04-231 (2) Return copy to: (BJE) Council File# lak' 'IA
Real Estate Division
140 City Hall Green Sheet# 3011915
RESOLUTION
OF SAINT PAUL, MINNESOTA 93
Presented By 1 \
Referred To Committee: Date
1 BE IT RESOLVED,that,upon the petition of The Wilder Foundation,as documented in Real Estate
2 Division File Number 23-2003,public property hereinafter described is hereby vacated and discontinued
3 as public property.
4
5 The property to be vacated is described as follows: that part of the West half of Livingston Avenue lying
6 southerly of the westerly extension of the centerline of the alley in Vollmer's Rearrangement and lying
7 northerly of the easterly extension of the South line of Lot 8, Block 87, West St. Paul, Ramsey County.
8
9 This vacation shall be subject to the terms and conditions of Chapter 130,codified March 1, 1981, of the
10 Saint Paul Legislative Code as amended, and to the following conditions:
11
12 1. That the petitioners,their successors and assigns shall pay$1,200.00 as an administrative fee for
13 this vacation which is due and payable within 60 days of the effective date of this resolution.
14
15 2. That,on behalf of the City of Saint Paul,Department of Public Works, a 20-foot wide
16 subterranean easement below 65 feet, city datum, shall be retained for a sanitary sewer
17 interceptor crossing under Livingston Avenue per Book 49, of Plans,page 19;
18
19 3. That,on behalf of the Board of Water Commissioners of the City of Saint Paul,a permanent
20 utility easement shall be retained on,over,under and across the vacated area to reserve the right
21 of the Board to maintain and operate any water facility in, on or upon said easement,and to enter
22 upon said easement or any portion thereof at any time,and from time to time for the purposes of
23 future construction,reconstruction, inspection,maintenance or repair of the same or any part
24 thereof. The said utility easement shall be subject to the following restrictions:
25
26 a. 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
30 b. With written permission from the Saint Paul Regional Water Services,improvements in or
31 upon the above described easement that do not prohibit or limit the full and free exercise by
32 the Saint Paul Regional Water Services of its reserved rights may be allowed, with the
33 understanding that the restoration and costs of such improvements, should the Water Services
34 exercise its easement rights, shall be the sole responsibility of the fee owner,its successors
35 and assigns.
36
Council File#
Green Sheet# 3011915
1 c. Should it be necessary that the petitioner's works or improvements be removed,or should the
2 said works or improvements be damaged as a result of the Saint Paul Regional Water
3 Services' operations,all removal,replacement or modification costs shall be borne solely by
4 the petitioner.
5
6 d. No change from the existing grade within the easement shall be permitted without written
7 permission from the Saint Paul Regional Water Services.
8
9 e. No change in surfacing within the easement area shall be permitted without written
10 permission from the Saint Paul Regional Water Services.
11
12 f. The petitioner,its successors and assigns shall fully indemnify, defend and save harmless the
13 Board of Water Commissioners of the City of Saint Paul,its officers, agents, employees, and
14 servants from all suits, actions or claims that shall arise from any injuries or damages
15 received or sustained by any break in any service pipe,water main, or connection in said
16 reserved easement,arising out of or resulting from any action or negligence of the petitioner,
17 its employees, agents or business invitees.
18
19 4. That easements in favor of Northern States Power Company,d.b.a. Xcel Energy,be dedicated as
20 needed on the new plat.
21
22 5. That the petitioners,their successors and assigns agree to indemnify,defend and save harmless
23 the City of Saint Paul, its officers and employees from all suits, actions or claims of any character
24 brought as a result of injuries or damages received or sustained by any person,persons or
25 property on account of this vacation or petitioners' use of this property, including but not limited
26 to, a claim brought because of any act of omission,neglect, or misconduct of said petitioners or
27 because of any claims or liability arising from any violation of any law or regulation made in
28 accordance with the law,whether by the petitioners or any of their agents or employees.
29
30 6. That the petitioners,their successors and assigns shall,within 60 days of the effective date of this
31 resolution,file with the City Clerk an acceptance in writing of the conditions of this resolution
32 and shall,within the period(s) specified in the terms and conditions of this resolution,comply in
33 all respects with these terms and conditions.
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Council File#
Green Sheet# 3011915
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Yeas [ Nays Absent
Benanav N:/ Requested by Department of:
Bostrom ‘/ I Technology&Management Services
[Harris .■./- I
Helgen 1 '∎ 1 7 ,
Lantry 1 ,/ By: ,.t,,_ _ ., ,,e1 L..o
Montgomery ✓ _ ! va
ru }irector
Thune V✓ Form Approved by City - omey
. I
Adopted by Council: Date a a 51 v4 By: �!.;r 1 - • '
Adoption -I 'fled by Council§ecretary
01,
By: _ //l,% SdxJ _ ".pr. -d by Mayor for Su. 'ss,. o Cr. 1,it
Approv-i1 r.. Mayor: Date 1 A /Pi \
By: ! JW, �
/ - At � „ i/'
Y P. - - y Y:
/. 1 /
NOTICE OF PUBLIC HEARING
Notice is hereby given that the petition of the Amherst H. Wilder Foundation to vacate that part
of Livingston Avenue near George Street as more fully described on file and on record in the
office of the City Clerk of Saint Paul, Minnesota, will be heard and considered by the Saint Paul
City Council at a meeting to be held in the Council Chambers on the 3rd floor of City Hall and
Court House on the 25th day of February, 2004 at 5:30 P.M.
Dated: January 29, 2004
Shari Moore
Deputy City Clerk
(February 2, 2004)
SAINT
PA U I Interdepartmental Memorandum
CITY OF SAINT PAUL
AAAA
TO: All Council Members
FROM: Peter White tA. ' Y feA, , �1
Right of Way Engineer
140 City Hall
DATE: January 28, 2004
SUBJECT: TMS-Real Estate Division Vacation File No. 23-2003
I recommend that a public hearing before the City Council be held on February 25, 2004.
The purpose of this hearing is to consider a resolution to vacate city street right-of-way on
Livingston Avenue near George Street in Saint Paul to facilitate the Wilder Foundation's efforts
to re-plat their Rarig Campus.
This property is located in City Council District 2, Planning District 3.
cc: Shari Moore
City Clerk's Office
170 City Hall
Rts.fw44,, .f,(Ip...i 5004 . 5 ;11
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AA-ADA-EEO Employer
G:\Shared\RE\REAL WPdata\VACATE\Bruce\2003\23.2003\23.2003.HrgRgst.wpd
CITIZEN SERVICE OFFICE
Donald J.Luna,City Clerk
A A[U N L T CITY OF SAINT PAUL 170 City Hall Tel.: 651-266-8989
P
40111 Randy Kelly,Mayor 15 W.Kellogg Boulevard Fax: 651-266-8689
Saint Paul,Minnesota 55102
AMM
mow.
November 7, 2003
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 Amherst H. Wilder Foundation for the vacation of that part of Livingston Avenue as described in
the attached plat thereof on file and of record in the Office of the Saint Paul City Clerk.
Sincerely,
Shari Moore
Deputy City Clerk
Attachments
AA-ADA-EEO Employer
SAINT
PAUL
Ahht
AAA*
prorrit
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 property(ies)legally described as follows:
"Thoth patf of Wes+ Ira I{ of Livl'Irl.oys n 4vteFtuo �iv<� soothcclj
D w-e o b-( +kQ CQ vt-I-t 4 Li vk..¢. e1 LQ a 1 h
\Jo l 1 vvu ftt unn way V 4JAk - axel. "i 1,,p3 n ✓l-bu t-�.� �j L4 t& e g41-ei-l-c�.
ex-kiAsi(ro 01 4tAk S crirti, lira oa- Lot g �BIbc- 0J SI . Rua 12awt.(
I(we)request this vacation for the following reason(s). (Indicate whether you will be building on the site.) o
No 5`Fve 11nis acres. ati d Lkm tJe5-4 hall 9 ` 1,
p o1-h o v1 of L'l Avtc)sil v< i4 o-e trst 15 ttititl ems o C_e.0 r,a.(,„,,r-r,
►2u Cuvnr uS . -The re am vto oi Id.-ivtcj n1aRS f, r -Kt s,-k •
I (we)have attached six copies of the site plans of any development intended for construction on the lands to be vacated.
Person(s) responsible for payment of vacation fee
and for acceptance of the terms and conditions of
Contact Person the vacation:
(nMocJ�4 Kai,,II �f aA IvvtQ�v
Name: C yv ct L. �a.uvvt--nv1 Name: +-Ir"hers'{ n . �i�4-�� 10 q+ b'vi
Phone: C951 - (0452. Phone: (e5 1- ( 5-a — laoll-1-
Address: Bt,i,)G c, 5uN Address: el 19 L€ -evd 4i
•
W 200 ✓s± Mall cukit 11Id45 S+ . Paid 111 S5I
5-F . ? v iN 5S101
Alternate Contact Person
Name: e {• 1 e Name:
Phone: 952-S90 - 0309 Phone:
Address: 1 o 1--,,t -1 YYle v�k ��C- Address:
15 -HtAni 13
}3orRsviL►e 11111 5533
Name:
Phone:
Address:
Name:
Phone:
Address:
Signatures of Owner(s)/Representative(s) of Property(ies) Described Below:
-T1U- p vcrxxtzi a bu ffi -114-e po-t-k
of Li to frt S h n h oLe • h va Ca d
15 Ouittied h tke Alvtiwt f .
aUfridthOli . TA-A a/balliq
P‘A4-v j 5 %o r eM S
C Y frtlt i L J a V ►1 a t , Aw(tie, sl IT W b^ • '''1 on ,
, 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 this petition was signed in my presence by the person described in the petition.
Subscribed and sworn to before me this
day of ` e`e,,e.,"�i`�v , 200
Perrone t Not y
My commission expires
-' ` �Y�11A L ERICKSON b,
-;:',:,.:I%%OW fir ,.'
• r asst §
2200 FIRST NATIONAL BANK BUILDING
332 MINNESOTA STREET
SAINT PAUL, MINNESOTA 55101
TELEPHONE (651) 808-6600
B R I GG S AND M O R GAN FACSIMILE (651) 808-6450
PROFESSIONAL ASSOCIATION WRITER'S DIRECT DIAL
(651) 808-6452
WRITER'S E-MAIL
)4a3-11 , ,-. cbaumann@ briggs.com
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BRIGGS AND MORGAN
City Clerk
November 5, 2003
Page 2
easement on the face of the plat. Again, I understand that the Real Estate Division is in support
of this release.
Obtaining approval of the requested street vacation and contingent easement release are
the final steps for completing the plat of the Rarig Campus. All parties are anxious to resolve
these issues so the plat can be finalized and the deeds from Wilder to HealthEast for portions of
the Rarig Campus can be recorded.
Please call me if you have any questions or if you need any additional information.
Sincerely,
ov.,46„00,____
Cynthia L. Baumann
CLB:se
Enclosure
1533980v1
Baumann, Cynthia L.
From: Terri Vasquez [terri.vasquez @ci.stpaul.mn.us]
Sent: Friday, May 23, 2003 8:28 AM
To: Baumann, Cynthia L.
Subject: RE: Vacation of part of Livingston Ave.
Yes. When I sent the preliminary review around, it included the map that
you had sent me, which indicated only the 1/2 of Livingston being requested.
At 08:23 AM 5/23/2003, you wrote:
>Terri:
>Thanks for the email. I just want to clarify that it is acceptable
>that we vacate only the 1/2 portion (east half) of Livingston that
>accrues to the Rarig campus. Cindy
> Original Message
>From: Terri Vasquez [mailto:terri.vasquez @ci.stpaul.mn.us]
>Sent: Friday, May 23, 2003 8:16 AM
>To: Baumann, Cynthia L.
>Subject: Vacation of part of LIvingston Ave.
>Cindy,
>I routed this request around to various departments within Public Works
>for a preliminary review and it appears that there would be no
>objection from
>Public Works if you choose to proceed with a formal request for vacation
>of
>this property.
>If you have any other questions, please call me at (651) 266-6128.
>Terri Vasquez
>Tech I
>Dept. of Public Works
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