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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 -2- � ti , 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 -3- �� ���� 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