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87-35 ` WHITE - CITV CLERK PINK - FINANCE G I TY OF SA I NT PA LT L Council � C4NAi7V - D�PARTMENT File NO. �� �� BLUE -MAVOR Valuationsv-tRoom 2�8 Counc ' Reso tion � � � Presented By ' � Referred To Committee: Date Out of Committee By Date RESOLVED, That afte_r a hes'�r-�ng �nd consideration _cZf the petition of Lancex--and Associaces as per �ile No. 24-1986, ror tht v��dc-�oi� of Pine Streer ��om Kellogg Boulevard norcii �u t�`� �����;�� �� -che alley and also a one-foot strip along the eas� side of Broadway between Kellogg and Prince Streets, all bounded by Broadway, Prince, Olive and Kellogg; the City Council of the City of Saint Paul hereby vacates and discontinues as a public street, the property described more specifically as follows : Parcel No. 1 �xcept 'che southwesterly 20 feet; all that part of Pine Street lying southeasterly of the southwesterly extension of the centerline of the alley in Block 62 and northwesterly of Kellogg Blvd. , in Kittson' s Addition to Sain� Paul, and all of the easement in the land necessary for the slopes, cuts and fills, including the right of removal of lateral support from subject land or remainder thereof occasioned by excavation thereof or construction of slopes in the grading of said rights-of-way lying within or adjacent -�o said vacated area described above. Parcel No. 2 All that part of the northeasterly one foot of Broadway Street adjoining Lot 5, Block 61, Kittson' s Addition to Saint Paul lying between southwesterly extension of the southeasterly line of said Lot 5 and a line 32 feet northwesterly of and parallel to said southeas�erly line. COUNCILMEN Requested by Department of: Yeas p�eW Nays N�cos�a Finance & Mana m ' Rettman In Favo[ � Scheibel ' Sonnen __ Agal[1St BY Director Tedesco Wilson Adopted by Council: Date Form App oved by City At orney Certified Yassed by Council Secretary BY ' g�, Approved by Mavor: Date _ App v y Mayor for Sub ssio ouncil BY - - — � • WHITE - C�TV CLERK PINK - FINANCE G I TY O F SA I NT PA U L Council � ` �S. C4NI�RV - OEPARTMENT BLUE � t.fiAVOR File NO• Valuati nsy-tRoom 218 ��u CZ` Res lution (�) � � i Presented By l Referred To Committee: Date Out of Committee By Date 6. That the petitioner and his contractor shall pay all costs and expenses for the constructioin of a sidewalk along the northwesterly side of Kellogg Boulevard from the northeasterly line of Broadway to the northeasterly line of Pine Street. Al1 work shall be subject to the approval of the Department of Public Works. 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 -`rom 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 . That the third party agreement acquiescing to this vacation is attached hereto and made a part of this vacation by this reference . COUNCILMEN Requested by Department of: Yeas p�eW Nays Nicosia �_ (n Favor F' e & M m nt S r ' Rettman Scheibel Sonnen __ AgBinst BY Director redesco Wilson �IAN 1 3 �987 Form Appr ved City Attor y Adopted by Council: Date Certified Ya:• ncil S e BY �2 By- c Appro e :Navor. Da e _ � �� � 5 �98? p►PP� � d by Mayor for Subm' sion o C cil BY - — By , PDRI.�SHED ,_)A"J ?� 4 1987 ,Fiaan�ce � i�tgmt. Services DEPARTMEN� ' ��'��� _ � 826 �Dick McCann CONTACT 298-5317 PHONE Dec 19, 1986 DATE ��� �� I �SSIGN NUhBER FOR ROI�TING ORDER (Cl�p All Locations for Si ature) : - Dejiartment' Dire�ctor ,� Director of Management/Mayor _1 Finance and Management Services Director � 4 City Clerk Budget:�Director � 3 Cbrfa Nicosia City Attorney _ k(HAT�WILL BE ACHdEYED .BY TAKING ACTI.ON ON THE AT'TACHED MATERIALS? (Purpose/ Rationale); Adopt resolutiott bacating part of Pine 3treet between Priace and �ellogg Blv� which was approved by the Council �n Dec 16, 1986. The vaaated area is bounded bq Broadway Kellogg, Frince and Olive. � RECENED �.., COST/BENEFIT, BUDGETARY AND PERSONNEL IMPACTS ANTICIPATED: � ` �E e 2 4 ��6 OF�ICE OF THE DIRECTOR $12,110.00 Bea�fit to the city DEP�RTMENT pF FfN,��E . . �WD M�n��wr S�E� , . RECENED . 0EC Z 4 � : Ma�ott�s a����� � FINANCING SOURCE AND BUDGET J4CTIVITY NUN�ER CHARGED OR CREDITED: (Mayor's signa- � tuwe not re- Total Amo�nt-of 'Transaction: quired if urrder � �10,000) Fu�ding Source: - Activity Number: 4Q250-2833-000 � • ���,,����n ATTACHMENTS (List and Number All Attachments) : 1. Resolution � ��a g � 2. Map �OINVCILMAN � CHRIS NICOSIA DEPARTMENT REVIEW CITY A1'TORNEY REVIEW x Yes No Council Resolution Required? ' Resolution Required? Yes Pio � Yes � No Insurance Required? Insurance Sufficient? Yes No Yes x No Insurance Attached: (SEE •REVERSE SIDE FOR INSTRUCTIONS) Revised 12/84 � l. That the vacation be subject to all the terms and conditions of Chapter 130, codified March 1, 1981, of the St. Paul Legislative Code, as amended. 2 . That the land described in Parcel No. 2 above is being vacated to accommodate a building encroachment and that upon removal, reconstruction, alteration, demolition or otherwise non-existence of the encroaching building the vacated land in Parcel No. 2 shall revert to the City of Saint Paul as street right-of-way without cost or charges to the City. 3 . That a permanent sewer easement be retained on behalf of the City of Saint Paul, Department of Public Works, within the vacated area 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 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 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 reserved easement, arising out of or resulting from any action or negligence of the petitioner, its employees, agents or business invitees . 4 . That a specific easement be retained within the vacated area to protect the interest of Northern States Power Company. 5 ' That the petitioner shall pay the City of Saint Paul $12, 110 . 00 as compensation for this vacation which is due and payable within 60 days of the publication date of this resolution. � CZ� ��l� �ti � '��i_ \ � \ �' � / , " \ � . � . ;� ��3 ; � ,.'t . \ ,:- x/ � ,� :� �` y ��� �Gj / :w , � �� �7 ;;,y• , � � c� � �° (/�► �' � '� � , � � �� /`�� � b `�� � . � ' !0 RS.�/ y`°� \ i � /r (5) \ � � �� b �� '�/ '. � � �• � . 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