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File #: RES PH 13-18    Version:
Type: Resolution-Public Hearing Status: Passed
In control: City Council
Final action: 1/16/2013
Title: Approving the petition of the Ordway Center for the Performing Arts to vacate a portion of Washington Street, including air rights above Washington Street, and to release and establish other easements in connection with the development of a new 1,100-seat theatre on the Ordway property.
Sponsors: Dave Thune
Attachments: 1. Exhibit A.pdf, 2. Exhibit B.pdf, 3. Exhibit C.pdf, 4. Exhibit D.pdf
Title
Approving the petition of the Ordway Center for the Performing Arts to vacate a portion of Washington Street, including air rights above Washington Street, and to release and establish other easements in connection with the development of a new 1,100-seat theatre on the Ordway property.

Body
WHEREAS, the Ordway Center for the Performing Arts ("Petitioner") plans to construct a new 1,100-seat concert hall on the site of the existing 306-seat McKnight Theatre; and

WHEREAS, the proposed theatre would extend into the existing Washington Street right-of-way, thus requiring vacation of a portion of said right-of-way, as described and depicted in Exhibit A attached hereto; and

WHEREAS, the proposed theatre would also extend over portions of existing Washington Street and Fifth Street right-of-way, thus requiring vacation of air rights within said right-of-way, as described and depicted in Exhibit B attached hereto; and

WHEREAS, Petitioner also proposes to vacate an existing four-foot sidewalk easement located in front of the main Ordway Theatre entrance and westerly of the existing Washington Street right-of-way, as described and depicted in Exhibit C attached hereto; and replace said easement with a proposed Public Access Easement, as described and depicted in Exhibit D attached hereto; now, therefore be it

RESOLVED, that upon the petition of said Petitioner, as documented in Office of Financial Services Vacation File Number 16-2012, the public property described and depicted in Exhibits A, B and C is hereby vacated and discontinued as public property, and the utility easements within said public property are hereby released, all subject to the following conditions:

1. An easement shall be retained on, over, under and across the proposed Washington Street vacation area (Exhibit A) on behalf of District Energy St. Paul, Inc. and District Cooling St. Paul, Inc. until existing district heating service facilities are relocated from said Washington Street ...

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