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98-1034Return copy to: Real Estate Division 140 City Hall �RIGINAL Presented By Referred To Conunittee: � WHEREAS, on Apri18, 1998 the Council approved CF# 98-280, vacating a portion of 5hort Line Street; and WHEREAS, documentation upon which the south line of the vacated area was based is ambiguous; THEREFORE BE IT RESOLVED, that the said CF# 98-280 be amended as follows: Lines 7 through 10 of the said CF#98-280 shall be amended to read: io that part of Short Line Street lying southerly of the south line of the Burlington Northem >> Railroad right-of-way and northerly of a line beginning at a point on the west line of Block 2, iz Hersey-Woolsey Addition lying 20.00 feet southerly of tt�e southwest corner of I.ot 10, said �s Block 2; thence westerly to a point on the east line of Block 3, Hersey-Woolsey Addition lying ia 22.78 feet southeriy of the southeast corner of Lot 5, said Block 3; and there terminating 15 ie BE IT F'URTHER RESOLVED, that except as amended herein, all other terms and conditions set forth » in CF#98-280 shall remain in full force and effect. Requested by Department of: Technoloev & Manaeement Services By: ��`��L� L�� ,/Director Form Approved by City Attorney By: ��l�/G✓�� /6—�►� Council File # � $ ` (03� Green Sheet � Z� b� RESOLUTION CITY OF SAINT PAU,k MINNESOTA Adop �on Certified by Council Secretary By: a . � Approved by Ma o: Dat ( � 4 By: T.M.S./REAL ESTATE DIVISION Date: Nov 13,1998 Green he Number: 52169 ontact Person and P6one Number: 2 EPARTMENT DIRE /�' , CI1'Y COONCII. Peter Whlte �266-8850 1 �^T''o�v ��_�l-�' rrvc�cuc UDGET DIRECTOR FFICE OF FINANCW. SVCS. ust be on Council Agenda by: 3 YOR (OR ASSIST OTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATTO OR SIGNATURE) CTION REQUESTED: To correct the legal description of that part of Short Line Street vacated on Apri18, 1998 by CF# 98-280. Ref: 1. Resolution to amend CF# 98-280. 2. Copy of CF# 98-280; 3. Map. COMhIENDATiONS: APPROVE (A) OR REJECT (R) ERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING: . Has the persodfmn ever worked under a contract for Mis deparLment? YES NO PLANNING COMMISSION A STAFF . Has this person/Srm ever been a City employee? YES NO CIVil SERVICE COMMISSION . Do¢s this person/£rm possess a skill not normally possessed by any YES NO current CiTy employee? CIB COMMITTEE E lain all YES answers on a se arate sheet and attach. UPPORTS WHICH COUNCIL OBJECTIVE? ��G-`�,0,�°�'T,Gp'r:��RD(S�r; � DISTRICT PLANNING COONCIL �� NITL4ITNG PROBLEM, IS5LJE, OPPORT[7NTCY (Who, R'hat, Wheu, Wltere, Why?): Documentation regarding south line of vacated area is ambiguous. ��V 1 6 1998 DVANTAGES IF APPROVED: F! E �-:. � F _ � ; ':..i "..:y:a South line of vacation will be precisely established. �' �=�. '`"' �� -4x"::.`,'� � �..✓ i, F ` »' ISADVANTAGES IF APPROVED: N Oc1C '�� ' -��'� ��.. � � 4 i� r""L:i E:,'-� ISADVANTAGES IF NOT APPROVED: Location of south line of vacation will remain vague. OTAL AMOUNT OF TRANSACTION: $O.00 COST/REVENIJE BUDGETED (CIRCLE ONE) YES NO ING SOURCE: ACT'IViTY N[7MBER: pe PBa.tdd .F$€ . ��s.,e..`i {, ANCIAL IlVFORMATION: (EXPLAIN) �Jd�l � °� 89�� Return copy to: Real Estate Division 140 Ci'� Hati ag-�o3y Council File # 9g - aZ�� O�RIGfNAL RESOLUTION CITY OF SAINT PAUL, MI�JNESOTA Presented By Referred To Committee: Date BE IT RESOLVED, that, upon the petition of Rave Properties, as documented in Finance Department File Number 23-1997, public properties hereinafter described are hereby vacated and discontinued as public property: � 0 9 10 11 12 13 14 15 that part of Short Line Street lying southerly of the south line of the Burlington Northern Railroad right-of-way and northerly of a line beginning at the southwest corner of vacated I,ot 9, Block 2, Hersey-Woolsey Addition; thence westerly to the southeast comer of vacated Lot 6, Block 3, Hersey-Woolsey Addition and there terminating; also any part of the Pierce Butler Route right-of-way that may lie northerly of the above described line, westerly of the east right-of-way line and easterly of the west right-of-way line of the said Short Line Sueet. 16 This vacation shall be subject to the terms and condition of Chapter 130, codified March l, 1981, of 17 the Saint Paul Legislative Code as amended, and to the following conditions: 18 19 l. 20 21 22 23 24 2. 25 26 27 The petitioner shall be responsible for the reconstruction of the intersection of Short Line Street and Pierce Butler Route, to the satisfaction o£ the Saint Paul Department of Public Works, including, but not limited to, new curbing , drainage structures, sidewalk, boulevard, and signage, to remove all appearances of public right-of-way. That the petitioner's, their successors and assigns shall pay $500.00 as an administrative fee for this vacation which is due and payable within 60 days of the effective date of this resolurian. 28 3. That a permanent utility easement shall be retained on, over, under and across the vacated area 29 on behalf of the City of Saint Paul, Department of Public Works to reserve the right of the 30 City to maintain and operate any sewer in or upon said easement and to enter upon said 31 easement or any portion thereof at any time and from time to time, for the purposes of future 32 construction, reconstruction, inspecting, maintaining or repairing the same or any part thereof 33 and shall be subject to the following conditions: 34 The property to be vacated is described as foliows: 36 Green Sheet # � �J�, Q�'• b3�{ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 flR�G1NAL� _ �� a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any other objecu that will prohibit normal access to utiliry facilities for maintenance purposes will be permitted within the easement area. c. � 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 from the Department of Public Works Sewer Division with the understanding that the restoration and costs of such nnprovements shali be the sole responsibility of the petitioner, its successors and assigns in the event the City exercises its reserved easement righu. No change from the existing grade within the easement area will be permitted without written perznission from the Department of Public Works. No change in surfacing within the easement area will be permitted without written permission from the Department of Public Works. e. The petitioner, its successors and assigns shall indemnify, defend, 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 or connection in said reserved easement arising out of or resuiting 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 on behalf of the City of Saint Paul, Boazd of Water Commissioners subject to the following restrictions: a. No buildings, structures, trees or any temporary structure, material storage, fixture, or other object that will prohibit normal access to water facilities for maintenance purposes will be permitted within the easement area. b. No change from the existing grade will be permitted without written permission from the Water Utility. c. No change in surfacing within the easement area will be permitted without written permission from the Water Utility. d. The petitioner, 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, action or clauns 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. qg �os�{ -,,ORIGINAL 2 5. 3 4 5 6. 6 7 8 7. 10 11 8. 12 13 14 15 16 17 18 19 q �-1�'0 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 Communication, Inc. That a permanent utility easement shall be retained within the vacated area to protect the interest of Continental CableVision, Saint Paul, Inc. That the petitioner's 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 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 lunited 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 their agents or employees 20 9. That the petitioner's their successors, and assigns, shall within 60 days of the effective date of 21 this resolution, file with the City Clerk an acceptance in writing of the conditions of this 22 resolution and shall within the period(s) specified in the terms and conditions of this resolution, 23 comply in ail respects with these terms and conditions. eas Adopted by Council: Aate Adop � n Certi ied by Council Secretary � �Y= Approve y � e G�' �y. � Requested by Department of: Technolo�V & Management Services BY� \ LA�G'irLt"/�� Director Form Approved by Ciry Attorney B ��li �lv'�,�,�.e-� �l L 3l � �' � . � , Lo : s9 30 �� lr� �T. �. I WI � � 4�.0� �� G{�''�G1�{ � � � � �.� 70 i � �' /..: � o � �' 2 � i � b 3 (76, • � ( � > �� T � > I � �3 °�i� � �n . �� e J �' �6 � I3 ; �� . �L � � �3 � �9 !/E. 0 12 � � C 78} � II 2 � V' � : G 5 C�s) = I 0 3 r , 9_,Y�— -� �: �i �i�.s8 �zt � e.,�,�_\,v9G .9oc�Fi 5 - 3 23 '� '20-!) i3 !l �----- -----+ i--�-�_,�— �_ <><o>-----�-- _ L�! _ — �,, P —'� — i �' �,, i �� : ,� I: - ".; 4 � .-, ; I �` .� F------------------- ` ., ; 7 ;- - ��- �- - �-.� -��p� 7��►'E, '� �� o� ° - � � ol `� / i " � �R 1 I ti �I � -- — �3sr� _ _ �.�s.�i _ —� 60 -- —��s>i 1 _ iss�i — _� 6� � � n , - i_ ;.- � _ , 7/�'Y'�.QIZ.. .i2 7 .f,; ., ,. ,. ,. ,. ,. ,. .. .. .. .. 40 (za� (z,l (z�� (�� (:�t) (2s� (aa� (2�� (�v> (is� Cra� (i� � IS 14 13 12 II IO 9 8 7 6 5 4 3 2 I ti a � m � 1322 1346 a N39 .`30) �31� �32� �33� tbr 5� / 2 Z R�1 �} `^ �291 o m � 131�� 37� �5b� �39� ( � � to � � ` Z N N � h� � r �n � m 16 17 18 19 20j m 21 22 �3 24 25 26 27 2i8 29 30� i o�� I iz , � 9' b _J �� v �a�, s3 o ^' 42.f3 �'rd .. _ .. I n .. ,. .. .. . .. . .I ,. 40 o `'' °� i e � " �- 60 ,- w � � — —_- o �, " N � 4z 4a ,. .. , ,. . .. .. .. .. .. .. 9-v � I.�.'�� 5 �77$� �IZ7� �33D �j2 �z4) �IZ3� �u7 �za� (IZO> �(l9� ��b� �117� (Nb� (��g� 8 1306 � � IS 14 13 12 �� r. n zi-�zs - 4�_i,,, i,,. h' � l� �t3o� � `tit� �� ,I 2 �. TT-.—�--s •J O>9 � � �' � Gi�i II 10 9 � 7 6 � 18 1 i l 7 16 l 15 � I�I l`i �' (i3s� (i�s� (�ss� �is�� `i3�� „ � .. .. —. _. 5 4 3 A 2 I f� ��., Q J � � ti7 � aL� � � I Y S Return copy to: Real Estate Division 140 City Hall �RIGINAL Presented By Referred To Conunittee: � WHEREAS, on Apri18, 1998 the Council approved CF# 98-280, vacating a portion of 5hort Line Street; and WHEREAS, documentation upon which the south line of the vacated area was based is ambiguous; THEREFORE BE IT RESOLVED, that the said CF# 98-280 be amended as follows: Lines 7 through 10 of the said CF#98-280 shall be amended to read: io that part of Short Line Street lying southerly of the south line of the Burlington Northem >> Railroad right-of-way and northerly of a line beginning at a point on the west line of Block 2, iz Hersey-Woolsey Addition lying 20.00 feet southerly of tt�e southwest corner of I.ot 10, said �s Block 2; thence westerly to a point on the east line of Block 3, Hersey-Woolsey Addition lying ia 22.78 feet southeriy of the southeast corner of Lot 5, said Block 3; and there terminating 15 ie BE IT F'URTHER RESOLVED, that except as amended herein, all other terms and conditions set forth » in CF#98-280 shall remain in full force and effect. Requested by Department of: Technoloev & Manaeement Services By: ��`��L� L�� ,/Director Form Approved by City Attorney By: ��l�/G✓�� /6—�►� Council File # � $ ` (03� Green Sheet � Z� b� RESOLUTION CITY OF SAINT PAU,k MINNESOTA Adop �on Certified by Council Secretary By: a . � Approved by Ma o: Dat ( � 4 By: T.M.S./REAL ESTATE DIVISION Date: Nov 13,1998 Green he Number: 52169 ontact Person and P6one Number: 2 EPARTMENT DIRE /�' , CI1'Y COONCII. Peter Whlte �266-8850 1 �^T''o�v ��_�l-�' rrvc�cuc UDGET DIRECTOR FFICE OF FINANCW. SVCS. ust be on Council Agenda by: 3 YOR (OR ASSIST OTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATTO OR SIGNATURE) CTION REQUESTED: To correct the legal description of that part of Short Line Street vacated on Apri18, 1998 by CF# 98-280. Ref: 1. Resolution to amend CF# 98-280. 2. Copy of CF# 98-280; 3. Map. COMhIENDATiONS: APPROVE (A) OR REJECT (R) ERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING: . Has the persodfmn ever worked under a contract for Mis deparLment? YES NO PLANNING COMMISSION A STAFF . Has this person/Srm ever been a City employee? YES NO CIVil SERVICE COMMISSION . Do¢s this person/£rm possess a skill not normally possessed by any YES NO current CiTy employee? CIB COMMITTEE E lain all YES answers on a se arate sheet and attach. UPPORTS WHICH COUNCIL OBJECTIVE? ��G-`�,0,�°�'T,Gp'r:��RD(S�r; � DISTRICT PLANNING COONCIL �� NITL4ITNG PROBLEM, IS5LJE, OPPORT[7NTCY (Who, R'hat, Wheu, Wltere, Why?): Documentation regarding south line of vacated area is ambiguous. ��V 1 6 1998 DVANTAGES IF APPROVED: F! E �-:. � F _ � ; ':..i "..:y:a South line of vacation will be precisely established. �' �=�. '`"' �� -4x"::.`,'� � �..✓ i, F ` »' ISADVANTAGES IF APPROVED: N Oc1C '�� ' -��'� ��.. � � 4 i� r""L:i E:,'-� ISADVANTAGES IF NOT APPROVED: Location of south line of vacation will remain vague. OTAL AMOUNT OF TRANSACTION: $O.00 COST/REVENIJE BUDGETED (CIRCLE ONE) YES NO ING SOURCE: ACT'IViTY N[7MBER: pe PBa.tdd .F$€ . ��s.,e..`i {, ANCIAL IlVFORMATION: (EXPLAIN) �Jd�l � °� 89�� Return copy to: Real Estate Division 140 Ci'� Hati ag-�o3y Council File # 9g - aZ�� O�RIGfNAL RESOLUTION CITY OF SAINT PAUL, MI�JNESOTA Presented By Referred To Committee: Date BE IT RESOLVED, that, upon the petition of Rave Properties, as documented in Finance Department File Number 23-1997, public properties hereinafter described are hereby vacated and discontinued as public property: � 0 9 10 11 12 13 14 15 that part of Short Line Street lying southerly of the south line of the Burlington Northern Railroad right-of-way and northerly of a line beginning at the southwest corner of vacated I,ot 9, Block 2, Hersey-Woolsey Addition; thence westerly to the southeast comer of vacated Lot 6, Block 3, Hersey-Woolsey Addition and there terminating; also any part of the Pierce Butler Route right-of-way that may lie northerly of the above described line, westerly of the east right-of-way line and easterly of the west right-of-way line of the said Short Line Sueet. 16 This vacation shall be subject to the terms and condition of Chapter 130, codified March l, 1981, of 17 the Saint Paul Legislative Code as amended, and to the following conditions: 18 19 l. 20 21 22 23 24 2. 25 26 27 The petitioner shall be responsible for the reconstruction of the intersection of Short Line Street and Pierce Butler Route, to the satisfaction o£ the Saint Paul Department of Public Works, including, but not limited to, new curbing , drainage structures, sidewalk, boulevard, and signage, to remove all appearances of public right-of-way. That the petitioner's, their successors and assigns shall pay $500.00 as an administrative fee for this vacation which is due and payable within 60 days of the effective date of this resolurian. 28 3. That a permanent utility easement shall be retained on, over, under and across the vacated area 29 on behalf of the City of Saint Paul, Department of Public Works to reserve the right of the 30 City to maintain and operate any sewer in or upon said easement and to enter upon said 31 easement or any portion thereof at any time and from time to time, for the purposes of future 32 construction, reconstruction, inspecting, maintaining or repairing the same or any part thereof 33 and shall be subject to the following conditions: 34 The property to be vacated is described as foliows: 36 Green Sheet # � �J�, Q�'• b3�{ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 flR�G1NAL� _ �� a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any other objecu that will prohibit normal access to utiliry facilities for maintenance purposes will be permitted within the easement area. c. � 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 from the Department of Public Works Sewer Division with the understanding that the restoration and costs of such nnprovements shali be the sole responsibility of the petitioner, its successors and assigns in the event the City exercises its reserved easement righu. No change from the existing grade within the easement area will be permitted without written perznission from the Department of Public Works. No change in surfacing within the easement area will be permitted without written permission from the Department of Public Works. e. The petitioner, its successors and assigns shall indemnify, defend, 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 or connection in said reserved easement arising out of or resuiting 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 on behalf of the City of Saint Paul, Boazd of Water Commissioners subject to the following restrictions: a. No buildings, structures, trees or any temporary structure, material storage, fixture, or other object that will prohibit normal access to water facilities for maintenance purposes will be permitted within the easement area. b. No change from the existing grade will be permitted without written permission from the Water Utility. c. No change in surfacing within the easement area will be permitted without written permission from the Water Utility. d. The petitioner, 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, action or clauns 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. qg �os�{ -,,ORIGINAL 2 5. 3 4 5 6. 6 7 8 7. 10 11 8. 12 13 14 15 16 17 18 19 q �-1�'0 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 Communication, Inc. That a permanent utility easement shall be retained within the vacated area to protect the interest of Continental CableVision, Saint Paul, Inc. That the petitioner's 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 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 lunited 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 their agents or employees 20 9. That the petitioner's their successors, and assigns, shall within 60 days of the effective date of 21 this resolution, file with the City Clerk an acceptance in writing of the conditions of this 22 resolution and shall within the period(s) specified in the terms and conditions of this resolution, 23 comply in ail respects with these terms and conditions. eas Adopted by Council: Aate Adop � n Certi ied by Council Secretary � �Y= Approve y � e G�' �y. � Requested by Department of: Technolo�V & Management Services BY� \ LA�G'irLt"/�� Director Form Approved by Ciry Attorney B ��li �lv'�,�,�.e-� �l L 3l � �' � . � , Lo : s9 30 �� lr� �T. �. I WI � � 4�.0� �� G{�''�G1�{ � � � � �.� 70 i � �' /..: � o � �' 2 � i � b 3 (76, • � ( � > �� T � > I � �3 °�i� � �n . �� e J �' �6 � I3 ; �� . �L � � �3 � �9 !/E. 0 12 � � C 78} � II 2 � V' � : G 5 C�s) = I 0 3 r , 9_,Y�— -� �: �i �i�.s8 �zt � e.,�,�_\,v9G .9oc�Fi 5 - 3 23 '� '20-!) i3 !l �----- -----+ i--�-�_,�— �_ <><o>-----�-- _ L�! _ — �,, P —'� — i �' �,, i �� : ,� I: - ".; 4 � .-, ; I �` .� F------------------- ` ., ; 7 ;- - ��- �- - �-.� -��p� 7��►'E, '� �� o� ° - � � ol `� / i " � �R 1 I ti �I � -- — �3sr� _ _ �.�s.�i _ —� 60 -- —��s>i 1 _ iss�i — _� 6� � � n , - i_ ;.- � _ , 7/�'Y'�.QIZ.. .i2 7 .f,; ., ,. ,. ,. ,. ,. ,. .. .. .. .. 40 (za� (z,l (z�� (�� (:�t) (2s� (aa� (2�� (�v> (is� Cra� (i� � IS 14 13 12 II IO 9 8 7 6 5 4 3 2 I ti a � m � 1322 1346 a N39 .`30) �31� �32� �33� tbr 5� / 2 Z R�1 �} `^ �291 o m � 131�� 37� �5b� �39� ( � � to � � ` Z N N � h� � r �n � m 16 17 18 19 20j m 21 22 �3 24 25 26 27 2i8 29 30� i o�� I iz , � 9' b _J �� v �a�, s3 o ^' 42.f3 �'rd .. _ .. I n .. ,. .. .. . .. . .I ,. 40 o `'' °� i e � " �- 60 ,- w � � — —_- o �, " N � 4z 4a ,. .. , ,. . .. .. .. .. .. .. 9-v � I.�.'�� 5 �77$� �IZ7� �33D �j2 �z4) �IZ3� �u7 �za� (IZO> �(l9� ��b� �117� (Nb� (��g� 8 1306 � � IS 14 13 12 �� r. n zi-�zs - 4�_i,,, i,,. h' � l� �t3o� � `tit� �� ,I 2 �. TT-.—�--s •J O>9 � � �' � Gi�i II 10 9 � 7 6 � 18 1 i l 7 16 l 15 � I�I l`i �' (i3s� (i�s� (�ss� �is�� `i3�� „ � .. .. —. _. 5 4 3 A 2 I f� ��., Q J � � ti7 � aL� � � I Y S Return copy to: Real Estate Division 140 City Hall �RIGINAL Presented By Referred To Conunittee: � WHEREAS, on Apri18, 1998 the Council approved CF# 98-280, vacating a portion of 5hort Line Street; and WHEREAS, documentation upon which the south line of the vacated area was based is ambiguous; THEREFORE BE IT RESOLVED, that the said CF# 98-280 be amended as follows: Lines 7 through 10 of the said CF#98-280 shall be amended to read: io that part of Short Line Street lying southerly of the south line of the Burlington Northem >> Railroad right-of-way and northerly of a line beginning at a point on the west line of Block 2, iz Hersey-Woolsey Addition lying 20.00 feet southerly of tt�e southwest corner of I.ot 10, said �s Block 2; thence westerly to a point on the east line of Block 3, Hersey-Woolsey Addition lying ia 22.78 feet southeriy of the southeast corner of Lot 5, said Block 3; and there terminating 15 ie BE IT F'URTHER RESOLVED, that except as amended herein, all other terms and conditions set forth » in CF#98-280 shall remain in full force and effect. Requested by Department of: Technoloev & Manaeement Services By: ��`��L� L�� ,/Director Form Approved by City Attorney By: ��l�/G✓�� /6—�►� Council File # � $ ` (03� Green Sheet � Z� b� RESOLUTION CITY OF SAINT PAU,k MINNESOTA Adop �on Certified by Council Secretary By: a . � Approved by Ma o: Dat ( � 4 By: T.M.S./REAL ESTATE DIVISION Date: Nov 13,1998 Green he Number: 52169 ontact Person and P6one Number: 2 EPARTMENT DIRE /�' , CI1'Y COONCII. Peter Whlte �266-8850 1 �^T''o�v ��_�l-�' rrvc�cuc UDGET DIRECTOR FFICE OF FINANCW. SVCS. ust be on Council Agenda by: 3 YOR (OR ASSIST OTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATTO OR SIGNATURE) CTION REQUESTED: To correct the legal description of that part of Short Line Street vacated on Apri18, 1998 by CF# 98-280. Ref: 1. Resolution to amend CF# 98-280. 2. Copy of CF# 98-280; 3. Map. COMhIENDATiONS: APPROVE (A) OR REJECT (R) ERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING: . Has the persodfmn ever worked under a contract for Mis deparLment? YES NO PLANNING COMMISSION A STAFF . Has this person/Srm ever been a City employee? YES NO CIVil SERVICE COMMISSION . Do¢s this person/£rm possess a skill not normally possessed by any YES NO current CiTy employee? CIB COMMITTEE E lain all YES answers on a se arate sheet and attach. UPPORTS WHICH COUNCIL OBJECTIVE? ��G-`�,0,�°�'T,Gp'r:��RD(S�r; � DISTRICT PLANNING COONCIL �� NITL4ITNG PROBLEM, IS5LJE, OPPORT[7NTCY (Who, R'hat, Wheu, Wltere, Why?): Documentation regarding south line of vacated area is ambiguous. ��V 1 6 1998 DVANTAGES IF APPROVED: F! E �-:. � F _ � ; ':..i "..:y:a South line of vacation will be precisely established. �' �=�. '`"' �� -4x"::.`,'� � �..✓ i, F ` »' ISADVANTAGES IF APPROVED: N Oc1C '�� ' -��'� ��.. � � 4 i� r""L:i E:,'-� ISADVANTAGES IF NOT APPROVED: Location of south line of vacation will remain vague. OTAL AMOUNT OF TRANSACTION: $O.00 COST/REVENIJE BUDGETED (CIRCLE ONE) YES NO ING SOURCE: ACT'IViTY N[7MBER: pe PBa.tdd .F$€ . ��s.,e..`i {, ANCIAL IlVFORMATION: (EXPLAIN) �Jd�l � °� 89�� Return copy to: Real Estate Division 140 Ci'� Hati ag-�o3y Council File # 9g - aZ�� O�RIGfNAL RESOLUTION CITY OF SAINT PAUL, MI�JNESOTA Presented By Referred To Committee: Date BE IT RESOLVED, that, upon the petition of Rave Properties, as documented in Finance Department File Number 23-1997, public properties hereinafter described are hereby vacated and discontinued as public property: � 0 9 10 11 12 13 14 15 that part of Short Line Street lying southerly of the south line of the Burlington Northern Railroad right-of-way and northerly of a line beginning at the southwest corner of vacated I,ot 9, Block 2, Hersey-Woolsey Addition; thence westerly to the southeast comer of vacated Lot 6, Block 3, Hersey-Woolsey Addition and there terminating; also any part of the Pierce Butler Route right-of-way that may lie northerly of the above described line, westerly of the east right-of-way line and easterly of the west right-of-way line of the said Short Line Sueet. 16 This vacation shall be subject to the terms and condition of Chapter 130, codified March l, 1981, of 17 the Saint Paul Legislative Code as amended, and to the following conditions: 18 19 l. 20 21 22 23 24 2. 25 26 27 The petitioner shall be responsible for the reconstruction of the intersection of Short Line Street and Pierce Butler Route, to the satisfaction o£ the Saint Paul Department of Public Works, including, but not limited to, new curbing , drainage structures, sidewalk, boulevard, and signage, to remove all appearances of public right-of-way. That the petitioner's, their successors and assigns shall pay $500.00 as an administrative fee for this vacation which is due and payable within 60 days of the effective date of this resolurian. 28 3. That a permanent utility easement shall be retained on, over, under and across the vacated area 29 on behalf of the City of Saint Paul, Department of Public Works to reserve the right of the 30 City to maintain and operate any sewer in or upon said easement and to enter upon said 31 easement or any portion thereof at any time and from time to time, for the purposes of future 32 construction, reconstruction, inspecting, maintaining or repairing the same or any part thereof 33 and shall be subject to the following conditions: 34 The property to be vacated is described as foliows: 36 Green Sheet # � �J�, Q�'• b3�{ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 flR�G1NAL� _ �� a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any other objecu that will prohibit normal access to utiliry facilities for maintenance purposes will be permitted within the easement area. c. � 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 from the Department of Public Works Sewer Division with the understanding that the restoration and costs of such nnprovements shali be the sole responsibility of the petitioner, its successors and assigns in the event the City exercises its reserved easement righu. No change from the existing grade within the easement area will be permitted without written perznission from the Department of Public Works. No change in surfacing within the easement area will be permitted without written permission from the Department of Public Works. e. The petitioner, its successors and assigns shall indemnify, defend, 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 or connection in said reserved easement arising out of or resuiting 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 on behalf of the City of Saint Paul, Boazd of Water Commissioners subject to the following restrictions: a. No buildings, structures, trees or any temporary structure, material storage, fixture, or other object that will prohibit normal access to water facilities for maintenance purposes will be permitted within the easement area. b. No change from the existing grade will be permitted without written permission from the Water Utility. c. No change in surfacing within the easement area will be permitted without written permission from the Water Utility. d. The petitioner, 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, action or clauns 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. qg �os�{ -,,ORIGINAL 2 5. 3 4 5 6. 6 7 8 7. 10 11 8. 12 13 14 15 16 17 18 19 q �-1�'0 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 Communication, Inc. That a permanent utility easement shall be retained within the vacated area to protect the interest of Continental CableVision, Saint Paul, Inc. That the petitioner's 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 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 lunited 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 their agents or employees 20 9. That the petitioner's their successors, and assigns, shall within 60 days of the effective date of 21 this resolution, file with the City Clerk an acceptance in writing of the conditions of this 22 resolution and shall within the period(s) specified in the terms and conditions of this resolution, 23 comply in ail respects with these terms and conditions. eas Adopted by Council: Aate Adop � n Certi ied by Council Secretary � �Y= Approve y � e G�' �y. � Requested by Department of: Technolo�V & Management Services BY� \ LA�G'irLt"/�� Director Form Approved by Ciry Attorney B ��li �lv'�,�,�.e-� �l L 3l � �' � . � , Lo : s9 30 �� lr� �T. �. 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