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88-1945 .� WHITE - CITV CLERK " �-�� PINK - F�INANCE COIIIICIl ` CANAf�Y - OEPARTMENT G I TY OF SA I NT PA U L BLUE - MAYtOR File NO. Return copy to: Council Resolution � � � Valuations - Room 218 � f ` (RM) (20-1988) ��n 1�j -�� Presented By ��X�1 ��.-- ��` ° d �-�' Referred To Committee: Date Out of Committee By Date RESOLVED, that upon the petition of the Port Authority of the City of Saint Paul, per Finance Department File No. 20-1988, those parts of Pearl Street from the west line of Berry Street to the west line of Eustis Street, Berry Street from the north line of Territorial Road to the north line of Pearl Street, Charles Avenue (formerly Charles Street) from the east line of Berry street to the northerly extended east line of Curfew Street, Curfew Street from University Avenue to the northerly line of Charles Avenue (formerly Charles Street) and also the alley in Buckmore Addition. The vacated areas are described as follows: Berry Street from the northerly line of Territorial Road to the northerly line of Pearl Street. Pearl Street from the west line of Eustis Street to the west line of Berry Street. Curfew Street from the northerly line of University Avenue to the southerly line of Charles Avenue (formerly Charles Street) . Charles Avenue (formerly Charles Street) from the east line of Berry Street to a line described as follows: From a point on the northerly line of Charles Avenue (formerly Charles Street) 57 .15 feet easterly from the southwesterly corner of Lot 15, Block 1 of Twin City Addition to a point on the southerly line of said Charles Avenue (formerly Charles Street) 57 . 15 feet easterly from the northwesterly corner of Lot 18, Block 2 of said Addition. COUNCIL MEMBERS Yeas Nays Requested by Department of: Dimond Finan � Mana ement Ser ces �� In Favor Goswitz Rettman B Director Scheibel Against Y � � Sonnen �" Wilson l;-y-�s� Form Appr ve City Atto� Adopted by Council: Date . ' � � ,,�,,g' Ceriified Yassed by Council Secretary BY gy, Approved by Mavor: Date _ Approved by Mayor for Submission to Council By BY � � �� . � � � � � � , � , � �� All of the alley in Buckmore Addition to St. Paul , P4innesota. The vacation shall be subject to the following conditions: 1 . That this vacation shall be subject to all the terms and conditions of Chapter 130, codified March l, 1981 of the St. Paul Legislative Code, as amended. 2 . That the petitioner , its successors and assigns shall pay a $500 .00 administrative fee for this vacation which is due and payable within 60 days of the publication date of this resolution. 3 . That a permament sewer easement be retained on behalf of the City of Saint Paul , Department of Public Works within the vacated area of Berry Street from 'I'erritorial Road to the northerly line of Pearl Street subject to the following restrictions: a. tJo 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 . i'hat the petitioner , its 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 G the petitioner , its employees , agents, or ` ��1 � business invitees. J 1t ) 2 . ' ' � � ��t�� 4 . The petitioner , its successors and assigns shall pay all costs and expenses for the removal of the improvements in the vacated areas, including but not limited to costs for removal of paving , boulevards, curbs , gutters , sidewalks, traffic signals, street lighting, street signs and all other improvements as deemed necessary and approved by the Department of Public Works . 5. That the petitioner , its successors and assigns shall pay all costs and expenses for construction, relocation and/or installation of any new street improvements required as a result of this vacation, including but not limited to costs for traffic signals, traffic signs , street signs , curbs , gutters, sidewalks, driveways and storm water drains subject to the approval of the Department of Public Works . 6. That permanent Water Utility easements be retained on behalf of the City of Saint Paul , Board of Water Commissioners within the vacated areas described as follows: The Northerly 33 feet of Pearl Street lying between the Northerly extension of the 6�Iest Line of Eustis Street and the Easterly line of Berry Street; The Easterly 52 feet of Pearl Street lying West of the Easterly line of Berry Street; The West 30 feet of the easterly 52 feet of Berry Street lying South of the Westerly extension of the South line of Pearl Street and North of the Westerly extension of the North line of Territorial Road . These easements shall be subject to the following restrictions : 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 facilities for maintenance purposes. b. No change from the existing grade is permitted without written permission from L the Water Utility. `.�`' � �1 ��. 3 'i rr , • • • 4)� ' t � ��L✓ /v/G.' r � ' �/� c. No change in surfacing within the easement area is permitted without written permission from the Water Utility. d. That the petitioner, its successors and assigns shall fully indemnify, defend and save harmless the Board of Water Commissioners , 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, water main, or connection in said reserved easement , arising out of or resulting from any action or negligence of the petitioner , its employees, agents or business invitees. 7 . That a permament utility easement be retained within the above described vacated areas to protect the interest of Northern States Power Company. 8 . That a permanent utility easement be retained within the above described vacated areas to protect the interest of Continental Cablevision. 9. That the petitioner , its successors and assigns, by acceptance of the terms and conditions of this vacation agree to indemnify, defend and save harmless 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 any violation of any law or regulation made in accordance with the law whether by the petitioner or any of its agents or employees . 10 . 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. r'3 ��' 4 WMITE - CtTV CLERK PINIZ • - FINANCE �O�1flCII CANA9z -�D�PARTMENT Gi-rY OF SAINT PAUL File NO. ��Q BLUE -M�'VOR �laluationsy-tRoom 218 Council Re olution (�) (zo-i9ss) j�_ I� �� P res en t ed By 'd � �h-''�'�'�-- � '= �� Referred To Committee: Date Out of Committee By Date BE IT FURTHER RESOLVED, the Council of the City of Saint Paul hereby authorizes the proper City Officials to execute Quit Claim Deeds which will convey portions of the above vacated areas which the City owns in fee. These vacated areas are described as follows : PARCEL N0. 1 A strip of land fifty (50) feet in width off the westerly end of Block two (2) of Twin City Addition, extending from the southerly line of Charles Street to the northerly line of University Avenue and more specifically described as that part of Lots fifteeen (15) , seventeen (17) and eighteen (18) in Block two (2) of Twin City Addition described as follows: Beginning at the northwest corner of said Lot eighteen (18) ; thence running southerly along the west line of said Lots eighteen (18) and fifteen (15) to the southwesterly corner of said Lot fifteen (15) ; thence southeasterly along the northerly line of University Avenue, a distance of fifty- seven and fifteen one hundredths (57 .15) feet; thence northerly and parallel with said westerly line of Lots eighteen (18) and fifteen (15) to a point on the southerly line of Charles Street fifty-seven and fifteen one hundredths (57 . 15) feet southeasterly from the point of beginning; thence to the place of beginning. PARCEL N0. 2 All that part of Lot 4, Auditor ' s Subdivision No. 9 lying north of a line 33 feet south of the north line of the southwest quarter (SW 1/4) of Section 29, Township 29 North, Range 23 West. COUNCIL MEMBERS Yeas Nays � Requested by Department of: Dimond Financ & Ma.na ement rvice �� In Favor � R�,.g��j;� D Against BY Director Sonnen ►��'� 1 Wilson �I-�� EC — $ �9W Form Approv d by C'ty Attory�y Adopted by Council: Date 4!� .�` � Certified Yasse ncil Sec y BY — � J gy, `r� .. Approv d by Navor. Date _ ��, 'r �' � Appro by Mayor for Submissio Co cil B ��t��°�.� iJ:-�.; i � 1988