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87-1827 `�/ WHITE - CITV CLERK PINKr - FFWANC�E � CO�l/ICIl (p/� CANARV - O'EPARTMENT GITY OF SAIL�TT PAUL File NO. v � �� BLUE - MAVOR Return copy to: � Valuations - Room 2�8 Council Resolution ��, (19-1987) (RM) / / �° Presentedl By ���� Referred To Committee: Date. Out of Committee By Date RESOLVED, that upon the petition of John Schultz, per file riumber 19-1987, that part of Thorn Street between Mounds Street and Earl Street, hereinafter described be and the same is hereby vacated and discontinued as public property. That the vacated area be described as follows : All that part of Thorn Street from Mound Street to the westerly line , extended southerly of Lot 10, Block 26, Suburban Hills 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 the petitioner shall pay $1,000.00 as compensation for this vacation which is due and payable within 60 days of the publication date of this resolution. 3 . That a permanent Water Utility easement be retained on behalf of the City of Saint Paul , Board of Water Com missioners, on, over, under and across the southerly 30 feet of the northerly 35 feet of the vacated area subjeet 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 water � facilities for maintenance purposes . b . No change from the existing grade is permitted without written permission from the Water Utility. CQUNCILMEN Requested by Department of: Yeas D7tew Nays Nicosia Finance & Mana emen Services Rettman In Favor � SCheibel Director Sonnen Against BY ' Weida Wilson Form Appro by 'ty Attor ey Adopted by Council: Date C Certified Passed by Council Secretary BY ' By� Approvec9 by Mavor: Date Approved y May f ission to Council ` By �� - � � � �'���%'-��� �. � c . No change in surfacing within the easement area is permitted without written permission from the Water Utility . d . That the petitioner , its successors and assigns shall fully idemnify, 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 . 4 . That a permanent easement for snow storage , manhole access and sidewalk purposes be retained on behalf of the City of Saint Paul, Department of Public Works over the easterly 20 feet of 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 ehange 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 Departent of Public Works . d . That the petitioner hereby agrees to 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 in said reserved easement, arising out of or resulting from any action or negligence of the petitioner , its employees , agents or business invitees . 5 . That a specific easement be retained within the vacated area to protect the interests of Northern States Power Company Electrie Division . 6 . That the petitioner , its successors or assigns , by acceptance of the terms and conditions of this vacation, � ..� .lC� `�1� ` � WHITE - C�TV CIERK PINK • - FINANCE GITY OF SAINT PAUL Council .- n7 ��.' CANARV - D�EPARTMENT File NO• d� BLUE - MAVOR Valuatio�lsy-tRoom 2�8 Council Resolution (19-1987) (RM) Presentedl By Referred To Committee: Date Out of Committee By Date 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 in�uries or damages received or sustained by any person, persons , or property on aceount 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 fr,om any violation of any law or regulation made in accordance with the law whether by the petitioner or any of its agents or employees . 7. 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 . CO'�UNCILMEN Requested by Department of: Yeas �l�T� Nays Ni,cosia Fina & Ma.na emen Servic �n [n Favor • Scheibel � Against BY Director Sonnen Weida Wilson DEC 2 91�5� Form Appr e ity Atto ey Adopted by Council: Date Certified Pas e cil Secr y BY � 2 �, By 1 �p A rov y Mavor: r� � �70� Approved by Mayor for Submission to Council By pt18t.1S�lED '^N - 9 1988 �iM�lORY ;'��i1/IOAR�ANtXJ1TiGN1PRMiqPALS: � :�. . - BTAICEFIOLD618(L�t) Pwn10N l± .a1',.'"� i-iMlll.�(vn'9 w►n01WE t?unnr�s�W�i�pune�ns) FINANCIAL IMRACT �r rewr+ts�offie� sEC�o r�►es rio�s: ovEw►�Btroc�r: �g���„� ................................... .....::. ....... f QD� . . ��: Saleries/Fringe Benefits........................................................ EQ���.............................................................................. S�PP�&......::.........:....................:..........................:.......:....... ,. ' Contrec�s for Service............................................................. Olher PROFIT(LOSS) ............................................................................... FIMIDIN(i SOURCE FOR ANY LOS.S(Nartie and M�o�x�t) CAPIi/1L MAPROVEIIEM BllDGET: DESIGNCOSTS................................................................................ :_ A((�!!p&TION COS'FS...................... _ . CONST1iUCitON C08T3 ................................................................ � ��.................................................................................................... St)lIRCE OF FUNDMiO(Name ar�d M�ouM) WPACT ON BW(iET: _. ._ A#AOUNT CURRlNTLY 8UQ(iE7ED.,_ _ ...:.................:.... ......:: _ _ _ . ,,, _ IIMOUNT IN EXCE93 OF CURRFI�R BWOET ............................ : , _ SOIJRCE OF AMOUrii OVER BUDOEf...............:........................ PROPERTY TAXES GEN�RATED (t O�� ......... Y�LEIIEJ�ITATION R[�ONSI�LRY• � DEPT/OFFICE D)VISION FUND TI7LE .. .. .. . . . . . . BUDOET ACTIVITY NUMBER 8 TITLE :. �..�� .. ACTIVITY MANAQER . . . ..'- . - HOW PERFORAIANCE WILL BE YEASURFD?: �RAN 08JEC11VES: PRO�ii11AM NlDICATOR.4 18T YR. 2PID YR. EYALUAiWN F�9P0!l81B�[lY;. . . PER$qN`�� � . - .. '. � . � DEPT.� . � � PHONE NO. �TO CO/AMC�Olr � .-DA. � N/A ��Y :.: __ _ _ _. r � � � k ������ --------�----------------------- AGENDA ITEMS -------------------------------- --------------,------------------ -------------------------------- ID#: 87-[557 ] DATE REC: [12/15/87] AGENDA DATE: [00/00/00] ITEM #: [ ] SUBJECT: [!VACATE PART OF THORN STREET BETWEEN MOUND & EARL ST. ] C.R. STAFF: [N/A ] SIG:[WEIDA ] OUT-[X] CLERK-f6@�rQD76Q] ��'-��- ORIGINATOR:[FINANCE ] CONTACT:[DICK MC CANN - 5317 ] ACTION:[ ] C 7 C.F.# [ ] ORD.# [ ] G.S. RETURNED [00/00/00] FILE CLOSED [ ] � � � � � � � � � � � � FILE INFO: [RESOLUTION <3 PGS) ] [ ] [GREEN SHEET #100 )