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90-1515 Return copv to: , Real Estate Dv. p R ��� ) N A G18 City Hall' � � (RM) (9-1990) Council File ,� � Green Sheet # RESOLUTION � CITY OF AINT PAUL, MINNESOTA � � Presented By `i �LG` Referred To Committee: Date` RESOLVED, that upon the petition of the Port Authority of the City of Sa nt Paul, per Finance Department File No. 9�1990, that part of Pear Street lying between the east line of West Gate Drive and the est line of Eustis Street, hereinafter described, is hereby vaca ed and discontinued as public property. The vacat d area is described as follows: All t at part of Pearl Street lying between the east ine of West Gate Drive and the west line of Eustis Street , as platted in West Gate Addition This va ation shall be subject to the following condition : 1) That t is vacation shall be. sub.ject to the terms and condit ' ons of Chapter 130, codified March 1 , 1981 of the Sa ' nt Paul Legislative Code, as amended. 2) That he petitioner, its successors, and assigns shall pay a $500.0PJ administrative fee for this vacati n which is due and payable within 60 days of the pu lication date of this resolution. 3) That he petitioner, its successors, and assigns shall emove the improvements in the vacated street and sh 11 pay all costs and expenses for this removal including but not limited to all costs and expens s for new construction, reconstruction or relocation of sewers, curbs, gutters, sidewalks, and lighti g standards as a result of this vacation at the intersection of Pearl Street at Eustis Street and at est Gate Drive, subject to the approval of the De artment of Public Works . 4) That a permanent easement be retained within the vacated area to protect the interests of Northern States Power Company Gas Division. 5) Based u on utility easment Certificates of Intended Non--Use filed voluntarily on behalf of Northwestern , Bell Te ephone Company, Northern States Power Company Electric Division, Department of Public Works , he Water Utility, Continental Cablevision, and Dis rict Energy St. Paul, Inc. and made a part hereof y this reference and filed in the office of the Cit Clerk of Saint Paul, the City for itself and � , , ��ja'/5/� ORIGIf�AL on beh lf of these corporations and departments waives the right to utility easements in the vacated area a described in the Certificates of Intended Non�Us . 6) That t e petitioner , its successors , and assigns by accept nce of the terms and conditions of this vacati n, agree to indemnify, defend, and save harmle s the City of Saint Paul, its officers, and employ es from all suits , actions, or claims of any charac er brought as a result of injuries or damage received or sustained by any person, person , or property on account of this vacation, or petiti ner ' s use of this property, including but not limite to a claim brought because of any act of omissi n, neglect, or misconduct of said petitioner or bec use of any claims or liability arising from any vi lation of any law or regulation made in accord nce with the law whether by the petitioner or any of its agents or employees . 7) That t e petitioner, its succes5ors, and assigns, shall . ithin 60 days of the publication date of this resolu ion, file with the city clerk, an acceptance in wri ing of the conditions of this resolution and shall ithin the period (s) specified in the terms and co ditions of this resolution, comply in all respec s with these terms and conditions. as N s Absent Requested by Department of: in►on osw z � on -�- Finance & Ma.na ement Services acca ee � e an � une � �G i son � By: fX, ' l�- U-�Di ector f5 tZ�.,e.. z.��.�� Adopted by Council: Date AUG 2 8 1990 Form Approved by City Attorney Adoption Certified by Cou cil Secretary By: � ` ' .��:"' ,,,�_.,e v �' By' . � �'" Appro d by Mayor for Submission to Approved b Mayor: Date - q 2 g �ggp Council By: By: llBIISNEO S t P - 81990 2