Title
Approving the release of grading easements along Ivy Avenue and the partial release of a utility easement reservation in vacated streets and alleys within The Heights development.
Body
WHEREAS, the Port Authority of the City of Saint Paul ("Port Authority") owns property in the city of Saint Paul formerly known as the Hillcrest Golf Course and now platted as The Heights, as documented in Certificate of Title Number 652627, attached hereto as Exhibit E (the “Port Property”); and
WHEREAS, the City of Saint Paul ("City") has received a request from the Port Authority and Twin Cities Habitat for Humanity, Inc. to release various public property rights encumbering the most southerly portion of the Port Property formerly platted as Block 7 and Block 8, Harvester Heights, which is now situated within parts of Lot 1, Block 2; Lot 1, Block 3; and Outlot B of the Port Property (the "Encumbered Property"); and
WHEREAS, a grading easement for slopes, cuts and fills was granted to the City to grade part of the Encumbered Property along Ivy Avenue between Orange Avenue and McKnight Road (fka East Avenue), as set forth in the instrument recorded in Book 71 of Plans, page 2 on December 29, 1955 in the Ramsey County Recorder's Office, attached hereto as Exhibit A; and
WHEREAS, a separate grading easement for slopes, cuts and fills was granted to the City to grade part of the Encumbered Property along Ivy Avenue between Orange Avenue and McKnight Road, as set forth in the instrument recorded as Document Number 378552 on May 29, 1957 in the Ramsey County Recorder's Office, attached hereto as Exhibit B; and
WHEREAS, various streets and alleys within the Encumbered Property were vacated on April 22, 1922 and recorded as Document Number 608255, attached hereto as Exhibit C; and also on October 3, 1922 and recorded as Document Number 618753, attached hereto as Exhibit D; and in said vacations a utility easement was reserved and is now reflected in the legal description of the aforementioned Certificate of Title of the Port Property; and
WHEREAS, it has been determined that said grading easements and the utility reservation within the vacated streets and alleys of the Encumbered Property are no longer needed; now, therefore, be it
RESOLVED, that with the Certificate of Intended Non-Use filed voluntarily on behalf of the City’s Department of Public Works, the City, for itself and on behalf of said department, hereby waives, releases and terminates said grading easements for slopes, cuts and fills within the Encumbered Property; and be it further
RESOLVED, that with the Certificates of Intended Non-Use filed voluntarily on behalf of the City’s Department of Public Works, the Saint Paul Board of Water Commissioners, Northern States Power Company (dba Xcel Energy) and U.S. West Communications, Inc. (dba CenturyLink and Lumen), the City, for itself and on behalf of said departments and utilities, hereby waives, releases and terminates said utility easement reservation within the Encumbered Property; and be it further
RESOLVED, that upon passage of this resolution and the City's receipt from the Port Authority or its representative of a $300.00 administrative processing fee, the proper City officials are hereby authorized and directed to record a copy of this 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; and be it finally
RESOLVED, that all other terms and conditions in the information of Exhibits A, B, C, D and E shall remain in full force and effect and be fully incorporated into this resolution.