Title
Approving the release of utility easements in that portion of vacated Prosperity Avenue referenced in RES PH 18-252.
Body
WHEREAS, on September 5, 2018, the St. Paul City Council adopted RES PH 18-252 to vacate a portion of Prosperity Avenue, a copy of which is attached hereto (the "Vacation Resolution"); and
WHEREAS, the Vacation Resolution retained easement rights on behalf of Northern States Power, d/b/a Xcel Energy (Electric and Gas), Qwest Corporation (d/b/a CenturyLink QC), Comcast for existing facilities, St. Paul Regional Water Services and a sewer utility easement for the City of St. Paul, Department of Public Works; and
WHEREAS, Phalen Village Oz Fund LLC (the "Property Owner") is now requesting the release of the utility easements rights retained in the Vacation Resolution; and
WHEREAS, subsequent to the vacation, the facilities of said pubic and private utilities are being relocated from within the vacated area into adjacent right-of-way and each utility has agreed to release its easement rights, now, therefore be it
RESOLVED, that with the Certificates of Intended Non-Use, filed voluntarily on behalf of Qwest Corporation (dba CenturyLink QC), Comcast, St. Paul Regional Water Services and the City's Department of Public Works; the City, for itself and on behalf of said utilities, and acknowledging the independent release of easement rights retained by Northern States Power, d/b/a Xcel Energy, hereby waives all rights to the above-described utility easements as referenced in the Vacation Resolution; and be it further
RESOLVED, that upon passage of this resolution and the City's receipt of a $300.00 administrative processing fee from the property owner, 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 In...
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