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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. � RiGI � � L � � � . . . . ;��Q_���� 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 . 2 0 R I G I ��� ��y �. � � � � � � � �;,--��--,��� 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. 3 ORI ��l �! � �. - , , .�� ���� � 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 �— _ l,, r��,"1 � 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