96-1544 (2) -Return copy to: V.\0 S �' �'�� �� Council File# 9(- IS L
Real Estate Division .1k■ c ■
140 City Hall
1 Green Sheet# 400.1g
RESOLUTION A rnevA
1C • SAINT PAUL, MINNESOTA 1 .111,U0,
Presented By J
Referred To Committee: Date
1 BE IT RESOLVED, that, upon the petition of K/B Fund III, as documented in Finance Department
2 File Number 13-1996, 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 The property to be vacated, as shown in Exhibit A, pages 1, 2 and 3, is described as follows:
6 Tracts D, P, R, ZZ, and, FFF, Registered Land Survey No. 518, together with that portion of
7 Tract BBB, Registered Land Survey No. 518, lying between elevations 100.42 feet and 104.76
8 feet and lying within the following described boundaries:
9 Commencing at Point L shown on said Tract BBB; thence N54° 51' 16"E along the
10 common tract line of Tracts BBB and CCC, Registered Land Survey No. 518, a
11 distance of 2.93 feet to the actual point of beginning of the parcel to be described;
12 thence N35° 14' 16"W a distance of 12.30 feet; thence N54° 45' 44"E a distance of
13 5.87 feet to the common tract line of Tracts BBB and FFF, Registered Land Survey
14 No. 518; thence S35° 14' 16"E along the common tract line of said Tracts BBB, FFF
15 and CCC, a distance of 12.30 feet; thence S54° 51' 16"W along the common tract line
16 of Tracts BBB and CCC, Registered Land Survey No. 518, a distance of 5.87 feet,
17 more or less to the actual point of beginning.
18 that portion of Tract BBB, Registered Land Survey Nol. 518, lying above a sloping plane
19 surface having an elevation of 94.30 feet along Line E shown on said Tract BBB, and an
20 elevation of 100.42 feet along Line F shown on said Tract BBB, and lying within the following
21 described boundaries:
22 Commencing at said Point L; thence N54° 51' 16"E along the common tract line of
23 Tracts BBB and CCC, Registered Land Survey No. 518, a distance of 2.93 feet; thence
24 N35° 14' 16"W a distance of 12.30 feet to the actual point of beginning of the parcel to
25 be described, thence N35° 14' 16" W a distance of 10.52 feet to the point of beginning
26 of Line E; thence N54° 45' 44"E a distance of 5.87 feet along said Line E to the point
27 of termination of said Line E; thence S35° 14' 16: E along the common tract line of
28 Tracts BBB and FFF, Registered Land Survey No. 518, a distance of 10.52 feet to the
29 point of beginning of Line F; thence S54° 45' 44:W a distance of 5.87 feet, more or
30 less, along said Line F to the actual point of beginning, said point also being the point
31 of termination of said Line F.
32 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of
33 the Saint Paul Legislative Code as amended, and to the following conditions:
34 I. That the petitioner's, their successors and assigns shall pay $500.00 as an administrative fee v
35 for this vacation which is due and payable within 60 days of the effective date of this
36 resolution.
up to $12,500 staff time and $161 ,000
for the appraised value
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9 nsert below: rnehd.4 ,a.1 „ (cu. — I 31411
AC-6. That the petitioners, their successors and assigns should provide all reasonably requested
financial documentation prior to the receipt of any deeds.
1 2. That the petitioner's their successors, and assigns agree to indemnify, defend and save
2 harmless the City of Saint Paul, its officers, and employees from all suits, actions, or claims of
3 any character brought as a result of injuries or damages received or sustained by any person,
4 persons, or property on account of this vacation or petitioner's use of this property, including
5 but not limited to a claim brought because of any act of omission, neglect, or misconduct of
6 said petitioner or because of any claims or liability arising from any violation of any law or
7 regulation made in accordance with the law, whether by the petitioner or any of their agents or
8 employees
9 3. That, to accommodate pedestrian access and circulation, the petitioner shall, on or before July
10 1, 1997 or such later date as may be agreed to in writing by the City, dedicate skyway
11 easements, to be described when the survey is completed after construction, as shown on
12 Exhibit B, pages 1 and 2.
13 4. That the skyway easements so dedicated shall be operated and maintained by K/B Fund III in
14 accordance with Skyways Cls ter 140 of the Saiint Paul Le is ative ode, including but not
limited, to havifig the skyways open during establ'lshed skyway hours.
15 5. l hat 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
18 resolution, comply in all respects with these terms and conditions.
7C SGe 4tsoy inner .
19 BE IT FURTHER RESOLVED, that, for the sum of $161,000 representing the value of the City's
20 interest in the properties herein vacated as established by an independent appraisal, the proper City
21 officials shall convey the said City interest to K/B Fund III, as provided in Chapter 51.01(8) of the
22 Administrative Code.
23 BE IT FURTHER RESOLVED, that the proper City officials are hereby authorized and directed to
24 accept, on behalf of the City of Saint Paul, the skyway easements, as shown in Exhibit B, pages 1 and
25 2, to be dedicated by K/B Fund III.
26 BE IT FURTHER RESOLVED, that the City shall dedicate an easement, to be described when the
27 survey is completed after construction, through that part of the Loft Level of Town Square occupied
28 by Town Square Park, to accommodate exhaust ducting from the Skyway Level retail area.
See
Yeas I Nays Absent
Blakey ( ✓ Il Requested by Department of:
Bostrom ✓ [ Finance & Management Services
Guerin ✓
Harris ✓ J V
Megard ✓ By
Rettman I ✓.I ifx/v Director
IThune JI ✓I Form Approved by City Attorney
11111:4011[ CI I
Adopted by Council: Date (,m_. t I `igc, By: _,‘, --/-,//-20k-V)-t-e----N
Adoption Certified by Council Secretary
By: Approved by Mayor for Submission to Council
Approved by Ma : Date ��j � f_
By: By: / l� C-
�� - lsyy
Additional page of amendments to Council File 96-1544:
FINALLY BE IT RESOLVED, access (via easement and public space) shall always allow public
access to the Town Square Park during Park hours;
FINALLY, the petitioners,their successors, and assigns shall hold an opening benefit and
contribute those proceeds to a designated Saint Paul charity,
FINALLY, nothing in this vacation resolution commits the City of Saint Paul or the Housing
Redevelopment Authority to any funding now or in the future;
FINALLY BE IT RESOLVED, the $161,000 appraisal dollars is to be placed in the HRA/PED
development fund.
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DOHERTY 2800 Minnesota World Trade Center 3500 Fifth Street Towers
30 East Seventh Street 150 South Fifth Street 1401 New York Avenue,N.W. 2370 One Tabor Center
Suite 11(10 1200 Seventeenth Street
RUMBLESaint Paul,Minnesota 55101-4999 Minneapolis,Minnesota 55402-4235 Washington,D.C.20005 Denver,Colorado 80202-5823
BUTLER FAX (612)291-9333 Telephone(612)340-5555 Telephone(202)393-2554 Telephone(303)572-6200
FAX(612)291-9313 FAX(612)340-5584 FAX(202)393-3131 FAX(303)572-6203
PROFESSIONAL ASSOCIATION
Attorneys at Law Writer's direct dial number (612) 291-9406 Reply to St.Paul office
RECEIVED
February 14 , 1997
FEB 141997
CITY CLERK
VIA HAND DELIVERY
City Clerk
City of Saint Paul
Room 170, City Hall
15 West Kellogg Boulevard
St . Paul, MN 55102
Re: Letter of Acceptance of K/B Fund III
Council File No. 96-154
Dear Sir or Madam:
Enclosed is the signed Letter of Acceptance for the Substituted and
Amended Resolution by the City Council adopted on December 11,
1996, File No. 96-154, for vacation of certain public properties .
Also enclosed is a check in the amount of $500 in payment of the
administrative fee .
Please call me with any questions .
Sin erely, ,
i
,ada, / I
i'i inda T. Hatten
LTH276365.1tr
Enclosure
c : Ms . Carolyn M. McCann
Saint Paul, Minnesota
February 3, 1997
RECEIVED
To the Honorable, the City Council
FEB 12 1997
Saint Paul, Minnesota
DOneriy Kuinple & Butler
Dear Council Members:
We, the undersigned petitioners, hereby accept and agree to comply with the terms and
conditions of Council File No. 96-154, adopted by the City Council on December 11, 1996, and
signed by the Mayor on December 20, 1996.
K/B FUND III, a Delaware general partnership
By K/B OPPORTUNITY FUND III, L.P.,
a Delaware limited partnership,
Its General Partner
By KB OPPORTUNITY INVESTORS, a
California general partnership
By KOLL INVESTMENT MANAGEMENT, INC.,
d/b/a K/B REALTY ADVISORS, a
California corporation,
Its Ge•• al Partner
By gr-
Its A ,
LTH 275088 acc