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84-1281 WMITE - CiTV GLERK PINK - FINANCE G I TY OF SA I NT PAU L Council ///�[l/ (�' CANARV - DEPARTMENT File NO. Il " /�`�� BLUE =MAVOR • � Cou cil eso�ution � � � Presented By - Referred To Committee: Date Out of Committee By Date WHEREAS, the Council of the City of St. Paul did vacate certain public land by Council Resolution C.F. 279186 adopted September 7, 1982, and 1n1HEREAS, the petitioner was required to furnish the City with a bond in the amount of $5, 000.00, as indicated in Condition 3 of said resolution; WHEREAS, the Petitioners have complied with all of the terms and conditions of that resolution including the bonding requirement; and WHEREAS, the bond is now up for renewal and the Petitioners have requested that they be excused from said bond requirement and in lieu thereof file an indemnification agreement with the City; and WHEREAS, the Valuations Engineer has reviewed this request and has determined that no claims have been made against the City as a result of this vacation proceeding and that the risk of such claims has dramatically decreased since the date of said vacation; and WHEREAS, the Petitioners who now own the vacated right-of-way have provided the City with a written covenant of indemnity, the language in which is the same as the language adopted in C.F. 279505 on December 29, 1982, wherein the City adopted a liability transfer policy of either a bond or a written covenant indemnifying the City from any claims arising out of a vacation action, NOW THEREFORE BE IT RE50LVED, that Condition 3 of C.F. 279186 is hereby amended to read as follows: 3 . 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 St. Paul, its � COUNC[LMEN y Requested by Department of: Yeas Fletcher Na s ' Finance & N Services °rB1N In Favor Masanz Nicosia scheibe� _ Against Y redesco D i re c to r Wilson Adopted by Council: Date Form Ap roved by City Attorne / _ „ i is Certified Passed by Council Secretary BY ��` g 1 g By Approved by Mavor: Date \ � Ap by Mayor for Submi io to�ouncil By WHITE - CiTV CLERK PINK - FINANCE G I TY OF SA I NT ��. PA LT L Council n' CANARV - DEPARTMENT File NO. e � /��/ BLUE r MAVOR � � � Counci Resol tion � , Presented By ` Referred To Committee: Date Out of Committee By Date officers and employees 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 misconduct of said petitioner; or because of any claim 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. BE IT FURTHER RESOLVED, that in all other respects, Council Resolution 279186 shall remain in full force and effect. -2- COUNCILMEN Requested by Department of: Yeas Nays Dr�e� ��'yN� , Finance & Management Services Masanz � [n Favor Nfcosia scneibe� __ Against BY Teaesco D i r e c to r Wilson SEP 2 � '�8�F Form Ap roved by C' Atto neyL ^ ,,, Adopted by Council: Date �, � Certified P- -- d b Counr.il S e r BY �--� 8' 3 , By, '� t#pproved by Mavo • D —a-\-� �EP � 4 19 � AP d by Mayor for Submi s' o Cou cil By �."�c.�u`--' f'UBLISHED S E P 2 9 1984 . - - � _ � � • � - ��" � .. � � � . . I . . � . � . � . . ' . . . . . �. . . � � . V . . Finance & .Management , . e+„z-�.vices ..�EPART1iQ�IT D�ve Nelson rt�� 24$-�Z �NE I . ;�,T� �(� Au�us. t 30��.�..4.,�_.��T� � ��r �►r ' �Ro ; ng and Expi anatf ar Shaat) sf .M r for Routfn E�r�er Cli R11 lot�#ti+�ts f.Or 1� o�al Si tur� ; o�s�t t��o�- ' RECEIVED city arto�y � ��'�� R� AlJ6 3 O�tre�tor of MaRage�ent/Mayor � � CEIVED _..Y 01984 �ina�ce a�d �a�,ae,�ent Serwices�ofr�or S�P 06 1984 CITY ATTORN�EY ,,,� C�t,y CIl1"k . � OFFIC� OF THE DI�?ECTOR � .�� BYdglt Ofl'lC�1' DEPARTMENT OF Fi'VANCE ± ND MANAGEMEN7 SERVI�ES 5 V_aluati�ns - Room 218 � �....� ..��.�.�..��.�.�� .�.,� i�that �ti 11 bQ Ac#i 8ved taki acti n on .t�ta atta h�teri al s? Purcc Rati onale : C. _F. 279186 will be amended to al�low a writte ' Covenant of indemnity instead of a bond. �� Fi n�e�f ai 8ud ta and Pe�soem�t I cts Mti�f � : . None i � �h�f_ j `�� Fundi Scsurc� and F�d AcLivi N r Cha d o redited: v�� "�4 ��AVr�-<S (��FICE _. _ N/A • Attact�aients i,ist ar�d �lua�er al1 A a : . _ _ 1. Council Resolution to be cons dered 2. C. F. 279186 to be amended , 3. Covenant of Indemnity signed y owners of acated right-of-way. DEPAR'tME�JT RFYIE'�i CITY ATTBl�VEY REVIEW x Yes Yo Couact7 Resolutio RequiredZ ti�so3ution Requtred? „_,_ Yes � No � �, Yes ,�,,,Nc Insu�a�nee t�qui ? �sisurance Sufficient? „l,Yes ,,,,,_ No Yes x No Insuranu Attach ? . .._.,. ..._ . ' �evisian ot.October, 1982 (See Reversa Side for Insyructions) .<. . . ..__ ...,._. �---_.. ....,..__.�-- :-��-...�_�-�.., .. . , ,, .. _,. . . _ r.-:..--�Ta-�_-�_:rt:�t...� ��-�� .. ...� _ Co 1 Ftle No. tT918S � sy vi�c,� ,i. - Ted RESOLVED, That upon exacutio � and dellvery pf a�ret�se;n full to the ,in a form to be appiiived by the Clty omeg,the properCityof8ce�"sareherebya odzedand df�eMed to pay out o2>the Tort 'abfl[ty Fund oso�asi�•000,eo: �� - 1.Gresg Radetddt the sc ot=300,Op�n tull settlement of hts claim ot ousq austalned on or about Junq 19t0 to Ij�prf],�1981,u more particularly set out In thc'�iotice Qf Clalen fll- ed in the City Clerk's ofJice on Ndvember 29, 1981. r � � Adopted by tl�e Couhcil September T,19Q2. APpmvcd September9,1D82. � ($ptemYv 18,198Y) � Coundl File No.27918�By Chris Nieoda— RESOLVED,.ThaGuppn tl�e petltlon pt,Ipy Ann Ryan,et al,the section ot publie sercet hercinaKer deacrlbed,be and the same hercby is vacated and discontinued as a public streek All that paR ot Hastln6s Avenue �s oriBinally platted which lles bdwem the w�est line extended noRherly of Lot 10 and the east line,extmdcd northerly,of Lot 11 all in Block Y, Wesael's Addition W St. Paul,Ramsey County,Mlnnew4; subject expresaly to t6e toilowlna rnndlUons and reservattons: 1.That the vacation be sub�x!to all the te�ms and condiNons of Chapter 130 0!the St. Pau!I.e�islatSve Code,as amended,March 1, 1981, induding the ntentlon of',a❑ public utilities easemmts. I 2. That the petitioner pay to the Clty as market value,the sum of f800.Op,�s mmpen- sation tor the vacation. 1 3.That the petitiona furnish the City wlth a band in the amount of SS,OOp.pp,e�d in addi- tion thereto,by aeceptance of the terms and rnnditions of thts vacatlon,agreesjto indan- nify, defend and save haimless the Clty ot Saint Paul,its officers and employeeslrom all suits,actions,or Naims of any cha�aMer,!n- cluding,but not llmited to,a daim brought because of any injuries,or damaga recelved or sustained by any person,peisons ur pmp�r , ty,on aecount ot thls vaation;or becaux of ' any oet or omisslon,neglect or mismnduct of said petitioner; or becaux of any clalm or liability arising trom or based on any viola- tion ot any law or regulation made'In accor. dance with the Isw,whether by the petittoner or any of her agents or employees. Adoptea by the Council Septemyer 7,198Y. Approved September 9,1982. (September!t,198� b � - _. ..� � � � � � � � � � � � i � � � � _1_____L.l..._��I� � l I 1 � ��f/��/ COV�.'NANr OF II�IDII�'Il�iITY Zb the Honorable, the City Courtcil Saint Paul, Minnesota We, the petitioners, its successors, or assigns, by acceptance of the terms and con�clitions of Finance File No. �2-1981, agree to indemnity, defend and save harmless the City of St. Paul, its officers and employee5 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 misconduct of said petitioner; or because of any claim or liability arising from or based an any violation of any law or regulation made in accordance with the law, whether by the petita�oner or any of its agents or employees. o��. , �7 1 , _, Timothy P. Ry F� rt Buechner , �Q.�.L �C(.�.�C.�LI�..��J Ann Ryan Dale Buechn�