96-326Return copy to:
Real Estate Division
140 City Hall
RESOLUTION
Presented By
Referred To
Conncil File # 3 L— 3�(.
Green Sheet # 3_�.1�
Committee: Date
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
BE TT RESOLVED, that upon the petition of The Salvation Army, pursuant to Finance
Department File No. 7-1995, public properties hereinafter described are hereby vacaxed and
discontinued as public property.
T'he vacated azea is described as follows:
Faccept the Westerly 179.52 feet, that part of the alley in Block 4, Leech's Addiuott to
Saint Paul and C.L. Lain's Rearrangement of part of Block 4, Leech's Addition lying
Westerly of the Northwesterly line of West Seventh Street; and
That part of Lot 1, C.L. Lain's Rearrangement of part of Block 4, Leech's Addition lying
East of a line perpendicular to and intersectiug the Northwesterly line of West Seventh
Street at a point 5 feet Southwesterly of its intersection with the Northerly line of said
Lot 1.
This vacation shall be subject to the terms and condirions of Chapter 130, codified March 1,
1981, of the Saint Paul I.egislative Code as amended, and to the following conditions:
1, That, in lieu of the $500.00 administrative fee for this vacation, otherwise due and
payable within 60 days of the effective date of ttris resolution, the petitioner shall
dedicate to the City of Saint Paui, for the puigose of widening Smith Avenue to
accommodate a turn lane, a permanent right-of-way easement over and across the
following described lands:
all that part of the east ten feet of I.ot 1, Block 4, Leech's Addition to Saint Paul
lying northwesterly of the northwest line of West Seventh Street and southeasterly
of the following described line:
�������
� �� � ��y,
1 �l�.
from a point on the easterly line of I.ot 1, Block 4, Leech's Addiuon to
Saint Paul lying 70.00 feet southerly of the northeast corner of said Lot 1,
thence westerly on a line perpendiculaz to the said easterly line of Lot 1 a
distance of 10.00 feet to the point of beginning; thence northeasterly to a
point on the said easterly line of Lot 1 lying 2Q.00 feet southerly of the said
northeast comer of Lot i.
and that, by May 1, 1996, the petitioner shall have removed any structures on the lands
to be dedicated.
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
25
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
�4
l5
Q�(�a��:�G�.,i
at�-3a�
P�ZC���
2. That the pefitioner shall provide an access easement, in accordance with a site plan,
which shall be filed with and subject to approval by Saint Paul Traffic Engineering,
running from West Seventh Street, through its proposed parl�ng lot, to that portion of
the alley in Block 4, L,eech's Addition to Saint Paul not subject to this vacation. Failure
by the petitioner to secure approval of its site plan by Saint Paul Traffic Engineering will
render this resolution null and void.
�
G!
That the pefitioner shall provide a public drainage easement to be approved by 5aint
Paul Sewer Engineering and in accordance with an approved site plan.
That the petitioner shall submit to the Department of Public Works a survey showing
and describing the above referenced right-of-way dedication, access and drainage
easements.
5. That the petitioner shall be responsible £or reconstructing the intersection of that portion
of the alley to be vacated with adjacent West Seventh Street to remove all appearances
of public right-of-way. This shall include, but not be limited to, new curbing, sidewalks,
boulevazds, drainage structures and signage, constructed under permits, all to the
satisfaction of the Department of Public Works.
6. That a permanent utility easement shall be retained for electric power line purposes in
that part of the area to be vacated lying Westerly of a line 15 feet Easterly of and
parallel to the Southerly e�ctension of the Westerly line of L.ot 3, said Block 4 to protect
the interests of Northem States Power.
7. That a permanent sub-surface utility easement shall be retained within the vacated area
to protect the interest of U.S. West Communication, Inc.
8. That the petitioner its successors, and assigns, shall within 60 days of the effective 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.
9. That, the petitioner, its successors, and assigns 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 properry on account o£ this vacation or peririoner's use of this
properry, including but not limited to a claim brought because of any act of omission,
neglect, or misconduct of said petirioner or because of any claims or liability arising from
any violation of any law or regulation made in accorda.nce with the law, whether by the
petitioner or any of its agents or employees
�- 3�3 ��-���
2
3
4
5
6
7
8
9
10
11
12
13
14
BE TT FITRI�R RESOLVED, that, in accordance with the accompanying Utility Easement
Certificates of Intended Non-Use, filed voluntarily on behalf of District Energy St. Paul,
Incorporated, MCI Metro, The Water Utility and Continental CableVision, which, by this
reference, shall be made a part hereof and shall be filed in the office of the City Clerk of Saint
Paul, the City, for itself and on behalf of these corporations and departments, do hereby waive
the right to the utility easements in the vacated azea descn'bed above; and
BE TT FIJRTHER RESOLVED, that, subject to the above-described conditions and exceptions,
and in accordance with the accompanying Utility Easement Certificates of Intended Non-Use,
�led voluntarily on behalf of Northern States Power, US West Communications and the
Department of Public Works, which, by this reference, shall be made a part hereof and shall be
filed in the office of the City Clerk of Saint Paul, the City, for itself and on behalf of these
corporations and departments, do hereby waive the right to the utility easements in the vacated
azea described above.
������'�����
s
s�`;�€�:� �r��
Requested by Department of:
�'na ice z Mana ement Servi es
O
By:
tor
Form Approved bq City Attorney
Adopted bp Council: Date �1gq �
,
Adoption Certified by Couacil Secretarq
Bp: ���
Approved by
By:
(?-1995.res)
By:
Appr by M por fo ub ssioa to Council
Date �
1, �
� gy;