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87-708 WHITE - CITV CLERK PINK - FINANCE G I TY OF SA I NT PA U L Council C4NA.^V - DE$ARTMENT */7 BLUE� - MAVOR � FlIC NO• �� ` Valuationsy-tRoom 218 �QUn 'l Reso ution (AndrewRealt}� �( RM) `"') X Presented By � C7f U Referred To Committee: Date Out of Committee By Date RSSOLVED , that upon the petition of Andrew Realty Corporation and Northern Malleable Iron Company, per File No. 9- 1987 , that part of Wells Street between Arcade and Mendota and also part of the alley in Block 2 in Williams Rearrangement of Block 7 and part of Block 4, Nelson's Addition, hereinafter described be and the same are hereby vacated an8 discontinued as public r�.gh_t�o€-;aay - That the vacated area be described as follows: All that part of Wells Street frora Arcade Street to Mendota Street. Also all that part of the alley in block 2 adjoining lots 1, 2, 35 and 36 except the west 13 feet thereof. Williams Rearrangement of Block 7 and part of Block 4 , Nelson's Addition to the City of St. Paul; also 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 to said vacated area described above. 1. 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 a permanent water utility easement be retained on behalf of the City of Saint Paul, Board of Water Commisssioners over, under, and across the westerly 310 feet of vacated Wells Street subject to the following restrictions: COUNCILMEN Requested by Department of: Yeas p�eW Nays Nicosia ln Favor Rettman � Scheibel Sonnen __ Against By Director Tedesco Wilson Form Appr ved by ttorne Adopted by Council: Date C L/� � � g� Certified Vassed by Council Secretary BY '� �� By- Approved by Ylavor: Date _ Appro y Mayor for Sub si to Qouncil BY - - — B Pt1BliSl�D �`�'%�� ? 1�8 , . � _ . . � , %;�--� ;��. ��'. 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 Water Utility. c. No change in surfacing within the easement area is permitted , without written permission from the Water Utility. d . That the petitioner , Andrew Realty Corporation, 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 . 3. That a permanent sewer easement be retained on behalf of the City of Saint Paul , Department of Public Works within the vacated area of Wells 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, Andrew Realty Corporation, 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 2 . . � .- � , t;� �:r_ ��y 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 of Wells Street to protect the interest of Northern States Power Company Electric Division. 5 . That the petitioner , Andrew Realty Corporation, shall be responsible for all cost and expenses in the closing off of the vacated areas including but not limited to costs related to the construction of curbs, boulevards, sidewalks and drainage facilities as deemed necessary by the Department of Public Works . 6 . That the petitioner , Andrew Realty Corporation shall pay to the City of Saint Paul $11, 232 as compensation for this vacation. Said compensation is due and payable within 60 days of the publication date of this resolution. 7 . That the petitioner , Andrew Realty Corporation, 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 3 WHITE - CITV CLERK PINK - FINANCE G I TY OF SA I NT PA LT L Council /� CA:NyA�RV� -OZGARTMENT /{�/� �/J B L U t - M A V O R � F I�C N O. v �- " � Valuationsy-tRoom 218 Council Resolution (Andrew Realty) (RM) Presented By Referred To Committee: Date Out of Committee By Date 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 petitioners, Andrew Realty Corporation and Northern Malleable Iron Company 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 . COUNCILMEN Requested by Department of: Yeas pfeW Nays Nicosia lR Favo[ Rettman r � Scheibel Sonnen �_ Ageiflst BY •. rector Tedesco Wilson Adopted by Council: Date �aY � � �_ Form Appro ed by torney Certified • sed by Council S cretary By C � $ . By� rt-G� Appro by :Navor: Date � AI 2 � ��v7 APProv d y Mayor for Sub ' io to�.ouncil "'�� By _ B pltBl{Sl�D «r�Y � a �987 � �7 ya� �.V'° Og3'78 DepartmenE of Finance � Mgmt. Servic��pARTMENT ; _. � ' � ni'ck McCann CONTACT ,..,� 298-5317 PHONE � , , _ May 4, 1987 DATE � �� e e ASSIGN NUl�BER FOR ROUTING_ ORpER (C1 ip Al.l Locat�ons for Si:g�a�ture) : . �partment Director �� Dfirector of Management/Mayor � Finance and Management Services Director� � 3 City Clerk Budget. Director `. `_ City Attorney . •. .. WHAT WILL BE ACHtEVED BY TAKING AC]'ION ON THE ATTACHED MATERIALS? (Purpose/ . ; 1 Rationale) : Council to adopt Yesolution vecating part of Wells street from A�cade to I�endota, 'which � was approved b� the Council on April 21, 1987. � s�� .. `` RECE►VED . y COST/BENEFIT, BUDGETARY AND PERSQNNEI� ;�MPACTS ANTICIPATED� ` MA1' 4 1987 $11,232. benefit to t he City OFFj�E RECEIVED �D PART1►4ENt p D1RF�T�R �NAGEHjE�yT fR�CE$ . MAY p 41987 IIAkYOR'S O�FICE FINANCING SOURCE AND BUDGET ACTIVITY NUNBER (�IARGED OR CREDITED: (Mayor's signa- ture not re-. Total Amount��o� "Transaction: quired i� under � $10,000) . Funding� Source: _ Activity Number: 00�50-2833-000 ATTACHMENTS (List and Number All Attachments) : 1. Resolution � 2. Map . ' . DEPARTMENT REVIEW C�TY ATTORNEY REVIEW �Yes No Council Resolution Required? ' Resolution Required? Yes No Yes x No Insurance Required? Insurance Sufficient? Yes No Yes '� No In�urance Attached: � (SEE •REVERSE SI� FOR INSTRUCTIONS) _ Revised 12/84 - . - . � � • • - �,c�y�7o.B __. : �._ � � j :�es �"� ._..�.__.r----� _. 'r . t�3 C .--r- . ; . i � � _� _ ��.�j.�.__ ,�� ` � t �/ �(t�� .� � ��J ._�-�-gy---••--�7"" ' !il Z'�J . , �T�� . \ %, 'i l' / .� ; � i � � � ; 'I , - i� �Q � 5 ' � � . � � � � cJ � � �� 1' 3�C- . � � ,�,� !2 j � �n ��. �_ � � �y�,4 � � �� , io � � ; � s � :, � � "� ti �� ,; �� ..; ; , !- �i � ..� " .r -'� I i 1i124��23� i ;��, i ��L�� _� ; � �f�� , '- �.. _ i , ��A. ; �1. . �\. I I�t �' . 1''u�' � ' '�y � I � i_I1 1;T,, i I i i � (t � � � N` � � z: ; i � � �1 i _ —_ — — — — —'--t��-- (w � If-�• ��,r0 h� . � . �1! '/ i i `�� =�� !fiL L'rC Iio � V, �� ;��j 7; � � �4 ! „�� I . � � � I � �' 2 3 i _� '.r. S �� I 13 i,� _ i i , � � . � �� '4a; N �Y� ..,r ! .,N ,y i j T.I �2 r � i i � j�._� ;� 2 _� � ; �- � �: � , ; � . � � ,� ? I � - � � 5 • N•(/J*�; %Y3 —��n I i � �' ' � ! j �ZI4�� j �27 f'; 2J (24 � IJ '� �4� i �.. �,�, 1_ ,�,,.�n� i4 � I� � �T � �8�.1'%19 20 i 2 � 2? ; 2 � E . ;��oi I ' I ;; ' � � -_�_-FS) ;'e�l � � ;� � �,�,Z, � s, i � � � � �_ (µ; � �- = �'- � ; i . , � � rya,ry � c�1 � �f3�� I�i38ii>' `'�t-O� �(Sj� �` / � � � � �;47� I � �=�5 �t3�� I I � � � E33( �I I �� G,�6. (°C � ['�. � 95 '�YSG �3 ; I ,. � I n � �33 3 _S'o i . �G � i - `� I ��52� � � - -� YoRK �- _ _ _ _ __ _ _ _ _ _ - � .� - >> 9 I 33 ,� �� ,. „ i .. .. , .. .. .. 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L _ - - 1 ! � � �� _ o�ti` z:�9 i�— ^' T_'—, � _ r _ �-� - .T - � - � - - i3 i 1 � : � r � . , . , _ . � � � , � � , i � -�-- { I � o g5op o � � � ' � ;�Bc�; .�.� ,,^ 20 ` I � I I I (l49) � 3GS � I i ' `.s�i �9�,7�11` J� � � � !_ �9 I 21 � Q2 23 i 24 � 25 I 26 27 � 26 I 29 30 31� 2 33 ! 34 35 ;3E� f ;Qf, _; 4� � �% I ! � ! ; � I y ! �;��j`� � � ' ( ��' ; ;en I I I " I ! � � I •• I 33 � zf.��• /= � i �� 9 � .:3 . . . ., . . .. 1 2 9 3 3S 9�4 i To Te I = 3$O� 97)°�or 8.75 o.c., J V 3� AREA PETITIONED m � TO BE VACATED `�S�i ( ' ��S°/ iz 1 _`�� 00 � . 1 . � . �; .-, , __ ___ ___ __ � , T 2 ,� � ; t,� � 3 1�.��7�- c r i._� a.a . i m � , � , I . , I f . . : 1i7, loc°�� `o . - - c.;��d� � , o � . -'� . � � , : � ---- ---- � ,I ----Y1�.i�f ---- ' � �, �•, c .•�� 2�� .u7 ��i. n� "T 7 F �Q� : "� 7-i, . . _---- ------ _ __-1.---- -