02-76 (2) Page 1 of 1
Shari Moore - CF#02-76 MPR vac. of 9th St.
From: Linda Murphy<linda.murphy @ci.stpaul.mn.us>
To: <shari.moore @ci.stpaul.mn.us>
Date: 5/16/2002 1:04 PM
Subject: CF # 02-76 MPR vac. of 9th St.
CC: <peter.white @ci.stpaul.mn.us>, <juan.ortiz @ci.stpaul.mn.us>,
<earl.carlson @ci.stpaul.mn.us>, <bruce.engelbrekt @ci.stpaul.mn.us>
22-2001 9th Street (MPR) Juan : Approved CF# 02-76. TWO YR COMPLIANCE !!!
Shari,just an update:
You sent me a memo that the acceptance and fee have been filed so I had the map drawn
up. One condition of the vacation is that it not be recorded until they have been approved
for building permits or 2 years, whichever comes first. They haven't submitted plans yet and
are a long way from approval, so I will hold onto the drawing until they have an approved
site plan.
Linda Murphy
Public Works Right-of-Way Technician
800 City Hall Annex
25 W. 4th Street
Saint Paul, MN 55102
Ph# 651-266-6127
Fax# 651-298-4559
CITIZEN SERVICE OFFICE
Donald J.Luna,City Clerk
.
s �
P A u L CITY OF SAINT PAUL 170 City Hall Tel.: 651-266-8989
4 Randy Kelly,Mayor 15 W.Kellogg Boulevard Fax: 651-266-8689
Saint Paul,Minnesota 55102
AIM
roar
May 7, 2002
Linda Murphy
Department of Public Works
Room 800, City Hall Annex
Dear Linda:
Please prepare prints showing the vacation of that part of 9th Street in the City of St. Paul as fully
described in Council File 02-76.
Please be advised that the necessary acceptance and fee have been filed.
Sincerely,
PT 7 - - ,
Shari Moore
Deputy City Clerk
cc: Valuation Engineer
Technology and Management Services File No.22-2001
• Return copy to:jao ouncil File# 0,�-�4,
Real Estate Division ---Sk•■•A.3:3 9410 a..
140 City Hall � Green Sheet#
RESOLUTION Am -
CITY OF SAINT PAUL, MINNESOTA
Presented By
Referred To Committee: Date
1 BE IT RESOLVED, that,upon the petition of Minnesota Public Radio (MPR), as documented in Real
2 Estate Division File Number 2001-22, public properties hereinafter described are hereby vacated and
3 discontinued as public property:
4
5 The property to be vacated (the Vacation Area) is described as follows:
6
7 See Attached Map & Description in Exhibit"A"
8
9
10 This vacation shall be subject to the terms and condition of Chapter 13.0, codified March 1, 1981, of.the
11 Saint Paul Legislative Code as amended, and to the following conditions:
12
13
14 1. That the petitioner, its successors and assigns shall pay$500.00 as an administrative fee for this
15 vacation which is due and payable within 60 days of the effective date of this resolution.
16
17
18 2. That the vacation shall not be effective and this resolution shall not be filed for recording with
19 the County until the petitioner is ready to pull permits and begin said reconstruction. Until that • -
20 time, Ninth Street shall remain as it currently is and continue to be treated as a public street in all
21 respects.
22
23 That a permanent utility easement shall be retained on, over,under and across the vacation area on
24 behalf of the City of Saint Paul, Department of Public Works to reserve the right of the City to
25 maintain and operate any sewer in or upon said easement area and to enter upon said easement or
26 any portion thereof at any time and from time to time, for the purposes of future construction,
27 reconstruction, inspection, maintenance, or repair of the same or, any part thereof. Said utility
28 easement shall be subject to the following conditions:
29
30 a. No buildings, structures,trees or any temporary structure, material storage, fixture, or any
31 other objects which may prohibit normal access to utility facilities for maintenance purposes will be
32 permitted within the easement area provided that the foregoing does not prohibit paved surfaces.
33
34
•
•
oa—'l�
1 b. 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 Department
3 of Public Works Sewer Division with the understanding that the restoration and costs of such
4 improvements shall be the sole responsibility of the petitioner,its successors and assigns in the event
5 the City exercises its reserved easement rights.
6
7 c. Should it be necessary that the petitioner's works or improvements be removed or damaged
8 as a result of the Department of Public Works operations,all removal,replacement or modification
9 costs shall be borne solely by the petitioner.
10
11 d. No change from the existing grade within the easement area shall be permitted without
12 written permission from the Department of Public Works Sewer Division.
13
14 e. No change in surfacing within the easement area shall be permitted without written
15 permission from the Department of Public Works Sewer Division.
16
17 f. The petitioner, its successors and assigns shall fully indemnify, defend, and save harmless
18 the City of Saint Paul,its officers, agents,employees,and servants from all suits, actions, or claims
19 which shall arise from any injuries or damages received or sustained by any break in any service pipe
20 or connection in said reserved easement arising out of or resulting from any action or negligence of
21 the petitioner, its employees, agents, or business invitees.
22
23 That a turn-around for the remaining portion of Ninth Street sufficient for the traffic needs of the
24 abutting property owners shall be constructed to the satisfaction of the Department of Public Works.
25
26 That the petitioner shall be responsible for all abandonment and/or reconstruction of utilities within
27 Ninth Street;reconstruction of Ninth Street and the intersections of Ninth with Cedar and Ninth with
28 Minnesota; removal or placement of street lights and signs,all of which are necessary due to this
29 vacation, and all to be accomplished to the satisfaction of the Department of Public Works.
30
31 That after this vacation becomes effective, the petitioner, and/or its successors and
32 assigns, shall be responsible for snow removal, salting and sanding the remaining portion of
33 Ninth Street (not including the sidewalks adjacent thereto)between Cedar and Minnesota Streets
34 for as long as such remaining portion is used as a public street. The petitioner shall hire its own
35 maintenance contractor to the extent petitioner deems necessary. The petitioner, and/or its
uccGssors & assigns shall be responsible for any and all costs associated with snow removal,
5 salting and sanding as required herein.
37 That the petitioner shall meet with the abutting property owners over the next year and work with
38 them to obtain a valid petition for vacating the remaining portion of Ninth street between Cedar and
39 Minnesota Streets,provided said property owners can come to a consensus.
40
41
42 3. That a permanent utility easement shall be retained on, over,under and across the vacated area on
43 behalf of the Board of Water Commissioners of the City of Saint Paul to reserve the right of the
44 Board to maintain and operate any water facility in or upon said easement and to enter upon said
45 easement, or any portion thereof, at any time and from time to time, for the purposes of future
46 construction,reconstruction,inspection,maintenance or repair of the same or any pert thereof. Said
47 utility easement shall be subject to the following conditions:
48
1 a. No buildings,structures,trees or any temporary structure,material storage,fixture, or other
2 or any objects which may prohibit normal access to water facilities for maintenance purposes
3 will be permitted within the easement area.
4
5 b. Improvements in or upon the above described easement that do not prohibit the Board from
6 exercising its reserved rights may be allowed by obtaining written permission from Saint
7 Paul Regional Water Services with the understanding that the restoration and costs of such
8 improvements shall be the sole responsibility of petitioner,its successors and assigns in the
9 event the Board exercises its reserved easement rights.
10
11 c. Should it be necessary that the petitioner's works or improvements be removed or damaged
12 as a result of the Saint Paul Regional Water Services operations, all removal, replacement
13 or modification costs shall be borne solely by the petitioner.
14
15 d. No change from the existing grade within the easement area shall be permitted without
16 written permission from the Saint Paul Regional Water Services.
17
18 e. No change in surfacing within,the easement area shall be permitted without written
19 permission from the Saint Paul Regional Water Services.
20
21 f. The petitioner, its successors and assigns shall fully indemnify, defend and save harmless
22 the Board of Water Commissioners or the City of Saint Paul,its officers,agents,employees,
23. and servants from all suits, action or claims which shall arise from any injuries or damages
24 received or sustained by any break in any service pipe, water main, or connection in said
25 reserved easement,arising out of or resulting from any action or negligence of the petitioner,
26 its employees, agents or business invitees.
27
28
29 4. That a permanent utility easement shall be retained within the vacated area to protect the interest
30 of Qwest Communications, Inc.
31
32
33 5. That the following conditions be followed as stated by St. Paul Fire&Safety:
34
35 a. Petitioner will reinforce and upgrade the structure of MPR Drive(the alley immediately east
36 of the existing MPR building)to handle emergency vehicle weights. The existing structure
37 has been reviewed and can be reinforced to meet loading requirements to provide safe access
38 to Seventh Street.
39
40 b. The specified 12-foot width and required turning radius for City emergency vehicles will be
41 maintained on MPR Drive to provide safe access to Seventh Street.
42
43 c. A fire hydrant will be provided at the end of Ninth Street on the cul-de-sac created by the
44 street closure. MPR will work with Public Works and the Water Department to assure the
45 relocated water main provides appropriate water pressures to Ninth Street.
46
47 d. Petitioner will have all utility relocation work is completed prior to the closure of Ninth
48 Street at Cedar Street and have emergency vehicle access during the relocation work.
49
50 .
51
. 0a -1c,
1 6. That a permanent utility easement shall be retained within the vacated area to protect the interest
2 of A.T. &T. Broadband, Inc.
3
4 7. That a permanent utility easement shall be retained on, over, under and across the vacated area to
5 protect the interest of District Energy of Saint Paul. Compensation for and full relocation costs to
6 be paid will be incurred by the petitioner,this includes routing small bore pipe from Cedar Street to
7 Minnesota Street on Ninth Street and including service to the existing MPR building.The relocation
8 of any facilities must be coordinated to minimize system downtime because of service disruptions
9 to other customers.
10 8. That the Petitioner shall actively participate with the Saint Paul on the Mississippi
11 Design Center in a collaborative review and evaluation of all plans for improvements
to be constructed in the vacated area.
12 87 9. That the pethioner its successors and assigns agrees to indemnify,defend and save harmless the City
13 of Saint Paul, its officers and employees from all suits, actions or claims of any character brought
14 as a result of injuries or damages received or sustained by any person,persons or property on account
15 of this vacation or petitioners' use of this property, including but not limited to, a claim brought
16 because of any act of omission,neglect, or misconduct of said petitioners or because of any claims
17 or liability arising from any violation of any law or regulation made in accordance with the law,
18 whether by the petitioners or any of its agents or employees.
19
20
21 -97. 10.That the vacation resolution shall not be filed and recorded with Ramsey County until two years
22 from the date of the Council resolution and the petitioner has received permits, whichever occurs
. 23 first. Until such time, Ninth Street shall remain a public right-of-way.
24
25 That if the petitioner fails to commence construction within three years of the date of the Council
26 Resolution, the vacated property shall revert back to the City as a public-right-of-way.
27
28
29 -10-11•That the petitioners, its successors and assigns shall, within 60 days of the effective date of this
30 resolution,file with the City Clerk an acceptance in writing of the conditions of this resolution and
31 shall, within the period(s) specified in the terms and conditions of this resolution, comply in all
32 respects with these terms and conditions. .
Yeas Na s Absent
Benanav ��I I Requested by Depa.luient of:
Blake w� Technology&Management Services
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Coleman ,✓
Harris ✓ By:
Lant !/ Director
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MINNESOTA PUBLIC RADIO mpr) THOMAS 1 K/6/N
Executive Vice President
Chief Administrative Officer
General Counsel
RECEIVED
March 15, 2002 MAR 18 2002
MAYOR'S OFF!LE
To the Honorable Mayor Randy Kelly
The Saint Paul City Council
170 City Hall
15 West Kellogg Boulevard
Saint Paul, MN 55102
Dear Mayor Kelly and Council Members:
On behalf of the petitioner, I hereby accept and agree to comply with the terms and
conditions of Council File No. 02-76, adopted by the City Council on January 23, 2002,
and approved by the Mayor on January 25, 2002.
Sincerely,
.7 7/(AMU1 J /C . -
Thomas J Kigin
Executive Vice President
Enclosure
ft/Minnesota Public Radio/Capital Project 2000/Street Vacation/Accept Terms&Conditions.doc/TJK:kt
45 EAST SEVENTH STREET SAINT PAUL MINNESOTA 55101-2274
telephone 651.290.1553 facsimile 651.290.1243 wehsite • http:i/www.mpr.arg
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4
CITIZEN SERVICE OFFICE
Donald J.Luna,City Clerk
S A A[U"L r
P CITY OF SAINT PAUL
170 City Hall Tel.: 651-266-8989
Randy Kelly,Mayor 15 W.Kellogg Boulevard Fax: 651-266-8689
Saint Paul,Minnesota 55102
AAA*
January 29, 2002
Minnesota Public Radio
45 East Seventh Street
Saint Paul,MN 55101
Attn: Thomas Kigin
Dear Petitioners:
Enclosed is a copy of Council File 02-76 which was adopted by the City Council on January 23,2002.
The resolution provides for the vacation of that part of 9th Street as more fully described in the attached
resolution.
The Ordinance pertaining to vacations requires that the compensation specified in the resolution must
be paid within sixty(60)days after adoption of the resolution.
Also enclosed is an acceptance of the terms of the resolution which must be signed and filed here within
said time.
Sincerely,
' tip 74YeMee
Shari Moore
Deputy City Clerk
cc: Valuation Engineer- Technology and Management Services File No. 22-2001
Enc.
CITIZEN SERVICE OFFICE
Donald J.Luna,City Clerk
SP AIA UN LT L CITY OF SAINT PAUL, 170 City Hall Tel.: 651-266-8989
Randy Kelly,Mayor 15 W.Kellogg Boulevard Fax: 651-266-8689
ti* Saint Paul,Minnesota 55102
MIMI
mow.
•
January 29, 2002
. Minnesota Public Radio
45 East Seventh Street
Saint Paul, MN 55101
Attn: Thomas Kigin
Dear Petitioners:
Enclosed is a copy of Council File 02-76 which was adopted by the City Council on January 23, 2002.
The resolution provides for the vacation of that part of 9th Street as more fully described in the attached
resolution.
The Ordinance pertaining to vacations requires that the compensation specified in the resolution must
be paid within sixty (60) days after adoption of the resolution.
Also enclosed is an acceptance of the terms of the resolution which must be signed and filed here within
said time.
Sincerely,
7Y6/di-ee
Shari Moore
Deputy City Clerk
cc: Valuation Engineer- Technology and Management Services File No. 22-2001
Enc.
Saint Paul, Minnesota
January 29, 2002
To the Honorable, the City Council
•
Saint Paul, Minnesota
Dear Council Members:
I, the undersigned petitioner, hereby accept and agree to comply with the terms and conditions of
Council File No. 02-76, adopted by the City Council on January 23, 2002, and approved by the
Mayor on January 25, 2002.
Return copy to: jao c 1 File# —(2(P
Real Estate Division
140 City Hall 0-r Green Sheet# 1 $8^0
RESOLUTION -
CITY OF SAINT PAUL, MINNESOTA
Presented By 04"--1 ,
Referred To / Committee: Date
1 BE IT RESOLVED, that, upon the petition of Minnesota Public Radio (MPR), as documented in Real
• 2 Estate Division File Number 2001-22, public properties hereinafter described are hereby vacated and
3 discontinued as public property:
4
5 The property to be vacated (the Vacation Area) is described as follows:
6
7 See Attached Map & Description in Exhibit"A"
8
9
10 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the
11 Saint Paul Legislative Code as amended, and to the following conditions:
12
13
14 1. That the petitioner, its successors and assigns shall pay$500.00 as an administrative fee for this
15 vacation which is due and payable within 60 days of the effective date of this resolution.
16
17
18 2. That the vacation shall not be effective and this resolution shall not be filed for recording with
19 the County until the petitioner is ready to pull permits and begin said reconstruction. Until that
20 time, Ninth Street shall remain as it currently is and continue to be treated as a public street in all
21 respects.
22
23 That a permanent utility easement shall be retained on, over,under and across the vacation area on
24 behalf of the City of Saint Paul, Department of Public Works to reserve the right of the City to
25 maintain and operate any sewer in or upon said easement area and to enter upon said easement or
26 any portion thereof at any time and from time to time, for the purposes of future construction,
27 reconstruction, inspection, maintenance, or repair of the same or, any part thereof. Said utility
28 easement shall be subject to the following conditions:
29
30 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any
31 other objects which may prohibit normal access to utility facilities for maintenance purposes will be
32 permitted within the easement area provided that the foregoing does not prohibit paved surfaces.
33
34
o a-'l(0
1 b. 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 Department
3 of Public Works Sewer Division with the understanding that the restoration and costs of such
4 improvements shall be the sole responsibility of the petitioner,its successors and assigns in the event
5 the City exercises its reserved easement rights.
6
7 c. Should it be necessary that the petitioner's works or improvements be removed or damaged
8 as a result of the Department of Public Works operations, all removal,replacement or modification
9 costs shall be borne solely by the petitioner.
10
11 d. No change from the existing grade within the easement area shall be permitted without
12 written permission from the Department of Public Works Sewer Division.
13
14 e. No change in surfacing within the easement area shall be permitted without written
15 permission from the Department of Public Works Sewer Division.
16
17 f. The petitioner, its successors and assigns shall fully indemnify, defend, and save harmless
18 the City of Saint Paul,its officers, agents,employees, and servants from all suits, actions, or claims
19 which shall arise from any injuries or damages received or sustained by any break in any service pipe
20 or connection in said reserved easement arising out of or resulting from any action or negligence of
21 the petitioner, its employees, agents, or business invitees.
22
23 That a turn-around for the remaining portion of Ninth Street sufficient for the traffic needs of the
24 abutting property owners shall be constructed to the satisfaction of the Department of Public Works.
25
26 That the petitioner shall be responsible for all abandonment and/or reconstruction of utilities within
27 Ninth Street;reconstruction of Ninth Street and the intersections of Ninth with Cedar and Ninth with
28 Minnesota; removal or placement of street lights and signs, all of which are necessary due to this
29 vacation, and all to be accomplished to the satisfaction of the Department of Public Works.
30 --
31 That after this vacation becomes effective, the petitioner, and/or its successors and
32 assigns, shall be responsible for snow removal, salting and sanding the remaining portion of
33 Ninth Street (not including the sidewalks adjacent thereto) between Cedar and Minnesota Streets
34 for as long as such remaining portion is used as a public street. The petitioner shall hire its own
35 maintenance contractor to the extent petitioner deems necessary. The petitioner, and/or its
succ �sors & assigns shall be responsible for any and all costs associated with snow removal,
5 salting and sanding as required herein.
37 That the petitioner shall meet with the abutting property owners over the next year and work with
38 them to obtain a valid petition for vacating the remaining portion of Ninth street between Cedar and
39 Minnesota Streets, provided said property owners can come to a consensus.
40
41
42 3. That a permanent utility easement shall be retained on, over,under and across the vacated area on
43 behalf of the Board of Water Commissioners of the City of Saint Paul to reserve the right of the
44 Board to maintain and operate any water facility in or upon said easement and to enter upon said
45 easement, or any portion thereof, at any time and from time to time, for the purposes of future
46 construction,reconstruction,inspection,maintenance or repair of the same or any pert thereof. Said
47 utility easement shall be subject to the following conditions:
48
oa-" tp
1 a. No buildings, structures,trees or any temporary structure,material storage,fixture, or other
2 or any objects which may prohibit normal access to water facilities for maintenance purposes
3 will be permitted within the easement area.
4
5 b. Improvements in or upon the above described easement that do not prohibit the Board from
6 exercising its reserved rights may be allowed by obtaining written permission from Saint
7 Paul Regional Water Services with the understanding that the restoration and costs of such
8 improvements shall be the sole responsibility of petitioner,its successors and assigns in the
9 event the Board exercises its reserved easement rights.
10
11 .c. Should it be necessary that the petitioner's works or improvements be.removed or damaged
12 as a result of the Saint Paul Regional Water Services operations, all removal, replacement
13 or modification costs shall be borne solely by the petitioner.
14
15 i. No change from the existing grade within the easement area shall be permitted without
16 written permission from the Saint Paul Regional Water Services.
17
18 e. No change in surfacing within the easement area shall be permitted without written
19 permission from the Saint Paul Regional Water Services.
20
21 f. The petitioner, its successors and assigns shall fully indemnify, defend and save harmless
22 the Board of Water Commissioners or the City of Saint Paul,its officers,agents,employees,
23 and servants from all suits, action or claims which shall arise from any injuries or damages
24 received or sustained by any break in any service pipe, water main, or connection in said
25 reserved easement,arising out of or resulting from any action or negligence of the petitioner,
26 its employees, agents or business invitees.
27
28
29 4. That a permanent utility easement shall be retained within the vacated area to protect the interest
30 of Qwest Communications, Inc.
31
32
33 5. That the following conditions be followed as stated by St. Paul Fire & Safety:
34
35 a. Petitioner will reinforce and upgrade the structure of MPR Drive(the alley immediately east
36 of the existing MPR building) to handle emergency vehicle weights. The existing structure
37 has been reviewed and can be reinforced to meet loading requirements to provide safe access
38 to Seventh Street.
39
40 b. The specified 12-foot width and required turning radius for City emergency vehicles will be
41 maintained on MPR Drive to provide safe access to Seventh Street.
42
43 c. A fire hydrant will be provided at the end of Ninth Street on the cul-de-sac created by the
44 street closure. MPR will work with Public Works and the Water Department to assure the
45 relocated water main provides appropriate water pressures to Ninth Street.
46
47 d. Petitioner will have all utility relocation work is completed prior to the closure of Ninth
48 Street at Cedar Street and have emergency vehicle access during the relocation work.
49
50 .
51
oa -pc,
1 6. That a permanent utility easement shall be retained within the vacated area to protect the interest
2 of A.T. &T. Broadband, Inc.
3
4 7. That a permanent utility easement shall be retained on, over, under and across the vacated area to
5 protect the interest of District Energy of Saint Paul. Compensation for and full relocation costs to
6 be paid will be incurred by the petitioner,this includes routing small bore pipe from Cedar Street to
7 Minnesota Street on Ninth Street and including service to the existing MPR building.The relocation
8 of any facilities must be coordinated to minimize system downtime because of service disruptions
9 to other customers.
10 8. That the Petitioner shall actively participate with the Saint Paul on the Mississippi
11 Design Center in a collaborative review and evaluation of all plans for improvements
to be constructed in the vacated area.
12 8:- 9. That the petitioner its successors and assigns agrees to indemnify,defend and save harmless the City
13 of Saint Paul, its officers and employees from all suits, actions or claims of any character brought
14 as a result of injuries or damages received or sustained by any person,persons or property on account
15 of this vacation or petitioners' use of this property, including but not limited to, a claim brought
16 because of any act of omission,neglect, or misconduct of said petitioners or because of any claims
17 or liability arising from any violation of any law or regulation made in accordance with the law,
18 whether by the petitioners or any of its agents or employees.
19
20
21 -9:- 10.That the vacation resolution shall not be filed and recorded with Ramsey County until two years
22 from the date of the Council resolution and the petitioner has received permits, whichever occurs
23 first. Until such time, Ninth Street shall remain a public right-of-way.
24
25 That if the petitioner fails to commence construction within three years of the date of the Council
26 Resolution, the vacated property shall revert back to the City as a public-right-of-way.
27
28
29 -1@-11•That the petitioners, its successors and assigns shall, within 60 days of the effective date of this
30 resolution,file with the City Clerk an acceptance in writing of the conditions of this resolution and
31 shall, within the period(s) specified in the terms and conditions of this resolution, comply in all
32 respects with these terms and conditions. •
•
Yeas Na s Absent
Benanav Requested by Department of:
Blake Technology&Management Services
Bostrom ,/ 0
Coleman ,/ 0
Harris By:
Lant Director
Reiter II0 Form A. , ove• k Attorney
Adopted by r ■uncil: Date ` ._.. _ By: `' 0%
Adoption C ed by Council.ecretary
By: • - - - ppro ed by Mayor for Submission to Council
Approved ayor: Date A r�
By: i� / 44 1 /'■•ty By:
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Real Estate Division �°� a� 3ooa,
140 City Hall &rN. Green Sheet# t► j $g'p
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented By 64-1 U..`■
Referred To / Committee: Date
dMPv
1 BE IT RESOLVED, that, upon the petition of Minnesota Public Radio (MPR), as documented in Real
2 Estate Division File Number 2001-22, public properties hereinafter described are hereby vacated and
3 discontinued as public property:
4
5 The property to be vacated (the Vacation Area) is described as follows:
6
7 See Attached Map & Description in Exhibit"A"
8
9
10 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the
11 Saint Paul Legislative Code as amended, and to the following conditions:
12
13
14 1. That the petitioner, its successors and assigns shall pay$500.00 as an administrative fee for this
15 vacation which is due and payable within 60 days of the effective date of this resolution.
16
17
18 2. That the vacation shall not be effective and this resolution shall not be filed for recording with
19 _ the County until the petitioner is ready to pull permits and begin said reconstruction. Until that
20 time, Ninth Street shall remain as it currently is and continue to be treated as a public street in all
21 respects.
22
23 That a permanent utility easement shall be retained on, over,under and across the vacation area on
24 behalf of the City of Saint Paul, Department of Public Works to reserve the right of the City to
25 maintain and operate any sewer in or upon said easement area and to enter upon said easement or
26 any portion thereof at any time and from time to time, for the purposes of future construction,
27 reconstruction, inspection, maintenance, or repair of the same or, any part thereof. Said utility
28 easement shall be subject to the following conditions:
29
30 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any
31 other objects which may prohibit normal access to utility facilities for maintenance purposes will be
32 permitted within the easement area provided that the foregoing does not prohibit paved surfaces.
33
34
o a.-'1(0
1 b. 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 Department
3 of Public Works Sewer Division with the understanding that the restoration and costs of such
4 improvements shall be the sole responsibility of the petitioner,its successors and assigns in the event
5 the City exercises its reserved easement rights.
6
7 c. Should it be necessary that the petitioner's works or improvements be removed or damaged
8 as a result of the Department of Public Works operations,all removal,replacement or modification
9 costs shall be borne solely by the petitioner.
10
11 d. No change from the existing grade within the easement area shall be permitted without
12 written permission from the Department of Public Works Sewer Division.
13
14 e. No change in surfacing within the easement area shall be permitted without written
15 permission from the Department of Public Works Sewer Division.
16
17 f. The petitioner, its successors and assigns shall fully indemnify, defend, and save harmless
18 the City of Saint Paul,its officers, agents,employees, and servants from all suits, actions,or claims
19 which shall arise from any injuries or damages received or sustained by any break in any service pipe
20 or connection in said reserved easement arising out of or resulting from any action or negligence of
21 the petitioner, its employees, agents, or business invitees.
22
23 That a turn-around for the remaining portion of Ninth Street sufficient for the traffic needs of the
24 abutting property owners shall be constructed to the satisfaction of the Department of Public Works.
25
26 That the petitioner shall be responsible for all abandonment and/or reconstruction of utilities within
27 Ninth Street;reconstruction of Ninth Street and the intersections of Ninth with Cedar and Ninth with
28 Minnesota; removal or placement of street lights and signs, all of which are necessary due to this
29 vacation, and all to be accomplished to the satisfaction of the Department of Public Works.
30
31 That after this vacation becomes effective, the petitioner, and/or its successors and
32 assigns, shall be responsible for snow removal, salting and sanding the remaining portion of
33 Ninth Street (not including the sidewalks adjacent thereto) between Cedar and Minnesota Streets
34 for as long as such remaining portion is used as a public street. The petitioner shall hire its own
35 maintenance contractor to the extent petitioner deems necessary. The petitioner, and/or its
successors & assigns shall be responsible for any and all costs associated with snow removal,
S salting and sanding as required herein.
37 That the petitioner shall meet with the abutting property owners over the next year and work with
38 them to obtain a valid petition for vacating the remaining portion of Ninth street between Cedar and
39 Minnesota Streets, provided said property owners can come to a consensus.
40
41
42 3. That a permanent utility easement shall be retained on, over, under and across the vacated area on
43 behalf of the Board of Water Commissioners of the City of Saint Paul to reserve the right of the
44 Board to maintain and operate any water facility in or upon said easement and to enter upon said
45 easement, or any portion thereof, at any time and from time to time, for the purposes of future
46 construction,reconstruction,inspection,maintenance or repair of the same or any pert thereof. Said
47 utility easement shall be subject to the following conditions:
48
oa•�4o
1 a. No buildings, structures,trees or any temporary structure,material storage,fixture, or other
2 or any objects which may prohibit normal access to water facilities for maintenance purposes
3 will be permitted within the easement area.
4
5 b. Improvements in or upon the above described easement that do not prohibit the Board from
6 exercising its reserved rights may be allowed by obtaining written permission from Saint
7 Paul Regional Water Services with the understanding that the restoration and costs of such
8 improvements shall be the sole responsibility of petitioner,its successors and assigns in the
9 event the Board exercises its reserved easement rights.
10
11 c. Should it be necessary that the petitioner's works or improvements be removed or damaged
12 as a result of the Saint Paul Regional Water Services operations, all removal, replacement
13 or modification costs shall be borne solely by the petitioner.
14
• 15 d. No change from the existing grade within the easement area shall be permitted without
16 written permission from the Saint Paul Regional Water Services.
17
18 e. No change in surfacing within the easement area shall be permitted without written
19 permission from the Saint Paul Regional Water Services.
20
21 f. The petitioner, its successors and assigns shall fully indemnify, defend and save harmless
22 the Board of Water Commissioners or the City of Saint Paul,its officers,agents,employees,
23 and servants from all suits, action or claims which shall arise from any injuries or damages
24 received or sustained by any break in any service pipe, water main, or connection in said
25 reserved easement,arising out of or resulting from any action or negligence of the petitioner,
26 its employees, agents or business invitees.
27
28
29 4. That a permanent utility easement shall be retained within the vacated area to protect the interest
30 of Qwest Communications, Inc.
31
32
33 5. That the following conditions be followed as stated by St. Paul Fire & Safety:
34
35 a. Petitioner will reinforce and upgrade the structure of MPR Drive(the alley immediately east
36 of the existing MPR building) to handle emergency vehicle weights. The existing structure
37 has been reviewed and can be reinforced to meet loading requirements to provide safe access
38 to Seventh Street_
39
40 b. The specified 12-foot width and required turning radius for City emergency vehicles will be
41 maintained on MPR Drive to provide safe access to Seventh Street.
42
43 c. A fire hydrant will be provided at the end of Ninth Street on the cul-de-sac created by the
44 street closure. MPR will work with Public Works and the Water Department to assure the
45 relocated water main provides appropriate water pressures to Ninth Street.
46
47 d. Petitioner will have all utility relocation work is completed prior to the closure of Ninth
48 Street at Cedar Street and have emergency vehicle access during the relocation work.
49
50 .
51
oa -'1 (P
1 6. That a permanent utility easement shall be retained within the vacated area to protect the interest
2 of A.T. &T. Broadband, Inc.
3
4 7. That a permanent utility easement shall be retained on, over, under and across the vacated area to
5 protect the interest of District Energy of Saint Paul. Compensation for and full relocation costs to
6 be paid will be incurred by the petitioner,this includes routing small bore pipe from Cedar Street to
7 Minnesota Street on Ninth Street and including service to the existing MPR building.The relocation
8 of any facilities must be coordinated to minimize system downtime because of service disruptions
9 to other customers.
10 8. That the Petitioner shall actively participate with the Saint Paul on the Mississippi
11 Design Center in a collaborative review and evaluation of all plans for improvements
to be constructed in the vacated area.
12 8.- 9. That the pelf fioner its successors and assigns agrees to indemnify,defend and save harmless the City
13 of Saint Paul, its officers and employees from all suits, actions or claims of any character brought
14 as a result of injuries or damages received or sustained by any person,persons or property on account
• 15 of this vacation or petitioners' use of this property, including but not limited to, a claim brought
16 because of any act of omission, neglect, or misconduct of said petitioners or because of any claims
17 or liability arising from any violation of any law or regulation made in accordance with the law,
18 whether by the petitioners or any of its agents or employees.
19
20
21 -9.- 10.That the vacation resolution shall not be filed and recorded with Ramsey County until two years
22 from the date of the Council resolution and the petitioner has received permits, whichever occurs
23 first. Until such time, Ninth Street shall remain a public right-of-way.
24
25 That if the petitioner fails to commence construction within three years of the date of the Council
26 Resolution, the vacated property shall revert back to the City as a public-right-of-way.
27
28
29 -10-11•That the petitioners, its successors and assigns shall, within 60 days of the effective date of this
30 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution and
31 shall, within the period(s) specified in the terms and conditions of this resolution, comply in all
32 respects with these terms and conditions.
Yeas Na s Absent
Benanav ��0 Requested by Department of:
Blake IIIPAPil Technology &Management Services
Bostrom ,/
Coleman ,/
Harris ✓ By:
Lant IIIIIIi 0 Director
Reiter 00 IMME Form A live. ► `' Attorney
C -1 i'-M ir�
111 .
Adopted -
Adopted by r suncil: Date ` ._.∎ _ 0 o� By: ����
Adoption C ed by Counci.ecretary
By: - v"'PPro ed by Mayor for Submission to Council
Approved ayor: Date . Al, ri
By: �� / aPff„/'∎/ By:
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NOTICE OF PUBLIC HEARING
Notice is hereby given that the petition of Minnesota Public
Radio, for the vacation of that part of 9th 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
23rd day of January, 2002 at 5 : 30 P.M.
Dated December 10, 2001
Shari Moore
Deputy City Clerk
(December 13 , 2001)
S:\I N I
P \ Interdepartmental Memorandum
CITY OF SAINT PAUL
AAAA
To: All Council Members
From: Peter White b{4 0
Right of Way Engineer :'..
140 City Hall
Date: December 7, 2001
Subject: TMS Deptartment Vacation File No 2001-22
I recommend a public hearing before the City Council be held on January 23rd,2002.
The purpose of this vacation is to release City interest in Ninth Street between Cedar and
approximately 109 feet easterly of Cedar as part of Minnesota Public Radio's re-development of
their facilities.
This property is located in City Council District 2, Planning District 17.
cc: Shari Moore, City Clerk's Office (for publication)
Meghan Riley, City Attorney's Office
(200122hr.date)
CITIZEN SERVICE OFFICE
Fred Owusu,City Clerk
SAINT
A u L CITY OF SAINT PAUL 170 City Hall Tel: 651-266-8989
140, Norm Coleman,Mayor 15 W.Kellogg Boulevard Fax: 651-266-8689
Saint Paul,Minnesota 55102 Web:http://www.ci.stpaul.mn.us
AAAA TDD:651-266-8509
November 2, 2001
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 Minnesota Public Radio for the vacation of that part of Ninth
Street according to the recorded plat thereof on file and of record in the Office of the
Saint Paul City Clerk.
Sincerely,
Shari Moore
Deputy City Clerk
Attachments
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:
That part of Ninth Street,adjacent to Block 13,Roberts&Randalls Addition,according to the recorded plat thereof
and Tract B,Registered Land Survey No. 391,Ramsey County,Minnesota lying northeasterly of a line drawn from
the northwest corner of said Block 13 to the southwest corner of said Tract B and lying southwesterly of the easterly
line of said Tract B prolonged southeasterly to the northerly line of said Block 13.
I(we)request this vacation for the following reason(s). (Indicate whether you will be building on the site.)
Minnesota Public Radio("MPR")intends to build an office building on the portion of Ninth Street proposed to be
vacated. The proposed building would connect the existing MPR building with the 480 Cedar Building across Ninth
Street,to create one contiguous structure. This contiguity would create more efficient working relationships within
MPR,and the additional structures would provide necessary floor space for MPR. MPR plans to improve the street
leading up to the vacated portion of Ninth from the east,in order to create an appropriate cul de sac.
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 Persons the vacation:
Name: Thomas Kigin Name: Thomas Kigin
Address: Minnesota Public Radio Address:Minnesota Public Radio
45 East Seventh St. 45 East Seventh St.
St.Paul,MN 55101 St. Paul,MN 55101
X90 /55V
Name: Roger Behrens Name:
Address: Faegre&Benson LLP Address:,
2200 Wells Fargo Center
90 South Seventh Street
Minneapolis,MN 55402
s.
Signatures of Owner )/Representative(s) of Property(ies)Described Below:
Ai ellk2 Jon Gutzmann
Jon utzmann Public Housing Agency of St.Paul
- Executive Director o 480 Cedar Street,
Public Housing Agency of St. Paul, signing on behalf Suite 600
of and with the authority of Public St. Paul,Minnesota 55101
Housing Agency of St.Paul
/�
1�`A V la J IC4- 1-:"--c Thomas Kigin
homas Kigin Minnesota Public Radio
The Executive Vice President ofFinnesota 45 East Seventh Street
Public Radio, signing on behalf of and with the Suite 600
authority of Minnesota Public Radio St.Paul,Minnesota 55101
I, 'f l)((:-_ , S, C `POE, i Z L ,am employed by 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.
5t'
Subscri ed and sworn to before me this /
day of ,2001.
0 )'1)\4 c
Signature Notary
My commission expires / -31 '"c d 0 6
M1:810471.01
al: MI
PUBLIC HOUSING AGENCY
S A I N T P A U L
The attached Resolution No. 01-10/24-2 was approved by the Board of Commissioners of
the Public Housing Agency of the City of Saint Paul (PHA) on October 24, 2001. In it
the Board ratifies the Purchase Agreement executed by the PHA and Minnesota Public
Radio (MPR), which specifically refers to the vacation of Ninth Street (Purchase
Agreement, Section 1.13). The resolution also authorizes the PHA's Executive Director
to execute necessary documents related to the sale, lease, and HUD approval of the sale
of the property.
Date: October 3j, 2001
F. Allen Hester
Assistant to the Executive Director
480 Cedar Street•Suite 600 • Saint Paul,Minnesota 55101-2240
651-298-5664 • Fax 651-298-5666
PUBLIC HOUSING AGENCY OF THE CITY OF SAINT PAUL
RESOLUTION NO. 01-10/24-2
SALE OF 480 CEDAR BUILDING
WHEREAS, the Public Housing Agency of the City of Saint Paul (PHA) owns the office building at
480 Cedar Street in Saint Paul, Minnesota(the "480 Cedar Building") and maintains its Central
Administrative Office and Rental Office as well as commercial office space and a parking ramp; and
WHEREAS, a declaration of trust has been recorded in favor of the U.S. Department of Housing and
Urban Development (HUD) relating to the title of the 480 Cedar Building in connection with HUD
Development Project No. MN 1-33 (MNP46001033); and
WHEREAS, the Minnesota Public Radio (MPR) desires to purchase the 480 Cedar Building for$7.9
million, a price which was previously approved by the PHA Board of Commissioners on January 24,
2001 as reflecting the replacement value of the property; and
WHEREAS, the PHA and MPR signed a Purchase Agreement on October 17, 2001 which is subject
to HUD's release of its declaration of trust on the property ; and
WHEREAS, MPR and the PHA have tentatively agreed that the PHA will lease its office space on
the third and sixth floors of the 480 Cedar Building from MPR on terms and conditions which have
been presented to and fully considered by the Board at this meeting; and
WHEREAS, the Board of Commissioners finds that this sale and leaseback of 480 Cedar Street are in
the best interests of the Public Housing Agency;
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Public Housing
Agency of the City of Saint Paul as follows:
1. After review and consideration of the Purchase Agreement for the sale of the 480 Cedar
Building to Minnesota Public Radio (MPR) at the price previously approved by the Board of
Commissioners, the Purchase Agreement is hereby ratified, subject to HUD's approval and
release of the declaration of trust; and
2. After consideration of the terms and conditions of the Lease Agreement for the PHA to lease
the third and sixth floors of the 480 Cedar Building from Minnesota Public Radio (MPR) after
the sale closing, the Lease Agreement is hereby approved and the Executive Director or his
designees are hereby authorized to execute any related documents which are necessary; and
3. The Executive Director or his designee are authorized to seek HUD approval to amend the
PHA's Agency Plan for Fiscal Year 2002 to describe the disposition of the 480 Cedar
Building; and
4. The Executive Director is authorized and directed to execute and submit a property
disposition application to HUD along with all further documents and information as required
by HUD respecting approval of the sale of 480 Cedar Building.
APPROVED ON OCTOBER 24, 2001
•
CERTIFICATE OF BOARD SECRETARY
The undersigned hereby certifies as follows:
1) That he is the duly qualified and acting Secretary of the Board of Commissioners of the
Public Housing Agency of the City of Saint Paul (Local Public Agency), and the keeper of the
records of the Local Public Agency;
2) That the attached Resolution No. 01-10/24-02 is a true and correct copy of the
resolution as adopted on the 24 day of October , 20 01 ;
3) That the seal affixed below constitutes the official seal of the Local Public Agency and this
Certificate is hereby executed under such official seal; and
4) That the undersigned is duly authorized to execute this Certificate.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the said Public Housing
Agency of the City of Saint Paul, this 24 day of October , 20 01
14 - illattik
I
SecrIVary
(SEAL)
Legal Description Property is: Fee Owner
Lot 3, Block 13, Roberts & Abstract Minnesota Public Radio Inc
Randall's Addition to Saint 45 7th St E
Paul. St. Paul, MN 55101
All that part of Lot 2 in
Block 13, Roberts & Randall's
Addition to Saint Paul lying
West of Westerly line of Lot 4
in said Block 13, produced to
9th Street.
This report represents the professional opinion of Old Republic National Title
Insurance Company regarding ownership of the above described properties; it is
not intended, nor shall it be construed, as a guarantee of title. Old Republic
National Title Insurance Company assumes no liability for errors or omissions.
Sincerely, /
z,/, ;:oiirc-__Lorette Schmaltz
lilt
Assistant Vice President
Old Republic National Title
Insurance Company
•
Old Republic National Title
Insurance Company
400 2nd Avenue South
Minneapolis, MN 55401
October 31, 2001
Thomas Kigin
Minnesota Public Radio
45 East Seventh Street
St. Paul, Minnesota 55101
To whom it may concern:
Old Republic National Title Insurance Company does hereby certify that a
search of Ramsey County, Minnesota tax records discloses that, as of
October 31, 2001, the owners of the properties abutting the public right-
of-way described as
That part of Ninth Street, adjacent to Block 13, Roberts & Randalls Addition,
according to the recorded plat thereof and Tract B, Registered Land Survey
No. 391, Ramsey County, Minnesota lying northeasterly of a line drawn from
the northwest corner of said Block 13 to the southwest corner of said Tract B
and lying southwesterly of the easterly line of said Tract B prolonged
southeasterly to the northerly line of said Block 13.
Legal Description Property is: Fee Owner
Tract B, Registered Land Torrens Public Housing Agency
Survey No. 391 480 Cedar St
Suite 600
St. Paul, MN 55101
All that part of Lot 2, Torrens Minnesota Public Radio Inc
Block 13, Roberts & Randall's 45 7th St E
Addition to St. Paul, lying St. Paul, MN 55101
West of the dividing line
between Lots 5 and 6 in said
Block produced to the North
line of said Lot 2, except
that part of Lot 2 lying West
of the dividing line of
Lots 3 and 4, in said Block,
produced to the North line of
said Lot 2.
(Continued)
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