95-248Return copy to:
Real Estate Division
140 City Hall
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;r 09 1995
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Refemed To
Committee: Date
RESOLVED, that upon the petition of Russell B. Moffat, et a1, per Finance Department File No.
2-1995, that a triangular portion of Birmingham Street north of Maryland Avenue and westerly of
Prosperity Avenue, hereinafter described, is hereby vacated and discontinued as public properry.
The vacated area is described as follows:
Council File #
Green Sheet #
RESOLUTION
SAINT PAUL, MINNESOTA
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That part of Birmingham Street and Prosperity Avenue described as follows:
Beginning at the northeast corner of Lot 5, Block 1, BAUERSCHMIDT5
ADDITION; thence on an assumed bearing of North 00 degrees 00 minutes 56
seconds East along the east line of Lot 4 said Block 1 a distance of 3.80 feet; thence
South 54 degrees 50 minutes 08 seconds East 70.00 feet; thence South 19 degrees 50
minutes 12 seconds West 154.05 feet to its intersection with the north line of E,
Maryland Avenue; thence westerly along said north line of E. Maryland Avenue 5.00
feet to the southeast corner of L.ot 6, said Block 1; thence North 00 degrees 00
minutes 56 seconds East along the east line o£ said Block 1 to the point of beginning.
F,YCept the South 7.00 feet thereof.
This vacation shall be subject to the following conditions and requirements:
1. That this vacation shall be subject to the terms and conditions of Chapter 130,
codified March 1, 1981, of the Saint Paul L.egislative Code as amended.
2. That the petitioner, its successors and assigns shall pay $500.00 as an administrative
fee for this vacation which is due and payable within 60 days of the publication date
of this resolution.
3.
4.
That a permanent utility easement shall be retained within the vacated area to
protect the interest of US West Communications, Inc.
'That a permanent utility easement shall he retained within the vacated area to
protect the interest of Northern States Power Company.
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5. That the petitioner shall dedicate a 7.Q0 foot wide easement to the City of Saint Paul
Department of Public Works for street right-of-way purposes along the north side of
Maryland Avenue between Ema Street and Prosperity Avenue. Within this easement
area, all maintenance and liability of any sidewalk which is not in conformance with
the Department of Public Works' standards and specifications and any landscaping
not in conformance with the City Forester's standards for City boulevards shall be
the responsbility of the petitioner and/or successors and assigns. Any improvements
permitted within this easement area are subject to the approval of the Department
of Public Works and no compensation shall be made to the property owner if these
pernutted improvements must be removed from the street easement area for future
street improvements. Said easement is shown on Map "A", attached and
incorporated herein by reference, and is described as follows:
The south 7.00 feet of L.ots 6, 7 and 8, Block l, BAUERSCHMIDT'S
ADDI'I'ION, according to the plat thereof on file and of record in the office
of the County Recorder in and for Ramsey County, Minnesota; also,
Except the east 165.56 feet thereof, the north 7.00 feet of the south 40.00 feet
of the South 3/5 of the East Half of the Southeast Quarter of the Southwest
Quarter of the Southwest Quarter of Section 22, Township 29 North, Range
22 West, Ramsey Counry, Minnesota.
b. That a 40.00 foot permanent utility easement for sewer purposes, centered on the
center line of Birmingham Street, shall be retained on, over, under and across the
vacated area on behalf of the City of Saint Paul, Department of Public Works, to
protect the e�sting public sanitary sewer main. Said easement is shown on map "A",
attached and incorporated herein by reference. Said easement wili reserve the right
of the City to maintain and operate any sewer in or upon said easement and to enter
upon said easement or any portion thereof at any time and from time to time, for the
purposes of future construction, reconstruction, inspecting, maintaining or repairing
the same or any part thereof and shall be subject to the following conditions:
a. No buildings, structures, or trees are permitted within the easement area nor
any temporary structure, material storage, fiYture, or other objects that will
prohibit normal access to utility facilities for maintenance purposes.
b. Improvements in or upon the above described easement that do not prohibit
the City from exercising its reserved rights may be allowed by obtaining
written permission from the Department of Public Works Sewer Division with
the understanding that the restoration and costs of such improvements sha11
be the sole responsibility of the petitioner, its successors and assigns in the
event the City exercises its reserved easement rights.
c. No change from the e�sting grade is permitted within the easement area
without the written permission from the Director of the Department of Public
Works.
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d. No change in surfacing within the easement area is permitted without the
written permission from the Director of the Department of Public Works.
e. That the petitioner, its successors and assigns shall indemnify, defend, and
save harniless the City of Saint Paul, its officers, agents, employees, and
servants from all suits, actions, or claims which shall azise from any injuries
or damages received or sustained by any break in any service pipe or
connection in said reserved easement arising out of or resuiting from any
action or negligence of the petitioner, its employees, agents, or business
invitees.
7. The e�sung public catch basin located in the proposed vacated area receives
drainage from Birnungham Street and from the connecting street between
Birmingham Street and Prosperity Avenue. The petitioner shall be responsible for
installing one or possibly rivo new catch basins and leads to maintain proper street
drainage. All reconstruction in the public right-of-way due to this vacation shall be
the responsibility of the petitioner, including, but not limited to boulevard work,
curbs, and drainage structures. All such work shall be done in accordance with City
standards and specifications and shall be coordinated with the 1995 Prosperity
Avenue realignment project.
8. That a permanent utility easement sha11 be retained over the westerly thirty-five (35)
feet of Birmingham Street from the north line of E, Maryland Avenue to
appro�mately one hundred and eighty-five feet north of the north line of E.
Maryland Avenue on behalf of the City of Saint Paul, Board of Water
Commissioners, as shown on map "B", attached and incorporated herein by reference.
Restrictions within the said easement area are as follows:
a. No buildings, structures, or trees are permitted within the easement area, nor
any temporary structure, material storage, fixture, or other object that will
prohibit normal access to water facilities for maintenance purposes.
b. No change from the existing grade is permitted without written permission
from the Water Utility.
c. No change in surfacing within the easement area is permitted without written
permission from the Water Utility.
d. That the petitioner, its successors and assigns shall fully indemnify, defend and
save harmless the Board of Water Commissioners, its officers, agents,
employees, and servants from all suits, action or claims which shall arise from
any injuries or damages received or sustained by any break in any service
pipe, water main, or connection in said reserved easement, arising out of or
resulting from any action or negligence of the petitioner, its employees, agents
or business invitees.
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9. That the petitioner, its successors and assigns, by acceptance of the terms and
conditions of this resolution agree to indemnify, defend and save harmiess the City
of Saint Paul, its officers, and employees from all suits, actions, or claims of any
chazacter brought as a resuit of injuries or damages received or sustained by any
person, persons, or property on account of this vacation or petitioner's use of this
properry, including but not limited to a claim brought because of any act of omission,
neglect, or misconduct of said petitioner or because of any claims or liability arising
from any violation of any law or regulauon made in accordance with the law, whether
by the petitioner or any of its agents or employees.
10. That the petitioners, their successors, and assigns, shall within 60 days of the
publication date of this resolution, file with the City Clerk an acceptance in writing
of the conditions of this resolution and shall within the period(s) specified in the
terms and conditions of this resolution, comply in a11 respects with these terms and
conditions.
Yeas �� Nays
Adopted
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1:
Absent
�^r� 8 i995
:il Secretary
Requested by Department of:
Finance & Manaaement Services
& �-g�
Director
rm Approved by City Atto ey
Ey : �G✓L/A t! /'� l �J s
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�,�_ Approved by Mayor for Submission to Council
Date / Y //�
�- By: / lJ�_�v � "�l