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86-1113 WHITE - C�TV �LERK PINK -fINANCE G I TY O F SA I NT PA LT L Council /{/�, CANARV - DEbARTMENT File NO• uv rI//� BLUE - MAVOR Return copy to: CO cil R olution �� Valuations - Room 2 8 ��M) . i � Presented By ` Referred To Committee: Date Out of Committ e By Date RESO VED, that upon the petition of Hamline University, �hat sect on of public street hereinafter described, be and the same here y is vacated and discontinued as a public street: Al1 �hat part of Simpson Street, as originally platted in College Place East Division, lying north of Taylor Street and south of Pierce Butler Route; subject e pressly to the following conditions and reservations: 1. � That the vacation be subject to all the terms and condi- tions of hapter 130, codified March 1, 1981 of the St. Paul Legis- lative Co e, as amended. 2 . That the petitioner and his contractor shall pay all costs andlexpenses incurred for the const:�uction of an access driveway in the vacated area) for the benefit of Northern States Power Com any to provide access for 'their easement including but not limit d to costsrelated to grading, paving, curb cuts and sidewalk nstallation, private driveway signs and drainage. All work hall be done in accordance wi-th applicable codes and ordinance and shall be subject to the approval of the Departinent of Public Works . 3 . That the petitioner shall make application wi-�hin 60 days of -� e publication date of this resolution, wi�th the Depart- ment of P blic Wor}cs, Sewer Division to �.ake responsibility for -the priva e operation, maintenance and repair of the sewers within the vacat d area of Simpson Street. Petitioner shall pay all costs and expen es in the operation, maintenance and repair of these sewers in' accordance wi�h all applicable codes and ordinances and �o the sa isfaction and approval of the Public Works Sewer Engineer. COUNC[LMEN Requested by Department of: Yeas Drew Nay Nicosia [n Favor Finance & Mana ement S vice Rettman Scheibel sor,�e� __ Against BY Director Tedesco n � Wilson �L�BD Form Appr ved 'ty Attorn Adopted by Council: Date Certified Passed by Coun .il Secretary BY � � 2S B}� ( Approved by Yfavor: Da — Appr by Mayor for Submi ` BY - - — I I , . •, - �,_-�- ,�,� Page 2 4 . �IThat the petitioner shall within 60 days of the date of public tion of this resolution grant by recordable deed, to the City f Saint Paul, an easement for fire emergency vehicles on, over 'nd across the following described land: The West 34 feet of Lots 8, 9, 10 and 11, IBlock 4, College Place East Division. The orm of the easement document must be approved by the City Atto ney. 5 . That the petitioner and his contractor shall pay all costs and '' expenses incurred for constructionof this fire emergency vehicle e sement including but not limited to costs related to grading, aving and/or surfacing, curb cuts, sidewalk replacement and drain ge. All work shall be subject to the approval of the Departmen ' of Public works and the Department of Fire and Safety Services. ' 6 . That the fire emergency easement shall be subject to the follo '' ing conditions : a. That the petitioner shall be solely responsible for maintaini g the fire emergency easement at all times, including removing now and debris therefrom. Petitioner, its successors or assign , by acceptance of the terms and conditions of this vacation, lagrees to indemnify, defend and save harmless the City of Saint aul, its officers, agents and employees from all suits, actions o claims of any character arising out of the condition of this f ' re lane even though such condition may be the result of damage caused by emergency vehicles. b. Said fire emergency easement shall be clearly posted with "NO ARKING" signs. c . That the fire emergency easement shall be constructed to meet t e requirements of an all weather road. 7 . That the petitioner and his contractor shall pay all costs and expenses for the construction of a vehicle turn-a-round with a 40 foot minimum radius and a surface capable of handling vehicles ith 33 , 000 lb. axle group loading. Said turn-a-round shall be onstructed within the Northern States Power Company' s Substatio� located over Lots 12 , 13, 14 , Block 4 , College Place East Divi ion. Location of this turn-a-round shall be determined by Northe n States Power Company Substation Engineering Department. �� l� � ti� I . _ • (!�d�_ �� 3 . Page 3 8 . That the petitioner shall pay all costs and expense for the removal of an existing street light on a Northern States Power pol� located along the west side of vacated Simpson Street. Petitione shall contact Traffic and Lighting Division of Public Works reg rding the removal of this light. 9 . That a permanent water utility easement be retained on behalf �of the City of Saint Paul, Board of Water Commissioners within the vacated area subject to the following conditions : a. i o 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. I, o change from the existing grade is permitted without written pe mission from the Water Utility. c. o change in surfacing within the easement area is per- mitted wi� out written permission from the Water Utility. d. 11 necessary maintenance, repairs or replacement of street ser, ice connections (existing or future) shall be borne by the owr�� r of the respective property served, at their sole cost and e pense and subject to all codes and regulations now in force a d hereinafter mandated by the City of Saint Paul Board of Water G mmissioners . e. I hat the petitioner, its successors and assigns shall fully inde nify, defend and save harmless the Board of Water Commission, rs, its officers, agents, employees, and servants from all suits,l 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 resu ting from any action or negligence of the petitioner, its employ es, agents or business invitees . 10 , hat a specific easement be retained within the vacated area to pr tect the interest of Northern States Power Company. 11 . hat the petitioner pay to the City of Saint Paul $2 , 207 .00 ' s compensation for this vacation which is due and payable wi' hin 60 days of the publication date of this resolution. � �� '� WHITE - CITV CIERK PINI( -RINANCE GITY OF SAINT PAUL Council . �/y��/ /// CANAf�V - O�PARTMENT File NO. ��+ �g �� BLUE -MAVOR Return copy to: COU il Re lution Valuations - Room 2! 8 �� . Presented By Referred To Committee: Date Out of Commit e By Date Page 4 12 . That the pe�titioner, i-ts successors or assigns, by acceptanc of the terms and conditions of this vacation, agrees to indemn fy, defend and save harmless 'the City of Saint Paul, its offic .rs and em�loyees from all sui�ts, actions or claims of any chara ter, including but not limited to a claim brought because of this v cation, by any persons or property; or because of any act or om ssion; neglect or misconduct of said petitioner or be- cause of ny claims or liability arising from or based on any violation' of any law or regulation made in accordance with the law wheth r by the petitioner or any of its agents or employees. 13 . That the petitioner shall within 60 days of the publica- tion date of this resolution file with the Ci�y Clerk an acceptance in writin of the conditions of this resolu�ion and shall within the perio ( s) specified in the terms and conditions of this resolu- tion comp y in all respects with these terms and condi-cions. 14 . By acceptance of the conditions of this resolution, the petit oner agrees to cooperate with the City' s future plans for sewer separation which may involve the acquisition of cer-tain land owne by the peti'tioner. �I � i COUNCILMEN Requested by Department of: Yeas p�eW Nay � Nicosia Finance & Mana ement r e Rettman �R FavOi � tahsibeF' so��e� � __ A ainst BY Director g Tedesco Wilson Adopted by Council: Date �uG 7 - 1986 Form Appr ed ity Attorney Certified Ya.s d y oun 1 Se e r By C �'� � By �� Appro by .Navor: Dat �G 1 1 1986 Appro y Mayor for Subm'ss' to ou�il BY - — BY � i pUBUSHEO AU G 16 1986 Finance � Mgmt. Se icea pEpARTN1ENT 0� �r�� N° 45114 � , _ - - Dick McCann CONTACT ;� � _ 298-5317 PNONE . July 25, 1986 DATE �� i . ,- � I�SSIGN NUhBER FOR R0. I,N ORDER Cli All Locations for Si natu.re s - ` Department Di ct r 2 Director of Manage�lent/Mayor � Finance and nag e�t Services Director � 4 City Clerk Budget Direct r 3 Councilman Nicoeia City Attorney . ; WHAT WILL BE AC I VfD BY TAKING ACTION ON THE ATTACHED MATERIALS? (Purpose/ Rationale) : Adopt reaolutio va ating part of Simpaon SCreet between Taylor St: and Pi.erce Butler Rt. which was appro ed y the council on July 17, 19$6. i _ , �- RECE��p � �� 1 �` •�-�"" :,IUC 2 81986 . EPA/CE pF rHE DIRE�O COST BENEFIT BU ET Y AND PERSONNEL IMPACTS ANTICIPATED: f�7'MENT QF R AN0 MANAGEIMENT�ANCE $2,207.00 Benefi�t ,V��,7 SE�IC�g - C��G� .1��0 . J��-�' C� I ��yr�'s o�� _ . � FINANCING SOURCE AND UDGET ACTIVITY NUNBER CHARGED OR CREDITED: (Mayor's signa- ture not re-, Total Amount f'T nsaction: quired if under � $10,00�) Fundi;ng Sourc : 00250-2833-000 Activity Numb r: • ATTACHMfNTS Lis an Nu ber Al1 Attachments : � 1. Reaolution � 2. Map DEPARTMENT REVIE CITY ATTORNEY REVIEW �. x Yes No Co nci Resolution Required? ' Resolution Required? „ Yes No Yes x No In ura e Required? Insura�ce Sufficient? � Yes No Yes x No In ura ce Attached: ' � . . . . °:� (SEE •REVERSE SIDE FOR INSTRUCTIONS) - � � � .,� Revised 12/84 � : �s_ .r t.'�Paa .,e, � s� �,�-_� . " ` �`� �.'� �-�– l//`3 `-` � "�^ � � �"" - � � � � �; : � i � o � � � �4 � � o A '4 :� � �� , � � '�o �, � 3 2 ,' . - � ►� ° � �� ` (�t� Z � � � i � r� i �, � � - -��v o � - -- _ � - � � O - i2 3 ! iZ �5� 3 � �� - - , �. � ii 4 � � � � i � ,�� 4 `� Q ; � � � ,' � � o ,�o ,.o �� . a � 10 J �`� 10 s? ,"�> 5 � _ r � v -- - J -� , `— i4� . 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