96-464Return cop� to: �"`; ,; � : ^ j �� �'ti � Council File # �." y b �
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Real Estate DivisioA �,� ; -. , ! b :�i �
140 City Hall � Green Sheet # 3�OC��}-
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Presented By
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OF
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Referred To Committee: Date
P� � �� �
RESOLVED, that upon the petition of Twin City Refuse and Recycling Corporation, per
Finance Department File No. 17-1993, that part of West Water Sueet lying between Harriet
Island and Rosen Addition, hereinafter described, is hereby vacated and discontinued as public
property.
The vacated area is described as follows:
All that part of West Water Street in the NW 1/4 of Section 7, Township 28 North,
Range 22 West, and that part of West Water Street as opened by resolution C. F.
153980, approved October 10, 1950, and recorded in documents numbered 294476 and
1260102 that lies southwesterly of the circumference of a circle having a radius of 35.00
feet and northeasterly of "Line 1". Said circle and "Line 1" aze described as follows:
The center of said circle is at the point of intersection of the center line of said
West Water Street and a line drawn 35.00 feet southerly from the cast iron
monument marking the southerly comer of Block 205 Irvine's Addition to West
St. Paul, according to the recarded plat thereof.
"L'me 1" is the northwesterly extension of the southwesterly line of L.ot 1Q "Rosen
Addition," St. Paul, Minn.
Except any pazt of said West Water Street which lies within the circumference of said
circle described above. Also, all of the easement condemned for slopes, cuts and fill for
the grading and paving of said West Water Street lying within or adjacent to said vacated
area.
This vacation shall be subject to the following condidons:
1. That this vacation sha11 be subject to the terms and conditions of Chapter 13Q codified
March 1, 1981, of the Saint Paul L,egislative Code as amended.
2. That the petifioners, their successors and assigns shall pay $500 as an administrative fee
for this vacation which is due and payable within 60 days of the publication date of this
resolution.
3. That a permaneat utility easement shall be retained on, over, under and across the
vacated area described above on behalf of the City of Saint Paul, Department of Public
Works 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 purposes of future construction, reconstruction, inspecting,
maintaining or repairing the same or any part thereof and shall be subject to the
following conditions:
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a. No buildings, trees or structures ase permitted within the easement area nor any
temporary structure, material storage, fixture, or any other objects that will
prohibit normal access to utility faciliries 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 obtainiug written
permission from the Department of Public Works with the understanding that the
restorarion 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 existing grade is permitted within the easement area without
written permission from the Department of Public Works.
d. No change in surfacing within the easement azea is permitted without written
permission from the Department of Public Works.
e. That the petitioner, its successors and assigns shall indemnify, defend, and save
harmless the City of Saint Paui, its officers, agents, empioyees, and servants from
all suits, actions, or claims which may arise from any injuries or damages received
or sustained by any break in any service pipe or connection in said reserved
easement azising out of or resulting from any action or negligence of the
petitioner, its employees, agents, or business invitees.
4. That a permanent utility easement shall be retained on, over, under and across the
vacated area on behalf of the City of Saint Paul, Board of Water Commissioners 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, fixture, or other objects that will prohibit
normal access to water facilities for maintenance purposes, except that trees may
be permitted within the easement upon written permission from the Water Utility.
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
pernussion from the Water Utility.
d. That the petiuoner, 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, actions or claims which may 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.
5. That the owners of Lots 6& 7, Twin City Refuse & Recycling, Inc, their successors and
assigns shall dedicate, to the City, a perpetual easement for right-of-way purposes within
60 days of the publication date of this resolution, on, over, under, and across the
foilowing described properties:
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That part of I.ot 6& 7, Rosen Addition to St. Paul, Minnesota, according to the
recorded plat thereof, which lies within the circuwference of a circle ha�ing a
radius of 35.00 feet. The center of said circle is the point of intersection of the
center line of West Water Street and a line drawn 35.00 feet southerly from the
cast uon monument mazldug the southerly comer of Block 205 Irvine's Addition
to West St. Paul, according to the recorded plat thereof.
6. That a perpetual easement for right-of-way purposes be retained on behalf of the City of
Saint Paul, on, over, and across the following described properry:
That part of vacated Short Street as dedicated in Irvine's Addition to West St.
Paul, which lies within the circumference of a circle hauing a radius of 35.00 feet.
'The center of said circle is the point of intersection of the centerline of West
Water Street and a line drawn 35.00 feet southerly from the cast iron monument
marldng the southerly corner of Block 205, said Irviue's Addition to West St. Paul.
7. That the council of the City of Saint Paul hereby authorizes the proper City Officials to
convey said vacated West Water Street to the respective adjoining property owners
(petitioners, their successors and assigns).
8. That a permanent utility easement shall be retained within the vacated area to protect
the interest of Northern States Power Company.
9. That a permanent utility easement shall be retained within the vacated area to protect
the interest of U.S. West Communication, Inc.
10. That the Council of the City of Saint Paul hereby authorizes the proper City Officials to
convey the subject vacated area to the petitioners by Quit Claim Deed.
11. That the petitioner, Twin C`ity Refuse, shall pay all costs associated with the removal of
the street lights within the vacated area adjacent to its property.
12. That in the event the City acquires any of the Petitioners property affected by this
vacation, the City shall pay for no part of said vacated West Water Street as described in
this resolution.
14. That the petitioners, their successors, and assigns, by acceptance of the terms and
conditions of this resolution agree to indemnify, defend and saue 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 petitioner's 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 from any violation of any law
or regulation made in accordance with the law, whether by the petitioner or any of its
agents or employees.
15. 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 ali suits, actions, or claims of any character
brought as a result of injuries, damages or costs received or sustained by any person,
persons, or property arising from a release or threatened release of a hazardous
substance, poilutant, contaminant, or petroleum on the vacated area.
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16. 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 all respects with these terms and conditions.
17. That private access easements be granted to the owners of all properties which lose
direct access to public roadways as a result of tbis vacation in order that they maintain
access.
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Requested by Department of:
Adopted by Council: Date �f�� l44 ( 0
1
Adoption Certified by Council S retary
By:
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Approved by Map : Dat
By: ! "�K� ��Q/�*.ri0)
Finance & Mana ement Services
By: �°����� �' ir ator
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Form Appro by City Attorney
sy : �%�i.l,�d� vy.a�. 3/L 7j�i�
Approved by Mayor for Submissioa to Council
By: �� 6-- (�