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02-165 (4) n copy to:jao Council File# O Z A%41. / Estate Division City Hall Green Sheet# �Q'�q RESOL TION CITY O ►P...AIN P�°� UL, M ' �► A AlbinPresented By Referred To Committee: Date 1 WHEREAS, the Council of the City of Saint Paul, upon the petition of Minnesota Public Radio, as 2 contained in Technology Department File Numbered 2001-24 did, by that resolution stated in Council 3 File Numbered 02-165, approve the petition to vacate and discontinue as public property the following 4 property: 5 See Attached Exhibit "A" ; 6 7 8 said petition was filed to help develop a new skyway for the petitioner. 9 10 WHEREAS, a portion of the description above mentioned in Exhibit "A" from Council File Numbered 11 00-321 needs to be revised at the request of the petitioner and the City of Saint Paul Department of 12 Public Works; so 13 14 NOW THEREFORE BE IT RESOLVED, that the description in Exhibit "A" from the Council File 15 Numbered 02-165 is hereby amended as follows: 16 17 strikethrough (remove) the words "An easement for" 18 19 AND BE IT FURTHER RESOLVED, that all other terms and conditions set forth in Council File 20 Numbered 02-165 shall remain in full force and effect. Yeas Nays Absent Benanav / Requested by Department of: Blakey ✓ Technology&Management Services Bostrom - J Coleman ✓ Harris ,/ By a&Va1/144., Lantry ✓ Director Reiter ✓ Form Approved b City Attorney ■ --�� / Adopted by Council: Date /Y7,4 .,:?..1/aO/� By: / ' �iGC / Adoption Certified by Council Seifretary By: U I _ .pry ayor for S e t is 'on tt Approved b `�yor: Date _ 4 dr.'�. w. �4 / ■ . N Th \ • \ _I \ 1 \ Li! a 'N u q V � / ,O 4 § C O Y $UN � ***--- .::.. . E CI <1.7 8' zi' Co- 6 .. \ • q O ,9-g 7u u °v ....... � / �`4 !\. ' r h� bo z�, co� us N a '5 r g. r C * Z m u u❑ U O �� vg�3:�toc u $ �� cd u sb : .€ W �, .9 -1�F8 2 $� C `3 0$ °o a�i 3j ' IL cr, ° HOhJii g g_g ';3'a S' ,t, bbl. te ., .]-,,,...,,„ :-.,... .. 1.f:ie. -.... .... :. ......: . , . ::, . , S tT \ `\ O�c6,.�0 le.66'8 `N \\• ii7 O ■ / \ .... X95 t :C7 �\ " , \\X' \.. ... , , . .. ti N ` °' �, 1 °' \ (\,, ' r o 111111.. _ .., ,r� N . \ ,..f, '')01,,, t 1 l l l l,„0(1 ''N- 0, y . 0 lYY 1 1 1 silll M N s`� .,I/�_ OO� � t 111 a 11 • Al" CO -g- • .77 . t..• /AQ,40 „AO 1,4.1</ v. / / O O/; l , /O�� y/, d Oc>. 4\ � \ ' �I x , 0 00 / / - /••1 / \\ .\\, .., .‹....ekvo_n 0., V().•(), 4 .> -61, t X <)%1 4.. O O te '` / aA Z kik 70 e- til ./ '‘ ,30.' i'c> ,t0.6,...*q{3. Ill ,}'\ t:Cl\'''°‘: Z\t\M‘U \''S: ''.\ .1.4 \ l'�9' e g�P .j p °\ ` ` ..� . ice PgP CITIZEN SERVICE OFFICE Donald J.Luna,City Clerk A[NT P A u L CITY OF SAINT PAUL 170 City Hall Tel.: 651-266-8989 41041 Randy Kelly,Mayor 15 W.Kellogg Boulevard Fax: 651-266-8689 Saint Paul,Minnesota 55102 MIA r• 1111 illue May 8,2002 Thomas Kigin Minnesota Public Radio 45 East Seventh Street Saint Paul, MN 55101 Dear Mr. Kigin: Enclosed is a copy of Council File 02-165 which was adopted by the City Council on February 27, 2001. The resolution provides for the vacation of that part of the air rights over Cedar Street as more fully described in the attached resolution. Also included is an acceptance of the terms of the resolution which must be signed and filed here with the administrative fee of$500 as stated in line 14 of the resolution. Sincerely, s- /0 . Shari Moore Deputy City Clerk cc: Valuation Engineer- Technology and Management Services File No. 24-2001 Enc. Saint Paul, Minnesota May 8, 2002 To the Honorable, the City Council Saint Paul, Minnesota Dear Council Members: We, the undersigned petitioners, hereby accept and agree to comply with the terms and conditions of Council File No. 02-165, adopted by the City Council on February 27, 2002, and approved by the Mayor on March 6, 2002. Rcopy to: jao A ,1 Council File# Oa. • Ne5 � PY .1 rn�� e � � b , a-� o�,.00 �„ Real istate Division 140 City Hall Green Sheet# \�$(� RESOLUTION • AINT PAU ESOTA 4t Presented By Referred To Committee: Date • 1 BE IT RESOLVED, that, upon the petition of Minnesota Public Radio ("MPR" or"Petitioner"), as 2 documented in Real Estate Division File Number 2001-24, public properties hereinafter described are 3 hereby vacated and 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's, their successors and assigns shall pay$500.00 as an administrative fee for 15 this vacation which is due and payable within 60 days of the effective date of this resolution. 16 17 2. At the regttirement of the City of Saint Paul, Department Public Works, a minimum 18 clearance under any skyway bridge built in the vacated area shall be seventeen feet, four inches in 19 the vehicular area of the street. Any skyway bridge built in the vacation area shall also be 20 required to follow the "American Association of State Highway and Transportation Officials" 21 standard specifications for Highway Bridges, sixteeth addition,1996. 22 23 At the request of the City of Saint Paul, Department of Public Works, any skyway bridge 24 constructed in the vacated area shall be compatible with the guidelines for the Capitol view 25 corridor. 26 27 This vacation public property shall remain in place for the life of the proposed structure only. 28 29 Construction of a skyway in the vacation area described in attached Exhibit"A", shall nullify 30 the petition to vacate public property referenced in Real Estate Division File Number 2001-23 31 and all property rights mentioned in File Number 2001-23 shall revert back to the City of Saint 32 Paul. 33 - 34 3. That if no skyway bridge is built within five years of the approval of this resolution, all rights to 35 vacated area shall revert back to the City of Saint Paul. 1 . 2: 4. The City of Saint Paul, Department of Planning and Economic Development will agree with the 3 petition to vacate air rights across Cedar street, subject to the following conditions: 0)-_ (65 4 5 a)That only one of the two vacation petitions submitted by MPR be granted at this time (File 6 #2001-23 or#2001-24). Should MPR's final design require different or adjacent air rights, they 7 will be allowed to submit a new petition for vacation. 8 9 b)That prior to issuance of a building permit for the construction of this air bridge, MPR will be 10 required to submit, in writing, the specific purpose and intended use of this air bridge to Public 11 Works and Planning and Economic Development. . 12 13 c) That the location, height and transparency of the air bridge maximize the view of the State 14 Capitol. the Capital Area Architectural Planning Board and 15 District 17 Planning Council 16 d)That MPR continue to work with the Design Cent re:to explore at-grade solutions for a 17 connection between their headquarters and the Fitzgerald Theatre consistent with the Saint Paul 18 on the Mississippi Development Framework as well as public access and future 19 e. That MPR understancl; tha the City wishes to connections to the skyway system keep the ublic skyway option open and available. 20 5. ThaI the petitioners, their successors and assigns agree to indemnify, defend and save harmless 21 the City of Saint Paul, its officers and employees from all suits, actions or claims of any character 22 brought as a result of injuries or damages received or sustained by any person, persons or 23 property on account of this vacation or petitioners' use of this property, including but not limited 24 to, a claim brought because of any act of omission, neglect, or misconduct of said petitioners or • 25 because of any claims or liability arising from any violation of any law or regulation made in 26 accordance with the law, whether by the petitioners or any of their agents or employees. 27 28 6. That the petitioners, their successors and assigns shall, within 60 days of the effective date of 29 this resolution, file with the City Clerk an acceptance in writing of the conditions of this 30 resolution and shall, within the period(s) specified in the terms and conditions of this resolution, 31 comply in all respects with these terms and conditions. Yeas Nays Absent Benanav ,l RecLuestedby Department of: Blakey ,,- '� n Bostrom -- Coleman --- Harris ,. By: k,.._ ___ i_ci.A.., --- " Lantry ✓ Director Reiter I ✓ II I Form A■ore ed_by City Attorney rt CD cm Adopted by Council: Date ar, A.rl a By: EA. Adoption Certified by Council Secretary By: , A _ AN Appro ;s y Mayor for .. 1' yon • Approved • fayor: Date • �'/ Ay/Y By: _. ......./. / 1 / • 11 ---....______ .... \ ;..:. -v ,,, ,, •.. .., „,. ch. . \cl ...., g 5 2 a. .s 0.c1 0 \'''P,1.6 Z (.0 , -•'•. \ eii o,5.3. eg 0 ,K) .... \ —J —I .52 ,,,,2 11:=.1‘.0 r- 211,0a. 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(N1 u. ...... . , . \ ''' , '■11 .--0 0 .(e# \ 'iii 11"-- z- -,-; ,-, - • „ ..... . 474q,..<5,0 , 4 I e 0.,•/ i 1 IX 8 Q.. /,/ , , 9 (.9 'Li__ ,„,,,,..■ A Tc. 0. %',., '')-• 4 'rt./ z.•1 ,/ -00 +A teA. t9 e•-• -› • a Ci:, .",....<•-.No' 1-4.0 vo,s\>%P.. , , •,/,',V. .. n- . .4 \-.. .". ... , \ tt. ... • Return copy to: jao a,�,��,�� �� — cab O. 9 as)O _ Council File# O • Ne5 Real -estate Division 140 City Hall Green Sheet# 1\\%$(„ RESOLUTION • AINT PAU ESOTA 41 Presented By / Referred To Committee: Date • 1 BE IT RESOLVED,that, upon the petition of Minnesota Public Radio ("MPR" or"Petitioner"), as 2 documented in Real Estate Division File Number 2001-24, public properties hereinafter described are 3 hereby vacated and 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's, their successors and assigns shall pay$500.00 as an administrative fee for 15 this vacation which is due and payable within 60 days of the effective date of this resolution. 16 17 2. At the requirement of the City of Saint Paul, Department Public Works, a minimum 18 clearance under any skyway bridge built in the vacated area shall be seventeen feet, four inches in 19 the vehicular area of the street. Any skyway bridge built in the vacation area shall also be 20 required to follow the "American Association of State Highway and Transportation Officials" 21 standard specifications for Highway Bridges, sixteeth addition,1996. 22 23 At the request of the City of Saint Paul, Department of Public Works, any skyway bridge 24 constructed in the vacated area shall be compatible with the guidelines for the Capitol view 25 corridor. 26 27 This vacation public property shall remain in place for the life of the proposed structure only. 28 29 Construction of a skyway in the vacation area described in attached Exhibit"A", shall nullify 30 the petition to vacate public property referenced in Real Estate Division File Number 2001-23 31 and all property rights mentioned in File Number 2001-23 shall revert back to the City of Saint 32 Paul. 33 34 3. That if no skyway bridge is built within five years of the approval of this resolution, all rights to 35 vacated area shall revert back to the City of Saint Paul. 1 . 2 4. The City of Saint Paul, Department of Planning and Economic Development will agree with the 3 petition to vacate air rights across Cedar street, subject to the following conditions: (N.. (LC 4 5 a)That only one of the two vacation petitions submitted by MPR be granted at this time (File 6 #2001-23 or#2001-24). Should MPR's final design require different or adjacent air rights, they 7 will be allowed to submit a new petition for vacation. 8 9 b) That prior to issuance of a building permit for the construction of this air bridge, MPR will be 10 required to submit, in writing, the specific purpose and intended use of this air bridge to Public 11 Works and Planning and Economic Development. . 12 13 c) That the location, height and transparency of the air bridge maximize the view of the State 14 Capitol. the Capital Area Architectural Planning Board and 15 District 17 Planning Council 16 d) That MPR continue to work with the Design Cente to explore at-grade solutions for a 17 connection between their headquarters and the Fitzgerald Theatre consistent with the Saint Paul 18 on the Mississippi Development Framework. 4-77—7471 as public access and future e. That MPR understands that the City wishes to connections to the skyway system 19 keep the,p ubllc skyway option open and available. J 20 5. Thal-the petitioners, their successors and assigns agree to indemnify, defend and save harmless 21 the City of Saint Paul, its officers and employees from all suits, actions or claims of any character 22 brought as a result of injuries or damages received or sustained by any person, persons or 23 property on account of this vacation or petitioners' use of this property, including but not limited • 24 to, a claim brought because of any act of omission, neglect, or misconduct of said petitioners or 25 because of any claims or liability arising from any violation of any law or regulation made in 26 accordance with the law, whether by the petitioners or any of their agents or employees. 27 28 6. That the petitioners, their successors and assigns shall, within 60 days of the effective date of 29 this resolution, file with the City Clerk an acceptance in writing of the conditions of this 30 resolution and shall, within the period(s) specified in the terms and conditions of this resolution, 31 comply in all respects with these terms and conditions. Yeas Nays Absent Benanav ,/ Reguested by Department of: Blakey ,� in Bostrom --- Coleman ,� Harris ,---- By: k...,c)( s)..)._.„1/4. --- Lantry ✓ Director Reiter ✓ Form At ore ed by City Attorney FA_ o n Adopted by Council: Date A.ri By: 0/L;...." Adoption Certified by Council Secretary By: , 4 _ "f- v \ i ' Appro : o y Mayor for .• 1• • on • 1 Approved ► "rayon Date • i '/ 41 ' ��/ By: �/� ■ By: . �.APIP � Ir b' -_ 1t�5 y o • Li N .4" 4 u �\ J \ j a g ...5v + \ v 0 70 0� o ' o v rn d 1r 7 h o u a r e C n u G • p 43 u) tip Y `��^ L a V -- j .= ,N z N ....5 7 to .V UlJ b VV ¢ w v -8^3 V '�•d$ °oj a�i 3 6 0 CL II og 2_w a�3_, �. o u o a c u ° Y y I; +a5 u v •°p '\ O p u 'Iflu 0o / /, \ O G� /r ci�C' \\ \.04s � �Cs s : �W ^ 66'8 .. \N,_ \ \\ • �cw �$ e, ��. ° , (\�� 'r 4 l l l 111 . .. 1� " \�. ,I , 111111 �+ will \ ,ik • `� \`�� • 0,, \ y t O lY Y 11 l a FBI \\ ��",, '41, \7\\, O� \ t 111 ... o , O ,` X11 co g...._.• ..L. .0.13 / r` '� `\�i _2... 1:4(/ C /A/ / 0 . �q9,Aq 0� } Q ; c`,, 0 6,. &...Vc).(). ,K).*% \ ti /. /' `��,• ®�.0 O v / % ;\`V o .9.`',, 0(!'d\--w is -z Ai_ Doi�:O 1.hie ii ,. .,.... -GI, • - (;' s'.<3.41.‘• 51101 ,.... i\ • ,c2-...., .c.t) Z\- ‘d ... 6.4. tmcwt 0 0 =i}�' r`a S`j`P • Return copy to: jao A,, .,� � � b a 9 D. o0 Council File# Oa. - 1(.5 Real estate Division 140 City Hall Green Sheet# 1\\5S$(, RESOLUTION 4. , • AINT PAU ESOTA 41 Presented By / Referred To Committee: Date • 1 BE IT RESOLVED,that, upon the petition of Minnesota Public Radio ("MPR" or"Petitioner"), as 2 documented in Real Estate Division File Number 2001-24, public properties hereinafter described are 3 hereby vacated and 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's, their successors and assigns shall pay$500.00 as an administrative fee for 15 this vacation which is due and payable within 60 days of the effective date of this resolution. 16 17 2. At the requirement of the City of Saint Paul, Department Public Works, a minimum 18 clearance under any skyway bridge built in the vacated area shall be seventeen feet, four inches in 19 the vehicular area of the street. Any skyway bridge built in the vacation area shall also be 20 required to follow the "American Association of State Highway and Transportation Officials" 21 standard specifications for Highway Bridges, sixteeth addition,1996. 22 23 At the request of the City of Saint Paul, Department of Public Works, any skyway bridge 24 constructed in the vacated area shall be compatible with the guidelines for the Capitol view 25 corridor. 26 27 This vacation public property shall remain in place for the life of the proposed structure only. 28 29 Construction of a skyway in the vacation area described in attached Exhibit"A", shall nullify 30 the petition to vacate public property referenced in Real Estate Division File Number 2001-23 31 and all property rights mentioned in File Number 2001-23 shall revert back to the City of Saint 32 Paul. 33 34 3. That if no skyway bridge is built within five years of the approval of this resolution, all rights to 35 vacated area shall revert back to the City of Saint Paul. 1' 2 4. The City of Saint Paul, Department of Planning and Economic Development will agree with the 3 petition to vacate air rights across Cedar street, subject to the following conditions: Off_ (45 4 5 a)That only one of the two vacation petitions submitted by MPR be granted at this time (File 6 #2001-23 or#2001-24). Should MPR's final design require different or adjacent air rights, they 7 will be allowed to submit a new petition for vacation. 8 9 b) That prior to issuance of a building permit for the construction of this air bridge, MPR will be 10 required to submit, in writing, the specific purpose and intended use of this air bridge to Public 11 Works and Planning and Economic Development. • 12 13 c)That the location, height and transparency of the air bridge maximize the view of the State 14 Capitol. the Capital Area Architectural Planning Board and 15 District 17 Planning Council 16 d) That MPR continue to work with the Design Cente,to explore at-grade solutions for a 17 connection between their headquarters and the Fitzgerald Theatre consistent with the Saint Paul 18 on the Mississippi Development Framework. 477—177:71 as public access and future 19 e. That MPR understand that the City wishes to connections to the skyway system keep the ublic skyway option open and available. 20 5. Thal-the petitioners, their successors and assigns agree to indemnify, defend and save harmless 21 the City of Saint Paul, its officers and employees from all suits, actions or claims of any character 22 brought as a result of injuries or damages received or sustained by any person, persons or 23 property on account of this vacation or petitioners' use of this property, including but not limited 24 to, a claim brought because of any act of omission, neglect, or misconduct of said petitioners or 25 because of any claims or liability arising from any violation of any law or regulation made in 26 accordance with the law, whether by the petitioners or any of their agents or employees. 27 28 6. That the petitioners, their successors and assigns shall, within 60 days of the effective date of 29 this resolution, file with the City Clerk an acceptance in writing of the conditions of this 30 resolution and shall, within the period(s) specified in the terms and conditions of this resolution, 31 comply in all respects with these terms and conditions. Yeas Nays Absent Benanav ,l Rejiestedby Department of: Blakey Bostrom Coleman Harris ✓ By: Lantry ✓ Director Reiter ✓ Form A r ed by City Attorney *t o n - Adopted by Council: Date �.� a By: NO Adoption Certified by Council Secretary Y By: , / .. Appro •s ';y Mayor for . . .. on •Amp Approved ►�ayor: Date • i /0.'e Y � By: . A 145 A. '� C �, \• mil / ti \a V � d HH! a h co W as ° ° c fi M Z a - y zM ; < `l w tl i s' H �.,. u v V °v v w E+ i, seo g. ii IINHL co O p S xSy V >.5 v b o? > 5 . � p•�y4 � �V `Vf eO w I � -\ ••O S• "g E •'-'1g r .g 7.; s j \ 1...N .`�E eo u E dap 1 it, G Z Q � 1/47 .�..........;_...:. \c�a • b. • 66'9 �N\ N : , O \\ • �/ �\cv N- ;: , - \ :. .,..;,.,, . . �N d... �' �': .\\ llllll . . __. , �, .• &'0% .-.N(� \ l l l l l l 1.... ac," . . 3 , < ` ', 11!lll.�, �o� o O lY g l l l 1 ,\,� G 4! 111 wn N \� s.4., N�/I/'BOO'O \ i l 1 l // , .. ,0y- ,' 00. << Q +� �� �l da., -ti . oo a O., c).,,\ o 25 'N\„ ®moo ( \./.()' )*, o �D -� Z a, ®kty ono goo o :� / %� 0 0 0 r OV 14, : IIV > • a 7 ,.s.\,, . I.o. s, J y- \ ts-).„-,- ,,,n,. \... 2(. a z7 x „, ,� P 4., \\...„.:\....... „...,,,,,,, - „Avg) . c.„ .7 ,_ > , , , . . \ ..., ..- 0 •. , , Return copy to:jao R m � � -- ccAo . a D..00 Council File# Oa. • 1`5 Real instate Division 140 City Hall Green Sheet# \\c68 RESOLUTION • L INT PAU ESOTA 41 Presented By Referred To Committee: Date • 1 BE IT RESOLVED, that, upon the petition of Minnesota Public Radio ("MPR" or"Petitioner"), as 2 documented in Real Estate Division File Number 2001-24, public properties hereinafter described are 3 hereby vacated and 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's, their successors and assigns shall pay$500.00 as an administrative fee for 15 this vacation which is due and payable within 60 days of the effective date of this resolution. 16 17 2. At the requirement of the City of Saint Paul, Department Public Works, a minimum 18 clearance under any skyway bridge built in the vacated area shall be seventeen feet, four inches in 19 the vehicular area of the street. Any skyway bridge built in the vacation area shall also be 20 required to follow the "American Association of State Highway and Transportation Officials" 21 standard specifications for Highway Bridges, sixteeth addition,1996. 22 23 At the request of the City of Saint Paul, Department of Public Works, any skyway bridge 24 constructed in the vacated area shall be compatible with the guidelines for the Capitol view 25 corridor. 26 27 This vacation public property shall remain in place for the life of the proposed structure only. 28 29 Construction of a skyway in the vacation area described in attached Exhibit"A", shall nullify 30 the petition to vacate public property referenced in Real Estate Division File Number 2001-23 31 and all property rights mentioned in File Number 2001-23 shall revert back to the City of Saint 32 Paul. 33 34 3. That if no skyway bridge is built within five years of the approval of this resolution, all rights to 35 - vacated area shall revert back to the City of Saint Paul. 1 . 2' 4. The City of Saint Paul, Department of Planning and Economic Development will agree with the 3 petition to vacate air rights across Cedar street, subject to the following conditions: 4 5 a)That only one of the two vacation petitions submitted by MPR be granted at this time (File 6 #2001-23 or#2001-24). Should MPR's final design require different or adjacent air rights, they 7 will be allowed to submit a new petition for vacation. 8 9 b) That prior to issuance of a building permit for the construction of this air bridge, MPR will be 10 required to submit, in writing, the specific purpose and intended use of this air bridge to Public 11 Works and Planning and Economic Development. 12 13 c) That the location, height and transparency of the air bridge maximize the view of the State 14 Capitol. the Capital Area Architectural Planning Board and 15 District 17 Planning Council 16 d) That MPR continue to work with the Design Center,to explore at-grade solutions for a 17 connection between their headquarters and the Fitzgerald Theatre consistent with the Saint Paul 18 on the Mississippi Development Framework. as well as public access and future e. That MPR understands that the City wishes to connections to the skyway system 19 keep the public skyway option open and available. 20 5. Thal-the petitioners, their successors and assigns agree to indemnify, defend and save harmless 21 the City of Saint Paul, its officers and employees from all suits, actions or claims of any character 22 brought as a result of injuries or damages received or sustained by any person, persons or 23 property on account of this vacation or petitioners' use of this property, including but not limited 24 to, a claim brought because of any act of omission, neglect, or misconduct of said petitioners or • 25 because of any claims or liability arising from any violation of any law or regulation made in 26 accordance with the law, whether by the petitioners or any of their agents or employees. 27 28 6. That the petitioners, their successors and assigns shall, within 60 days of the effective date of 29 this resolution, file with the City Clerk an acceptance in writing of the conditions of this 30 resolution and shall, within the period(s) specified in the terms and conditions of this resolution, 31 comply in all respects with these terms and conditions. Yeas Nays Absent Benanav ,/ Reguestedby Department of: Blakey � rP Bostrom ,- Coleman Harris � By: Lantry ✓ Director Reiter ✓ Form At Ire ed by City Attorney rl Q C7 Adopted by Council: Date A,.ti r-1 a� a_ By: Adoption Certified by Council Secretary By: , _ " i ' Appro :s y Mayor for . • ' on • Approved • ► ayor: Date . ' �orA '/ 41 • uu1. �ba-- tta5� � w d O% . .N u ` I / o .$ u )' 6o °Q °o 0 g 2.2- V u e 3Ct to 'v^� ✓;n ?a".? > 7 ,-ed, • 1 O— O \`/1 O z a.Q u N •,� S� A+' UhI ' w �y ''O T 3 v ",,, 3 d wH a 741 a stl cdtl . r +`�c w t I� a '75 7;4 r VI g U W V t•,3:-w o Ug d�y C C • g o:5nora > ' � y gg�'y•�'O j S 6 �i 1 i �, b'�er pq m %N .[.5 m 0'S�'S 'j(f��SW 0 C t i �_ t;. u F u lo .JS •o o• c x LL.K‘ s''- / ,c2 \7*- \-- 'N A .s.h) Gam. �� ,� • lie r v a t ,v1 '��9 1 V t'1,. \ \� I �' '" \�(��\ I ‘ 111111111:1 in 1 1� "�`,/�)`�,(, v/Oi �� • '� • 11!111 CaL \� O l g 111 WS ` '' r � slit N \ �1,--\\7\c).O O �\ t l l l h• tg - 1■ , sv,,,g .• . 2... . , _,,,,,, • O ,. ,. _ , . ifr. 01 8- / le ,- ,", ,0"V?\` ), Q �Y y ill x . ,,,, . ,,, 0,..,,,,, ,r,. ,\NNAN // / \• '4.*1 k I I, 4P a O d0 O ®, �,. c,.., . ..,..,_ . . A ,sr' 0,.. • O ;D _ � o . O :� N . lal .1.' y r 4). .V V(31; .4. Z\64'A 1.‘..*:. - ''.. At ••• 0 1Ca\ in \.. N''' ",77 , V ,V /.; V \ Return copy to: jao R tv•ck e — cab D. 0100 Council File# O . `aS Real instate Division 140 City Hall Green Sheet# 1\\%8-c, RESOLUTION • AINT PAU ESOTA 4 t Presented By Referred To Committee: Date 1 BE IT RESOLVED, that, upon the petition of Minnesota Public Radio ("MPR" or"Petitioner"), as 2 documented in Real Estate Division File Number 2001-24, public properties hereinafter described are 3 hereby vacated and discontinued as public property: 4 5 The property to be vacated (the vacation area) is described as follows: 6 r . 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's, their successors and assigns shall pay$500.00 as an administrative fee for 15 this vacation which is due and payable within 60 days of the effective date of this resolution. 16 17 2. At the requirement of the City of Saint Paul, Department Public Works, a minimum 18 clearance under any skyway bridge built in the vacated area shall be seventeen feet, four inches in 19 the vehicular area of the street. Any skyway bridge built in the vacation area shall also be 20 required to follow the "American Association of State Highway and Transportation Officials" 21 standard specifications for Highway Bridges, sixteeth addition,1996. 22 23 At the request of the City of Saint Paul, Department of Public Works, any skyway bridge 24 constructed in the vacated area shall be compatible with the guidelines for the Capitol view 25 corridor. 26 27 This vacation public property shall remain in place for the life of the proposed structure only. 28 29 Construction of a skyway in the vacation area described in attached Exhibit"A", shall nullify 30 the petition to vacate public property referenced in Real Estate Division File Number 2001-23 31 and all property rights mentioned in File Number 2001-23 shall revert back to the City of Saint 32 Paul. ; 33 34 3. That if no skyway bridge is built within five years of the approval of this resolution, all rights to 35 vacated area shall revert back to the City of Saint Paul. r 1 , 2 4. The City of Saint Paul, Department of Planning and Economic Development will agree with the 3 petition to vacate air rights across Cedar street, subject to the following conditions: 0 _ 4 5 a) That only one of the two vacation petitions submitted by MPR be granted at this time (File 6 #2001-23 or#2001-24). Should MPR's final design require different or adjacent air rights, they 7 will be allowed to submit a new petition for vacation. 8 9 b) That prior to issuance of a building permit for the construction of this air bridge, MPR will be 10 required to submit, in writing, the specific purpose and intended use of this air bridge to Public 11 Works and Planning and Economic Development. . 12 13 c)That the location, height and transparency of the air bridge maximize the view of the State 14 Capitol. the Capital Area Architectural Planning Board and 15 District 17 Planning Council 16 d)That MPR continue to work with the Design Centerto explore at-grade solutions for a 17 connection between their headquarters and the Fitzgerald Theatre consistent with the Saint Paul 18 on the Mississippi Development Framework. as well as public access and future 19 e. That .MPR understand tha the City wishes to connections to the skyway system keep the public skyway option open and available. 20 5. Thaithe petitioners, their successors and assigns agree to indemnify, defend and save harmless 21 the City of Saint Paul, its officers and employees from all suits, actions or claims of any character 22 brought as a result of injuries or damages received or sustained by any person, persons or 23 property on account of this vacation or petitioners' use of this property, including but not limited 24 to, a claim brought because of any act of omission, neglect, or misconduct of said petitioners or 25 because of any claims or liability arising from any violation of any law or regulation made in 26 accordance with the law, whether by the petitioners or any of their agents or employees. 27 28 6. That the petitioners, their successors and assigns shall, within 60 days of the effective date of 29 this resolution, file with the City Clerk an acceptance in writing of the conditions of this 30 resolution and shall, within the period(s) specified in the terms and conditions of this resolution, 31 comply in all respects with these terms and conditions. Yeas Nays Absent Benanav ,l Re uesteedd by Department of: Blakey ,,- Bostrom --- Coleman ,. Harris „-- [ By: tQw` - Lantry ✓ Director Reiter ✓ Form A Ire ed by City Attorney n. o n at. Adopted by Council: Date "A A.r( .D., By: Adoption Certified by Council Secretary By: k 4 1--� ' - ' Appro ifivry�y Mayor for .. '. on • j Approved ► �►'ayor: Date . - ' 41 �/ By: �il�� By: .•/.fly!/_ y / --- A y V.j a sy e / \ \\d). _ �� a. 0 �; U e'S N' uQ'Oy (0 \ W••a eo O w i aj : y� 0 0 of - d •322223 . \ !CC c 2 \ 0. M O O a0i C 1.1'O {� z •_c;� C a9 o •_ ,,WVv,, � t•g`n e4 T erg. ' 'r �` y/6' ` M ni G.� a s b _ a z. ,y Q��N y a a>,p u d. hU w� 3�3�' o E SQ5 . ..F. p U 4 O `x. b a a : °o qq § u O y N N 4 lb°U'0 o v ' *gg Ti ` • yr d / \R • M i : / \ w 5 G Ti �r V �{g C ba ` t '^ O• o it (ivjl _1 (��• I Op V r3 60 O'O N 70 • 4 /� ' v'g z W r. 'a g• / �a-.. \ .' ..'." ''.'.%:ii:I^ :::■1`.,, ''. lie 0 •, N \ > • . e \ �d. \ �`�0� iv ® lltllt • Lv �. . t‘ �y 1 l!1 l i ++ c lig 111 N ''� ,- 7, k..00-O� � t1lt a s / Q O O Alk it-/ 1`t ,' - oVV 4 2� .\x,,14 3c):11‘1 L IS O S.W.%)4 P°, ).c gi, 1 •c-• .11$ ,/ - ‘0 ). a();,\* 14,.q("en]: mi ' .CN. "q•••••4 :\4‘ Z\Vi& \'.It* .' ""■ ' Ili 7 \ • ..1 r.,4, ,iy al,,,s , .. • . 0 Z \0,9 i., . . ,,,,v, NOTICE OF PUBLIC HEARING Notice is hereby given that the petition of Minnesota Public Radio, for the vacation of that part of the air rights over Cedar Street near 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 27th day of February, 2002 at 5 : 30 P.M. This is TMS Department Vacation File No. 2001-24 . Dated February 5, 2002 Shari Moore Deputy City Clerk (February 7, 2002) SAIN I Pi" Interdepartmental Memorandum OIR4r CITY OF SAINT PAUL 011101111 0111•1011110 To: All Council Members From: Peter White t440 Right of Way Engineer 140 City Hall Date: February 5, 2002 $11.0004: 1.1\lb Vacation File N 2O0124 I recommend a public hearing before the City Council be held on February 27, 2002 The purpose of this vacation is to release the City's interest in air rights over Cedar Street near 9th as part of Minnesota Public Radio's re-development plan to build a skyway. This property is located in City Council District 2, Planning District 17 cc: Shari Moore, City Clerk's Office (for publication) (200124hr.date) iA6f ts0g 1)01' CITIZEN SERVICE OFFICE Fred Owusu,City Clerk PSA[NT CITY OF SAINT PAUL - 170 City Hall AUL ty Tel.: 651-266-8989 Norm Coleman,Mayor 15 W.Kellogg Boulevard Fax: 651-266-8689 Saint Paul,Minnesota 55102 Web:http://www.cLstpauLmn.us AMA TDD:651-266-8509 November 16, 2001 Peter White Valuation Engineer Real Estate Division 140 City Hall Dear Peter: pc..li � c:::::S I refer to you to check as to form and sufficiency and for recommendation, the attached petition of Minnesota Public Radio for an easement for air rights over and across Cedar Street according to the recorded plat thereof on file and of record in the Office of the Saint Paul City Clerk. Sincerely, ..,?4,(A_.: 7/7011--( 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: An easement for air rights over and across Cedar Street as dedicated in Robert's and Randall's Addition to St.Paul, according to the recorded plat thereof,Ramsey County,Minnesota described as follows: Commencing at the southwest corner of Tract B,Registered Land Survey No. 391,according to the recorded registered land survey thereof,Ramsey County,Minnesota;thence North 36 degrees 48 minutes 16 seconds West,assumed bearing along the southwesterly line of said Tract B,a distance of 66.40 feet to the point of beginning;thence South 53 degrees 25 minutes 37 seconds West 60.00 to the west right of way line of Cedar Street; thence North 36 degrees 48 minutes 16 seconds West 22.00 feet along said line;thence North 53 degrees 25 minutes 37 seconds East 60.00 feet,to the east right of way line of said Cedar Street;thence South 36 degrees 48 minutes 16 seconds East 22.00 feet along said line to the point of beginning and there terminating. Said air rights lying above the elevation 108.6 feet,City of St.Paul Datum. 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 a skyway over the portion of Cedar Street whose air rights are proposed to be vacated. The proposed skyway would connect the 480 Cedar Street building,which is proposed to become a part of MPR's new business campus,to the skyway connecting to the World Trade Center Parking Ramp. The skyway will enhance pedestrian mobility to,from and within MPR's proposed new business campus. This connection would create access to the Saint Paul skyway system for MPR's employees,as well as establish more efficient access to the World Trade Center Parking Ramp for MPR's employees utilizing that facility. 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 Name: Roger Behrens Name: Address: Faegre&Benson LLP Address:. 2200 Wells Fargo Center 90 South Seventh Street Minneapolis,MN 55402 Signatures of Owner(s)/Representative(s) of Property(ies)Described Below: G.'�"�c Jon Gutzmann Jo Gu Public Housing Agency of St.Paul e Executive Direct r of 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 <�g Agency of St.Paul . t�'�i�,U,//++,,Q J • Thomas Kigin Thomas Kigin Minnesota Public Radio The Executive Vice President of' _ esota 45 East Seventh Street Public Radio, signing on behalf of and with the Suite 600 authority of Minnesota Public Radio St.Paul,Minnesota 55101 g-36 Brian Sweeney Brian Sween Housing and Redevelopment Authority The Executive Director o the Saint Paul 25 4th Street West, 13m Floor Housing and Redevelopment Authority, St.Paul,MN 55102 signing on behalf of and with the authority of the Saint Paul Housing and Redevelopment Authority 4 I OP I•� �A� ! 32a_ w�> ]N EB % LLC �1�z % The 1 ie L , ' • I- of `� '3'1 pie` " S TET EBLDG LLC, signing on s:half of and with the St.Paul,MN 55101 authority of EBLDG LLC The of signing on behalf of and with the authority of I, DV.)t r) S C' IV E t U. ,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. Subscribed and sworn to before me this /A/1-:-L` y day of C1'--C Y L� ,2001. Signature Notary My commission expires / -3 / -.2- 00 !o M1:813882.02 ft., COME CMCILISWIL I 'Z., IMMIPUNX4WIESOM ' MCOMSSI01100l51414111 Old Republic National Title Insurance Company 400 2nd Avenue South Minneapolis, MN 55401 November 9, 2001 Thomas Kigin Minnesota Public Radio 45 East 7th Street St. Paul, MN 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 November 9, 2001, the owners of the properties abutting the public right- of way described as: That part of Cedar Street as dedicated in Robert's and Randall's Addition to St. Paul, described as follows: Commencing at the Southwest corner of Tract B, Registered Land Survey No. 391, according to the recorded registered land survey thereof, Ramsey County, Minnesota; thence North 36 degrees 48 minutes 16 seconds West, assumed bearing along the Southwesterly line of said Tract B, a distance of 66.40 feet to the point of beginning; thence South 53 degrees 25 minutes 37 seconds West 60.00 feet to the West right of way line of Cedar Street; thence North 36 degrees 48 minutes 16 seconds West 22.00 feet along said line; thence North 53 degrees 25 minutes 37 seconds East 60.00 feet, to the East right of way line of said Cedar Street; thence South 36 degrees 48 minutes 16 seconds East 22.00 feet along said line to the point of beginning and there terminating. are as follows: 1. Legal Description: All that part of Lots 2 and 3, said Block 7, Bazil and Guerin's Addition to Saint Paul lying Southeasterly of the boundary line established by Boundary Agreement dated July 10, 1906, filed August 22, 1906, in Book 55 Miscellaneous, page 507, said boundary line described as follows: Commencing at a point on dividing line between said Lot 3, and Lot 9 in said block (as said line is established in "M" Misc. 536) 113.85 feet Northerly from Northerly line of 9th Street (said distance being measured on said di- viding line) ; thence Easterly and at an angle of 86 degrees 17 1/2 minutes from said line dividing Lots 3 and 9 (said angle being measured on Southerly side of the boundary line about to be described) a distance of 107.26 feet, thence 87 degrees 22 minutes to the left a distance of 5 feet, thence 92 degrees 38 minutes to the right, a distance of 91.74 feet to a point on Westerly line of Cedar Street (as said Cedar Street is laid out through said Block 7) a distance of 85.88 feet (measured on said Westerly line of Cedar Street) Northerly from North line of 9th Street; thence Easterly along said boundary line herein established produced to Westerly line of Cedar Street as said Cedar Street is now used, a distance of 2 feet, more or less; EXCEPT that part of said Lot 2 which was acquired by the City of Saint Paul for Cedar Street. (Continued) (Entry No. 1 continued) Property is: Abstract Fee Owner: Housing and Redevelopment Authority 25 4th Street West, 12th Floor St. Paul, MN 55102-1634 Contract Purchaser: --- 2. Legal Description: Those parts of Lots 1, 2, and 3 in Block 7, Bazil and Guerin's Addition to Saint Paul, (also referred to as Bazille & Guerin's Addition to Saint Paul) , described as follows: Beginning at the southwest corner of Exchange Street (shown as Ninth Street on the plat) and Cedar Street in said City of St. Paul; thence westerly on the southerly line of Exchange Street on an assumed bearing of South 55 degrees 01 minutes 31 sec- onds West, a distance of 95.16 feet; thence South 36 degrees 34 minutes 29 seconds East, a distance of 72.73 feet; thence North 53 degrees 25 minutes 31 seconds East, a distance of 25.37 feet; thence South 36 degrees 34 minutes 29 seconds East, a distance of 14.50 feet; thence South 53 degrees 25 minutes 31 seconds West, a distance of 3.67 feet; thence South 36 degrees 34 minutes 29 second East, a distance of 58.43 feet; thence North 55 degrees 01 minute 31 seconds East a distance of 9.96 feet to a point on a line as described by Title Registration proceedings Document No. 2335512; thence North 52 degrees 01 minute 25 seconds East along said line, a distance of 63.52 feet to a point on the westerly line of Cedar Street; thence northerly on the westerly line of Cedar Street, a distance of 141.73 feet to the point of beginning. Property is: Abstract Fee Owner: EBLDG LLC 46 4th Street East St. Paul, MN 55101-1121 Contract Purchaser: --- 3. Legal Description: Tract B, Registered Land Survey No. 391. Property is: Torrens Fee Owner: Public Housing Agency 480 Cedar Street, Suite 600 St. Paul, MN 55101-2240 Contract Purchaser: --- • 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, IP Lorette Schmaltz Assistant Vice President Old Republic National Title Insurance Company , 1 - .... 441....„/ - ,-, ;.• ....-- -t-, .:.\.<1/ •,.• „ ,S,' ,\ _ jam : ;t' I ' '.\ 150 S<•' •1 �N a'�l. f°� /� o •S ,t ' q a y , ' eJ //\. 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