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88-914 WH17E — CITV CLERK PINK — FINANCFc � CO�II�CIl CANARY —QEQART�IENT C I TY OF SA I NT PAU L u � BI.UE —MAVOR 3 File 1�0. _�i � Valuationsy-t�Room 218 Counci Resolution � ( (RM) (Phalen) ��T Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, that upon th petition of Lake Phalen Limited Partnership, per Finance Fil No. 8-1988, that part of a Water Utility easement on, over, un er, and across part of Lot 2, Block 1, Phalen Shores, and bounde by Forest, Ivy, and East Wheelock Parkway, hereinafter describe , be and the same is hereby vacated and discontinued as public pr perty. An easement for utilit and drainage purposes on, over, under and across that pa t of Lot 2, Block 1, PHALEN SHORES, according to the reco ded plat thereof, described as follows: Commencing at the orthwest corner of said Lot 2, thence on an ass ed bearing of South O1 degrees 11 minutes 0g seco ds East along the West line of said Lot 2 a dista ce of 21.16 feet thence East a distance of 7.73 eet to the point of beginning of the tract of la d to be described thence North 0 degrees �3 minu es 51 seconds West a distance of 2.11 feet; then e North 89 clegrees 56 minutes 09 seconds East a distance of 26 .0R! feet thence South 0 degr�es 3 minutes 51 seconds East a distance of 2.14 f et, thence West a distance of 26.�0 feet to the oint of beginning. Subject expressly to the following terms and conditions: 1. That the vacat ' on be subject to all the terms and conditions of Chapter 130, codified March 1, 1981, of th Saint Paul Legislative Code, as amended. 2. That the petit 'oner, its successors and assignsr shall pay t e City of Saint Paul $5g0 as COUNCIL MEMBERS Requested by Depactment of: Yeas Nays �°�O°d F' Ma.na ement Servi e �� In Favor Goswitz �� Against BY Di ector sonnen VVilson Form Approved City Attor�/ey, Adopted by Council: Date / �J Cert�fied Passed by Council Secretary BY C �'�� 'S By Approved by 1Aavor: Date Approv d ayor bmis 'on to Counc' . By WHITE - C�TV CLERK COIIflCll � �/ PINK - FINANCE G I TY O F SA I NT PA U L CANARV - I�EPARrMENT File NO. ,► BLUE -MAVOR �w � Valuationsy-toRoom 218 Counci Resolution (RM) (Phalen) Presented By � Referred To Committee: Date Out of Committee By Date - compensation or this vacation which is due and payable within 60 days of the date of publication of this resolu ion. 3 . That the petit oner, its successors and assigns , by acceptance f the terms and conditions of this vacation, agr e to indemnify, defend, and save harmless the C ' ty of Saint Paul, its officers, and employees fro all suits, actions, or claims of any character brought as a result of injuries or damages recei ed or sustained by any person, persons or pr perty on account of this vacation, or petitioner ' s use of this property, includinq but not limite to a claim brought because of any act or omission, neglect or misconduct of said petitioner or because of any claims or liability arising fro any violation of any law or regulation ma e in accordance with the law whether by the peti ioner or any of its agents or employees. 4 . That the pet ' tioner , its successors and assigns , shall within 60 days of the publication date of this resolut on file with the City Clerk an acceptance i writing of the conditions of this resolution nd shall within the period (s) specified in the terms and conditions of this resolution co ply in all respects with these terms and condition . COUNCIL MEMBERS Requested by Department of: Yeas Nays Dimona F Long In Favo Goswitz Rettma° B Sc6eibel � A gai n s t Y Sonnen Wilson �N — 7 � Form Appro ed City Attor y Adopted by Council: Date /� << Certified Pas b Council Se t BY By Appr d by Mavor: Da _ a��� '� ��$O Approved b Mayor S mi 'on to Counci B B pUBIISHEU J��� 1 81 88