03-56 (2) Return copy to: (jao) S �b ,:". �.� 2A03 Council File# d3
Real Estate Division
140 City Hall
ORIGINAL Green Sheet# ► \ L RESOLUTION
ITY OF SAINT PAUL, MINNESOTA (;4-4.3.....c.
r
Presented By ill ,
Referred To Committee: Date •
1
2 BE IT RESOLVED,that,upon the petition of the City of Saint Paul,as documented m Real Estaw
3 Division File Number 2002-22,public properties hereinafter described are hereby vacated and
4 discontinued as public property:
5
6 The property to be vacated is described as follows: See Attached Map &Description(Exhibit"A")
7
8 This vacation shall be subject to the terms and condition of Chapter 130,codified March 1, 1981,of the
9 Saint Paul Legislative Code as amended, and to the following conditions:
10
11 1. That a permanent right of way easement shall be retained on, over,under and across the
12 Southwesterly sixty feet of the vacated area and all of vacated Maryland Avenue within the
13 vacated area,on behalf of the City of Saint Paul,Department of Public Works reserving the right
14 of the City to maintain and operate in or upon said easement and to enter upon said easement or
15 any portion thereof at any time and from time to time,for the purposes of future construction,
16 reconstruction,inspecting, maintaining or repairing the same or any part thereof. Any
17 development or use of the property by the petitioner,where said easement exists, shall be subject
18 to the following conditions:
19
20 a. No buildings, structures,trees or any temporary structure,material storage,fixture, or any
21 other objects that will prohibit normal access to utility facilities for maintenance purposes
22 will be permitted within the easement area.
23
24 b. Improvements in or upon the above described easement that do not prohibit the City from
25 exercising its reserved rights may be allowed by obtaining written permission from the
26 Department of Public Works with the understanding that the restoration and costs of such
27 improvements shall be the sole responsibility of the petitioner,its successors and assigns
28 in the event the City exercises its reserved easement rights.
29
30 c. No change from the existing grade within the easement area will be permitted without
31 written permission from the Department of Public Works.
32
33 d. No change in surfacing within the easement area will be permitted without written
34 permission from the Department of Public Works.
35
36 2. That,on behalf of the Board of Water Commissioners of the City of Saint Paul, a permanent
37 easement shall be retained on,over,under and across the vacated property as described in
38 Ramsey County,Minnesota Document Numbered 3070710,to reserve the right of the Board to
39 access,maintain and operate any water facility in,on,upon or around said easement, and to enter
R � hUAa'em 5�
2 0 ` ` � o ent or any portion thereof at any time,and from time to time for the u ses of v
P �
3 future construction,reconstruction,inspection,maintenance or repair of the same or any part
4 thereof. Any development or use of the property by the petitioner,where said easement exists,
5 shall be subject to the following restrictions:
6
7 a. No buildings,structures,trees or any temporary structure,material storage,fixture,or
8 other object that may prohibit normal access to water facilities for maintenance purposes
9 will be permitted within the easement area.
10
11 b. With written permission from the Saint Paul Regional Water Services,improvements in
12 or upon the above described easement that do not prohibit or limit the full and free
13 exercise by the Saint Paul Regional Water Services of its reserved rights may be allowed,
14 with the understanding that the restoration and costs of such improvements, should the
15 Water Services exercise its easement rights,shall be the sole responsibility of the fee
16 owner,its successors and assigns.
17
18 c. Should it be necessary that the petitioner's works or improvements be removed, or should
19 the said works or improvements be damaged as a result of the Saint Paul Regional Water
20 Services' operations,all removal,replacement or modification costs shall be borne solely
21 by the petitioner.
22
23 d. No change from the existing grade within the easement shall be permitted without written
24 permission from the Saint Paul Regional Water Services.
25
26 e. No change in surfacing within the easement area shall be permitted without written
27 permission from the Saint Paul Regional Water Services.
28
29 f. The petitioner,its successors and assigns shall fully indemnify,defend and save harmless
30 the Board of Water Commissioners of the City of Saint Paul,its officers,agents,
31 employees, and servants from all suits, actions or claims that shall arise from any injuries
32 or damages received or sustained by any break in any service pipe,water main,or
33 connection in said reserved easement,arising out of or resulting from any action or
34 negligence of the petitioner,its employees, agents or business invitees.
35
36 3. That the City of Saint Paul may dispose of the vacated property in accordance with Admin.Code
37 Chap. 51,provided that the said disposition,if awarded, shall be subject to the following
38 conditions which shall be set forth either in the deed or by separate agreement to be filed of
39 record in the office of the Ramsey County Recorder as determined by staff:
40
41 a. The City of Saint Paul may acquire,for park purposes, the subject parcel within five
42 years of the effective compliance date of this resolution if,in the judgment of the City,the
43 subject parcel or any part of it is needed for park purposes.
44
45 b. In the event the City determines that the subject parcel or any part of it is needed for park
46 purposes,the said land may be acquired by the City in a sum equal to the purchase price,
47 plus five (5)percent per year compounded,for the whole parcel or as adjusted on a square
48 foot basis for any portion of the parcel less than the whole parcel.
49
50
51
' ORIGINAL 03 --s,
2 4. That the petitioners,their successors and assigns agree to indemnify,defend and save harmless
3 the City of Saint Paul,its officers and employees from all suits,actions or claims of any character
4 brought as a result of injuries or damages received or sustained by any person,persons or
5 property on account of this vacation or petitioners' use of this property,including but not limited
6 to, a claim brought because of any act of omission,neglect,or misconduct of said petitioners or
7 because of any claims or liability arising from any violation of any law or regulation made in
8 accordance with the law,whether by the petitioners or any of their agents or employees.
9
10 5. That the petitioners,their successors and assigns shall,within 60 days of the effective date of this
11 resolution,file with the City Clerk an acceptance in writing of the conditions of this resolution
12 and shall, within the period(s)specified in the terms and conditions of this resolution,comply in
13 all respects with these terms and conditions.
14
15
16
17
18
19
I 1 Yeas Nays Absent
Benanav II I ,/ Requested by Department of:
[ Blakey I ✓ I I I Technology&Management Services
I Bostrom I ,/
Coleman I 1.----
Harris ,i j By:
Ltnt` ✓ I Director
1 Reiter I ✓ I Form Approved by City Attorney
I I1111WAINIf es [ i
Adopted by Council: Date 'A.k 1A 44O 3 By: �.., i /Li -i^2--__ (2/(y o 3
Adoption C ied by Council Secretary t
-
By: 11. 4- ' ...---\.... • :•roved by Mayor for Submission to Council
Approved ',f ayor: Date s'%.w"At!'
By: � / • ��i :y:
,0
oY. -s6
NOTICE OF PUBLIC HEARING
Notice is hereby given that the petition of the City of Saint
Paul for the vacation of Norpac Road 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 22nd day of
January, 2003 at 5:30 P.M.
Dated: December 31, 2002
Shari Moore
Deputy City Clerk
(January 2, 2003)
SAINT
P^PiInterdepartmental Memorandum
CITY OF SAINT PAUL
NM
To: All Council Members
From: Peter White >4.94-0
Right of Way Engineer
140 City Hall
Date: December 30, 2002
Subject; MIS Deptartment Vacation File No 2002 22
I recommend a public hearing before the City Council be held on January''22,2002
The purpose of this vacation is to vacate Norpac Road.
This property is located in City Council District 5, Planning District 6
C cc
: Shari Moore
(---e4- __ cpt-dalt k Ars/W
(20022 r.a ate
.4a,,t5
aia„,7,___
Department of Technology and Management Services
Real Estate Division
140 City Hall Phone: (612) 266-8850
Saint Paul, MN 55102 Fax: (612) 266-8855
SAINT CITY OF SAINT PAUL
PAUL
Randy C. Kelly, Mayor
AMA
rwr
aragala
September 9, 2002
To the Honorable Members of the
Council of the City of Saint Paul
The City of Saint Paul hereby petitions to vacate City interest in property rights as shown on the
attached map.
See attached map.
This is a petition to vacate the City's interest in a portion of remnant property purchased in
connection with the development of the area around Maryland ans Jackson.
CI ' OF SAINT PAUL
i
BY I . . i , ,_. 4
„„. or
STATE OF MINNESOTA)
) ss.
COUNTY OF RAMSEY ) 1
The foregoing instrument was acknowledged before me, this 11day of
2002, by -Q 44�' l c4 d , Mayor of the City of Saint Paul, a municipal
corporation under the laws of the State of Minnesota. 1
■ r V /
' JEAN R. KARPE
NOTARY PUBLIC-MINNESOTA Notary Public
My Comm.Expires Jan.31,2005
e
M •
_ Those portions of Lots 27, 28 and 29 of the J.K. Bass Garden Lots Addition
to the City of St. Paul , Minnesota, and that portion of vacated E. Maryland
Avenue, according to. the recorded plat thereof, bounded as follows:
On the North by the South right-of-way line of vacated Hyacinth Avenue,
according to the recorded plat thereof; on the West by the East right-of-way line
of Jackson Street, according to the recorded plat thereof; on the South by the
South line of said vacated E. Maryland Avenue; on the Northeast by a line drawn
from the Northeast corner of Lot 21, Block 1, Ransom's Addition to the City of
St. Paul , Minnesota, according to the recorded plat thereof, to the intersection
of the North right-of-way line of said E. Maryland Avenue with the Northeast
right-of-way line of the hereinafter described Nor Pac Road; also on the
Northeast by a line drawn parallel with and distant 50.0 feet Northeasterly of,
as measured radially to, the centerline of the road easement granted to the City
of St. Paul dated October 13, 1950, for a public service road, connecting said
1 Jackson Street and said E. Maryland Avenue, known as 'Nor Pac Road"; and on the
Southwest by a line drawn parallel with and distant 50.0 feet Northeasterly of,
" m 1 as measured at right angles to, Soo Line's (formerly Minneapolis , St. Paul and
Sault Ste. Marie Railroad Company's) Main Track centerline, as now located and
constructed.
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NOTICE OF PUBLIC HEARING
Notice is hereby given that the petition of the City of Saint
Paul for the vacation of Norpac Road 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 22nd day of
January, 2003 at 5 : 30 P.M.
Dated: December 31, 2002
Shari Moore
Deputy City Clerk
(January 2, 2003)