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90-2087 Return copy to: Q R I G f �� r/ Real Estat,e Division �� , Council File # �� Od 218 City Hall (RM) (17-1990) Green Sheet � ,_^�� RESOLUTION - � CITY OF SAINT PAUL, MINNESOTA , �; Presented By - Referred To Committee: Date RESOLVED, that upon the petition of the Port Authority of the City of Saint Paul, per Finance File No. 17--1990, that the utility easements located in Lots 3 and 4 , Block l, Energy Park West , hereinafter ,described, are hereby vacated and discontinued as public property. The vaCated area are described as follows : ' PARCEL N0. 1 A 5�--foot Utility Easement on, under and across Lots 3 and 4, Block l, Energy Park West, the center line of wlhich begins on the North line of said Lot 4 dist'ant 189. 8 feet Easterly of the Northwest corner of �aid Lot 4 and ends on the South line of said Lot 3 dilstant 23. 91 feet Westerly of the Southeast corn'er of said Lot 3, except that part thereof which lies within lines 15 feet, as measured at right angles to, either side of the common lot line bet�aeen said Lots 3 and 4, all of which lies Northerly of the Southerly 50. 4! foot of said Lots 3 and 4. PARCEL N0. 2 That part of the 30 ' foot Utility Easement which lies within lines 15 feet , as measured at right angl,'�es to, either side of the common lot line betwleen Lots 3 and 4 , Block 1 , Energy Park West and also lies Northerly of the Southerly 50. 0 feet of said Lots 3 and 4 . This vacation shall be subject to the following conditions: 1 . That this vacation shall be subject to the terms and conditions of Chapter 13PJ, codified March 1 , 1981 of the Saint Paul Legislative Code. 2. That the petitioner, its successors, and assigns shall pay a $500. H0 administrative fee for this vacation which is due and payable within 6P! days of the publication date of this resolution. 3. That the petitioner , its successors , and assigns shall dedicate to the City, a new utility easement, in a form and manner to be approved by the City Attorney. ' Said easement is described as follows: 0R1GIN� L �9d ���� Utility easement over , under and across that part of Lots 3 and 4, Block 1, Energy Park West , which lies within the following described lines: Commmencing at the Northwest corner of said Lot , 3; thence South 82 degrees 34 minutes 59 seconds ', East (assumed bearing) along the North line of ' said Lot 3 a distance of 98. 48 feet to the point of beginning of the lines to be herein described; thence continuing South 82 degrees 34 minutes 59 seconds East along the North line of said Lots 3 and 4 a distance of 591. 58 feet; thence South 7 degrees 25 minutes 01 second West 60. 0 feet; thence North 82 degrees 34 minutes 59 seconds West parallel to the North line of said Lots 3 and 4 a distance of 537 . 58 feet to a point 54 feet from, as measured at right angles to, the East line of the West 98. 48 feet of said Lot 3; thence South 7 degrees 25 minutes 01 ' second West parallel to the West line of said ILot 3 a distance of 348 . 63 feet to a point on the North line of an existing 50 foot utility easement; thence North 83 degrees 47 minutes 17 seconds West along said North line 54 . 01 feet to the East line of the West 98 . 48 feet of said Lot 3; thence North 7 degrees 25 minutes 01 second East along said East line ' 409. 76 feet to the point of beginning. 4. Based upon utility easement Certificates of Intended Non--Use filed voluntarily on behalf of U. S. West, Northern States Power Company, Department of Public Works, the Water Utility, Continental Cablevision, , and District Energy St. Paul , Inc. and made a part hereof by this reference and filed in the office of the City Clerk of Saint Paul , the City for itself, and on behalf of these corporations and departments waive the right to utility easements in the vacated area as described in the Certificates of Intended Non--Use and also described as follows : i A 5�J-foot Utility Easement on, under and across Lots 3 and 4 , Block 1, Energy Park West, the center line of which begins on the North line of said Lot 4 distant 189. 8 feet Easterly of the Northwest corner of said Lot 4 and ends on the South line of I said Lot 3 distant 23. 91 feet Westerly of the Southeast corner of said Lot 3, except 2 ORI�GIN,AL � � � �y° ��°�� that part thereof which lies within lines 15 feet, as measured at right angles to, ; either side of the common lot line between said Lots 3 and 4 , all of which lies Northerly of the Southerly 5P1 . � foot of said Lots 3 and 4; and also, That part of the 30 ' foot Utility Easement which lies within lines 15 feet, as measured at right angles to, either side of the common lot line between Lots 3 and 4 , Block 1 , Energy Park West and also lies Northerly of the Southerly 50. 0 feet of said Lots 3 and 4. 5. iThat 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 icharacter 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 bmission, neglect, or misconduct of said petitioner br because of any claims or liability arising from any violation of any law or regulation made in �I �I i � -� R�I Gi � � �, � � ��y��a°�7 accordance with the law whether by the petitioner or any of its agents or employees. 6. � That the petitioner , its succcessors, and assigns , 'Ishall within 60 days of the publication date of �this Ilresolution, file with the City clerk, an acceptance Iin 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. , � ea Navs Absent Requested by Department of: on osw z o�_ '"�"� Finance & Management Services 1�Iscca�ee �" e m n ��_ , (� s�son "'�'— By� C�-� �rector n /s''7 Adopted by Council: D�te NOV 2 7 1990 Form App�oved by City Attorne � � Adoptio Certified by Council Secretary By: ���;�� / ` C"> 7 �- � �---- l��� �`tC� By° Approved by Mayor for Submission to � ,� ���Runcil r Approved by Mayors Date j/��/� ;!;�°<3 `� U / ( �/� � '� By: �G�i��� By: / �/"C' �� � � ' ''� PUBIlSHED ��.C � 1990