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84-402 WH17E - CITV CLERK PINK - FINANCE G I TY O F SA I NT PA LT L Council CANq�Y - DEPARTMENT � 6'LU�. - MAVOR File NO._ . ��_�D� � RETURN COPY TO VALUA,TIONS DNISIO�ouncil Resol tion ROOM 218 � 1 Presented By � Referred To Committee: Date Out of Committee By Date The petitioner shall also agree to install at its sole cost and expense the turn lane, ariy changes in traffic control devices , (excluding traffic signals) , right-of-way dedication if necessary, sidewalk rnodification and any other alteration in connection with the right-turn lane. g, That the petitioners pay to the City as market value the sum of $6 , 680. 00, as compensation for the vacation. 9, That the petitioner, its successors or assigns by acceptance of the terms and conditions of this vacation, agrees to indenmify, defend and save harmless the City of Saint Paul � its officers and employeej from all suits , actions or claims of any charactert includ- ing, 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 act or omission, neglect or misconduct of said petitioner; or because of any law or regulations made in accordance with the law, whether by the petitioner or any of its agents or employees . Further resolved, that the proper City officials are authorized to accept said easements and to convey by Quit Claim Deed to the petitioner the City' s interest in the vacated portion of Prospertiy Ave nue. COUNCILMEN Requested by Department of: Yeas Nays � Fletcher Drew Finance and Marlagenent Services Masanz In Favor Nicosia �� � __ Against By Director Tedesco F, . Wilson , '_U'iR 2 2 �8�t Form Ap v by City Attorn Adopted by Council: Date ' t Certified Y s e ounc' ,ecr By � � Y � By App by A4avor. Date M�R 6 198� Approved by Mayor for Submission to Council �Y - BY PUBLISHED MAR 31 1984 WHITE — C�TV CLERK PINK — FINANCE G I TY O F SA I NT PA U L Council ///���nnn CANARV — DEPARTMENT y��i(� � BLU� — MAVOR File �0. 0 �} � � RETURN COPY TO VALUATIONS CQU Zl Re lution Room 218 e � Presented By Referred To Committee: Date Out of Committee By Date RESOLVID that upon the petition of Phalen Center Company and G G. Rein Development Company that section of a portion of public street hereinafter described be and the same is hereby vacated and discontinued as a public street: Al1 that part of Prosperity Avenue (previously referred to as a County Road) over and across part of Lots 6, 7, 8, 22, 23 and 24, Block 4, Kieffer Park Addition lying easterly of the existing westerly curb line of Prosperity Avenue and southeasterly of a line 25 feet southeasterly of and parallel to the existing southeasterly curb line of the Prosperity Avenue-Johnson Parkway intersection. Subject expressly to the follawing c�nditions arx3 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 35-foot wide permanent sewer easement centered over the existing sewer line be retained for the Metropolitan Waste Control Commission and that the petitioner shall have surveyed, deeded to the Metropolitan Waste Control Commission and recorded the exact location of said easement, all to the satisfaction of the Department of Public Works. COUIVCILMEN Requested by Department of: Yeas Fletcher Nays � p�eW Finance & Management Services Masanz In Favor Nicosia v scheibei _ Against BY Director 7edesco Wilson Form Approved by City Attorney Adopted by Council: Date Certified Yassed by Council Secretary BY By /Approved by �Vlavor: Date Approved by Mayor for Submission to Council By BY . � . . �F ����o,� 3. That a specific easement be retained to protect the interests of Northern States Power Company within said portion of Prosperity Avenue . 4. That the petitioner must be responsible for all costs and expenses in the preparation of a plat of survey showing and des- cribing the extent of the proposed vacation as amended and the exact location of all permanent utility easements . 5. The petitioner must be responsible for all costs and exT penses in the reconstruction of the Prosperity Avenue right�of-way to include the adjoining, retained boulevard area� the relocation of the existing catch basins and all other necessary reconstruction work related to the proposed vacation area, 6. That the restrictions within the easement areas shall be as follows ; a. No buildings , structures or trees are permitted within the easement area, or any temporary structure , material storage fixture or other objects that will r�rohibit normal access to water facilities for maintenance purposes , b , No change from the existin� grade is permitted without written permission from the Water Utility or the City of Saint Paul . c . No change in surfacing within the easement area is per- mitted without written permission from the Water Utility or City of Saint Paul . d. That the petitioner , its successors and assigns shall fully indemnifyt defend and save harmless the Board of Water Commissioners or the City of Saint Paul � their officers , agents , employees , and servants from all suits , actions or claims which shall arise from any injuries or damages re�eivecl or sustained by an.y brPak in any service pipe, water main, or connection in said reserved easement, arising out of or resulting from any action or negli�ence of the petitioner , its employees , agents or business invitees . 7• That the petitioner enter into an agreement with the City` o.f Saint Paul to provide for the installation of a right-turn lane located at the intersection of the north bound traffic land and the entrance to the Plzalen Shopping Center, in the event the City of Saint Paul Traffic Engineer deems within 5 years of the adoption of this vacation, that a traffic problem exists due to the vacation. 2 .