02-557 (4) •
CO.A5
Council File#
Green Sheet# 111979
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2 c. Should it be necessary that the petitioner's works or improvements be removed, or should
3 the said works or improvements be damaged as a result of the Saint Paul Regional Water
4 Services' operations, all removal, replacement or modification costs shall be borne solely
5 by the petitioner.
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7 d. No change from the existing grade within the easement shall be permitted without written
8 permission from the Saint Paul Regional Water Services.
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10 e. No change in surfacing within the easement area shall be permitted without written
11 permission from the Saint Paul Regional Water Services.
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13 f. The petitioner, its successors and assigns shall fully indemnify, defend and save harmless
14 the Board of Water Commissioners of the City of Saint Paul, its officers, agents,
15 employees, and servants from all suits, actions or claims that shall arise from any injuries
16 or damages received or sustained by any break in any service pipe, water main, or
17 connection in said reserved easement, arising out of or resulting from any action or
18 negligence of the petitioner, its employees, agents or business invitees.
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20 7. That a permanent utility easement shall be retained within the vacated area located in Parcel 5 to
21 protect the interest and maintain the existing facilities of Qwest Communications, Inc.
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23 8. That a permanent utility easement shall be retained within the vacated areas located in Parcels 2
24 and 5 to protect the interest and maintain the existing facilities of Xcel Energy-Gas Division.
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26 9. Notwithstanding the provisions of paragraphs 5 though 8 above retaining the existing utility
27 easements over Parcel 5, the City of St. Paul acknowledges and agrees that such utility easements
28 will be relocated to be consistent with the Site Plan for the Realife cooperative project that was
29 approved by the City on May 14, 2002. Such relocation of the utility easements will be
30 accomplished by dedication under the Final Plat for the Realife project to be considered by the
31 City of St. Paul on June 5, 2002.
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33 10. That the petitioners, their successors and assigns agree to indemnify, defend and save harmless
34 the City of Saint Paul, its officers and employees from all suits, actions or claims of any character
35 brought as a result of injuries or damages received or sustained by any person, persons or
36 property on account of this vacation or petitioners' use of this property, including but not limited
37 to, a claim brought because of any act of omission, neglect, or misconduct of said petitioners or
38 because of any claims or liability arising from any violation of any law or regulation made in
39 accordance with the law, whether by the petitioners or any of their agents or employees.
40
41 11. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this
42 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution
43 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in
44 all respects with these terms and conditions.
oz. Asa
Council File# -__ _
Green Sheet# 1/1'171
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Yeas Nays Absent
Benanav ,/ Requested by Department of:
Blakey Technology& Management Services
Bostrom
Coleman ,,-
Harris ;i By: c?//_tA/4 ______
Lantry <, ,
Reiter j Form Approved by City Attorney
L6____1 O / .
/ I
Adopted by Council: Date /22 1' i . 7I ' 3 By: L► _i4.i• is• I r ,
Adoption -rtified by Council Secretary I • /
By: ��
- _ App - oy Mayor for Imi to ' nc'
Approv: 1 Mayor: Da - , --4, -fir
By: _�_ .�17 B t `����_ _ % - A I N
. / }
GASHARED\REAL WPdata\ . ATE\Bruce\2002\05.2002.VacResolufion.fnl. •d
o a - 953
Exhibit A
SUBSTITUTE
(Legal Descriptions of parcels vacated per TMS File No. 05-2002)
Parcel 2 - That part of East Jessamine Avenue described as follows: Commencing at the
northwest corner of Lot 15, Block 3, Kiefer-Park; thence on an assumed bearing of South 00
degrees 12 minutes 12 seconds East along the west line of said Lot 15 a distance of 22.69 feet;
thence South 41 degrees 26 minutes 21 seconds East to the north line of East Jessamine Avenue
and the point of beginning of said property to be described; thence continuing South 41 degrees
26 minutes 21 seconds East 43.98 feet to the center line of said East Jessamine Avenue; thence
North 89 degrees 56 minutes 11 seconds East along said center line 32.20 feet; thence North 48
degrees 07 minutes 55 seconds East 49.50 feet to said north line of East Jessamine Avenue;
thence westerly along said north line to the point of beginning.
Parcel 3 - That part of Lots 20, 21, 22, and 23, Block 3, Kiefer-Park, lying northwesterly of the
following described line; Commencing at the northwest corner of Lot 15, Block 3, Kiefer-Park;
thence on an assumed bearing of South 00 degrees 12 minutes 12 seconds East along the west
line of said Lot 15 a distance of 22.69 feet; thence South 41 degrees 26 minutes 21 seconds East
to the center line of said East Jessamine Avenue; thence North 89 degrees 56 minutes 11 seconds
East along said center line 32.20 feet to the point of beginning of said line to be described; thence
North 48 degrees 07 minutes 55 seconds East 272.99 feet and there terminating.
Parcel 3a - That part of the alley in Block 3, Kiefer-Park lying easterly of the northerly extension
of the west line of Lot 20 in said Block 3 and northwesterly of the following described line;
Commencing at the northwest corner of Lot 15, Block 3, Kiefer-Park; thence on an assumed
bearing of South 00 degrees 12 minutes 12 seconds East along the west line of said Lot 15 a
distance of 22.69 feet; thence South 41 degrees 26 minutes 21 seconds East to the center line of
said East Jessamine Avenue; thence North 89 degrees 56 minutes 11 seconds East along said
center line 32.20 feet to the point of beginning of said line to be described; thence North 48
degrees 07 minutes 55 seconds East 272.99 feet and there terminating.
Parcel 4 - That part of East Geranium Avenue which lies between the northerly extensions of the
west line of Lot 9, Block 3, Kiefer-Park and the east line of Lot 8, said Block 3.
Parcel 5 - That part of the Northwesterly Half of Prosperity Avenue as relocated, lying south of
the south line of East Geranium Avenue and northwesterly of the following described line;
Commencing at the northwest corner of Lot 15, Block 3, Kiefer-Park; thence on an assumed
bearing of South 00 degrees 12 minutes 12 seconds East along the west line of said Lot 15 a
distance of 22.69 feet;thence South 41 degrees 26 minutes 21 seconds East to the center line of
said East Jessamine Avenue; thence North 89 degrees 56 minutes 11 seconds East along said
center line 32.20 feet to the point of beginning of said line to be described; thence North 48
degrees 07 minutes 55 seconds East 272.99 feet;thence northeasterly along a tangential curve to
the right having a radius of 388.61 feet to the center line of said Prosperity Avenue and there
terminating.
G:\SHARED\REAL WPdata\VACATE\Bruce\2002\05.2002.Legals.fnLfal.wpd 1
- tiS3
Parcel 7 - That part of the alley in Block 3, Kiefer-Park lying northwesterly of the center line of
Prosperity Avenue as relocated and lying easterly of the following described line: Commencing
at the northwest corner of Lot 15, Block 3, Kiefer-Park; thence on an assumed bearing of South
00 degrees 12 minutes 12 seconds East along the west line of said Lot 15 a distance of 22.69 feet;
thence South 41 degrees 26 minutes 21 seconds East to the center line of said East Jessamine
Avenue; thence North 89 degrees 56 minutes 11 seconds East along said center line 32.20 feet to
the point of beginning of said line to be described; thence North 48 degrees 07 minutes 55
seconds East 272.99 feet and there terminating.
Parcel 8 - That part of Lots 20, 21, 22, and 23, Block 3, Kiefer-Park, lying northwesterly of the
northwesterly line of Prosperity Avenue as relocated and southeasterly of the following described
line; Commencing at the northwest corner of Lot 15, Block 3, Kiefer-Park; thence on an assumed
bearing of South 00 degrees 12 minutes 12 seconds East along the west line of said Lot 15 a
distance of 22.69 feet; thence South 41 degrees 26 minutes 21 seconds East to the center line of
said East Jessamine Avenue; thence North 89 degrees 56 minutes 11 seconds East along said
center line 32.20 feet to the point of beginning of said line to be described; thence North 48
degrees 07 minutes 55 seconds East 272.99 feet and there terminating.
Parcel 9 - That part of the Northwesterly Half of Prosperity Avenue as relocated, lying north of
the north line of East Jessamine Avenue and south of the south line of the alley in Block 3,
Kiefer-Park.
Parcel 10 - That part of the Northwesterly Half of Prosperity Avenue as relocated, lying north of
the north line of the alley in Block 3, Kiefer-Park and lying southeasterly of the following
described line: Commencing at the northwest corner of Lot 15, Block 3, Kiefer-Park; thence on
an assumed bearing of South 00 degrees 12 minutes 12 seconds East along the west line of said
Lot 15 a distance of 22.69 feet; thence South 41 degrees 26 minutes 21 seconds East to the center
line of said East Jessamine Avenue; thence North 89 degrees 56 minutes 11 seconds East along
said center line 32.20 feet to the point of beginning of said line to be described; thence North 48
degrees 07 minutes 55 seconds East 272.99 feet; thence northeasterly along a tangential curve to
the right having a radius of 388.61 feet to the center line of said Prosperity Avenue and there
terminating.
G:ISHARED\REAL WPdata\VACATE\Bruce\2002\05.2002.Legals.fnl.fnl.wpd 2
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