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File #: RES 12-953    Version: 1
Type: Resolution Status: Passed
In control: City Council
Final action: 6/13/2012
Title: Authorizing the release of Utility and Slope Easements within the former Schmidt Brewery site.
Sponsors: Dave Thune
Attachments: 1. Exhibit A.pdf
Title
Authorizing the release of Utility and Slope Easements within the former Schmidt Brewery site.
 
Body
WHEREAS, a request has been received by the BHGDN, LLC, owner/developer of the proposed Schmidt Brewery Housing Redevelopment, for the release of utility easements within portions of previously-vacated Cascade Street, Palace Street and Oneida Street, and the release of slope easements along the southeast border of West Seventh Street, the south border of Jefferson Avenue, the west border of Erie Street and the east border of Toronto Street, all as highlighted in Exhibit A attached hereto; and
WHEREAS, the public and private utilities with easements in said vacated streets have determined that their easement rights, as identified below, may be waived, released and terminated; now, therefore be it
RESOLVED, that with the Certificates of Intended Non-Use, filed voluntarily on behalf of the City of Saint Paul - Public Works, a municipal corporation; the Saint Paul Regional Water Services, a municipal corporation; Ever-Green Energy, LLC for District Energy St. Paul, Inc. & District Cooling St. Paul, Inc.; Comcast, a Pennsylvania corporation; Northern States Power d/b/a Xcel Energy - Gas Division, a public utility; Northern States Power d/b/a Xcel Energy - Electric Division, a public utility; CenturyLink, a Louisiana corporation; and Verizon, a Delaware corporation (MCI Network Services, Inc); and made a part hereof by this reference and filed in the Office of the Financial Services Real Estate Section; the City, for itself and on behalf of said public utilities and corporations, hereby waives, releases and terminates the following utility easement rights:
   1.  The utility easements contained in Council File No. 63951 and filed of record as Document No. 703115, which relate to the vacation of portions of Cascade Street; and
   2.  The utility easements contained in Council File No. 14326 and filed of record as Document No. 263423, which relate to the vacation of portions of Palace Street;
and be it further
RESOLVED, that with the Certificate of Intended Non-Use, filed voluntarily on behalf of the City of Saint Paul - Public Works, a municipal corporation, and made a part hereof by this reference and filed in the Office of the Financial Services Real Estate Section; the City hereby waives, releases and terminates the following slope and sewer easement rights:
   1.  The easements for slopes, cuts and fills contained in Council File Nos. 99978, 100369 and 101199, and filed of record as Document Nos. 151341 and 154398, which relate to the properties along the southeast border of West Seventh Street between Jefferson Avenue and Toronto Street, the south border of Jefferson Avenue between West Seventh Street and Erie Street, the west border of Erie Street between Jefferson Avenue and approximately 100 feet south of the south right-of-way line of Jefferson Avenue, and the east border of Toronto Street between West Seventh Street and approximately 60 feet south of the southeast right-of-way line of West Seventh Street; and
   2.  The sewer easements contained in Council File No. 268405, filed of record as Document No. 1960868, and in the unrecorded Council File No. 275730, which relate to the vacation of portions of Oneida Street between James Avenue and West Seventh Street;
and be it finally
RESOLVED, that upon passage of this resolution and the City's receipt of a $300.00 administrative processing fee, said easement rights are released and the proper city officials are hereby authorized and directed to record a copy of said resolution in the office of the Ramsey County Recorder and/or Registrar of Titles, and that the Office of Financial Services Real Estate Section shall maintain on file a copy of the Certificates of Intended Non-Use referenced in this resolution.
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