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84-1424 WHITE � CITV CI.ERK COURCII PI;�1K - FINANCE GITY OF SAINT PALTL /� �� CANARV - DEPARTMEN T G �LUE - MAVOR File NO. `J ` /� - �� CbPY TO VALUATIONS Counc 'l Res ution Room 218 Presented By , � Referred To Committee: Date Out of Committee By Date RESOL�TED, That upon the petition of The Port Authority of the City of Saint Pa.ul, that section of public street hereinafter described, be and the same hereby is vacated and discontinued as a public street per Finance File No. 16-1984: All that paxt of Prior Avenue as originally p1.a.tted ]�ying within the followin� described lines; Commencing at a brass plug at the East l�+ corner of Section 28, Tc�wnship 29 North, Range 23 West; thence South 89 degrees i6t 37'� West (assumed bearing) 2,626.�+2 feet along the South line of the Northeast Quarter (NE 1�+� of said Section 28 to a cast iron monument at the center of said Section 28; thence North 0 degrees 25' 47" West 579.09 feet along the North-Sou�h 1��+ line to the point of beginnin� of the lines to be herein described, said point is 75 feet Northerly, measured at right angles, from the centerline of the railway of Burlington Northern Railroa.d Compa.ny (former�y Great Northern Railway Company�, as originally located and constructed, and formerly knawn as the St. Pa.ul, Minneapolis & Manitoba Railway Company short line roa.d between St, Faul and Minneapolis, said point is also the Southwest corner of Kasota Addition; thence North 83 degrees 47' 17" West 2�464.96 feet along a line pa.rallel with and distant 75 feet Northerly, measured at right angles, from s�,aid centerline; thence North 6 degrees 15' 16" East 533.03 feet to a point 50 feet Southerly, measured at right angles to the centerline of connecting track which connects the Northerly and Souther]�y mainl.ine lines of railway of said Burlington Northern- COUNCILMEN Requested by Department of: Yeas Nays Fletcher GaO� [n F avor Masanz Nicosia scnetbe� __ Against BY Tedesco Wilson Form Approved by City Attorney Adopted by Council: Date Certified Yassed by Council Secretary BY By, t#pproved by Mavor. Date Approved by Mayor for Submission to Council By BY . � . . � �y—�5��y . s • Page 2 . Railroad Company, thence Northeasterly along a non-tangential curve to the right 179 . 76 feet, radius of1, 382 .4 feet, delta angle of 7 degrees 27 ' 02" , long chord of 179 . 64 feet bears North 82 degrees 32 ' 44" East, to a point 75 feet Southerly, measured at right angles, from the centerline of the most Southerly track in the Northerly mainline of Burlington Northern Railroad Company (formerly Northern Pacific Railway Company) ; thence South 82 degrees 34 ' S9" East 1, 708 . 75 feet along a non-tangential line, said line being 75 feet Southerly, measured at right angles, and parallel to said centerline of Southerly track; thence along a curve to the left 517 . 88 feet along said line 75 feet Southerly, measured at right angles, and parallel to said centerline of Southerly track, radius of 6, 273 . 91 feet, delta angle of 4 degrees 43 ' 46" , long chord of 517 . 72 feet bears South 84 degrees 56 ' S2" East to a point on the North-South 1/4 line of said Section 28, said point being also on the West line of said Kasota Addition; thence South 0 degrees 25 ' 47" East 553 . 73 feet along said North-South 1/4 line and the West line of said Kasota Addition to the point of beginning; 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 1, 1981, of the Saint Paul Legislative Code, as amended. 2 . That the petitioner agrees to follow through with the replatting and recordation of the land conveyed to the Po.rt Authority b�� the Burlington Northern Railroad Company in document No. 2135500 dated December 30, 1981. That the petitioner also agrees that said new plat will include the necessary dedication of street right-of-way needed for Energy Park Drive and also the easements for utility and drainage purposes, all to the approval of the Department of Public Works. Said plat to be filed and recorded with- in one year from the effective date of this vacation resolution. WH17E - C�TV CLERK PINK � .. FINANCE G I TY OF SA I NT PAU L F le ci1N0. �7'��'2/ CANARV - DEPARTMENT rBLUE - MAVOR � Council esolu 'on o . Presented By Referred To Committee: Date Out of Committee By Date Page 3 . 3 . That the petitioner, the Port Authority, not be required to pay compensation for the vacation. 4 . Based upon Certificates of Intended Non-Use filed voluntarily on behalf of Northwestern Bell Telephone Company, Northern States Power Company, Western Union, the Department of Public Works and the Water Utility, attached hereto and made a part hereof the City for itself and on behalf of these corporations waives the reservation of easements as described in said certificates which are located in the vacated street, 5 . That the petitioner, itssuccessors, or assigns, by acceptance of the terms and conditions of this vacation, agree to indemnify, defend and save harmless the City of Saint Paul, its officers and employees from all suits, actions, or claims of any character, including, but not limited to, a claim brought because of anyinjuries, 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. COUNCILMEN Requested by Department of: Yeas ��, ��� Drew [n Favor Masanz Nicosia n. schetbe� `� __ Against BY Tedesco Wilson Adopted by Council: Date ��T 2 3 1984 Form Approve by City Att rney Certified Pa s d y oun il e BY �C� ��- � By� App by �Vlavor: D e � DCT 26 1984 Approved by Mayor for Submission to Council By BY PUBLISHED NOV 3 1984