb cuts, planting,
10/30/1998 02:14 6129241051 D PAGE 03
RIGHTFAX NT 11/02/1998 9:48 PAGE 4/6 RightFAX
lighting, utility and other construction shall be revised to reflect the changes shown in the Jerry's
Development Plan by November 30, 1998. The Work, including curb cuts, lighting, utility and
other construction shall be completed on or before September 24, 1999. The City shall complete
all planting including boulevard trees on or before November 1, 1999 and complete wetland area
planting on or before June 15, 2000. Jerry's shall be permitted to construct, at Jerry's expense,
curb cuts from Magnolia Avenue to provide driveway access at the southwest and southeast
corners of the Shopping Center, Jerry's shall also be permitted to construct, at Jerry's expense,
future curb cuts on Rose Avenue at the location shown on the Jerry's Development Plan. The
work shall be performed in conjunction with the submission of an approved sketch plan. Jerry's
shall be permitted to retain the existing curb cuts and access to the Wendy's parcel.
3.) Prosperity Avenue Left Turn Lane- In addition to the northbound and southbound
median cuts and left turn lanes shown in the City Plans,the City shall construct a full access
median cut and left turn lane for traffic desiring to turn left into the Northerly Commercial Lots at
an approximate station point of 7+ 15 as shown on the Jerry's Development Plan, Said full
access median cut and left turn lane is to be designed to allow full northbound and southbound
turning movements at that location. The full access median cut and left turn lane shall be
completed by September 24, 1999.
4,) Pylon Sign-Jerry's shall remove the existing shopping center pylon sign owned by
Jerry's which is located in the Prosperity Avenue right-of-way at station point 6 +25 at no cost to
the City. Removal of the sign shall be completed by September 1, 1999.
5.) Johnson Avenue Tumback-On or before September 24, 1999, the City shall
convey to Jerry's by deed the portion of the former Johnson Avenue right-of-way shown on the
Jerry's Development plan.
6.) Slope Easements-The City shall amend the slope easements as shown on City
Map PV 1000 by February 11, 1999 to limit the area covered by the slope easements to the actual
as-built area in the Northerly Commercial Lots used for slopes between the retaining wall and the
Prosperity Avenue right-of-way,
7.) Commercial Lots Site Work-The parties intend that the Work on the Northerly
Commercial Lots is to fill and grade such property in a manner as shown on the Jerry's
Development Plan and to reduce the extent of slope easements associated with construction of
Prosperity Avenue and to allow the land to be in a condition suitable for economic development
by Jerry's. The Work to be performed by the City on the Northerly Commercial Lots described
above shall include:
(a) Removal of trees, clearing and grubbing of the Northerly Commercial Lots,
excluding the Wendy's parcel, by December 11, 1998 in preparation for filling and
grading;
(b) Removal of existing asphalt paving by December 11, 1998 as needed to grade and
fill the Northerly Commercial Lots;
2.
10/30/1998 02:14 6129241051 D PAGE 04
RIGHTFAX NT 11/02/1998 9:48 PAGE 5/6 RightFAX
(c) Installation of fill on and rough grading(within one(1)foot ofthe contours shown
on the Jerry's Development Plan)of the Northerly Commercial Lots by December 11,
1998 to obtain the maximum slopes as shown on the Jerry's Development Plan,
Acceptable fill material shall meet the criteria contained in the project manual prepared as
a part of the City Plans. Fine grading shall be completed by June 15, 1999;
(d) Seed the Northerly Commercial Lots (except for the improved portion of the
Wendy's parcel)by September 24, 1999 as specified in the project manual;and
(e) Installation of sanitary and storm sewer stubs in accordance with the City Plans.
Jerry's shall contract for and install retaining walls as needed to create the required slopes on the
Northerly Commercial Lots. The City shall promptly reimburse Jerry's for the first Ten Thousand
and no/100 Dollars ($10,000.00)of the cost of retaining wall installation. The City and Jerry's
shall coordinate installation of fill and the retaining walls to minimize cost and avoid duplication of
work.
8.) Ongoing Business Operations- The City acknowledges that Jerry's will continue
to operate its retail grocery business from a portion of Shopping Center and, as such, the City
agrees that all work to be performed on the Shopping Center shall be done in such a manner as to
minimize interference with grocery store customers and employees and to permit and maintain
access at all times during construction to the Shopping Center in a manner commensurate with
that required for ongoing commercial use.
9.) Future Turnback Parcel-The parties acknowledge that they City Plans and the
Jerry's Development Plan do not contemplate road modifications to existing Prosperity Avenue at
the Clarence Street and Rose Avenue intersections. However, the City agrees that when road
construction is completed at those locations, the City shall convey to Jerry's by deed that portion
of the Prosperity Avenue right-of-way designated as"Turnback Area" on the Jerry's
Development Plan.
10.) Purchase Agreement Ratification-Except as specifically modified by this
Development Agreement, the City and Jerry's ratify and affirm the development provisions of
Paragraph 7 contained in the Purchase Agreement Jerry's hereby extends the August 31, 1998
deadline for completion of work contained in Paragraph 7(a)of the Purchase Agreement to the
respective dates for completion of the Work contained herein provided the City timely performs
each of its obligations under this Development Agreement. Jerry's expressly reserves any claim it
may have against the City for failure to timely perform its obligations under the Purchase
Agreement if the City fails to complete the Work in the manner and at the times required hereby.
11.) Indemnification-Each party shall indemnify and hold harmless the other from
claims or demands which arise out of the performance of the Work by the indemnifying party or
its contractors, subcontractors, employees or agents.
12.) Notices-Any notice required or permitted to be given hereunder shall be given in
the manner required by Paragraph 11 of the Purchase Agreement.
3.
10/30/1998 02:14 6129241051 D PAGE 05
11/UZ/as MuN 14:35 FAX 8129281888 R. Shadduck
-►^" DARCY WINTER p,
RIGHTFAX NT 11/02/1998 9; 48 PAGE A/8 RiirhtFAX
13.) Controlling Law-This Development Agreement has been made under, and will be
interpreted and controlled by, the laws of the State of Minnesota,
14.) Assienment-The City may not assign its obligations under this Development
Agreement without the prior written consent of Jerry's.
15.) BindinpEffFec-t-This Development Agreement binds and benefits the City and
Jerry's and their respective successors and assigns.
IN WITNESS WHEREOF, City and Jerry's have executed this Development Agreement
as of the day and year first above written.
JERRY'S:
JERRY'S ENTERPRISES, INC.
By
Its: P en
CITY;
CITY OF SAINT PAUL
By:
Its: Mayor
Approved as to form:
By,
Assistant City Attorney Its: Director, Department ofFinance
&Management Services
0,134233111
4.
APPLICANT NAME : CI .
VACATIONS CHECKLIST -
■
citizen in person or by mail ( Mayor)
get check for S l 00 no check required
_write out receipt .
_put check number on
receipt and on petition write"paid
S100" and check number
follow column a,then b follow column a,then b
date completed column a column b . date completed
I •
_create file with _Meanwhile,have
property name, file Real Estate check that all
• alphabetically in Fran's conditions have been
office complied with
. • write transmittal letter Meanwhile,also
make copies of send copy of Resolution . •
. • letter and vacation letter and letter to Public • • •
-. _send original and Works requesting Mylar
attachments to and prints—Rudy
Valuations Paczkowski or Linda
_place copy of letter. Dickhut
and-attachments_in-file •
• wait for letterfrom wait for return of Mylars
• Valuations-with-slate-of
publichearing-
Prepare PublicHearing _Prepare.3 packets:
Notice.for.Legal copy of acertified
Ledger: Resolution,.Mylac or •
1 _ Makecopies of • priru: _and-routing.slips.
1 - i 3-`/ 9 Notice...Send: for Sbsti act'Torrens, or •original to Legal both a I
c
Ledger take one packet and
/
one to Council blueprints to Land
Research Secretary Records and wait for it to
one to Real Estate be stamped
Director ! take Abstiact and/or
one in file T orrens to Recorders
�n office and put in T and/or
�" - ---'y-q 9 A box with stamped land
records packet
i
Wait for Resolution to Wait for documents or
_ be adapt° • ,z, ' �;,. , route silo with document
r ` I /J �'d,) q9 number to L'et bzcl: from
Recorder
•
when Resolution is Prinz name of
adopted. make 5 copies: petitioner. shwa legal
send copy or description. page
! I resolution. terms and number. and new
• ' ) —/ 3 - y' I conditions. and Teter vacation number into
I I rs a su.ns.•S500- •e-ta Vacation book(toss old
Petitioner file).
i l
Cut puoi c nearing
notice from Legal Ledger
paste and into`Vacation
`
Book with COp\' of
Resolution
wait for fees and forms When rer:rned
i to be returned DreDi'e new file with
• vacation number I I
•
_12ke check and place all documents
copy oI Resolution to in new vacation boxes in
• treasury DeDar—n:nt vault.
immediately
Treasury will return Counr' Recorder will
receipt to City Clerk's send bill Ior costs to Ciry
Office, but proceed to Clerk -- give to person
hex-two steps while who handles bilis.
• waiting for this.
1
Go to column 5 � finished
revised 3/97