96-621Return copy to:
� Real Es!ate Division
140 City Hali
RESOLUTION
OF SAINT PAUL, MINNESOTA
Presessted By
Referred To
coup�,� Fue # 9�_G a �
Green Sheet # J� t �
Committee:
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1 BE TT RESOLVED, that upon the petition of Allina Health System, per Finance Department File No.
2 13-1995, public properties hereinafter described aze hereby vacated and discontinued as public property;
3 and, subject to the herein stated exceptions, the easements within those public properties are hereby
4 released.
The vacated area is described as follows:
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That part of Thompson Street lying northerly of the North Right-of-Way of Grand Avenue and
Southeasterly of the Southeast Right-of-Way of relocated Thompson Street.
Tlus vacation shall be subject to the terms and condition of Chapter 130, codified March l, 1981, ofthe
Saint Paul Legislative Code as amended, and to the following conditions:
1.
That the petitioners, their successors and assigns shall pay $500.00 as an administrative fee, which
shall be due and payable within 60 days of the effective date of this resolution, except that an
amount not to exceed $500.00, paid by the petitioners for a Street Use Pernut to begin
construction in the area to be vacated, shall apply against the said administrative fee.
That the following permanent easements shall be retained to protect the interests of the City of
Saint Paul Department of Public Works:
a. a permanent 30 foot subterranean sewer easement between City elevation 50 and 70 feet,
and centered on the centerline of the entire Thompson Street to be vacated to protect the
existing sand rock sewer main; and
b. a permanent 20 foot access easement, subject to restrictions as set forth in the attached
"Utility Easement Restrictions," centered on a line five feet easterly and northeasterly of
the centerline of that part of Thompson Street to be vacated lying northerly of the north
line of Crrand Avenue and southeasterly of a line 20 feet northwesterly and parallel to the
northwest line of Lot 6 of Metcalf and Wilders Subdivision of Lots 24 and 25 of Block 68,
Dayton and Izvine's Addition eatended to the northeast, to reserve the right of the City to
maintain and operate any sewer in, under or upon said easement, and to enter upon said
easement or any portion thereof at any time for the purpose of future construction,
reconstruction, inspecting, maintaining or repairing the said sewer or any part thereof; and
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1 c. a permanent full width easement on, over, under and across the southerly 8 feet of the
2 vacated area to reserve the right of the City to maintain and operate a traffic signal and
3 street lighting facilities and to enter upon said easement at any tune for the constnxction,
4 reconstruction, maintenance, repair, operation, or inspection of said traffic signal and street
5 lighting faciliries.
Said easements shall be subject to the following conditions:
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d. No buildings, structures, trees or any temporary structure, material storage, fixture, or any
other objects that will prohibit normal access to utility facilities for maintenance purposes
will be pernutted within the easement area.
e. Improvements in or upon the above described easements that do not prohibit the City from
exercising its reserved rights may be allowed by obtaining written permission from the
Department of Public Works with the understanding that, in the event the City exercises its
reserved easement rights, the restoration and costs of such improvements shall be the sole
responsibility of the petitioners, their successors and assigns .
f.
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No change from the e�sting grade within the easement area will be pernutted without
written pernussion from the Department of Public Works.
No change in surfacing within the easement area will be pernutted without written
permission from the Department of Public Works.
25 h. The petitioners, their successors and assigns shall indemnify, defend, and save harmless the
26 City of Saint Paul, its officers, agents, employees, and servants from all suits, actions, or
27 claims which shall arise from any injuries or damages received or sustained by any break in
28 any service pipe or connection in said reserved easement arising out of or resulting &om any
29 action or negligence of the petitioners, their employees, agents, or business invitees.
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31 3.
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That — entirely at the expense of the petitioners — the water main currently located in the area to
be vacated shall be removed and relocated to a utility right-of-way easement to be dedicated by the
petitioners on, under and across that part of Lots 2, 3, 4, 5, 6, 7, 8, 20, 21, 22, 23, Block 68,
Dayton & Irvine's Addition to St. Paul, according to the recorded plat thereof, Ramsey County,
Minnesota; and that part of I,ots 1 to 6 inclusive, Metcalf & Wilder's Subdivision of Lots 24 and 25
in Block 68, of Dayton & Irvine's Addition to St. Paul, according to the recorded plat thereof,
Ramsey County, Minnesota, described as follows:
39 That part of Lots 2, 3, 4, 5, 6, 7, 8, 2Q 21, 22, 23, Block 68, Dayton & Irvine's Addition to
40 St. Paul, according to the recorded plat thereof, Ramsey County, Minnesota; and that part
41 of Lots 1 to 6 inclusive, Metcalf & Wilder's Subdivision of Lots 24 and 25 in Block 68, of
42 Dayton & Irvine's Addition to St. Paul, according to the recorded plat thereof, Ramsey
43 County, Miunesota, described as follows:
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Beginning at the Southeast Corner of said plat of Metcalf & Wilder's: thence North
89 degrees 59 minutes 26 seconds West, an assumed bearing, a distance of 238.18
feet along the north right-of-way line of Crrand Avenue to the Southeast Comer of
Lot 21, said Block 68, Dayton & fivine's Addition to St. Paul; thence North 78
degrees 31 minutes 36 seconds West a distance of 2229 feet; thence North 85
degrees 15 minutes 15 seconds West a distance of 31.39 feet; thence 64.44 feet
along a tangential curve concave to the North, having a delta angle of 125 degrees
09 minutes 19 seconds and radius of 29.50 feet; thence 371.62 feet along a non-
tangential curve concave to the south, having a delta angle of 3 degrees 32 minutes
57 seconds, a radius of 5999.09 feet, a chord bearing of North 41 degrees 44
minutes 21 seconds East, a chord distance of 371.56 feet to a point on the Easterly
line of Lot 2 of said Block 68, Dayton & Irvine's Addition to St. Paul, distant 8.78
feet northwesterly of the Southeast corner of said Lot 2, Block 68; thence South 31
degrees 28 minutes 50 seconds East, a distance of 118.77 feet along the east lines of
Lots 2, 3, and 4 of said Block 68 to the Northeast comer of Lot 6, said plat of
Metcalf & Wilder's; thence South 0 degrees 39 minutes 29 seconds East a distance
of 231.38 feet along the East lines of Lots 1 through 6 of said plat of Metcalf &
Wilder's, to the point of beginning and there terminating; and
Vacated Thompson Street.
Said easement consists of the northwesterly 7.00 feet of the above described property
together with that part of that part of said above described property lying westerly of the
east 5.00 feet of lot 20, Block 68, said Dayton & Irvine's Addition to St. Paul.
Said easement shall be subject to the following restrictions:
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No buitdings, structures or additional trees will be pernutted within the easement area, or
any temporary structure, material storage, fixture or other object that may prohibit normal
access to water facilities for maintenance puxposes.
No change from the existing grade or change in surfacing within the easement area will be
pernutted without written pernussion from the Water Utility.
c. Should the petitioners' works or improvements be damaged or, of necessity, removed as a
result of Water Utility operations, all removal costs and replacement or modification costs
to restore the petitioners works and improvements shall be borne solely by the petitioners.
d. The petitioners, their successors and assigns shall fully indemnify, defend and save hamiless
the Boazd 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 resuiting from any action or negligence of the petitioners, their employees,
agents or business invitees.
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4. That with the accompanying Utility Easement Certificates of Intended Non-Use, filed voluntarily on
behalf ofU.S. West Communications, Incorporated, Northern States Power Company, District
Energy St. Paul, Incorporated, Access Transmission Services Incorporated, Continental
Cablevision, The Water Utility, and The Department of Public Works, made a part hereof by this
reference and filed in the office of the City Clerk of Saint Paul, the City, for itself and on behaif of
these corporations and departments, waive the right to the utflity easements in the vacated area
described above.
That the petitioners their 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 chazacter
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 petitioners 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 petitioners or any of their agents or employees
18 6. That the petitioners their successors, and assigns, shall within 60 days of the effective date of this
19 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution and
20 shall within the period(s) specified in the terms and conditions of this resolution, comply in all
21 respects with these terms and conditions.
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23 BE IT FIIRTHER RESOLVED, that the Council of the City of Saint Paul does hereby accept, on behalf
24 of the Boazd of Water Commissioners, a permanent water utility easement as herein described, made by
25 Allina Health System and Children's Health Caze; and that the City Attorney is hereby directed to file the
26 right-of-way easement conveyance in the Office of County Recorder. A copy of the right-of-way easement
27 dedication is attached hereto and isincorporated herein by this reference.
Certified by
By: _L
Approved
By:
Requested by Department of.
Finance & Manasement Services
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By:l/V���
Director �J�
Form Approved by City Attomey
B �I�����- r-i- y �
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by Mayor for Submission to Council
Adopted by Council: Date � _ S �99 (e