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Return copy to:
Real Estate Division
140 City Hall
Ptesented
Refened To
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Council File # �" � �
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_ Committee: Da[e _ ...
RESOLVED, that, upon the petition of Independent School District 625 et a1, per Finance
Department File No. 18-1994, public properties hereinafter described are hereby vacated and
discontinued as public property, and (except as herein noted) the easements within those public
properties are hereby released.
The vacated areas are described as follows:
PARCEL NUMBER 1
All of Nebraska Avenue from the east line of Matilda Street to the west line of Galtier Street,
all of Nebraska Avenue from the east line of Galtier Street to the west line of Marion Street,
and a1so, all of the easement for slopes, cuts and fill in said Nebraska as described herein;
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All of Galtier Street from the north line of West Arlington Avenue to the south line of Hoyt
Avenue, and a1so, all of the easement for slopes, cuts and fill in said Galtier Street as described
herein;
PARCEL NCTI�4BER 3
All of Marion Street from the north line of West Arlington Avenue to the South line of
Nebraska Avenue, and also, all of the easement for slopes, cuts and fill in said Marion Street as
described herein;
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All of Matilda Street from the north line of Nebraska Avenue to the north line of Hoyt
Avenue, and a1so, all of the easement for slopes, cuts and fill in said Matilda Street as
described herein;
PARCEL NUMBER 5
RESOLUTION
41NT PAUL, MINNESOTA
All of Hoyt Avenue from the east line of Matilda Street to the west line of Galtier Street, and
also, all of the easement for slopes, cuts and fill in said Hoyt Avenue as described herein;
95-944 �
PARCEL NUMBER 6
That part of the north & south alley in Block 12, RICE STREET VII,LAS lying southerly of a
line 20 feet northerly of and parallel to the westerly ea�tension of the south line of Lot 7, Block
12, RICE STREET VILLAS, and also, all of the easement for slopes, cuts and fill in said alley
as described herein;
PARCEL NUMBER 7
All of the easement for alley purposes over the southerly 20 feet of the westerly 20 feet of Lot
7, Block 12, Rice Street Villas;
PARCEL NUMBER 8
All of the north and south alleys in Blocks 13 and 14, Rice Street Villas, and also all of the
easement for slopes, cuts and fill in said alleys described herein;
PARCEL NUMBER 9
That pazt of the north and south a11ey in Block 15, Rice Street Villas lying northerly of a line
36 feet southerly of and parallel to the south line of Nebraska Avenue, and also, all of the
easement for slopes, cuts and fill in said alley as described herein;
PARCEL NUMBEii 10
That part of the north and south alley in Block 16, Rice Street Villas lying northerly of a line
36 feet southerly of and parallel to the south line of Nebraska Avenue, and a1so, all of the
easement for slopes, cuts and fill in said alley as described herein;
F'URTHER RESOLVED, that the utility easements lying within Lots 1 through 8, Block 2,
Coleman Park, according to the recorded plat thereof, as created in the said plat, are hereby
vacated.
FURTHER RESOLVED, that the Council of the City of Saint Paul hereby authorizes the proper
City officials to convey by Quit Claim Deed to the petitioner the following described property:
All of the easement for alley purposes over the southerly 20 feet of the westerly ZO feet
of I.ot 7, Block 12, Rice Street Villas.
This vacation shall be subject to the terms and conditions of Chapter 130 of the Saint Paul
I.egislative Code, codified March 1, 1981, as amended, and to the following conditions:
1. That the petitioner's, their successors and assigns shall pay $500.00 as an administrative
fee for this vacation, which fee shall be due and payable within 60 days of the effective
date of this resolution.
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2. That the petitioners, their successors and assigns shall pay all costs for the construction
of street intersections affected by this vacation, including but not limited to new curbs,
sidewalks, boulevards, drainage structures and also all costs for removal of existing
improvements where required. All work sha11 be completed by the petitioners, or their
successors and assigns under permit and subject to the approval of the Depaztment of
Public Works.
3. That the vacations shall be contingent on the successful completion of the proposed
Arlington High School in accordance with plans approved by the Saint Paul Department
of Public Works and the Saint Paul Zoning Office.
4. That Utility Easement Certificates of Intended Non-Use haue been voluntazily filed on
behalf of US West Communications, Inc., Northern States Power Company Gas Division,
District Energy St. Paul, Inc., District Cooling St. Paul, Inc., the Water Utility and
Continental Cablevision and made a pazt hereof by this reference and filed in the office
of the City Clerk of Saint Paul, the City for itself, and on behalf of these corporations
and departments, waives the right to the utility easements in the vacated area as
described in the Certificates of Intended Non-Use.
5. fihat Utility Easement Certificates of Intended Non-Use have been voluntarily filed on
behalf of Northern States Power Company Electric and the Department of Public Works,
and have been made a part hereof by this reference and filed in the Office of the City
C1erk of Saint Paul. The City for itself and on behalf of these corporations and
departments, waive the right to the utility easements in the vacated areas described in
the Certificates of Intended Non-Use, however, retaining permanent easements within
the following vacated areas to protect their respective interests:
a. That permanent utility easements shall be retained within the following described
areas to protect the interests of Northern States Power Company:
♦ All of Marion Street from the north line of West Arlington Avenue to the
North line of Nebraska Avenue;
♦ All of Hoyt Avenue from the east line of Matilda Street to the west line of
Galtier Street.
b. That full-width permanent utility and drainage easements shall be retained within
the following described areas to protect the interests of the City of Saint Paul
Department of Public Works:
That part of the north-south alley in Block 15, RICE STREET VILLAS
lying northerly of a line 36 feet southerly of and parallel to the south line
of Nebraska Avenue; and that part of the north-south alley in Block 16,
RICE ST`REET VILI,AS lying northerly of a line 36 feet southerly of and
parallel to the south line of Nebraska Avenue.
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And that a full-width permanent utility easement shall be retained on, over, under
and across the following described area to protect the right of the City of Saint
Paul Department of Public Works:
Vacated Hoyt Avenue between MatIlda and Galtier Streets to 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 purpose of future construction,
reconstruction, inspecting, maintaining or repairing the same or any part
thereof, subject to restrictions as set forth in the attached "Utility Easement
Restrictions.
6. That the petitioner, Independent School District #625, shall dedicate a permanent
easement for utility purposes on, over, under and across the following described land
situated in Ramsey County, Minnesota:
All that part of Hoyt Avenue lying between the East side of Matilda Street and
the West side of Galtier Stieet.
7. That the petitioner, Independent School District #625, shall dedicate a permanent
easement for right-of-way purposes on, over and across the following described land
situated in Ramsey County, Minnesota:
That part of L,ots 1 and 2, Block 15, and Lots 38 and 39, Block 16 all in RICE
STREET VILLAS, according to the recarded plat thereof, Ramsey County,
Minnesota, lying within the circumference of a circle hauing a radius of 55 feet.
The center of said circle is a point on the centerline of Albemarle Street 56.50
feet south, as measured along said centerline, of the south line of Nebraska
Avenue.
8. That the petitioner, Independent School District #625, shall secure a permanent
easement for right-of-way purposes on, over and across the following described land
situated in Ramsey County, Minnesota:
That pazt of Lot 3, Block 15, RICE STREET V1LI.,AS, and that part o£ L.ot 37,
Block 16, RICE STREET VILLAS, according to the recorded plat thereof,
Ramsey County, Minnesota, lying within the circumference of a circle having a
radius of 55 feet. The center of said circle is a point on the centerline of
Albemarle Street 56.50 feet south, as measured along said centerline, of the south
line of Nebraska Avenue.
9. That the petitioner, Independent School District #625, shall secure a permanent
easement for right-of-way purposes on, over and across the following described land
situated in Ramsey County, Minnesota:
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A permanent easement for public right-of-way purposes over, under and across
that part of L.ots 13, 14 and 15, Biock 12; and vacated Nebraska Avenue, all in
RICE STREET VILI,AS, according to the recorded plat thereof, Ramsey County,
Minnesota which lies within the circumference of a circle having a radius of 55
feet. The center of said circle is a point lying 49.25 feet northerly of, as measured
at right angles to, the north line of Nebraska Avenue, and 5.00 feet easterly of, as
measured at right angles to, the west line of Marion Street.
10. That the petitioner, Independent School District #625, shall secure a permanent
easement for right-of-way purposes on, over and across the following described land
situated in Ramsey County, Minnesota:
A permanent easement for alley purposes over and across the south 24 feet of the
west 20 feet of Lot 2, Block 15 ; and over and across the south 19 feet of the west
20 feet of Lot 3; and over and across the north 5 feet of the west 20 feet of Lot 4,
Block 16, all in RICE STREET VILLAS, according to the recarded plat thereof,
Ramsey County, Minnesota.
11. That utility easements dedicated to or retained by the Department of Public Works shall
be subject to the following utility easement restrictions:
a. No buildings, structures, or trees shall be permitted within the easement area nor
any temporary structure, material storage, fixture, or other objects that will
prolaibit 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 shall 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 eacisting grade shall be permitted within the easement area
without the written permission from the Department of Public Works Sewer
Division.
d. No change in surfacing within the easement area shall be permitted without the
written permission from the Department of Public Works Sewer Division.
e. That the petitioner, its successors and assigns shall indemnify, defend, and save
harmless the City of Saint Paul, its officers, agents, employees, and servants from
a11 suits, actions, or claims wluch shall arise 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 resulting from any action or negligence of the
petitioner, its employees, agents, or business invitees.
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1 12. That the petitioner, Independent School District #625, shall secure a permanent
2 easement for public utility purposes on, over and across the following described land
3 situated in Ramsey County, Minnesota:
4 A permanent easement for public utility purposes over, under and across the East
5 54.50 feet of the West 82.50 feet, except the West 2.00 feet of the East 54.50 feet
6 of the West 82.50 feet of the South 30.00 feet of L,ot 32, and over, under and
7 across the north 30 feet of the east 52.50 feet of the West 82.50 feet of L.ot 33, all
8 in SARAII'S OUTI,OTS TO ST. PAIJL, according to the recorded plat thereof,
9 Ramsey County, Minnesota.
1Q Together with a permanent easement for utility purposes over, under and across that
11 part of Lot 1, Block 16, RICE STREET VILLAS, according to the recorded plat thereof,
12 Ramsey County, Minnesota, which lies northeasterly of a line drawn from a point on the
13 north line of said Lot 1, distant 25.00 feet west from the northeast corner of said Z,ot 1,
14 to a point on the east line of said Lot 1, distant 25.00 feet south from said northeast
15 corner.
16 13. That the petitioner, Independent School District #625, shall dedicate a permanent
17 easement for private water main purposes on, over and across the following described
18 land situated in Ramsey County, Minnesota:
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A 30 foot permanent easement for private water main purposes over, under and
across part of Lot 33, SARAH'S OU'I'I,OTS TO ST. PAUL, according to the
recorded plat thereof, Ramsey County, Minnesota; vacated Galtier Street; Lots 1,
2, 3, 4, 5, 26, 27 and 30 and the vacated north and south alley a11 in Block 13,
RICE STREET VILLAS, according to the rewrded plat thereof, Ramsey County,
Minnesota; vacated Marion Street; vacated Nebraska Avenue; I.ots 16, 17, 18, 19,
20, 21, 22 and 23, Block 12, RICE S'I'REET VILLAS. The centerline of said
easement is described as follows:
Commencing at the northwest corner of Lot 33, SARAH'S OUTLOTS TO
ST. PAUL, said point being on the centerline of Nebraska Avenue; thence
South 0 degrees 01 minutes 17 seconds West, along the West line of said
Lot 33 a distance of 199.39 feet thence South 89 degrees 58 minutes 39
seconds East a distance of 30.00 feet to the point of beginning of centerline
to be described; thence South 89 degrees 58 minutes 39 seconds East a
distance of 54.15 feet; thence North 0 degrees Ol minutes 21 seconds East
a distance of 25.23 feet; thence South 89 degrees 58 minutes 39 seconds
East a distance of 139.58 feet; thence South 0 degrees Ol minutes 21
seconds West a distance of 25.23 feet; thence South 89 degrees 58 minutes
39 seconds East a distance of 129.57 feet to a point hereinafter known as
Point A; thence South 89 degrees 58 minutes 39 seconds East a distance of
209.65 feet; thence North 0 degrees 17 minutes 46 seconds East a distance
of 161.53 feet to a point hereinafter known as Point B; thence North 89
degrees 50 minutes 39 seconds East a distance of 63.54 feet; thence North
68 degrees 39 minutes 50 seconds East a distance of 32.56 feet to the south
line of Nebraska Avenue and there said centerline terminates.
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Together with a 30 foot permanent easement for private water main purposes
over, under and across the above described properiy. The centerline of said
easement is described as follows:
Beginning at the aforementioned Point A; thence South 0 degrees Ol
minutes 21 seconds West a distance of 43.70 feet; thence North 89 degrees
58 minutes 39 seconds West a distance of 23.00 feet and there said
centerline terminates.
Together with a 30 foot pernnanent easement for private water main purposes
over, under and across the above described property. The centerline of said
easement is described as follows:
Beginning at the aforementioned Point B; thence South 89 degrees 50
minutes 39 seconds West a distance of 30.51 feet; thence North 46 degrees
47 minutes 53 seconds West a distance of 118.95 feet; thence North 0
degrees 25 minutes 23 seconds West a distance of 5.47 feet to a point
hereinafter known as Point C; thence North 0 degrees 25 minutes 23
seconds West a distance of 272.25 feet; thence North 89 degrees 34
arinutes 37 seconds East a distance of 28.16 feet and there said centerline
terminates.
Together with a 30 foot permanent easement for private water main purposes
over, under and across the above described property. The centerline of said
easement is described as follows:
Beginsung at the aforementioned Point C; thence South 89 degrees 34
minutes 37 seconds West a distance of 32.50 feet and there said centerline
terminates.
Together with a permanent easement for private water main purposes over, under
and across the East 54.50 feet of the West 82.50 feet, except the West 2.00 feet of
the East 54.50 feet of the West 82.50 feet of the South 30.00 feet; and over, under
and across the East 12.00 feet of the West 94.50 feet of the South 30.00 feet of
the North 291.41 feet of L.ot 32; and over, under and across the North 30 feet of
the East 52.50 feet of the West 82.50 feet of I.ot 33, all an SARAH'S OUTLOTS
TO ST. PAUL, according to the recorded plat thereof, Ramsey County
Minnesota.
Together with a permanent easement for private water main purposes over, under
and across that part of vacated Matilda Street and that part of the West 30 feet of
Lot 32, SARAII'S OUTLOTS TO ST. PAUL, according to the recorded plat
thereof, Ramsey County, Minnesota, lying soutl�erly of the following described
line:
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Commencing at the intersection of the North line of Nebraska Avenue and
the West line of said L,ot 32; thence South 89 degrees 39 minutes 24
seconds West along the north line of Nebraska Avenue a distance of 30.00
feet to the point of beginning of the line to be described; thence North 43
degrees 20 minutes 52 seconds East to the east line of the west 30 feet of
said Lot 32 and there said line terminates.
Together with a permanent easement for private water main purposes over, under
and across that part of vacated Hoyt Avenue lying between the west line of
vacated Matilda Street and the west line of Galtier street, except the west 58.00
feet thereof.
For the purpose of this description the sidelines of said easements are to be lengthened
or shortened so as to terminate on the east line of the west 30.00 feet of said Lot 33 and
on that part of Marion Street lying northerly of the south line of Nebraska Avenue, and
on that part of the south line of Nebraska Avenue lying easterly of the west line of
Marion Street.
14. That utility easements dedicated to or retained by the City of Saint Paul, Board of Water
Commisioners shall be subject to the following restrictions:
a. No buildings, structures, or trees aze 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 ea�isting 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 azise 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.
15. That the petitioners, their successors and assigns shall apply for and receive permits, to
be issued by the Department of Public Works and the Board of Water Commissioners,
for the proper abandonment of e�cisting sewer and water mains in vacated Matilda and
Marion Streets, as described in this resolution. All cost and ea�penses for these
abandonments shall be paid by the petitioners, their successors and assigns.
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16. That the peutioners, their successors and assigns shall pay all costs and e�cpenses for the
relocation of existing public sanitary and storm sewers in vacated Nebraska and Hoyt
Avenue, and existing public sanitary and storm sewers and water mains in vacated
Marion Street, as described in this resolution. All work shall be done under permit
issued by the Department of Public Works. The petitioners, their successors and assigns
shall dedicate new easements, by recordable document, for said relocated utilities,
subject to the approval of the Department of Public Works and the Board of Water
Commissioners.
17. That the petitioners, their successors and assigns, by acceptance of the terms and
conditions of this resolution agree to indemnify, defend and save harmless the City of
Saint Paul, its officers and employees from all suits, actions or claims of any character
brought as a result of injuries or damages received or sustained by any person, persons
or property on account of this vacation or petitioners' use of this property, 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 form any violation of any law
or regulation made in accordance with the law, whether by the petitioners or any of their
agents or employees.
Requested by Department of:
Adopted by Council: Date �
Adoptio Certi£ied by Council S etary
By: d- • �
Approved � Mayo . Date S
By:
Finance & Management Seruices
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Director
Form Approv d by City Attorney
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Approved by Mayor Submission to Council
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