89-1188 WMITE �, - C�TV CIERK
PINK � - FINA?/CE G I TY O F I NT PA U L Council ry
GANARV - DEPARTMENT //
�OLUE - MAVOR �lI@ NO. v � '� _
Return copy to: uncil esolution � -� ��
1�ea1 Estate Divisio}� — Rm. 2
(N1WCC) (RM) � --�� I ...�� '� `
�;
Presented By �` Z'' - `�
Referr d To Committee: �ate
Out o Committee By Date
WHEREAS , the Council of the City of � Saint Paul , by
resolution C .F. 88-733 app oved May 13 , 1988i authorized the
conveyance of a 30-foot perp t 1 sewer easement , and an 80-foot
temporary construction easem n to the Metropol�tan Waste Control
Commission described as foll w :
PERPETUAI, AND TEMP R RY CONSTRUCTION EASEMENT
A 30-foot perpetual eas m nt and an 8�0-foot temporary
construction easement that egin on the Ea;st line of said
southwest quarter and are ce tered on the following deacribed
line : '
Beginning at a point n aid East line that is North
00 degrees 11 minutes 36 seconds East of and 1205 . 21
feet distant from the so theast corner of said
northeast quarter;
thence South 64 degre s 0 minutes 12 seconds West ,
282 . 58 feet;
thence South 48 degre s 55 minutes 51 se�onds West ,
236 • 44 feet;
thence South 41 degre s 04 minutes 14 se�onds West ,
293 • 96 feet more or l s to a point on a line that is
65 feet East of and p r llel to the centerline of
Arundel Street ;
thence South 0 degree 1 minutes 36 seconds East
380• 58 feet along said arallel line to the point of
beginning of a 70-foot emporary construction
easement ( continuing sa d 30-foot permanent easement )
centered on the cont ' nu ng line ;
COUNCIL MEMBERS
Yeas Nays Requested by Department of:
n�mond Fina & Man ement S
Lo� [n Fav r � ,�t.
Goswitz i ^' �
Rettroao g 'rector '
Sc6eibel A gai n Y
Sonnen i
Wilson '
I
Form Appro d Att ney
Adopted by Council: Date
Certified Passed by Council Secretary BY � �� �
gy,
Approved by Mavor: Date App d by Mayq�r for Su i s' n to"�'tiancil
I
By
. ��ii��
� DEPARTMENTlaFFlCFJCOUNqL OATE INITIATED GREEN SHEE� No. 3 f����
Finance & Mana ement Services 6/14/$9
CONTACT PER80N 8 PNONE PARTMENT DIRECTOR �GTY COUNCIL
Dick McCann 298�5317 ��� ���y ��y�
MU8T BE ON COUNqI ROENDA BY(DAT� ROU71N0 DOET DIRECTOR �FlN.3 MOT.SERVICEB DIR.
normal schedule �vo��o�,►ss�sT �
TOTAL�OF 8KaNATURE PAGES (CLIP ALL L A ONS FOR SIGNATURE�
ACT10N REQUEHTED:
Approve resolution authorizing pr per City officials o
execute a corrective easement o he MWCC for sewer p rposes
in Willow Reserve Park.
F�COMMENDAT10N8:Aqxow(Iq a R�Ct(F� CQ{J RCH REPORT
_PLANNINO COMMI8810N _CML SERVICE COMM18810N ��� PNONE 1�.
_ae�� _ ° 9
x sTnFF — .
SUPPORTS WNICN OOUNGI OBJECi1VE7 �'i�AI�� �S ����E � �� 1 J 1,)p n
oFF,��o �oy
iNmnnNa�aoe�,issu�,o�oRruNm�w�w,wnu.wiw�.wn.�..wny�: ANp�A ��fF T OF I���r�R
Original easement contai s n error in the, 1 ga M��c$����
as outlined in the attac ed resolution. ES
ADVANTAOEB IF APPROVED:
Amended easement will r fl t the proper descr ption for
recording purposes.
DIBADVANTAOE8 IF APPROVEO:
DIBADVANTAOE8 IF NOT APPROVED:
Error in the property es ription will cause a d��cil Research C�n��r
in the title to the pr pe ty.
JUN N � 'i��9
TOTA1.AMOUNT OF TRANSACTION = None C08T/REVENUE BU (GRCLE ON� YES NO N�A
FUNDINO SOURCE N�A ACTIVITY NUMBER IA
FlNANpl1L INFORMATION:(EXPWI�
NOTE: COMPLETE DIRECTIONS ARE INCLUDED IN THE OREEN SHEET INSTRUCTIONAL
MANUAL AVAILABLE IN THE PURCHASING OFFICE(PHONE NO.298-4225).
. ROUTING ORDER:
Below are preferred routings for the five most frequent types of dxumenta:
CONTRACTS (aesumes authorized COUNGI RESOLUTION (Amend, Bdgt�./
budget exists) Accept.Orants)
1. Outside Agency 1. Department Director
2. Initiating DepartmeM 2. Budget Director
3. City Attomey 3. City Attomey
4. Mayor 4. MayoNAssistant
5. Finance�Mgmt Svca. Director 5. City CouncU
6. Finance Axounting 6. Chief AxountaM, Fin&Mgmt Svcs.
ADMINISTRATIVE ORDER (Budget COUNCIL RESOLUTION (all others)
Revision) and ORDINANCE
1. Activity Manager 1. Initiating Department Director
2. DepartmeM ACCOUMent 2. Gty AttOrney
3. Department Director 3. MayoNAssistent
4. Budget Director 4. City Council
5. City Clerk
6. Chief Axountant, Fin&Mgmt Svcs.
ADMINISTRATIVE ORDERS (all others)
1. Initiating Department
2. City Attomey
3. MayoNAssistant
4. City Clerk
TOTAL NUMBER OF SI(iNATURE PAGES
Indicate the#of pages on which signatures are requlred and paperclip
each of these pages.
ACTION REQUE3TED
Describe what the projecUrequest seeka to aa:omplfah in either chronologi-
cal order or order of importance,whichever ia most epprop�iate for ths
fssue. Do not write complete sentences. Begin�ch item in your Hst with
a verb.
RECOMMENDATIONS
Complete if the iss�e in question has been preaeMed before any body, public
or private.
SUPPORTS WHICH COUNCIL OBJECTIVE?
Indicate wh�h Council objecttve(s)your project/request supports by listing
the key word(s)(HOUSIN(3, RECREATION, NEIGHBORHOODS, ECONOMIC DEVELOPMENT,
BUDGET, SEWER SEPARATION).(SEE COMPLETE LIST IN INSTRUCTIONAL MANUAL.)
COUNCIL COMMITTEEIRESEARCH REPORT-OPTIONAL AS REQUESTED BY COUNCIL
INITIATING PROBLEM, ISSUE, OPPORTUNITY
Explain the situetion or condkions that created a need for your project
or request.
ADVANTAGES IF APPROVED
Ind�ate whether this is slmply an annual bud�t procedure required by law/
charter or whether there are speciflc wa In which the Ciry of Saint Paul
and its citizens witl beneNt from this pro��t/action.
DISADVANTAGES IF APPROVED
What negative effects or major changes to existing or past prxesses might
this project/request produce if it is passed(e.g.,traific delays, noise,
tax increases or assessments)?To Whom?When?For how IongT
DISADVANTA(iES IF NOT APP.�iOVED
What will,be the negative consequences if the promised action is not
approved? Inability to deli�er servlce? Continued high traffic, noise,
accident rete?Loss of revenue?
FlNANCIAL IMPACT
Although you must tailor the information you provide here to the iasue you
are addressing, in general you must answer two questions: How much is it
going to cost?Who is going to pay?
` . ' '� '. �/!yv��/%/ (/
(�� O
thence South 14 degrees 2 minutes 24 seconds West ,
146 . 00 feet more or les o a point on a line that is
28 feet East of a paral e to the centerline of
Arundel Street and the o ' nt of beginning of a 50-foot
temporary construction a ement ( continuing said 30-
foot permanent easement) entered on the continuing
line ;
thence south 0 degrees 11 minutes 36 seconds
East , g1 . 00 feet along sa d parallel line to the point
of beginning of a 45-f ot permanent easement that is
25 feet right and 20 f et left of a 75-foat
construction easement ha is 40 feet right of and 35
feet left of the conti ui g line.
thence South 8g degree minutes 24 seconds West ,
28• 00 feet to the term n tion of the easements at a
point on the centerlin f Arundel Street that is 100
feet North of the Sout ine of said southwest quarter
of Section 24 .
The exterior lines of ea ements shall be prolonged or
shortened to their in er ection at changes of
direction or to their in ersection with described
property lines and sh ll terminate or begin at a right
angle to the easement ce terline or reference line
where there is a chan e 'n easement width but no
change in the bearing of an easement . At the point of
beginning of a change i width of permanent or
construction easement revious permanent or
construction easement e all terminate.
Temporary constructio asements shall not include any
properties within 15 e t of the centerline of any
active railroad track.
WHEREAS , the description in the first paragraph of the
centerline of the Perpetu 1 nd Temporary Construction Eaaement
has been determined to be " nc rrect .
THEREFORE BE IT RESOL ED that the description in the first
paragraph of the above men io ed centerline ot' the easement shall
be amended to read as foll ws :
c.�C Y� '
��
2
WMITE �- CITV CLERK COI�I1C11 ///j(�/
PINK ' =FiNIlNCE GITY OF A NT PAUL � 7
r�.IARY - DEPARTMENT File NO. " • //� �
61UE - MAVOR
RealrEstate Division — Rm. 218 Council solution
(MWCC) (RM)
Presented By
Referred To Committee: Date
Out of Committee By D�te
�
"Beginning at a point on said East line �hat is
North 00 degreea 11 m nu ea 36 seconds E st of and
1205 • 21 feet distant ro the southeast �orner of
said southwest quarte ; " '
BE IT FUR`PHER RESOLVED, h t the Council of! the City of
Saint Paul, hereby authorizes t e proper City Of�ficials to
egecute an Eaeement Modificat ' o Agreement to co�vey a corrected
easement to the Metropolitan a te Control Commilseion; and
BE IT FURTHER RESOLVED, th t in all other �espects ,
resolution C .F. 88-733 shall re ain in full forc�e and effect.
I
i
COUNCIL MEMBERS Requested by Depattment of:
Yeas Nays
��nd � In Fav r Fina & Man ' ement Ser 'ces L
Goswitz � G'
Re�� � g � 1reCtOY'
Scheibel A gai n s Y
Sonnen
Wilson
JUL 6 Form Approved it Att ney
Adopted by Council: Date r�;l��%� �
Certified Yass by uncil Se tar By
sy
Appro y 1rlavor. D t "�-° � — 7 Appro d Mayor for Su n�ta C'ouncil
pUg��D J U� 151989
. _ �G�//��
�F THE COUNCIL' O T E CITY OF SAINT PAUL, 1988 393
iial head of the City of Saint Paul,g �pproved May 1 , 19 8.
�presenting various educational,cultu (May 21, 1988)
! i
�
[ayor of the City of Saint Paul to pres
'ity of Saint Paul and on behalf of the C' ��uncil File No. 88- 1 By James Scheibel— ,
RESOLVED, T t t e proper City officers are �uthorized and directed to
enhance the appearance of the City ' �.�ecute, on behalf o th City of Saint Paul, an Agr�ement between the City of
�nd 5�liut Paul and the ity f Minneapolis whereby thelCity of Saint Paul and the
�te stronger ties between the City of Sai �ity of Minneapoli agr e to cooperate in the partic pation with the Twin City
reased tourism to the City of Saint Pau .ai•ea Urban Corps p ogr m,and whereby the four pa e Agreement is made a part
l jobs for the City of Saint Paul and t :;ereof by reference nd s on file in the office of the City Clerk.
�tion of the assets of this locality, all o Adopted by the Cou cil May 12, 1988. ;
:ity and its citizens as a whole; and �pproved May 3, 1 88.
cist greatly in maintaining respect,, � (May 21, 1988)
�n the various governments, institutions,�
mitaries and the City of Saint Paul, and.
>between such parties or the resolution oP�.` ��uncil File No. 8 i32 By James Scheibel—
RESOLVED, at he proper City officers are authorized and directed to
ood will which may serve the City and its �tiecute, on behalf f t City of Saint Paul, an Agreement between the City and
vith those who are represented by such •�lt County of Ra sey whereby the City and County agree to cooperate in the
uarticipation with the win City Area Urban Corps program, and whereby the
•aditional with visiting groups; and County will appro ria $4,719.00(Four Thousand,$even Hundred and Nineteen
rves to foster good �vili a�id awareness Dollars) atid the ity will appropriate $89,654.00�(Eighty-nine Thousaiid, Six
Hundred and Fif -fo r poilars) to the administt�ation of this program all in
ls that such expenditures will sei•ve as a accoi•dance«�ith t e a pted Budget of the City of�aint Paul as approved by the
>f Saint Paul as a body and are directly City Council. i
and Adopted by tl e C ncil May 12, 1988.
�uncil of the City of Saint Paul autliorizes Approved Ma • 13, 1988. �
, each individual gift not to esceed an (May 21, 1988) i
given at the discretion of the Mayor.
{8.
Council File I�cs: 7 —BY Janice Rettman— �
i
'1, 1988) WHEREAS, e etropolitan Waste Control !Commission (MWCC) requires
� permanent and t mp rary sewer easements over V�/illow Reserve Park located in
the City of Saint Pa which are described as follpws:
TB49
— ` PROPERTY DE CR PTION
y officials are hereby authorized and Lots 22 to 30 i clus ve, T. B. Somer's Second �ddition to St. Paul, Ramsey
granting $2,000 to the DISTRICT 14 County, Minnes ta.
se of staging a community festival; to be TEMPORARY ON TRUCTION EASEMENT
in accordance with Council approved ,a temporary c nst ction easement over that part of previously described
of said Agreement to be kept oii file and property that 1' s n rthwesterly of a line betwgen a point on the East line of
and Management Services. Virginia Street hat is 20 feet South of the inte�section of the south line of Ivy
'8• Avenue with s d E st line and a point 90 feet ast of said intersection on said
South line of I A enue.
'1, 1988) The exterior 1 nes of easements shall be prplonged or shortened to their
intersection at cha ges of direction or to their intersection with described
property lines nd shall terminate or begin at a right angle to the easement
centerline or r fer ce line where there is a change in easement width but no
— change in the ear' g of an easement. At the point of beginning of a change in
y officials are hereby authorized and width of pe a nt or construction easements previous permanent or
ng$2,000 to the MIDWAY COALITION— construction e sem nt shall terminate.
the Horton Park Festival;to be held June Temporary co tru tion easements shall not inctude any properties within 15 feet
Nith Council approved guidelines dated of the centerli e o any active railroad track.
�nt to be kept on file and of record in the
it Services. Temporary co str tion easements to expire on or before May 15, 1989.
,8 TB54
,,,
�.
�� � k� ��i���
� � 394 PROCEEDINGS OF THE COUN IL OF THE CITY OF SA
;
= PROPERTY DESCRIPTION and conditions as set forth in the docun
The North 390 feet of the west I/s of Lot 41,subject to a orti n taken for a street Easements Crossing Portions of Willow Re
� and subject to an easement for constructing and maintai ing public sewer,all in parties that the terms and conditions of th�
Cottage Homes;and the west �/s of Lot 28,subject to the ailr ad right of way,and j Adopted b}• the Council May 12, 1988.
subject to an easement for constructing and maintai ing public sewer, and i Appro��ed I�ia}• 13, 1988.
excepting therefrom all that part of Lot 28 lying north f t right of way of the (May 21, ]
Northern Pacific Railway Company, all in Cottage Ho es ddition to St. Paul. i
PERPETUAL AND TEMPORARY CONSTRUCTION AS MENT
A 30-foot perpetual easement and an 80-foot tempora y c struction easement �Council File No. 88-734 — B�• Roger J. Gos
that begin on the East line of said southwest quarte an are centered on the WHEREAS, The Cit�• desires to use M
following described line: Force traffic signal �•ork done in conjunc
Beginning at a point on said East line that is Nort 00 egrees 11 minutes 36 Kellogg Boulevard project.
seconds East of and 1205.21 feet distant from th sou heast corner of said WHEREAS,The State has already aw•a�
���''�� on the Trunk Highw•a�• 3�E — Kellogg
� thence South 64 degrees 00 minutes 12 seconds We t, 2 .58 feet; ; processing and approval of the City Force
r thence South 48 degrees 55 minutes 51 seconds We t, 2 .44 feet; ' State Aid rule 8820.2800, subp. 2.
thence South 41 degrees 04 minutes 14 seconds West 293 6 feet more or less to � RESOLVED,That the proper City offic
a point on a line that is 65 feet East of and parallel t the enterline of Arundel i ; variance to Municipal State Aid rule 8820.:
• Street; � ; Adopted b�• the Council blay 12, 1988.
' thence South 0 degrees 11 minutes 36 seconds E st, 80.58 feet along said Approved May 13, 1988.
parallel line to the point of beginning of a 70-fo t te porary construction (May 21, ]
easement (continuing said 30-foot permanent e se nt) centered on the !
�, continuing line;
? thence South 14 degrees 29 minutes 24 seconds Wes ,14 00 feet more or less to � Council File No. 88-i 36— B�• Bob Long—
' a point on a line that is 28 feet East of and parallel th centerline of Arunde] RESOLVED,That upon execution and i
Street and the point of beginning of a 50-fo te porary construction of Saint Paul,the propei•City officers are Y
easement (continuing said 30-foot permanent se ent) centered on the out of the Tort Liability Fund 09070-511-00(
, continuing line; in full settlement of her claim for damages
' thence South 0 degrees 11 minutes 36 seconds ast, 91.00 feet along said of a falldown at or near 243 Bates Avenue,
parallel line to the point of beginning of a 45-foot er nent easement tha:is I Adopted by the Council May 12, 1988.
25 feet right of and 20 feet left of a 75-foot construc ion asement that is 40 feet Approved blay 13, 1988.
right of and 35 feet left of the continuing line. i (May 21, 1
thence South 89 degrees 48 minutes 24 secon s st, 28.00 feet to the I
termination of the easements at a point on the c nte line of Arundel Street
that is 100 feet North of the South line of said sout we t quarter of Section 24. Council File No. 88-748 — By Tom Dimond
The exterior lines of easements shall be prolo ged or shortened to their RESOLVED,That upon the petition of]
intersection at changes of direction or to their nte ection with described File No. 3-1988 that part of the north-sout
property lines and shall terminate or begin at a igh angle to the easement � Addition bounded by Oid Hudson Roac
centerline or reference line where there is a chan e in easement width but no Flandrau, hereinafter described, be anc
change in the bearing of an easement. discontinued as public property.
At the point of beginning of a change in width o pe anent or construction � That the vacated property be describec
easement, previous permanent or construction e se nt shall terminate. All that part of the north-south alley v
Temporary construction easements shall not incl de y properties within 15 i Avenue and south of the westerly exten
feet of the centerline of any active railroad trac . j� 3,Godes and Licha Addition
Excepting from said temporary construction eas me ts that part taken foi• ,i 1. That the vacation be subject to all
perpetual easements. 130, codified March 1, 1981, of t;
Temporary construction easements to expire on or efo e May 15, 1989. 'I amended.
WHEREAS, The easements cross portions W llow Reserve Park at � 2• That the petitioner,his heirs and as
locations satisfactory to the City of Saint Paul; an , $1,391 as compensation for this vac�
WHEREAS, In consideration for the granti g o the easements herein 60 days of the publication date of t:
described, the Metropolitan Waste Control Com issi n (MWCC) on behalf of 3• That a permanent utility easement 1
itself and assigns agrees to the terms and conditi ns i the attached document protect the interests of Northweste
entitled Agreement Concerning Easements Crossin Po ions of Willow Reserve i 4• That the petitioner,his heirs,and a:
Park which shall survive the conveyance of the ea em ts. , conditions of this vacation,agree to
NOW THEREFORE BE IT RESOLVED, That the roper City officials arc the City of Saint Paul,its officers ar
hereby authorized and directed to convey a sewer ase ent subject to the tern�s claims of any character brought
;
����� i'
OF THE COUNCIL O T CITY OF SAINT PAUL, 1988 395 �i
f
;,,;,{ ronditions as se fo th in the document entitled Agreement Concerning ;
t 41,subject to a portion taken for a stree• E��>ti:lents Crossing orti ns of Willow Reserve Park; it being the intent of the ;
ting and maintaining a public sewer,all' ;�arties thai the term an conditions of the Agreement survive this conveyance. ;
'8,subject to the railroad right of way,and .�dopted by the un il :�Iay 12, 1988.
l'
ng and maintaining a public sewer, ana :�pproved May 1 , 19 .
�t 28 lying north of the right of way of the : (May 21, 1988)
ll in Cottage Homes Addition to St. Paul.s
IVSTRUCTION EASEMENT
30-foot temporary construction easement `� Council File No. 88-7 4 By Roger J. Goswitz—
uthwest quarter and are centered on the «'HEREAS, The ity desires to use Municipal Stpte Aid funds for the City
Force traffic signal •or done in conjunction with t�e Trunk Highway 35E —
ine that is North 00 degrees 11 minutes 36 n�'ll0�g BOUIe�•ard roj t.
istant from the southeast corner of said ���HEREAS.The tat hasalreadyawardedthecontracttobeginconstruction
,,1 �11e Trunk Hig ��•a 35E — Kellogg Boulevard project. Therefore, the
12 seconds West, 282.�8 feet; :;r��cessing aild appt• �•al f the City Force Account A,greement is in violation of
51 seconds West, 236.44 feet; S:ace�id rule 8820. 800, subp. ?.
l4 seconds West,293.96 feet more or less to RESOLVED,Th t th proper City officials are hereby authorized to request a
f and parallel to the centerline of Arundel ':ariance to bSunicip 1 S te Aid rule 8820.2800, subp. 2. �
Adopted b�� the oui cil blay 12, 1988.
� 36 seconds East, 380.58 feet along said �PAj'o��ed May 3, 1 88.
iing of a 70-foot temporary construction (May 21, 1988)
permanent easement) centered on the
'4 seconds West, 146.00 feet more or less to Couucil File No. 88 i36 By Bob Long—
f and parallel to the centerline of Arundel RESOLVED,Tl at u on execution and delivery of a release iii full to the City
g of a 50-foot temporary construction ��i 5«iut Paul, the p ope City officers are hereby authorized and directed to pay �
permanent easement) centered on the �ut oi the Tort Lia lity Fund 09070-511-000 to Linda M. Ballis the sum of$700.00
:it full settlemettt o her laim for damages sustained October 23, 1985,as a result
� 36 seconds East, 91.00 feet along said ��i a falldo�ctl at or iea 243 Bates Avenue, Saint Paul, Minnesota.
g of a 45-foot permanent easement that is rldopted by th Co cil May 12, 1988.
•foot construction easement that is 40 feet Approved May 13, 88.
�uing line. ; (May 21, 1988)
tes 24 seconds West, 28.00 feet to the �°
oint on the centerline of Arundel Street .�
e of said southwest quarter of Section 24. s,, Council File No. 8 -748 By Tom Dimond— i
all be prolonged or shortened to their y' RESOLVED, at pon the petition of Martin R an,per Finance Department
or to their intersection with described ,� Fi:e �10. 3-1988 th t p t of the north-south aliey �n Block 3, Godes and Licha
�r begin at a right angle to the easement � .�dditioil bounde by Old Hudson Road, White! Bear Avenue, Wilson and
ere is a change in easement width but no � Fiandrau, herein fter described, be and the same is hereby vacated and
t• ,� discontinued as p lic roperty.
e in width of permanent or construction �, That the vacat d p operty be described as follrnvs:
nstruction easement shall terminate. All that part th north-south alley which lies north of vacated Wakefield
hall not include any properties within 15 Avenue and s th f the westerly extension of the north line of Lot 5 in Block
ailroad track. : t�, 3, Godes and ich Addition
ruction easements that part taken for �', 1. That the cat on be subject to all the terms and conditions of Chapter
130, codif ed arch 1, 1981, of the Saini Paul Legislative Code, as
{pire on or before May 15, 1989. amended.
portions of Willow Reserve Park at . �• That the titi ner, his heirs and assigns shall pay the City of Saint Paul
Zt Paul; and, $1,391 as c mp nsation for this vacation wHich is due and payable within
the granting of the easements herein :� 60 days o the ublication date of this reso�ution.
�trol Commission (MWCC) on behalf of '; 3• That a pe a nt utility easement be retained within the vacated area to
nd conditions in the attached document '';' protect t in rests of Northwestern Bell CTelephone Company.
its Crossing Portions of Willow Reserve � ' �. That the etit' ner,his heirs,and assigns, y acceptance of the terms and
e of the easements. condition of is vacation,agree to idemn fy,defend,and save harmless
�ED, That the proper City officials are � the City o Sa' t Paul,its officers and emp yees from all suits,actions or
y a sewer easement subject to the terms ; claims o an character brought as a r�sult of injuries or damages