02-557 (3) t i
Return copy to: BJE Council File# C , ' S3
Real Estate Division
140 City Hall Green Sheet# 111979
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented By i)///),,/Sidy."....._
Referred To Committee: Date
1 BE IT RESOLVED, that, upon the petition of Realife, Inc., as documented in Real Estate Division File
2 Number 05-2002, public properties hereinafter described are hereby vacated and discontinued as public
3 property.
4
5 The properties to be vacated are described in attached Exhibit A.
6
7 This vacation shall be subject to the terms and conditions of Chapter 130, codified March 1, 1981, of the
8 Saint Paul Legislative Code as amended, and to the following conditions:
9
10 1. That the petitioners, their successors and assigns shall pay$500.00 as an administrative fee for
11 this vacation, which is due and payable within 60 days of the effective date of this resolution.
12
13 2. That the City of Saint Paul has determined there is no longer a public purpose for owning and
14 maintaining Parcel 3, which was acquired for right of way purposes for Phalen Boulevard, and
15 wishes to vacate its interest in this property; and that through this resolution the proper City
16 officials shall be authorized to convey, by quit claim deed, title to Parcel 3 to the HRA.
17
18 3. That the petitioner shall replat the development area to dedicate the drainage and utility
19 easements needed across part of Lots 14 through 17, Block 3, Kiefer-Park, and the necessary
20 easements in vacated Prosperity Avenue and the right-of-way for Phalen Boulevard and Johnson
21 Parkway; and that the vacation of Parcels 7, 8, 9 and 10, as described in Exhibit A, shall not
22 become effective until the new plat has been approved by the Saint Paul City Council and the
23 Ramsey County Surveyor's Office, and submitted to Ramsey County for filing with the
24 Department of Property Records &Revenue.
25
26 4. That the petitioner shall provide a snow storage area on the west end of Geranium to the
27 satisfaction of the Department of Public Works.
28
29 5. That a permanent utility easement shall be retained on, over, under and across the vacated area
30 located in Parcel 5 on behalf of the City of Saint Paul, Department of Public Works to reserve the
31 right of the City to maintain and operate any sewer in or upon said easement and to enter upon
32 said easement or any portion thereof at any time and from time to time, for the purposes of future
Council File#
Green Sheet# 111979
1 construction, reconstruction, inspecting, maintaining or repairing the same or any part thereof.
2 Said utility easement shall be subject to the following conditions:
3
4 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any
5 other objects that will prohibit normal access to utility facilities for maintenance purposes
6 will be permitted within the easement area.
7
8 b. Improvements in or upon the above described easement that do not prohibit the City from
9 exercising its reserved rights may be allowed by obtaining written permission from the
10 Department of Public Works Sewer Division with the understanding that the restoration
11 and costs of such improvements shall be the sole responsibility of the petitioner, its
12 successors and assigns in the event the City exercises its reserved easement rights.
13
14 c. No change from the existing grade within the easement area will be permitted without
15 written permission from the Department of Public Works.
16
17 d. No change in surfacing within the easement area will be permitted without written
18 permission from the Department of Public Works.
19
20 e. The petitioner, its successors and assigns shall indemnify, defend, and save harmless the
21 City of Saint Paul, its officers, agents, employees, and servants from all suits, actions, or
22 claims which shall arise from any injuries or damages received or sustained by any break
23 in any service pipe or connection in said reserved easement arising out of or resulting
24 from any action or negligence of the petitioner, its employees, agents, or business
25 invitees.
26
27 6. That, on behalf of the Board of Water Commissioners of the City of Saint Paul, a permanent
28 utility easement shall be retained on, over, under and across the vacated area located in Parcel 5
29 to reserve the right of the Board to maintain and operate any water facility in, on or upon said
30 easement, and to enter upon said easement or any portion thereof at any time, and from time to
31 time for the purposes of future construction, reconstruction, inspection, maintenance or repair of
32 the same or any part thereof. The said utility easement shall be subject to the following
33 restrictions:
34
35 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or
36 other object that may prohibit normal access to water facilities for maintenance purposes
37 will be permitted within the easement area.
38
39 b. With written permission from the Saint Paul Regional Water Services, improvements in
40 or upon the above described easement that do not prohibit or limit the full and free
41 exercise by the Saint Paul Regional Water Services of its reserved rights may be allowed,
42 with the understanding that the restoration and costs of such improvements, should the
43 Water Services exercise its easement rights, shall be the sole responsibility of the fee
44 owner, its successors and assigns.