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03-861 (2) Return copy to: e.c. Council File# OS-1(41 Real Estate Division 140 City Hall Green Sheet# C 1(83 RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Committee: Date 1 BE IT RESOLVED,that,upon the petition of the Housing and Redevelopment Authority of the City of 2 Saint Paul, as documented in Real Estate Division File Number 06-2003,public properties hereinafter 3 described are hereby vacated and discontinued as public property: 4 5 The property to be vacated is described in the attached Exhibit A 6 7 BE IT FURTHER RESOLVED,that the proper City officials shall convey the above described property 8 by quit claim deed to the Housing and Redevelopment Authority of the City of Saint Paul. 9 10 BE IT FURTHER RESOLVED,that,subject to the herein stated exceptions and with the accompanying 11 Utility Easement Certificates of Intended Non-Use,filed voluntarily on behalf of Qwest Corporation, 12 Northern States Power Company, d.b.a. Xcel Energy,District Energy St.Paul, Incorporated,MCI, 13 Comcast of Saint Paul,Inc., Saint Paul Regional Water Services,and the Department of Public Works, 14 made a part hereof by this reference and filed in the office of the City Clerk of Saint Paul,the City,for 15 itself and on behalf of these corporations and departments,waives the right to the utility easements in the 16 vacated area described above. 17 18 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981,of the 19 Saint Paul Legislative Code as amended,and to the following conditions: 20 21 1. That the petitioner's,their successors and assigns shall pay$$2,000 as an administrative fee for 22 this vacation which is due and payable within 60 days of the effective date of this resolution. 23 24 2. That the developer shall submit a survey and legal description,to the satisfaction of the City of 25 Saint Paul Department of Public Works,of the area to be vacated . 26 27 3. That the developer shall replat the area to be developed. 28 29 4. That the developer shall dedicate an additional 14 feet along the north side of Norfolk Avenue 30 for the widening of the said street and shall be responsilbe for all costs associated with the 31 reconstruction of said Norfolk Avenue abutting their development. 03-76\ 1 5. That the developer shall be responsible for the reconstruction of all streets and removal and/or 2 relocation of utilities,under an ordinance permit issued by the City of Saint Paul Department of 3 Public Works Division of Street Engineering,and to the satisfaction of the City of Saint Paul 4 Department of Public Works,within their redevelopment area. Said reconstruction shall include, 5 but not be limited to, sanitary sewer connections, storm lines,catch basins,pavement,curbs, 6 gutters, street lighting, street signs and sidewalks. 7 8 6. That a permanent utility easement shall be retained within the vacated area to protect the interest 9 of Northern States Power Company,d.b.a.Xcel Energy. 10 11 7. That a permanent utility easement shall be retained within the vacated area to protect the interest 12 of Qwest Corporation. 13 14 8. That the petitioners,their successors and assigns agree to indemnify, defend and save harmless 15 the City of Saint Paul, its officers and employees from all suits,actions or claims of any character 16 brought as a result of injuries or damages received or sustained by any person,persons or 17 property on account of this vacation or petitioners' use of this property,including but not limited 18 to,a claim brought because of any act of omission,neglect,or misconduct of said petitioners or 19 because of any claims or liability arising from any violation of any law or regulation made in 20 accordance with the law,whether by the petitioners or any of their agents or employees. 21 22 9. That the petitioners,their successors and assigns shall,within 60 days of the effective date of this 23 resolution,file with the City Clerk an acceptance in writing of the conditions of this resolution 24 and shall,within the period(s)specified in the terms and conditions of this resolution, comply in 25 all respects with these terms and conditions. Yeas Nays Absent Benanav t/ _ Requested by Department of: 1 Blakey I ✓ Technology&Management Services Bostrom ✓ Coleman I I ✓ Harris _ I - I[ By: % _i►�.a.4 4.. - Ltry ,/ 4 ` �� ` D.rector [Reiter . I ✓ I 1 Form Approved by City Attorney I I��r no1 I I ill Adopted by Council: Date 9–,:,7 /...g By: _ALI, di 1 ra, Adoption Certified by Council Secretary ii By: [�.1.keSOry Approve, . , Mayor for S ; is.'.n • Cs o4il Approve���.YMaYor: Dat- - C. % / o 4 ✓lip By: «� / By: i I `..�iri/ ::. ■ I If r f EXHIBIT A D3-1.41 GATEWAY VILLAGE Former MnDOT Land(Now Ouit Claimed to the City of St.Paul)Combined With City of St. Paul Land Into One Legal Description August 29,2003 That part of Lot 1,Block 10,Homecroft an addition to the City of St.Paul,Ramsey County,Minnesota,described as follows: Beginning at the property line corner of West Seventh Street and Wheeler Street;thence run due south 100 feet;thence due west 80 feet; thence north to the property line of West Seventh Street;thence north by east to the property line on the corner of West Seventh Street and Wheeler Street; Which lies within a distance of 41 feet southeasterly of the following described line: From a point on the east and west quarter line of Section 21,Township 28 North,Range 23 West,distant 169.95 feet East of the center of said Section 21,run northeasterly at an angle of 60 degrees 59 minutes 55 seconds with said east and west quarter line-for 318.02 feet;thence deflect to the left at an angle of 90 degrees 00 minutes for 12 feet to the point of beginning of the line to be described;thence deflect to the right at an angle of 90 degrees 00 minutes for 111.52 feet;thence deflect to the right at an angle of 21 degrees 32 minutes 33 seconds for 400 feet and there terminating. And which lies southeasterly of the following described line: Commencing at the Southwest corner of the Northeast Quarter of Section 21,Township 28 North,Range 23 West,Ramsey County,Minnesota;thence North 89 degrees 31 minutes 22 seconds East,assumed bearing,along the south line of said Northeast Quarter a distance of 204.15 feet;thence North 28 degrees 36 minutes 22 seconds East,37.76 feet; thence South 89 degrees 31 minutes 22 seconds West,215.43 feet to the point of beginning of the line to be described;thence North 42 degrees 37 minutes 05 seconds East,241.01 feet;thence North 50 degrees 39 minutes 18 seconds East,246.66 feet; thence North 63 degrees 30 minutes 59 seconds East,75.70 feet;thence North 47 degrees 22 minutes 22 seconds East, 104.42 feet;thence North 0 degrees 09 minutes 55 seconds West,3.76 feet;thence North 50 degrees 04 minutes 01 seconds East, 52.04 feet;thence South 0 degrees 09 minutes 55 seconds East, 1.93 feet;thence North 49 degrees 48 minutes 42 seconds East,84.35 feet;thence North 52 degrees 39 minutes 39 seconds East, 102.95 feet to the northerly endpoint of the west line of Block 9,said Homecroft an Addition to the City of St.Paul,and there terminating. TOGETHER WITH: That part of the following described Parcels A,B.&C: Parcel A Lots 1 and 2,Block 10,Homecroft an Addition to the City of St.Paul,Ramsey County, Minnesota. EXCEPTING THEREFROM, Page 1 of 2 d3-ex/ That part of Lot 1,Block 10,Homecroft an addition to the City of St.Paul described as follows: Beginning at the property line corner of West Seventh Street and Wheeler Street;thence run due south 100 feet;thence due west 80 feet;thence north to the property line of West Seventh Street;thence north by east to the property line on the corner of West Seventh Street and Wheeler Street: Which lies within a distance of 41 feet southeasterly of the following described line: From a point on the east and west quarter line of Section 21,Township 28 North,Range 23 West,distant 169.95 feet East of the center of said Section 21,run northeasterly at an angle of 60 degrees 59 minutes 55 seconds with said east and west quarter line for 318.02 feet;thence deflect to the left at an angle of 90 degrees 00 minutes for 12 feet to the point of beginning of the line to be described;thence deflect to the right at an angle of 90 degrees 00 minutes for 111.52 feet;thence deflect to the right at an angle of 21 degrees 32 minutes 33 seconds for 400 feet and there terminating. Parcel B Those parts of Lots 3 and 4 acquired by the City of Saint Paul for public street purposes (Fort Snelling Bridge Approach)by condemnation and deed described in the Warranty Deeds and condemnation certificate recorded in the office of the Register of Deeds of Ramsey County,Minnesota,in Books 547 of Deeds,Page 209,and 529 of Deeds,Page 463 and Book 60 of Miscellaneous,Page 416,respectively in Block 11,Homecroft an Addition to the City of St.Paul,Ramsey County,Minnesota. Parcel C Lot 5,Block 11,Homecroft an Addition to the City of St.Paul,Ramsey County, Minnesota. lying southeasterly of the following described line: Commencing at the Southwest corner of the Northeast Quarter of Section 21,Township 28 North,Range 23 West,Ramsey County,Minnesota;thence North 89 degrees 31 minutes 22 seconds East,assumed bearing,along the south line of said Northeast Quarter a distance of 204.15 feet;thence North 28 degrees 36 minutes 22 seconds East,37.76 feet; thence South 89 degrees 31 minutes 22 seconds West,215.43 feet to the point of beginning of the line to be described;thence North 42 degrees 37 minutes 05 seconds East,241.01 feet;thence North 50 degrees 39 minutes 18 seconds East,246.66 feet; thence North 63 degrees 30 minutes 59 seconds East,75.70 feet;thence North 47 degrees 22 minutes 22 seconds East, 104.42 feet;thence North 0 degrees 09 minutes 55 seconds West,3.76 feet;thence North 50 degrees 04 minutes 01 seconds East,52.04 feet;thence South 0 degrees 09 minutes 55 seconds East, 1.93 feet;thence North 49 degrees 48 minutes 42 seconds East,84.35 feet;thence North 52 degrees 39 minutes 39 seconds East, 102.95 feet to the northerly endpoint of the west line of Block 9,said Homecroft an Addition to the City of St.Paul,and there terminating. Page 2 of 2 II all• Al <<� It It II II It ., r1 ci' to 11 .. 11 s ,� 7� 9, - ,. t. ;f t. I t t t t I t a t • • 4 44 t I t a \ \'C 1 I I t 1 Stt �� V '.�— 1 i L_ �,l - �.----- M Enos t •. -cy`r.--- " -",- ,r--r-:.;:-"--"7-'-''.e. t V/ • • t \l `,-.!`-.20-.:01-•- - -`G f o : � 1 I II ._1 , � � :yam t (�i I I \ ` �s y E' 1 1 '} t Lee I I \\ \\ \\\ �-' Bey ` _.............— --• I--1 • I .. \ • `"tj •I \\\ \. I I I 1 \ , • 147e, t i\ •``„,..,9" _„,,,,-'-' �'G '..h..% M _le • re ...,N.k. ■ `o' 4ihrti° ... . , \ . „--- - • s ) I' \ 1 �b� ( 1 t• ■ y" w.c ;r�' .n ., {\ • 2(3,..: r t ��. � .a,`/ J , f m i t • �.d ® 'o ° t\ �. �„r ms -,n; \ \ 0.7 , � , \ \ �, .� \ ✓ \\ �n°.- a---moo.„•'- - t• ee/ 0 • • / \ 1 - • •'I- �" • .4 c, aeriromaa AL 13 3)01 I 1 c ea t a° ai \ 1 t t d t r..., 0 ... ■ \ NOTICE OF PUBLIC HEARING Notice is hereby given that the petition of the City of Saint Paul and the Housing and Redevelopment Authority to vacate parts of Blocks 10 and 11, Holmcroft Addition 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 24th day of September, 2003 at 5 : 30 P.M. Dated: September 2, 2003 Shari Moore Deputy City Clerk (September 4, 2003) SAINT PAUL Interdepartmental Memorandum CITY OF SAINT PAUL AAAA mow To: Shari Moore City Clerk's Office 170 City Hall From: Peter White Right of Way Engineer 140 City Hall Date: August 29, 2003 Subject: TMS Department Vacation File No. 06-2003 I recommend a public hearing before the City Council be held on September 24,2003 to consider a petition to vacate part of Blocks 10 and 11, Holmcroft Addition. The purpose of the vacation is to facilitate residential and commercial development of the area . This property is located in City Council District 3, Planning District 15. 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 September 4, 2003. (0603 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 SA 1 NT P A°L Norm Coleman, Mayor 4 AMA ill WialIME-111 September 8, 2003 To the Honorable Members of the Council of the City of Saint Paul MAYOR'S PETITION TO VACATE CITY-OWNED LANDS The City of Saint Paul hereby petitions to vacate City interest in certain City owned lands, described on the attached Exhibit A. CITY OF SAINT PAUL I , / Alf By A dlls2-w Ar. — ��4, acdthiimita I 318i. v STATE OF MINNESOTA The foregoing i strument was acknowledged before me this day of .J , 200 3 by 01Z.nh!1 N Flaher- COUNTY OF RAMSEY SS' 0 Mayor of the City of Saint Paul, a mupal corporation uns er the laws of the State of Minnesota. -Qil l'T I ii - Notary ubhc 9 - ■ E i510- A. KARPE NOTARY JEAN PUBLIC R -MINNESOTA ' My Comm.Expires Jan.31,2005 EXHIBIT A That part of Lot 1, Block 10, Homecroft an addition to the City of St. Paul, Ramsey County, Minnesota, described as follows: Beginning at the property line corner of West Seventh Street and Wheeler Street; thence run due south 100 feet; thence due west 80 feet; thence north to the property line of West Seventh Street; thence north by east to the property line on the corner of West Seventh Street and Wheeler Street; Which lies within a distance of 41 feet southeasterly of the following described line: From a point on the east and west quarter line of Section 21, Township 28 North, Range 23 West, distant 169.95 feet East of the center of said Section 21, run northeasterly at an angle of 60 degrees 59 minutes 55 seconds with said east and west quarter line for 318.02 feet; thence deflect to the left at an angle of 90 degrees 00 minutes for 12 feet to the point of beginning of the line to be described; thence deflect to the right at an angle of 90 degrees 00 minutes for 111.52 feet; thence deflect to the right at an angle of 21 degrees 32 minutes 33 seconds for 400 feet and there terminating. And which lies southeasterly of the following described line: Commencing at the Southwest corner of the Northeast Quarter of Section 21, Township 28 North, Range 23 West, Ramsey County, Minnesota; thence North 89 degrees 31 minutes 22 seconds East, assumed bearing, along the south line of said Northeast Quarter a distance of 204.15 feet; thence North 28 degrees 36 minutes 22 seconds East, 37.76 feet; thence South 89 degrees 31 minutes 22 seconds West, 215.43 feet to the point of beginning of the line to be described; thence North 42 degrees 37 minutes 05 seconds East, 241.01 feet; thence North 50 degrees 39 minutes 18 seconds East, 246.66 feet; thence North 63 degrees 30 minutes 59 seconds East, 75.70 feet; thence North 47 degrees 22 minutes 22 seconds East, 104.42 feet; thence North 0 degrees 09 minutes 55 seconds West, 3.76 feet; thence North 50 degrees 04 minutes 01 seconds East, 52.04 feet; thence South 0 degrees 09 minutes 55 seconds East, 1.93 feet; thence North 49 degrees 48 minutes 42 seconds East, 84.35 feet; thence North 52 degrees 39 minutes 39 seconds East, 102.95 feet to the northerly endpoint of the west line of Block 9, said Homecroft an Addition to the City of St. Paul, and there terminating. TOGETHER WITH: That part of the following described Parcels A, B. & C: Parcel A Lots 1 and 2, Block 10, Homecroft an Addition to the City of St. Paul, Ramsey County, Minnesota. EXCEPTING THEREFROM, That part of Lot 1, Block 10, Homecroft an addition to the City of St. Paul described as follows: Beginning at the property line corner of West Seventh Street and Wheeler Street; thence run due south 100 feet; thence due west 80 feet; thence north to the property line of West Seventh Street; thence north by east to the property line on the comer of West Seventh Street and Wheeler Street: Page 1 of 2 Which lies within a distance of 41 feet southeasterly of the following described line: From a point on the east and west quarter line of Section 21, Township 28 North, Range 23 West, distant 169.95 feet East of the center of said Section 21, run northeasterly at an angle of 60 degrees 59 minutes 55 seconds with said east and west quarter line for 318.02 feet; thence deflect to the left at an angle of 90 degrees 00 minutes for 12 feet to the point of beginning of the line to be described; thence deflect to the right at an angle of 90 degrees 00 minutes for 111.52 feet; thence deflect to the right at an angle of 21 degrees 32 minutes 33 seconds for 400 feet and there terminating. Parcel B Those parts of Lots 3 and 4 acquired by the City of Saint Paul for public street purposes (Fort Snelling Bridge Approach) by condemnation and deed described in the Warranty Deeds and condemnation certificate recorded in the office of the Register of Deeds of Ramsey County, Minnesota, in Books 547 of Deeds, Page 209, and 529 of Deeds, Page 463 and Book 60 of Miscellaneous, Page 416, respectively in Block 11, Homecroft an Addition to the City of St. Paul, Ramsey County, Minnesota. Parcel C Lot 5, Block 11, Homecroft an Addition to the City of St. Paul, Ramsey County, Minnesota. lying southeasterly of the following described line: Commencing at the Southwest corner of the Northeast Quarter of Section 21, Township 28 North, Range 23 West, Ramsey County, Minnesota; thence North 89 degrees 31 minutes 22 seconds East, assumed bearing, along the south line of said Northeast Quarter a distance of 204.15 feet; thence North 28 degrees 36 minutes 22 seconds East, 37.76 feet; thence South 89 degrees 31 minutes 22 seconds West, 215.43 feet to the point of beginning of the line to be described; thence North 42 degrees 37 minutes 05 seconds East, 241.01 feet; thence North 50 degrees 39 minutes 18 seconds East, 246.66 feet; thence North 63 degrees 30 minutes 59 seconds East, 75.70 feet; thence North 47 degrees 22 minutes 22 seconds East, 104.42 feet; thence North 0 degrees 09 minutes 55 seconds West, 3.76 feet; thence North 50 degrees 04 minutes 01 seconds East, 52.04 feet; thence South 0 degrees 09 minutes 55 seconds East, 1.93 feet; thence North 49 degrees 48 minutes 42 seconds East, 84.35 feet; thence North 52 degrees 39 minutes 39 seconds East, 102.95 feet to the northerly endpoint of the west line of Block 9, said Homecroft an Addition to the City of St. Paul, and there terminating. 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