84-1467 WMITE - GTV CLERK
C NARV�- DIEP RTMENTY � CITY OF SAINT PALTL Council ��' �u�
BlUE � -�1AVUR File NO. �
R�TURN C��PY TO VALUATIONS DIVI N • •
�M 21$ � �oun l Reso tion
.�i � �
Presented By
Referred To Committee: Date
Out of Committee By Date
RE50LVED, that upon the Petition of tY�Port Authority of the
City of St. Paul per File No. 17-1984 that part of Hamline Avenue located
between Pierce Butler Route and Burlington Northern Railroad hereafter
described be and the same is hereby vacated and discontinued as a
public street:
Al1 that part of Hamline Avenue lying between the southerly
right-of-way line of Burlington-Northern Railroad (formerly
Great Northern Railroad) which abuts Block 1 College Place
East Division and Block 3, Hersey-Woolsey Addition to St. Paul,
Minnesota and a line drawn from the northwest corner of Lot 12,
Block 3, of said Hersey-Woolsey Addition to a point on the
east line of Lot 4, Block 1 College Place East Division, said
point being 67 . 05 feet north of the southeast corner of said
Lot 4.
� Also, all that part of Lot 12, Block 3, Hersey-Woolsey Addition
to St. � Paul Minnesota lying north of a line drawn from the
southeast corner of said lot l� to the northwest corner of said
Lot 12 .
Subject expressly to the following conditions and reservations:
l. 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 30 foot wide permanent sewer easement be retained and
centered along the centerline of Hamline Avenue extending from the
north line of Pierce Butler Route to the north a distance of 90 feet
when measured along said centerline and located within the vacated area.
3. Also, that a permanent sewer easement be re�ained which lies
between the north right-of-way line of Pierce Butler Route and a line
COUfVCILMEN Requested by Department of:
Yeas Fletcher Nays
p�eW Finance & Manaaement Services
Masanz In Favor
NiCOSia
Schejbe� __ Against BY
Tedesco D i re ctor
Wilson
Form Appr ved by City Attorne�
Adopted by Council: Date
Certified Yassed by Council Secretary BY
� lb c$ g�
By
t#pproved by Mavor: Date Approved by Mayor for Submission to Council
By _ BY
. • . = • ' � , . �`�`' j`���
between the eas-� and west right-of-way lines of Hamline Avenue all
within said vacated area.
The aforementioned sewer easements are subject to the following
restrictions;
a) IJo buildings, structure, or trees are permitted within
the easement area, or any temporary structure, material
storage, fixture or other objects that will prohibi.t
normal access to sewer 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 per-
mitted without written permission from the Director of
the Department of Public Works.
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 in-
juries or damages received or sustained by any break in
any service pipe, or connection in said reserved easement,
arising out of resulting from any action or negligence
of the petitioner, its employees, agents or business invitees .
4 . That a 20-foot wide permanent walkway easement is to be re-
tained centered along the centerline of N. Hamline Avenue extending
tne full length of said vacated street.
5. That a permanent Water Utility easement be retained in the
westerly 35 feet of N. Hamline Avenue along the entire length of said
vacated street subject to the following restrictions:
a) No buildings, structures, or trees are permitted within
the easernent area, or ar�y tem�orary 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 Water Utility.
2 .
w ._ , . . , ,�. �,. ��
� • �� ' l �
•
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, 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 or negligence of the
petitioner, its employees, agents or business invitees .
6 . That a specific easement be retained within said vacated
street to protect the interests of Northwestern Bell Telephone
Company.
7 , That a specific easement be retained within said vacated
street to protect the interest of Northern States Power Company.
8. That the petitioner, The Port Authority, pay to the City
the sum of $500 .00 for administrative cost for the vacation.
9. That the petitioner, its successors or assigns, by accept-
ance of the terms and conditions of this vacation, agrees 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 any injuries, or damages
received or sustained by any person, persons or property, on account
of this vacation; or because of any act oresmi�sr�n- neglect or mis-
conduct 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.
10 . That the proper City officials be authorized to convey by
Qizit Claim Deed after compliance of all conditions of this resolution
the following described property:
3,
`NHITE - CITV CLERK
PINK - FINAN�E � COU�ICII
CANARY��-,DEP.�CRTMENT GITY OF SAINT PAUL File NO. ��� / �� �
BLUE� -�MAY°OR
1
RETURN C�PY TO VALUATIONS Council esolut ' n
DIYISION ROOM 218 � r
Presented By
Referred To Committee: Date
Out of Committee By Date
"All that part of Lot 12, Block 3, Hersey-Woolsey Addition
to St. Paul, Minnesota lying north of a line drawn from
the southeast corner of said Lot 12 to the northwest corner
of said Lot 12 . "
4.
COUNCILMEN Requested by Department of:
Yeas Nays
�rTlyrh Finanace & Management Services
°re'"' In Favor
Masanz 8
Nicosia
scheibe� __ Against BY
Tedesco
�� Director
aCT 3 p �gg� Form Approved by City Attorney
Adopted by Council: Date B � \ ���G� /� C (/' � jU` ' 1�RS�(
Certified Pas u c' ,e Y--�
� a!� -o�—��
B�
�1ppr y lVlavor: Date NOV 2 - 1984 Approved by Mayor for Submission to Council
By - BY
Pt1BL1S�iED NOV 10 1984