90-1969 U " - � � � � Ke-turn copy to: ' , . .
` 218 City Hall (! �� Council File �` ��l�(P
Real Estate Division �
(RM) (5-1990) Green Sheet � f17a<
RESOLUTION
OF SAINT PAUL, MINNESOTA
Presented By �
,- ! ' J
Referred To �� , Committee: Date
RESOLVED, that upon the petition of the State of Minnesota , per
Finance Department File No. 5�199�1, those parts of Columbus Avenue
and Wabasha Street , hereinafter described, are hereby vacated and
discontinued as public property.
The vacated areas are described as follows:
Waba�ha Street from Columbus Avenue to Twelfth Street
Columbus Avenue from the southwesterly line of Wabasha
to Cedar Street.
This vacation shall be subject to the follow�ing 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 of Saint Paul a $50� administrative fee
for this vacation which is due and payable within 6�
days of the publication date of this resolution.
3. That the petitioner , its successors, and assigns shall
pay all costs and expenses for the removal of all
existing street signs and parking meters within the
vacated area.
4. That the petitioner , its successors, and assigns shall
pay all costs and expenses for the disconnection of
the City--owned street light standards from the City' s
circuit and shall pay all cost for the reconnection of
these light standards to the state ' s electric circuit
and shall also assume all responsibility for the
', operation and maintenance of these light standards so
I long as they are needed for street lighting.
5. That the petitioner shall pay all costs and expenses
for the removal of the street lighting standards
within the vacated area if they are no longer needed �
far street lighting and shall also pay all costs and
expenses for the delivery of the salvaged light
standards to the City' s Department of Public Works '
storage yard.
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6. That permanent water utility easements be retained on
behalf of the City of Saint Paul, Board of Water
Commissioners within the southwesterly half of vacated
Wabasha Street between the northwesterly line of
Columbus Avenue and the northwesterly line of Twelfth
Street; the northeasterly half of vacated Wabasha
Street lying between the centerline of Columbus
Avenue, and a line 20 feet southeasterly of and
parallel to southeasterly line of Columbus Avenue and
also the southeasterly half of vacated Columbus Avenue
lying between the northeasterly line of Wabasha Street
and the southwesterly line of Cedar Street. These
easements shall be subject to the following
conditions:
a. 1Vo 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 water
facilities for znaintenance purposes .
b. No change from the existing grade is permitted
without written permission from the Water Utility.
c. iVo change in surfacing within the easement area is
permitted without written permission frotn the Water
Utility.
d. That the petitioner , its successors , and assigns
shall fully indemnify, defend and save harmless
the Board of Water Commissioners, 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, water main, or
connection in said reserved easement out of or
resulting from any action or negligence of the
petitioner, its employees, agents, or business
invitees.
7. That a permanent sewer easement be retained on behalf
of the City of Saint Paul , Department of Public Works
within the vacated area of Wabasha Sreet. This
easement shall be subject to the following conditions:
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 �naintenance purposes .
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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, water main , 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 a permanent transit easement be retained on
behalf of the City of Saint Paul, Department of Planning
and Economic Development , 60--feet wide and centered
along the center line of vacated Columbus Avenue.
9 . That a permanent easement be retained within the
vacated areas of Wabasha Street and Columbus Avenue to
protect the interests of U. S . West.
1�1. That the petitioner, its successors, and assigns
hereby agree to indemnify, defend, and save harmless
to the extent permitted by law, the City of Saint Paul ,
its officers , and employees , against 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 accordance with the law whether by the
petitioner or any of its agents or employees.
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11 . That the petitioner , its successors, and assigns,
shall within 6H 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 .
�o Yeas Navs Absent Requested by Department of:
osw z —
on � Finance & Management Services
acca ee
et ma �`
zuson T� By: � Di ctor
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�
Adopted by Council: D��ate
N�V f 3 �ggp Form Approved by City Attorney
Adoption rtifie�d by �Council Secretary By: ����,,�'�j, C=4�^ � —
� ��% =/� �t�
By° Approved b Mayor for Submission to
'� J��nNOV 1 3 19��ouncil �
Approved by Mayor: Date /, /,;
t— ' � / gy. �/,���
By: � ���� '
PIIBIISHEO (�0 V 17 1990 4