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90-941 RetuYn copy to: o'R i G I N A L , Real Estate Division � ' 1 2 1 8 City Ha l l ` � , Council File � - � � ^� i (RM) (18-1987) ti ' Green Sheet #` RESO TION CITY O SAINT PAUL, MINNESOTA . � , Presented By Referred T Committee: Date RESOLVED, that upon the petition of the Port Authority of the City of Saint Paul, per Finance Department File No. 18-1987, those parts of Blair Avenue , Park Street , Arch Street and part of Lots 4, 5, 6, and 7, Block 2, Fletcher ' s Subdivision and bounded by Rice, Pennsylvania, and Park Street , hereinafter described are hereby vacated and discontinued as public property. The vacated area is described as follows: Parcel No. 1 All that part of Arch Street lying between the east line of Block 2 extended southerly and the east line of Lot 1 extended southerly of said Block 2 , Fletcher ' s Subdivision of Brewster ' s Addition to the City of Saint Paul Parcel No. 2 All that part of the west 10 feet of Park Street lying between the south line of Blair Avenue and the south line of Arch Street , Fletcher ' s Subdivision of Brewster ' s Addition to the City of Saint Paul Parcel No. 3 All that part of Blair Avenue (formerly Pennsylvania Avenue) lying between Rice Street and a line 10 feet east of and parallel to the east line of Block 2, (extended northerly) in Fletcher 's Subdivision of Brewster ' s Addition to the City of Saint Paul Parcel No. 4 All that part of the west 58 feet of Lots 5, 6 , and 7 and that part of Lot 4 bounded by the following described line: Commencing at the Northwest corner of said Lot 4; thence south along the west line of Lot 4 a distance of 18 feet; thence northeasterly to a point on the north line of Lot 4, 18 feet east of the Northwest corner of Lot 4; thence west along the north line of said Lot 4 to the point of beginning, Block 2, Fletcher 's Subdivision of Brewster ' s Addition to the City of Saint Paul . ORIGIN� L � a � Council File # -� Green Sheet # RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Committee: Date 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 1, 1981 , of the Saint Paul Legislative Code, as amended. 2) That the petitioner , its successors , and assigns shall pay the city a $5410. 0A administrative fee for this vacation which is due and payable within 60 days of the publication date of this resolution. 3) That a permanent utility easement be retained within the vacated area of Park Street to protect the interests of District Energy St. Paul , Inc. 4) That a permanent utility easement be retained within the vacated areas to protect the interests of Northern States - Power Company. 5) That a permanent utility easement be retained within the vacated areas to protect the interest of U. S. West. 6) That a permanent utility easement. be retained in the vacated areas of Arch .Street and Blair Avenue on behalf of the City of Saint Paul , Department of Public Works subject to the following restrictions: a. No buildings, structures , or� trees are permitted within the easement area nor any temporary structure, material storage, fixture or other objects that will prohibit normal access to sewer facilities for maintenance purposes . b. No change from the existing grade is permitted without written permission from the Director of the Department of Public Works . c. No change in surfacing within the easement area is permitted without written permission from the Director of the Department of Public Works. d. That the petitioner , its successors , and assigns shall indemnify, defend, and save harmless the City of Saint Paul , its officers , agents , employees , and servants from all suits, actions, or claims which shall arise from any injuries or damages received or sustained by any break in any service pipe, or connection in said reserved easement , arising out of or resulting from any action or negligence of the petitioner , its employees , agents , or business invitees. � CRIGINAL � � � 1 � A � counci� File ,� QG -�1 y� Green Sheet # RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By - � ' Referred To Committee: Date 7) That a permanent utility easement be retained within the vacated area of Park Street on behalf of the. City of Saint Paul , Department of Public Works , subject to the following restrictions: a. No buildings, structures , or trees are permitted within the easement area nor any temporary structure, material storage, fixture, or other objects that will prohibit normal access to lighting facilities for maintenance purposes . b. No change from the existing grade is permitted without written permission from the Director of the Department of Public Works . c. No change in surfacing within the easement area is permitted without written permission from the Director of the Department of Public Works. d. That the petitioner , its successors, and assigns. shall indemnify, defend, and save harmless the City of Saint Paul, its officers , agents, employees, and servants from all suits, actions, or claims which shall arise from any injuries or damages received or sustained by any break in any lighting facilities, or connection in said reserved easement, arising out of or resulting from any action or negligence of the petitioner , its employees, agents , or business invitees. 8) 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 or because of any claims or liability arising from any violation of any law or regulation made in � R�IGINA� � � � , � � � � �- �o���� accordance with the law whether by the petitioner or any of its agents or employees. 9) That the petitioner , its successors, and assigns, shall within 6� days of the publication date of this resolution, file with the city clerk, an acceptance in writing of the conditions 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 . Y� . Navs Absent Requested by Department of: oswi z �- on � Finance & a ement Serv' es acca ee �_ e man une -� i son �- By: D' ctor (� �`-y_> Adopted by Council: Date ��UN 5 1990 Form Appro�i+ed by ity Attorney „� / / j � Adoption Certified by Council Secretary By: �/ .����-- ��� _ By' Approved by Mayor for Submission to Approved Mayor: Date, ��� 6 1990 Council /�-'/� ��nk���i'� g ���// By' Y� PUBUSHED J UN 16 1990 4