03-997 (2) Return copy to: (e.c.) Council File# 03'- t
Real Estate Division
140 City Hall Green Sheet#),C4 1-13
RESOL •TI9N
C TY • SAINT 'Ac r MINNESOTA
Presented By
Referred To Committee: Date
1 BE IT RESOLVED,that, upon the petition of State of Minnesota, as documented in Real Estate
2 Division File Number 24-2002, public properties hereinafter described are hereby vacated and
3 discontinued as public property:
4 The property to be vacated is described as follows:
5 Parcel 1. That part of Minnesota Street lying northwesterly of Twelfth Street and southeasterly of
6 Columbus Avenue; and
7 Parcel 2. That part of Columbus Avenue lying northeasterly of Cedar Street and Southwesterly of
8 Robert Street; and
9 Parcel 3. That part of East Central Park lying northwesterly of Columbus Avenue and southeasterly of
10 Constitution Avenue.
11 BE IT FURTHER RESOLVED,that, subject to the herein stated exceptions and with the
12 accompanying Utility Easement Certificates of Intended Non-Use, filed voluntarily on behalf of District
13 Energy St. Paul, Inc., and District Cooling St. Paul, Inc., and MCI Network Services, Inc., made a part
14 hereof by this reference and filed in the office of the City Clerk of Saint Paul, the City, for itself and on
15 behalf of these corporations, waives the right to the utility easements in the vacated area described
16 above.
17 BE IT FURTHER RESOLVED, that,
18 except that, with the accompanying Utility Easement Certificate of Intended Non-Use, filed voluntarily
19 on behalf of the Department of Public Works, made a part hereof by this reference and filed in the office
20 of the City Clerk of Saint Paul, the City for itself and on behalf of the said Department of Public Works,
21 waives the right to the utility easements in the vacated area described in the attached Exhibit A,
22 a permanent utility easement shall be retained on, over, under and across the vacated area on behalf of
23 the City of Saint Paul, Department of Public Works to reserve the right of the City to maintain and
24 operate any sewer in or upon said easement and to enter upon said easement or any portion thereof at any
25 time and from time to time, for the purposes of future construction, reconstruction, inspecting,
26 maintaining or repairing the same or any part thereof Any development or use of the property shall be
27 subject to the following conditions:
28 1. No buildings, structures, trees or any temporary structure, material storage, fixture, or any other
29 objects that will prohibit normal access to utility facilities for maintenance purposes will be
30 permitted within the easement area.
03 - 997
1 2. Improvements in or upon the above described easement that do not prohibit the City from
2 exercising its reserved rights may be allowed by obtaining written permission from the
3 Department of Public Works Sewer Division with the understanding that the restoration and
4 costs of such improvements shall be the sole responsibility of the petitioner, its successors and
5 assigns in the event the City exercises its reserved easement rights.
6 3. No change from the existing grade within the easement area will be permitted without written
7 permission from the Department of Public Works.
8 4. No change in surfacing within the easement area will be permitted without written permission
9 from the Department of Public Works.
10 5. Each party will be responsible for its own acts and the results thereof to the extent authorized by
11 law and shall not be responsible for the act of any others and the results thereof. The Petitioner's
12 liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota
13 Statutes, Section 3.736.
14 BE IT FURTHER RESOLVED,that,
15 except that with the accompanying Utility Easement Certificate of Intended Non-Use, filed voluntarily
16 on behalf of the Saint Paul Regional Water Services, made a part hereof by this reference and filed in the
17 office of the City Clerk of Saint Paul, the City for itself and on behalf of the said Saint Paul Regional
18 Water Services, waives the right to the utility easements in the vacated area described in the attached
19 Exhibit B,
20 on behalf of the Board of Water Commissioners of the City of Saint Paul, a permanent utility easement
21 shall be retained on, over, under and across the vacated area to reserve the right of the Board to maintain
22 and operate any water facility in, on or upon said easement, and to enter upon said easement or any
23 portion thereof at any time, and from time to time for the purposes of future construction, reconstruction,
24 inspection, maintenance or repair of the same or any part thereof The said utility easement shall be
25 subject to the following restrictions:
26 1. No buildings, structures, trees or any temporary structure, material storage, fixture, or other
27 object that may prohibit normal access to water facilities for maintenance purposes will be
28 permitted within the easement area.
29 2. With written permission from the Saint Paul Regional Water Services, improvements in or upon
30 the above described easement that do not prohibit or limit the full and free exercise by the Saint
31 Paul Regional Water Services of its reserved rights may be allowed, with the understanding that
32 the restoration and costs of such improvements, should the Water Services exercise its easement
33 rights, shall be the sole responsibility of the fee owner, its successors and assigns.
34 3. Should it be necessary that the petitioner's works or improvements be removed, or should the
35 said works or improvements be damaged as a result of the Saint Paul Regional Water Services'
36 operations, all removal, replacement or modification costs shall be borne solely by the petitioner.
37 4. No change from the existing grade within the easement shall be permitted without written
38 permission from the Saint Paul Regional Water Services.
39 5. No change in surfacing within the easement area shall be permitted without written permission
40 from the Saint Paul Regional Water Services.
03 - 997
1 6. The release of the easement in Columbus Avenue shall not become effective until the facilities
2 now in that easement have been relocated. The petitioner shall complete the earthwork required
3 for relocation.
4 7. Each party will be responsible for its own acts and the results thereof to the extent authorized by
5 law and shall not be responsible for the act of any others and the results thereof The Petitioner's
6 liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota
7 Statutes, Section 3.736.
8 BE IT FURTHER RESOLVED,that:
9 except that with the accompanying Utility Easement Certificate of Intended Non-Use, filed voluntarily
10 on behalf of the Northern States Power Company, dba Xcel Energy, made a part hereof by this reference
11 and filed in the office of the City Clerk of Saint Paul, the City for itself and on behalf of the said
12 Northern States Power Company d.b.a. Xcel Energy, waives the right to the utility easements in the
13 vacated area described in the attached Exhibit C,
14 a permanent utility easement shall be retained on, over, under and across the vacated area on behalf of
15 Northern States Power Company, d.b.a. Xcel Energy, to reserve the right of the said Northern States
16 Power Company to maintain and operate any electric service facilities in or upon said easement and to
17 enter upon said easement or any portion thereof at any time and from time to time, for the purposes of
18 future construction, reconstruction, inspecting, maintaining or repairing the same or any part thereof.
19 BE IT FURTHER RESOLVED,that:
20 except that, with the accompanying Utility Easement Certificate of Intended Non-Use, filed voluntarily
21 on behalf of the Qwest Corporation, made a part hereof by this reference and filed in the office of the
22 City Clerk of Saint Paul, the City for itself and on behalf of the said Qwest Corporation, waives the right
23 to the utility easements in the vacated area described in the attached Exhibit D, and
24 except that said Qwest Corporation will permit the State to construct a stairway, subject to review and
25 approval of the structural design of the stairway, in that part of Columbus Avenue lying within the
26 following described line:
27 Commencing at the intersection of the west right-of-way line of Robert Street as it exists today and the
28 North boundary line of Block 5, Central Park Addition, Ramsey County, the point of beginning; thence
29 westerly along the North boundary line of Block 5, Central Park Addition, Ramsey County,to a point 55
30 feet West of the west right-of-way line of said Robert Street; thence northerly along a line 55 feet distant
31 from and parallel to the west right-of-way line of said Robert Street a distance of 25 feet; thence easterly
32 along a line 25 feet distant from and parallel to the North boundary line of Block 5, Central Park
33 Addition to the point of intersection with the west right-of-way line of said Robert Street; thence
34 southeasterly along the west right-of-way line of said Robert Street to the point of beginning,
35 a permanent utility easement shall be retained on, over, under and across the vacated area on behalf of
36 the Qwest Corporation to reserve the right of the Qwest Corporation to maintain and operate its facilities
37 in or upon said easement and to enter upon said easement or any portion thereof at any time and from
38 time to time, for the purposes of future construction, reconstruction, inspecting, maintaining or repairing
39 the same or any part thereof
40
41
•
D3 - 9T1
1 BE IT FURTHER RESOLVED,that
2 except that, with the accompanying Utility Easement Certificate of Intended Non-Use, filed voluntarily
3 on behalf of the Comcast of St. Paul, Inc., made a part hereof by this reference and filed in the office of
4 the City Clerk of Saint Paul, the City for itself and on behalf of the said Comcast of Saint Paul, Inc.
5 waives the right to the utility easements in the vacated area described in the attached Exhibit E,
6 a permanent utility easement shall be retained on, over, under and across the vacated area on behalf of
7 the Comcast of St. Paul, Inc. to reserve the right of the said Comcast of St. Paul, Inc. to maintain and
8 operate its facilities in or upon said easement and to enter upon said easement or any portion thereof at
9 any time and from time to time, for the purposes of future construction, reconstruction, inspecting,
10 maintaining or repairing the same or any part thereof.
11 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the
12 Saint Paul Legislative Code as amended, and to the following conditions:
13 1. That the petitioner's, their successors and assigns shall pay$2,000.00 as an administrative fee for
14 this vacation which is due and payable within 60 days of the effective date of this resolution.
15 2. That, if necessary, new permanent utility easements at locations mutually agreed upon shall be
16 dedicated in favor of Northern States Power Company, d.b.a. Xcel Energy. And that the
17 petitioner shall reimburse Northern States Power Company for the cost of relocating its facilities
18 3. That, if necessary, new permanent utility easements at locations mutually agreed upon shall be
19 dedicated in favor of the Qwest Corporation. And that the petitioner shall reimburse the Qwest
20 Corporation for the cost of relocating its facilities
21 4. Notwithstanding Chapter 130, codified March 1st, 1981, of the Saint Paul Legislative Code as
22 amended, the Petitioner and the City of Saint Paul agree that each party will be responsible for its
23 own acts and the results thereof to the extent authorized by law and shall not be responsible for
24 the act of any others and the results thereof. The Petitioner's liability shall be governed by the
25 provisions of the Minnesota Tort Claims Act, Minnesota Statutes, Section 3.736.
26 5. That the petitioners,their successors and assigns shall, within 60 days of the effective date of this
27 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution
28 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in
29 all respects with these terms and conditions.
Yeas Nays Absent
Benanav Requested by Department of:
Blakey ,i Technology& Management Services
Bostrom
Coleman ✓ [ _
Harris By: ( Ci L' � Cs=z-
Lantry ` / Director
er ( Form Approved by City Attorney
/
Adopted by Council: Date /%5 D.3 By: _.4 ��
Adoption Ce 'ed by Council Secretary
By: AIR/ , p -. ayor for S-6bm': ion ► "C un
Approved . L 1 or: Date
By: A �� ' L � ,!-
/ '
/ a
Return copy to: (e.c.) Council File# 03'g b r
Real Estate Division
140 City Hall 7 Green Sheet#),C-\-13
RESOL .TI a N
C TY y. SAINT 'Ac , MINNESOTA G7
Presented By
Referred To Committee: Date
1 BE IT RESOLVED,that, upon the petition of State of Minnesota, as documented in Real Estate
2 Division File Number 24-2002, public properties hereinafter described are hereby vacated and
3 discontinued as public property:
4 The property to be vacated is described as follows:
5 Parcel 1. That part of Minnesota Street lying northwesterly of Twelfth Street and southeasterly of
6 Columbus Avenue; and
7 Parcel 2. That part of Columbus Avenue lying northeasterly of Cedar Street and Southwesterly of
8 Robert Street; and
9 Parcel 3. That part of East Central Park lying northwesterly of Columbus Avenue and southeasterly of
10 Constitution Avenue.
11 BE IT FURTHER RESOLVED,that, subject to the herein stated exceptions and with the
12 accompanying Utility Easement Certificates of Intended Non-Use, filed voluntarily on behalf of District
13 Energy St. Paul, Inc., and District Cooling St. Paul, Inc., and MCI Network Services, Inc., made a part
14 hereof by this reference and filed in the office of the City Clerk of Saint Paul, the City, for itself and on
15 behalf of these corporations, waives the right to the utility easements in the vacated area described
16 above.
17 BE IT FURTHER RESOLVED,that,
18 except that, with the accompanying Utility Easement Certificate of Intended Non-Use, filed voluntarily
19 on behalf of the Department of Public Works, made a part hereof by this reference and filed in the office
20 of the City Clerk of Saint Paul, the City for itself and on behalf of the said Department of Public Works,
21 waives the right to the utility easements in the vacated area described in the attached Exhibit A,
22 a permanent utility easement shall be retained on, over, under and across the vacated area on behalf of
23 the City of Saint Paul, Department of Public Works to reserve the right of the City to maintain and
24 operate any sewer in or upon said easement and to enter upon said easement or any portion thereof at any
25 time and from time to time, for the purposes of future construction, reconstruction, inspecting,
26 maintaining or repairing the same or any part thereof. Any development or use of the property shall be
27 subject to the following conditions:
28 1. No buildings, structures, trees or any temporary structure, material storage, fixture, or any other
29 objects that will prohibit normal access to utility facilities for maintenance purposes will be
30 permitted within the easement area.
O3 - 997
1 2. Improvements in or upon the above described easement that do not prohibit the City from
2 exercising its reserved rights may be allowed by obtaining written permission from the
3 Department of Public Works Sewer Division with the understanding that the restoration and
4 costs of such improvements shall be the sole responsibility of the petitioner, its successors and
5 assigns in the event the City exercises its reserved easement rights.
6 3. No change from the existing grade within the easement area will be permitted without written
7 permission from the Department of Public Works.
8 4. No change in surfacing within the easement area will be permitted without written permission
9 from the Department of Public Works.
10 5. Each party will be responsible for its own acts and the results thereof to the extent authorized by
11 law and shall not be responsible for the act of any others and the results thereof. The Petitioner's
12 liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota
13 Statutes, Section 3.736.
14 BE IT FURTHER RESOLVED,that,
15 except that with the accompanying Utility Easement Certificate of Intended Non-Use, filed voluntarily
16 on behalf of the Saint Paul Regional Water Services, made a part hereof by this reference and filed in the
17 office of the City Clerk of Saint Paul, the City for itself and on behalf of the said Saint Paul Regional
18 Water Services, waives the right to the utility easements in the vacated area described in the attached
19 Exhibit B,
20 on behalf of the Board of Water Commissioners of the City of Saint Paul, a permanent utility easement
21 shall be retained on, over, under and across the vacated area to reserve the right of the Board to maintain
22 and operate any water facility in, on or upon said easement, and to enter upon said easement or any
23 portion thereof at any time, and from time to time for the purposes of future construction, reconstruction,
24 inspection, maintenance or repair of the same or any part thereof. The said utility easement shall be
25 subject to the following restrictions:
26 1. No buildings, structures, trees or any temporary structure, material storage, fixture, or other
27 object that may prohibit normal access to water facilities for maintenance purposes will be
28 permitted within the easement area.
29 2. With written permission from the Saint Paul Regional Water Services, improvements in or upon
30 the above described easement that do not prohibit or limit the full and free exercise by the Saint
31 Paul Regional Water Services of its reserved rights may be allowed, with the understanding that
32 the restoration and costs of such improvements, should the Water Services exercise its easement
33 rights, shall be the sole responsibility of the fee owner, its successors and assigns.
34 3. Should it be necessary that the petitioner's works or improvements be removed, or should the
35 said works or improvements be damaged as a result of the Saint Paul Regional Water Services'
36 operations, all removal, replacement or modification costs shall be borne solely by the petitioner.
37 4. No change from the existing grade within the easement shall be permitted without written
38 permission from the Saint Paul Regional Water Services.
39 5. No change in surfacing within the easement area shall be permitted without written permission
40 from the Saint Paul Regional Water Services.
03 - 991
1 6. The release of the easement in Columbus Avenue shall not become effective until the facilities
2 now in that easement have been relocated. The petitioner shall complete the earthwork required
3 for relocation.
4 7. Each party will be responsible for its own acts and the results thereof to the extent authorized by
5 law and shall not be responsible for the act of any others and the results thereof The Petitioner's
6 liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota
7 Statutes, Section 3.736.
8 BE IT FURTHER RESOLVED,that:
9 except that with the accompanying Utility Easement Certificate of Intended Non-Use, filed voluntarily
10 on behalf of the Northern States Power Company, dba Xcel Energy, made a part hereof by this reference
11 and filed in the office of the City Clerk of Saint Paul, the City for itself and on behalf of the said
12 Northern States Power Company d.b.a. Xcel Energy, waives the right to the utility easements in the
13 vacated area described in the attached Exhibit C,
14 a permanent utility easement shall be retained on, over, under and across the vacated area on behalf of
15 Northern States Power Company, d.b.a. Xcel Energy, to reserve the right of the said Northern States
16 Power Company to maintain and operate any electric service facilities in or upon said easement and to
17 enter upon said easement or any portion thereof at any time and from time to time, for the purposes of
18 future construction, reconstruction, inspecting, maintaining or repairing the same or any part thereof.
19 BE IT FURTHER RESOLVED,that:
20 except that, with the accompanying Utility Easement Certificate of Intended Non-Use, filed voluntarily
21 on behalf of the Qwest Corporation, made a part hereof by this reference and filed in the office of the
22 City Clerk of Saint Paul, the City for itself and on behalf of the said Qwest Corporation, waives the right
23 to the utility easements in the vacated area described in the attached Exhibit D, and
24 except that said Qwest Corporation will permit the State to construct a stairway, subject to review and
25 approval of the structural design of the stairway, in that part of Columbus Avenue lying within the
26 following described line:
27 Commencing at the intersection of the west right-of-way line of Robert Street as it exists today and the
28 North boundary line of Block 5, Central Park Addition, Ramsey County, the point of beginning; thence
29 westerly along the North boundary line of Block 5, Central Park Addition, Ramsey County, to a point 55
30 feet West of the west right-of-way line of said Robert Street; thence northerly along a line 55 feet distant
31 from and parallel to the west right-of-way line of said Robert Street a distance of 25 feet; thence easterly
32 along a line 25 feet distant from and parallel to the North boundary line of Block 5, Central Park
33 Addition to the point of intersection with the west right-of-way line of said Robert Street; thence
34 southeasterly along the west right-of-way line of said Robert Street to the point of beginning,
35 a permanent utility easement shall be retained on, over, under and across the vacated area on behalf of
36 the Qwest Corporation to reserve the right of the Qwest Corporation to maintain and operate its facilities
37 in or upon said easement and to enter upon said easement or any portion thereof at any time and from
38 time to time, for the purposes of future construction, reconstruction, inspecting, maintaining or repairing
39 the same or any part thereof
40
41
03 - 997
1 BE IT FURTHER RESOLVED,that
2 except that, with the accompanying Utility Easement Certificate of Intended Non-Use, filed voluntarily
3 on behalf of the Comcast of St. Paul, Inc., made a part hereof by this reference and filed in the office of
4 the City Clerk of Saint Paul, the City for itself and on behalf of the said Comcast of Saint Paul, Inc.
5 waives the right to the utility easements in the vacated area described in the attached Exhibit E,
6 a permanent utility easement shall be retained on, over, under and across the vacated area on behalf of
7 the Comcast of St. Paul, Inc. to reserve the right of the said Comcast of St. Paul, Inc. to maintain and
8 operate its facilities in or upon said easement and to enter upon said easement or any portion thereof at
9 any time and from time to time, for the purposes of future construction, reconstruction, inspecting,
10 maintaining or repairing the same or any part thereof
11 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the
12 Saint Paul Legislative Code as amended, and to the following conditions:
13 1. That the petitioner's,their successors and assigns shall pay $2,000.00 as an administrative fee for
14 this vacation which is due and payable within 60 days of the effective date of this resolution.
15 2. That, if necessary, new permanent utility easements at locations mutually agreed upon shall be
16 dedicated in favor of Northern States Power Company, d.b.a. Xcel Energy. And that the
17 petitioner shall reimburse Northern States Power Company for the cost of relocating its facilities
18 3. That, if necessary, new permanent utility easements at locations mutually agreed upon shall be
19 dedicated in favor of the Qwest Corporation. And that the petitioner shall reimburse the Qwest
20 Corporation for the cost of relocating its facilities
21 4. Notwithstanding Chapter 130, codified March 1st, 1981, of the Saint Paul Legislative Code as
22 amended, the Petitioner and the City of Saint Paul agree that each party will be responsible for its
23 own acts and the results thereof to the extent authorized by law and shall not be responsible for
24 the act of any others and the results thereof The Petitioner's liability shall be governed by the
25 provisions of the Minnesota Tort Claims Act, Minnesota Statutes, Section 3.736.
26 5. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this
27 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution
28 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in
29 all respects with these terms and conditions.
Yeas Nays Absent
Benanav ✓ Requested by Department of:
Blakey ,i Technology& Management Services
Bostrom ✓ ,
Coleman
Harris ] By: t ( GC Z L ) 11- Cs`y e.4rc7
4'c
Lantry ✓ Director
I—Reiter Form Approved by City Attorney
Adopted by Council: Date 1/—5 03 By: I ALLd ,t t �- /
Adoption Ce ed by Council Secretary 9
By: ///Jli ' ,iJr D/1/ PP e• ayor for S�ibm.: ion ,: C un
Approved • IFF or: Date - - v
By:
■
I /
Return copy to: (e.c.) Council File# 03--VI. I
Real Estate Division
140 City Hall Green Sheet#),Ct-i
RESOL • IoN
C TY i . •SAINT 'A •MINNESOTA
Presented By
Referred To Committee: Date
1 BE IT RESOLVED,that, upon the petition of State of Minnesota, as documented in Real Estate
2 Division File Number 24-2002, public properties hereinafter described are hereby vacated and
3 discontinued as public property:
4 The property to be vacated is described as follows:
5 Parcel 1. That part of Minnesota Street lying northwesterly of Twelfth Street and southeasterly of
6 Columbus Avenue; and
7 Parcel 2. That part of Columbus Avenue lying northeasterly of Cedar Street and Southwesterly of
8 Robert Street; and
9 Parcel 3. That part of East Central Park lying northwesterly of Columbus Avenue and southeasterly of
10 Constitution Avenue.
11 BE IT FURTHER RESOLVED,that, subject to the herein stated exceptions and with the
12 accompanying Utility Easement Certificates of Intended Non-Use, filed voluntarily on behalf of District
13 Energy St. Paul, Inc., and District Cooling St. Paul, Inc., and MCI Network Services, Inc., made a part
14 hereof by this reference and filed in the office of the City Clerk of Saint Paul, the City, for itself and on
15 behalf of these corporations, waives the right to the utility easements in the vacated area described
16 above.
17 BE IT FURTHER RESOLVED,that,
18 except that, with the accompanying Utility Easement Certificate of Intended Non-Use, filed voluntarily
19 on behalf of the Department of Public Works, made a part hereof by this reference and filed in the office
20 of the City Clerk of Saint Paul, the City for itself and on behalf of the said Department of Public Works,
21 waives the right to the utility easements in the vacated area described in the attached Exhibit A,
22 a permanent utility easement shall be retained on, over, under and across the vacated area on behalf of
23 the City of Saint Paul, Department of Public Works to reserve the right of the City to maintain and
24 operate any sewer in or upon said easement and to enter upon said easement or any portion thereof at any
25 time and from time to time, for the purposes of future construction, reconstruction, inspecting,
26 maintaining or repairing the same or any part thereof. Any development or use of the property shall be
27 subject to the following conditions:
28 1. No buildings, structures, trees or any temporary structure, material storage, fixture, or any other
29 objects that will prohibit normal access to utility facilities for maintenance purposes will be
30 permitted within the easement area.
03 - 997
1 2. Improvements in or upon the above described easement that do not prohibit the City from
2 exercising its reserved rights may be allowed by obtaining written permission from the
3 Department of Public Works Sewer Division with the understanding that the restoration and
4 costs of such improvements shall be the sole responsibility of the petitioner, its successors and
5 assigns in the event the City exercises its reserved easement rights.
6 3. No change from the existing grade within the easement area will be permitted without written
7 permission from the Department of Public Works.
8 4. No change in surfacing within the easement area will be permitted without written permission
9 from the Department of Public Works.
10 5. Each party will be responsible for its own acts and the results thereof to the extent authorized by
11 law and shall not be responsible for the act of any others and the results thereof. The Petitioner's
12 liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota
13 Statutes, Section 3.736.
14 BE IT FURTHER RESOLVED, that,
15 except that with the accompanying Utility Easement Certificate of Intended Non-Use, filed voluntarily
16 on behalf of the Saint Paul Regional Water Services, made a part hereof by this reference and filed in the
17 office of the City Clerk of Saint Paul, the City for itself and on behalf of the said Saint Paul Regional
18 Water Services,waives the right to the utility easements in the vacated area described in the attached
19 Exhibit B,
20 on behalf of the Board of Water Commissioners of the City of Saint Paul, a permanent utility easement
21 shall be retained on, over, under and across the vacated area to reserve the right of the Board to maintain
22 and operate any water facility in, on or upon said easement, and to enter upon said easement or any
23 portion thereof at any time, and from time to time for the purposes of future construction, reconstruction,
24 inspection, maintenance or repair of the same or any part thereof The said utility easement shall be
25 subject to the following restrictions:
26 1. No buildings, structures, trees or any temporary structure, material storage, fixture, or other
27 object that may prohibit normal access to water facilities for maintenance purposes will be
28 permitted within the easement area.
29 2. With written permission from the Saint Paul Regional Water Services, improvements in or upon
30 the above described easement that do not prohibit or limit the full and free exercise by the Saint
31 Paul Regional Water Services of its reserved rights may be allowed, with the understanding that
32 the restoration and costs of such improvements, should the Water Services exercise its easement
33 rights, shall be the sole responsibility of the fee owner, its successors and assigns.
34 3. Should it be necessary that the petitioner's works or improvements be removed, or should the
35 said works or improvements be damaged as a result of the Saint Paul Regional Water Services'
36 operations, all removal, replacement or modification costs shall be borne solely by the petitioner.
37 4. No change from the existing grade within the easement shall be permitted without written
38 permission from the Saint Paul Regional Water Services.
39 5. No change in surfacing within the easement area shall be permitted without written permission
40 from the Saint Paul Regional Water Services.
03 - 997
1 6. The release of the easement in Columbus Avenue shall not become effective until the facilities
2 now in that easement have been relocated. The petitioner shall complete the earthwork required
3 for relocation.
4 7. Each party will be responsible for its own acts and the results thereof to the extent authorized by
5 law and shall not be responsible for the act of any others and the results thereof. The Petitioner's
6 liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota
7 Statutes, Section 3.736.
8 BE IT FURTHER RESOLVED,that:
9 except that with the accompanying Utility Easement Certificate of Intended Non-Use, filed voluntarily
10 on behalf of the Northern States Power Company, dba Xcel Energy, made a part hereof by this reference
11 and filed in the office of the City Clerk of Saint Paul, the City for itself and on behalf of the said
12 Northern States Power Company d.b.a. Xcel Energy, waives the right to the utility easements in the
13 vacated area described in the attached Exhibit C,
14 a permanent utility easement shall be retained on, over, under and across the vacated area on behalf of
15 Northern States Power Company, d.b.a. Xcel Energy, to reserve the right of the said Northern States
16 Power Company to maintain and operate any electric service facilities in or upon said easement and to
17 enter upon said easement or any portion thereof at any time and from time to time, for the purposes of
18 future construction, reconstruction, inspecting, maintaining or repairing the same or any part thereof..
19 BE IT FURTHER RESOLVED,that:
20 except that, with the accompanying Utility Easement Certificate of Intended Non-Use, filed voluntarily
21 on behalf of the Qwest Corporation, made a part hereof by this reference and filed in the office of the
22 City Clerk of Saint Paul, the City for itself and on behalf of the said Qwest Corporation, waives the right
23 to the utility easements in the vacated area described in the attached Exhibit D, and
24 except that said Qwest Corporation will permit the State to construct a stairway, subject to review and
25 approval of the structural design of the stairway, in that part of Columbus Avenue lying within the
26 following described line:
27 Commencing at the intersection of the west right-of-way line of Robert Street as it exists today and the
28 North boundary line of Block 5, Central Park Addition, Ramsey County, the point of beginning; thence
29 westerly along the North boundary line of Block 5, Central Park Addition, Ramsey County, to a point 55
30 feet West of the west right-of-way line of said Robert Street; thence northerly along a line 55 feet distant
31 from and parallel to the west right-of-way line of said Robert Street a distance of 25 feet; thence easterly
32 along a line 25 feet distant from and parallel to the North boundary line of Block 5, Central Park
33 Addition to the point of intersection with the west right-of-way line of said Robert Street; thence
34 southeasterly along the west right-of-way line of said Robert Street to the point of beginning,
35 a permanent utility easement shall be retained on, over, under and across the vacated area on behalf of
36 the Qwest Corporation to reserve the right of the Qwest Corporation to maintain and operate its facilities
37 in or upon said easement and to enter upon said easement or any portion thereof at any time and from
38 time to time, for the purposes of future construction, reconstruction, inspecting, maintaining or repairing
39 the same or any part thereof.
40
41
03 - 9°17
1 BE IT FURTHER RESOLVED, that
2 except that, with the accompanying Utility Easement Certificate of Intended Non-Use, filed voluntarily
3 on behalf of the Comcast of St. Paul, Inc., made a part hereof by this reference and filed in the office of
4 the City Clerk of Saint Paul, the City for itself and on behalf of the said Comcast of Saint Paul, Inc.
5 waives the right to the utility easements in the vacated area described in the attached Exhibit E,
6 a permanent utility easement shall be retained on, over, under and across the vacated area on behalf of
7 the Comcast of St. Paul, Inc. to reserve the right of the said Comcast of St. Paul, Inc. to maintain and
8 operate its facilities in or upon said easement and to enter upon said easement or any portion thereof at
9 any time and from time to time, for the purposes of future construction, reconstruction, inspecting,
10 maintaining or repairing the same or any part thereof
11 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the
12 Saint Paul Legislative Code as amended, and to the following conditions:
13 1. That the petitioner's,their successors and assigns shall pay $2,000.00 as an administrative fee for
14 this vacation which is due and payable within 60 days of the effective date of this resolution.
15 2. That, if necessary, new permanent utility easements at locations mutually agreed upon shall be
16 dedicated in favor of Northern States Power Company, d.b.a. Xcel Energy. And that the
17 petitioner shall reimburse Northern States Power Company for the cost of relocating its facilities
18 3. That, if necessary, new permanent utility easements at locations mutually agreed upon shall be
19 dedicated in favor of the Qwest Corporation. And that the petitioner shall reimburse the Qwest
20 Corporation for the cost of relocating its facilities
21 4. Notwithstanding Chapter 130, codified March 1st, 1981, of the Saint Paul Legislative Code as
22 amended, the Petitioner and the City of Saint Paul agree that each party will be responsible for its
23 own acts and the results thereof to the extent authorized by law and shall not be responsible for
24 the act of any others and the results thereof The Petitioner's liability shall be governed by the
25 provisions of the Minnesota Tort Claims Act, Minnesota Statutes, Section 3.736.
26 5. That the petitioners,their successors and assigns shall, within 60 days of the effective date of this
27 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution
28 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in
29 all respects with these terms and conditions.
Yeas Nays Absent
Benanav Requested by Department of:
Blakey ✓ Technology& Management Services
Bostrom
Coleman ✓ v /i
Harris ,� By: ( Ga Z L' � 'C�`-�- Uci
Lantry Director
I I Form Approved by City Attorney
Adopted by Council: Date /%S-0.3 By: _.41.. 0d - -�
Adoption Ce ed by Council Secretary
By: //f ,`L/C 64/ e i ayor for S lbm': ion ►"C un
Approved . rifF or: Date MU. a - ii I
Return copy to: (e.c.) Council File # D3'R17
Real Estate Division
140 City Hall / Green Sheet#),C4\"13
RESOL •TI A? N
C Y �� SAINT 'A rMINNESOTA �l
Presented By
Referred To Committee: Date
1 BE IT RESOLVED, that, upon the petition of State of Minnesota, as documented in Real Estate
2 Division File Number 24-2002, public properties hereinafter described are hereby vacated and
3 discontinued as public property:
4 The property to be vacated is described as follows:
5 Parcel 1. That part of Minnesota Street lying northwesterly of Twelfth Street and southeasterly of
6 Columbus Avenue; and
7 Parcel 2. That part of Columbus Avenue lying northeasterly of Cedar Street and Southwesterly of
8 Robert Street; and
9 Parcel 3. That part of East Central Park lying northwesterly of Columbus Avenue and southeasterly of
10 Constitution Avenue.
11 BE IT FURTHER RESOLVED,that, subject to the herein stated exceptions and with the
12 accompanying Utility Easement Certificates of Intended Non-Use, filed voluntarily on behalf of District
13 Energy St. Paul, Inc., and District Cooling St. Paul, Inc., and MCI Network Services, Inc., made a part
14 hereof by this reference and filed in the office of the City Clerk of Saint Paul, the City, for itself and on
15 behalf of these corporations, waives the right to the utility easements in the vacated area described
16 above.
17 BE IT FURTHER RESOLVED, that,
18 except that, with the accompanying Utility Easement Certificate of Intended Non-Use, filed voluntarily
19 on behalf of the Department of Public Works, made a part hereof by this reference and filed in the office
20 of the City Clerk of Saint Paul, the City for itself and on behalf of the said Department of Public Works,
21 waives the right to the utility easements in the vacated area described in the attached Exhibit A,
22 a permanent utility easement shall be retained on, over, under and across the vacated area on behalf of
23 the City of Saint Paul, Department of Public Works to reserve the right of the City to maintain and
24 operate any sewer in or upon said easement and to enter upon said easement or any portion thereof at any
25 time and from time to time, for the purposes of future construction, reconstruction, inspecting,
26 maintaining or repairing the same or any part thereof. Any development or use of the property shall be
27 subject to the following conditions:
28 1. No buildings, structures, trees or any temporary structure, material storage, fixture, or any other
29 objects that will prohibit normal access to utility facilities for maintenance purposes will be
30 permitted within the easement area.
03 - 997
1 2. Improvements in or upon the above described easement that do not prohibit the City from
2 exercising its reserved rights may be allowed by obtaining written permission from the
3 Department of Public Works Sewer Division with the understanding that the restoration and
4 costs of such improvements shall be the sole responsibility of the petitioner, its successors and
5 assigns in the event the City exercises its reserved easement rights.
6 3. No change from the existing grade within the easement area will be permitted without written
7 permission from the Department of Public Works.
8 4. No change in surfacing within the easement area will be permitted without written permission
9 from the Department of Public Works.
10 5. Each party will be responsible for its own acts and the results thereof to the extent authorized by
11 law and shall not be responsible for the act of any others and the results thereof. The Petitioner's
12 liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota
13 Statutes, Section 3.736.
14 BE IT FURTHER RESOLVED,that,
15 except that with the accompanying Utility Easement Certificate of Intended Non-Use, filed voluntarily
16 on behalf of the Saint Paul Regional Water Services, made a part hereof by this reference and filed in the
17 office of the City Clerk of Saint Paul, the City for itself and on behalf of the said Saint Paul Regional
18 Water Services, waives the right to the utility easements in the vacated area described in the attached
19 Exhibit B,
20 on behalf of the Board of Water Commissioners of the City of Saint Paul, a permanent utility easement
21 shall be retained on, over, under and across the vacated area to reserve the right of the Board to maintain
22 and operate any water facility in, on or upon said easement, and to enter upon said easement or any
23 portion thereof at any time, and from time to time for the purposes of future construction, reconstruction,
24 inspection, maintenance or repair of the same or any part thereof The said utility easement shall be
25 subject to the following restrictions:
26 1. No buildings, structures, trees or any temporary structure, material storage, fixture, or other
27 object that may prohibit normal access to water facilities for maintenance purposes will be
28 permitted within the easement area.
29 2. With written permission from the Saint Paul Regional Water Services, improvements in or upon
30 the above described easement that do not prohibit or limit the full and free exercise by the Saint
31 Paul Regional Water Services of its reserved rights may be allowed, with the understanding that
32 the restoration and costs of such improvements, should the Water Services exercise its easement
33 rights, shall be the sole responsibility of the fee owner, its successors and assigns.
34 3. Should it be necessary that the petitioner's works or improvements be removed, or should the
35 said works or improvements be damaged as a result of the Saint Paul Regional Water Services'
36 operations, all removal, replacement or modification costs shall be borne solely by the petitioner.
37 4. No change from the existing grade within the easement shall be permitted without written
38 permission from the Saint Paul Regional Water Services.
39 5. No change in surfacing within the easement area shall be permitted without written permission
40 from the Saint Paul Regional Water Services.
03 - 997
1 6. The release of the easement in Columbus Avenue shall not become effective until the facilities
2 now in that easement have been relocated. The petitioner shall complete the earthwork required
3 for relocation.
4 7. Each party will be responsible for its own acts and the results thereof to the extent authorized by
5 law and shall not be responsible for the act of any others and the results thereof. The Petitioner's
6 liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota
7 Statutes, Section 3.736.
8 BE IT FURTHER RESOLVED, that:
9 except that with the accompanying Utility Easement Certificate of Intended Non-Use, filed voluntarily
10 on behalf of the Northern States Power Company, dba Xcel Energy, made a part hereof by this reference
11 and filed in the office of the City Clerk of Saint Paul, the City for itself and on behalf of the said
12 Northern States Power Company d.b.a. Xcel Energy, waives the right to the utility easements in the
13 vacated area described in the attached Exhibit C,
14 a permanent utility easement shall be retained on, over, under and across the vacated area on behalf of
15 Northern States Power Company, d.b.a. Xcel Energy,to reserve the right of the said Northern States
16 Power Company to maintain and operate any electric service facilities in or upon said easement and to
17 enter upon said easement or any portion thereof at any time and from time to time, for the purposes of
18 future construction, reconstruction, inspecting, maintaining or repairing the same or any part thereof..
19 BE IT FURTHER RESOLVED,that:
20 except that, with the accompanying Utility Easement Certificate of Intended Non-Use, filed voluntarily
21 on behalf of the Qwest Corporation, made a part hereof by this reference and filed in the office of the
22 City Clerk of Saint Paul,the City for itself and on behalf of the said Qwest Corporation, waives the right
23 to the utility easements in the vacated area described in the attached Exhibit D, and
24 except that said Qwest Corporation will permit the State to construct a stairway, subject to review and
25 approval of the structural design of the stairway, in that part of Columbus Avenue lying within the
26 following described line:
27 Commencing at the intersection of the west right-of-way line of Robert Street as it exists today and the
28 North boundary line of Block 5, Central Park Addition, Ramsey County, the point of beginning; thence
29 westerly along the North boundary line of Block 5, Central Park Addition, Ramsey County, to a point 55
30 feet West of the west right-of-way line of said Robert Street; thence northerly along a line 55 feet distant
31 from and parallel to the west right-of-way line of said Robert Street a distance of 25 feet; thence easterly
32 along a line 25 feet distant from and parallel to the North boundary line of Block 5, Central Park
33 Addition to the point of intersection with the west right-of-way line of said Robert Street; thence
34 southeasterly along the west right-of-way line of said Robert Street to the point of beginning,
35 a permanent utility easement shall be retained on, over, under and across the vacated area on behalf of
36 the Qwest Corporation to reserve the right of the Qwest Corporation to maintain and operate its facilities
37 in or upon said easement and to enter upon said easement or any portion thereof at any time and from
38 time to time, for the purposes of future construction, reconstruction, inspecting, maintaining or repairing
39 the same or any part thereof.
40
41
03 - 917
1 BE IT FURTHER RESOLVED,that
2 except that, with the accompanying Utility Easement Certificate of Intended Non-Use, filed voluntarily
3 on behalf of the Comcast of St. Paul, Inc., made a part hereof by this reference and filed in the office of
4 the City Clerk of Saint Paul, the City for itself and on behalf of the said Comcast of Saint Paul, Inc.
5 waives the right to the utility easements in the vacated area described in the attached Exhibit E,
6 a permanent utility easement shall be retained on, over, under and across the vacated area on behalf of
7 the Comcast of St. Paul, Inc. to reserve the right of the said Comcast of St. Paul, Inc. to maintain and
8 operate its facilities in or upon said easement and to enter upon said easement or any portion thereof at
9 any time and from time to time, for the purposes of future construction, reconstruction, inspecting,
10 maintaining or repairing the same or any part thereof
11 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the
12 Saint Paul Legislative Code as amended, and to the following conditions:
13 1. That the petitioner's,their successors and assigns shall pay $2,000.00 as an administrative fee for
14 this vacation which is due and payable within 60 days of the effective date of this resolution.
15 2. That, if necessary, new permanent utility easements at locations mutually agreed upon shall be
16 dedicated in favor of Northern States Power Company, d.b.a. Xcel Energy. And that the
17 petitioner shall reimburse Northern States Power Company for the cost of relocating its facilities
18 3. That, if necessary, new permanent utility easements at locations mutually agreed upon shall be
19 dedicated in favor of the Qwest Corporation. And that the petitioner shall reimburse the Qwest
20 Corporation for the cost of relocating its facilities
21 4. Notwithstanding Chapter 130, codified March 1st, 1981, of the Saint Paul Legislative Code as
22 amended, the Petitioner and the City of Saint Paul agree that each party will be responsible for its
23 own acts and the results thereof to the extent authorized by law and shall not be responsible for
24 the act of any others and the results thereof The Petitioner's liability shall be governed by the
25 provisions of the Minnesota Tort Claims Act, Minnesota Statutes, Section 3.736.
26 5. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this
27 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution
28 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in
29 all respects with these terms and conditions.
Yeas Nays Absent
Benanav Requested by Department of:
Blakey ✓ Technology& Management Services
Bostrom
Coleman �! \
Harris ✓
By: d- 2� (/t
CL
y
Lanny ✓ Director
I—Reiter ( Form Approved by City Attorney
t� _I
I
Adopted by Council: Date 1/—5-0.3 By: /L.L4d/.1,
Adoption Ce ed by Council Secretary jf
By: /4/ i ,�/< G',// ; pp, • e• , ayor for S.6bm.: ion t C un
Approved . PIF or: Date .4V/,rAW ■
By: . ,..r�171/M1/ ' •; , 7‘.444,e,
Return copy to: (e.c.) Council File# 03'11
Real Estate Division
140 City Hall Green Sheet#),C4\-13
RESOL ,TI o N
C Y 1. SAINT 'A , MINNESOTA G7
Presented By
Referred To Committee: Date
1 BE IT RESOLVED,that, upon the petition of State of Minnesota, as documented in Real Estate
2 Division File Number 24-2002, public properties hereinafter described are hereby vacated and
3 discontinued as public property:
4 The property to be vacated is described as follows:
5 Parcel 1. That part of Minnesota Street lying northwesterly of Twelfth Street and southeasterly of
6 Columbus Avenue; and
7 Parcel 2. That part of Columbus Avenue lying northeasterly of Cedar Street and Southwesterly of
8 Robert Street; and
9 Parcel 3. That part of East Central Park lying northwesterly of Columbus Avenue and southeasterly of
10 Constitution Avenue.
11 BE IT FURTHER RESOLVED, that, subject to the herein stated exceptions and with the
12 accompanying Utility Easement Certificates of Intended Non-Use, filed voluntarily on behalf of District
13 Energy St. Paul, Inc., and District Cooling St. Paul, Inc., and MCI Network Services, Inc., made a part
14 hereof by this reference and filed in the office of the City Clerk of Saint Paul, the City, for itself and on
15 behalf of these corporations, waives the right to the utility easements in the vacated area described
16 above.
17 BE IT FURTHER RESOLVED, that,
18 except that, with the accompanying Utility Easement Certificate of Intended Non-Use, filed voluntarily
19 on behalf of the Department of Public Works, made a part hereof by this reference and filed in the office
20 of the City Clerk of Saint Paul, the City for itself and on behalf of the said Department of Public Works,
21 waives the right to the utility easements in the vacated area described in the attached Exhibit A,
22 a permanent utility easement shall be retained on, over, under and across the vacated area on behalf of
23 the City of Saint Paul, Department of Public Works to reserve the right of the City to maintain and
24 operate any sewer in or upon said easement and to enter upon said easement or any portion thereof at any
25 time and from time to time, for the purposes of future construction, reconstruction, inspecting,
26 maintaining or repairing the same or any part thereof. Any development or use of the property shall be
27 subject to the following conditions:
28 1. No buildings, structures, trees or any temporary structure, material storage, fixture, or any other
29 objects that will prohibit normal access to utility facilities for maintenance purposes will be
30 permitted within the easement area.
03 - 997
1 2. Improvements in or upon the above described easement that do not prohibit the City from
2 exercising its reserved rights may be allowed by obtaining written permission from the
3 Department of Public Works Sewer Division with the understanding that the restoration and
4 costs of such improvements shall be the sole responsibility of the petitioner, its successors and
5 assigns in the event the City exercises its reserved easement rights.
6 3. No change from the existing grade within the easement area will be permitted without written
7 permission from the Department of Public Works.
8 4. No change in surfacing within the easement area will be permitted without written permission
9 from the Department of Public Works.
10 5. Each party will be responsible for its own acts and the results thereof to the extent authorized by
11 law and shall not be responsible for the act of any others and the results thereof The Petitioner's
12 liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota
13 Statutes, Section 3.736.
14 BE IT FURTHER RESOLVED, that,
15 except that with the accompanying Utility Easement Certificate of Intended Non-Use, filed voluntarily
16 on behalf of the Saint Paul Regional Water Services, made a part hereof by this reference and filed in the
17 office of the City Clerk of Saint Paul, the City for itself and on behalf of the said Saint Paul Regional
18 Water Services, waives the right to the utility easements in the vacated area described in the attached
19 Exhibit B,
20 on behalf of the Board of Water Commissioners of the City of Saint Paul, a permanent utility easement
21 shall be retained on, over, under and across the vacated area to reserve the right of the Board to maintain
22 and operate any water facility in, on or upon said easement, and to enter upon said easement or any
23 portion thereof at any time, and from time to time for the purposes of future construction, reconstruction,
24 inspection, maintenance or repair of the same or any part thereof The said utility easement shall be
25 subject to the following restrictions:
26 1. No buildings, structures, trees or any temporary structure, material storage, fixture, or other
27 object that may prohibit normal access to water facilities for maintenance purposes will be
28 permitted within the easement area.
29 2. With written permission from the Saint Paul Regional Water Services, improvements in or upon
30 the above described easement that do not prohibit or limit the full and free exercise by the Saint
31 Paul Regional Water Services of its reserved rights may be allowed, with the understanding that
32 the restoration and costs of such improvements, should the Water Services exercise its easement
33 rights, shall be the sole responsibility of the fee owner, its successors and assigns.
34 3. Should it be necessary that the petitioner's works or improvements be removed, or should the
35 said works or improvements be damaged as a result of the Saint Paul Regional Water Services'
36 operations, all removal, replacement or modification costs shall be borne solely by the petitioner.
37 4. No change from the existing grade within the easement shall be permitted without written
38 permission from the Saint Paul Regional Water Services.
39 5. No change in surfacing within the easement area shall be permitted without written permission
40 from the Saint Paul Regional Water Services.
03 - 997
1 6. The release of the easement in Columbus Avenue shall not become effective until the facilities
2 now in that easement have been relocated. The petitioner shall complete the earthwork required
3 for relocation.
4 7. Each party will be responsible for its own acts and the results thereof to the extent authorized by
5 law and shall not be responsible for the act of any others and the results thereof. The Petitioner's
6 liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota
7 Statutes, Section 3.736.
8 BE IT FURTHER RESOLVED,that:
9 except that with the accompanying Utility Easement Certificate of Intended Non-Use, filed voluntarily
10 on behalf of the Northern States Power Company, dba Xcel Energy, made a part hereof by this reference
11 and filed in the office of the City Clerk of Saint Paul, the City for itself and on behalf of the said
12 Northern States Power Company d.b.a. Xcel Energy, waives the right to the utility easements in the
13 vacated area described in the attached Exhibit C,
14 a permanent utility easement shall be retained on, over, under and across the vacated area on behalf of
15 Northern States Power Company, d.b.a. Xcel Energy, to reserve the right of the said Northern States
16 Power Company to maintain and operate any electric service facilities in or upon said easement and to
17 enter upon said easement or any portion thereof at any time and from time to time, for the purposes of
18 future construction, reconstruction, inspecting, maintaining or repairing the same or any part thereof..
19 BE IT FURTHER RESOLVED,that:
20 except that, with the accompanying Utility Easement Certificate of Intended Non-Use, filed voluntarily
21 on behalf of the Qwest Corporation, made a part hereof by this reference and filed in the office of the
22 City Clerk of Saint Paul, the City for itself and on behalf of the said Qwest Corporation, waives the right
23 to the utility easements in the vacated area described in the attached Exhibit D, and
24 except that said Qwest Corporation will permit the State to construct a stairway, subject to review and
25 approval of the structural design of the stairway, in that part of Columbus Avenue lying within the
26 following described line:
27 Commencing at the intersection of the west right-of-way line of Robert Street as it exists today and the
28 North boundary line of Block 5, Central Park Addition, Ramsey County, the point of beginning; thence
29 westerly along the North boundary line of Block 5, Central Park Addition, Ramsey County, to a point 55
30 feet West of the west right-of-way line of said Robert Street; thence northerly along a line 55 feet distant
31 from and parallel to the west right-of-way line of said Robert Street a distance of 25 feet; thence easterly
32 along a line 25 feet distant from and parallel to the North boundary line of Block 5, Central Park
33 Addition to the point of intersection with the west right-of-way line of said Robert Street; thence
34 southeasterly along the west right-of-way line of said Robert Street to the point of beginning,
35 a permanent utility easement shall be retained on, over, under and across the vacated area on behalf of
36 the Qwest Corporation to reserve the right of the Qwest Corporation to maintain and operate its facilities
37 in or upon said easement and to enter upon said easement or any portion thereof at any time and from
38 time to time, for the purposes of future construction, reconstruction, inspecting, maintaining or repairing
39 the same or any part thereof
40
41
r
a3 - 997
1 BE IT FURTHER RESOLVED, that
2 except that, with the accompanying Utility Easement Certificate of Intended Non-Use, filed voluntarily
3 on behalf of the Comcast of St. Paul, Inc., made a part hereof by this reference and filed in the office of
4 the City Clerk of Saint Paul, the City for itself and on behalf of the said Comcast of Saint Paul, Inc.
5 waives the right to the utility easements in the vacated area described in the attached Exhibit E,
6 a permanent utility easement shall be retained on, over, under and across the vacated area on behalf of
7 the Comcast of St. Paul, Inc. to reserve the right of the said Comcast of St. Paul, Inc. to maintain and
8 operate its facilities in or upon said easement and to enter upon said easement or any portion thereof at
9 any time and from time to time, for the purposes of future construction, reconstruction, inspecting,
10 maintaining or repairing the same or any part thereof
11 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the
12 Saint Paul Legislative Code as amended, and to the following conditions:
13 1. That the petitioner's,their successors and assigns shall pay $2,000.00 as an administrative fee for
14 this vacation which is due and payable within 60 days of the effective date of this resolution.
15 2. That, if necessary, new permanent utility easements at locations mutually agreed upon shall be
16 dedicated in favor of Northern States Power Company, d.b.a. Xcel Energy. And that the
17 petitioner shall reimburse Northern States Power Company for the cost of relocating its facilities
18 3. That, if necessary, new permanent utility easements at locations mutually agreed upon shall be
19 dedicated in favor of the Qwest Corporation. And that the petitioner shall reimburse the Qwest
20 Corporation for the cost of relocating its facilities
21 4. Notwithstanding Chapter 130, codified March 1st, 1981, of the Saint Paul Legislative Code as
22 amended, the Petitioner and the City of Saint Paul agree that each party will be responsible for its
23 own acts and the results thereof to the extent authorized by law and shall not be responsible for
24 the act of any others and the results thereof The Petitioner's liability shall be governed by the
25 provisions of the Minnesota Tort Claims Act, Minnesota Statutes, Section 3.736.
26 5. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this
27 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution
28 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in
29 all respects with these terms and conditions.
Yeas Nays Absent
Benanav ✓ Requested by Department of:
Blakey ,✓ Technology& Management Services
Bostrom ✓
Coleman ✓ t _
Harris By: GC‘.
Lantry ✓ Director
I--Reiter ( ( Form Approved by City Attorney
=]111111711111 L1 I / /
Adopted by Council: Date 1/—S-0.3 By: _ L.1 a`
Adoption Ce ed by Council Secretary
By: //f ,2/< p■, , e∎ ayor for Sam': ion t"C un
Approved . Irri or: Date ����L_ll► i0/
By: . ti �/� ; : A
dir
NOTICE OF PUBLIC HEARING
Notice is hereby given that the petition of the State of Minnesota to vacate part of Minnesota
Street, Columbus Avenue and East Central Park, 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 5th day of November, 2003 at 5:30 P.M.
Dated: October 14, 2003
Shari Moore
Deputy City Clerk
(October 16, 2003)
S:\INT
''^" L Interdepartmental Memorandum
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: October 14, 2003
Subject: TMS Department Vacation File No. 24-2002
I recommend a public hearing before the City Council be held on November 5, 2003 to consider
a petition to vacate parts of Minnesota Street, Columbus Avenue and East Central Park.
The purpose of the vacation is to facilitate the redevelopment of the Capital Office Complex.
This property is located in City Council District 2, Planning District 17.
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 October 16,2003.
(2402date)
CITIZEN SERVICE OFFICE
Donald I Luna,City Clerk
PS A AU[N L T CITY OF SAINT PAUL 170 City Hall Tel.: 651-266-8989
idot Randy Kelly,Mayor 15 W.Kellogg Boulevard Fax: 651-266-8689
Saint Paul,Minnesota 55102
ARM
September 10, 2002
Peter White
Valuation Engineer
Real Estate Division
140 City Hall
Dear Peter:
I refer to you to check as to form and sufficiency and for recommendation, the attached petition of
the State of Minnesota for the vacation of those parts of Minnesota Street, Columbus Avenue and
East Central Park according to the recorded plat thereof on file and of record in the Office of the
Saint Paul City Clerk.
Sincerely,
r/
Shari Moore
Deputy City Clerk
Attachments
AA-ADA-EEO Employer
0
' \ SO '
• Department of Administration
Commissioner's Office
200 Administration Building
50 Sherburne Avenue
August 14, 2002 St.Paul,MN 55155
651.296.6852
Fax: 651.297.7909
TTY: 651.297.4357
Donald J. Luna, City Clerk Email: Kath.Ouska @state.mn.us
City of Saint Paul
City Hall,Room 170
15 Kellogg Blvd. West
St. Paul,MN 55102
Re: Petition to Vacate City Interest
Dear Mr. Luna:
In accordance with Chapter 130 of the Legislative Code of the City of Saint Paul and guidelines for
initiating vacations, attached is a Petition to Vacate City Interest along with the following supporting
documents:
1. A plat map showing the lands to be vacated
2. A Certified Adjacent Ownership Report
3. State Capitol Complex map
4. Certificate of Survey(Lot"S")
5. Certificate of Survey(Lot"Y")
An electronic payment in the amount of the $100 filing fee has been made to the City.
Thank you for your attention to this matter. Feel free to contact Wayne Waslaski in our Real Estate
Management Division at 651.296.2278 if you have any questions or need additional information.
Since); • — /
44 ,
diVII
athi uska
Assistant Commissioner
c: Wayne Waslaski, Dept. of Administration
Peter White, City of Saint Paul
PETITION TO VACATE CITY INTEREST
I(we), the undersigned, constituting a majority of the owners (or their legally designated
representatives) of the abutting properties, do hereby petition the Council of the City of Saint
Paul to vacate its interests in the properties legally described as follows:
A. Minnesota Street between 12th Street and Columbus Avenue
B. Columbus Avenue between Cedar and Robert Streets
C. East Central Park between Constitution and Columbus Avenues
I(we) request this vacation for the following reason(s). (Indicate whether you will be building on
the site.)
The MN Department of Administration is proposing the design and construction of
laboratory facility and to enter into a lease-purchase agreement for the development of an office
building to be occupied by the Departments of Agriculture and Health. The total square footage
is estimated to be 511,000 gross square feet.
The office and laboratory will be located on two blocks (Lot S &Lot Y)
bounded by Constitution Ave to the north,Robert St. to the east,the Central Park
Ramp and the St. Paul Armory to the west, and 12th St. to the south. Attached are
certificates of survey for Lot"S"and Lot"Y",which are legally described as
follows:
A. Blocks 6 &7, Re-Arrangement of Blocks 6& 7, Central Park
Addition
B. Block 5, Central Park Addition
The vacation of the above-mentioned right-of-way is necessary for security and
development purposes. The intended use of the property to be vacated is to help provide secure
circulation around the office and laboratory building. In addition, a portion may be used for
landscaping and/or outdoor plaza purposes. At this time it is not anticipated that significant
building structure would be located on the property to be vacated.
I(we) have attached six copies of the site plans of any development intended for construction on
the lands to be vacated.
It is not known at this time if any development other than landscaping will occur on the
lands to be vacated. Upon completion, site plans will be forwarded for review.
Person(s) responsible for payment of vacation
fee and for acceptance of the terms and
Contact Person conditions of the vacation:
Name: Wayne Waslaski Name: Kath Ouska,Assistant Commissioner
Phone: 651.296.2278 Phone: 651.296.6852
Address: MN Dept. of Administration Address: MN Dept. of Administration
50 Sherburne Ave., Ste. 309 50 Sherburne Avenue, Ste. 200
St. Paul, MN 55155 St. Paul, MN 55155
Alternate Contact Person
Name: Bev Kroiss Address:
Phone: 651.296.1896 Phone:
Address: MN Dept. of Administration Address:
50 Sherburne Ave., Ste. 309
St. Paul, MN 55155
Signatures of Owner(s)/Representative(s) of Property(ies) Described Below:
Kath Ouska. Assistant Commissioner
MN Department of Administration
50 Sherburne Avenue, Ste. 200
r - St. Paul,MN 55155
\ Wayne Waslaski
•
4111,•••••■■,S411"1"4"°%"■■■„..„ MN Department of Administration
50 Sherburne Avenue, Ste. 309
St. Paul,MN 55155
Bev Kroiss
Ord / .
MN Department of Administration
50 Sherburne Avenue, Ste. 309
St. Paul, MN 55155
i, Kath Ouska ,am the petitioner,or one of the petitioners in the above matter;and I do hereby swear and verify
that each of the signatures on petition was signed in my presence by the person described in the petition.
/ A _ Subscribed and sworn to before me this (today of LwLi,%1�h' ,
2002 4
mir
Petitioner Notary
My commission expires 1 - o i-C
° '"`• MARCIAJ.HANSEN
•' NOTARY PUBLIC.MINNESOTA
•' • MY COMMISSION EXPIRES
'' ,:r.." JANUARY 31,2005
COMMONWEALTH
LANDAMERICA
State of Minnesota - Department of Administration
Attn: Wayne Waslaski
50 Sherburne Avenue, Suite 309, Real Estate Management Division
St. Paul, MN 55155
Re: Order No.: 120730
Buyer/Borrower(s): State of Minnesota
ADJACENT OWNERSHIP REPORT
Commonwealth Land Title Insurance Company does hereby certify that a search of Ramsey County,
Minnesota public tax records discloses that, as of the 5th day of March, 2002, at 8:00 A.M., the
owners of the properties abutting the public rights-of-way described as Minnesota Street between
12th Street and Columbus Avenue, Columbus Avenue between Cedar and Robert Streets and East
Central Park between Constitution and Columbus Avenues are as follows:
See Exhibit A attached hereto.
Also enclosed for your convenience is our memo invoice detailing our costs.
CY-dr-A.AA11 , � Prepared: July 9, 2002
Robert A.Anderson, Licensed Abstractor
This Report cites matters appearing in the public records of Ramsey County, Minnesota, and is not
to be construed as an opinion of title. Commonwealth Land Title Insurance Company disclaims any
liability for errors or omissions.
��,.►11=I /FD
JUL - 9 ZOOZ
REAL ESTATE LIANA( EMENT
Commonwealth Land Title Insurance Company
1080 Montreal Avenue,Suite 200,St.Paul,MN 55116
Phone: 651-227-8571 Fax: 651-699-9152
Adjacent Ownership Report Page 1 of 1
MN.11.1.0(12/00)
Order No.: 120730
EXHIBIT A
Legal Description Property Tax Fee Owner
Identification No.
NW'ly 95' of SW'ly 1/2 of Block 7, 312922310019 State of Minnesota
Re-arrangement of Blocks 6 and 7, Department of Administration
Central Park. 50 Sherburne Avenue
Room 309
St. Paul, MN 55103
SE'ly 50' of NE'ly 1/2 of Block 7; 312922310021 State of Minnesota
ex NW'ly 95' of SW'ly 1/2 of Block 7; Department of Administration
Re-arrangement of Blocks 6 and 7, 50 Sherburne Avenue
Central Park; Room 309
vacated alley accruing thereto; St. Paul, MN 55103
subject to street.
Lots 1-22, Block 6; 312922310022 State of Minnesota
Re-arrangement of Blocks 6 and 7, Department of Administration
Central Park; 50 Sherburne Avenue
Subject to street and vacated alley Room 309
accruing thereto. St. Paul, MN 55103
Block 16, Capital Grounds Addition; 312922310023 State of Minnesota
SE'ly 12' of Central Avenue vacated; Centennial Ramp
SW'ly 13' of Columbus Avenue 117 University Avenue
vacated; 3rd Floor
NE'ly 25' of Central Park vacated; St. Paul, MN 55103
SW'ly 15' of Central Park vacated
accruing thereto.
Block 15, Capitol Grounds Addition; 312922310024 State of Minnesota
Part of vacated Central Avenue; Centennial Ramp
Part of vacated Columbus Avenue; 117 University Avenue
SW'ly 1/2 of West Central Park vacated 3rd Floor
accruing thereto. St. Paul, MN 55103
Block 17, Capitol Grounds Addition 312922310004 State of Minnesota
Military Affairs
20 - 12th Street West
Room 114
St. Paul, MN 55155
Block 5, Central Park 312922310029 State of Minnesota
Department of Administration
50 Sherburne Avenue
Room 309
St. Paul, MN 55103
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Proposed Project Study Area, Preferred Sites O \ ;,01;00.'
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. Proposed Project Study Area, Alternate Parking Sites Not to Scale
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Lot S & Y- Departments of Agriculture and Health Office Building and Laboratory
Lot T - Department of Human Services Office Building and Preferred Parking Site
Lot Q - Departments of Agriculture and Health Parking Ramp
Saint Paul, Minnesota
November 17, 2003
To the Honorable,the City Council
Saint Paul, Minnesota
Dear Council Members:
I/We,the undersigned petitioner(s), hereby accept and agree to comply with the terms and
conditions of Council File No.03-997, adopted by the City Council on November 5, 2003, and
approved by the Mayor on November 11, 2003.
Date
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Date
Date
AA-ADA-EEO Employer