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85-1129 WHITE - CITV CLERK PINK - FINANCE G I TY OF SA I NT PA IT L Council �/ �j C`',NARV -�OEPARTMENT File NO. ��/ //K � BLlft£ - MAVOR RETURN �OPY 1�0 VALU TIONS Co cil R lution DIVISION ROOM 218 � . Presented By 1 Referred To Committee: Date Out of Committee By Date RESO VED, that upon petition of Minnesota Public Radio (World Theater) or the va a�ion of part of Exchange Street located be- tween Wab sha and C dar Streets, per file No. 9-1985 that part of Exchange treet he ein after described be and the same is hereby vacated a d discont nued as public street: All hat part f Exchange Street lying within the following desc ibed boun aries: Comm ncing at he most Westerly corner of Tract A, Registered Land Survey Nu ber 370, according to the recorded plat ther of on fil and of record in the office of the Registrar of T' tles, Ram ey County, Minnesota; thence N 55 degrees Ol m' nute 31 econds E along the Northwesterly line of said Trac A a dist nce of 14 . 87 feet to the actual point of be- ginn ' ng of the parcel to be described; thence continuing N 55 d grees Ol inute 31 seconds E along said Northwesterly line a distanc of 30 . 00 feet to a point hereinafter referred to a Point " " ; thence N 35 degrees 05 minutes 57 seconds W ai ng a line hereinafter referred to as Line 1, a distance of 1 .49 feet; thence S 54 degrees 54 minutes 03 seconds W alon a line h reinafter referred to as Line 2 , a distance of 3 . 00 feet; thence S 35 degrees 05 minutes 57 seconds E alon a line h reinafter referred to as Line 3, a distance of 11 .4 feet,mor or less, to the actual point of beginning. Also that par of Exchange Street lying between Elevations 107 . 9 feet an 111.37 feet, City of St. Paul datum described as f llows : B ginning a said Point "A" ; thence Northwesterly along s id Line 1 to its intersection with said Line 2 ; thence S uthwester y along said Line 2 to its intersection with s id Line 3 thence Southeasterly along said Line 3 to ' COUNCILMEN Requested by Department of: Yeas Na s In Favor F ' nan and Mana e t Services __ Against BY tor Adopted by Council: Date Form Approved by ity Attorney CG'`.'�,C Certified Passed by Cou cil Secretary BY g���� gy, /�lpproved by :Vlavor: Da e _ Approved by Mayor for Submission to Council By _ _ By �, . ��� �`-�- ��� 5 th�e Northwes erly line of said Tract A; thence Southwesterly along said N rthwesterly line a distance of 4 . 83 feet; thence North esterly parallel with said Line 3 to its initersection with a line drawn parallel with and 4 .83 felet Northwe terly of said Line 2 ; thence Northeasterly al;ong said p rallel line to its intersection with a line drawn parall 1 with and 4 .83 feet Northeasterly of said Line l ; then e Southeasterly parallel with said Line 1 t its inter ection with said Northwesterly line of said T�act A; the ce Southwesterly along said Northwesterly li'ne, a dist nce of 4 . 83 feet, more or less, to said Pq�int A, whi h is also the point of beginning. l . hat the va ation kr?_ subject to all the terms and condi- tions of hapter 130, codified March l, 1981, of the St. Paul Legislati e Code, as amended. 2 . '�hat the pe itioner shall be responsible for all costs and expenses ' n the reco struction of the new street alignment necessary to accomm date said acation subject to the approval of the Director of the de artment of Public Works . 3 . Th t said vacated land accommodate the encroachment along said Exch nge Street and that upon removal, demolition or otherwise non-exist nce, said acated land shall automatically revert to the City f Saint Pa 1 as street right-of-way without cost or charges to the Ci y. 4 . T at the Petitioner shall indemnify or defend, save and hold harm ess the City of Saint Paul, its officers, appointed and elected o ficials, gents, volunteers and employees fronn and against any and a�l claims, demands, losses, defense costs, or liability of any ki d or natu e which the City of Saint Paul, its officers, appointed and elect d officials, volunteers and employees may sustain o ' incur o which may be imposed upon them because of the injur or death of persons, or damage to pro�erty, arising out of, o in any m nner connected with the use or operation of the air r ghts vaca d herein. lthoutlim' ting Petitioner' s indemnification, it is agreed that Peti ioner sha 1 maintain in force during the life of the structure located o the vacated premises the following policy or policies �f insuran e covering its operations within the vacated area. �OMPREHENS VE GENERAL LIABILITY insurance including blanket contractu 1 liabili y coverage and personal liability coverage with a combine bodily i jury, including death and prcpe rty damage. �1, 000, 000 per occurrence 2 . WM17E - CITV CLERK PINK - FINANCE I TY O F SA I NT PA U L Council C�ANARV.- DEPARTMENT �l�JE -I�IAVOR File �O• �-�ra 9 RETUkN COt�Y TO V UATIONS COU il Res lution DIVISION ROOM 218 � �, �, Presented By Referred To Committee: Date Out of Commi tee By Date S ch insura ce shall (1) name the City of Saint Paul, its e ected and appointed officers, agents and volunteers as a ditional ' nsureds; ( 2 ) be primary with respect to any i surance o self-insurance program of the Ci�ty of Saint P ul; (3 ) c ntain a standard cross liability provision; ( ) in no e en� be reduced in -�he scope of coverage re- q ired here ' n or be less than maximum liability provided in M nnesota S atutes 466. 04 ; ( 5) not be cancelled, limited o non-rene ed until after thirty days written notice has b en given o the City of Saint Pau� ( 6) be evidenced by C rtificate of insurance for the coverages required h rein and iled with the City of Saint Paul at the time o acceptan e of the vacation by the Petitioner. Copies o such ins rance policies shall be kept on file in the D partment f Finance and Managernent Services. 6 . hat the p titioner shall pay to the City the amount of $7400 . 00 as compen ation for the vacation. Said compensation shall be due and payable w' thin 60 d ys of the publication date of this resolution. 7 . hat the p titioner, its successors or assigns, by acceptance of the te ms and co ditions of this vacation, agrees to indemnify, defend an save har less the City of Saint Paul, its officers and employees from all uits, actions or claims of any character, includ- ing but n t limited to, a claim brought because of any injuries or damages r ceived or sustained by any person, persons or property, on account o this vac tion; or because of any act or omission, neglect or miscon uct of sa d petitioner or because of any claims or liability arising f om or bas d on any violation of any law or regulation made in accord nce with he law whether by the petitioner or any of its agents or employees 3 . COUNCILMEN Yeas Drew N� ys Requested by Department of: Masan� Finan a d y,��, [n Favor Sche�bel So�nen - __ AgBinst BY TedesCo -yy,µs,�t- Adopted by Council: Date UG 2 0 1985 Form Approv by ity Attotne g ���g—�f' � Certified a_ •e Co ncil r Y B t�p by Mavor: ate 2 3 1985 Appro ed by ay for Submi ion to Co ncil g _ By PU8LISHED AU G 31 1985 Finance & mt Servi es „DEPARTMENT �`������� N� 3061 Dick McCann ' CONTACT • 298-5317 PHONE Aug 8, 1985 DATE 1 �„/�r� _ �r-� ASSIGN NUMBER FOR RO TING ORDER Cli All Locations for Si nature : Department Direc or 2 Director of Management/Mayor � Finance and Mana ement Servi es Director 4 City Clerk Budget Director 3 Councilman Nicosia City Attorney WHAT WILL BE ACHIEV D BY TAKING CTION ON THE ATTACHED MATERIALS? (Purpose/ Ado t resolution acatin Ratiol1dle) : R�. p g par of Exchange Street between ��,�`�y�` Wabasha and Ceda approved by the City Council on July 23, 1985 A� l� n �` % �� � �a � ��%�;��;, � _`,�f f'�t` _ RECEIVED �.. COST/BENEFIT BUDGE ARY AND PE ONNEL IMPACTS ANTICIPATED: $7400. Benef�t AU G $ i985 nF'��� OF THE DIRECTpR DEPA?T1vIENT OF Ff1yANCE ANJ ty;qtrAGEMENT SERVICES FINANCING SOURCE A D BUDGET AC IVITY NUMBER CHARGED OR CREDITED: (Mayor's signa- ture not re- Total Amount of Transaction $7400 quired if under $10,00�) Funding Source: Activity Numbe : �redit 00 50-2833-000 ATTACHMENTS (List and Number 1 Attachments : 1. 8esolution DEPARTMENT REVIE CITY ATTORNEY REVIEW ,�Yes No Co ncil Resolut'on Required? Resolution Required? Yes No Yes x No In urance Requi ed? Insurance Sufficient? Yes No Yes X No In urance Atta ed: (SE REVERSE SIDE FOR INSTRUCTIONS) Revised 12/84