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88-1521 WHITE - C�TV CIERK PINK �_FIMANCE G I TY OF SA I NT PA U L Council CAPJARV - OEPARTMENT � � 2 Bl',�E - MAVOR File NO• /�^/ Return �opy to: Council Resolution Valuations - Room 218 (RM) (15-1988) ���- l 1��� d Presented By Referred To Committee: Date Out of Committee By Date any violation of any law or regulation made in accordance with the law whether by the petitioner or any of its agents or employees . 5. That the petitioner, its successors, and assigns, shall within 60 days of the publication date of this resolution file with the City Clerk an acceptance in writing of the 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 Requested by Department of: Yeas Nays Dimond Finance & rlanagPment SPrvi Ceg �� In Favor Gasw;tz �� � Director Sc6eibel A gai n s t By , Sonnen Wilson p �QQ S�f � � ��7N Form App ve City Atto ey Adopted by Council: Date l� Ceriified Yassed b 1 Secret BY ` �' O� gy, i t�pproved Ma�ior: �ate _ P 2 �,� _ Approved y May r Su ission to Coypcil � � B l � PIl�l.l�!��9 �;:,:�i� ... � 1988 - r �-��/ �nce & Mgmt Service s � w►� . ,� �e oa�s�en. ��tl��� a7�E� N0. ��2 G 4� ACT PER�qr or��nr�r ox+ecroa w�m�roa�srurrj D iCk MCCaA[t. , �- R�ce a r�w�oa�r�s o�+on �crrv c�nc oErr. ca+r wo. �� ��oo�r ar�cron Valuatio�tts Div. 298-53i7 � — � � ��.,:: —� ��. � . .. .� . . � � - ,_ ..... �::.... � . , . CrtY.A770N�1EY .. ..,. - Approne resolution vacating a ;°sewer eaaearent-in Lot 1, B�lock 1, Rt�sy'� Corr�e�;''Ib�b'te�--a� . south�est corner of Prior and University Ave. PUBI,IC� HF.ARING Sep'� 20, 1988 PUBLIC WORKS HEARiNG Sept 14, 1988 7�oas:(�a�vs W or a.�(�)) oounc�.�sE+u�REnoRr:. ` _ ' ; " .PlA1MMN0 COMiNBSKMJ . . q1tN.B�AVICE WMMI9810N OATE M . DATE WT �" NNLVST. �'. � Plq1E NO. � . � . .� ... aDNRIR COMrBBqM . . IBD K28 BCMOOL BOARD. � , . � � . .�w.. . � � � . � ,sr� s�+NrrEa cor�issiar ���s is �oot�o.�oo�= r�rn ro oarrr�r a��� ' _ ._ —�+�nor.n�o. _ * osrnr.T oa�rx �+ s�o�rts N�t�� . �ExriwnnrroN: . �J.�� � , > �- - • _ , . cc - , ���� : _ .. : :, -� Q�F'I�E-QF THE DIhZECTOR , ._, Located in Council District 4 ��ENT pF�qryC� —=--__—.'������aRV�ES � .n+�nMw.eos.a�.arue.ovra�rran,►twno,wn�,v�,�,,wn�re.mn+r,: _ . . ': The City has completed the necessary sewer s��aration in this area and upon vacat�.on of this easement will t� over the ownership and responsfbility of the vacated storm sewer line to [he p8titioaer. _ The Department of Public Works, the Water Utility, U.S. West, Northern Ststea Pow�i Co�ang, � Diatrict Ene�gq St. Paul, Inc., WesCer�n Ehtion and Continental Cablevision have no objactfoas to this vacation. _ �s��1c,�ue.r,s�w.�dw�x�,.aeauw�: _ . \ _ ; COL�nCII (included in 8bo�e) Research Center S fi P�ct yc�oe �wo��.wn�.w r�:v�` . � _ ; , - (included in above) .._: ��i�ee: . �nos cor� -,� Deny vacation �roar�rs: The vacation process aad pracedurea.follow Chapter 130 o.f the Legislstive Gode. ��s: �„�n� k;iawn at tt�is time. The resolution contains an indeminification for the Citq. . � - � ��'�.�� construction of the sanitary seWer and sanitary sewer stub connections that se ve the property known as Lot 1, Block 1, Kosy s Corner in the amount of $106,192.82. By agr ement to this vacation the petitioner , its suc essors and assigns , acknowledge that the benefit received by Lot 1 , Block 1 , Kosy' s Corner as a result of the con- struction of the sanitary ewer and sanitary sewer connections is equal to or greater than the amount of the special assessment and also agree to waive any rights to appeal the assessment of $106, 192 .82 . This special assessment hall be levied over a f�ienty year term. 3 . `Phat the petitioner , i s successors and assiqns shall dedicate to th City of Saint Paul in a form to be approved y the City Attorney, an easement for the new sanitary sewer which is described as followst / 1 A 20-foot permanent! sewer easement over that part of Lot 1 , Bloqrk 1 , Kozy' s Corners, the centerline describ�d as follows: Commencing at the�'Iintersection of the southerly right-of-way linq� of University Avenue and the westerly line of;�idorth Prior Avenue also being the northeaster,��y corner of Lot 2 , Block 1 of said Kosy' s C¢rners: thence on an assumed bearing of So%uth along the easterly line of said Block 1 i distance of 322. 51 feet to the actual point o�f beginning of the centerline to be described,�� thence South 37 degrees, 23 minutes , 59 $econds West a distance of 161 .26 feet; thenc� Plorth 60 degrees, 23 minutes, 0 seconds West; a distance of 615 .0 feet and there terminating./ Said easement lines are to be extended or;' shortened to form a continuous 20 .0 foot strip�` from the east line of said Block 1 to the ��intersection with a line drawn perpendicu�lar to said centerline at the point of termin��tion. 4 . That the %petitioner , its successors and assigns , by acceptan�e of the terms and conditions of this vacation%, agree to indemnify, defend and save harmles� 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 , persons , or property on account of this vacation, or petitioner ' s use of this property, including but not limited to a claim brought because of any act of omission, neglect or misconduct of said petitioner � or because of any claims or liability arising from �` �( 2K�� 2