84-799 - r
WHITE CiTV CLERK �
PtNK � FINANCE GITY OF SAINT PALTL Council
�ANARV - OEPARTMENT File NO•�� • �I
OLUE - MAVOR
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RETURN COPY TO VALUATIONS COU Zl Res u�-Z�n
DIVISION ROOM 218
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Presented By
Referred To Committee: Date
Out of Committee By Date
RESOLVED, That upon the Petition of the Housing and Redevelopment
� Authority, those sections of public street hereinafter descri}�ed be and
the same are hereby vacated and discontinued as a public street:
Al1 that part of Virginia Street as originally platted which
lies North of a line drawn from the Southeast corner of
Lot 8, Block 78 to the Southwest corner of Lot 5, Block 79
and South of a line drawn from the Northeast corner of Lot 1,
Block 78 to the Northwest corner of Lot 4, Block 79, all in
Dayton and Irvine ' s Addition to Saint Paul.
Subject ex�ressly 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 sewer easement be retained which lies between
a line fourteen feet (14 ' ) east of and parallel to the existing sanitary
sewer line and a line eleven feet (11 ' ) west of and parallel to said
existing sewer line within the vacated area and subject to the following
restrictions:
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. 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
COUNCILMEN Requested by Department of:
Yeas Nays
F�etcner Finance and Management Services
Drew In Favor
Masanz
Nicosta D i re c tor
Schetbel __ Against BY
Tedesco
W ilson
Form Approv by City Attorney
Adopted by Council: Date
B C � gl
Certified Passed by Council Secretary Y
By i
Approved by IVlavor: Date Ap r ed by Mayor for Submis i n t Council
By B
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C�.��= �'y� 7�'�
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 connection in said reserved
easement, arising out of or resulting from any action or
negligence of the petitioner, its employees, agents or
business invitees.
3A. The petitioner must be responsible for allcosts and expenses
in the relocation of the existing storm sewer manholes and catch
basins within the street, all to the satisfaction of the Sewer Engineer.
3B. A permanent easement must be retained for all manholes, catch--
basins and leads remaining within the street right�-of-way as deter--
mined by the Department of Public tiVorks Sewer Engineer.
3C. The petitioner must obtain approval from the Sewer Engineer
for any change in the grade or surfacing of the easement areas . No
obstruction or permanent structures of any kind are allowed without the
written approval of the sewer engineer.
4A. The petitioner must be responsible for all costs and expenses
in the barricading of the street right-of-way to eliminate through
street traffic .
4B. The petitioner must also be responsible for all costs and expenses
in the obliteration of the existing street pavement and reconstruction
of the street, rights-of way, in a manner and form approved by the Depart-
ment of Public Works .
5 . The petitioner must be responsible for all costs and expenses
in the construction, reconstruction, relocation, and/or removal of all
sewer structures and all traffic and lighting structures, all to be
determined by the Department of Public Works Sewer and Traffic Engineers.
6 . That a permanent water utility easement be retained in the
Westerly half of Vir�ini.a Street within the vacated area, subject to the
following restrictions:
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.
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b. No change from the existing grade is permitted without
written permission from the Water Utility.
c. No change in surfacing within the easement area is
permitted without written permission from 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, action 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 .
7 . That the petitioner, its assigns, or successors, must enter
into an ac�reement to pay the cost of the operation and maintenance of
the East 1/2 of Virginia Street lying between Dayton Avenue and Selby
Avenue, to the satisfaction and approval of the Departrnent of Community
Services, Parks Division of the City of Saint Paul . In consideration
for said agreement, the City of Saint Paul will convey the easterly half
of- Vir-ginia.Street, v,thich accrues to Boyd Park, to the Housing and
Redevelopment Authority (petitioner) at no cost. Failure by the
petitioner to secure said agreement will preclude conveyance of the
easterly half of vacated Virginia Street accruing to Lots 4 and 5,
Block 79, Dayton and Irvine' s Addition, from the petitioner to its
successors or assigns, and further that the east 1/2 of Virginia Street
shall revert back to the City of St, Paul.
8 . That a specific easement be retained within the vacated area
to protect the interest of Northern States Power Company,
9 . That the Housing and Redevelopment Authority being the prime
petitioner not be required to pay compensation for the vacation.
l0a That the petitioner, its successors or assigns, by acceptance
of the terms and conditions of this vacation, agrees to indemnify,
defend and save ha.rmless the City of Saint Paul, its officers and em-
ployees from all suits, actions or claims of any character, including,
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
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WHITE - CITV CLERK .
PINK ? 1�- FINANCE G I TY OF SA I NT PA U L Council w
CAIV�ISRV�- DEPARTMENT J(�/" o(
6LUE - MAYOR File �0• ` -�" � -
RETURN COPY TO VALUATIONS . .
DIVISION ROOM 218 C uncil esolution
, �
Presented By
Referred To Committee: Date
Out of Committee By Date
misconduct of said petitioner; or because of any claims or liability
arising 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. �
4.
COUIVCILMEIV Requested by Department of:
Yeas p�etcher Nays
Drew Finance and Management Services
Masanz � In Favor
Nicosia D i re c tor
Scheibel � __ Against BY
Tedesco
Wflson
Adopted by Council: Date JUN 19 198� Form Approved b City Attorney
C �
Certified a - Coun .il cr t BY
By� -
t�ppro y Nlavor: Dat .�U� �`}��8� Approved by Mayor for Submission to Council
gy By
PUBUSHEO JUN 3419�4