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88-95 WMITE - G TV CLERK � PINK � - FNANC£ GITY F SAINT PALTL Fi � N0. �� '�� CANARV - D PARTMENT C flCil BLUE - M YOR " � Coun il Resolution ' Presented By ��� 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 . I 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 . , . . � �,�f��-�� _ 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� � ' . , . � G�,c"���� 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 $1 , 728 Four year or more No refund 5 . That the peti ioner , its successor or assigns , by acceptance o the terms and con itions of this vacation, a�re s to indemnify, defend nd save harmless the City of Sa' nt Paul , its officers a d employees from all suits , act ' ons or claims or any c aracter brought as a result f in juries or dama es received or sustained by any person , persons , or property on account of thi vacation , including b t not limited to a claim brough because of any act of mission , neglect or misconduct of said petitioner o because of any claims or liability arising from any violation of any law or regula ion made in accordan e with the law whether by th petitioner or any o its agents or employees . 6 . That the pet ' tioner shall within 60 days of the publication da e of this resolution file with the City f 3 � r/�g�� WHITE - ITV CLERK PINK - INANCE G I TY F SA I NT PA U L C iuncil .�+�, � CAN•ARV - EPARTMENT � F e NO. 0 'BLl1E - AYOR � Coun il Resolution � Presented By efe�red To Committee: -_ D te ut of Committee By D te Clerk an acce tance in writing of t e conditions of this resolut on and shall withil the period ( s ) specified in the terms and cond ' tions of this resolution com ly in all respects wit ' these terms and conditions . I i I i � I i I CO NCILMEN Requested by Department bf: Yeas Di nd Nays � Gos itz [n Fa or Lon II Ret man �_ Again t BY Sch ibel / u So en ;/ Wil on '�N 2 � 1 8 Form Approved by City orney Adopted by Council: Date C Certified P s b uncil Se et BY By Approved b Ytavo Dat � 5 �98u Approve by yor u mission to Council � � gy B PUBIISHEO J A N � 19 8$ I