98-37 (2) Return copy to: Council File# o t8' "3'7
Real Estate Division
V 140 City Hall Green Sheet # 3 IS'y a
RESOLUTION
OP1qIM `1 SAINT PAUL, MINNESOTA ih\
Presented By . /V�' <f
Referred To Committee: Date
1 BE IT RESOLVED, that, upon the petition of Paul K Olson, as documented in Finance Department
2 File Number 17-1997, public properties hereinafter described are hereby vacated and discontinued as
3 public property: and, subject to the herein stated exceptions, the easements within those public
4 properties are hereby released.
5
6 The property to be vacated is described as follows:
7
8 That portion of Idaho Avenue lying between Lot 15 Block 3 Rice street Villas and the north
9 R.O.W. line of Wheelock Parkway.
10
11 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of
12 the Saint Paul Legislative Code as amended, and to the following conditions:
13
14 1. That the petitioner's, their successors and assigns shall pay $500.00 as an administrative fee
15 for this vacation which is due and payable within 60 days of the effective date of this
16 resolution.
17
18 2. That a permanent utility easement shall be retained on, over, under and across the vacated area
19 on behalf of the City of Saint Paul, Department of Public Works to reserve the right of the
20 City to maintain and operate any sewer in or upon said easement and to enter upon said
21 easement or any portion thereof at any time and from time to time, for the purposes of future
22 construction, reconstruction, inspecting, maintaining or repairing the same or any part thereof
23 and shall be subject to the following conditions:
24
25 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or
76 any other objects that will prohibit normal access to utility facilities for maintenance
27 purposes will be permitted within the easement area.
28
29 b. Improvements in or upon the above described easement that do not prohibit the City
30 from exercising its reserved rights may be allowed by obtaining written permission
31 from the Department of Public Works Sewer Division with the understanding that the
32 restoration and costs of such improvements shall be the sole responsibility of the
33 petitioner, its successors and assigns in the event the City exercises its reserved
34 easement rights.
35
1 c. No change from the existing grade within the easement area will be permitted without��. ��
2 written permission from the Department of Public Works.
3
4 d. No change in surfacing within the easement area will be permitted without written
5 permission from the Department of Public Works.
6
7 e. The petitioner, its successors and assigns shall indemnify, defend, and save harmless
8 the City of Saint Paul, its officers, agents, employees, and servants from all suits,
9 actions, or claims which shall arise from any injuries or damages received or sustained
10 by any break in any service pipe or connection in said reserved easement arising out of
11 or resulting from any action or negligence of the petitioner, its employees, agents, or
12 business invitees.
13
14 3. That a permanent utility easement shall be retained within the vacated area on behalf of the
15 City of Saint Paul, Board of Water Commissioners subject to the following restrictions:
16
17 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or
18 other object that will prohibit normal access to water facilities for maintenance purposes
19 will be permitted within the easement area,.
20
21 b. No change from the existing grade will be permitted without written permission from
22 the Water Utility.
23
24 c. No change in surfacing within the easement area will be permitted without written
25 permission from the Water Utility.
26
27 d. The petitioner, its successors and assigns shall fully indemnify, defend and save
28 harmless the Board of Water Commissioners, its officers, agents, employees, and
29 servants from all suits, action or claims which shall arise from any injuries or damages
30 received or sustained by any break in any service pipe, water main, or connection in
31 said reserved easement, arising out of or resulting from any action or negligence of the
32 petitioner, its employees, agents or business invitees.
34 4. That the petitioner's their successors, and assigns agree to indemnify, defend and save
35 harmless the City of Saint Paul, its officers, and employees from all suits, actions, or claims of
36 any character brought as a result of injuries or damages received or sustained by any person,
37 persons, or property on account of this vacation or petitioner's use of this property, including
38 but not limited to a claim brought because of any act of omission, neglect, or misconduct of
39 said petitioner or because of any claims or liability arising from any violation of any law or
40 regulation made in accordance with the law, whether by the petitioner or any of their agents or
41 employees
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1 5. That the petitioner's their successors, and assigns, shall within 60 days of the effective date of qt
2 this resolution, file with the City Clerk an acceptance in writing of the conditions of this
3 resolution and shall within the period(s) specified in the terms and conditions of this resolution,
4 comply in all respects with these terms and conditions.
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Yeas Na 's Absent
Blake MEM Requested by Department of:
Bostrom ✓ Technology & Management Services
Harris MEM 0 /I 2 /
1=E M� I • By: l '� w, �2. ) 7u./L�v.- I2 f/s7
-C-elms _ Director
one ✓ Form Appr d by City Attorney
MEM MEM
Adopted by Council: Date _ 1L-; 1 C1 k ,k' By: --e. 7- "" " /z -7- 17
Adopti4 Certified by Counci Secretary�
By: ��, . �� � �r Approv-• : avor for S.bmission to Council
Approved by r: Date • � i /
By'
O'Ll1/4A, ('1 By:
• CITIZEN SERVICE OFFICE
Fred Owusu,City Clerk
SAINT CITY OF SAINT PAUL 170 City Hall Tel: 612-266-8989
PAUL ty
Norm Coleman,Mayor 15 W.Kellogg Boulevard Fax: 612-266-8689
Saint Paul,Minnesota 55102
AAAA
June 17, 1998
To: Ramsey County Recorder
Number Instrument Description Fees
CF #95-902 Resolutions Lot 3, Block 15, Rice Street Villas
95-944
3068524
RAMSEY COUNTY RECORDER
BY
Contact Person: Shari Moore
266-8686
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CITIZEN SERVICE OFFICE
Fred Owusu,City Clerk
SAINT CITY OF SAINT PAUL 170 City Hall Tel: 651-266-8989
PAUL
01* Norm Coleman,Mayor 15 W.Kellogg Boulevard Fax: 651-266-8689
Saint Paul,Minnesota 55102
AAAA
January 11, 1999
Linda Dickhut
Department of Public Works
Room 800, City Hall Annex
Dear Linda:
Attached is council file 98-1112 which clarifies the language of the Idaho Avenue vacation
council file 98-37.
The necessary acceptance and compensation have been filed.
Sincerely,
476'61-e_
Shari Moore
Deputy City Clerk
SM
cc: Valuation Engineer
Finance File No. 17-1997
•
Return copy to: Council File# aka. `\\\a-
Real Estate Division L R I V I N A L
140 City Hall Green Sheet#630
RESOLUTION
l
OILTY OF SAINT PAUL, MINNESOTA �9
Presented By
Referred To Committee: Date
1 WHEREAS, the Council of the City of Saint Paul, did by Council Resolution C.F. # 98-37, dated
2 January 14, 1998, vacate and discontinue as public property a portion of Idaho Avenue, and
3
4 WHEREAS,the Department of Public Works has requested a clarification of the legal description of
5 said property in order to facilitate the recording of said property with Ramsey County, NOW
6 THEREFORE
7
8 BE IT RESOLVED,that C.F. # 98-37 is hereby amended to include the following as the correct legal
9 description of the vacated area:
10
11 That portion of Idaho Avenue lying between Lot 15, Block 3 of Rice Street Villas and a line
12 60.00 feet northerly of and parallel with the following described line:
13
14 Commencing at the intersection of center line Wheelock Parkway, as described by a
15 resolution adopted January 6, 1908, and the east line of Section 24, Township 29
16 North, Range 23 West; thence westerly at an angle of 90 degrees 18 minutes 00
17 seconds from north to west from said east line of Section 24, along said center line a
18 distance of 490.9 feet to the point of beginning; thence on a tangential 8 degree curve
19 to the left, central angle 28 degrees 47 minutes 00seconds, a distance of 359.8 feet
20 and there terminating.
21
22 AND BE IT FURTHER RESOLVED,that all terms and conditions set forth in C.F. #98-37 shall
23 remain in full force and effect.
Yeas Nays Absent
Benanav �_ Requested by Department of:
Blakey Technology & Management Services
Bostrom
Coleman Li/Harris �/ By:
Lantry pt G7/tib Director
Reiter ✓ [ I Form Appr d by City Attorney
Adopted by Council: Date (0 ' \ l r By:
Adoption Certified by Council Secret. y /
By: ,. /���,�... "Appr• -d by Mayor 'or .ub '4:ion to •uncil
Appro -4 by�� • 7 _ _- MTMW /
By: /L I/. B /4
CITY OF ST . PAUL RECEIPT # 095551
CASH RECEIPT PAGE 1
PREPARED BY : ESTER 6g8"1 , DATE 03/16/98
DEPARTMENT : EXECUTIVE ADMINISTRATION _'ATE : 03/16/98
(ACCOUNT REFERENCE D' c.)--)o ATV
00 1 4c0 1300*2833 Re, ‘
VACATION OF STREE J/
COUNCIL FILE #97- (e
1-20-98 SHELLI C q
RECEIVED BY TREASURY : _ ____
‘>> /---/Cik- (C
_._____.__
REPLACES TEMPORARY RECEIPT .# � \ /
x may
0
Return copy to: Council File# 98 -37
Real Estate Division
V 140 City Hall Green Sheet# 3 9S 1 e
• RESOLUTION
f CITY OF SAINT PAUL, MINNESOTA Z�
� s .st�
i OP
Presented B,��
Referred To Committee: Date
1 BE IT RESOLVED, that, upon the petition of Paul K Olson, as documented in Finance Department
2 File Number 17-1997, public properties hereinafter described are hereby vacated and discontinued as
3 public property: and, subject to the herein stated exceptions, the easements within those public
4 properties are hereby released.
5
6 The property to be vacated is described as follows:
7
8 That portion of Idaho Avenue lying between Lot 15 Block 3 Rice street Villas and the north
9 R.O.W. line of Wheelock Parkway.
10
11 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of
12 the Saint Paul Legislative Code as amended, and to the following conditions:
13
14 1. That the petitioner's, their successors and assigns shall pay $500.00 as an administrative fee
15 for this vacation which is due and payable within 60 days of the effective date of this
16 resolution.
17
18 2. That a permanent utility easement shall be retained on, over, under and across the vacated area
19 on behalf of the City of Saint Paul, Department of Public Works to reserve the right of the
20 City to maintain and operate any sewer in or upon said easement and to enter upon said
21 easement or any portion thereof at any time and from time to time, for the purposes of future
22 construction, reconstruction, inspecting, maintaining or repairing the same or any part thereof
23 and shall be subject to the following conditions:
24
25 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or
26 any other objects that will prohibit normal access to utility facilities for maintenance
27 purposes will be permitted within the easement area.
28
29 b. Improvements in or upon the above described easement that do not prohibit the City
30 from exercising its reserved rights may be allowed by obtaining written permission
31 from the Department of Public Works Sewer Division with the understanding that the
32 restoration and costs of such improvements shall be the sole responsibility of the
33 petitioner, its successors and assigns in the event the City exercises its reserved
34 easement rights.
35