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98-399xetnrn copy to: Real Estate Division 140 City Hall ORlGINA V Prcceated By Referred To oF Council File # 98 • 3R9 Green Sheet # -51 /6'Z RESOLUTION MINNESOTA llv Cammittee: Date WFIEREAS, on Jnne 5, 1996 the Conncil adopted CauncIl File #96-621, thereby vacating a portion of Thompson Street; and WHEREAS, the said Council File #96-621 contained an enor in the legal description of the property to be vacated; NOW THEREFORE BE IT RESOLVED, that the legal description on Lines 8 and 9, Page 1 of the said Council File #96-621 be amended to read: That part of Thompson Street lying northerly of the North Line of Grand Avenue and southeasterly of the northeasteriy extension of the Southeast Line of the relocated Thompson Street, as dedicated in I?ocument Number 2901430, filed in the office of the Ramsey County Registrar of Deeds on December 4, 1995. BE IT FURTIiER RESOLVED, that all other terms and conditions o£ the said Council Rile #96-621 remain in full force and effect. Requested by Department of: Technoloev & Management Services By: �..G� ��'��I:i��� Directo� Form Approved by City Attorney B �'l✓tJ�_ Y-t?-�� by �Iayor to Council � T.M.S./REAL ESTATE DIVISION bntact Person and Phone Number: Peter White � 266-8850 be on Countll Ageuda by: PAL � OF SIGNATURE PAGES 1 PION REQUESTED: Date: Apr� ]7, 1998 2 EPAR'LA1E: �� Green t Number: 521$2 4 COUNCII. CI.ERK FFiCE OF F'AANCIAi, SVCS. 1 CITY ATTORNEY 77GET DIRF,CTOR � 3 p11AYOR COR ASS7STA.�7'y�/ � 1 J ALL LOCATIONS FOR To correct the legal description of part of T'hompson 5treet that the Council vacated in 1996. Ref: 1. Resolution to correct legal description; 2. Map showing area of vacation; 3. Copy of Resolution CF#96-b21. RSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING: Has the personlSrm ever worked mder a contrac[ for this depaztment? YES NO ecnrvresic consusscox A s'"ec Has this persou/t'iim ever been a City empbyee? crva sxav�ce comm�ssirnv RECESV� � APR � 3 i998 . Dces this person/fum possess a slolt uot normally passessed by any YES NO cm Comrnuzti�Ee �'�t City employee? Ex ain all YES answers on a sepazate sheet and attach. )RTS WIIICH COUNCIL OBJECTIVE? COUNCIL WARD(S) 2 DISTRICT PLANNING COUNCII, q �TING PROBLEM, ISSUE, OPPORT[7NITY (WLo, What, When, 4Vhere, Why?): Ramsey County Recorder's�Office declined to file resolution as written. 1DVANTAGES 7F APPROVED: The County will file the vacation of Thompson Street. i�"�� � � ���r=� RE#11ESTAT� 61VSS96iS !SADVANTAGES IF APPROVED: None canvarrracES�xoTnrrxovEn: ��i6cYt�R'S (}F�ICE The Countp will not file the vacation of Thompson Street. AL AMOUNT OF 7'RANSACTION: $O.00 COSfiREVENUE BUDGETED (CII2CLE ONE) )ING SOURCE: NIA ACr�viTY NUMBEx' . NIA VCIAL Il�FORMATION: (EXPLAIN) YES NO YES NO Cous'x�7 Reseasch ��r;ter NtA APR 2 7 199� / � � i . , / f / ` � f i i ��� � �. 3 . / � ~a � y'- / / ��% � � � i / %. / .. \f � t �,. S t' / /. / .,.a^ a e `� // ��, / f 2�` / S a � � � . �� f / � f _ _ � R/W CURYE 1 fl N� • A=21.54 ar � - R=40.50 ( , u " y � ' D=30'28'35` , a ,. y � / 1 r� - `so 3� �� \ � s 's o . a ., f o � . V � . ,� ��� � � f , ��`�� o O / .% , p � / � ' ��. C� �h . � � ��. � i � /. . l c� y � P � � j/. r o�,s� �•,P r,� 6 � � f '• � _ • _ - .................. � • 61.8� . � . . . . . f • . N �3 ' � P � ; 5 � 54 ; M ETCALF � � �� - : . . . . . . . . . . .� . . . . . . . . . . � � N ' : : AND ' 1 3 6�8 : ...............:...... � i M 22 � 23 : VJILDER'S � IRVlNE'S : 3 , : 2 : ' _ ck o( sidrnik here ; ; � � �• ; ot R/w • . . . 6 d S 89'S9 E 273.18 � R% � SIDEWALK __ __ _ V _ _ W 1/4 SECTION LIhlE__-�_ � AVENUE � �cu�e y RAMSEY STREET ) �, _�W � � 6 �.— — `�8-�99 � E/W 1/4 SEC� 5ECT10N 7, TZ �t $ - 39`1 tceturn copy to: Real Estate Division 140 City Hall r,�,+ea sy Referred To co�,;uee: council File # Green Sheet # BE TT RESOLVED, that upon the petition of Allina Health System, per Finance Department File No. I3-1995, public groperties hereinafter described are hereby vacated and discontinued as public property; and, subject to the herein stated exceptions, the easements within those public properties are hereby released. The vacated azea is described as follows: 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. 10 11 12 13 l4 '.5 6 7 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the Saint Paul Legislative Code as amended, and to the following conditions: 1. That the petitioners, their successors and assigns shaii pay $500.00 as an administrative fee, which shall be due and payable within 60 days of the effective date of this resolution, excegt that an amount not to exceed $500.00, paid by the petitioners for a Street Use Pernut to begin construction in the area to be vacated, shall apply against the said administrative fee. 2. That the following permanent easements shall be retained to protect the interests of the City of Saint Paul Department of Public Works: a. a permanent 30 foot subterranean sewer easement between City elevation 50 and 70 feet, and centered on the centerline of the entire Thomgson Street to be vacated to protect the e�sting sand rock sewer main; and b. a permanent 20 foot access easement; subject to restrictions as set forth in the attached "Utility Easement Restrictions," centered on a line five feet easterly and northeasterly of the centerline of that part of Thompson Street to be vacated lying northerly of the north line of Grand Avenue and southeasterly of a line 20 feet northwesterly and parallel to the northwest line of Lot 6 of Metcalf and Wilders Subdivision of Lots 24 and 25 of Block 68, Dayton and Trvine's Addition eatended to the northeast, to reserve the right of the City to maintain and operate any sewer in, under or upon said easement, and to enter upon said easement or any portion thereof at any time far the purpose of future construction, reconstruction, inspecting, maintaining or repairing the said sewer or any part thereof, and RESOLUTtON C1TY OF SAINT PAUL, MINNESOTA 9$ -3°�� 2 3 4 c. a permanent full width easement on, over, under and across the southerly 8 feet of the vacated area to reserve the right of the City to maintain and operate a tsaffic signa] and street lighting facilities and to enter upon said easement at any time for the construetion, reconstruction, maintenance, repair, operation, or inspection of said traffic signal and street lighting facilities. Said easements shall be subject to the foilowing conditions: 9 10 il 12 13 14 15 16 17 18 19 20 21 22 23 ?4 ?5 '.6 d. No buildings, structures, trees or any temporary structure, material storage, fiarture, or any other ob}ects that will prohibit normal access to utility facilities for maintenance purposes will be pernutted within the easement area. e. Improvements in or upon the a6ove described easements that do not prohibit the City from exercising its reserved rights may be allowed by obtaining written permission from the Department of Pubi'ac Works with the understanding that, in the event the City exercises its reserved easement rights, the restoration and costs of such improvements shaii be the sole responsibility of the petitioners, their successors and assigns . f. EQ No change from the existing grade within the easement area will be permitted without written gernrission from the Department of Public Works. No change an surfacing within the easement area will be peratitted without written permission from the Department of Public Works. h. The petitioners, their successors and assigns shall indemnify, defend, and save harmless the City of Saint Paul, iis 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 resulting from any action or negligence of the getitioners, their employees, agents, or business invitees. 3. 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, 24, 21, 22, 23, Block 68, Dayton & Irvine's Addition to St. Paul, according to the recorded plat thereo� Ramsey County, Minnesota; and that part of Lots 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: That part of Lats 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, NTinnesota; and that part af Lots 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: °1t -��q `� � 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 t3 Beginning at the Southeast Corner of said plat of Metcalf &�Ider's: thence North 89 degrees 54 minutes 26 seconds West, an assumed bearing, a distance of 238.18 feet along the north right-of-way line of Grand Avenue to the Southeast Corner of I.ot 21, said Block 68, Dayton & Irvine's Addition to St. Paul; thence North 78 degrees 31 minutes 36 seconds West a distance of 22.29 feet; thence North 85 degrees 15 minutes I S seconds West a distance of 31.39 feet; thence 64.44 feet along a tangentiai 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 118.17 feet along the east ]ines of Lots 2, 3, and 4 of said Block 68 to the Northeast corner of Lot 6, said plat of Metcalf & Wilder's; thence South 0 degrees 39 minutes 29 seconds East a distance of 23138 feet a3ong 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 describsd 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: a. No buildings, sttuctures or additional trees will be permitted within the easement area, or any temporary structure, material storage, fixture or other object that may prohibit normal access to water facilities for maintenance purposes. b. No change from the e�cisting grade or change in surfacing within the easement azea wiil be pernutted without written permission from the Water Utility. 5 c. Should the petitioners' works or improvements he damaged or, of necessity,-removed as a 6 result of Water Utility ogerations, all removal costs and replacement or modification costs 7 to restore the petitioners works and improvements shall be borne solely by the petitioners. ) d. The petitioners, their successors and assigns sha(1 ful(y indemnify, defend and save harrriless > the Board of Water Commissioners, its officers, agents, employees, and servants from all suits, action 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 petitioners, their employees, agents or businessinvitees. ° ��� 2 4. That with the accompanying Utility Easement Certificates of Intended Non-Use, filed voluntarily on 3 behaif of L3.S. West Communications, Incorporated, Northem States Power Company, District 4 Energy St. Paul, Incorporated, Access Transmission Services Incorporated, Continental 5 Cablevision, The Water Utility, and The Department of Public Works, made a part hereof by this 6 reference and filed in the office of the City Cierk of Saint Paul, the City, for itself and on behalf of 7 these corporations and departments, waive the right to the utility easements in the vacated area 8 described above. 9 10 5. 11 12 13 14 15 16 17 18 6. 19 20 21 >Z 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 ciaims of any character brought as a resuit 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 That the petitioners their successors, and assigns, shall within 60 days of the effective date of this resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution and shaii within the period(s) specified in the terms and conditions of this resolution, comply in all resgects with these terms and conditions. BE TT FURTHER RESOLVEA, that the Council of the City of Saint Paul does hereby accept, on behalf of the Board of Water Commissioners, a permanent water utility easement as herein described, made by Allina Health System and Children's Health Care; and that the City Attorney is hereby directed to file the right-of-way easement conveyance in the Office of County Recorder. A copy of the right-of-way easement dedication is attached hereto and is incorporated herein by this reference. Requested by Department of: 3y: �pproved by Mayor: Aate ty: Finance & Manaeement Services : Form Approved by City Attorney i� Director Approved by Mayor for Submission to Council I� Adopted by Councit: Date Adoption Certified by Council Secretary xetnrn copy to: Real Estate Division 140 City Hall ORlGINA V Prcceated By Referred To oF Council File # 98 • 3R9 Green Sheet # -51 /6'Z RESOLUTION MINNESOTA llv Cammittee: Date WFIEREAS, on Jnne 5, 1996 the Conncil adopted CauncIl File #96-621, thereby vacating a portion of Thompson Street; and WHEREAS, the said Council File #96-621 contained an enor in the legal description of the property to be vacated; NOW THEREFORE BE IT RESOLVED, that the legal description on Lines 8 and 9, Page 1 of the said Council File #96-621 be amended to read: That part of Thompson Street lying northerly of the North Line of Grand Avenue and southeasterly of the northeasteriy extension of the Southeast Line of the relocated Thompson Street, as dedicated in I?ocument Number 2901430, filed in the office of the Ramsey County Registrar of Deeds on December 4, 1995. BE IT FURTIiER RESOLVED, that all other terms and conditions o£ the said Council Rile #96-621 remain in full force and effect. Requested by Department of: Technoloev & Management Services By: �..G� ��'��I:i��� Directo� Form Approved by City Attorney B �'l✓tJ�_ Y-t?-�� by �Iayor to Council � T.M.S./REAL ESTATE DIVISION bntact Person and Phone Number: Peter White � 266-8850 be on Countll Ageuda by: PAL � OF SIGNATURE PAGES 1 PION REQUESTED: Date: Apr� ]7, 1998 2 EPAR'LA1E: �� Green t Number: 521$2 4 COUNCII. CI.ERK FFiCE OF F'AANCIAi, SVCS. 1 CITY ATTORNEY 77GET DIRF,CTOR � 3 p11AYOR COR ASS7STA.�7'y�/ � 1 J ALL LOCATIONS FOR To correct the legal description of part of T'hompson 5treet that the Council vacated in 1996. Ref: 1. Resolution to correct legal description; 2. Map showing area of vacation; 3. Copy of Resolution CF#96-b21. RSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING: Has the personlSrm ever worked mder a contrac[ for this depaztment? YES NO ecnrvresic consusscox A s'"ec Has this persou/t'iim ever been a City empbyee? crva sxav�ce comm�ssirnv RECESV� � APR � 3 i998 . Dces this person/fum possess a slolt uot normally passessed by any YES NO cm Comrnuzti�Ee �'�t City employee? Ex ain all YES answers on a sepazate sheet and attach. )RTS WIIICH COUNCIL OBJECTIVE? COUNCIL WARD(S) 2 DISTRICT PLANNING COUNCII, q �TING PROBLEM, ISSUE, OPPORT[7NITY (WLo, What, When, 4Vhere, Why?): Ramsey County Recorder's�Office declined to file resolution as written. 1DVANTAGES 7F APPROVED: The County will file the vacation of Thompson Street. i�"�� � � ���r=� RE#11ESTAT� 61VSS96iS !SADVANTAGES IF APPROVED: None canvarrracES�xoTnrrxovEn: ��i6cYt�R'S (}F�ICE The Countp will not file the vacation of Thompson Street. AL AMOUNT OF 7'RANSACTION: $O.00 COSfiREVENUE BUDGETED (CII2CLE ONE) )ING SOURCE: NIA ACr�viTY NUMBEx' . NIA VCIAL Il�FORMATION: (EXPLAIN) YES NO YES NO Cous'x�7 Reseasch ��r;ter NtA APR 2 7 199� / � � i . , / f / ` � f i i ��� � �. 3 . / � ~a � y'- / / ��% � � � i / %. / .. \f � t �,. S t' / /. / .,.a^ a e `� // ��, / f 2�` / S a � � � . �� f / � f _ _ � R/W CURYE 1 fl N� • A=21.54 ar � - R=40.50 ( , u " y � ' D=30'28'35` , a ,. y � / 1 r� - `so 3� �� \ � s 's o . a ., f o � . V � . ,� ��� � � f , ��`�� o O / .% , p � / � ' ��. C� �h . � � ��. � i � /. . l c� y � P � � j/. r o�,s� �•,P r,� 6 � � f '• � _ • _ - .................. � • 61.8� . � . . . . . f • . N �3 ' � P � ; 5 � 54 ; M ETCALF � � �� - : . . . . . . . . . . .� . . . . . . . . . . � � N ' : : AND ' 1 3 6�8 : ...............:...... � i M 22 � 23 : VJILDER'S � IRVlNE'S : 3 , : 2 : ' _ ck o( sidrnik here ; ; � � �• ; ot R/w • . . . 6 d S 89'S9 E 273.18 � R% � SIDEWALK __ __ _ V _ _ W 1/4 SECTION LIhlE__-�_ � AVENUE � �cu�e y RAMSEY STREET ) �, _�W � � 6 �.— — `�8-�99 � E/W 1/4 SEC� 5ECT10N 7, TZ �t $ - 39`1 tceturn copy to: Real Estate Division 140 City Hall r,�,+ea sy Referred To co�,;uee: council File # Green Sheet # BE TT RESOLVED, that upon the petition of Allina Health System, per Finance Department File No. I3-1995, public groperties hereinafter described are hereby vacated and discontinued as public property; and, subject to the herein stated exceptions, the easements within those public properties are hereby released. The vacated azea is described as follows: 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. 10 11 12 13 l4 '.5 6 7 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the Saint Paul Legislative Code as amended, and to the following conditions: 1. That the petitioners, their successors and assigns shaii pay $500.00 as an administrative fee, which shall be due and payable within 60 days of the effective date of this resolution, excegt that an amount not to exceed $500.00, paid by the petitioners for a Street Use Pernut to begin construction in the area to be vacated, shall apply against the said administrative fee. 2. That the following permanent easements shall be retained to protect the interests of the City of Saint Paul Department of Public Works: a. a permanent 30 foot subterranean sewer easement between City elevation 50 and 70 feet, and centered on the centerline of the entire Thomgson Street to be vacated to protect the e�sting sand rock sewer main; and b. a permanent 20 foot access easement; subject to restrictions as set forth in the attached "Utility Easement Restrictions," centered on a line five feet easterly and northeasterly of the centerline of that part of Thompson Street to be vacated lying northerly of the north line of Grand Avenue and southeasterly of a line 20 feet northwesterly and parallel to the northwest line of Lot 6 of Metcalf and Wilders Subdivision of Lots 24 and 25 of Block 68, Dayton and Trvine's Addition eatended to the northeast, to reserve the right of the City to maintain and operate any sewer in, under or upon said easement, and to enter upon said easement or any portion thereof at any time far the purpose of future construction, reconstruction, inspecting, maintaining or repairing the said sewer or any part thereof, and RESOLUTtON C1TY OF SAINT PAUL, MINNESOTA 9$ -3°�� 2 3 4 c. a permanent full width easement on, over, under and across the southerly 8 feet of the vacated area to reserve the right of the City to maintain and operate a tsaffic signa] and street lighting facilities and to enter upon said easement at any time for the construetion, reconstruction, maintenance, repair, operation, or inspection of said traffic signal and street lighting facilities. Said easements shall be subject to the foilowing conditions: 9 10 il 12 13 14 15 16 17 18 19 20 21 22 23 ?4 ?5 '.6 d. No buildings, structures, trees or any temporary structure, material storage, fiarture, or any other ob}ects that will prohibit normal access to utility facilities for maintenance purposes will be pernutted within the easement area. e. Improvements in or upon the a6ove described easements that do not prohibit the City from exercising its reserved rights may be allowed by obtaining written permission from the Department of Pubi'ac Works with the understanding that, in the event the City exercises its reserved easement rights, the restoration and costs of such improvements shaii be the sole responsibility of the petitioners, their successors and assigns . f. EQ No change from the existing grade within the easement area will be permitted without written gernrission from the Department of Public Works. No change an surfacing within the easement area will be peratitted without written permission from the Department of Public Works. h. The petitioners, their successors and assigns shall indemnify, defend, and save harmless the City of Saint Paul, iis 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 resulting from any action or negligence of the getitioners, their employees, agents, or business invitees. 3. 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, 24, 21, 22, 23, Block 68, Dayton & Irvine's Addition to St. Paul, according to the recorded plat thereo� Ramsey County, Minnesota; and that part of Lots 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: That part of Lats 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, NTinnesota; and that part af Lots 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: °1t -��q `� � 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 t3 Beginning at the Southeast Corner of said plat of Metcalf &�Ider's: thence North 89 degrees 54 minutes 26 seconds West, an assumed bearing, a distance of 238.18 feet along the north right-of-way line of Grand Avenue to the Southeast Corner of I.ot 21, said Block 68, Dayton & Irvine's Addition to St. Paul; thence North 78 degrees 31 minutes 36 seconds West a distance of 22.29 feet; thence North 85 degrees 15 minutes I S seconds West a distance of 31.39 feet; thence 64.44 feet along a tangentiai 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 118.17 feet along the east ]ines of Lots 2, 3, and 4 of said Block 68 to the Northeast corner of Lot 6, said plat of Metcalf & Wilder's; thence South 0 degrees 39 minutes 29 seconds East a distance of 23138 feet a3ong 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 describsd 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: a. No buildings, sttuctures or additional trees will be permitted within the easement area, or any temporary structure, material storage, fixture or other object that may prohibit normal access to water facilities for maintenance purposes. b. No change from the e�cisting grade or change in surfacing within the easement azea wiil be pernutted without written permission from the Water Utility. 5 c. Should the petitioners' works or improvements he damaged or, of necessity,-removed as a 6 result of Water Utility ogerations, all removal costs and replacement or modification costs 7 to restore the petitioners works and improvements shall be borne solely by the petitioners. ) d. The petitioners, their successors and assigns sha(1 ful(y indemnify, defend and save harrriless > the Board of Water Commissioners, its officers, agents, employees, and servants from all suits, action 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 petitioners, their employees, agents or businessinvitees. ° ��� 2 4. That with the accompanying Utility Easement Certificates of Intended Non-Use, filed voluntarily on 3 behaif of L3.S. West Communications, Incorporated, Northem States Power Company, District 4 Energy St. Paul, Incorporated, Access Transmission Services Incorporated, Continental 5 Cablevision, The Water Utility, and The Department of Public Works, made a part hereof by this 6 reference and filed in the office of the City Cierk of Saint Paul, the City, for itself and on behalf of 7 these corporations and departments, waive the right to the utility easements in the vacated area 8 described above. 9 10 5. 11 12 13 14 15 16 17 18 6. 19 20 21 >Z 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 ciaims of any character brought as a resuit 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 That the petitioners their successors, and assigns, shall within 60 days of the effective date of this resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution and shaii within the period(s) specified in the terms and conditions of this resolution, comply in all resgects with these terms and conditions. BE TT FURTHER RESOLVEA, that the Council of the City of Saint Paul does hereby accept, on behalf of the Board of Water Commissioners, a permanent water utility easement as herein described, made by Allina Health System and Children's Health Care; and that the City Attorney is hereby directed to file the right-of-way easement conveyance in the Office of County Recorder. A copy of the right-of-way easement dedication is attached hereto and is incorporated herein by this reference. Requested by Department of: 3y: �pproved by Mayor: Aate ty: Finance & Manaeement Services : Form Approved by City Attorney i� Director Approved by Mayor for Submission to Council I� Adopted by Councit: Date Adoption Certified by Council Secretary xetnrn copy to: Real Estate Division 140 City Hall ORlGINA V Prcceated By Referred To oF Council File # 98 • 3R9 Green Sheet # -51 /6'Z RESOLUTION MINNESOTA llv Cammittee: Date WFIEREAS, on Jnne 5, 1996 the Conncil adopted CauncIl File #96-621, thereby vacating a portion of Thompson Street; and WHEREAS, the said Council File #96-621 contained an enor in the legal description of the property to be vacated; NOW THEREFORE BE IT RESOLVED, that the legal description on Lines 8 and 9, Page 1 of the said Council File #96-621 be amended to read: That part of Thompson Street lying northerly of the North Line of Grand Avenue and southeasterly of the northeasteriy extension of the Southeast Line of the relocated Thompson Street, as dedicated in I?ocument Number 2901430, filed in the office of the Ramsey County Registrar of Deeds on December 4, 1995. BE IT FURTIiER RESOLVED, that all other terms and conditions o£ the said Council Rile #96-621 remain in full force and effect. Requested by Department of: Technoloev & Management Services By: �..G� ��'��I:i��� Directo� Form Approved by City Attorney B �'l✓tJ�_ Y-t?-�� by �Iayor to Council � T.M.S./REAL ESTATE DIVISION bntact Person and Phone Number: Peter White � 266-8850 be on Countll Ageuda by: PAL � OF SIGNATURE PAGES 1 PION REQUESTED: Date: Apr� ]7, 1998 2 EPAR'LA1E: �� Green t Number: 521$2 4 COUNCII. CI.ERK FFiCE OF F'AANCIAi, SVCS. 1 CITY ATTORNEY 77GET DIRF,CTOR � 3 p11AYOR COR ASS7STA.�7'y�/ � 1 J ALL LOCATIONS FOR To correct the legal description of part of T'hompson 5treet that the Council vacated in 1996. Ref: 1. Resolution to correct legal description; 2. Map showing area of vacation; 3. Copy of Resolution CF#96-b21. RSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING: Has the personlSrm ever worked mder a contrac[ for this depaztment? YES NO ecnrvresic consusscox A s'"ec Has this persou/t'iim ever been a City empbyee? crva sxav�ce comm�ssirnv RECESV� � APR � 3 i998 . Dces this person/fum possess a slolt uot normally passessed by any YES NO cm Comrnuzti�Ee �'�t City employee? Ex ain all YES answers on a sepazate sheet and attach. )RTS WIIICH COUNCIL OBJECTIVE? COUNCIL WARD(S) 2 DISTRICT PLANNING COUNCII, q �TING PROBLEM, ISSUE, OPPORT[7NITY (WLo, What, When, 4Vhere, Why?): Ramsey County Recorder's�Office declined to file resolution as written. 1DVANTAGES 7F APPROVED: The County will file the vacation of Thompson Street. i�"�� � � ���r=� RE#11ESTAT� 61VSS96iS !SADVANTAGES IF APPROVED: None canvarrracES�xoTnrrxovEn: ��i6cYt�R'S (}F�ICE The Countp will not file the vacation of Thompson Street. AL AMOUNT OF 7'RANSACTION: $O.00 COSfiREVENUE BUDGETED (CII2CLE ONE) )ING SOURCE: NIA ACr�viTY NUMBEx' . NIA VCIAL Il�FORMATION: (EXPLAIN) YES NO YES NO Cous'x�7 Reseasch ��r;ter NtA APR 2 7 199� / � � i . , / f / ` � f i i ��� � �. 3 . / � ~a � y'- / / ��% � � � i / %. / .. \f � t �,. S t' / /. / .,.a^ a e `� // ��, / f 2�` / S a � � � . �� f / � f _ _ � R/W CURYE 1 fl N� • A=21.54 ar � - R=40.50 ( , u " y � ' D=30'28'35` , a ,. y � / 1 r� - `so 3� �� \ � s 's o . a ., f o � . V � . ,� ��� � � f , ��`�� o O / .% , p � / � ' ��. C� �h . � � ��. � i � /. . l c� y � P � � j/. r o�,s� �•,P r,� 6 � � f '• � _ • _ - .................. � • 61.8� . � . . . . . f • . N �3 ' � P � ; 5 � 54 ; M ETCALF � � �� - : . . . . . . . . . . .� . . . . . . . . . . � � N ' : : AND ' 1 3 6�8 : ...............:...... � i M 22 � 23 : VJILDER'S � IRVlNE'S : 3 , : 2 : ' _ ck o( sidrnik here ; ; � � �• ; ot R/w • . . . 6 d S 89'S9 E 273.18 � R% � SIDEWALK __ __ _ V _ _ W 1/4 SECTION LIhlE__-�_ � AVENUE � �cu�e y RAMSEY STREET ) �, _�W � � 6 �.— — `�8-�99 � E/W 1/4 SEC� 5ECT10N 7, TZ �t $ - 39`1 tceturn copy to: Real Estate Division 140 City Hall r,�,+ea sy Referred To co�,;uee: council File # Green Sheet # BE TT RESOLVED, that upon the petition of Allina Health System, per Finance Department File No. I3-1995, public groperties hereinafter described are hereby vacated and discontinued as public property; and, subject to the herein stated exceptions, the easements within those public properties are hereby released. The vacated azea is described as follows: 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. 10 11 12 13 l4 '.5 6 7 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the Saint Paul Legislative Code as amended, and to the following conditions: 1. That the petitioners, their successors and assigns shaii pay $500.00 as an administrative fee, which shall be due and payable within 60 days of the effective date of this resolution, excegt that an amount not to exceed $500.00, paid by the petitioners for a Street Use Pernut to begin construction in the area to be vacated, shall apply against the said administrative fee. 2. That the following permanent easements shall be retained to protect the interests of the City of Saint Paul Department of Public Works: a. a permanent 30 foot subterranean sewer easement between City elevation 50 and 70 feet, and centered on the centerline of the entire Thomgson Street to be vacated to protect the e�sting sand rock sewer main; and b. a permanent 20 foot access easement; subject to restrictions as set forth in the attached "Utility Easement Restrictions," centered on a line five feet easterly and northeasterly of the centerline of that part of Thompson Street to be vacated lying northerly of the north line of Grand Avenue and southeasterly of a line 20 feet northwesterly and parallel to the northwest line of Lot 6 of Metcalf and Wilders Subdivision of Lots 24 and 25 of Block 68, Dayton and Trvine's Addition eatended to the northeast, to reserve the right of the City to maintain and operate any sewer in, under or upon said easement, and to enter upon said easement or any portion thereof at any time far the purpose of future construction, reconstruction, inspecting, maintaining or repairing the said sewer or any part thereof, and RESOLUTtON C1TY OF SAINT PAUL, MINNESOTA 9$ -3°�� 2 3 4 c. a permanent full width easement on, over, under and across the southerly 8 feet of the vacated area to reserve the right of the City to maintain and operate a tsaffic signa] and street lighting facilities and to enter upon said easement at any time for the construetion, reconstruction, maintenance, repair, operation, or inspection of said traffic signal and street lighting facilities. Said easements shall be subject to the foilowing conditions: 9 10 il 12 13 14 15 16 17 18 19 20 21 22 23 ?4 ?5 '.6 d. No buildings, structures, trees or any temporary structure, material storage, fiarture, or any other ob}ects that will prohibit normal access to utility facilities for maintenance purposes will be pernutted within the easement area. e. Improvements in or upon the a6ove described easements that do not prohibit the City from exercising its reserved rights may be allowed by obtaining written permission from the Department of Pubi'ac Works with the understanding that, in the event the City exercises its reserved easement rights, the restoration and costs of such improvements shaii be the sole responsibility of the petitioners, their successors and assigns . f. EQ No change from the existing grade within the easement area will be permitted without written gernrission from the Department of Public Works. No change an surfacing within the easement area will be peratitted without written permission from the Department of Public Works. h. The petitioners, their successors and assigns shall indemnify, defend, and save harmless the City of Saint Paul, iis 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 resulting from any action or negligence of the getitioners, their employees, agents, or business invitees. 3. 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, 24, 21, 22, 23, Block 68, Dayton & Irvine's Addition to St. Paul, according to the recorded plat thereo� Ramsey County, Minnesota; and that part of Lots 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: That part of Lats 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, NTinnesota; and that part af Lots 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: °1t -��q `� � 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 t3 Beginning at the Southeast Corner of said plat of Metcalf &�Ider's: thence North 89 degrees 54 minutes 26 seconds West, an assumed bearing, a distance of 238.18 feet along the north right-of-way line of Grand Avenue to the Southeast Corner of I.ot 21, said Block 68, Dayton & Irvine's Addition to St. Paul; thence North 78 degrees 31 minutes 36 seconds West a distance of 22.29 feet; thence North 85 degrees 15 minutes I S seconds West a distance of 31.39 feet; thence 64.44 feet along a tangentiai 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 118.17 feet along the east ]ines of Lots 2, 3, and 4 of said Block 68 to the Northeast corner of Lot 6, said plat of Metcalf & Wilder's; thence South 0 degrees 39 minutes 29 seconds East a distance of 23138 feet a3ong 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 describsd 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: a. No buildings, sttuctures or additional trees will be permitted within the easement area, or any temporary structure, material storage, fixture or other object that may prohibit normal access to water facilities for maintenance purposes. b. No change from the e�cisting grade or change in surfacing within the easement azea wiil be pernutted without written permission from the Water Utility. 5 c. Should the petitioners' works or improvements he damaged or, of necessity,-removed as a 6 result of Water Utility ogerations, all removal costs and replacement or modification costs 7 to restore the petitioners works and improvements shall be borne solely by the petitioners. ) d. The petitioners, their successors and assigns sha(1 ful(y indemnify, defend and save harrriless > the Board of Water Commissioners, its officers, agents, employees, and servants from all suits, action 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 petitioners, their employees, agents or businessinvitees. ° ��� 2 4. That with the accompanying Utility Easement Certificates of Intended Non-Use, filed voluntarily on 3 behaif of L3.S. West Communications, Incorporated, Northem States Power Company, District 4 Energy St. Paul, Incorporated, Access Transmission Services Incorporated, Continental 5 Cablevision, The Water Utility, and The Department of Public Works, made a part hereof by this 6 reference and filed in the office of the City Cierk of Saint Paul, the City, for itself and on behalf of 7 these corporations and departments, waive the right to the utility easements in the vacated area 8 described above. 9 10 5. 11 12 13 14 15 16 17 18 6. 19 20 21 >Z 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 ciaims of any character brought as a resuit 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 That the petitioners their successors, and assigns, shall within 60 days of the effective date of this resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution and shaii within the period(s) specified in the terms and conditions of this resolution, comply in all resgects with these terms and conditions. BE TT FURTHER RESOLVEA, that the Council of the City of Saint Paul does hereby accept, on behalf of the Board of Water Commissioners, a permanent water utility easement as herein described, made by Allina Health System and Children's Health Care; and that the City Attorney is hereby directed to file the right-of-way easement conveyance in the Office of County Recorder. A copy of the right-of-way easement dedication is attached hereto and is incorporated herein by this reference. Requested by Department of: 3y: �pproved by Mayor: Aate ty: Finance & Manaeement Services : Form Approved by City Attorney i� Director Approved by Mayor for Submission to Council I� Adopted by Councit: Date Adoption Certified by Council Secretary