Title
Releasing and rededicating a sidewalk easement to accommodate an expanded outdoor patio as requested by James R. Johnsen of Obb's Sports Bar and Grill.
Body
WHEREAS, on June 20, 2012 the City Council adopted RES PH 12-186 (Ramsey County Doc. No. 4387408) vacating parts of Clarence Street and Point Douglas Road and dedicating right-of-way for the realignment of roadways to facilitate the construction of a parking lot and outdoor patio for the adjacent Obb's Sports Bar & Grill, and to facilitate other public improvements to increase pedestrian safety; and
WHEREAS, as part of said vacation resolution the City of Saint Paul ("City") retained a sidewalk easement over part of vacated Clarence Street to facilitate pedestrian traffic along Clarence Street and around the new outdoor patio, described as:
That part of Clarence Street as dedicated in KAMNETZ ADDITION to Saint Paul, and POINT DOUGLAS ADDITION to the City of Saint Paul which lies southerly of the following described line, to wit:
Commencing at the southwest corner of Lot 14, Block 36, KAMNETZ ADDITION to Saint Paul, Ramsey County, Minnesota; thence North 00 degrees 48 minutes 38 seconds East 132.58 feet along the easterly right of way line of Clarence Street, as dedicated in said KAMNETZ ADDITION, to the point of beginning of the line to be described; thence South 89 degrees 16 minutes 22 seconds West 60 feet to the westerly right of way line of said Clarence Street and said line there terminating.
Retaining unto the City of Saint Paul an easement for sidewalk and pedestrian purposes over, under, and across the easterly 14 feet of the south 132.48 feet, and the easterly 38.78 feet of the south 39.18 feet of said Clarence Street except the east 24.78 feet of the south 25.18 feet thereof,
and depicted in Exhibit A attached hereto ("Existing Sidewalk Easement"); and
WHEREAS, James R. Johnsen, the business and property owner ("Owner"), is now planning to construct a building addition north of the existing building and create an expanded patio west of the addition; and
WHEREAS, the Owner is requesting the release of the Existing Sidewalk Easement retained in said vacation resolution, and is proposing to dedicate a new sidewalk easement within part of vacated Clarence Street to continue to facilitate pedestrian traffic along Clarence Street and accommodate the expanded patio, as described in Exhibit B attached hereto ("Proposed Sidewalk Easement") and depicted in Exhibit C attached hereto; and
WHEREAS, the City's Department of Public Works, by execution of a Certificate of Intended Non-Use, on file with the Office of Financial Services Real Estate Section, has determined that the Existing Sidewalk Easement may be released by the City upon conveyance by the Owner of the Proposed Sidewalk Easement; now, therefore be it
RESOLVED, that the City Council, on behalf of the City of Saint Paul, Department of Public Works, hereby waives and releases its rights to the Existing Sidewalk Easement and accepts dedication to the City of the Proposed Sidewalk Easement; and be it further
RESOLVED, that upon passage of this resolution and the City's receipt of a $300.00 administrative processing fee, the proper city officials are hereby authorized and directed to file a certified copy of this resolution and an executed original of the Proposed Sidewalk Easement in the office of the Ramsey County Recorder.