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98-716 (2) Return copy to: OR I G ! !`A L 3308509 Council File # `tg '1`6 Real Estate Division 140 City Hall Green Sheet# Sa.X99 RESOLUTION CITY OF SAINT PAUL, MINNESOTA .S3 Presented By //1e. Referred To Committee: Date 1 BE IT RESOLVED, that, upon the petition of the Mayor of the City of Saint Paul on behalf of the 2 Department of Parks and Recreation, as documented in Finance Department File Number 8-1998, public 3 properties hereinafter described are hereby vacated and discontinued as public right-of-way for the 4 purpose of including vacated land in Swede Hollow Park: 5 The property to be vacated is described as follows: 6 Parcel #1. In the northeast quarter of the northeast quarter of Section 32, Township 29, Range 22, all 7 that part of Bates Avenue lying northerly of the north right-of-way line of Maury Street: 8 Parcel #2. In the northeast quarter of the northeast quarter of Section 32, Township 29, Range 22, all 9 that part of Maury Street lying westerly of the west right-of-way line of Bates Avenue; 10 Parcel #3. In the northeast quarter of the northeast quarter of Section 32, Township 29, Range 22, all 11 that part of Truxton Street lying northerly of a line running from the northwest corner of 12 Lot 19, Block 11, Irvine's Second Addition to the northeast corner of Lot 6, Block 12, 13 Irvine's Second Addition; 14 Parcel #4. In the northeast quarter of the northeast quarter of Section 32, Township 29, Range 22, all 15 that part of Fountain Place lying northerly of a line running from the northwest corner of 16 Lot 13, Block 12, Irvine's Second Addition to the northeast corner of Lot 4, Block 13, 17 Irvine's Second Addition; 18 Parcel #5. In the north half of Section 32, Township 29, Range 22, all that part of North Street lying 19 within the following described line: 20 Beginning at the southwest corner of Lot 6, Block 13, Irvine's Second Addition, 21 being a point on the north right-of-way line of North Street; thence westerly along 22 said north right-of-way line a distance of 240.00 feet to the southwest corner of 23 Lot 12, Block 13, Irvine's Second Addition; thence southerly along a southerly 24 extension of the west line of said Lot 12 a distance of 30.00 feet to the centerline 25 of the said North Street; thence easterly along the said centerline of North Street 26 to the west line of the northeast quarter of the said Section 32; thence southerly 27 along the said west line a distance of 30.00 feet to the south right-of-way line of 28 the said North Street; thence easterly along the said south right-of-way line to the 29 intersection of said right-of-way line with the southerly extension of the west line 30 of the said Lot 6; thence northerly a distance of 60.00 feet to the point of 31 beginning; ,- a�_A-16 Gtr T OPER y'TAXA:°al Plann ;v Count*, Minnr s9ta r � ORIGINAL 3308509 1(0 1 Parcel #6. In the southeast quarter of the northwest quarter of Section 32, Township 29, Range 22, 2 all that part of Culvert Street lying southwesterly of the northwesterly extension of the 3 southwesterly line of Lot 1, Block 1, Wagener's Addition and easterly of the east line of 4 the Burlington Northern right-of-way; 5 Parcel #7. In the southeast quarter of the northwest quarter of Section 32, Township 29, Range 22, 6 all that part of Wagener Street lying westerly of the west line of the northeast quarter of 7 the said Section 32, Township 29, Range 22 and easterly of the east line of the Burlington 8 Northern right-of-way. 9 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the 10 Saint Paul Legislative Code as amended, and to the following conditions: 11 1. That a permanent utility easement shall be retained on, over, under and across the vacated area on 12 behalf of the City of Saint Paul, Department of Public Works to reserve the right of the City to 13 maintain and operate any sewer in or upon said easement and to enter upon said easement or any 14 portion thereof at any time and from time to time, for the purposes of future construction, 15 reconstruction, inspecting, maintaining or repairing the same or any part thereof and shall be 16 subject to the following conditions: 17 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any 18 other objects that will prohibit normal access to utility facilities for maintenance purposes 19 will be permitted within the easement area. 20 b. Improvements in or upon the above described easement that do not prohibit the City from 21 exercising its reserved rights may be allowed by obtaining written permission from the 22 Department of Public Works Sewer Division with the understanding that the restoration 23 and costs of such improvements shall be the sole responsibility of the petitioner, its 24 successors and assigns in the event the City exercises its reserved easement rights. 25 c. No change from the existing grade within the easement area will be permitted without 26 written permission from the Department of Public Works. 27 d. No change in surfacing within the easement area will be permitted without written 28 peiniission from the Department of Public Works. 29 e. The petitioner, its successors and assigns shall indemnify, defend, and save harmless the 30 City of Saint Paul, its officers, agents, employees, and servants from all suits, actions, or 31 claims which shall arise from any injuries or damages received or sustained by any break 32 in any service pipe or connection in said reserved easement arising out of or resulting 33 from any action or negligence of the petitioner, its employees, agents, or business 34 invitees. 35 2. That a permanent utility easement shall be retained within the vacated area on behalf of the City 36 of Saint Paul, Board of Water Commissioners subject to the following restrictions: 37 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or 38 other object that will prohibit normal access to water facilities for maintenance purposes 39 will be permitted within the easement area,. 40 b. No change from the existing_ grade will be permitted without written permission from the 41 Water Utility. , . ., , .- ORIGINAL 3308509 cor -r) tc 1 c. No change in surfacing within the easement area will be permitted without written 2 permission from the Water Utility. 3 d. The petitioner, its successors and assigns shall fully indemnify, defend and save harmless 4 the Board of Water Commissioners, its officers, agents, employees, and servants from all 5 suits, action or claims which shall arise from any injuries or damages received or 6 sustained by any break in any service pipe, water main, or connection in said reserved 7 easement, arising out of or resulting from any action or negligence of the petitioner, its 8 employees, agents or business invitees. 9 3. That a permanent utility easement shall be retained within the vacated area to protect the interest 10 of Northern States Power Company. 11 4. That a permanent utility easement shall be retained within the vacated area to protect the interest 12 of U.S. West Communication, Inc. 13 5. That a permanent utility easement shall be retained within the vacated area to protect the interest 14 of Continental CableVision, Saint Paul, Inc. 15 6. That the petitioner's their successors, and assigns, shall within 60 days of the effective date of 16 this resolution, file with the City Clerk an acceptance in writing of the conditions of this 17 resolution and shall within the period(s) specified in the terms and conditions of this resolution, 18 comply in all respects with these terms and conditions. Yeas Nays Absent Bananav L ✓ 1 Requested by Department of: Blakey ✓ Technoloav & Manag_ement Services Bostrom ,✓ Coleman ./ Harris By: Cat /9 _- Lant Director Reiter ..---- Form Approved by City Attorney � Adopted by Council'. Date ,� ' _ / - �� By: it,� h✓l✓� P �l ' Adoption /Certified by Council, •cretary By: ( `2�.Alk i Appr i ed by Mayor • Sub i- ion to Council Approved by M.r : Date _ t `' i A AIL/y ■ � I�LI� V c r co W s5, V'I Interdepartmental Memorandum CITY OF SAINT PAUL AAAA 9 lF • To: All Council Members From: Peter White 1/7A ) Right of Way Engin 140 City Hall Date: July 8, 1998 Subject: TMS Department Vacation File No. 8-1998 I recommend a public hearing before the City Council be held on August 5. 1998 . The purpose of this hearing is to consider vacating certain right-of-way easements in Swede Hollow Park. This property is located in City Council District 7, Planning District 4. The subject petition is in proper form and has been signed by the requisite number of property owners. cc: Shari Moore (898date) P4 o dct lam' LA FEB 23 P 12. 15 STATE OF MINNESOTA ) COUNTY RECORDER COUNTY OF RAMSEY ) ss. CITY OF ST. PAUL ' I, Shari Moore, Deputy City Clerk of the City of Saint Paul, Minnesota, GO do hereby certify that I have compared the attached copy of Council File No. M 98-716 as adopted by the City Council on August 5, 1998 and approved by the Mayor on August 16, 1998 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 28th day of October 1999. DEPUTY CITY CLERK RETURN Td -- oL ,I' 7 CITIZEN SERVICE OFFICE Fred Owusu,City Clerk P llu L CITY OF SAINT PAUL 170 City Hall Tel.: 651-266-8989 Norm Coleman,Mayor 15 W.Kellogg Boulevard Fax: 651-266-8689 Saint Paul,Minnesota 55102 AAAA October 28, 1999 To: Ramsey County Recorder 45-4-ad- Number Instrument Description Fees CF #98-716 Resolution Swede Hollow Park gP‘.." 3282822 RAMSEY COUNTY RECORDER BY Contact Person: Shari Moore 266-8686 Interdepartmental Memorandum CITY OF SAINT PAUL AAAA RECEIVED FEB 2 61998 To: All Council Members CITY CLERK From: Peter White WA/ Right of Way\Engineer 140 City Hall Date: February 24, 1998 Subject: Swede Hollow - Tower Encroachment The Eastern ' of the North 1/a of vacated 8 th Street lying between the Easterly and Westerly Lines of Lot 3, Block 1, Auditor's Subdivision No.73 I recommend a public hearing before the City Council be held on March 11, 1998 . The purpose of this hearing is to release a part of vacated Eighth St in Swede Hollow Park to clear title to a property. This property is located in City Council District 7, Planning District 4. Please publish this notice By February 28, 1998 . To comply with Chapter 13.01.1 of the City Charter regarding Disposal or diversion of Park Property. cc: Shari Moore NOTICE OF PUBLIC HEARING Notice is hereby given that the petition to release a part of vacated Eithth Street in Swede Hollow Park to clear title to a property, thereof 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 thereof to be held in the Council Chambers on the 3rd floor of City Hall and Court House on the 11th day of March, 1998 at 5 :30 P.M. Dated February 26, 1998 Shari Moore Acting Deputy City Clerk (February 28, 1998) 1'730 'OFFICE nn CCRD R r3ii.. Nfl OCT 2q p : 10 STATE OF MINNESOTA ) ,�- RECORDER COUNTY OF RAMSEY ,) ss. CITY OF ST. PAUL ) CV 0.� Gp I, Shari Moore, Deputy City Clerk of the City of Saint Paul, Minnesota, do hereby certify that I have compared the attached copy of Council File No. 98-716 as adopted by the City Council on August 5, 1998 and approved by the Mayor on August 16, 1998 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 28th day of October 1999. Vtet4.-4_ yerefre---( DEPUTY CITY CLERK ! 7 �► n Ser ���c RETURN T � C� #i7o e c-v ty�45/e • Return copy to: 0 R I G ! !A L 3282822 Council File # Real Estate Division 140 City Hall Green Sheet # Sa.X99 \v� RESOLUTION CITY OF SAINT PAUL, MINNESOT A •S3 Presented By /J Referred To Committee: Date 1 BE IT RESOLVED, that, upon the petition of the Mayor of the City of Saint Paul on behalf of the 2 Department of Parks and Recreation, as documented in Finance Department File Number 8-1998, public 3 properties hereinafter described are hereby vacated and discontinued as public right-of-way for the 4 purpose of including vacated land in Swede Hollow Park: 5 The property to be vacated is described as follows: 6 Parcel #1. In the northeast quarter of the northeast quarter of Section 32, Township 29, Range 22, all 7 that part of Bates Avenue lying northerly of the north right-of-way line of Maury Street: 8 Parcel #2. In the northeast quarter of the northeast quarter of Section 32, Township 29, Range 22, all 9 that part of Maury Street lying westerly of the west right-of-way line of Bates Avenue; 10 Parcel #3. In the northeast quarter of the northeast quarter of Section 32, Township 29, Range 22, all 11 that part of Truxton Street lying northerly of a line running from the northwest corner of 12 Lot 19, Block 11, Irvine's Second Addition to the northeast corner of Lot 6, Block 12, 13 Irvine's Second Addition; 14 Parcel #4. In the northeast quarter of the northeast quarter of Section 32, Township 29, Range 22, all 15 that part of Fountain Place lying northerly of a line running from the northwest corner of 16 Lot 13, Block 12, Irvine's Second Addition to the northeast corner of Lot 4, Block 13, 17 Irvine's Second Addition; 18 Parcel #5. In the north half of Section 32, Township 29, Range 22, all that part of North Street lying 19 within the following described line: 20 Beginning at the southwest corner of Lot 6, Block 13, Irvine's Second Addition, 21 being a point on the north right-of-way line of North Street; thence westerly along 22 said north right-of-way line a distance of 240.00 feet to the southwest corner of 23 Lot 12, Block 13, Irvine's Second Addition; thence southerly along a southerly 24 extension of the west line of said Lot 12 a distance of 30.00 feet to the centerline 25 of the said North Street; thence easterly along the said centerline of North Street 26 to the west line of the northeast quarter of the said Section 32; thence southerly 27 along the said west line a distance of 30.00 feet to the south right-of-way line of 28 the said North Street; thence easterly along the said south right-of-way line to the 29 intersection of said right-of-way line with the southerly extension of the west line 30 of the said Lot 6; thence northerly a distance of 60.00 feet to the point of 31 beginning; /Off / (9--- ORIGINAL 3282822 Cl -9 t(c. 1 Parcel #6. In the southeast quarter of the northwest quarter of Section 32, Township 29, Range 22, 2 all that part of Culvert Street lying southwesterly of the northwesterly extension of the 3 southwesterly line of Lot 1, Block 1, Wagener's Addition and easterly of the east line of 4 the Burlington Northern right-of-way; 5 Parcel #7. In the southeast quarter of the northwest quarter of Section 32, Township 29, Range 22, 6 all that part of Wagener Street lying westerly of the west line of the northeast quarter of 7 the said Section 32, Township 29, Range 22 and easterly of the east line of the Burlington 8 Northern right-of-way. 9 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the 10 Saint Paul Legislative Code as amended, and to the following conditions: 11 1. That a permanent utility easement shall be retained on, over, under and across the vacated area on 12 behalf of the City of Saint Paul, Department of Public Works to reserve the right of the City to 13 maintain and operate any sewer in or upon said easement and to enter upon said easement or any 14 portion thereof at any time and from time to time, for the purposes of future construction, 15 reconstruction, inspecting, maintaining or repairing the same or any part thereof and shall be 16 subject to the following conditions: 17 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any 18 other objects that will prohibit normal access to utility facilities for maintenance purposes 19 will be permitted within the easement area. 20 b. Improvements in or upon the above described easement that do not prohibit the City from 21 exercising its reserved rights may be allowed by obtaining written permission from the 22 Department of Public Works Sewer Division with the understanding that the restoration 23 and costs of such improvements shall be the sole responsibility of the petitioner, its 24 successors and assigns in the event the City exercises its reserved easement rights. 25 c. No change from the existing grade within the easement area will be permitted without 26 written permission from the Department of Public Works. 27 d. No change in surfacing within the easement area will be permitted without written 28 permission from the Department of Public Works. 29 e. The petitioner, its successors and assigns shall indemnify, defend, and save harmless the 30 City of Saint Paul, its officers, agents, employees, and servants from all suits, actions, or 31 claims which shall arise from any injuries or damages received or sustained by any break 32 in any service pipe or connection in said reserved easement arising out of or resulting 33 from any action or negligence of the petitioner, its employees, agents, or business 34 invitees. 35 2. That a permanent utility easement shall be retained within the vacated area on behalf of the City 36 of Saint Paul, Board of Water Commissioners subject to the following restrictions: 37 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or 38 other object that will prohibit normal access to water facilities for maintenance purposes 39 will be permitted within the easement area,. 40 b. No change from the existing grade will be permitted without written permission from the 41 Water Utility. 3 . ORIGINAL 3282822 ctz -r) tC, 1 c. No change in surfacing within the easement area will be permitted without written 2 permission from the Water Utility. 3 d. The petitioner, its successors and assigns shall fully indemnify, defend and save harmless 4 the Board of Water Commissioners, its officers, agents, employees, and servants from all 5 suits, action or claims which shall arise from any injuries or damages received or 6 sustained by any break in any service pipe, water main, or connection in said reserved 7 easement, arising out of or resulting from any action or negligence of the petitioner, its 8 employees, agents or business invitees. 9 3. That a permanent utility easement shall be retained within the vacated area to protect the interest 10 of Northern States Power Company. 11 4. That a permanent utility easement shall be retained within the vacated area to protect the interest 12 of U.S. West Communication, Inc. 13 5. That a permanent utility easement shall be retained within the vacated area to protect the interest 14 of Continental CableVision, Saint Paul, Inc. 15 6. That the petitioner's their successors, and assigns, shall within 60 days of the effective date of 16 this resolution, file with the City Clerk an acceptance in writing of the conditions of this 17 resolution and shall within the period(s) specified in the terms and conditions of this resolution, 18 comply in all respects with these terms and conditions. Yeas Nays Absent Bananav :✓' Requested by Department of: Blakey ✓ 1 Technology & Management Services Bostrom ,✓ Coleman ✓ [ Harris 4✓ By: Ca 794#11Z--- Lantry ✓ rO W Director Reiter ] ..---- Form Approved by City Attorney G / / / Adopted by CounciP.. Date y. ..$-- 779 By: i.,4 i /} /P/4l,�Adoption Certified by Cou cil ''// etary By: (2 ,' `h, G{ % Appr ed by Mayor • Sub i• ion to Council Approved by M off: Dat-� .b ��� \6 / s1 ref V 4 -n 1.. a 7� 4 xl n ea,A, 4+ ---4 •S'LAjett 4611-16-41°- d CSC > p 046 /-, 4 fC / A cho )?: , a 0' td n b to To. �+ 1� `_`y 100' 73 _ r >Y � CO A 03 n ' * ` c cu N �n N �� 0 4P 40' 40' 40' 40' �_. 4 ' 40' 40=`-� `�-�� `-��-��� BASES---AVE. - _ - __-� .. 40' 40' 40' 40' 45' 40' 40' 40' 40' 40' 40' 40' 45' 9 to r X O A O U h~+ N 4P C Q J 0 Ct Q) -.1 OD x tAI < rl ' n Z ti 4. _ 1 t d co 7.. � ✓ A W r O N A 1 A CO to •-■ CO 00 -7 0 CR A. v ~ u 1 O . 9 40' 40' 40' 40' I 45' _ 40' 40' 40' 40' _40' 40' 40 0 45' , 60' - - ---GR-EENBRTER - - --ST. P w e Vs tri .+n "' pri IC, n 3 0%.( -4 = l' P I �°°� n C x m � o .� ao — 7, n r N E 04 . • t.4 3 .-. u <Q Z Q O Oo c N W in T -o f 150' ;� �_ o N Vest tk►e of 1E 1/4 of Sec 32, T29, R22-- ` : VI tTj c-fl ' cm L-' CI C 3 Z 0 150' CO �0 40' 40' 40' 40' 40' ^> 7 o ` Y 19. +• vj v� 0 00 g oto cn ►P co c� O N -� p `A Z .+ S c `; G./ 3 'C as 3 ro W o os 116.5' _ 40' 40' 40' 40' 40' D Di , ,T, 4, 40 40' 40' 0..1 `t Q r r Fa ~ 4.° r + Z P Ct 01 st ut A 0 a 4 o A CD II d:#1\ 4. CO .4... 1.k 9 4. 1?..... l'"I Xi rri 1k 4. a3 , 116;5' 4 40' 40' 4 40 CO 116.5' 40' 40' 40' 40' 40' 40' N M A A F-+ pd r+ 0., M-+ �+. e'�+ r+ Cv 0P CA C3 •J 00 ►�.+ `3 i 1 v rn P C I d i .�+t7 < 3 Z ! C V) Co.< � � • O 3 O o ° ∎ o > co-D `° z 3+ ' 3 O Q � w 3 .- ev C P N 1.....1 a r 1-11:\ 3 t".1 PAYS— — — AVE. — — 7- w �+ \ 1 100' ; 50' 50, p0'i 50' 50' I o O a I; I �+ I< I 4 ON M b I -- I ."Igi I" , , C) I I \ 1 c - '-' In i I In ro cn I N�lo liv c ! f co to I N wa i 1 ± :- I ' Nit' `� n� ykT't 5 I `� t`Oii I -- L` A o GO 7'14 w ri ►-� to 1 P `!\ {20 WI •.7 I i ul to i I RI i I 1 -_ I - g i 1tn I \ c I Ic I �� 1 A 33' I 100' -0' ��'� , I ( ' �� -�• I _L_ go•_J �• v y 4:- • ...•-;- \ ___ -..t.. \ , Live I xyw_3o-?481d - �"i \ lir'i\ �•I. .. g . , - - I ____ ...._ :,,,, \ ,,,.. C/L SEWER ESMT. - .riff `';_` ON o . ------------7:-.-- --- i■ .:' dl IR.\ "-tr..° „--,--3--_-: I I 00 \ *\ \ tt- -Atk4r11)1, zza •62t 'ze =+s 40 VI 3,+ io a+n isaA -D a c) r*I r V I R t) i C �0 f p 'p�h 11 m O ND a i , Z Q r 3 r V n ff 1 O 3 N > Z Return copy to: OR 1 G ! ^!AL Council File # Rg 'tk`b Real Estate Division 140 City Hall Green Sheet#Sa III RESOLUTION CITY OF SAINT PAUL, MINNESOTA 'S3 Presented By // Referred To Committee: Date 1 BE IT RESOLVED, that, upon the petition of the Mayor of the City of Saint Paul on behalf of the 2 Department of Parks and Recreation, as documented in Finance Department File Number 8-1998, public 3 properties hereinafter described are hereby vacated and discontinued as public right-of-way for the 4 purpose of including vacated land in Swede Hollow Park: 5 The property to be vacated is described as follows: 6 Parcel #1. In the northeast quarter of the northeast quarter of Section 32, Township 29, Range 22, all 7 that part of Bates Avenue lying northerly of the north right-of-way line of Maury Street: 8 Parcel #2. In the northeast quarter of the northeast quarter of Section 32, Township 29, Range 22, all 9 that part of Maury Street lying westerly of the west right-of-way line of Bates Avenue; 10 Parcel #3. In the northeast quarter of the northeast quarter of Section 32, Township 29, Range 22, all 11 that part of Truxton Street lying northerly of a line running from the northwest corner of 12 Lot 19, Block 11, Irvine's Second Addition to the northeast corner of Lot 6, Block 12, 13 Irvine's Second Addition; 14 Parcel #4. In the northeast quarter of the northeast quarter of Section 32, Township 29, Range 22, all 15 that part of Fountain Place lying northerly of a line running from the northwest corner of 16 Lot 13, Block 12, Irvine's Second Addition to the northeast corner of Lot 4, Block 13, 17 Irvine's Second Addition; 18 Parcel #5. In the north half of Section 32, Township 29, Range 22, all that part of North Street lying 19 within the following described line: 20 Beginning at the southwest corner of Lot 6, Block 13, Irvine's Second Addition, 21 being a point on the north right-of-way line of North Street; thence westerly along 22 said north right-of-way line a distance of 240.00 feet to the southwest corner of 23 Lot 12, Block 13, Irvine's Second Addition; thence southerly along a southerly 24 extension of the west line of said Lot 12 a distance of 30.00 feet to the centerline 25 of the said North Street; thence easterly along the said centerline of North Street 26 to the west line of the northeast quarter of the said Section 32; thence southerly 27 along the said west line a distance of 30.00 feet to the south right-of-way line of 28 the said North Street; thence easterly along the said south right-of-way line to the 29 intersection of said right-of-way line with the southerly extension of the west line 30 of the said Lot 6; thence northerly a distance of 60.00 feet to the point of 31 beginning, ORIGINAL c -9\(0 1 Parcel #6. In the southeast quarter of the northwest quarter of Section 32, Township 29, Range 22, 2 all that part of Culvert Street lying southwesterly of the northwesterly extension of the 3 southwesterly line of Lot 1, Block 1, Wagener's Addition and easterly of the east line of 4 the Burlington Northern right-of-way; 5 Parcel #7. In the southeast quarter of the northwest quarter of Section 32, Township 29, Range 22, 6 all that part of Wagener Street lying westerly of the west line of the northeast quarter of 7 the said Section 32, Township 29, Range 22 and easterly of the east line of the Burlington 8 Northern right-of-way. 9 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the 10 Saint Paul Legislative Code as amended, and to the following conditions: 11 1. That a permanent utility easement shall be retained on, over, under and across the vacated area on 12 behalf of the City of Saint Paul, Department of Public Works to reserve the right of the City to 13 maintain and operate any sewer in or upon said easement and to enter upon said easement or any 14 portion thereof at any time and from time to time, for the purposes of future construction, 15 reconstruction, inspecting, maintaining or repairing the same or any part thereof and shall be 16 subject to the following conditions: 17 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any 18 other objects that will prohibit normal access to utility facilities for maintenance purposes 19 will be permitted within the easement area. 20 b. Improvements in or upon the above described easement that do not prohibit the City from 21 exercising its reserved rights may be allowed by obtaining written permission from the 22 Department of Public Works Sewer Division with the understanding that the restoration 23 and costs of such improvements shall be the sole responsibility of the petitioner, its 24 successors and assigns in the event the City exercises its reserved easement rights. 25 c. No change from the existing grade within the easement area will be permitted without 26 written permission from the Department of Public Works. 27 d. No change in surfacing within the easement area will be permitted without written 28 permission from the Department of Public Works. 29 e. The petitioner, its successors and assigns shall indemnify, defend, and save harmless the 30 City of Saint Paul, its officers, agents, employees, and servants from all suits, actions, or 31 claims which shall arise from any injuries or damages received or sustained by any break 32 in any service pipe or connection in said reserved easement arising out of or resulting 33 from any action or negligence of the petitioner, its employees, agents, or business 34 invitees. 35 2. That a permanent utility easement shall be retained within the vacated area on behalf of the City 36 of Saint Paul, Board of Water Commissioners subject to the following restrictions: 37 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or 38 other object that will prohibit normal access to water facilities for maintenance purposes 39 will be permitted within the easement area,. 40 b. No change from the existing grade will be permitted without written permission from the 41 Water Utility. ' v , ORIGINAL ctt -'ltd 1 c. No change in surfacing within the easement area will be permitted without written 2 permission from the Water Utility. 3 d. The petitioner, its successors and assigns shall fully indemnify, defend and save harmless 4 the Board of Water Commissioners, its officers, agents, employees, and servants from all 5 suits, action or claims which shall arise from any injuries or damages received or 6 sustained by any break in any service pipe, water main, or connection in said reserved 7 easement, arising out of or resulting from any action or negligence of the petitioner, its 8 employees, agents or business invitees. 9 3. That a permanent utility easement shall be retained within the vacated area to protect the interest 10 of Northern States Power Company. 11 4. That a permanent utility easement shall be retained within the vacated area to protect the interest 12 of U.S. West Communication, Inc. 13 5. That a permanent utility easement shall be retained within the vacated area to protect the interest 14 of Continental CableVision, Saint Paul, Inc. 15 6. That the petitioner's their successors, and assigns, shall within 60 days of the effective date of 16 this resolution, file with the City Clerk an acceptance in writing of the conditions of this 17 resolution and shall within the period(s) specified in the terms and conditions of this resolution, 18 comply in all respects with these terms and conditions. Yeas Nays Absent Bananav ✓ Requested by Department of: Blakey ✓ Technology & Management Services Bostrom ,✓ Coleman ,✓ /96 _ By: Lantry ✓ Director Reiter ✓ Form Approved by City Attorney �� ""__ Adopted by Council'. Date , _ / - By: �L,,a, l z P cc Adoption -rtified by Cou.cil •cretary By: _ r/ �.. ',, rr — Appr•*ed by Mayor • Sub i• ion to Council Approved by M.* : Da t. � 1. Val I I / /�, By: _►� ■�Ctia� 1 l 'I��_I■ CITIZEN SERVICE OFFICE Fred Owusu,City Clerk PASAI AI L CITY OF SAINT PAUL 170 City Hall Tel: 651-266-8989 Norm Coleman,Mayor 15 W.Kellogg Boulevard Fax: 651-266-8689 Saint Paul,Minnesota 55102 MUM ••• December 29, 1998 Linda Dickhut Department of Public Works Room 800, City Hall Annex Dear Linda: Please prepare prints showing the vacation of that part of Swede Hollow Park in the City of St. Paul as fully described in Council File 98-716. Please be advised that the necessary acceptance and compensation have been filed. Sincerely, Shari Moore Deputy City Clerk SM cc: Valuation Engineer Finance File No. 8-1998 Saint Paul, Minnesota August 25, 1998 To the Honorable,the City Council Saint Paul, Minnesota Dear Council Members: We,the undersigned petitioners, hereby accept and agree to comply with the terms and conditions of Council File No. 98-716 adopted by the City Council on August 5, 1998, and signed by the Mayor on August 16, 1998. L IA CITIZEN SERVICE OFFICE Fred Owusu,City Clerk ' SAINT CITY OF SAINT PAUL PAUL 170 City Hall Tel.: 612-266-8989 I* Norm Coleman,Mayor 15 W.Kellogg Boulevard Fax: 612-266-8689 Saint Paul,Minnesota 55102 Web:http://www.stpauLgov AMA TDD:266-8509 iililiiimil August 25, 1998 Mayor Norm Coleman 390 City Hall Saint Paul, MN 55102 Dear Mayor Coleman: Enclosed is a copy of Council File 98-716 which was adopted by the City Council on August 5, 1998. The resolution provides for the vacation of that part of Swede Hollow Park as more fully described in the attached resolution. Also enclosed is an acceptance of the terms of the resolution which must also be signed and filed here within said time. Sincerely, ,,,;ZzA-c'/0ei-( Shari Moore Deputy City Clerk cc: Valuation Engineer - Finance File No. 8-1998 Enc. NOTICE OF PUBLIC HEARING Notice is hereby given that the petition of The City of Saint Paul for the vacation of certain right-of-way easements in Swede Hollow Park, thereof 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 thereof to be held in the Council Chambers on the 3rd floor of City Hall and Court House on the 5th day of August, 1998 at 5 :30 P.M. Dated July 10, 1998 Shari Moore Deputy City Clerk (July 14, 1998) APPLICANT NAME : ks-4--R -• • • VACATIONS CHECI:LIST citizen in person or by mail Mayor _get check for S 100 heck 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 .c10),..),. ' vdate completed column a column b , date completed 1 } +-create file with Meanwhile,have • -7-76,- 3 property name, file Real Estate check that all /)-- alphabetical�y in Fran's conditions have been office complied with 41t-CSC • 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 ! l 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 7- q_ y Valuations-with_date.of 1 -1 - 9 • public-hearing- • Prepare Public.Hearing _Prepare.3 packets: Notice_for.Legal copy of acertified Ledger: Resolution,-.Mylar.or 1 Make:copies of prints,-.and-routing slips. 1 7- (0 -- Notice._.Send: for Abstract,Torrens, or original•to Legal ii f Ledger e one packet and /O - one to Council blueprints to Land Research Secretary Records and wait for it to i one to Real Estate be stamped Director take Abstract and/or _one in file Torrens to Recorders office and put in T and/or • • A box with stamped land records packet Wait for Resolution to Wait for documents or (16-11(Q be adopted route slip with document �, number to tzet back from --',`) -f•8 Recorder when Resolution is Print name of adopted_make 5 copies: petitioner. short legal )64'6- ,.send ope f o description. pane I — resolution. terms and number. and new conditions. and letter vacation number into requesting S500 fee to Vacation book(toss old t Petitioner file). Cu:pubiic hearinc notice from Legal Ledger and paste into Vacation Book with copy of Resolution I I wait for fees and forms When reran-led. ), - 3 9 .16 be returned prepare new Ille with vacation number r � I — take check and place all documents 1 copy of Resolution to in new vacation boxes in Treasury Department vault. immediately Treasury will return Counry Recorder will receipt to City Clerk's send bill for costs to City Office, but proceed to Clerk -- give to person next two steps while who handles bilis. waiting for this. Go to column b I finished revised 3/97