87-184 WNITE - C�TV CLERK
PINK - FINANCE G I TY OF SA I NT PALT L Council �
CANARV �vDEPARTMENT u
�LUE �MAVOR File 1�0. � _/�
7
Cou cil R olution ` �-��.
� r r �' L��� _i
Presented By
Referred To Committee: Date
Out of Committee By Date
RESOLVED, that upon the Petition of the State of Minnesota,
File No. 19-1984, for the vacation of Columbus Avenue from
John Ireland Boulevard to Wabasha Street, hereinafter described
be and the same is hereby vacated and discontinued as a public
right of way upon the following terms and conditions :
That the vacated area be described as follows:
All that part of Columbus Avenue lying between John Ireland
Boulevard and Wabasha Street.
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 a permanent 25 foot wide sewer easement centered along
the center line of the vacated area be retained on behalf
of the City of Saint Paul, Department of Public Works, subject
to the following restrictions :
�. No buildings, structures or trees are permitted
within the easement area, or 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 wri�ten permission from the Director of
the Dep artment of Public Works.
c . No change in surracing within the easement area
is permitted without written permission from the
Director of the Depa�f.ment of Public Works.
-1-
COUNC[LMEN
Yeas Nays Requested by Department of:
Drew
Nicosia [n Favor
Rettman
Scheibel
Sonnen __ Ag8lflsi BY
Tedesco
Wilson
Adopted by Council: Date Form Approv y ity Attorne
�L�.sl�'/z-/$`�-
Certified Passed by Council Secretary BY
Bl�
Approved by Vlavor: Date Approved by Mayor for Submission to Council
BY - - — BY
�_- ��-���
3 . That a permanent 60-foot wide transit easement centered
along the centerline of said vacated avenue be retained
on behalf of the City of Saint Paul, Department of Planning
and Economic Development.
4 . That the petitioner shall pay all costs and expenses
for the removal of existing lighting fixtures within the
vacated area. The petitioner shall contact the City' s Traffic
and Lighting Division of Public Works regarding the removal of
these fixtures .
5 . That a permanent Water Utility easement be retained on
behalf of the City of Saint Paul, Board of Water Commissioners,
in the areas described as follows:
A permanent Water Utility easement over, under and
across the Southerly 30 feet of the Northerly 42 feet
of vacated Columbus Avenue .
A permanent Water Utility easement over, under and
across a 25-foot strip of vacated Columbus Avenue
lying between the Southwesterly line of Wabasha Street
and a line 25 feet Southwesterly of and parallel to
the Southwesterly line of Wabasha Street.
Said Water Utility easement shall be subject to the following
restrictions:
a. No buildings, structures, or trees are permitted
within the easement area, or 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 the General Manager
of the Water Utility.
c . No change in surfacing within the easement area
is permitted without written permission from the
General Manager of 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 . fi��
��ti
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G'r= ��-��y
6 . That the petitioner shall pay all costs and expenses
for the removal and/or relocation of the existing fire
hydrants located within the vacated area. The petitioner
shall contact the City' s Water Utility regarding the
disposition of these hydrants.
By petitioner' s written acceptance of the terms and
conditions of this vacation resolution, petitioner hereby
agrees to file an application for the disposition
of these hydrants with the Water Utility, said application
to be filed within 60 days of the publication date of
this resolution.
7 . That a specific easement be retained within the vacated
area to protect the interest of Northwestern Bell Telephone
Company.
8 . That the petitioner pay to the City the sum of $500 . 00
as an administration fee for processing this vacation.
Said fee shall be due and payable within 60 days of the
effective date of this resolution.
9 . 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 regulatian ma�e in accordan:ce with the
law whether by the petitioner or any of its agents or
employees .
.� C
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WHITE - C�TY CLERK
PINK - FINANCE G I TY O F SA I NT PA U L Council
CANARV - DEPARTMENT a��/D
al.U� =MqVOR File NO. d a
dind CG Ordinance 1�0.
Presented By
Referred To Committee: Date
Out of Committee By Date
10 . 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.
-4-
COUNCILMEN
Yeas Nays Requested by Department of:
Drew
�;�s;�_ [n Favor —
Rettman
s�ne'bei �' A ainst BY
Sonnen g
Tedesco
Wilson
��B � � '�(�67 Form Appro by ' y Attorney
Adopted by Council: Date
Certified Pas e cil Se e r BY c 2- 4-�
By Cp
Appr d by Mayor: Date �CD � � ��v� Approved by Mayor for Submission to Council
By By
PtlBIiSNE� `- �3 2 81987 p!��� ��'� �S���7
l,� ��-��y
'.�+,,��=• o. , CITY OF SAINT PAUL
OFFICE OF THE CITY ATTORNEY
� uru�nm ;o
�+ "" 1°° „� EDWARD P. STARR, CITY ATTORNEY
,. €
'r� �... rs 647 City Hall, Saint Paul,Minnesota 55102
'�ns.��
612-298-5121
GEORGE LATIMER
MAYOR
February 2, 1987
Albert B. Olson
City Clerk
Room 386
St. Paul, MN 55102
RE Vacating of Columbus Avenue et al
Dear Mr. Olson:
Enclosed please find the Council Resolution regarding the
above, which you requested in your letter of January 27,
1987 . Please have the Finance Department double check the
legal .
Y rs very truly,
�
JOHN B. MCCORMICK
Assistant City Attorney
JBMcC/mf
enclosure