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85-1470 WHITE - CITV CLERK PIN� - FSNANCE GITY OF SAINT PAUL Council �/' CANARY - OEPARTMEN7 Flle NO. ;+� /• �� BLUE - MAVOR p ouncil esolution Presented By � , � Referred To Committee: Date Out of Committee By Date RESOLVED, that upon the petition of the State of Minnesota per File No. 15-1985, to vacate Fuller Avenue from Rice Street to Park Street, those sections of public street hereinafter described be and the same are hereby vacated and discontinued as a public street: Al1 that part of fuller Avenue lying easterly of Rice Street and Westerly of Park Street all in Capitol Grounds Addition Saint Paul, Minnesota; also Ail of the easement in the land necessary for the slopes, cuts and fills, including the right of removal of lateral support from subject lands of remainder thereof occasioned by excavations thereof or construction of slopes in the grading of said vacated street, lying within or adjacent to said vacated area. 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 l, 1981, of the St. Paul Legislative Code, as amended. 2 . That a permanent Water Utility easement be retained on be ha�f of the City of Saint Paul, Board of Water Commissioners described as the north 30 feet of the west 275 feet and except the west 245 feet the south 35 feet of vacated Fuller subject to the following re5trictions : 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 main�enance purposes. b. No change from the existing grade is permitted without written permission from the Water Utility. COUNC[LMEN Requested by Department of: Yeas Nays Masanz Finan Manageme S rvices N�c��a [n Favor Scheibel �� Sonnen __ Against BY Tedesco Wilson Form Approve by Ci Attorney Adopted by Council: Date / Certified Passed by Council Secretary BY C`'�"-'� ��/�`� By A►pproved by iVlavor: Date Approved by Mayor for ion to Council By • � - ' �� '�--i�7� c . No change in surfacing with the easement area is permitted without written permission fxom the Water Utility. d. That the petitioner, 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, 30 feet in width and centered over the existing sewer in vacated Fuller Avenue be retained on behalf of the City of Saint Paul, Department of Public Works, and subject to the following restrictions : a. That the petitioner will be responsible for removal and replacement of buildings, structures, or trees within the easement area, or any temporary structure, material storage, fixture or other objects in order to allow 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, 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 connec- tion 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 the petitioner, in compliance with M.S. 16B.26 shall grant, within 12 months of City application, a sewer ease- ment, 30 feet in width and centered over the existing sewer located on, over and across parts of Block 10 and 11, Capitol Grounds Addition and shall pay for all cost which may be incurred in determining the location and legal description of said swer, all to the satisfaction of the City' s Sewer Engineer. 2 . d , � . - - � �� .�--��a 5 . That the petitioner shall be responsible for both the contract�ng of and payment for all costs incurred in the following described improvements which are to be accomplished to the satisfac- tion of and under the supervision of the Department of Public works within nine months of the publication date of this resolution. a. Abandonment and/or relocation of any existing catch basins within vacated Fuller Avenue or in Rice Street, Park Street and Wabasha Street which now serve the drainage of vacated Fuller Avenue. Abandonment and/or relocation of said catch basins must be completed within 9 months of the publication date of this resolution all to the satisfaction and approval of the City' s Sewer Engineer. b. Removal and/or relocation of existing lighting standards located within the vacated area and also any alterations in the circuitry which may affect the integrity of operation of the remaining lighting system all to the satisfaction of the City' s Traffic Engineer c. Construction and/or reconstruction of all curb, gutters, street paving and sidewalks which may be required, as a result of this vacation, to maintain the integrity of existing improvements along Rice Street and Park Street-Wabasha Street adjacent to said vacated area all to the satisfaction and approval of the City' s Traffic Engineer. 6 . That the petitioner shall pay all costs and expense for the removal of existing parking meters within said vacated Fuller Avenue. The City' s Traffic Division shall remove said meters and will advise the petitioner of the cost for removal . 7 . That the petitioner shall designate all proposed vehicle parking spaces within the vacated area for general public use and that one of these designated parking spaces shall be allocated for handicapped drivers . 8 . That the petitioner shall pay $500 . 00 administrative fee for this vacation. Said fee shall be due and payable within 60 days of the publication date of this resolution. 9 . That the petitioner, 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, action or claims of any character, including but not limited to a claim brought because of any injuries or damages 3 . J�� WMITE - CITY CLERK � � PINK - FiNANCE GITY OF SAINT PAUL Council . � �� CANARy - OEPARTMENT � Flle NO. �' BLU'E - MAVOR • Coun 'l Resol tion � , _ Presented By Referred To Committee: Date Out of Committee By Date received or sustained on account of this vacation, by any persons or property; or because of any act or omission, neglect or misconduct of said petitioner; or because of any claims or liability arisinq from or based on any violation of any law or regulation made in accordance with the law whether by the petitioner or any of its agents or employees. 10 . 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 within the terms and conditions of said resolution comply in all respects with the terms and conditions therein. The proper City officials are hereby authorized and directed to accept the easement for sewer purposes on, over and across part of Blocks 10 and 11 Capitol Grounds Addition to be dedicated by the petitioner. 4 . COUNCILMEN Requested by Department of: Yeas DfeW Nays � Masanz Fina and Ma N�cos�a In Favor Scheibel �y ec tor Sonnen __ Against BY Tedesco W i Ison Adopted by Council: Date NOV — 5 1985 Form Appr ved City Attorney Q�� 10 �. ��' Certified Pa,s ouncil S tar BY B}, �. A►pprov y iVlavor: Date �� ° r Approved Mayor ion to Council $n�mR� \� \ Pt��;�� ":�,e'� 161985 -l-�-_--�- __ Finance & Maagt. Services DEPARTMENT Dick McCgnn ��' � N°• 3 4 4 CONTACT 298-5317 PHONE Oct. 23, 1985 DATE 1 Q�� Q, Q ASSIGN NUMBER FOR ROUTING ORDER (Clip Al1 Locations for Signature) : d� p�—��o Department Director 2 Director of Management/Mayor Finance and Management Services Director 4 City Clerk Budget Director 3 Councilman Nicosia City Attorney WHAT WILL BE ACHIEVED BY TAKING ACTION ON THE ATTACHED MATERIALS? (Purpose/ Rationale) : Adopt resolution for the vacation of Fuller Avenue approved by the Council on Oct 8, 1985 COST/BENEFIT, BUDGETARY AND PERSONNEL IMPACTS ANTICIPATED: �qECEIVED xone 0 C T 2 4 1�5 f�AYOR'S OFFICE � FINANCING SOURCE AND BUDGET ACTIVITY NUMBER CHARGED OR CREDITED: (Mayor's signa- ture not re- Total Amount of Transaction; quired if under $10,000) Funding Source: N/A Activity Number: ATTACHMENTS (List and Number All Attachments) : 1. xesolution 2. Map DEPARTMENT REVIEW CITY ATTORNEY REVIEW x Yes No Council Resolution Required? Resolution Required? 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