96-637iteturn copy to:
✓ Real Estate Division
140 Clt}' g'dIl
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Y
RESOLUTION
OF SAINT PAUL, MINNESOTA
r,�eseated sy
Referred To
Committee:
Council File #9�„�3�
Green Sheet # 34184
��
WHEREAS, the Council of the City of Saint Paul, by Resolution C.F. #93-577 vacated public land m
the City of Saint Paul described as:
That part of Clear Avenue lying between Arcade Avenue and the west line of the east
13 feet of Lot 26, Block 3 Kings Arcade Park, estended southerly across said Clear Avenue.
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WHEREAS, the Saint Paul Water Utility has advised that a water easement, running in their favor,
within the said vacated area is no longer needed; and
WHEREAS, based upon the water easement Certificate of Intended Non-Use, filed voluntarily on behalf
of the Water Utility and made part hereof by this reference and filed in the office of the City Clerk
of Saint Paul, the City for itself and on behalf of said corporation, waives it right to the water easement
in said vacated area as described herein, pending completion of replacement water services and payment
for abandonment of a water main within the water easement area in said vacated Clear Avenue, plans for
which are on ffie in the Department of Finance; so
THEREFORE BE IT RESOLVED, pursuant to Sea 130.06 of the Saint Paul Legislative Code and on
behalf of the City of Saint Paul and Saint Paul Water Utility, the Council of the City of Saint Paul does
hereby waive and release the water easement of the Water Utility in said vacated property as described
herein; and
FURTHER BE IT RESOLVED, that upon the passage of this resolution, the City Clerk is hereby
authorized and directed to record a copy of this resolution in the Office of Ramsey County Recorder,
and that the City Clerk shall maintain a copy of said Certificate of Intended Non-Use referenced in this
Requested by Department of:
Adopted by Council: Date ����(�
Adoptio Certified by Counc ecretary
By: � ��.� � �., _ —
Approved by Mayo � Date �,�,�(�1�94
By: �/ V� � ��
Finance & Manaeement Services
I
B �%�'�� �_ R� 'w�
Directoru
Form Appr ved by City Attorney
B �",�LJG��- s'f 2 `l,�st
Approved by Mayor for Submission to Council
BY� d" �� �'"`�"'��
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STATE OF MINNESOTA )
COUNTY OF RAMSEY ) ss.
CITY OF ST. PAUL )
L�,.:.,-._n
C4U?iTY �?cr�ftDER
BY . -�/ �i�PiITY
U
l, Frances Swanson, Deputy City Clerk of the City of Saint
Paul, Minnesota, do hereby certify that I have compared the
attached copy of Council File No. 96-637 as adopted by the City
Council on June 12, 1996 and approved by the Mayor on June 19,
1996 with the original thereof on file in my o�ce.
I further certify that said copy is a true and correct copy of
said original and the whole thereof.
WITNESS, my hand and the seal of the City of Saint Paul,
Ei�3T���� !�7 � Pfi?S�P�� REC�
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DiRECiC? , P�" a , 'T.�X�Fit�
Ra�1se� u oh ne�o?�
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Minnesota, this 5th day of July 1996.
��� ��Q'd�
Deputy City Clerk
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Eif;i7� f�32 .J+�' �
Rec copY — --
Cer copy —
lnitiats �
j (j)„� Pd by/bill �
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Return copy to:
d�` Estate Division
140 City Hall
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Presented Bv
RefertM To
Commitfee:
Council Fite # �. („'3�
Green Sheet # 34184
�
WHEREAS, the Council of the City of Saint Paul, by Resolution C.F. #93-577 vacated public land in
the City of Saint Paui described as:
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That part of Ctear Avenue lying between Arcade Avenue and the west line of the east
13 feet of Lot 26, Block 3 Kings Arcade Park, eztended southerly across said Clear Avenue.
WHEREAS, the Saint Paul Water Utility has advised that a water easement, running in their favor,
within the said vacated area is no longer needed; and
WHEREAS, based upon the water easement Certificate of Intended Non-Use, filed voluntarily on behalf
of the Water Utility and made part hereof by this reference and filed in the office of the City Clerk
of Saint Paul, the City for itself and on behalf of said corporation, waives it right to the water easement
in said vacated area as described herein, pending completion of replacement water services and payment
for abandonment of a water main within the water easement area in said vacated Clear Avenue, plans for
which are on file in the Department of Finance; so
THEREFORE BE IT RESOLVED, pursuant to Sec. 130.06 ofthe Saint Paul Legislative Code and on
behalf of the City of Saint Paul and Saint Paul Water Utility, the Council of the City of Saint Paul does
hereby waive and release the water easement of the Water Utility in said vacated property as described
herein; and
FURTHER BE IT RESOLVED, that upon the passage of this resolution, the City Cterk is hereby
authorized and directed to record a copy of this resolution in the Office of Ramsey County Recorder,
and that the City Clerk shall maintain a copy of said Certificate of Intended Non-Use referenced in this
resolution on file in the Office of the Citv Clerk
Requested by Department of.
Adopted by Council: Date °� 1 '(�
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B dop�ttCertified by ecr�eta�ry�� `
Y � j�-�
Approved by Mayor� Date �G
By �i'� i ��
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2939191
RESOLUTION
ITY OF SAINT PAUL, MINNESOTA
Finance & Manaeement Services
By: `� ! � \.�Q1_ v l / tl� ,l�s� �
Director�
Form Appr ved by City Attorney
B ��UG��- s"�z `l/SC
Approved by Mayor for Submission to Council
By���_�,�
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' iteturn copy foP
}teal Esfate Division
218 City•Hall
2939191
xssoLU�r=ox
CZTY OF SBINT PBDL,
Presented Sp
Re£erred To
q�- 3
�� � Council File
--�
creea
Sheet � o2.�3z9
Committee: Date
RESOI,VED, that upon the petition of the First National Bank of The
North and Independent School District 625, per Finance Department
File No. 3-1993, that part of Clear Avenue lying westerly o£ AYCade
Avenue, hereinafter described, is hereby vacated and discontinued
as public property.
The vacated area is described as follows:
All that part of Clear Avenue lying between Arcade Avenue
and the west line of the east thirteen feet of Lot 26,
Block 3, Kings Arcade Park, extended southerly across
said Clear Avenue.
This vacation shall be subject to the following conditions:
1. That this vacation shall be subject to the terms and
conditions of Chapter 130, codified March 1, 1981, of
the Saint Paul Legislative Code as amended.
2. That the petitioners, their successors and assigns
shall pay $9017.00 as compensation for this vacation
which shall be paid within 60 days of the publication
date of this resolution.
3. That a permanent 30 Poot utility easement shall be
retained on, over, under and across the vacated area
and centered along the centerline of said vacated
Clear Avenue on behalf of the City of Saint Paul,
Department of Pubic works, subject to the following
conditions:
a. No buildinqs, 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 sewer
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 Prom the
Department of Public Works Sewer Aivision
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2939191 � `, `3 �
with the understandinq that the restoration
and costs of such improvements shall be the
responsibility of the petitioners, their
successors and assigns in the event the City
exercises its reserved easement rights.
c. ldo change from the existing grade is
permitted without written permission
from the Director of the Department of
Public Works.
d. No change in surfacing within the easement
area is permitted without written permission
from the Director of the Department of Public
Works.
e. That the petitioners, their successors, and
assigns shall indemnify, de£end, and save
harmless the City of Saint Paul, its
officers, agents, employees, and servants
from all suits, actions, or claims which
shall arise from any injuries or damages
received or sustained by any break in any
service pipe of connection in said
reserved easement arising out o£ or
resulting from any action or negligence
of the petitioners, their employees,
aqents, or business invitees.
4. That a permanent Water Utility Easement shall be
re�ained on, over, under and across the south 30
feet of the north 35 feet of 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.
b. No change from the existing 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 petitioners, their successors, and
assigns shall fully indemnify, defend,
and save harmless the Board of Water
Commissioners, its officers, agents,
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2939191
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That the petitioners, their successors, and assiqns
shall within 60 days of the publication date of
thi.s resolution, file with the City Clerk, an
acceptance in wr'iting of the conditions oP 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.
Requested by Department of:
Adoption
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By: ,_�
By:
Secretary
'/ ` �
By: �1 il� �
Forta Approved by City Bttorn
sy: �z. '!,/ l 3_ z S-� .�
'Approved by Mayor for Su to Council
Sy: JY""'✓i„f_���1^��
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Adopted by r cpunpil: Datg� �