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01-1202 (2) Return copy to: Council File# Ot_too a, Real Estate Division 140 City Hall Green Sheet# 1\\S31 RESOLUTION ORIGIMAL CITY OF SAINT PAUL, MINNESOTA 63 Presented By 4../-4_ d&Ait7 /�� ref 7 Referred To Committee: Date 1 BE IT RESOLVED, that, upon the petition of the City of Saint Paul, as documented in Real Estate 2 Division File Number 09-2001, public properties hereinafter described are hereby vacated and 3 discontinued as public right-of-way: and„ the easements within those public properties are hereby 4 released. 5 6 The property to be vacated is described as follows: 7 8 Parcel 1. That part of Hoyt Avenue East lying easterly of the southerly extension of the east line of 9 Lot 15, Block 2, Birt's Addition and westerly of the southerly extension of the east line of 10 the east 120.00 feet of the south 124.00 of Lot 7, Kerwin's Outlots; and 11 12 Parcel 2. The alley in Block 3, Fred S. Herring's Plat 2. 13 14 BE IT FURTHER RESOLVED, that, subject to the herein stated exceptions and with the 15 accompanying Utility Easement Certificates of Intended Non-Use, filed voluntarily on behalf of Qwest 16 Communications, Incorporated, Xcel Energy, District Energy St. Paul, Incorporated, MCI Worldcom and 17 A.T. &T. Broadband, made a part hereof by this reference and filed in the office of the City Clerk of 18 Saint Paul, the City, for itself and on behalf of these corporations and departments, waives the right to 19 the utility easements in the vacated area described above. 20 21 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the 22 Saint Paul Legislative Code as amended, and to the following conditions: 23 24 1. That a permanent utility easement shall be retained on, over, under and across the vacated area on 25 behalf of the City of Saint Paul, Department of Public Works to reserve the right of the City to 26 maintain and operate any sewer in or upon said easement and to enter upon said easement or any 27 portion thereof at any time and from time to time, for the purposes of future construction, 28 reconstruction, inspecting, maintaining or repairing the same or any part thereof. Any 29 development or use of the property shall be subject to the following conditions: 30 31 a No buildings, structures, trees or any temporary structure, material storage, fixture, or any 32 other objects that will prohibit normal access to utility facilities for maintenance purposes 33 will be permitted within the easement area. 34 of-lao� 1 b. Improvements in or upon the above described easement that do not prohibit the City from 2 exercising its reserved rights may be allowed by obtaining written permission from the 3 Department of Public Works Sewer Division with the understanding that the restoration - 4 and costs of such improvements shall be the sole responsibility of the petitioner, its 5 successors and assigns in the event the City exercises its reserved easement rights. 6 7 c. No change from the existing grade within the easement area will be permitted without 8 written permission from the Department of Public Works. 9 10 d. No change in surfacing within the easement area will be permitted without written 11 permission from the Department of Public Works. 12 13 e. The petitioner, its successors and assigns shall indemnify, defend, and save harmless the 14 City of Saint Paul, its officers, agents, employees, and servants from all suits, actions, or 15 claims which shall arise from any injuries or damages received or sustained by any break 16 in any service pipe or connection in said reserved easement arising out of or resulting 17 from any action or negligence of the petitioner, its employees, agents, or business 18 invitees. 19 20 2. That, on behalf of the Board of Water commissioners, a permanent utility easement shall be 21 retained on, over, under and across the vacated area to reserve the right of the Board of Water 22 commissioners to maintain and operate any water facility in, on or under said easement, and to 23 enter upon said easement or any portion thereof at any time, and from time to time for the 24 purposes of future construction, reconstruction, inspecting, maintaining or repairing the same or 25 any pert thereof. Any development or use of the property within the said utility easement shall be 26 subject to the following restrictions: 27 28 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or 29 other object that may prohibit normal access to water facilities for maintenance purposes 30 will be permitted within the easement area. 31 32 b. With written permission from the Saint Paul Regional Water Services, improvements in 33 or upon the above described easement that do not prohibit or limit the full and free 34 exercise by the Water Services of its reserved rights may be allowed. Permission so 35 given will be with the understanding that the restoration and costs of such improvements, 36 should the Water Services exercise its easement rights, shall be the sole responsibility of 37 the fee owner, its successors and assigns. 38 39 c. Should it be necessary that the petitioner's works or improvements be removed or 40 damaged as a result of the Board of Water commissioners' operations, all removal, 41 replacement or modification costs shall be borne solely by the petitioner. 42 43 d. No change from the existing grade will be permitted without written permission from the 44 Water Services. 45 46 e. No change in surfacing within the easement area will be permitted without written 47 permission from the Water Services. 1 -C1-e- The petitioner, its successors and assigns shall fully indemnify, defend and save harmless 2 the Saint Paul Regional Water Services, its officers, agents, employees, and servants from - 3 all suits, action or claims which shall arise from any injuries or damages received or • 4 sustained by any break in any service pipe, water main, or connection in said reserved 5 easement, arising out of or resulting from any action or negligence of the petitioner, its 6 employees, agents or business invitees. 7 8 3. That a permanent utility easement shall be retained within the east 20.00 feet of Parcel 2 to 9 protect the interest of Xcel Energyae5oftvettr tt 10 VNer ion d.-r 5t4cl rw.r Cor.. ..... db0—, 11 4. That the petitioners, their successors and assigns shall, within 611 days of the effective date of this • 12 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution 13 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in 14 all respects with these terms and conditions. ORIGINAL Yeas Nays Absent Benanav ,/ Requested by Department of: Blakey ,/ Technology&Management Services Bostrom Coleman 4/" 1 ag. Harris ,,/- By: 1464114— Lantry r/ erector Reiter ✓ Form Approved by City Attorney J ri p p / / Adopted by Council: Date r.1 S'1 9-e>o■ By: , /.I, A. I . '' __ Adoption Certified by Council Secretary i I By: � Ilk \ ,' Approved b ayor for Submission to Council Approved by Mayor: Date ' .;. .�1 By: By: 440.1f':�Li Ci10/1/t / / CITIZEN SERVICE OFFICE Fred Owusu,Ciry Clerk SAINT A L CITY OF SAINT PAUL 170 City Hall Tel.: 651-266-8989 41101i Norm Coleman,Mayor 15 W.Kellogg Boulevard Fax 651-266-8689 Saint Paul,Minnesota 55102 Web:http://www.stpauLgov RANI TDD:266-8509 reempo December 4, 2001 Mayor Norm Coleman 390 City Hall Saint Paul, Minnesota 55102 Dear Mayor Coleman: Enclosed is a copy of Council File 01-1202 which was adopted by the City Council on November 7, 2001. The resolution provides for the vacation of that portion of Hoyt Avenue as more fully described in the attached resolution. Also enclosed is an acceptance of the terms of the resolution which must be signed and filed in my office within sixty (60) days after adoption of the resolution. Sincerely, Shari Moore Deputy City Clerk cc: Valuation Engineer - Technology and Management Services File No. 9-2001 Enc. Saint Paul, Minnesota December 4, 2001 To the Honorable,the City Council Saint Paul, Minnesota Dear Council Members: I,the undersigned petitioner,on behalf of the City of Saint Paul hereby accept and agree to comply with the terms and conditions of Council File No. 01-1202, adopted by the City Council on November 7, 2001 and approved by the Mayor on November 1•, 2001. Mayor Norm Coleman CITIZEN SERVICE OFFICE Donald.1 Luna,City Clerk SA[NT PAUL CITY OF SAINT PAUL 170 City Hall Tel.: 651-266-8989 to* Randy Kelly,Mayor 15 W.Kellogg Boulevard Fax: 651-266-8689 Saint Paul,Minnesota 55102 AIM • February 7, 2002 • Linda Murphy Department of Public Works Room 800, City Hall Annex Dear Linda: Please prepare prints showing the vacation of that part of Hoyt Avenue East in the City of St. Paul as fully described in Council File 01-1202. Please be advised that the necessary acceptance and fee have been filed. Sincerely, •=t. /)7( Shari Moore Deputy City Clerk cc: Valuation Engineer Technology and Management Services File No.09-2001 CITIZEN SERVICE OFFICE I' Fred Owusu,City Clerk ii NT i P�.I U L CITY OF SAINT PAUL 170 City Hall Tel.: 651-266-8989 Norm Coleman,Mayor 15 W.Kellogg Boulevard Far 651-266-8689 1 1* Saint Paul,Minnesota 55102 Web:http://www.stpauLgov A�IIAA J TDD:266-8509 December 4, 2001 Mayor Norm Coleman 390 City Hall . Saint Paul, Minnesota 55102 Dear Mayor Coleman: Enclosed is a copy of Council File 01-1202 which was adopted by the City Council on November 7, 2001. The resolution provides for the vacation of that portion of Hoyt Avenue as more fully described in the attached resolution. Also enclosed is an acceptance of the terms of the resolution which must be signed and filed in my office within sixty (60) days after adoption of the resolution. Sincerely, „.5.4_,_ , ��e Shari Moore Deputy City Clerk cc: Valuation Engineer - Technology and Management Services File No. 9-2001 Enc. Return copy to: Council File# bt-Izo a► Real Estate Division 140 City Hall Green Sheet# 1\\S51 RESOLUTION -- Q R I I M A CITY OF SAINT PAUL, MINNESOTA �3 Presented By a.1boA,t7 , / �p/-�0L' � Referred To Committee: Date 1 BE IT RESOLVED, that, upon the petition of the City of Saint Paul, as documented in Real Estate 2 Division File Number 09-2001, public properties hereinafter described are hereby vacated and 3 discontinued as public right-of-way: and„ the easements within those public properties are hereby 4 released. 5 6 The property to be vacated is described as follows: 7 8 Parcel 1. That part of Hoyt Avenue East lying easterly of the southerly extension of the east line of 9 Lot 15, Block 2, Birt's Addition and westerly of the southerly extension of the east line of 10 the east 120.00 feet of the south 124.00 of Lot 7, Kerwin's Outlots; and 11 12 Parcel 2. The alley in Block 3, Fred S. Herring's Plat 2. 13 14 BE IT FURTHER RESOLVED, that, subject to the herein stated exceptions and with the 15 accompanying Utility Easement Certificates of Intended Non-Use, filed voluntarily on behalf of Qwest 16 Communications, Incorporated, Xcel Energy, District Energy St. Paul, Incorporated, MCI Worldcom and 17 A.T. & T. Broadband, made a part hereof by this reference and filed in the office of the City Clerk of 18 Saint Paul, the City, for itself and on behalf of these corporations and departments, waives the right to 19 the utility easements in the vacated area described above. 20 21 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the 22 Saint Paul Legislative Code as amended, and to the following conditions: 23 24 1. That a permanent utility easement shall be retained on, over, under and across the vacated area on 25 behalf of the City of Saint Paul, Department of Public Works to reserve the right of the City to 26 maintain and operate any sewer in or upon said easement and to enter upon said easement or any 27 portion thereof at any time and from time to time, for the purposes of future construction, 28 reconstruction, inspecting, maintaining or repairing the same or any part thereof. Any 29 development or use of the property shall be subject to the following conditions: 30 31 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any 32 other objects that will prohibit normal access to utility facilities for maintenance purposes 33 will be permitted within the easement area. 34 of-lo • 1 b. Improvements in or upon the above described easement that do not prohibit the City from 2 exercising its reserved rights may be allowed by obtaining written permission from the 3 Department of Public Works Sewer Division with the understanding that the restoration 4 and costs of such improvements shall be the sole responsibility of the petitioner, its 5 successors and assigns in the event the City exercises its reserved easement rights. 6 7 c. No change from the existing grade within the easement area will be permitted without 8 written permission from the Department of Public Works. 9 10 d. No change in surfacing within the easement area will be permitted without written 11 permission from the Department of Public Works. 12 13 e. The petitioner, its successors and assigns shall indemnify, defend, and save harmless the 14 City of Saint Paul, its officers, agents, employees, and servants from all suits, actions, or 15 claims which shall arise from any injuries or damages received or sustained by any break 16 in any service pipe or connection in said reserved easement arising out of or resulting 17 from any action or negligence of the petitioner, its employees, agents, or business 18 invitees. 19 20 2. That, on behalf of the Board of Water commissioners, a permanent utility easement shall be 21 retained on, over, under and across the vacated area to reserve the right of the Board of Water 22 commissioners to maintain and operate any water facility in, on or under said easement, and to 23 enter upon said easement or any portion thereof at any time, and from time to time for the 24 purposes of future construction, reconstruction, inspecting, maintaining or repairing the same or 25 any pert thereof. Any development or use of the property within the said utility easement shall be 26 subject to the following restrictions: 27 28 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or 29 other object that may prohibit normal access to water facilities for maintenance purposes 30 will be permitted within the easement area. 31 32 b. With written permission from the Saint Paul Regional Water Services, improvements in 33 or upon the above described easement that do not prohibit or limit the full and free 34 exercise by the Water Services of its reserved rights may be allowed. Permission so 35 given will be with the understanding that the restoration and costs of such improvements, 36 should the Water Services exercise its easement rights, shall be the sole responsibility of 37 the fee owner, its successors and assigns. 38 39 c. Should it be necessary that the petitioner's works or improvements be removed or 40 damaged as a result of the Board of Water commissioners' operations, all removal, 41 replacement or modification costs shall be borne solely by the petitioner. 42 43 d. No change from the existing grade will be permitted without written permission from the 44 Water Services. 45 46 e. No change in surfacing within the easement area will be permitted without written 47 permission from the Water Services. 1 4°,-e-.- The petitioner, its successors and assigns shall fully indemnify, defend and save harmless 2 the Saint Paul Regional Water Services, its officers, agents, employees, and servants from 3 all suits, action or claims which shall arise from any injuries or damages received or 4 sustained by any break in any service pipe, water main, or connection in said reserved 5 easement, arising out of or resulting from any action or negligence of the petitioner, its 6 employees, agents or business invitees. 7 8 3. That a permanent utility easement shall be retained within the east 20.00 feet of Parcel 2 to 9 protect the interest of Xcel Energy 10 1/1\1 er14■41...-r 5Jr.}e1 at.wcr C4,1"h6)..^''. cbGV ' 11 4. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this 12 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution 13 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in 14 all respects with these terms and conditions. ORIGINAL Yeas Nays Absent Benanav ,/. [ Requested by Department of: Blakey ,/ Technology & Management Services Bostrom ,✓ Coleman ✓' geot&' Harris ,/- By: "Yetitla--- Lantry irector Reiter ✓ Form Approved by City Attorney rl CD 0 Adopted by Council: Date 11 a-c o■ By: /1 . 4. A. i • __ Adoption Certified by Council Secretary I By: >-. Ilk \ ,' Approved b ayor for Submission to Council Approved by Mayor: Date ' �.. .,l By: By: „,011110V, / A CieW/t/t // Return copy to: Council File# b t-I7o a• Real Estate Division 140 City Hall Green Sheet# 1\\S31 RESOLUTION ORIGIN L CITY OF SAINT PAUL, MINNESOTA 53 Presented By 6 /i//Ye4*fte Referred To Committee: Date 1 BE IT RESOLVED,that, upon the petition of the City of Saint Paul, as documented in Real Estate • 2 Division File Number 09-2001, public properties hereinafter described are hereby vacated and 3 discontinued as public right-of-way: and„ the easements within those public properties are hereby 4 released. 5 6 The property to be vacated is described as follows: 7 8 Parcel 1. That part of Hoyt Avenue East lying easterly of the southerly extension of the east line of 9 Lot 15, Block 2, Birt's Addition and westerly of the southerly extension of the east line of 10 the east 120.00 feet of the south 124.00 of Lot 7, Kerwin's Outlots; and 11 12 Parcel 2. The alley in Block 3, Fred S. Herring's Plat 2. 13 14 BE IT FURTHER RESOLVED, that, subject to the herein stated exceptions and with the 15 accompanying Utility Easement Certificates of Intended Non-Use, filed voluntarily on behalf of Qwest 16 Communications, Incorporated, Xcel Energy, District Energy St. Paul, Incorporated, MCI Worldcom and 17 A.T. & T. Broadband, made a part hereof by this reference and filed in the office of the City Clerk of 18 Saint Paul, the City, for itself and on behalf of these corporations and departments, waives the right to 19 the utility easements in the vacated area described above. 20 21 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the 22 Saint Paul Legislative Code as amended, and to the following conditions: 23 24 1. That a permanent utility easement shall be retained on, over, under and across the vacated area on 25 behalf of the City of Saint Paul, Department of Public Works to reserve the right of the City to 26 maintain and operate any sewer in or upon said easement and to enter upon said easement or any 27 portion thereof at any time and from time to time, for the purposes of future construction, 28 reconstruction, inspecting, maintaining or repairing the same or any part thereof. Any 29 development or use of the property shall be subject to the following conditions: 30 31 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any 32 other objects that will prohibit normal access to utility facilities for maintenance purposes 33 will be permitted within the easement area. 34 of 1 b. Improvements in or upon the above described easement that do not prohibit the City from 2 exercising its reserved rights may be allowed by obtaining written permission from the 3 Department of Public Works Sewer Division with the understanding that the restoration 4 and costs of such improvements shall be the sole responsibility of the petitioner, its 5 successors and assigns in the event the City exercises its reserved easement rights. 6 7 c. No change from the existing grade within the easement area will be permitted without 8 written permission from the Department of Public Works. 9 10 d. No change in surfacing within the easement area will be peiiiiitted without written 11 permission from the Department of Public Works. 12 13 e. The petitioner, its successors and assigns shall indemnify, defend, and save harmless the 14 City of Saint Paul, its officers, agents, employees, and servants from all suits, actions, or 15 claims which shall arise from any injuries or damages received or sustained by any break 16 in any service pipe or connection in said reserved easement arising out of or resulting 17 from any action or negligence of the petitioner, its employees, agents, or business 18 invitees. 19 20 2. That, on behalf of the Board of Water commissioners, a permanent utility easement shall be 21 retained on, over, under and across the vacated area to reserve the right of the Board of Water 22 commissioners to maintain and operate any water facility in, on or under said easement, and to 23 enter upon said easement or any portion thereof at any time, and from time to time for the 24 purposes of future construction, reconstruction, inspecting, maintaining or repairing the same or 25 any pert thereof. Any development or use of the property within the said utility easement shall be 26 subject to the following restrictions: 27 28 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or 29 other object that may prohibit normal access to water facilities for maintenance purposes 30 will be permitted within the easement area. 31 32 b. With written permission from the Saint Paul Regional Water Services, improvements in 33 or upon the above described easement that do not prohibit or limit the full and free 34 exercise by the Water Services of its reserved rights may be allowed. Permission so 35 given will be with the understanding that the restoration and costs of such improvements, 36 should the Water Services exercise its easement rights, shall be the sole responsibility of 37 the fee owner, its successors and assigns. 38 39 c. Should it be necessary that the petitioner's works or improvements be removed or 40 damaged as a result of the Board of Water commissioners' operations, all removal, 41 replacement or modification costs shall be borne solely by the petitioner. 42 43 d. No change from the existing grade will be permitted without written permission from the 44 Water Services. 45 46 e. No change in surfacing within the easement area will be permitted without written 47 permission from the Water Services. p\..%aA1'- 1 - -e- The petitioner, its successors and assigns shall fully indemnify, defend and save harmless 2 the Saint Paul Regional Water Services, its officers, agents, employees, and servants from 3 all suits, action or claims which shall arise from any injuries or damages received or 4 sustained by any break in any service pipe, water main, or connection in said reserved 5 easement, arising out of or resulting from any action or negligence of the petitioner, its 6 employees, agents or business invitees. 7 8 3. That a permanent utility easement shall be retained within the east 20.00 feet of Parcel 2 to 9 protect the interest of Xcel Energy Company- 10 UN cs CJ°'sv•�``�� c,6 0., 11 4. That the petitioners, their successors and assigns shall, within ail days of the effective date of this 12 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution 13 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in 14 all respects with these terms and conditions. ORIGINAL Yeas Nays Absent Benanav ,/ Requested by Department of: Blakey ,/ Technology&Management Services Bostrom Coleman gt& Harris ,/- By: lie"014-- Lantry 4/ pv_vDirector Reiter ✓ Form Approved by City Attorney J rI D 0 Adopted by Council: Date 9 a-e>o t By: , ,_,. t • Adoption Certified by Council Secretary I By: �► ,' Approved b ayor for Submission to Council Approved by Mayor: Date �� 4 .�l By: By: i A/ c 1. Return copy to: Council File# 6t.Igo a. Real Estate Division 140 City Hall Green Sheet# 1∎\SS q RESOLUTION ORIGINAL CITY OF SAINT PAUL, MINNESOTA �3 Presented By u/l //í l Referred To Committee: Date 1 BE IT RESOLVED,that, upon the petition of the City of Saint Paul, as documented in Real Estate 2 Division File Number 09-2001, public properties hereinafter described are hereby vacated and 3 discontinued as public right-of-way: and„ the easements within those public properties are hereby 4 released. 5 6 The property to be vacated is described as follows: 7 8 Parcel 1. That part of Hoyt Avenue East lying easterly of the southerly extension of the east line of 9 Lot 15, Block 2, Birt's Addition and westerly of the southerly extension of the east line of 10 the east 120.00 feet of the south 124.00 of Lot 7, Kerwin's Outlots; and 11 12 Parcel 2. The alley in Block 3, Fred S. Herring's Plat 2. 13 14 BE IT FURTHER RESOLVED, that, subject to the herein stated exceptions and with the 15 accompanying Utility Easement Certificates of Intended Non-Use, filed voluntarily on behalf of Qwest 16 Communications, Incorporated, Xcel Energy, District Energy St. Paul, Incorporated, MCI Worldcom and 17 A.T. &T. Broadband, made a part hereof by this reference and filed in the office of the City Clerk of 18 Saint Paul, the City, for itself and on behalf of these corporations and departments, waives the right to 19 the utility easements in the vacated area described above. 20 21 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the 22 Saint Paul Legislative Code as amended, and to the following conditions: 23 24 1. That a permanent utility easement shall be retained on, over, under and across the vacated area on 25 behalf of the City of Saint Paul, Department of Public Works to reserve the right of the City to 26 maintain and operate any sewer in or upon said easement and to enter upon said easement or any 27 portion thereof at any time and from time to time, for the purposes of future construction, 28 reconstruction, inspecting, maintaining or repairing the same or any part thereof. Any 29 development or use of the property shall be subject to the following conditions: 30 31 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any 32 other objects that will prohibit normal access to utility facilities for maintenance purposes 33 will be permitted within the easement area. 34 S � of-tao� 1 b. Improvements in or upon the above described easement that do not prohibit the City from 2 exercising its reserved rights may be allowed by obtaining written permission from the 3 Department of Public Works Sewer Division with the understanding that the restoration 4 and costs of such improvements shall be the sole responsibility of the petitioner, its 5 successors and assigns in the event the City exercises its reserved easement rights. 6 7 c. No change from the existing grade within the easement area will be permitted without 8 written permission from the Department of Public Works. • 9 10 d. No change in surfacing within the easement area will be permitted without written 11 permission from the Department of Public Works. 12 13 e. The petitioner, its successors and assigns shall indemnify, defend, and save harmless the 14 City of Saint Paul, its officers, agents, employees, and servants from all suits, actions, or 15 claims which shall arise from any injuries or damages received or sustained by any break 16 in any service pipe or connection in said reserved easement arising out of or resulting 17 from any action or negligence of the petitioner, its employees, agents, or business 18 invitees. 19 20 2. That, on behalf of the Board of Water commissioners, a permanent utility easement shall be 21 retained on, over, under and across the vacated area to reserve the right of the Board of Water 22 commissioners to maintain and operate any water facility in, on or under said easement, and to 23 enter upon said easement or any portion thereof at any time, and from time to time for the 24 purposes of future construction, reconstruction, inspecting, maintaining or repairing the same or 25 any pert thereof. Any development or use of the property within the said utility easement shall be 26 subject to the following restrictions: 27 28 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or 29 other object that may prohibit normal access to water facilities for maintenance purposes 30 will be permitted within the easement area. 31 32 b. With written permission from the Saint Paul Regional Water Services, improvements in 33 or upon the above described easement that do not prohibit or limit the full and free 34 exercise by the Water Services of its reserved rights may be allowed. Permission so 35 given will be with the understanding that the restoration and costs of such improvements, 36 should the Water Services exercise its easement rights, shall be the sole responsibility of 37 the fee owner, its successors and assigns. 38 39 c. Should it be necessary that the petitioner's works or improvements be removed or 40 damaged as a result of the Board of Water commissioners' operations, all removal, 41 replacement or modification costs shall be borne solely by the petitioner. 42 43 d. No change from the existing grade will be permitted without written peimission from the 44 Water Services. 45 46 e. No change in surfacing within the easement area will be permitted without written 47 permission from the Water Services. 0%.1 ar0 1 - -e- The petitioner, its successors and assigns shall fully indemnify, defend and save harmless 2 the Saint Paul Regional Water Services, its officers, agents, employees, and servants from 3 all suits, action or claims which shall arise from any injuries or damages received or 4 sustained by any break in any service pipe, water main, or connection in said reserved 5 easement, arising out of or resulting from any action or negligence of the petitioner, its 6 employees, agents or business invitees. 7 8 3. That a permanent utility easement shall be retained within the east 20.00 feet of Parcel 2 to 9 protect the interest of Xcel Energy Com 11 10 V N e P ior.d..r S t`.�c4 w cr Co:n�.,., c b c+—, 11 4. That the petitioners, their successors and assigns shall, within 611 days of the effective date of this 12 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution 13 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in 14 all respects with these terms and conditions. ORIGINAL Yeas Nays Absent Benanav ,/ Requested by Department of: Blakey l Technology&Management Services Bostrom ,✓ Coleman t/' got& #11/10 I`- Harris ,/- By: Lantry pvvADirector Reiter ✓ Form Approved by City Attorney J ri D o / Adopted by Council: Date !-1 ers.11 rl 1 a-e>o t By: , r,�. ,_ " _ _ Adoption Certified by Council Secretary I By: Approved b ayor for Submission to Council Approved by Mayor: Date i .%S By: By: /lic/:.Li / i y Return copy to: Council File# b►-Igo a► Real Estate Division 140 City Hall Green Sheet# 1\\S51 RESOLUTION ORIGINAL CITY OF SAINT PAUL, MINNESOTA �3 Presented By detat7 Referred To Committee: Date 1 BE IT RESOLVED,that, upon the petition of the City of Saint Paul, as documented in Real Estate • 2 Division File Number 09-2001, public properties hereinafter described are hereby vacated and 3 discontinued as public right-of-way: and„ the easements within those public properties are hereby 4 released. 5 6 The property to be vacated is described as follows: 7 8 Parcel 1. That part of Hoyt Avenue East lying easterly of the southerly extension of the east line of 9 Lot 15, Block 2, Birt's Addition and westerly of the southerly extension of the east line of 10 the east 120.00 feet of the south 124.00 of Lot 7, Kerwin's Outlots; and 11 12 Parcel 2. The alley in Block 3, Fred S. Herring's Plat 2. 13 14 BE IT FURTHER RESOLVED, that, subject to the herein stated exceptions and with the 15- accompanying Utility Easement Certificates of Intended Non-Use, filed voluntarily on behalf of Qwest 16 Communications, Incorporated, Xcel Energy, District Energy St. Paul, Incorporated, MCI Worldcom and 17 A.T. & T. Broadband, made a part hereof by this reference and filed in the office of the City Clerk of 18 Saint Paul, the City, for itself and on behalf of these corporations and departments, waives the right to 19 the utility easements in the vacated area described above. 20 21 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the 22 Saint Paul Legislative Code as amended, and to the following conditions: 23 24 1. That a permanent utility easement shall be retained on, over, under and across the vacated area on 25 behalf of the City of Saint Paul, Department of Public Works to reserve the right of the City to 26 maintain and operate any sewer in or upon said easement and to enter upon said easement or any 27 portion thereof at any time and from time to time, for the purposes of future construction, 28 reconstruction, inspecting, maintaining or repairing the same or any part thereof. Any 29 development or use of the property shall be subject to the following conditions: 30 31 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any 32 other objects that will prohibit normal access to utility facilities for maintenance purposes 33 will be permitted within the easement area. 34 of-to� 1 b. Improvements in or upon the above described easement that do not prohibit the City from 2 exercising its reserved rights may be allowed by obtaining written permission from the 3 Department of Public Works Sewer Division with the understanding that the restoration 4 and costs of such improvements shall be the sole responsibility of the petitioner, its 5 successors and assigns in the event the City exercises its reserved easement rights. 6 7 c. No change from the existing grade within the easement area will be permitted without 8 written permission from the Department of Public Works. 9 10 d. No change in surfacing within the easement area will be permitted without written 11 permission from the Department of Public Works. 12 13 e. The petitioner, its successors and assigns shall indemnify, defend, and save harmless the 14 City of Saint Paul, its officers, agents, employees, and servants from all suits, actions, or 15 claims which shall arise from any injuries or damages received or sustained by any break 16 in any service pipe or connection in said reserved easement arising out of or resulting 17 from any action or negligence of the petitioner, its employees, agents, or business 18 invitees. 19 20 2. That, on behalf of the Board of Water commissioners, a permanent utility easement shall be 21 retained on, over, under and across the vacated area to reserve the right of the Board of Water 22 commissioners to maintain and operate any water facility in, on or under said easement, and to 23 enter upon said easement or any portion thereof at any time, and from time to time for the 24 purposes of future construction, reconstruction, inspecting, maintaining or repairing the same or 25 any pert thereof. Any development or use of the property within the said utility easement shall be 26 subject to the following restrictions: 27 28 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or 29 other object that may prohibit normal access to water facilities for maintenance purposes 30 will be permitted within the easement area. 31 32 b. With written permission from the Saint Paul Regional Water Services, improvements in 33 or upon the above described easement that do not prohibit or limit the full and free 34 exercise by the Water Services of its reserved rights may be allowed. Permission so 35 given will be with the understanding that the restoration and costs of such improvements, 36 should the Water Services exercise its easement rights, shall be the sole responsibility of 37 the fee owner, its successors and assigns. 38 39 c. Should it be necessary that the petitioner's works or improvements be removed or 40 damaged as a result of the Board of Water commissioners' operations, all removal, 41 replacement or modification costs shall be borne solely by the petitioner. 42 43 d. No change from the existing grade will be permitted without written permission from the 44 Water Services. 45 46 e. No change in surfacing within the easement area will be permitted without written 47 permission from the Water Services. 1 4-,-e- The petitioner, its successors and assigns shall fully indemnify, defend and save harmless 2 the Saint Paul Regional Water Services, its officers, agents, employees, and servants from 3 all suits, action or claims which shall arise from any injuries or damages received or 4 sustained by any break in any service pipe, water main, or connection in said reserved 5 easement, arising out of or resulting from any action or negligence of the petitioner, its 6 employees, agents or business invitees. 7 8 3. That a permanent utility easement shall be retained within the east 20.00 feet of Parcel 2 to 9 protect the interest of Xcel Energyedtryt 10 VN ef.1-hd,-T SJr 4cs 'Zwv.r CAn4)*On'i CI bw 11 4. That the petitioners, their successors and assigns shall, within 61i days of the effective date of this 12 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution 13 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in 14 all respects with these terms and conditions. ORIGINAL Yeas Nays Absent Benanav j. Requested by Department of: Blakey ,l' Technology &Management Services Bostrom Coleman L/' at&. Harris ,/- 1 By: 14#114- Lantry r/ Director Reiter J Form Approved by City Attorney ri o 0 / / / Adopted by Council: Date r.1,� r1 1 S--e>0 t By: _Al , �,�, ,_,. I • r, _ _ Adoption Certified by Council Secretary I By: )- li. ,' Approved b ayor for Submission to Council Approved by Mayor: Date ' ..1 f.l By: By: .0011."Zi Ci,O/ft 1 ; Return copy to: Council File# 6 t-%Do a, Real Estate Division 140 City Hall Green Sheet# 1\\SS ot RESOLUTION O j I G N L CITY OF SAINT PAUL, MINNESOTA 63 Presented By ‘14.1 gilt? /i/6 � 1 Referred To Committee: Date 1 BE IT RESOLVED, that, upon the petition of the City of Saint Paul, as documented in Real Estate • 2 Division File Number 09-2001, public properties hereinafter described are hereby vacated and 3 discontinued as public right-of-way: and„ the easements within those public properties are hereby 4 released. 5 6 The property to be vacated is described as follows: 7 8 Parcel 1. That part of Hoyt Avenue East lying easterly of the southerly extension of the east line of 9 Lot 15, Block 2, Birt's Addition and westerly of the southerly extension of the east line of 10 the east 120.00 feet of the south 124.00 of Lot 7, Kerwin's Outlots; and 11 f 12 Parcel 2. The alley in Block 3, Fred Herring's Plat 2. 13 14 BE IT FURTHER RESOLVED, that, subject to the herein stated exceptions and with the 15 accompanying Utility Easement Certificates of Intended Non-Use, filed voluntarily on behalf of Qwest 16 Communications, Incorporated, Xcel Energy, District Energy St. Paul, Incorporated, MCI Worldcom and 17 A.T. & T. Broadband, made a part hereof by this reference and filed in the office of the City Clerk of 18 Saint Paul, the City, for itself and on behalf of these corporations and departments, waives the right to 19 the utility easements in the vacated area described above. 20 21 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the 22 Saint Paul Legislative Code as amended, and to the following conditions: 23 24 1. That a permanent utility easement shall be retained on, over, under and across the vacated area on 25 behalf of the City of Saint Paul, Department of Public Works to reserve the right of the City to 26 maintain and operate any sewer in or upon said easement and to enter upon said easement or any 27 portion thereof at any time and from time to time, for the purposes of future construction, 28 reconstruction, inspecting, maintaining or repairing the same or any part thereof. Any 29 development or use of the property shall be subject to the following conditions: 30 31 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any 32 other objects that will prohibit normal access to utility facilities for maintenance purposes 33 will be permitted within the easement area. 34 of 1 b. Improvements in or upon the above described easement that do not prohibit the City from 2 exercising its reserved rights may be allowed by obtaining written permission from the 3 Department of Public Works Sewer Division with the understanding that the restoration 4 and costs of such improvements shall be the sole responsibility of the petitioner, its 5 successors and assigns in the event the City exercises its reserved easement rights. 6 7 c. No change from the existing grade within the easement area will be permitted without 8 written permission from the Department of Public Works. 9 10 d. No change in surfacing within the easement area will be permitted without written 11 permission from the Department of Public Works. 12 • 13 e. The petitioner, its successors and assigns shall indemnify, defend, and save harmless the 14 City of Saint Paul, its officers, agents, employees, and servants from all suits, actions, or 15 claims which shall arise from any injuries or damages received or sustained by any break 16 in any service pipe or connection in said reserved easement arising out of or resulting 17 from any action or negligence of the petitioner, its employees, agents, or business 18 invitees. 19 20 2. That, on behalf of the Board of Water commissioners, a permanent utility easement shall be 21 retained on, over, under and across the vacated area to reserve the right of the Board of Water 22 commissioners to maintain and operate any water facility in, on or under said easement, and to 23 enter upon said easement or any portion thereof at any time, and from time to time for the 24 purposes of future construction,reconstruction, inspecting, maintaining or repairing the same or 25 any pert thereof. Any development or use of the property within the said utility easement shall be 26 subject to the following restrictions: 27 28 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or 29 other object that may prohibit normal access to water facilities for maintenance purposes 30 will be permitted within the easement area. 31 32 b. With written permission from the Saint Paul Regional Water Services, improvements in 33 or upon the above described easement that do not prohibit or limit the full and free 34 exercise by the Water Services of its reserved rights may be allowed. Permission so 35 given will be with the understanding that the restoration and costs of such improvements, 36 should the Water Services exercise its easement rights, shall be the sole responsibility of 37 the fee owner, its successors and assigns. 38 39 c. Should it be necessary that the petitioner's works or improvements be removed or 40 damaged as a result of the Board of Water commissioners' operations, all removal, 41 replacement or modification costs shall be borne solely by the petitioner. 42 43 d. No change from the existing grade will be permitted without written permission from the 44 Water Services. 45 46 e. No change in surfacing within the easement area will be permitted without written 47 peiiuission from the Water Services. 1 -F-e- The petitioner, its successors and assigns shall fully indemnify, defend and save harmless 2 the Saint Paul Regional Water Services, its officers, agents, employees, and servants from 3 all suits, action or claims which shall arise from any injuries or damages received or 4 sustained by any break in any service pipe, water main, or connection in said reserved 5 easement, arising out of or resulting from any action or negligence of the petitioner, its 6 employees, agents or business invitees. 7 8 3. That a permanent utility easement shall be retained within the east 20.00 feet of Parcel 2 to 9 protect the interest o1f'Xcel Energy-Cempa +- 10 V N et1`11drn Sits}e3 wcr c-....-+.4)...., cl b 0–, 11 4. That the petitioners, their successors and assigns shall, within 61i days of the effective date of this 12 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution 13 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in 14 all respects with these terms and conditions. ORIGINAL Yeas Nays Absent Benanav ,/ Requested by Department of: Blakey ,/' Technology &Management Services Bostrom Coleman L/' al,&. Harris L.- By: Lantry ✓ rnr..Director Reiter ✓ [ Form Approved by City Attorney ri D 0 / Adopted by Council: Date t- a-. I � , f'1 a-e>o t By: 1 . . , ... t . �_- _ _ Adoption Certified by Council Secretary I By: N ,' Approved b ayor for Submission to Council Approved by Mayor: Date ' ... 1 ..l By: By: i�l.�Li 411 4 cc/0dt / NOTICE OF PUBLIC HEARING Notice is hereby given that the petition of the City of Saint Paul, for the vacation of that part of Hoyt Avenue between Kennard and Flandrau 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 7th day of November, 2001 at 5 :30 P .M. Dated October 9, 2001 Shari Moore Deputy City Clerk (October 15, 2001) \I NT ''l` Interdepartmental Memorandum CITY OF SAINT PAUL AAAA To: Shari Moore City Clerk's Office 170 City Hall j� From: Peter White (�" Right of Way Engir4er 140 City Hall Date: October 4, 2001 Subject; TMS Department Vacation File No 09-2001 I recommend a public hearing before the City Council be held on November 7, 2001 The purpose of this hearing is to consider a petition to vacate part of Hoyt Avenue between Kennard and Flandr. This property is located in City Council District 6, Planning District 2. The subject petition is in proper form and has been signed by the requisite number of property owners. • Notice of this hearing must be published in the Legal Ledger by October 18, 2001. (901 date) Department of Technology and Management Services Real Estate Division 140 City Hall Phone: (651)266-8850 Saint Paul, MN 55102 Fax: (651)266-8855 CITY OF SAINT PAUL SAINT P A L L Norm Coleman, Mayor 4 AIWA April 30, 2001 To the Honorable Members of the Council of the City of Saint Paul The City of Saint Paul hereby petitions to vacate the following City owned lands: Parcel 1. That part of Hoyt Avenue East lying easterly of the southerly extension of the east line of Lot 15, Block 2, Birt's Addition and westerly of the southerly extension of the east line of the east 120.00 feet of the south 124.00 of Lot 7, Kerwin's Outlots; and Parcel 2. The alley in Block 3, Fred S. Herring's Plat 2. See Attached Map All properties adjoining the lands to be vacated have been purchased by the City to construct a dry pond for flood remediation purposes. CITY OF SAINT PAUL By ._�Cd z- /� Mayor Q STATE OF MINNESOTA The foregoing instrument was acknowledged pNfore me this .') Q SS. •f L/ ."_J , 2001 by SV San t∎i COUNTY OF RAMSEY • Mayor of the City of Saint Paulmunicipal corpora ion u ∎er the laws of the State of Minnesota. arrL___ ,---1, --R Notary Public 1 JEAN R. KARPE f "• NOTARY PUBLIC—MINNESOTA My Comm.Expires an.31,2005 I R r Z ..............." S ■111■1111111.011111111110 • C ' .II�4 I I 1.---i - '4 _ _ MI jj r 11 I 'y c{ i: ii .9 FLANDRAU AS EL-1.., 50'/Ll — ,t7 im 17- a LOt 7.7-i-1 CO; '- _ I I tg— N ° v e s', Y t N T-m• 0 61 - nv z a co O n O 1 ] u i I e lti N + NI co Es_ O CD i I 51 O 3 N N : - I co .--,.. cr) •iii,El,. 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