Title
Approving the petition of Curt Trisko, on behalf of York Avenue Land Development LLC, to vacate an unimproved street opened in Block 2, Cruickshank's Garden Lots as Stillwater Avenue, the block bounded by York, Birmingham, E. Seventh, and Hazelwood.
Body
WHEREAS, Chapter 130 of the Saint Paul Legislative Code gives the City Council the exclusive power to vacate public streets within the city of Saint Paul; and
WHEREAS, Curt Trisko, on behalf of York Avenue Land Development LLC, has petitioned to vacate an opened and unimproved street right-of-way; now, therefore, be it
RESOLVED, in accordance with Chapter 130 of the Saint Paul Legislative Code, that upon the petition of Curt Trisko, on behalf of York Avenue Land Development LLC, ("Petitioner"), as documented in Office of Financial Services’ Vacation File Number 10-2023, the public property described and depicted in Exhibit A attached hereto ("Stillwater Avenue ROW"), is hereby vacated and discontinued as public property and, subject to the following conditions, the utility easements within said public property are hereby released in accordance with Section 130.05(3):
1. The Petitioner, its successors and assigns shall pay $1,200.00 to the City of Saint Paul ("City") as an administrative fee for this vacation which is due and payable within 60 days of the effective date of this resolution.
2. The Petitioner, its successors and assigns shall, within 60 days of the effective date of this resolution, file with the Office of Financial Services/Real Estate Section, an acceptance in writing of the conditions of this resolution and shall, within the period specified in the terms and conditions of this resolution, comply in all respects with these terms and conditions.
3. The Petitioner, its successors and assigns agree to indemnify, defend and save harmless the City, 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 the Petitioner's use of this property, including but not limited 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 its agents or employees.
4. Subsequent to approval of the vacation, the Petitioner must either directly purchase all land within the Stillwater Avenue ROW in which the City holds a fee ownership interest, or facilitate a purchase of said land by the adjacent property owner if different from the Petitioner, all in accordance with Chapter 51 of the Saint Paul Administrative Code; and be it further
RESOLVED, that the City waives, releases and terminates any easement rights for slopes, cuts and fills appurtenant to the Stillwater Avenue ROW; and be it finally
RESOLVED, that upon the vacation of the Stillwater Avenue ROW, the proper city officials are hereby authorized and directed, in accordance with Chapter 51 of the Saint Paul Administrative Code, to:
1. Execute an Agreement for Sale and Purchase of Real Property between the City and Petitioner or the owner of property adjacent to the fee-owned city property;
2. Convey said city-owned property to the purchaser via quitclaim deed, and accept from the purchaser compensation for the appraised fair market value of same; and
3. Execute documents, pay costs and accept fees as may be as necessary to complete said conveyance.