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87-14 WHITE - CITV CIERK - PINK � - FINANCE G I TY O F SA I NT PA U L Council /� C'NWPV - DEPARTMENT File NO. (,� �-/� t9l.UE+ �- MAVOR Co ncil esolution ,,�.. _ ; ; � Presented By ' Referred To Committee: Date Out of Committee By Date RESOLVED, That upon the Petition of Housing Redevelopment Authority of Saint Paul, per File No. 11-1985, for the vacation of East Nin�h Street between Cedar ana �3ai�asha S�reet, hereinafter described be and the same is hereby vaca��ed and discontinued as a public street: That the vacated area be described as follows : All that part of East Ninth Street lying between Cedar Street and the following described line: Commencing at the most northerly corner of Lot One (1) of Block Twelve (12 ) , Bazille & Guerin' s Add. to the City of Saint Paul, Ramsey County, Minnesota, thence southeasterly 99 . 15 feet as measured along the northeasterly line of said Lot One (1) to the ' point of beginning; thence deflecting to the right 105 degrees 37 minutes 51 seconds to the long chord of a 353 . 30 foot radius curve, concaved to the north, having a central angle of 30 degrees 24 minutes 10 seconds, a long chord length of 185 .28 feet, for an arc distance of 187 .47 feet, thence deflecting to the right 15 degrees 12 minutes 05 seconds, a tangent distance of 39 .47 feet, thence deflecting to the left 15 degrees 25 minutes 15 seconds to the long chord of a 181 .27 foot radius curve, concaved to the south, having a central angle of 30 degrees 50 minutes 30 seconds, a long chord lenth of 96.40 feet, for an arc distance of 97 . 58 feet, thence deflecting to the left 15 degrees 25 minutes 15 seconds, a distance of 24 . 20 feet more or less to its intersection with the southwesterly line of Block Seven ( 7 ) , Bazille & Guerin' s Add. to the City of Saint Paul, Ramsey County, Minnesota, said intersection point being 142 . 68 feet southeasterly of the most westerly corner of said Lot Seven ( 7 ) and there said line terminates. COUNC[LMEN Requested by Department of: Yeas Nays Drew Nicosia [n Favor ' Rettman Scheibel Sonnen _ AgeitlSt BY Tedesco Wiison Form Approved b City Attorney Adopted by Council: Date Certified Vassed by Council Secretary BY C By t�pproved by Mavor: Date _ Approved by Mayor for Submission to Council BY - - — BY , � ` � " �'!�=-- ���-��f 1 . That the vacation 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 shall pay all costs and expenses to the City of Saint Paul Water Utility for the abandonment of a four-inch water main in vacated Ninth Street and the sealing off of the sandrock tunnel which contains the four-inch water main. Cost of this work by the Water Utility is estimated at $10, 000 . 00 . 3 . That a permanent sewer easement be retained on behalf of the City of Saint Paul Department of Public Works, 50 feet in width and centered on the centerline of vacated Ninth Street 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 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 re- served easement, arising out of or resulting from any action or negligence of the petitioner, its employees, agents or business invitees . 4 . That the petitioner shall pay all costs and expenses for the construction of an interim street to renlace the vacated portion of East Ninth Street subject to the following conditions: a. That this interim street shall be sufficient to maintain two lanes of moving traffic between Cedar Street and Wabasha Street. b. That the location and. construction of this interim street shall be subject to the approval by the Department of Public Works Street Division. c . That this interim street shall remain open for uninter- rupted traffic until completion of two-way traffic of East Eighth Street is completed. � (�' � ,`�1,_. �� M�HITE �- C�TV �LERK . PINK - FINANCE G I TY O F SA I NT PA LT L Council p CANqF'," - D€PARTMENT File NO. " �-/� �LUE'�'= MAVOR C ncil esolution j ` � Presented By -��-� Referred To Committee: Date Out of Committee By Date 5 . That the petitioner shall pay $500 . 00 administrative costs for this vacation which is due and payable within 60 days of the publication date of this resolution. 6 . That a specific easement be retained within the vacation area to protect the interest of Northern States Power Company. 7 . That the petitioner, its successors or assigns, by acceptance of the terms and conditions of this vacation, agrees 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 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 . 8 . That the petitioner 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 . COUNC[LMEN Requested by Department of: Yeas pfeW Nays � Nicosia ln Favor Rettma�""�� Scheibel Sonne�� _ Against BY Tedesco W���°� 6 1987 a�AN — Form Approv City Att rne Adopted by Council: Date CertiEied Vas e uncil S tar BY � `� � Bp Approv d y :Vlavor: Date J — Approved by Mayor for Submission to Council B - — BY Pl.a��!�HED JAi`� � � ;��37 � . . - . , �I�"�7"�� ����=• o,• CITY OF SAINT PAUL �` '�� OFFICE OF THE CITY ATTORNEY � �nuimu ,� �` "" 101 " EDWARD P. STARR, CITY ATTORNEY �,: �°� ,'f�,,�Q���-s 647 City Hall, Saint Paul, Minnesota 55102 612-298-5121 GEORGE LATIMER MAYOR December 15, 1986 Albert B. Olson City Clerk Room 386 St. Paul, MN 55102 Re: Vacating Property East Ninth & Between Cedar & Wabasha Dear Mr. Olson: Enclosed please find Council Resolution regarding the above, which you requested in your letter of December 9th. Yours very truly, JO . CCORMI Assistant City Attorney JBMcC/mf enclosure