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89-868 WMITE - GTV CLERK COUIICII PINK - FINANCE GITY O AINT F�AUL ,�-�-�� CAN&RV - DEPARTMENT File BLUE - M;4�VOR (Postoffice) ��� Counc 'l Reso tion � Return copy to: Real Estate Div. (218 �-u) Presented By Referred To Committee: Date ���( �9 Out of Committee By Date WHEREAS , the Council o t e City of Saint Paul, by resolution C .F. 88-13g9 vac te land in the City of Saint Paul for the U.S . Postal Service (P titioner) described as follows : Al1 of the alley i Blocic 14, Denslow' s Rearragnement of L ts 5 , 6 , 7, 8, 9. 10 , 11 , 12 , Block 2 , Lots g, 1 , 11, 12 , 13 , 14, 15 , 16 , 17, 18, 19, 31ock 3 , a d ot 11 , Block 4 , Cruickahank' s Garden Lots, and a so all of the alley in Block 6 , Lorena Park, Saint Pa 1 , Minnesota WHEREAS , Condition num er two of this resolution requires the petitioner to pay a $50 a miniatrative fee for this vacation; and, WHEREAS , Condition num er three of this resolution requires the petitioner to grant the Ci y a 40-foot permanent sewer easement as .described in sa d esolution; and WHEREAS, no compensati n is to be paid by the City to the petitioner for this permane t ewer easement ; and , WHEREAS, the petitione r quests that condition number two of this resolution be delet d s an exchan.ge for the sewer easement to be dedicated to ' th City of Saint Paul ; and WHEREAS , Condition nu be five of this resolution requires the petitioner to accept th C ' ty' s standard indemnification for right-of-way vacations ; and WIiEREAS , the petitione r quests that in place of the City ' s standard indemnification fo v cations , that the following indemnification be used : COUNCIL MEMBERS Requested by Department of: Yeas Nays D�mond Fina & Mana emen Servic �� [n Favo Goswitz Rectman Director s�6e;n�� _ Against BY Sonnen Wilson Form Approved by Cit ttorney � Adopted by Council: Date Certified Passed by Council Secretary BY ` �/sl�� gy, Approved by Mavor: Date �1PPr by Mayor for Submi s on Cqyncil By , � • d . ���� Subject to the provi ions of the Federal Tort Claims Act , 28 U. S . 0 A. Sec . 1346(b) , the United States Postal Servic expressly agrees to save harmless and inde i y the City of Saint Paul from all claims , loss , da age , actions , causes of action, expense, a d or liability resulting from the vacation of sa ' d alley or the Postal Service ' s use of this proper y whenever such claim, loss , damage , actions , c u es of action, expenses , and/or liability arising r m the negligent or wrongful act or omission by any e ployee of the United States Postal Service, if a private person, would be liable in accordan e with the laws of the State of Minnesota. WHEREAS , the City' s V 1 ation and Assessment Engineer has reviewed and approved th indemnification proposed by the petitioner. ��� �-1 �-1� 2 WMITE - C�TV CLERK ^O�nCl� PINK - FINANCE G I TY O SA I NT PA U L `" /D� BLUERY �M,�PpqTMENT File NO. v �_�� (Postoffice) ��> Coun 'l Resolution Return copy to: Real Estate Div. (218 C.H.) Presented By Referred To Committee: Date Out of Committee By Date Saint Paul hereby amends r so ution C .F. 88-139g as follows : Condition number two o this resolution is hereby amended to read as follows : That in lieu of pa m nt of the $500 administrative fee , petitioner s al grant a 40-foot permanent sewer easement as de cribed in Condition number three . Condition number fi e f this resolution is hereby amended to read as ol ows : Subject to the pro i ions of the Federal Tort Claims Act , 28 U. S. 0 A. Sec . 1346(b) , the United States Postal Servic expressly agrees to save harmless and inde ' i y the City of Saint Paul from all claims , loss , da age , actions , causes of action, expense , d or liability resulting from the vacation of sa ' d alley or the Postal Service ' s use of this prope ty whenever such claim, loss , damage , actions , c u es of action, expenses , and/or liability arising fr m the negligent or wrongful act or omission b a y employee of the United States Postal Servic , if a private person, would be liable in accor a ce with the laws of the State of Minnesota. BE IT ALSO RESOLVED , t a in all other respects , resolution C .F. 88-1399 shall remain i ull force and effect. COUNCIL MEMBERS Requested by Department of: Yeas Nays Dimond Financ & Mana eme S rvic �ng [n Fav r —� Rettman � B D ire c tor �he1�� _ Agains Y �, ` Sonnen ���J Wilson V MAY 1 8 t989 Form Appro d City Attor ey Adopted by Council: Date Certified a sed by Council Secretary BY C � � sy t�ppro by iNavor. a � �Y 2 � Appro by Mayor for Submi ' n t �Coun ' 8 PUBtl�iED J U N - 319 9_ � � ���� DEPARTMENT/OFFI�JCOUNqL DATE INIT D Finance & Management Serv�.ces 5/5/8 GREEN SHEET Na 3 5 7 9� CONTACf PER80N 8 PHONE DEPARTMENT DIRECTOR �CITV COUNqL Dick McCann 298-5317 �� �y��� �CRY CI.ERK MUST BE ON COUNpL A(iENDA BY(DAT� iWUTINO BUDOET DIRECTOR �FlN.d MOT.SERVICES DIR. Normal Scheduling MAVOR(OR A881ST ❑ TOTAL#►OF 8K�NATURE PAGES 2 (CLIP AL L TIONS FOR 81GNATUR� ACIION REf�UES'TED: Approve resolution authorizing amendme ts o resolution 88-1399 which vacated the aliey in Block 14 Denslow's Rearrangement an B ck 6, Lorena Park which is bounded by Reaney, Etna, Minnehaha and Birmingham. REOOMMENDATION8:Appow W a Rs�Ct(F� COUNCI CREFIRESFARCH I�PORT OPTIONAL _PLANNINCi COMM18810N _CIVIL SERVICE COMMMBSION �ALYBT PHONE NO. RECEIVED _qB COMMITTEE _ ��� _ COAAME : —��«,� — M AY - 8 �°89 DEPqRTINF THF DIRECTpR surPOars w�oouNa�oarEC�mrE� Ro$ OFFICE AND MANAG Nr�F F�NANCE �NmnnNO�M,issue.oP�TUNmr�wi+o.wnae,wne�,wnsre,wn�: $ The U. S. Postal Service (Petitioner) ha r quested that the Council delete the $500.00 Administrative Cost as an exchange for a ewer easement at no charge to the City. Also, the petitioner requested substituting he Federal Government's indemnification in place of the City's standard indemnification he Valuation Engineer has reviewed and accepted the petitioner's form of indemnificati n. ADVANTA�ES IF APPF�VED: This is an amendment to resolution 88-1399 which vacated land to be used for the c ns ruction of a new post office. as�v,arrnaes iF�wr�u: Unknown. DI8JIDVANTA(iES IF t�T APPROVED: Unknown. Courc�� ReSearch Center (�IAY 0 9 i°89 TOTAL AMOUNT OF TRAN�ACTION � C08T/REVENUE StIDGETED(CIRCLE ON� YE8 NO FUNDING SOURCE ACTIVITY NUMBER FlNANqAL INFORMATION:(EXPWN)