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84-467 WH17E -�CLERK PINK - FINANCE GITY OF SAINT PALTL Council p�� CANAIiY -,I�7EPARTMENT • File NO. � BLUE - MAVbR � � - Co ncil solution � , Presented By ' Referred To Committee: Date Out of Committee By Date RESQLVED} That upon petition of the Chicago , ��ilwaukee, St . Paul and Paci�ic n�.ailroad Company those sections of public street here- inafter describec� be and the same are hereby vacated and discontinued as a public street ; All that part of Bay Street lying northerly of the southerly linei extended westerly oi Lot 1, �lock 6 , A, Vance Brown's Subdivision of "Stinson, Brown & Ramsey' s" Addition to Saint Paul and all that part of said street which lies southerly of the followin� described line ; Commencing at the southeasterly corner of Block 7 � Stinson, Srown and �amsey's Addition to St . Paul , thence, northerly along the easterly line of said block a distance of ei�hty feet (�0 ' ) to the point of beginning: thence northeasterly in a straight line to the southwesterly corner of Lot 3, Block 6 , A. Vance �rown's Subclivision of "Stinson, Brown & kamsey's" Addition to Saint Paul. and All that part of Pleasant Avenue lying northerly of the southerly line of Block 7 as originally platted and southerly oi a line eighty (�0) feet north of and parallel to the southerly line of said block as ori;inally platted of Stinsoiz, Brown and Ramsey' s addition to St. Paul , Subject expressly to the �ollowing conditions and reservations : 1. That the vacation be subject to all the terms and conditions of Chapter 130 , codified March l, 19�1, of the St , Paul Le�islative Code, as amended, 2 . That special easenients be retained in and across Pleasant COUfVCILMEN Requested by Department of: Yeas Nays Fletcher �- Drew In Favor Masanz Nicosia Scheibel � __ Against BY Tedesco Wilson Adopted by Council: Date � - Form Ap ro d by City Attor ey B ��` �..� 3 q��'H Certified Yassed by Council Secretary Y By t�pproved by Mavor: Date Approved by Mayor for Submission to Council By By - - ' , ' . . ��'�� %' Avenue for Northern States Power Company for its gas and electric facilities , 3 . That a permanent easement be retained over the area be� ing vacated to protect the existing 12-inch water main and the petitioner shall agree to enter into a Construction Agreement with the St. Paul Water Utility providing for the relocation of s�.;�.d water main and containing the following conditions , a. That the Petitioner and NORE�ICO shall assume all costs associated with the relocation of said water main, bc�t not exceeding $21 , 000. 00 . b . The City shall relocate the 12-inch water main in accordance with specifications given by the Ra.ilroad and NORENCO. That on or before June 15 � 1984, the petitioner and NORENCO shall provide all permits , licenses and specifications necessary for the relocation of the water main. c. It is agreed that if the water main breaks � leaks or causes other damage prior to the relocation by the City, this agreement or the payment o� $21 ,000 .00 , shall not alter the respective liabilitites of the parties . The easement description is as follows : The Southeasterly thirty (30) feet of the Northwesterly forty (40) feet of that portion of Pleasant Avenue vacated by this resolut.ion. Restrictions within the easernent are 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 prohibit normal access to water facilities for maintenance purposes , b. 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 o�- n�:,:�.-�r;��.c� of the petitioner, its employees , agents or business invitees . 2 , . _ _ �'�`--� r� � 4. That a full width street easement be retained in Pleasant Avenue for the protection and maintenance of the existin� 12-inch sanitary sewer� catch. basin and lead, and for future storm sewer construction, Restrictions within the easement area are as follows : a, No building , structures , or tress are permitted within the easement area, or any temporary structure material storage fixture or other objects that will prohibit norma.l access to sewer facilities for maintenance purposes , b . No change from the existing grade is permitted without written permission from the Sewer Engineer of the Depart- ment of Public Works . c . rdo change in surfacing within the easement area is permitted without written permission from the Sewer Engineer of the Department of Public Works . d. That the petitioner, its successors and assigns shall fully 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 connection in said reserved easement , arising out of or resulting from any action or negligence of the petitioner � its employees , agents or business invitees . 5 . There has been an agreement entered into between the Rai1- road and NORENCO that the City of Saint Paul shall be reimbursed $1, 711 . 65 , which represents the cost and expense to bring the exist- ing manhol� to the 12�inch sewer up to grade and to seal off all catch basins leading into the manhol� and adjacent manholes , 6 , That the petitioner shall convey to the City in form to he later approtred by the City Attorney a perTnanent easement for egress and ingress over the following described pro�erty : The south 20 ,00 feet of Lots 11 and 12 , Block S , A Vance Brown' s Subdivision of "Stinson, Brown & Ramsey 's Addition to Saint Paul , Also that part of Block 38 , Stinson, Brown, and Ramsey 's Addition to St, Paul lying southerly of the following described line : beginning on the west line of said Block 38 , 20 . 00 feet north of the northwest corner of Dawson's Subdivision of Block 38 , Stinson, Brown and Rar.lsey' s Addi- tion to St . Paul ; thence on a straight line to a point on the west line of Lot 11 , Block 8 , A. Vance Brown' s Subdivision of "Stinson, �rown � Ramsey' s Addition to Saint Paul , 20 .00 feet north of the southwest corner of said Lot 11 and there 3 'NHTTE � -�ITV CLERK PINK - FINANGE G I TY O F SA I NT PA U L Council �� / � CANARV - DEPARTyENT , BL1IE - M�AYOR File NO.- � � � ' C ncil R solution � � Presented By � Referred To Committee: Date Out of Committee By Date said line ter�inates + and lying north of the north line of said Dawson's Subdivision of Block 33 , "Stinson, Brown & Ramsey`s" Addition to St. Paul , Ramsey County, Minn. Subject to Clifton Street . or any other similar legal description that can be agreed upon be- tween the parties . Said easement shall be jointly used by the City o� St. Paul for access into the Pleasant Avenue Maintena.nce Yard and by the petitioner for access to their railroad right-of-way and that as of August 1 , 1984, the access road shall be restricted from the general public by the installation of a secured gate at the Victoria Street entrance , 7 . That in consideration of the easements and dedication to the City there shall be no compensation required �or this vacation. S . That the petitioner, its successors � or assigns by accept- ance of the terms and conditions of this vacation, a�rees to in- demnify defend and save harmless the City of Saint Paul, its ofricers and emp�.oyees from all suits � actions , or claims of any character , including, but not limited to , a claim brought because of any in- juries � or dama�es received or sustained by any person, persons or property on account of this vacation. 9 . That the City of Saint Paul hereby releases the Railroad Company from and agrees to indeim�.ify it against all loss , damage or injury, caused by or resulting from any act or omission of the City, its employees or agen�s , to the person or property af the parties hereto and their employees , and to the person or property of any other person or corporation while on or about said premises and if any claim or liability shall arise from the joint or con- curring negli;ence of both hereto � it shall be borne by them equally. 4 COUfVCILMEN Requested by Department of: Yeas Fletcher Nays °feN1 � [n Favor Masanz Nicosia scne�bei � __ Against BY Tedesco Wilson APt�'� � O �9$4 Form Ap roved by City Attorne Adopted by Council: Date /'y✓l Certified a-se Council cr y BY �� 2��g� gy E�ppro 1Aavor: Date 2 1984 Approved by Mayor for Submission to Council y _ By PUBLISNED APR 2 1 1984