88-95 WMITE - G TV CLERK �
PINK � - FNANC£ GITY F SAINT PALTL Fi � N0. �� '��
CANARV - D PARTMENT
C flCil
BLUE - M YOR "
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Coun il Resolution '
Presented By
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eferred To . Committee: D �e ._
ut of Committee By p e
RESOLVED, that upo the petition of the P rt Authority of
the City of Saint Paul , er file no. 21 -1987 , t t part of Tenth
Street from Broadway to Pine, hereinafter descr bed , be and the
same is hereby vacated and discontinued as publi property.
That the vacated area be described as follow :
All that part of the northwesterly 1 feet of the
southeasterly twenty—two (22) feet o Tenth Street
lying between Broadway Street and Pi e Street .
1 . That the vacation be subject to all he terms and
conditions of Ch pter 130, codified Mar h 1, 1981, of
the St . Paul Leg ' slative Code, as amend �i .
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2. That the petitio er pay to the City of int Paul $5,400
as compensatio for this vacation w ich is due and
payable within 0 days of the date of publication of
this resolution.
3 . That a permanent sewer easement be reta 'l ed on behalf of
the City of Sa ' nt Paul , Department f Public Works
within the vaca ed area of Tenth Stree ' subject to the
following condit ons : I
a . No building , structures , or tree � are permitted
within the easement area nor ny temporary
structure , material storage , fi ture or other
objects that will prohibit normal ecess to sewer
facilities f r maintenance purposes. ,
b. No change f om the existing grad is permitted
without writ en permission from the Director of the
Department o Public Works .
COU CILMEN
Yeas Nays Requested by Department
In Fav r
_ Agains BY
Form Ap ov City At rney
Adopted by ouncil: Date
C
Certified Pa sed by Council Secretary BY
By.
A►pproved by Mavor: Date Approved by Mayor for Sub ission to Council
By BY
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c . No change ' n surfacing within the easement area is
permitted without written permission from the
Director of the Department of Publ c Works .
d . That the petitioner , its succes ors and assigns
shall inde nify , defend and save armless the City
of Saint Paul, its officers, agent , employees, and
servants f om all suits , actions or claims which
shall aris from any actions or c aims whieh shall
arise from any injuries or dam ges received or
sustained y any break in any ervice pipe, or
connection n said reserved easeme t , arising out of
or resulti g from any action or negligence of the
petitioner , its employees , age ts or business
invitees .
4 . Within 30 days of the publicati n date of this
resolution , t e Port Authority of t e City of Saint
Paul , its suc essors , and assigns and the Burlington
Northern Rail oad , its successors a d assigns shall
dedicate any and all interests an rights in the
subject property it now has and will o tain as a result
of this vacation to the City of Sain Paul for street
right—of—way p rposes. This new dedi ation for street
purposes will be subject to a termin ble right of the
Port Authorit and the Railroad to u e this land for
private parkin purposes. The form o�' the dedication
shall be appro ed by the City Attorne ' s Office.
The right—of— ay dedication shall b subject to the
following conditions :
a . That both the Port Authority and R ilroad, their
successors, and assigns agree that their right to
use the dedicated property for par ing purposes
shall terminate when and upon the ole discretion
of the Dire tor of the Department f Public Works
of the City of Saint Paul.
b . That thi reserved right t park on the
dedicated ight—of— way will be automatically
cancelled pon written notice of the cancellation
being sent o the Port Authority a d the Burlington
Northern Ra lroad at the following addresses :
Buri ngton Northern Railroa Company
c/o lacier Park Company
2000 Foshay Tower
Minn apolis , Mnnesota 55402
Port Authority of Saint Paul
1900 Amhoist Tower
345 t . Peter Street
Sain Paul , MN 55102 ���\` (
a CI�J�
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c . If at all possible , the wr ' tten notice of
cancellat on shall be sent at le st 30 days prior
to its eff etive date. Failure t provide a 30—day
notice wil not invalidate the no ice or the
cancellati n .
d . No physie 1 changes shall be ma e to the vacated
area with ut the approval of th Director of the
Department of Public Works .
e. If the rig t to use this property for private
parking pu poses is cancelled by he Director
within a p riod of four years fro the publication
date of th s resolution , the Port Authority and
Burlington Northern shall have a i�ht to a refund
of the com ensation paid on the f llowing basis:
Term of P rking Right Amount Refunded
-------- ----------- ----- -----------
One year r less $4 , 176
Second ye r $2, 952
Third yea $1 , 728
Four year or more No refund
5 . That the peti ioner , its successor or assigns , by
acceptance o the terms and con itions of this
vacation, a�re s to indemnify, defend nd save harmless
the City of Sa' nt Paul , its officers a d employees from
all suits , act ' ons or claims or any c aracter brought
as a result f in juries or dama es received or
sustained by any person , persons , or property on
account of thi vacation , including b t not limited to
a claim brough because of any act of mission , neglect
or misconduct of said petitioner o because of any
claims or liability arising from any violation of any
law or regula ion made in accordan e with the law
whether by th petitioner or any o its agents or
employees .
6 . That the pet ' tioner shall within 60 days of the
publication da e of this resolution file with the City
f
3 � r/�g��
WHITE - ITV CLERK
PINK - INANCE G I TY F SA I NT PA U L C iuncil .�+�, �
CAN•ARV - EPARTMENT � F e NO. 0
'BLl1E - AYOR
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Coun il Resolution �
Presented By
efe�red To Committee: -_ D te
ut of Committee By D te
Clerk an acce tance in writing of t e conditions of
this resolut on and shall withil the period ( s )
specified in the terms and cond ' tions of this
resolution com ly in all respects wit ' these terms and
conditions .
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CO NCILMEN Requested by Department bf:
Yeas Di nd Nays �
Gos itz [n Fa or
Lon II
Ret man �_ Again t BY
Sch ibel / u
So en ;/
Wil on '�N 2 � 1 8 Form Approved by City orney
Adopted by Council: Date
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Certified P s b uncil Se et BY
By
Approved b Ytavo Dat � 5 �98u Approve by yor u mission to Council
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gy B
PUBIISHEO J A N � 19 8$
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