94-1581 , ' Council File # 9 • 1 S$ �
Green Sheet # 3 � � �Q
RESOLUTION
CITY F SAINT PqU , MINNESOTA
Presented By
Referred To Committee: Date
1
2 A RESOLUTTON RES INDING PRIOR RESOLUTIONS PERTAINING TO
3 THE VACATION OF AN AL EY REQUIRED FOR CONSTRUCI'ION OF AN
4 "ELDER CARE FACILITY" D CONSOLIDATTNG INTO ONE DOCUMENT THE
5 TERMS AND CONDITIONS F THE VACATTON AS CONTAINED IN THE
6 PRIOR RESOLU'TIONS.
7
8
9 WHEREAS, the Counci of the City of Saint Paul, on August 24, 1994 per
10 Finance Department File No. 1-1994, upon the Petition of 2305 Riverford Partnership,
11 Multi-Clean, Inc. and Liquor V llage, Inc. (hereinafter,"Petitioners"), approved resolution
12 C.F. 94-1258 vacating certain p blic property; and
13
14 WHEREAS, due to err s in the legal descriptions of the property provided by
15 the Petitioners in the said resol tion, the Council of the City of Saint Paul, on
16 September 21, 1994 approved r solution C.F. 94-1359 which corrected the erroneous
17 legal descriptions but left intact all of the other terms and conditions contained in C.F.
18 94-1258; and
19
20 WHEREAS, the real pr erty vacated in the above resolution(s) is to be
21 incorporated into the constructi n of a new "elder care facility"; and
22
23 WHEREAS, in order to ccommodate the construction of this "elder care facility",
24 the Petitioners have requested t at the terms and conditions contained in C.F. 94-1258,
25 as amended in C.F. 94-1359 be mended again; and
26
27 WHEREAS, the City de res to accommodate the requests of the Petitioners and,
28 in the interests of the Petitioner and the City, it appears that the best way in which to
29 facilitate the Petitioners request is to rescind both C.F. 94-1258 and C.F. 94-1359 and in
30 their place substitute the followi g resolution so that the recitation of the terms and
31 conditions of this vacation may e pronounced in one resolution rather than three;
32 NOW, THEREFORE, BE IT
33
34 RESOLVED, that the R olutions contained in C.F. 94-1258 and C.F. 94-1359 be
35 and are hereby rescinded in thei entirety; AND
36
37 BE IT FURTHER RES LVED, that upon the petition of 2305 Riverford
38 Partnership, Multi-Clean, Inc., a d Liquor Village, Inc., per Finance Department File
39 No. 14-1994, that part of the all in Block 5, Saint Catherine Park, Ramsey County,
40 Minnesota, bounded by, Ford P kway, Mississippi River Boulevard, and Highland
41 Paxkway, hereinafter described, ' hereby vacated and discontinued as public property.
42
43
� 1 � The vacated area is de ribed as follows: �— � s�
I �
2
3 All of the north- outh alley that adjoins Lots 5 through 12,
4 Block 5, Saint C therine Park, lying southerly of the northerly
5 line of Lot 6, Bl k 3, Edgecliffe Addition Number 2,
6 extended easterly across said alley, subject to Ford Parkway.
7
8 This vaca,tion shall be s I ject to the following conditions:
9
10 1. That this vacation sh 1 be subject to the terms and conditions of Chapter 130,
11 codified March 1, 1981, of the aint Paul Legislative Code as amended.
12
13 2. That the Petitioners � their successors and assigns shall pay $500.00 as an
14 administrative fee for this vacat' n within sixty (60) days of the publication of this
15 resolution.
16
17 3. That the Petitioners o, their successors and assigns shall dedicate a permanent
18 easement for public alley and ut ity purposes to the City, by recordable document, as
19 follows:
20
21 A permanent ease ent for public alley and public utility
22 purposes on, over, nder and across that Part of Lot 5, Block
23 5, Saint Catherine ark, according to the recorded plat
24 thereof, Ramsey C nty, Minnesota described as follows:
25
26 Commencing at the ortheast corner of said Lot 5; thence on
27 an assumed bearing of South, along the easterly line of said
28 Lot 5 for 12.73 feet o the actual point of beginning of the
29 easement to be desc ibed; thence continue on a bearing of
30 South, along said e terly line for 20.00 feet; thence South 89
31 degrees 38 minutes seconds West for 48.49 feet; thence
32 westerly for 20.33 fe t along a tangential curve concave to
33 the south, radius 43. 0 feet and central angle 27 degrees OS
34 minutes 02 seconds; ence westerly for 35.30 feet along a
35 reverse curve concav to the north, radius 47.00 feet and
36 central angle 43 degr es O1 minutes 43 seconds; thence North
37 74 degrees 24 minute 47 seconds West, tangent to said curve
38 for 3.01 feet; thence orthwesterly for 18.25 feet along a
39 tangential curve conc ve to the northeast, radius 37.00 feet
40 and central angle 28 egrees 15 minutes 57 seconds, to the
41 westerly line of said t 5; thence North 00 degrees 00
42 minutes 31 seconds st, along said westerly line for 30.91
43 feet to the northwest rner of said Lot 5; thence North 89
44 degrees 38 minutes 32 seconds East, along the northerly line
45 of said Lot 5 for 2.00 et; thence southeasterly for 7.37 feet
46 along a non-tangential rve concave to the northeast, radius
47 8.00 feet and central a gle 52 degrees 47 minutes 54 seconds,
48 the chord of said curve bears South 24 degrees 53 minutes 52
49 seconds East; thence s utheasterly and easterly for 19.09 feet
50 along a compound cu � concave to the north, radius 28.00
51 feet and central angle degrees 03 minutes 39 seconds;
-1 thence North 89 I � egrees 38 minutes 32 seconds East for ��—�' �� j
2 98.24 feet to the oint of beginning.
3
4 4. That the Petitioners r their successors and assigns shall apply for and receive
5 a paving permit from the Dep tment of Public Works for the construction of said alley.
6 The Petitioners or their succes rs and assigns shall pay all costs and expenses for the
7 construction of said alley.
8
9 5. The Petitioners or th I ir successors and assigns shall apply for and receive a
10 permit to construct a new drain ge system in the remainder of the un-vacated alley in
11 said Block 5, and also in the ne dedicated alley, from the Department of Public Works,
12 and shall pay all costs and expe ses for the construction of said drainage system subject
13 to the approval of Public Wor Sewer Division.
14
15 6. The Petitioners or th II r successors and assigns shall apply for and receive a
16 permit to abandon the existing tch basin in said vacated alley or take over all costs and
17 expense of said catch basin as a rivate responsibility.
18
19 7. That the Petitioners o I their successors and assigns shall pay all costs and
20 expenses for the relocation of ex sting lighting feed cabinet and associated equipment,
21 subject to NSP distribution reloc tion, also being subject to the approval of the
22 Department of Public Works.
23
24 8. That a permanent utili l easement shall be retained within the vacated area to
25 protect the interest of Northern tates Power Company until such time as Northern
26 States Power Company releases i writing such easement.
27
28 9. That a permanent utili easement shall be retained within the vacated area to
29 protect the interest of U.S. West ommunication, Inc., until such time as U.S. West
30 Communication, Inc., releases in iting such easement.
31
32 10. That a permanent utili easement shall be retained within the vacated area
33 to protect the interest of Contine al Cablevision, Saint Paul, Inc., until such time as
34 Continental Cablevision, Saint Pa l, Inc., releases in writing such easement.
35
36 11. That the Petitioners or their successors and assigns by acceptance of the
37 terms and conditions of this resolu ion agree to indemnify, defend and save harmless the
38 City of Saint Paul, its of�cers, and mployees from: (i) their failure to perform the
39 conditions herein provided; and (ii from all suits, actions, or claims of any character
40 brought as a result of injuries or d mages received or sustained by any person, persons,
41 or property on account of this vaca ion or Petitioners use of this property, including but
42 not limited to a claim brought bec se of any act or omission, neglect, or misconduct of
43 said Petitioners or because of any aims or liabilities arising from any violation of any
44 law or regulation made in accorda e with the law, whether by the Petitioners or any of
45 their agents or employees.
46
47 12. That the Petitioners or t I eir successors and assigns shall, by December 1,
48 1994, file with the City Clerk an ac ptance in writing of the conditions of this
49 resolution. �
50
51 13. That the Petitioners or t eir successors and assigns shall file with the City of
52 Saint Paul, Department of Public W rks, a performance bond in the sum of fifty
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, 1 � thousand dollars ($50,000.00) assuring the City that the construction projects described
2 in paragraphs 4 and 5 herein s 11 be completed.
3
4 14. Notwithstanding the foregoing conditions, upon fulfillment of condition
5 Numbers 3, 12 and 13, the vac ion of the above-referenced alley shall be deemed
6 complete.
7
8 15. Upon the fulfillmen of condition Numbers 3, 12 and 13, the City shall be
9 further deemed to have release any and all easement rights reserved to the City under
10 the provisions of Saint Paul Le 'slative Code Section 130.05
11
12 16. The City shall, if re ested by Petitioners or their successors and assigns,
13 acknowledge completeness of s ch conditions 3, 12 and 13 by certified letter to
14 Petitioners or their successors a' d assigns and/or to their designees.
15
16 BE TT FINALLY RESO VED, that the City Clerk shall file a copy of this
17 resolution in the Office of the ecorder, Ramsey County, Minnesota.
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Adopted by Council: Date �
� Form Approved by City Attorney ��
Adoption Certified by Council Secr tary g � �� _ Z�_ :
B y� Appro�ve y May�or for Submission to
Approved b May . Date ,
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CITY OF SAINT PAUL
�;;;�� ; OFFICE OF THE CITY COUNCIL
MICHAELJ. ARRIS ? ��/'
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CITY HALL THI FLOOR SAINT PAUL, MINNESOTA 55102 612/266-8630
s as
Printed on Recycled Paper
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�.M.S:/REAL ESTATE DIVISIO Date October 25, 1994 Gre�a Sheet Nam6er:
�A1Cl1�Q�il' DIRBCl�OR 4 OOUNCII. �
P�er�on aod P600e Nambec
� ;,,, 1 ATI�O1iNBY CIBRR •
Dick McCann 266-8866 266-88 =w n�croR a . a� wcr. svc. rR.
3 YOR (OR AS4STAI�T1)
u� oa c.o� �oa. �: November 2, 1994 !
# oF sGrtnzvRa rwc�s 1 � Au, i.ocaT[o�s FoR �c�rrwzvxa� f
pprnve resolution authorizing the vaca on of part of the alley in, Block 5, St. Catherine Park, bou�ded �'
ord Parkway, Mississippi River Blvd, ghland Parkway and Woodlawn Avenue � i
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rw�, s�cwc� ooxriencis �usr nrrs�ws� � Po�.own�c: �
�AMVIN(3 �OMI�ON ���' . Has tbe penon/fiem cver woiloed under a ao�tract for this deparp�eat? Y�S NO j
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AVII. �tVI(� OOMIQS�ON Haa ffiis penoa/6� ever boen a t5ty empio9aeR YH�► NO ;
� OOMl1iQTl'� Does tLi� ponoo/Srm porsas a du71 na aormaU9 P� 6 9 �Y % ' i
' — �rnent QtY �? � � i
all Yffi aaw�ra on a sq�e e6ect and �d�#. �
R15 WHICH aDUN(�. OB1ECi1VE? ;
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TIIV� rxoBU�, �B, orr�xiv�t�t (wbo, wn�; w�n, wtiyl� ��
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e petitioners have reqnested this vacat n for the purpose of constructing an elder-care center '
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vArrrnaes m �ov�: � ;
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acation of the allcy prnvtdes the additio al land needed to construct the center � ;
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LSADVANTI'AGBS 1F APPROV�: I
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isapproval of the resolntion will delay th project s ,
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Ar, nMOUrrr oP zx�,r�►cno� $5 .00 oosr/xsv�uB sunc� �r�c:t.a oris� �s' nro �
ING SOURCE: AC1iV1TY NUMBSR QQi -01300-2833 !
IIVPORMATIOPI: (S7�'IAIIV) � �
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I � Transaction amonnt is an administrative ee for the vacat�on. �
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