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00-177 (2) ZO 16/5° DOC# 3328658 C l Certified Recorded On JUNE 28,2880 AT 87:88AN 1 Signed: OFFICE CO.RECORDER RAMSEY COUNTY MI Fee Aiount: $19.58 11111 III 111 11 1111 11111 III 11111111 STATE OF MINNESOTA ) COUNTY OF RAMSEY ) ss. CITY OF SAINT PAUL ) 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. 00-177 as adopted by the City Council on February 23, 2000 and approved by the Mayor on February 29, 2000 with the original thereof on file in my nff \.) aid copy is a true and correct copy of said original .ND LI vvi ivtSS, my hand and the seal of the City of Saint Paul, Minnesota this 1st day of June, 2000. -7,e261- DEPUTY CITY CLERK ae l c„u #:‘)Ciri 11111111111111111 il I:1 11'1 III R.turn copy to: DOC# 3328658 Council File# c •��1 Real Estate Division ORIGINAL 140 City Hall Green Sheet# 1c011.05 O TION CITY 6 ■ IN • , UL, ► INNTrS0T'A /77 4r Presented By Referred To Committee: Date 1 2 3 4 BE IT RESOLVED, that, upon the petition o&ilder Foundation, as documented in Technology and 5 Management Services Department File Number 10-1999, public properties hereinafter described are 6 hereby vacated and discontinued as public property: and, subject to the herein stated exceptions, the 7 easements within those public properties are hereby released. 8 9 10 11 The property to be vacated is described as follows: 12 13 14 15 All that part of the east and west alley as platted in Vollmer's Rearrangement, lying between the 16 west line of Robert Street and the east line of Livingston Avenue; also, 17 18 19 20 All that part of said Livingston Avenue lying south of a line parallel with, and 131.5 feet north 21 of, the north line of George Street, and lying north of the westerly extension of the center line of 22 east and west alley as platted in Vollmer's Rearrangement, lying between the west line of Robert 23 Street and the east line of Livingston Avenue; also, 24 25 All that part of said Livingston Avenue lying between the south line of Congress Street and a line 26 parallel with and 175 feet north of the north line of vacated Winifred Street. 27 28 29 30 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the 31 Saint Paul Legislative Code as amended, and to the following conditions: 32 33 34 �D��TE1ANSfER 03" RE 35 ENTERr_ j PERT(VOG• 'ION DIRECTOR, mannesata Ramsey County, (")'■ 6Y DOC# 3328658 00 -1-7Z 1 1. That the petitioner's, their successors and assigns shall pay$500.00 as an administrative fee for 2 this vacation which is due and payable within 60 days of the effective date of this resolution. 3 4 5 6 7 2. That a permanent utility easement, as documented and recorded by document No. 2094649, 8 including an extension of the water main easement per document No. 2094649 in vacated 9 Livingston Avenue to the south line of Rang Campus plat, shall be retained within the vacated 10 area on behalf of the City of Saint Paul, Board of Water Commissioners subject to the following 11 restrictions: 12 13 14 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or 15 other object that will prohibit normal access to water facilities for maintenance purposes 16 will be permitted within the easement area,. 17 18 19 b. No change from the existing grade will be permitted without written permission from the 20 Water Utility. 21 22 23 c. No change in surfacing within the easement area will be permitted without written 24 permission from the Water Utility. 25 26 27 d. The petitioner, its successors and assigns shall fully indemnify, defend and save harmless 28 the Board of Water Commissioners, its officers, agents, employees, and servants from all 29 suits, action or claims which shall arise from any injuries or damages received or 30 sustained by any break in any service pipe, water main, or connection in said reserved 31 easement, arising out of or resulting from any action or negligence of the petitioner, its 32 employees, agents or business invitees. 33 34 35 36 3. That a permanent utility easement shall be retained within the vacated area to protect the interest 37 of Northern States Power Company- Electric as described as follows: 38 39 The North 10 feet and the East one-half of that part Livingston Avenue lying between the 40 south line of Congress Street and a line parallel with and 175 feet north of the north line 41 of vacated Winifred Street. 42 43 4. That the Department of Fire and Safety requires that any changes to the existing conditions 44 may not be made without the approval of Department of Fire and Safety located at the 45 following above described properties and the properties described in Exhibit"A"; and, 1)-2 DOC# 3328658 ORIGINAL 00 -1/1 1 2 5. That, with the accompanying Utility Easement Certificates of Intended Non-Use, filed 3 voluntarily on behalf of U.S. West Communications, Incorporated, Northern States Power-gas 4 Company, District Energy St. Paul, Incorporated, MCI Metro Incorporated, MediaOne, and The 5 Department of Public Works, made a part hereof by this reference and filed in the office of the 6 City Clerk of Saint Paul, the City, for itself and on behalf of these corporations and departments, 7 waives the right to the utility easements in the vacated area described above. 8 9 10 11 6. That the petitioners, their successors and assigns agree to indemnify, defend and save harmless 12 the City of Saint Paul, its officers and employees from all suits, actions or claims of any character 13 brought as a result of injuries or damages received or sustained by any person, persons or 14 property on account of this vacation or petitioners' use of this property, including but not limited 15 to, a claim brought because of any act of omission, neglect, or misconduct of said petitioners or 16 because of any claims or liability arising from any violation of any law or regulation made in 17 accordance with the law, whether by the petitioners or any of their agents or employees. 18 19 20 21 22 23 24 25 7. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this 26 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution 27 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in 28 all respects with these terms and conditions. 29 Yeas I Nays Absent Benanav Requested by Department of: Blakey ✓ Technology& Management Services Bostrom Coleman t/- /(7 if Harris I ,/ By: Lanny Director Reiter ✓ Form Approved by City Attorney Adopted by Council: Date ,9b .a/1 By: ��✓T�-� � / 2i Adoption Certified by Council Secretary By: _ �- , � Approved by Mayor for Submission to Council Approved by Ma or: Date b ze? By: By: fi#0 CITIZEN SERVICE OFFICE Fred Owusu,City Clerk PASAINT L CITY OF SAINT PAUL 170 City Hall Tel.: 651-266-8989 4 Norm Coleman,Mayor 15 W.Kellogg Boulevard Fax: 651-266-8689 cli Saint Paul,Minnesota 55102 AMA a 0'76 June 1, 2000 To: Ramsey County Recorder Number Instrument Description Fees CF #00-177 Resolution Livingston Avenue between Congress St. and George St. East-West alley in Vollmer's / i U Rearrangement r Pi) RAMSEY COUNTY RECORDER 4u BY L3 AContact Person: Shari Moore 266-8686 E , r`:.; 02/19/2002 14:43 BRIGGS + MORGAN 4 96512668689 NO.401 D001 2200 1:11:S I.NATIONAL BANK BUILDING 332 MINNESO'I \S f1U E l' SA IN I"PAUL,M1NNFSOTA 55101 TELL'PFIONF.(651)223-6600 B RI G G S AND M 0 R GAN FACSIMILE• (651)223-6450 PROFESSIONAL ASSOCIATION www.briggs.com FAX COVER SHEET February 19,2002 Please deliver the following 4 page(s) (This includes this cover sheet) RECIPIENTS Name Firm Phone Number Fax Number Shari Moore Citizen's Service Office 651-266-8689 FROM Cynthia L. Baumann PHONE (651) 223-6452 INSTRUCTIONS OR COMMENTS If you have problems receiving these pages,please contact us at 651-223-6645 CONFIDENTIAL FAX The information contained in this facsimile message is attorney privileged and confidential information intended only for the use of the individual or entity named on the cover sheet. If the reader of this message is not the intended recipient,or the employee or agent responsible to deliver it to the intended recipient,you are hereby notified that any dissemination,distribution or copying of this communication is strictly prohibited. If you have received this communication in error,please immediately notify us by telephone,and return the original message to us at the address listed on the cover sheet via the U.S.Postal Service. Thank you. 02/19/2002 14:43 BRIGGS + MORGAN -* 96512668689 NU.401 D002 2200 FIRST NA I`IGNAT.BANK 13UILDINC 332 MINNT?SOFA STREET SAINT PAUL MINNIi.SOTA 55101 CI-:I.EN-IONE(651)223-6600 B RI G G S AND M ORGAN FACSIMILK(651)223-6450 PROFESSIONAL ASSOCIA'T'ION WRITER'S 1)1ItEC'r DIAL (651)223-6452 WRITER'S E-MAIL cbaumann @briggs.com February 19, 2002 VIA FAX: 651-266-8689 Shari Moore Citizen's Service Office Re: Wilder Foundation Vacation 6-1999 and 10-1999 Dear Shari: Thank you for getting back to me so quickly about obtaining the signed vacation resolutions. As you requested, I have attached a copy of a letter from Glenn Picha to assist you in searching for these documents. Please call me if you have any questions. Sincerely, i Cynthia L.Baumann CLB/dgp cc: Julia Huff(w/o encl.) I 379039v1 MINNEAPOLIS OFFICE•IDS CENTER•WWW.BRTGGS.COM MEMBER-LEX MUNDI,A GLOBAL ASSOCIATION OF INDEPENDENT LAW FIRMS 02/19/2002 14:43 BRIGGS + MORGAN + 96512668689 NO.401 P003 SAINT Department of Technology and Management Services Real Estate Division 140 City Hall Phone: (651)266-8850 AAAA Saint Paul, MN 55102 Fax: (651)266-8855 CITY OF SAINT PAUL Norm Coleman, Mayor • January 20,2000 Julia R Huff Briggs &Morgan 2200 W 1st National Bank Bldg Saint Paul,MN 55101 •G'C.. �'-�. .`.�.x.,xk.,w,b v\L. r �.. .,"3's" �w'µ..�4 ifrti°V„•'•�" 'ta<• :' +;'C� �•b 1eN'� ul:.�\y\y.�.,.�y ���, �S"s�..��'Y'�",:�•ss"�{�....'``�`,.��4, `�'^^S"^��C1`"•.�,...........E�;I±���la!�.� ��G,C�.C�s.......�^.�,��.YY Dear Ms Huff: For our conversion on January 20,2000 here is the information you requested.The property colored in pink with the attached map is the vacation release, as documented with the Technology and Management Department Services File as 6-1999. Vacation 10-1999 is shown in yellow with the attached map with the following property description: All that part of the east and west alley as platted in Vollmer's Rearrangement,lying between the west line of Robert Street and the east line of Livingston Avenue; also, All that part of said Livingston Avenue lying south of a line parallel with, and 131.5 feet north of,the north line of George Street,and lying north of the westerly extension of the center line of east and west alley as platted in Vollmer's Rearrangement,lying between the west line of Robert Street and the east line of Livingston Avenue; also, All that part of said Livingston Avenue lying between the south line of Congress Street and a line parallel with and 175 feet north of the north line of vacated Winifred Street. If you should have any question or wish to speak with me do not hesitate to contact me at (651) 266- 7 Fe Sincerely 6 n Glenn Picha Real Estate Division 10-1999 valid petition for Wilder Foundation) . i 02/19/2002 14:43 BRIGGS + MORGAN --> 96512668689 •94• .... ...7,--1 .. r.-...., 1 , .-1 ■ r.7.1.7.7. . , ..i'' :, ., : .,,.;,. . ' C411:2 NO.401 61004 L-- , ,,. 1 :I, ., '0 CI • ,,c,,:::ci,.....3. ; - s-P . ,...,:q....•• „,...-:.r- r,.. ..1:3 1 ' • :zit-. •1, ''' 6 1 '" ' 'N........ '''''Cle.' •. '' • ii I ' ''."':"'"' ''. I ,; ••.. I 1."":"- ...04. t _, i • I ''41:::.„*.t .,,t, ststt*, '1 • •:".•*, .....,ar . •r-11 ,,s:1--I'''''. J.:wt.,.- to. ...:::..,..c7.• 1,..,.. t...". gl C"' . 1;;.!' ■ 7.i:?...1,i,: •.•s/:Z.' ... 1,.: r•■• •.1. . 14:313 ..•' .. .. •. ti..,.., lirla .s7■',! -r-q •..., Ma :-: .... 'L.:••••• -.: L-i.` , • . ■ '.. • • 4y::: , • . •,. . • • .. :. • :....,. c, „ .,..r.. .co i, c•••. 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' . ■ --....• -. ■• ....X.•"'.....1.-;11 : : !•1 1• '''......... , 2,, . / A: - : 1---4-4 .. 1 , .. , laigi' * •. • : a„ <1 io c i N'-'•--'-' ;t '-'•• .'-'''•-''--r;---71 1 • 177 Return copy to: Council File# Real Estate Division ORIGINAL 1e'd City Hall Green Sheet# tpowOs O TION CITY 6 : ' IN • 'UL, ► INIyirSOZ‘ Presented By Referred To Committee: Date 1 2 3 4 BE IT RESOLVED, that, upon the petition of Wilder Foundation, as documented in Technology and 5 Management Services Department File Number 10-1999, public properties hereinafter described are 6 hereby vacated and discontinued as public property: and, subject to the herein stated exceptions, the 7 easements within those public properties are hereby released. 8 9 10 11 The property to be vacated is described as follows: 12 13 14 15 All that part of the east and west alley as platted in Vollmer's Rearrangement, lying between the 16 west line of Robert Street and the east line of Livingston Avenue; also, 17 18 19 20 All that part of said Livingston Avenue lying south of a line parallel with, and 131.5 feet north 21" , of, the north line of George Street, and lying north of the westerly extension of the center line of 22 east and west alley as platted in Vollmer's Rearrangement, lying between the west line of Robert 23 Street and the east line of Livingston Avenue; also, 24 25 All that part of said Livingston Avenue lying between the south line of Congress Street and a line 26 parallel with and 175 feet north of the north line of vacated Winifred Street. 27 28 29 30 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the 31 Saint Paul Legislative Code as amended, and to the following conditions: 32 33 34 35 Oo -1�2 1 1. That the petitioner's, their successors and assigns shall pay$500.00 as an administrative fee for 2 this vacation which is due and payable within 60 days of the effective date of this resolution. 3 4 5 6 7 2. That a permanent utility easement, as documented and recorded by document No. 2094649, 8 including an extension of the water main easement per document No. 2094649 in vacated 9 Livingston Avenue to the south line of Rarig Campus plat, shall be retained within the vacated 10 area on behalf of the City of Saint Paul, Board of Water Commissioners subject to the following 11 restrictions: 12 13 14 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or 15 other object that will prohibit normal access to water facilities for maintenance purposes 16 will be permitted within the easement area,. 17 18 19 b. No change from the existing grade will be permitted without written permission from the 20 Water Utility. 21 22 23 c. No change in surfacing within the easement area will be permitted without written 24 permission from the Water Utility. 25 26 27 d. The petitioner, its successors and assigns shall fully indemnify, defend and save harmless 28 the Board of Water Commissioners, its officers, agents, employees, and servants from all 29 suits, action or claims which shall arise from any injuries or damages received or 30 sustained by any break in any service pipe, water main, or connection in said reserved 31 easement, arising out of or resulting from any action or negligence of the petitioner, its 32 employees, agents or business invitees. 33 34 35 36 3. That a permanent utility easement shall be retained within the vacated area to protect the interest 37 of Northern States Power Company- Electric as described as follows: 38 39 The North 10 feet and the East one-half of that part Livingston Avenue lying between the 40 south line of Congress Street and a line parallel with and 175 feet north of the north line 41 of vacated Winifred Street. 42 43 4. That the Department of Fire and Safety requires that any changes to the existing conditions 44 may not be made without the approval of Department of Fire and Safety located at the 45 following above described properties and the properties described in Exhibit"A"; and, M r � ORIGINAL 00 -1.1-1 1 2 5. That, with the accompanying Utility Easement Certificates of Intended Non-Use, filed 3 voluntarily on behalf of U.S. West Communications, Incorporated, Northern States Power-gas 4 Company, District Energy St. Paul, Incorporated, MCI Metro Incorporated, MediaOne, and The 5 Department of Public Works, made a part hereof by this reference and filed in the office of the 6 City Clerk of Saint Paul, the City, for itself and on behalf of these corporations and departments, 7 waives the right to the utility easements in the vacated area described above. 8 9 10 11 6. That the petitioners, their successors and assigns agree to indemnify, defend and save harmless 12 the City of Saint Paul, its officers and employees from all suits, actions or claims of any character 13 brought as a result of injuries or damages received or sustained by any person, persons or 14 property on account of this vacation or petitioners' use of this property, including but not limited 15 to, a claim brought because of any act of omission, neglect, or misconduct of said petitioners or 16 because of any claims or liability arising from any violation of any law or regulation made in 17 accordance with the law, whether by the petitioners or any of their agents or employees. 18 19 20 21 22 23 24 25 7. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this 26 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution 27 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in 28 all respects with these terms and conditions. 29 Yeas I Nays Absent Benanav I ✓ I Requested by Department of: Blakey ✓ Technology& Management Services Bostrom Coleman ✓ � % / Harris ,/ I By: Lantry Director Reiter ✓ Form Approved by City Attorney q Adopted by Council: Date ,A4 .ati C c By: �.✓T•-� � / Z�•a" Adoption Certified by Council Secretary By: a- � -�,.� Approved by Mayor for Submission to Council Approved by Ma or: Date le b21 By: - ='-1,14 By: 1' fi#0 Return copy to: Council File# 00-VIA Real Estate Division 140 City Hall Green Sheet# I t /R : 9 LUTION 1 „. S . pA �. ,._' SOTA Presented By Referred To Committee: Date WHEREAS, on November 3, 1945 the Council of the City of Saint Paul, by Council File Number 134656, approved the petition of Charles T. Metcalf and others to vacate and discontinue as public property the following property described as follows : the West Half of Gorman Avenue between a line parallel with and 100 feet north of the north line of George Street and a line parallel with and 125 feet north of the north line of George Street; and, the East Half of Gorman Avenue between a line parallel with and 122 feet north of the north line of George Street and a line parallel with and 125 feet north of the north line of George Street; and, 1 2 WHEREAS, on December 7, 1957 the Council of the City of Saint Paul, by Council File Number 3 185361, approved the petition of Amherst H. Wilder Foundation and others to vacate and discontinue as 4 public property the following property described as follows : 5 6 East Robie Street between the west line of South Robert Street and the east line of Humboldt Avenue; 7 East Winifred Street between the west line of South Robert Street and the east line of Gorman 8 Avenue; East Winifred Street from the west line of Gorman Avenue to a line drawn from the 9 southwest corner of Lot 3, Block 64, West St. Paul Proper, parallel to the said west line of Gorman 10 Avenue; Gorman Avenue lying between the southeasterly line of Onega Street and a line parallel with 11 and 125 feet north of north line of George Street; Livingston Avenue between a line parallel with and 12 131.5 feet north of the north line of George Street and a line parallel with and 175 feet north of the 13 north line of East Winifred Street; and, 14 15 WHEREAS, on January 27, 1968 the Council of the City of Saint Paul,by Council File Number 236735, 16 approved the petition of Amherst H. Wilder Foundation to vacate and discontinue as public property the 17 following property described as follows : 18 19 All that part of E. Winifred Street lying between the east line of Humboldt Avenue and a line drawn 20 parallel with the west line of Gorman Avenue from the southwest corner of Lot 3, Block 64,West St. 21 Paul Proper, to the south line of said E. Winifred Street: 22 23 All that part of Onega Street lying between the north line of E. Winifred Street and a line parallel to the 24 north line of said E. Winifred Street and distant 42 feet northerly from said north line of E. Winifred 25 Street measured along the westerly line of said Onega Street; and, 26 27 WHEREAS, on May 19, 1992 the Council of the City of Saint Paul, by Council File Number 92-779, 28 approved the petition of Neighborhood Development Alliance, Inc. per Finance Department File 29 No. 3-1992 to vacate and discontinue as public property the following property described as follows : do-VbA . 1 PARCEL NO. 1 2 Humboldt Avenue South (formerly Gale and Goff Avenue) as dedicated in the plat of West Saint 3 Paul, Minnesota, and those parts of South Wabasha Street (formerly Dakota Avenue) as ordered 4 opened by the Common Council of the City of Saint Paul, Minnesota on the 17th day of November, 5 1886, and the 8th day of March 1899, and also that part of said South Wabash Street as opened by 6 the Council of Saint Paul, Minnesota on the 13th day of April, 1932, lying south of the south right of 7 way line of East Congress Street (formerly Grove Street) and north of the north right of way line of 8 Winifred Street(formerly Odell Street) as said streets were dedicated in the plat of said West Saint 9 Paul, Minnesota and lying northwesterly and northerly of the-following described line: 10 11 Beginning at the intersection of said south right of way line of East Congress Street and a line drawn • 12 66.00 feet northwesterly of and parallel with the southeasterly right of way line of said South 13 Wabasha Avenue as ordered opened by the Common Council of Saint Paul, Minnesota on the 8th 14 day of March, 1899; thence South 32 degrees 57 minutes 38 seconds West, assumed bearing, a 15 distance of 214.65 feet along said parallel line, to a point of intersection with a line drawn 66.00 feet 16 west of and parallel with the east line of said Humboldt Avenue South; thence on a bearing of South 17 along said last described parallel line a distance of 30.00 feet; thence south 19 degrees 41 minutes 06 18 seconds West a distance of 41.56 feet to the southeast corner of Lot 6, Block 62, said West Saint 19 Paul, Minnesota; thence North 89 degrees 11 minutes 32 seconds West, along the South line of said 20 Lot 6, which is also the north right of way line of said Winifred Street, a distance of 150.12 feet to 21 the southwest corner of said Lot 6 and there terminating. 22 PARCEL NO. 2 23 24 That part of Onega Street (formerly Mendota Street) as dedicated in the plat of West Saint Paul, 25 Minnesota, lying south of the south line of East Congress Street(formerly Grove Street) as dedicated 26 in the plat of said West Saint Paul, Minnesota, and lying north of a line 42.00 feet north of, as 27 measured along the westerly line of said Onega, and parallel with the north line of East Winifred 28 Street(formerly Odell Street) as dedicated in the plat of West Saint Paul, Minnesota; and, 29 30 WHEREAS,the petitioner of the property owner has requested the release of these easements; and, 31 32 WHEREAS, on behalf of the City of Saint Paul, Department of Public Works a 20 foot wide 33 subterranean easement below 65 feet, city datum, for a sanitary sewer interceptor crossing under 34 Livingston Avenue, Robie Street, and Gorman Avenue per Book 49, of Plans, page 19, as shown on the 35 attached plain sheet shall be retained for the following above described properties; and, 36 37 WHEREAS, on behalf of the City of Saint Paul,Department of Public Works a permanent sewer 38 easement per document number 440551 shall be retained for the following above described properties; 39 and, 40 41 WHEREAS, US West Communications wishes to exercise its utility rights and retain all utility rights 42 for their facilities located at the following above described properties; and, 43 44 WHEREAS, the Water Utility wishes to exercise its utility rights as recorded by document 45 No. 2094649, including an extension of the water main easement per document No. 2094649 in vacated 46 Livingston Avenue to the south line of Rarig Campus plat; and, ORIGINAL 0 a.,2, 1 WHEREAS, Northern States Power Company - Gas and Electric Distribution wishes to 2 exercise its utility rights located within property described as follows : 3 4 all that part of Robie Street between Humboldt Avenue and South Robert Street; and, 5 6 all that part of Gorman Avenue lying south of Robie Street and north of the easterly extension of 7 the north line of Lot 8, Block 86, West Saint Paul Proper; and, 8 9 all that part of Livingston Avenue lying south of vacated Winifred Street and north of the easterly 10 extension of the north line of Lot 8, Block 87,West Saint-Paul Proper; and, 11 12 the north 10 feet of Livingston Avenue lying immediately south of Congress Street; and, • 13 14 WHEREAS,That, with the accompanying Utility Easement Certificates of Intended Non-Use, filed 15 voluntarily on behalf of District Energy St. Paul, Incorporated, MCI Metro Incorporated, and MediaOne 16 made a part hereof by this reference and filed in the office of the City Clerk of Saint Paul, the City, for 17 itself and on behalf of these corporations and departments, waives the right to the utility easements in the 18 vacated area described above. 19 20 THEREFORE BE IT RESOLVED,that Council of the City of St. Paul hereby releases all easements as 21 described in the vacated properties above except for all exceptions as mentioned above. 22 23 AND BE IT FURTHER RESOLVED, that all other terms and conditions set forth in Council File 24 Number 134656, 185361, 236735, and 92-779 shall remain in force and effect.. 25 26 AND BE IT FURTHER RESOLVED, That the petitioners, their successors and assigns agree to 27 indemnify, defend and save harmless the City of Saint Paul, its officers and employees from all suits, 28 actions or claims of any character brought as a result of injuries or damages received or sustained by any 29 person, persons or property on account of this vacation or petitioners' use of this property, including but 30 not limited to, a claim brought because of any act of omission, neglect, or misconduct of said petitioners 31 or because of any claims or liability arising from any violation of any law or regulation made in 32 accordance with the law, whether by the petitioners or any of their agents or employees. Yeas Nays Absent Benanav ✓ Requested by Department of: Blakey ✓ Technology& Management Services Bostrom ✓ 1 Coleman ,/ - // ����/� Harris ✓ �. By: / /v %G [ Lantry ,/ 1 Director Reiter • .] ✓ Form Approved by City Attorney Adopted by Council: Date `: 0-o o o By: /- Z. 4- 00 Adoption Certified by Council Secretary By: Approv-a Mayor for ub *ssion to Council Approved by M. or: Date a'• / 2 i By: -rate" i By: / 499 - /- r{f /- E K K. r TITLE COMPANY r o R/ 1 DATE - ' ' FILE NUMBER DOCUMENT NUMBER TYPE CERTIFICATE Filing Surcharge Copy Qty Well Pre- Fax Total NUMBER Cert. Record 1603178 , 5- , os ,-).? e> .5z.' _ ' ; ' TOTAL DEPUTY 1 1603178 Registrar of Titles, Ramsey, MN Date Filed: 06/06/2000 4:00 PNl As Doc #: 1603178 On CT # ('s): 203730, STATE OF MINNESOTA ) COUNTY OF RAMSEY ) ss. CITY OF SAINT PAUL ) 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. 00-177 as adopted by the City Council on February 23, 2000 and approved by the Mayor on February 29, 2000 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 1st day of June, 2000. , , c cc f•T L .R4 ;` �. s DEPUTY CITY CLERK 541..:ate ..� (g/• a,a 4 Return copy to: 16031'78 Council File# r -I'11 Real Estate Division ORIGINAL 140 City Hall Green Sheet# IooSr ps O TION CITY o : IN '1UL, ► INNTrS0-Tk 4d' Presented By Referred To Committee: Date 1 2 3 4 BE IT RESOLVED, that, upon the petition of Wilder Foundation, as documented in Technology and 5 Management Services Department File Number 10-1999,public properties hereinafter described are 6 hereby vacated and discontinued as public property: and, subject to the herein stated exceptions, the 7 easements within those public properties are hereby released. 8 9 10 11 The property to be vacated is described as follows: 12 13 14 15 All that part of the east and west alley as platted in Vollmer's Rearrangement, lying between the 16 west line of Robert Street and the east line of Livingston Avenue; also, 17 18 19 20 All that part of said Livingston Avenue lying south of a line parallel with, and 131.5 feet north 21 of, the north line of George Street, and lying north of the westerly extension of the center line of 22 east and west alley as platted in Vollmer's Rearrangement, lying between the west line of Robert 23 Street and the east line of Livingston Avenue; also, 24 25 All that part of said Livingston Avenue lying between the south line of Congress Street and a line 26 parallel with and 175 feet north of the north line of vacated Winifred Street. 27 28 29 30 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the 31 Saint Paul Legislative Code as amended, and to the followi,ng,F9nditions: 32 � 33 34 PE ?TY r�}(hT{JN 35 DIRECTOR,PftO Minnesota Ramsey County, ey . . . 4 • • • 1603178 oo -t�2 1 1. That the petitioner's, their successors and assigns shall pay$500.00 as an administrative fee for 2 this vacation which is due and payable within 60 days of the effective date of this resolution. 3 4 5 6 7 2. That a permanent utility easement, as documented and recorded by document No. 2094649, 8 including an extension of the water main easement per document No. 2094649 in vacated 9 Livingston Avenue to the south line of Rarig Campus plat, shall be retained within the vacated 10 area on behalf of the City of Saint Paul, Board of Water Commissioners subject to the following 11 restrictions: 12 13 14 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or 15 other object that will prohibit normal access to water facilities for maintenance purposes 16 will be permitted within the easement area,. 17 18 19 b. No change from the existing grade will be permitted without written permission from the 20 Water Utility. 21 22 23 c. No change in surfacing within the easement area will be permitted without written 24 permission from the Water Utility. 25 26 27 d. The petitioner, its successors and assigns shall fully indemnify, defend and save harmless 28 the Board of Water Commissioners, its officers, agents, employees, and servants from all 29 suits, action or claims which shall arise from any injuries or damages received or 30 sustained by any break in any service pipe, water main, or connection in said reserved 31 easement, arising out of or resulting from any action or negligence of the petitioner, its 32 employees, agents or business invitees. 33 34 35 36 3. That a permanent utility easement shall be retained within the vacated area to protect the interest 37 of Northern States Power Company- Electric as described as follows: 38 39 The North 10 feet and the East one-half of that part Livingston Avenue lying between the 40 south line of Congress Street and a line parallel with and 175 feet north of the north line 41 of vacated Winifred Street. 42 43 4. That the Department of Fire and Safety requires that any changes to the existing conditions 44 may not be made without the approval of Department of Fire and Safety located at the 45 following above described properties and the properties described in Exhibit"A"; and, B ORIGINAL 1603178 o0 -«1 1 2 5. That, with the accompanying Utility Easement Certificates of Intended Non-Use, filed 3 voluntarily on behalf of U.S. West Communications, Incorporated, Northern States Power-gas 4 Company, District Energy St. Paul, Incorporated, MCI Metro Incorporated, MediaOne, and The 5 Department of Public Works, made a part hereof by this reference and filed in the office of the 6 City Clerk of Saint Paul, the City, for itself and on behalf of these corporations and departments, 7 waives the right to the utility easements in the vacated area described above. 8 9 10 11 6. That the petitioners, their successors and assigns agree to indemnify, defend and save harmless 12 the City of Saint Paul, its officers and employees from all suits, actions or claims of any character 13 brought as a result of injuries or damages received or sustained by any person, persons or 14 property on account of this vacation or petitioners' use of this property, including but not limited 15 to, a claim brought because of any act of omission, neglect, or misconduct of said petitioners or 16 because of any claims or liability arising from any violation of any law or regulation made in 17 accordance with the law, whether by the petitioners or any of their agents or employees. 18 19 20 21 22 23 24 25 7. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this 26 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution 27 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in 28 all respects with these terms and conditions. 29 Yeas I Nays Absent Benanav Requested by Department of: Blakey ✓ Technology&Management Services Bostrom -✓ Coleman / % / Harris I ,/I By: C)/67 r Lantry Director Reiter ✓ Form Approved by City Attorney Adopted by Council: Date ,Sb . By: /� Adoption Certified by Council Secretary By: a- � Approved by Mayor for Submission to Council Approved by Mayor: Date °b 2-/ By: -/x-e-t4 By: A..1�-4‘4 fi#0 L, r -..."44■11444144mommos...._ bR AAARVd R����T y. Cp ■ a.. ,tj�� �Y�� ` WilsonJones-Gthonbsa•$1650-NCR Duplicate•51657N-CL Triplicate �1 *® \~ ,O01T Cr4V. D likil , Ne �D Dy >W O m r' ."... ^'7. °o 'Z m m ��C� .�' eil,r, m c m z D �.°D o f R�AL`�� b 8y 0R RCN ��" n it A. Zci'ltp-a!:4480 R`� Y�4y �IL� \►J i� b� 1 o. r i PRop ' , ___- ",4') rl P (- P r., ' 7"-- Q21, 03 n n <,�/ CA V1 0 �. l E rn a c, ($.470 U ,(fl rn !!,� o F� rn CO A A M H E R S T H. April 13, 3000 WILDER FOUNDATION ESTABLISHED 1906 Ms. Shari Moore REAL ESTATE Deputy City Clerk ASSET MANAGEMEN I City of St. Paul 919 Lafond Avenue 170 City Hall Saint Paul, MN 55104-2198 15 West Kellogg Boulevard • St. Paul,Minnesota 55102 651-642-4089 FAX 651-659-6028 RE: City Council Resolution No. 00-177 Dear Ms. Moore: Enclosed is check number 8548 in the amount of $500 payable to the City of St. Paul for the administrative fee associated with the recording of the above referenced resolution. Sincerely, Mary Kay Palmer Director Enclosure cc: Regina Walsh, Briggs and Morgan RECEIVED APR 14 2000 :1 CLERK Saint Paul, Minnesota March 15, 2000 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. 00-177, adopted by the City Council on February 23, 2000, and approved by the Mayor on February 29, 2000. HJX) Thomas W. King ton, President Amherst H. Wilder Foundation RECEIVED MAR 2 0 2000 U 1Y CLERK CITIZEN SERVICE OFFICE Fred Owusu,City Clerk PSAINT L CITY OF SAINT PAUL 170 City Hall Tel.: 651-266-8989 4 Norm Coleman,Mayor 15 W.Kellogg Boulevard Fax: 651-266-8689 Saint Paul,Minnesota 55102 Web:http://www.stpauLgov AAAA TDD:266-8509 March 15, 2000 Amherst H. Wilder Foundation 919 LaFond Avenue Saint Paul, MN 55104 Dear Petitioners: Enclosed is a copy of Council File 00-172 which was adopted by the City Council on February 23, 2000. The resolution provides for the vacation of those parts of the east/west alley in Vollmer's Rearrangement and Livingston Avenue as more fully described in the attached resolution. The Ordinance pertaining to vacations requires that the compensation specified in the resolution must be paid within sixty (60) days after adoption of the resolution. Also enclosed is an acceptance of the terms of the resolution which must also be signed and filed here within said time. Sincerely, � :' ALL` /' Shari Moore Deputy City Clerk cc: Valuation Engineer - Technology and Management File No. 10-1999 Dennis Honsa 1515 E. Hwy 13 Burnsville, MN 55337 Enc. NOTICE OF PUBLIC HEARING Notice is hereby given that the petition of Wilder Foundation, for the vacation of that part of Livingston Avenue and the east/west alley in Vollmer' s Rearrangement 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 23rd day of February, 2000 at 5 :30 P.M. Dated January 27, 2000 Shari Moore Deputy City Clerk (January 29, 2000) SAINT PAUL CITY OF SAINT PAUL fil4t Citizen Service Office 170 City Hall, 15 W. Kellogg Blvd. _AAAA (651) 266-8989, http://www.stpaul.gov Facsimile Transmission Cover Sheet To: 6e dal tec - Fax # c) � From: 5hcu-i' 111700-/ Fax # (651)266-8689 Voice # ?6 S‘ Date: # pages (inc. this page) Message: ?(E $C p u. fj « ,4 ���tc !eu-i , r� t� Sca-�- 6.ATA b-5 U Please deliver this facsimile transmission to the above addressee. If you did not receive all of the pages in good condition, please advise the Citizen Service Office at (651)266-8989 at your earliest convenience.