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File #: RES PH 18-20    Version: 1
Type: Resolution-Public Hearing Status: Passed
In control: City Council
Final action: 1/17/2018
Title: Approving the petition of Morelli's to vacate a portion of abutting Bedford Avenue.
Sponsors: Amy Brendmoen
Attachments: 1. Exhibit A - Bedford Depiction and Legal Description, 2. Exhibit B - Morelli's 3 Way Agreement, 3. Bedford Vacation - Area Map
Approving the petition of Morelli's to vacate a portion of abutting Bedford Avenue.

WHEREAS, in 2017 the City of Saint Paul (“City”) reconstructed and realigned the public right-of-way at the intersection of Bedford Street and Payne Avenue for the Bedford/Payne Improvement Project; and

WHEREAS, the City is being petitioned to vacate a portion of Bedford Street that is currently being encroached upon and used as a parking lot by Tedesco 535, Suite 1, LLC a/ka Morelli's ("Petitioner") located at 535 Tedesco Street, as depicted and described in Exhibit A attached hereto (the “Vacation Property”); and

WHEREAS, upon vacating the Vacation Property, the City agrees to convey its portion of underlying fee title ownership to the Housing and Redevelopment Authority of the City of Saint Paul ("HRA") for subsequent conveyance to Petitioner, as provided in the three-party Real Property Sale and Purchase Agreement attached hereto as Exhibit B; now, therefore be it

BE IT RESOLVED, in accordance with Chapter 130 of the Saint Paul Legislative Code, that upon the petition of the Petitioner, as documented in Office of Financial Services Real Estate Section Vacation File Number 5-2017, the public property legally described in Exhibit A attached hereto is hereby vacated and discontinued as public property, and the utility easements within said public property are hereby released in accordance with Section 130.05(3), subject to the following conditions:
1. That a permanent utility easement shall be retained on, over, under and across the Vacation Property on behalf of the Board of Water Commissioners of the City of Saint Paul to reserve the right of the Board to maintain and operate any water facility in or upon said easement and to enter upon said easement, or any portion thereof, at any time and from time to time, for the purposes of future construction, reconstruction, inspection, maintenance or repair of the same, or any part thereof. Said ...

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