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96-71Return copy to: Real Estate Division 140 City Aall �F��1�!.AL P�o� � Council File # �L — �' Green Sheet # 34051 RESOLUTION CITY OF SAINT PAUL, MINNESOTA �? � 1 2 3 4 J 6 7 8 4 1� 11 12 13 14 1.5 16 77 78 19 20 21 ?2 WHEREAS, the Council of the C`ity of Saint Paul, upon the petition of the Timothy L. Vergin as contained in Finance Department File No.03-1995 did, by that resolution stated in Council File 95-943, approve the petition to vacate and discontinue as public property, a two foot wide portion of Vandalia Street abutting the west properry line of 764 Vandalia Street to accommodate a building encroachment onto public right-of-way; and WHEREAS, a condition of said vacation was omitted from Council File No. 95-943 which would cause said vacated right-of-way to revert to City ownership following demolition of that portion of the encroaching building; and WHEREAS, the petitioner and the Department of Public Works originally requested that said vacation include the above mentioned term limitation; NOW THEREFORE, BE IT RESOLVED, that Council File No. 95-943 is hereby amended to include the following: 4. That the land described above is vacated to accommodate a building encroachment and that upon removal, reconstruction, alteration demolition or otherwise non-existence of the encroaching building, the vacated land shall reveri to the City of Saint Paul as street right-of-way without charge or cost to the City. AND BE IT FURTHER RESOLVED, that all other terms and conditions set forth in Council File No. 95-943 shall remain in full farce and effect. Requested by Department of: �'inance & Management Services j �\��e � / By�`� WL� r \ � \ Directo Form Approved by City Attorney By: �„�li��----- l — � ' 9� : : �pproved by Mayor for Submission to Council By: /`2� �'<�� Adopted by Council: Date �,�.. dy ��qt, Adop,fi�on Certified by Counc' Secretary F.M.S wn� / J� om� ESTATE DIVIS{ONI 1 riate: 266-8850 � be oa Coonal Agenda bY- Green Sheet Nnmben 3q.051 �F1�7i' DIILECDDR 4 QTY OOUNCII. 7DRNEY i 5 GT1Y QER% DIlLLCDDR & MGP. SVG D1R ORASSIS1ilN1) 6 Fs�ateDiv/140GtyHaD OF S[GNATURL PAGES _� (QlP AIL IACATIONS FOR SIGNAIVRL� �`�'� Q$ 1996 �nd C.F.#95-943 to inciude term limitarion on vacation of that portion Vandalia StreeY"�butting Vandalia Street. Real Estate Vacation Pl"le # 03-1995. PIANNING COMdIISSION A� QVII. SEAVICE COMSIvIISSiON CC� COTIlOIITfEE IRTS WI�IICH CAUNCII.OBIECIYVL? '�� Exsorr�u, sexvic� coxrxncis rdusr nxsw�xx� rou.ownv� SrAFF Has the pexson(fiim ever worked uuder a contrad for this depa�tment? YLS NO Has this pesoa(fims eva becn a Gty ewployee? YES NO Dces this pesoaff� po�ss a ski3t not normally poasessed by anp GSirnent Gty employee? YES NO lain all YES an.mes on a sepatate sheet and ailach CAUNCQ. WARD(S7 Q DIS1RICf PIt1NNING COUNCII. 1?. 17NG PROBI.Fd�f, LSSI7E, OPPORTUNTl'Y (Whq What, When, Whem, Wh}?�Y the Petitoner and Public Works initially requested that a term limitation be put on this vacation of property. ✓ANl'�1GES IF APPROVFD: " e vacated right-of-way would revert back to City ownership if encraoching structure is ever demolished vastly renovated. IF APPROVPA: i�rf"e°C? hp e. �,''��1 � � n��;;� J�N'��99b & �`�, '. � ,� -_�:, ,�� r, �+*°� �-'s+ n :x. <,.: .. .,. . �VANI'AGES IF NOT APPROVED: vacated right-of-way would stay in possession of the petitioner. L nMOUrrr or Z•xnxsACnox_ �p cosr/x�veNV$ avnGSrEO �cucc�.e oive� �s xo souxc� amo�nzzox: �einuv� ncilvrrsr xor�m8z: � Return copy to: - � Real Estate Division iaa ;� (jao) r,rscocw n Q�`��ir�l�i i -""� Rcfc=rcdTo 1 2 3 4 5 6 7 8 9 1Q 11 12 13 14 15 16 i7 .� ig 20 2i �� RESOLVED, that upon the petition of Timothy L. Vergin, per Finance File No. 03-1995, that the two foot wide portion of Vandalia Street abbuting the west properry line at 764 Vandalia Street is hereby vacated and discontinued as Public Property; subject to the following conditions: 1. That this vacation shall be subject to the terms and condition of Chapter 13Q, codified March 1, 1981, of the Saint Paul Legislative Code as amended. 2. That the petitioner's, their successors and assigns shail pay $500.00 as an administrative fee for this vacation which is due and payable within 60 days of the publication date of this resolution. 3. That the petitioner's, their successors and assigns, by acceptance of the terms and condition of this resolution, agree to identify, defend and save harmless the City of Saint Pau1, its officers and employees from a11 suits, actions or claims of any character brought as a result of injuries or damages received or sustained by any person, persor.s, or property on account of this vacation or petitioner's use of this property, including, but not Iimited to a ciaim brought because of any act of omission, negiect, or misconduct of said petitioner or because of any claims ei liabiiity a:ising from any violation of any law or regulation made in accordance with the law, whether by the petitioner or any of its agents or emplovees. Aeauested by Department oP: Finance & ManaaQmen� Serv3ces � �' � / y � �� , � B � i1� �� V TZ�{-' ' � ��' J��p; rec�or Form Approved by City Attorney Adopted by Council: Date Q.,_., .�j \q� � Adopt \ Certified by Council S�retary sY: 1� _ \�--� . c- . "t �.r�.�'�r�-�r—,/�` Approved by � By: il sy: ' i � � '•— Green Sheet # 333fl3 RESO CiTY OF SAlNT PAUL, MiNNESOTA 9 C -'�i�-,.�c� Council Rile # `�-Z-�`-� RECEIVED �I� / AUG_ t,7 i995 REAL STAT� f�IJV�C}�N � %`r.�� Ap�ed by Maypr r ubmission to Council B �: �C�i lt �, �� L.��'!� � / :o= CI7Y OF SAiNT PAUI INTERDEPARTMENTAL MfMORANDUM TO: FROM: DATE: Juan Ortii Real Estate 140 City Hall Linda Dickhu .�y�' Public Works 800 City Hall Annex Apri1 5, 1995 Q`-�l� � �S . b�'� O � Q� � � .� SUBJECT: File No. 3-1995 Proposed vacation of a 2 foot wide portion of Vandalia Street, abutting 764 Vandalia tor a buiiding encroachment. The Department of Public Works has no objection to the above referenced vacation provided it is tor the life of the structure only. ' '�� ' . � = s . _ 7'. "� , "°- � ��: p� � i QO .� 3�n .�m. 31 95 � e.��.k no . �f (� 1y ' 9 � - � l P,e�. i�-� r,o . i 50� ( PETZTION FOR VACATIO2i PURSUANT TO CHAPTER 130 OF THE SAINT PAUL LEGISLATIVE CODE �}�� `I' T0: Council of the City of Saint Paul c/o Ci�ty Clerk 170 City Hall St. Paul MN 55102 , _ ____._ '' - RE a � JAN�31 _ CIT�K Vandalia Associates, a Minnesota partnership, doe�y�� reby petition the Council of the City of Saint Paul to vacate the public land described below: That part of the Southeast Quarter of Section 29, Township 29, Range 23, Ramsey County, Minnesota, also being a part of� VANDALIA STREET OF ROBBINS AND OTHERS REARRANGEMENT, aacording to the record plat thereo£, described as £ollows: Commencing at the Southeast corner of said Southeast Quarter; thence on an assumed bearing of South 89 degrees 41 minutes 12 seconds West, along the south line of said Southeast Quarter a distance oE 399.T4 Peet to the east line of said Vandalia.Stzeet; thence North 00 degrees 07 minutes 39 seconds East, along said east line a distance of 697.75 feet to the point of beginning; thence North 89 degrees 52 mi.nutes 57 seconds West, a distance of 2.00 feet; thence South 00 degrees 07 mittutes 39 seconds West, a distance of 250.00 feet; thence South 89 degrees 52 minutes 57 seconds East, a distance of 2.00 feet to the east line of Vandalia Street; thence North 00 degrees 07 minutes 39 seconds East� along said east line of Vandalia Street, a distance of 250.00 feet to the point of beginning. Petitianer is the owner of all of the property along the Ziae of the above premises proposed to be vacated. Petitioner brings the petition for the vacation of the above-described portion of Vandalia Street as a result of the encroachment of the building commonly numbered as 764 Vandalia onto said public right-of-way as shown by the survey of Otto Associates, Land Surveyors dated June 8, 1944 filed herewith. Said _uac�t,wn .is, sought for �the term of .<--..w. �_ �.� --. _,� .. _ ,..::. the existence of said building and the intended use of the vacated � - ,„�, _. . .. . . . , � , � \ � � -� l =i.ght-of-way is to permit the continued existence and use of the industrialfcommercial building commonly known and numbered as 764 Vandalia. -, ---._. __.--_ - - - _ VANDALIA SOC�ATES � a.�.�z�'`�/ � . _ � zts _ � I, Timothy Vergin, are a partner of Petitioner, Vandalia Associates, and hereby swear and verify that I ecuted this Petition on behalf of Vandalia Ass s as its gen ral partner. � � % � � -- , �� • . * �i - �=•� . .. ,.1.., 011280-950001 SMITH\VANDALIA.PET 2