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86-65 . WHITE -�CITV CI.ERK � COlIflC1I / PINK - FINANCE GITY OF SAINT PALTL � g!p� CANARV - DEPARTMENT � � BLISE - MAVOR Flle NO• � C ncil esolution c � Presented By " Referred To Committee: Date Out of Committee By Date RESOLVED, that upon the petition of Northern States Power Co. per File No. 16-1985, to vacate Smith Avenue between Shepard Road and Hill Street hereinafter described be and the same are hereby vacated and discontinued as a public street: All that part of Smith Avenue lying northwesterly of a line drawn from a point on the northeasterly line of said Smith Avenue nineteen feet (19 ' ) north- westerly from the intersection of the northwesterly line of Shepard Road and the northeasterly line of Smith Avenue , when measured along the northeasterly line of said Smith Avenue , to a point on the south- westerly line of said Smith Avenue twenty-six (26 ' ) feet northwesterly of the intersection of the south- westerly line of said Smith Avenue and the north- westerly line of said Shepard Road, when measured along the southwesterly line of said Smith Avenue, and lying southeasterly of the southeasterly line of Hill Street; all in Northern States Power Co' s. plat. Subject expressly to the following conditions and reservations: 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 easement for Water Utility purposes be retained on behalf of the City of Saint Paul, Board of Water Commissioners on, over, under and across Smith Avenue between the North right-of-way line of vacated St. Clair Avenue and the northwesterly right-of-way line of Shepard Road within the vacated area of said Smith Avenue and subject to the following restrictions: COUNC[LMEN Requested by Department of: Yeas p�eW Nays nnasanz in Favor Nicosia Scheibel Sonnen _ A g8lnst BY Tedesco Wiison Adopted by Council: Date Form Approve ity AttorneL��' Certified Passed by Council Secretary BY �-� �`�� By Approved by fi�(avor: Date App by Mayor for Sub ' s n to Council By �NHITE -�'CITV CLERK PINK - FINANCE G I TY OF SA I NT PA U L Council D,+ _�-� . BLl1ERV - MAPORTMENT � /� � File N 0. ' Re�urn copy to: CQU il Resolution Valuations — Room 218 ^ . .,, Presented By Referred To Committee: Date Out of Committee By Date -2- 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 per- mitted without written permission from the Water Utility. d. That the Petitioners , their 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 said Smith Avenue and subject to the following restrictions : COUNCILMEIV Requested by Department of: Yeas Drew Nays Masanz [n Favor Nicosia Scheibel Sonr,en _ Against BY irector Tedesco Wilson Form App ved by City Attorney Adopted by Council: Date C Certified Passed by Council Secretary BY gy, A►pproved by Mavor: Date App ed by Mayor for Sub ' i to Council By B . WHITE �CITV CLERK PINK - FINANC£ COIIACII CANARY� DEPARTMENT GITY OF SAINT PAUL 1 ��-� BIrJE - MAVOR � Flle NO. Valuationsy—tRoom 218 �Vu CZ� solution . � , Presented By Referred To Committee: Date Out of Committee By- Date -3- a. No buildings , structures or trees are permitted w3.thin 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 written permission from the Director of the Department of Public Works . c. No change in surfacing within the easement area is per- mitted without written permission from the Director of the Department of Public Works . 4. That a specific easement be retained within the vacated area to protect the interest of Northwestern Bell Telephone Company. 5 . That as a condition of this vacation, Petitioner shall dedicate land to the State of Minnesota for the new High Bridge right-of-way. The legal description of this easement area is to be agreed upon between the Petitioner and the State of Minnesota. 6. The petitioner will not be required to pay compensation for this vacation as the dedication of the easement for the new High Bridge offsets the value of vacated Smith Avenue. 7 . That the petitioners , their successors or assigns , by acceptance of the terms and conditions of this vacation, agree COUNCILMEIV Requested by Department of: Yeas p�� Nays Masanz In Favor a m ic Nicosia Scheibel Sonnen _ Against BY irector Tedesco W i Ison Form Approved by Ci Attorney Adopted by Council: Date �/� � � � I�� / Certified Passed by Council Secretary BY ~^` L• gy, � Approved by Ylavor: Date Appr e by Mayor for Submis Council BY B � WHITE - CITY CLERK PINK . - FINANCE GITY OF SAINT PAiTL Council �} � CANqRV�+- DEPARTMENT y��-/!ti � BLIqE - MAVOR . � F1Ie NO. 0 �� Re�urn copy to: COU il Re lution Valuations - Room 218 � � � Presented By Referred To Committee: Date Out of Committee By Date -4- to indemnify, defend and save harmless the City of Saint Paul, its officers and employees from all suits , actions or claims of any character, including but not limited to , a claim brought because of any injuries or damages received or sustained by any person, persons , or property, on account of this vacation; or because of any injuries or damages received or sustained by any person, persons or property, on account of this vacation; or because of any act or omission, neglect or misconduct of the Petitioners or because of any claims or liability arising from or based on any violation of any law or regulation made in accordance with the law whether by the Petitioners or any of their agents or employees . COUNC[LMEN Requested by Department of: Yeas Drew Nays �.��,��.�,�- na ement vi s Nicosia [n Favor Scheibel �. sonnen _ Against BY irector Tedesco W i Ison Adopted by Council: Date .��2 1 �9g� Form Ap oved by rt Attorney „ L�� Certified Ya: �by ouncil S tary BY � gy, F;�,; � � ��.� A►pp by iNavor: Date � � '' ` `' � F" Appr by Mayor for Submi i to C uns,il � By B PUBLISHED �E B 1 - 1986 ~Fi gmt. Services DE�ARTMENT • l��/ 0 . _ N. 3663 Dick McCann- CONTACT 298-S 3'17 PHON E Jan 8, 1986 DATE 1 �� Qr � ASSIGN NUh�ER FOR ROUTING ORDER (Clip All Locations for Signature) : Department Director � Director of Management/Mayor ,�Finance and Management Services Director 4 City Clerk Budget Director � (`nun�ilmnn N cesia City Attorney WHAT WILL BE ACHIEVED BY TAKING ACTION ON THE ATTACHED MATERIALS? (Purpose/ Rationale) : Approved resolution vacating part o.-f Smith Ave adopted by the Council on Dec 19, 1985. ��Y `�� :_ RECEIVED �,,, COST/BENEFIT, BUDGETARY AND PE,RSONNEL IMPACTS ANTICIPATED: JAN 1 0 1986 None � �FF10E OF THE DIRECTOR ��:;:.j j�� DEPARTMfIVT OF FINqNCE AND MANqGEMENT SERy10ES � ��'� � � I��D rnaYO��s o�F�cE FINANCING SOURCE AND Bl1DGET ACTIVITY NUMBER CHARGED OR CREDITED: (Mayor's signa- ture not re- Total Amount of Transaction: quired if under $10,00Q) Funding Source: N/A Activity Number: ATTACHMENTS (List and Number All Attachments) : 1. Resolution DEPARTMENT REVIEW CITY ATTORNEY REVIEW X Yes No Council Resolution Required? Resolution Required? Yes No Yes " No Insurance Required? Insurance Sufficient? Yes No Yes �No Insurance Attached: (SEE REVERSE SIDE FOR INSTRUCTIONS) Revised 12/84