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88-288 WHITE - CITV CL RK COl1f1C11 // - �PINK �- FINANCE /y r, CANARV -OEPART ENT GITY .O �AINT PALTL File NO• �+ � �� `BLUE -MAVOR � Return cbpy o: Counc l I�esolution � Valuations — Room 218 (1-1987) (RM ��a�� i Presented By ' Referr To _Com�ittee: Date Out of ommittee By Date RESOLVED , that up n l, the petition of The Housi� g and Redevelopment Authority an�l Gerald Nowak, per file no._ 1 -1987 , t at part of Congress St eat hereinafter described , be and the s me is hereby vacated an discontinued as public property. That the vacated area be described as follows: All that p rt of Congress Street lying between Conco d �Street and Robert Street . Also, all of he easement in the land necessary for slopes , uts , and fills in the grading and surfacing of Congress Street between Concord Street and Robert Street lying within or adjacent to t e �;vacated area as described above . 1 . That the vacat ' on be subject to all the terms and conditions of Ch pter 130, codified March 1, 1981, of the St . Paul Legisla ive Code , as amended . � 2., That the petitio er, Gerald Nowak, his heirs and assigns, shall Quit clai ak�y and all interest in the portion of vacated Congres S�reet which accrues to Block 65 , West St. Paul to the ou�ing and Redevelopment Authority. The � form of such con eyance shall be subject to the approval � of the City Atto ney. 3 . That the prime p titioner, The Housing and Redevelopment Authority of the Cilty of Saint Paul, Minnesota, pay the City of Saint P ul a $500 administrative fee for this vacation which i due and payable within 60 days of the publication date o� this vacation. 4. That a permanent ut�ility easement be retained on behalf COUNCIL ElV Requested by Department of: Yeas Dimond Nays Goswit Finan & Mana emen Servic Long In Favo . Rettma. ' CX 'rector Scheib 1 Against !, BY Sonnen , Wilson ' Form Approv d by City Attorney Adopted by Coun il: Date /' n B C �� Certified Passed y Council Secretary Y By I Approved by �Navo : Date ! Approved by Mayor for Submission to Council i By BY � � �-a� of the City of Saint Paul , Board of Water Com missioners over , under , and across the northerly half of vacated Congress subject to the following restrictions: a. No building,s , structures , or trees are permitted within the easement area , nor any temporary str+ucture, material storage, fixture or other ob� ects that will prohibit normal access to w�ter facilities for maintenance purposes . ' b . No change frdm the existing grade is permitted without written permission from the Water Utility. c . No change in surfacing within the easement area is permitted without written permission from the Water Utility. d . That the prime petitioner , its successors and assi�ns shall fully indemnify, defend and save harmless the Board of Water Commissioners and the City of Saint Paul , its officers , agents , employees, and servants from all suits, actions or claims which shall arise from any in juries or damages r�ceived or sustained by any break in any servic�,e pipe, water main , or connection in said rese ved easement , arising out of or resulting fro �ny action or negligence of the petitioner , ' ts employees , agents or business invitees . i 5 . That a permanemt sewer easement be retained on behalf of the City of Saint Paul , Department of Public Works on , over , under , and across vacated Congress Street subject to the following restrictions: a . No buildings , structures , or trees are permitted within the easement area nor any temporary objects that will prohibit normal access to s� wer facilities for maintenance purposes . I b . No chan�e frpm the existing grade is permitted without writ�ten permission from the Director of the Department of Public Works . c. No change im surfacing within the easement area is perr�itted without written permission I w\`�� }U � � � �� '�- � • � . � �� from the Director of the Department of Public Works . ' d . That the prime petitioner hereby agrees to indemnify, liefend and save harmless the City of Saint Paul , its officers , agents , employees , and servants , from all suits , actions or �laims which shall arise from any injuries or damages received or sustained by any break i� any service pipe , or connection in said res�rved easement , arising out of or resulting from any action or negligence of the petitioner, its employees, agents or business invitees . , 6 . That a specific asement be retained within the vacated area to protect the interest of Northwestern Bell Telephone Compan . 7 . That a specific �asement be retained within the vacated area to protect !the interest of Northern States Power Company. 8 . That a specific e sement be retained within the vacated area to protect t e interest of Continental Cablevision. 9 . That the prime pe itioner , The Housing and Redevelopment Authority of the ity of Saint Paul, its successors and assigns , shall be responsible for all costs and expenses incurred to disc ntinue use of Congress Street as a public right-of-w y including but not limited to, street barricades, adjus ment of drainage facilities, sidewalk extensions , boul vards , curbs and curb cuts all to the approval of the D partment of Public Works. 10 . That the prime pe itioner , The Housing and Redevelopment Authority of the ity of Saint Paul , its successors and assigns , shall belresponsible for all costs and expenses for the relocatian of the existing lighting standards power source and ontrol cabinet located on the Northern States Power Comp ny pole within the vacated area. 11 . That the prime pe it�oner, The Housing and Redevelopment Authority of the ity of Saint Paul, its successors and assigns, shall be responsible for all costs and expenses for any street si�n changes necessary as a result of the vacation of Congress Street. 12. That the prime pe�itioner, its successors and assigns, by acceptance of the terms and conditions of this vacation, agrees t�o indemnify, defend and save harmless , �-�'`-�,C 1_�,,..+. � � ►� i� � I 3 WHITE - CITV CLE K ��. .PINK �- FINANCE G I TY O CO11RC1I y/� �J y/�� CANARV - DEPARTM NT . �AINT PAUL File NO. �" -- " � �BLUE - MAVOR Return cbpy o: . Valuations — Room 218 Counc l Kesolution (1-1987) (RM) ' Presented By ' . � _ Referre To Commi ttee;- Date Out. of ommittee By Date the City of Saint Paul, its officers and employees from all suits, actions or claims of any character brought as a result of injuries or damages received or sustained by any person , pers ns , or property on account of this vacation , including ' but not limited to a claim brought because of any act o�' omission , neglect , or misconduct of of said petitione or because of any claims or liability arising from any violation of any law or regulation made in accordance wit t�e law whether by the petitioner or any of its agents or employees. � 13 . That the prime pe it ' oner, The Housing and Redevelopment Authority , its s ccessors and assigns , and the petitioner , Gerald owak, his heirs and assigns , shall within 60 days of th@ publication date of this resolution file with the Cit Cllerk an acceptance in writing of the conditions of thisj resolution and shall within the period ( s) specifi d iin the terms and conditions of this resolution compl in all respects with these terms and conditions . I � � �I COUNCIL EN Yeas Dimond Na s Requested by Department of: Y �Goswitz F• Long In Favo Rettma Scheibel � Against BY Di ector S�s� wilson � — � �ggg Form Approved by City Attorney Adopted by Coun il: Date Certified Pass y C uncil Sec ry BY By � � " � �� $ ' Approved y Ma or u 'ssion to Coun il A►pprove b lNavo : D i „ By I PUBIISHED ir�Ai� � � 198� ��, - I TOR , , ' ` t w�Te '� aiM►E ' lA—a� �Qo Fi�aac� & gement Services 1-1 88 � "�� NO.��4� � : ,� o�cron w,.oR ron�seret�' , DiC'k �1II � �. Awwc�a wiw�nr se++nr�e o�raa �cm c�ac . � RO euoaE'r anEC�roR : Vaiu�tii�nta . Rm. Zl. 298-53,17.. ` - cm�,-ro�Y . — . .. : Adopt resaY ion,Wh3ch will vacate Coagre s treet be�ween Conco�d and Rohert Street. ` � _�,T�o�s:1 tn1 a qsiea(Rl) REaoa�: R,MMMN9 CML BERVICE COA�MIB&ON DA pd DA'IE . � AWILYST P{k71iE ND.�.. - .. Z�OI�NNQ . .. . . . ISD 626 8GIC30L BOARD ��t 1.� E 1 L ~ , �� _ �� . . . � 1 . . .A. STAFF � . . . GIAR'�EA 0�10N .:1�-IS .,� AOD111�IF0:AROFAi . -, ,��A�T .....�..��; . , �A_D19TAICTOW�ML . . * �: -` . . . _ . . �_ .. � .. . . .61�Pa1i8 WNICN COUNGYt. ? '. � � � . . . . ,- � . . . - . . . � . Located in C uncil District #2. �nr►nw Mo�r. c��oa�rnr�mo,wn.�,wn�n.w►,.ro,wnr►: _ : Petition of he A�ausiag and Redevelopment Au hority and Gerald Nowak to �llow t2�e &�s�ng as�d , Redevelqpmen Authority to, consolidate th v riou$ properti�ss in the vicinity of Robert, � Concord� ar►d Congress in 'order to create d velQpment site., �'he Housing� an�l Redeveiopmei�t , ; ; ,l�ut�o�itq; w 1 also be purchasing vacated r3. ht-of-way accruing to Gerald Nowal�ta :property as ? a part of th s develapment site. The Hou i:n and Redevelopment �4.uthority will, therefore,.be = referred to the prime petitioner and t e gency for compZying with all ter�s � canditions � ,�+c�ra+ �w.rw.ors;r�r• _ , T13e proposed ,develogment for this site is a st-food franchise. The Plann��g Gt�nission, on �ecembeT 4, 9&7, recoa�iended approval of th zoning petition for a fast-food :franchise busine�s in .the- Aorth half .of Congress Street to: b v ated and part of the block,ad��Eaft�g•.�his s��eet ro Che .north _ : �IWhM: rb rc vYFwm):�. . ` The:De rt t. of Fub].ie Works; the De ar o� Communit 5e�vfce �" j ,- ' ��e De a� �.�r�:°> �:a�tt. and Economic Aevelo t• Water Utility; , 1 e D� artment; Fire_ & $at€ex�.�Se�v3.ce�;. � , ate� Bell Te�e ho e Co an ; Northern States P e Co an s Distxict Ener�y St. Paul� �-f; i�es ern � Union; ox�ti eutal Cablevision, and Distr t have no obj�ctions to tfie n�cation. K7�ranwts::, . _ , ;. , caMS .,,, ` Deny petitio . Ke p status quo Area �ili n�t be impro� � �ra�riva�c�arrs: _ The vaca.tio process and �procedure follo C agter 130 of the Legislative Code. �u�s:� None laio+wn a this time. Resolution conta ns an indemnification for the City.:,