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88-1030 N�HITE - CITV CLERK I� PINK - FINANCE '+"�� COURCII CANA�V - DEPARTMENT �''���..I TY OF SA I NT PALT L ��� I��Q BLUE - MAOOR ' Flle NO. Return copy to: �ouncil Resolution � Valuations - Room 218 "^'`� (�) (9-1988) �'� , Presented By Referred To Committee: Date Out of Committee By ' Date RESOLVED, thatll, upon the petition of the Housing Redevelopment Authori�y of the City of Saint Paul and West Bridge Townhomes Associatiom, per Finance Department file no. 9-1988 , that part of the w lkway easement in vacated Delos Street, bounded by Livingsto , Isabel , Robert and vacated Delos Street, hereinafter describe , be and the same is hereby vacated and discontinued as publi� property. The vacated arealis described as follows: That portlon of a retained easement in Delos Street, va�ated, described as: Beginni�g at the Northeast corner of Block 8, DELOS ROSSING TOWNHOMES, according to the recorde plat thereof; thence on an assumed bearing of North, along the Northerly extensi n of the East line of said Block 8, a distanc of 12. f�0 feet; thence on a bearing of West, distance of 101. �10 feet; thence on a bearing of South, a distance of 8. 54 feet to the No theast line of said Block 8; thence south 0 degrees 55 minutes 23 seconds East, along aid Northeast line of Block 8, a distanc of 10. 58 feet to the point of beginni g, and shall be subject to the followi g conditions: l. That the acation be subject to all the terms and conditions of Chapter 13f�, codified March 1, 1981, of the Saint P ul Legislative Code, as amended. 2. That the etitioners, their successors and assigns shall pay $5�10 administrative fee for this vacation COUNCIL MEMBERS Yeas Nays Requested by Department of: Dimond ��g � In Favor Goswitz Rettman sche�be� �__ Against BY - � irector Sonnen I Wilson Form Appr e City Att ney Adopted by Council: Date � Certified Passed by Council Secretary I By � �� " � By 6lpproved by Mavor. Date ' Appr d by Mayor for Su s i�n to Gouncil By _ y WNITE - CITV CLERK PINK - FINANCE CO�IIICII CANARV - DFrPARTMENT OITY OF SAINT PAUL BLUE - MAVOR File NO. ��� Valuationsy—tRoom 218 Council Resolution (RM) (9-1988) Presented By Referred To Committee: Date Out of Committee By Date Board o1E Water Commissioners, its officers, agents, employees, and servants from all suits, actions or claims Iwhich shall arise from any injuries or damages received or sustained by any break in any servicel pipe, water main or connection in said reserved easement, arising out of or resulting from any ac�ion or negliqence of the petitioner, its employees, agents or business invitees. 5. That a permanent easement be retained, within the vacated ar�a to protect the interests of Northern States Power Company, Gas Division. 6. That the petitioners, their successors and assigns, by acceptance i of the terms and conditions of this vacation, agree to idemnify, defend and save harmless the City ofi, Saint Paul , its officers and employees from all suits, actions or claims of any character brought as a resu�.t of injuries or damages received or sustained by any person, persons, or property on account of this vacation, or petitioners ' use of this property, iricluding but not limited to a claim brought because of any act of omission, neglect or misconduct of said p�titioners or because of any claims or liability �rising from any violation of any law or regulation made in accordance with the law whether by the petitior�er or any of its agents or employees. 7. That the p�titioners, their successors, and assigns, shall within 60 days of the publication date of this resolution Ifile with the City Clerk an acceptance in writing of t�he conditions of this resolution and shall within the period (s) specified in the terms and conditions �of this resolution comply in all respects with these terms and conditions. COUNCIL MEMBERS Yeas Nays ! Requested by Department of: Dimond ~ �� __� [n Favor ��'� Gosw;tz Rettman B � Scheibel —�_ A gai ns t Y �6sw��... � ,,��, V�N 2 � � Form Appreved City Att ney Adopted hy Council: Date Certified Pa:•ed by Cou cil Secretary I By " � By �!��� � `- I#pproved by Mav r: Date _ �� 1�_ Approv by Mayor for Sub ' si uncil -�,� By PUBIISNEO J U L - � 1988 I, . . � • � ��!��`3� which is c�ue and payable within 60 days of the publication date of this resolution. 3 . That a per�anent utility easement be retained, within the vacated area, on behalf of the City of Saint Paul , Department of Public Works , subject to the following conditions: a. No buildings, structures, or trees are permitted within the easement area nor any temporary structure, material storage, fixture or other objects that will prohibit normal access to sewer facilities for maintenance purposes . " b. No change from the existing grade is permitted without ' written permission from the Director of the Department of Public Works. c. No change in surfacing within the easement area is permitted without written permission from the Director of the Department of Public Works . d. That the petitioners, their successors and assigns shall indemnify, defend and save harmless the City of Saint Paul, its officers, agents, employees and servants from all suits , actions or claims which shall arise from any injuries or damages received or sustained by any break in any service pipe, or connection in said reserved easement, arising out of or resulting from any action or negligence of the petitioners, their employees, agents, or business invitees. 4 . That a permanent water main easement be retained, within the vacated area, on behalf of the City of Saint Paul , Board of Water Commissioners, subject to the following cpnditions: a. No buildings, structures , or trees are permitted within the easement area, nor any temporary structure, material storage, fixture or other objects that will prohibit normal access to water facilitjies for maintenance purposes. b. No change from the existing grade is permitted without written permission from the Water Utility. c. No change in surfacing within the easement area is permittled without written permission from the Water Utility. d. That the petitioners , their successors and assigns shall fully indemnify, defend and save harmless the �. � � ` �� 2