97-732J Return copy to:
Real Estate Division
1 04 City Hall
N __._ .. ,
Preseuted By
Referred To
co,�� r�e u -�►
Green Sheet # ?j�� 5 3
MINNESOTA
Committee: Date
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RESOLVED, that upon the petition of The Minnesota Club and The Ordway Music Theatre, per Finance
Department File Number 19-1996, public properties hereinafter described are hereby vacated and
disconunued as public property; and, subject to the herein stated exceptions, the easements within those
public properties are hereby released.
The vacated area is described as follows:
West Fourth Street, from the West line of Washington Street to a line 143 feet westerly of and
parallel to the West line of Washington Street.
This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of
the Saint Paul L.egislative Code as amended, and to the following conditions:
1. That the peutioners, their successors and assigns, shall pay $500.00 as an administrauve fee
for trus vacation which is due and payable within 60 days of the effective date of this
resolution.
2. That a 15 foot wide subtenanean easement shali be retained within the vacated area, on behalf
of the City of Saint Paul, Department of Pubiic Works, centered on the center line of West
Fourth Street between elevations of 50.0 feet and 70.0 feet, City of Saint Paul Datum.
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That the existing catch basins and sewer leads on the north and south side of Fourth Street,
west of Washington Street, shall become the ownership and responsibility of the petitioner.
That the petitioner shall be responsible for all costs and expenses associated with the removal
of the e�sting city street light and associated conduit.
That the petiuoner shall, at its cost and expense, be responsible for removing ail appearances
of public right-of-way, to the satisfaction of the Department of Public Works.
That the petitioner shall record the necessary pedestrian and vehicular access easements
required for all abutting property owners.
That a permanent surface access easement shall be retained within the vacated area to protect
ihe interest of District Energy Saint Paul, Inc.
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10.
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That a permanent utility easement shall be zetained wittvn the vacated area on behalf of the a �_1'Sa-
City of Saint Paul, Board of Water Commissioners subject to the following restrictions:
a. No buildings, structures or trees aze pemvtted within the easement area, nor any
temporary sizucture, materiai storage, fixture or other objects that may prohibit normal
access to water facilities for maintenance purposes without written pemussion from the
water utility.
b. No change from the e�sting grade is pemutted without written pernussion from the
Water Utility.
c. No change in surfacing witlun the easement area is pernvtted without written
permission from the Water Utility.
d. Should it be necessary that the petitioner's works or improvements be removed or
damaged as a result of Water Utility operations, all removal, replacement or
modification costs to restore the petitioner's works shall be borne solely by the
peritioner.
e. The petitioner, its successors and assigns shali fully indemnify, defend and save
harniless the Board of Water Commissioners, 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, 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.
That a permanent utility easement shall be retained within the vacated area to protect the
interest of Northem States Power Company.
That a permanent utility easement shall be retained within the vacated area to protect the
interest of U.S. West Communicauon, Inc.
That a permanent uulity easement shall be retained within the vacated area to protect the
interest of Continental Cablevision, Saint Paul, Inc.
12. That a fire lane be maintained to the satisfaction of the Department of Fire & Safety to allow
access to the rear of the Minnesota Ciub. This lane must be kept clear of obstructions such as
trees, curbings, and decorative or omamental structures. The minimum clear height to be 13.5
feet, and the minimum width to be 20 feet.
13. That the petitioners, their successors and assigns, agree to indemnify, defend and save
hazmless the City of Saint Paul, its officers, and employees from ail 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 petiuoner's use of this properry, including
but not limited to a claim brought because of any act of omission, neglect, or misconduct of
said petiuoner or because of any claims or liability azising from any violauon of any law or
regulation made in accordance with the law, whether by the petitioner or any of their agents or
employees.
14. That the petitioners, their successors and assigns, shall witrun 60 days of the effective date of
trris resolution, file with the Ciry Clerk an acceptance in wriring of the conditions of this �7-
resolurion and shall within the period(s) specified in the terms and conditions of this a� �
resolution, comply in all respects with these terms and condirions.
Requested by Department of:
Technology & Management Services
' � By: �
�/j^�Diiector
Form Approved by Ciry Attomey �� �
BY� �� ����, ��� l557
By: � A r ved by Mayor for Submission to Councii
Approved by Mayor• ate �� (� 4� �
By: By:
Adopted by Council: Date �,� �
Adoptio�Certified by Counci ecretary
J Return copy to:
Real Estate Division
1 04 City Hall
N __._ .. ,
Preseuted By
Referred To
co,�� r�e u -�►
Green Sheet # ?j�� 5 3
MINNESOTA
Committee: Date
y�
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RESOLVED, that upon the petition of The Minnesota Club and The Ordway Music Theatre, per Finance
Department File Number 19-1996, public properties hereinafter described are hereby vacated and
disconunued as public property; and, subject to the herein stated exceptions, the easements within those
public properties are hereby released.
The vacated area is described as follows:
West Fourth Street, from the West line of Washington Street to a line 143 feet westerly of and
parallel to the West line of Washington Street.
This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of
the Saint Paul L.egislative Code as amended, and to the following conditions:
1. That the peutioners, their successors and assigns, shall pay $500.00 as an administrauve fee
for trus vacation which is due and payable within 60 days of the effective date of this
resolution.
2. That a 15 foot wide subtenanean easement shali be retained within the vacated area, on behalf
of the City of Saint Paul, Department of Pubiic Works, centered on the center line of West
Fourth Street between elevations of 50.0 feet and 70.0 feet, City of Saint Paul Datum.
�
�
:�
�
7
That the existing catch basins and sewer leads on the north and south side of Fourth Street,
west of Washington Street, shall become the ownership and responsibility of the petitioner.
That the petitioner shall be responsible for all costs and expenses associated with the removal
of the e�sting city street light and associated conduit.
That the petiuoner shall, at its cost and expense, be responsible for removing ail appearances
of public right-of-way, to the satisfaction of the Department of Public Works.
That the petitioner shall record the necessary pedestrian and vehicular access easements
required for all abutting property owners.
That a permanent surface access easement shall be retained within the vacated area to protect
ihe interest of District Energy Saint Paul, Inc.
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10.
11.
That a permanent utility easement shall be zetained wittvn the vacated area on behalf of the a �_1'Sa-
City of Saint Paul, Board of Water Commissioners subject to the following restrictions:
a. No buildings, structures or trees aze pemvtted within the easement area, nor any
temporary sizucture, materiai storage, fixture or other objects that may prohibit normal
access to water facilities for maintenance purposes without written pemussion from the
water utility.
b. No change from the e�sting grade is pemutted without written pernussion from the
Water Utility.
c. No change in surfacing witlun the easement area is pernvtted without written
permission from the Water Utility.
d. Should it be necessary that the petitioner's works or improvements be removed or
damaged as a result of Water Utility operations, all removal, replacement or
modification costs to restore the petitioner's works shall be borne solely by the
peritioner.
e. The petitioner, its successors and assigns shali fully indemnify, defend and save
harniless the Board of Water Commissioners, 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, 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.
That a permanent utility easement shall be retained within the vacated area to protect the
interest of Northem States Power Company.
That a permanent utility easement shall be retained within the vacated area to protect the
interest of U.S. West Communicauon, Inc.
That a permanent uulity easement shall be retained within the vacated area to protect the
interest of Continental Cablevision, Saint Paul, Inc.
12. That a fire lane be maintained to the satisfaction of the Department of Fire & Safety to allow
access to the rear of the Minnesota Ciub. This lane must be kept clear of obstructions such as
trees, curbings, and decorative or omamental structures. The minimum clear height to be 13.5
feet, and the minimum width to be 20 feet.
13. That the petitioners, their successors and assigns, agree to indemnify, defend and save
hazmless the City of Saint Paul, its officers, and employees from ail 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 petiuoner's use of this properry, including
but not limited to a claim brought because of any act of omission, neglect, or misconduct of
said petiuoner or because of any claims or liability azising from any violauon of any law or
regulation made in accordance with the law, whether by the petitioner or any of their agents or
employees.
14. That the petitioners, their successors and assigns, shall witrun 60 days of the effective date of
trris resolution, file with the Ciry Clerk an acceptance in wriring of the conditions of this �7-
resolurion and shall within the period(s) specified in the terms and conditions of this a� �
resolution, comply in all respects with these terms and condirions.
Requested by Department of:
Technology & Management Services
' � By: �
�/j^�Diiector
Form Approved by Ciry Attomey �� �
BY� �� ����, ��� l557
By: � A r ved by Mayor for Submission to Councii
Approved by Mayor• ate �� (� 4� �
By: By:
Adopted by Council: Date �,� �
Adoptio�Certified by Counci ecretary
J Return copy to:
Real Estate Division
1 04 City Hall
N __._ .. ,
Preseuted By
Referred To
co,�� r�e u -�►
Green Sheet # ?j�� 5 3
MINNESOTA
Committee: Date
y�
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RESOLVED, that upon the petition of The Minnesota Club and The Ordway Music Theatre, per Finance
Department File Number 19-1996, public properties hereinafter described are hereby vacated and
disconunued as public property; and, subject to the herein stated exceptions, the easements within those
public properties are hereby released.
The vacated area is described as follows:
West Fourth Street, from the West line of Washington Street to a line 143 feet westerly of and
parallel to the West line of Washington Street.
This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of
the Saint Paul L.egislative Code as amended, and to the following conditions:
1. That the peutioners, their successors and assigns, shall pay $500.00 as an administrauve fee
for trus vacation which is due and payable within 60 days of the effective date of this
resolution.
2. That a 15 foot wide subtenanean easement shali be retained within the vacated area, on behalf
of the City of Saint Paul, Department of Pubiic Works, centered on the center line of West
Fourth Street between elevations of 50.0 feet and 70.0 feet, City of Saint Paul Datum.
�
�
:�
�
7
That the existing catch basins and sewer leads on the north and south side of Fourth Street,
west of Washington Street, shall become the ownership and responsibility of the petitioner.
That the petitioner shall be responsible for all costs and expenses associated with the removal
of the e�sting city street light and associated conduit.
That the petiuoner shall, at its cost and expense, be responsible for removing ail appearances
of public right-of-way, to the satisfaction of the Department of Public Works.
That the petitioner shall record the necessary pedestrian and vehicular access easements
required for all abutting property owners.
That a permanent surface access easement shall be retained within the vacated area to protect
ihe interest of District Energy Saint Paul, Inc.
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�
L]
10.
11.
That a permanent utility easement shall be zetained wittvn the vacated area on behalf of the a �_1'Sa-
City of Saint Paul, Board of Water Commissioners subject to the following restrictions:
a. No buildings, structures or trees aze pemvtted within the easement area, nor any
temporary sizucture, materiai storage, fixture or other objects that may prohibit normal
access to water facilities for maintenance purposes without written pemussion from the
water utility.
b. No change from the e�sting grade is pemutted without written pernussion from the
Water Utility.
c. No change in surfacing witlun the easement area is pernvtted without written
permission from the Water Utility.
d. Should it be necessary that the petitioner's works or improvements be removed or
damaged as a result of Water Utility operations, all removal, replacement or
modification costs to restore the petitioner's works shall be borne solely by the
peritioner.
e. The petitioner, its successors and assigns shali fully indemnify, defend and save
harniless the Board of Water Commissioners, 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, 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.
That a permanent utility easement shall be retained within the vacated area to protect the
interest of Northem States Power Company.
That a permanent utility easement shall be retained within the vacated area to protect the
interest of U.S. West Communicauon, Inc.
That a permanent uulity easement shall be retained within the vacated area to protect the
interest of Continental Cablevision, Saint Paul, Inc.
12. That a fire lane be maintained to the satisfaction of the Department of Fire & Safety to allow
access to the rear of the Minnesota Ciub. This lane must be kept clear of obstructions such as
trees, curbings, and decorative or omamental structures. The minimum clear height to be 13.5
feet, and the minimum width to be 20 feet.
13. That the petitioners, their successors and assigns, agree to indemnify, defend and save
hazmless the City of Saint Paul, its officers, and employees from ail 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 petiuoner's use of this properry, including
but not limited to a claim brought because of any act of omission, neglect, or misconduct of
said petiuoner or because of any claims or liability azising from any violauon of any law or
regulation made in accordance with the law, whether by the petitioner or any of their agents or
employees.
14. That the petitioners, their successors and assigns, shall witrun 60 days of the effective date of
trris resolution, file with the Ciry Clerk an acceptance in wriring of the conditions of this �7-
resolurion and shall within the period(s) specified in the terms and conditions of this a� �
resolution, comply in all respects with these terms and condirions.
Requested by Department of:
Technology & Management Services
' � By: �
�/j^�Diiector
Form Approved by Ciry Attomey �� �
BY� �� ����, ��� l557
By: � A r ved by Mayor for Submission to Councii
Approved by Mayor• ate �� (� 4� �
By: By:
Adopted by Council: Date �,� �
Adoptio�Certified by Counci ecretary