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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 STATE CAPITOL COMPLEX: .--;- --- ' i r' , i :. '-. 4 ' : . . . , ::. , ,-%:7:-- , .. . .., . .._ ,:...,, ,::., , TreLhe,.,.., : : ;,. : ....., 5,:: ,'!: . .a._ .._„..., ., ,:„_,:,,,„,,,„,,,,,„_,.:, ...i..i,.,.---=.----„,-==-'=-=---'----=------,-----'::; '.::1'-,'-..-_',,'...-'-:-,'--:r--',.•':.,-'--,.0 7='=-',.'e-,.,;--1-.,'---11-'„,_-,-7:'-.-.'-.-'...--r',,_,-_,,,=,L-,-.,--=,.1-,,,,,7':1-:,:''",:'7„!, I i:" '-.,.....'"...,.,;' t„,,:, ' .,,.,, ,,,.,,:,.: :: , ,, V ,--- ,-,■: :•H■. . , .. — \‘\‘\‘,,,,:\0 CAAP Board ,,,‘,‘ ,..., Zoning Boundary _ens _ 335 --- •” -- Lot C .V �a I ' \ x : . P �.3a -J \ / _ �'j \ 1 l J \\ 4 t{ r \ . L j / y 4 \ o I - s y \' R / a \I ❑ o Ns 1ra \ \o `gi _ �.a f.a. / I\ /T'v r n\ - wk \ _ Lot S y �:� ”' �v Revenue \s' i i r __I �� 2\ k,‘, wvv Q�r y�K i � it/ ; \\ o\� �\ _ \ Lott / / \ �yjs ®® ,-(:000'0, A ' vy,,,70 '<.\\\'‘.\ nW / j � • = 1 Lot T s � \ 7 ,. ----- ------<,.:,---,.. ---....:,-,---,.. / 7,' ,. \--\ \ Proposed Project Study Area, Preferred Sites O \ ;,01;00.' \ ��_,Z✓jj�� . Proposed Project Study Area, Alternate Parking Sites Not to Scale • 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 1�M (24o-r-, Date Date AA-ADA-EEO Employer