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90-749 . Re.L'urn copy to: C �! G � i�A.L " `Real�Estate Division ' 218 City Hall Council File #` - (RM) (3-1990) Green Sheet ,� �� RESOLUTION �`� CITY OF SAINT PAUL, MINNESOTA ��51 Presented By � Referred To Committee: Date v7i f RESOLVED, that upon the petition of Jesco, Inc. per Finance Department File No. 3-199A, that part of � McAfee Street lying between Brenner Addition No. 2 and Topic Lane, hereinafter described, be and the same, is hereby vacated and discontinued as public property. The vacated area is described as follows: All that part of McAfee Street lying southerly of the southwesterly extension of the northwesterly line of Lot 2, Block 5 and northerly of a line drawn from the southwest corner of Lot 8 , Block 5 to the southeast corner of lot 6, Block 6, all in Maymes Addition The vacation shall be subject to the following conditions: 1 . That this vacation shall be subject to the terms and . conditions of Chapter 130, codified March l, 1981, of the Saint Paul Legislative Code, as amended. 2 . That the petitioner , its successors, and assigns shall . pay a $5�0. 00 administrative fee for this vacation which is due and payable within 60 days of the J publication date of this resolution. � 3. That the petitioner , its successors , and assigns shall�, at its own cost and expense,�lr-eg�at- the land it intends to develop which adjoins the/vacated area and is described as follows: 6r�ceive Final P1at approval for Lots 11-16 , Block 3 , Lots 2-10, Block 5 and Lots 1-6, Block 6, Maymes Addition. Also that part of vacated Hyacinth Avenue adjoining said lot 1 , Block 6 and said Lot 16, Block 3 , Maymes Addition 4 . That the petitioner , its successors, and assigns shall pay all costs and expenses associated with the development of the proposed plat including but not limited to the improvement of McAfee Street. with cul- de-sac, paving , curbing, and the necessary storm sewer drainage facilitiesy and storm water ponding facilities subject to the approval of the Department of Public Works. ��O� ��INAL � . � � �o- ��� 5. That the petitioner , its successors , and assigns, by acceptance of the terms and conditions of this vacation agree to indemnify, defend, and save harmless the City of Saint Paul, its officers, and employees from all suits , actions , or claims of any character brought as a result of injuries or damages received or sustained by any person, persons , or property on account of this vacation or petitioner 's use of this property, including but not limited to a claim brought because of any act of omission, neglect, or misconduct of said petitioner because of any claim or liability arising from any violation of any law or regulation made in accordance with the law whether by the petitioner or any of its agents or employees. 6. That the petitioner , its successors, and assigns , shall within 60 days of the publication date of this resolution, file with the City Clerk an acceptance in writing of the condition of this resolution and shall within the period (s) specified in the terms and conditions of this resolution, comply in all respects with these terms and conditions . e s Navs Absent Requested by Department of: s,mon osw on �— acca "�' e man �— une �— i son � By: Director —� '��` � g �ggp Form Appr ed b City torney � � � Adopted by Council: Date MAY % � Adoption rtified by Council Secretary By: � n � �d By� Approved by Mayor for Submission to Approved b Mayor: Date MAY 9 1990 Council , /� -����/, By: !!�c�/.��2�2'/� By: �i16tiSNEa M AY 19 1�90