91-518 (2) Return copy to: ORiGINAL
Real Estte Division Council File # q/- 57X
213 City Hall
(RM) (29-1990) Green Sheet # /0796r0
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
•
Presented By
Referred To Committee: Date
RESOLVED, that upon the petition of Richard Wybierala, per Finance
File No. 29-1990 , that part of Desoto Street bounded by Whitall
Street and the Chicago North Western Railroad hereinafter
described , is hereby vacated and discontinued as public property.
The vacated area is described as follows :
All that part of Desoto Street lying between
Whitall Street and a line drawn from the southeast
corner of Lot 16 , Block 5 to the southwest corner
of Lot 15 , Block 4 , Stinson' s Addition to the City
of Saint Paul, Ramsey County, Minnesota.
This vacation shall be subject to the following conditions :
1. That this vacation shall bie subject to all the terms
and conditions of Chapter 130 , codified March 1 ,
1981 of the St. Paul Legislative Code, as amended .
2 . That the petitioner , his heirs , and assigns shall
pay the City $14 ,850 as compensation for this
vacation which is due and payable within 60 days of
the publication date of this resolution.
3 . That a permanent Water Utility easement be retained
within the west half of the vacated area on behalf
of the City of Saint Paul , Board of Water
Commissioners. This easement shall be subject to
the following conditions :
a. No buildings , structures , or trees are permitted
within the easement area, nor any temporary
structure , material storage , fixture or other
objects that will prohibit normal access to
water facilities for maintenance purposes .
b, No change from the existing grade is permitted
without written permission from the Water
Utility.
c . No change in surfacing within the easement area
is permitted without written permission from the
Water Utility.
d . That the petitioner , its successors , and assigns
shall fully indemnify, defend , and save
harmless , the Board of Water Commisioners , its
officers , agents , employees , and servants from
o i GINAL !Fq/-5-/k
all suits , actions , or claims which shall arise
from any injuries or damages received or
sustained by any break in any service pipe ,
water main , or connection in said reserved
easement , arising out of or resulting from any
action or negligence of the petitioner , its
employees , agents or business invitees .
4 . That the petitioner , his heirs , and assigns shall
make application with and obtain approval from the
Department of Public Works for a change of address
at 837 Desoto Street to a new house numbered on
Whitall Street .
5 . That the petitioner , his heirs , and assigns shall
submit a site plan and obtain approval of said plan
from the Department of Planning and Economic
Development in accordance with all applicable codes
and ordinances indicating the proposed development
of vacated Desoto Street (described above) and the
adjacent area prior to filing a written acceptance
of the conditions of this resolution with the City
Clerk.
6 . That the petitioner , his heirs , and assigns shall
make application for and obtain from the City, all
necessary permits required for the development and
use of vacated Desoto Street (described above)
including but not limited to permits for grading ,
filling , and building in accordance with all
applicable codes and ordinances prior to filing a
written acceptance of the conditions of this
resolution with the City Clerk .
7 . That a permanent easement be retained within the
vacated area to protect the interests of Northern
States Power Company.
ORIGft! AL (.,.9,_ 5-ir
8 . That the petitioner , its successors , and assigns , by
acceptance of the terms and conditions of this
vacation agree to indemnify, defend , and save
harmless the City of Saint Paul, its officers , and
employees from all suits , actions , or claims of any
character brought as a result of injuries or damages
received or sustained by any person, persons , or
property on account of this vacation or petitioner' s
use of this property, including but not limited to a
claim brought because of any act of omission ,
neglect , or misconduct of said petitioner or because
of any claims or liability arising from any
violation of any law or regulation made in accordance
with the law whether by the petitioner or any of its
agents or employees .
9 . That the petitioner , its successors , and assigns ,
shall within 60 days of the publication date of this
resolution , file with the City Clerk an acceptance
in writing of the conditions of this resolution and
shall within the period (s) specified in the terms
and conditions of this resolution, comply in all
respects with these terms and conditions .
•
•
--)ki?:tikitiAn'U c5-`02/ `f/
Yeas Nays Absent Requested by Department of:
Dimond
Goswitz
Long Finance-& Management Services s
Maccabee
Rettman ✓ "' !
Thune ; r l
Wilson 1 By: (0Z-44 e for
Adopted by Council: Da? e'; ) S i Form Approved by City Attorney
Adoption Certify d y Council Secretary Ede-n..-„,
r By: 7_,,._.
By: -,y
Approved by Mayor for Submission to
Council
Approved by Mayor: Date
,,,,,,,,,„/„/
By:
p
By:
3
December 17, 1990
Mr. Ed Warn
Valuation Engineer
Real Estate Division
Roomy 218, City Hall
Dear Sir:
I refer to you for check as to form and sufficiency and for recommendation
the attached petition of Richard A. Wybierala for the vacation of
a portion of Desoto Street from Whitall Street south to the Chicago
Northwestern Railroad yard in Block 4, Stinson's Addition.
Very truly yours,
Albert B. Olson
City Clerk
ABO:th
Attachment
•
... _---. _ 1 i 1 I. • to i/,..,. _
LI ge_.„, :,.?/ 7- -744-0 ____ 0 t
RECEIVED
PETITON TO VACATE PUBLIC STREET DC101990
CITY CLERK
TO: THE COUNCIL OF THE CITY OF SAINT PAUL
The petitioners, Richard A. Wybierala and Poor Richard's Incorporated, a Minnesota
Corporation, do hereby petition the Council of the City of Saint Paul to vacate the
public property described as follows:
Desoto Street, from Whitall street south to Chicago Northwestern Railroad yard. Adjoining
lots 1-4-5-8-9-12-13-16- in block 5 of Stinsons Addition to the west. Lots 2-3-6-7-10-11-
-14-15- in block 4 Stinsons Addition to the east.
Desoto street is a dedicated, but unimproved street; it has never been maintained by the
City of Saint Paul . Our reason for petition is to fejoin surrounding property.
Alice S. Wybierala, President of Poor Richard's Inc. will be responsible for payment of
compensation and acceptance of the conditions of the vacation, and the contact person for
further information.
Lot 1 , Block 5 is owned by Richard A. Wybierala �.c� a Ii '6„.„-_,,Li
Lots 4-5-8-9-12-13-16-in Block 5, and
Lots 2-3-6-7-10-11-14-15- in Block 4 P om v. R..-.413-rd is T'ht.
are owned by Poor Richard's Inc.
All Lots are in Stinsons Addition to the • /, / ` ,
City of Saint Paul . .�°_� �/ '
Alice S. Wybierala a ;cleyld
1
I
I, Richard A. Wybierala , am one of the petitioners in the above matter and hereby 1
f
swear and verify that each of the signatures on this petition was signed by the pers n a.
described in the petition and in my presence.
s' gne !
x AAAAAAAAAAAAAAAAAAA. AAAAA,AAAAAAAA /
4` ALICE S. WrYBIERALA
: k Subscribed and sworn to b ore me
. NOTARY PUBLIC-MINNESOTA _
<'t ` RAMSEY COUNTY thi s a.� day of�►�f
My Comm.Expires Apr.10,1996 19 40
•VVVVVVVVVVVVVVV VVVVVVVVVVVVVVWVW■ /
eyes;ciao'o F porn Ric , , I l ,-&-ci,e,&:-
ez' , Alice S. Wybierala , , am one of the petitioners in the 'stove matter and hereby
swear and verify that each of the signatures on this tition was sign d by the person
described in the petition and in my presence.
signed ,
Subscribedand sworn to :yore me
rnnnnnnnnnnnnnr.nnnnnnnnnMAAAAnnAM■ this .25 day of ( .C,t• jJ
,,mow. RICH tC A. 1NYEIERALA f
„try, a�..
<;.j$ ' ' IOTARY PUBLIC-MINNESOTA 1 o
rtli:, tc ,RAMSEY COUNTY
My Comm.Expires Sept.24,1995
1 VVVVVVVVVVVY WWVVVYVVVVVVVVVVVVR
I