03-1113 (2) Return copy to: (e.c.) Council File# 3—//
Real Estate Division
140 City Hall Green Sheet#240,7f
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented By
Referred To Committee: Date
1 BE IT RESOLVED,that, upon the petition of the City of Saint Paul on behalf of the Department of
2 Parks and Recreation, as documented in Real Estate Division File Number 27-2002, public properties
3 hereinafter described are hereby vacated and discontinued as public property:
4 The property to be vacated is described as follows:
5 Parcel 1. That part of Winifred Street lying northwesterly of the northwest right-of-way line of Ada
6 Street and southeasterly of a line 33.00 feet southeasterly of and parallel to the southeast
7 right-of-way line of vacated State Street; and also
8 Parcel 2. That certain right-of-way dedicated for cul-de-sac and lying within the following
9 described line:
10 Commencing at the most northerly corner of Lot 5, Block 15, Bell's Addition; thence
11 southeasterly along the northeast line of the said Block 15 a distance of 33.00 feet to the
12 point of beginning; thence continuing southeasterly along the said northeast line a
13 distance of 52.00 feet; thence southwesterly along a line perpendicular to the said
14 northeast line a distance of 8.00 feet; thence northwesterly along a line 8.00 feet
15 southwesterly of and parallel to the said northeast line a distance of 52.00 feet; thence
16 northeasterly along a line perpendicular to the said northeast line a distance of 8.00 feet to
17 the point of beginning and there terminating.
18 BE IT FURTHER RESOLVED,that, subject to the herein stated exceptions and with the
19 accompanying Utility Easement Certificates of Intended Non-Use, filed voluntarily on behalf of Qwest
20 Corporation,Northern States Power Company, d.b.a. Xcel Energy, District Energy and Cooling St. Paul,
21 Incorporated, MCI Worldcom, Comcast of Saint Paul, Inc., Saint Paul Regional Water Services, and the
22 Department of Public Works, made a part hereof by this reference and filed in the office of the City
23 Clerk of Saint Paul,the City, for itself and on behalf of these corporations and departments, waives the
24 right to the utility easements in the vacated area described above.
25 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the
26 Saint Paul Legislative Code as amended, and to the following conditions:
27 1. That a 40.00 foot easement on, over, under and across the vacated Winifred Street described
28 above in Parcel 1. centered on the center line of the vacated street, shall be retained on behalf of
29 the City of Saint Paul, Department of Public Works to reserve the right of the City to maintain
30 and operate any sewer in or upon said easement and to enter upon said easement or any portion
31 thereof at any time and from time to time, for the purposes of future construction, reconstruction,
32 inspecting, maintaining or repairing the same or any part thereof Any development or use of the
33 property shall be subject to the following conditions:
—//.t3
1 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any
2 other objects that will prohibit normal access to utility facilities for maintenance purposes
3 will be permitted within the easement area.
4 b. Improvements in or upon the above described easement that do not prohibit the City from
5 exercising its reserved rights may be allowed by obtaining written permission from the
6 Department of Public Works Sewer Division with the understanding that the restoration
7 and costs of such improvements shall be the sole responsibility of the petitioner, its
8 successors and assigns in the event the City exercises its reserved easement rights.
9 c. No change from the existing grade within the easement area will be permitted without
10 written permission from the Department of Public Works.
11 d. No change in surfacing within the easement area will be permitted without written
12 permission from the Department of Public Works.
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 2. That, the petitioner shall dedicate to the Saint Paul Regional Water Services, such alternate
20 permanent water utility easement as may be required to maintain and operate any water facility
21 in, on or upon said easement, and to enter upon said easement or any portion thereof at any time,
22 and from time to time for the purposes of future construction, reconstruction, inspection,
23 maintenance or repair of the same or any part thereof The said utility easement shall be subject
24 to the following restrictions:
25 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or
26 other object that may prohibit normal access to water facilities for maintenance purposes
27 will be permitted within the easement area.
28 b. With written permission from the Saint Paul Regional Water Services, improvements in
29 or upon the above described easement that do not prohibit or limit the full and free
30 exercise by the Saint Paul Regional Water Services of its reserved rights may be allowed,
31 with the understanding that the restoration and costs of such improvements, should the
32 Water Services exercise its easement rights, shall be the sole responsibility of the fee
33 owner, its successors and assigns.
34 c. Should it be necessary that the petitioner's works or improvements be removed, or should
35 the said works or improvements be damaged as a result of the Saint Paul Regional Water
36 Services' operations, all removal, replacement or modification costs shall be borne solely
37 by the petitioner.
38 d. No change from the existing grade within the easement shall be permitted without written
39 permission from the Saint Paul Regional Water Services.
13-//43
1 e. No change in surfacing within the easement area shall be permitted without written
2 permission from the Saint Paul Regional Water Services.
3 f. The petitioner, its successors and assigns shall fully indemnify, defend and save harmless
4 the Board of Water Commissioners of the City of Saint Paul, its officers, agents,
5 employees, and servants from all suits, actions or claims that shall arise from any injuries
6 or damages received or sustained by any break in any service pipe, water main, or
7 connection in said reserved easement, arising out of or resulting from any action or
8 negligence of the petitioner, its employees, agents or business invitees.
9 3. That a permanent utility easement, northeasterly of a line 10.00 feet northeasterly of the
10 southwest right-of-way line of Winifred Street hereby vacated, shall be retained to protect the
11 interest of Northern States Power Company, d.b.a. Xcel Energy, Gas Division.
12 4. That,this vacation and release of easements shall not diminish Comcast of Saint Paul, Inc.'s
13 easement rights within the Ada Street right-of-way, and, should relocation of its facilities be
14 required, the petitioner shall dedicate suitable new easements as may be required and shall bear
15 the full cost of said relocation.
16 BE IT FURTHER RESOLVED,that this resolution shall not be filed with Ramsey County, nor shall
17 the right-of-way herein described be vacated, nor shall any utility easements within the said right-of-way
18 be released unless and until the City of Saint Paul and the Public Housing Agency of the City of Saint
19 Paul have dedicated cross-easements and have negotiated and executed a maintenance agreement setting
20 forth their respective rights and responsibilities in the said right-of-way.
21
22
Yeas Nays Absent
Benanav ✓ Requested by Department of:
Blakey Technolory& Management Services
Bostrom ✓ �,
Coleman
Harris By:
Lantry ✓ �1 ire for
I :Reiter /4/d<-4 .✓ Form Approved by City Attorney
4 I t� I i / .
Adopted by Council: Date �r'i!. /7, .a/,1D By: A 4
Adoption C ified by Council Secretary
By: di '_ a ppr• d by Mayor for Sub .. o Coun
Approv:: � .yor: Date _ 7 r
' [�
i y: At
Return copy to: (e.c.) Council File # 46t3—//4
Real Estate Division
140 City Hall Green Sheet#2 ?5779
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented By
Referred To Committee: Date
1 BE IT RESOLVED,that, upon the petition of the City of Saint Paul on behalf of the Department of
2 Parks and Recreation, as documented in Real Estate Division File Number 27-2002, public properties
3 hereinafter described are hereby vacated and discontinued as public property:
4 The property to be vacated is described as follows:
5 Parcel 1. That part of Winifred Street lying northwesterly of the northwest right-of-way line of Ada
6 Street and southeasterly of a line 33.00 feet southeasterly of and parallel to the southeast
7 right-of-way line of vacated State Street; and also
8 Parcel 2. That certain right-of-way dedicated for cul-de-sac and lying within the following
9 described line:
10 Commencing at the most northerly corner of Lot 5, Block 15, Bell's Addition; thence
11 southeasterly along the northeast line of the said Block 15 a distance of 33.00 feet to the
12 point of beginning; thence continuing southeasterly along the said northeast line a
13 distance of 52.00 feet; thence southwesterly along a line perpendicular to the said
14 northeast line a distance of 8.00 feet; thence northwesterly along a line 8.00 feet
15 southwesterly of and parallel to the said northeast line a distance of 52.00 feet; thence
16 northeasterly along a line perpendicular to the said northeast line a distance of 8.00 feet to
17 the point of beginning and there terminating.
18 BE IT FURTHER RESOLVED, that, subject to the herein stated exceptions and with the
19 accompanying Utility Easement Certificates of Intended Non-Use, filed voluntarily on behalf of Qwest
20 Corporation,Northern States Power Company, d.b.a. Xcel Energy, District Energy and Cooling St. Paul,
21 Incorporated, MCI Worldcom, Comcast of Saint Paul, Inc., Saint Paul Regional Water Services, and the
22 Department of Public Works, made a part hereof by this reference and filed in the office of the City
23 Clerk of Saint Paul, the City, for itself and on behalf of these corporations and departments, waives the
24 right to the utility easements in the vacated area described above.
25 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the
26 Saint Paul Legislative Code as amended, and to the following conditions:
27 1. That a 40.00 foot easement on, over, under and across the vacated Winifred Street described
28 above in Parcel 1. centered on the center line of the vacated street, shall be retained on behalf of
29 the City of Saint Paul, Department of Public Works to reserve the right of the City to maintain
30 and operate any sewer in or upon said easement and to enter upon said easement or any portion
31 thereof at any time and from time to time, for the purposes of future construction, reconstruction,
32 inspecting, maintaining or repairing the same or any part thereof. Any development or use of the
33 property shall be subject to the following conditions:
1 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any
2 other objects that will prohibit normal access to utility facilities for maintenance purposes
3 will be permitted within the easement area.
4 b. Improvements in or upon the above described easement that do not prohibit the City from
5 exercising its reserved rights may be allowed by obtaining written permission from the
6 Department of Public Works Sewer Division with the understanding that the restoration
7 and costs of such improvements shall be the sole responsibility of the petitioner, its
8 successors and assigns in the event the City exercises its reserved easement rights.
9 c. No change from the existing grade within the easement area will be permitted without
10 written permission from the Department of Public Works.
11 d. No change in surfacing within the easement area will be permitted without written
12 permission from the Department of Public Works.
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 2. That, the petitioner shall dedicate to the Saint Paul Regional Water Services, such alternate
20 permanent water utility easement as may be required to maintain and operate any water facility
21 in, on or upon said easement, and to enter upon said easement or any portion thereof at any time,
22 and from time to time for the purposes of future construction, reconstruction, inspection,
23 maintenance or repair of the same or any part thereof The said utility easement shall be subject
24 to the following restrictions:
25 a. No buildings, structures,trees or any temporary structure, material storage, fixture, or
26 other object that may prohibit normal access to water facilities for maintenance purposes
27 will be permitted within the easement area.
28 b. With written permission from the Saint Paul Regional Water Services, improvements in
29 or upon the above described easement that do not prohibit or limit the full and free
30 exercise by the Saint Paul Regional Water Services of its reserved rights may be allowed,
31 with the understanding that the restoration and costs of such improvements, should the
32 Water Services exercise its easement rights, shall be the sole responsibility of the fee
33 owner, its successors and assigns.
34 c. Should it be necessary that the petitioner's works or improvements be removed, or should
35 the said works or improvements be damaged as a result of the Saint Paul Regional Water
36 Services' operations, all removal, replacement or modification costs shall be borne solely
37 by the petitioner.
38 d. No change from the existing grade within the easement shall be permitted without written
39 permission from the Saint Paul Regional Water Services.
13-�i,C3
1 e. No change in surfacing within the easement area shall be permitted without written
2 permission from the Saint Paul Regional Water Services.
3 f. The petitioner, its successors and assigns shall fully indemnify, defend and save harmless
4 the Board of Water Commissioners of the City of Saint Paul, its officers, agents,
5 employees, and servants from all suits, actions or claims that shall arise from any injuries
6 or damages received or sustained by any break in any service pipe, water main, or
7 connection in said reserved easement, arising out of or resulting from any action or
8 negligence of the petitioner, its employees, agents or business invitees.
9 3. That a permanent utility easement, northeasterly of a line 10.00 feet northeasterly of the
10 southwest right-of-way line of Winifred Street hereby vacated, shall be retained to protect the
11 interest of Northern States Power Company, d.b.a. Xcel Energy, Gas Division.
12 4. That, this vacation and release of easements shall not diminish Comcast of Saint Paul, Inc.'s
13 easement rights within the Ada Street right-of-way, and, should relocation of its facilities be
14 required, the petitioner shall dedicate suitable new easements as may be required and shall bear
15 the full cost of said relocation.
16 BE IT FURTHER RESOLVED,that this resolution shall not be filed with Ramsey County, nor shall
17 the right-of-way herein described be vacated, nor shall any utility easements within the said right-of-way
18 be released unless and until the City of Saint Paul and the Public Housing Agency of the City of Saint
19 Paul have dedicated cross-easements and have negotiated and executed a maintenance agreement setting
20 forth their respective rights and responsibilities in the said right-of-way.
21
22
Yeas Nays Absent
Benanav ✓ 1 Requested by Department of:
Blakey ✓ Technology& Management Services
Bostrom ✓ r
Coleman ✓
Harris ✓ By: 1, V-- .
Lantry •--- \ 4 Di r'e CTO r
I e-to ft/ en I .� Form Approved by City Attorney '
Adopted by Council: Date ilry.. /7 .-,lD13 By: 4 '
Adoption Cr ified by Council Secretary
By: L/' . _ f/ A ppr• d by Mayor for Sub Zt iq. o Co c
Approv-: �i .yor: Date • _ '7 r v
By: ‘' 11�� ��� B �''dc,/`'" / //� /(
; i y�r _/'
NOTICE OF PUBLIC HEARING
Notice is hereby given that the petition of the City of Saint Paul to vacate that part of Winifred
Street,northeasterly of Ada Street, 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 17th day of December, 2003 at 5:30 P.M.
Dated: November 24, 2003
Shari Moore
Deputy City Clerk
(November 28, 2003)
5�
P Interdepartmental Memorandum
4 CITY OF SAINT PAUL
AAAA
To: Shari Moore
City Clerk's Office
170 City Hall
From: Peter White
Right of Way Engineer
140 City Hall
Date: November 24, 2003
Subject: TMS Department Vacation File No. 27-2002
I recommend a public hearing before the City Council be held on December 17, 2003 to consider
a petition to vacate part of Winifred Street lying northeasterly of Ada Street.
The purpose of the vacation is to accommodate the expansion of the Neighborhood House facility.
This property is located in City Council District 2, Planning District 3.
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 November 27,2003.
(2702date)
- Department of Technology and Management Services
Real Estate Division
140 City Hall Phone: (651) 266-8850
Saint Paul, MN 55102 Fax: (651) 266-8855
‘,-
,11N1 CITY OF SAINT PAUL
P 1" I Randy Kelly, Mayor
MIA
October 13, 2003
To the Honorable Members of the
Council of the City of Saint Paul
PETITION TO VACATE RIGHT-OF-WAY EASEMENT
Contingent upon the execution by the City of Saint Paul and the Public Housing Agency of the City of Saint
Paul of easements for reciprocal access across the City's vacated right-of-way, the signatories hereto, on behalf
of the Public Housing Agency of the City of Saint Paul, owner of abutting property, hereby petition the City to
vacate all right-of-way interest in the following lands:
Parcel 1. That part of Winifred Street lying northwesterly of the northwest right-of-way line of Ada Street
and southeasterly of a line 33.00 feet southeasterly of and parallel to the southeast right-of-way
line of vacated State Street; and also
Parcel 2. That certain right-of-way lying within the following described line:
Commencing at the most northerly corner of Lot 5, Block 15, Bell's Addition; thence
southeasterly along the northeast line of the said Block 15 a distance of 33.00 feet to the point of
beginning; thence continuing southeasterly along the said northeast line a distance of 52.00 feet;
thence southwesterly along a line perpendicular to the said northeast line a distance of 8.00 feet;
thence northwesterly along a line 8.00 feet southwesterly of and parallel to the said northeast line
a distance of 52.00 feet; thence northeasterly along a line perpendicular to the said northeast line
a distance of 8.00 feet to the point of beginning and there terminating.
and dedicated for cul-de-sac by the instrument dated December 30, 1969 and filed as Document Numbers
1771160 and 247650.
Public Housing Agency
of the City of Saint Paul By
Its ?S eC • p t('o r—
7 CV
,014% CJ�;