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00-416Return copy to: Real Fstate Division 140 City?-i��� Presented By Referred To Council Fyle # O e• H l4 r_YPP„ chPPr tt �su ��� WFIEREAS, on September 22, 1999, the Council approved CF# 99-921, vacating and approving the sale of vacant land taken for street right-of-way; and WHEREAS, the legal descripuon of the area vacated contained a typographical enor; THEREFORE BE IT RESOLVED, that lines 8 through 24 on page one of the said CF# 99-921 shall be amended to read as follows: All that part taken for street right-of-way of Ziegler and Mainzer's Subdivision of Block 13, Winslow's Addition and of Fischer and Leinau's Subdivision of Part of Lots 1 and 6, said Ziegier and Mainzer'S Subdivision lying norfherly and westerly of the following described line: 9 beginning at a point on the west line of Lot 4 of said Ziegler and Mainzer's Subdivision, a i o distance of 4.77 feet north of the southwest corner of said Lot 4; thence easterly 22.72 feet to a u point 5.78 feet north of the south line of said Lot 4; thence northeasterly along a tangential curve �2 concave to the northwest having a radius of 296.0 feet, a distance of 223.87 feet, thence �s northeasteriy, tangent to the last described curve, a distance of 86.74 feet to a point 4.80 feet ia south of the north line of said Ziegler and Mainzer's Subdivision, said point being "Point A", and is there terminaUng; ie and southerly and westerly of the following described line: i7 beginning at said "Point A"; thence northwesterly 5.02 feet to a point on the north line of said is Ziegler and Mainzer's Subdivision, 282.31 feet east of the northwest comer of said Ziegler and i9 Mainzer's Subdivision and there temunating. zo BE IT FURTHER RESOLVED, that a11 other terms and condiuons of the said CF# 99-921 sha11 zi remain in full force and effect. Requested by Department of: Adopted by Council: Date 30�0 Adoption Certified by Council Sec gtary B �6\ a- . P- Approved by ayor: Date �f'�1 a� � S 2l� By: �c�r.� ,�rv�i�P�i.� Technoloev & Manayement Services By: � Director Form Approved by City Attomey B �/.�111��-. Kf �ytao Approved by Mayor for Submission to Council By: ��ln^� � I vvr`-f1'`'�- Committee: Da[e V .M.S.lREAL ESTA'TE DIVISION Date: Apri117, 2000 reen h t Number: 104676 ontact Person and PLone Number- 2 EP6B7'MF,NT IItE 4 coDNCII. +�a Earl Carlson 266-8850 °m°" 1 A'TO� / `� UDCETDIRECTOR FFTCE�FFINADIQALSVCS mtbe on Comd Agenda by: . 3 YOB (OR ASSLST ESTATE DIVISION OTAL # OF SIGNATURE PAGES 1�ctm nra. tocazxoxs Fox stcxnz[�> CTIONREQUESTID: To amend CF# 99-921 to correct an error in fhe legal description. Ref: 1. Resolution for consideration; 2. Copy of CF# 94-921. CoMMENDA1TON& APPROVE (A) ORREJECT (R) ERSONAL SER�7ICE CONTRACTSMUST ANSWERT$EFOLLOWING: . Has t6e person/fitm ever worked mder a conhact for tLis depathnent? YES NO PL4M�INGCOMMISSION A SLpFF Haz this peison�5rm ever been a City employee? YES NO C1VIL SSRVICE COMMISSION . Does this perso�Srm posse..ss a skiD not nonnally possessed by any YES NO current C�ty employee? c� coamn� E lain all YES answers on a se arnte sheet and attach. UPPORTS WHICH COUNCIL BJECTivE? OUNCIL WARD(S) 2 D75TRICT PLANNING COUNCIL (� HITLATING PROBLEM, ISSIJE, OPPORTOHITY (Who, What, When Whem� Why?): The legal description of properly vacated by CF# 99-921 contained a typographical error. VANTAGESIFAPPROVED: This will correct the error. ISADVANfAGES IF APPROVED: None 7SADVAN'CAGES IF NOT APPROVED: CF# 99-921 could not be filed wit}i Ramsey County. OTAL AMOUNT OF TRANSACTiON: .pO.00 COSTlREVENL3E BUDGETED (CIILCLE ONE) YCS NO ING SOURCE: N�A ACTIVITY NUMBER: N�A ANCIAL INFORMATLON: (ERPLAIN� N/A � q � �a`si�'.'��' i":?'3��r�rv ,E°'q,-,iL� ..:`�; � � 2��� ✓ p��.�t�--`. Return copy to: Real Estate Division 140 City Iiall o�i���A�. C�7 Presented By Referred To Committee: Date �� BE IT RESOLVED, that, upon the petition of the City of Saint Paul on behalf of the Department of Public Works, as documented in Finance Department File Number I 1-1999, public properties hereinafter described, having been declared surplus to the needs of the City, aze hereby vacated and discontinued as public propezty. 6 The property to be vacated is described as follows: 7 8 all that part of Ziegler and Mainzer's Subdivision of Block 13, Winslo�v's Addi[ion and Fischer and 9 Lienau's's 5ubdivision taken for street ri�ht-of-way lying northerly and westerly of the following 10 described line: 11 12 13 14 15 16 17 is 19 20 21 22 23 2A 25 26 �� 2s beginning at said "Point A"; thence northwesterly 5.02 feet to a point on the north line of said Ziegler and Mainzer's Subdivision 2823] feet east of the northwest comer of said Zie�ler and Mainzer's Subdivision; and there terminating. This vaca[ion shall be subject to the terms and condition of Chapter 130, codified Mareh 1, 1951, of the Saint Paul I.egislative Code as amended, and to the following conditions: 29 1 30 31 32 33 34 ESOLUTION NT P L, i J ESOTA be�inning at a point on the west line of Lot 4 of said Ziegler and Mainzer's Subdivision a distance of 4.77 feet north of the southwest comer of said Lot 4; thence easterly 22.72 feet to a point 5.78 feet north of the sonth line of said Lot r; thence northeasterly a]ong a tangential curve concave to the northwest having a radius of 296.00 feet a distance of 223.87 feet, thence northeastezly, tangent to the last described curve a distance of 86.74 feet to a point 4.80 feet south of the north line of sald Zie�ler and Mainzer's Subdivision, said point bein; "Point A", and there terminating; and southerly and westetly of the following described line: That a permanent utility easement shail be retained on, over, under and across the vacated area on behalf of the Caty of Saint Paul, Aepaztment of Public Works to reserve the right of the City to maintain and opera[e any sewer in or upon said easement and to enter upon said easement or any portion thereof at any time and from time to time, for the purposes of future construction, reconstruction, inspeccing, maintaining or repairin� the same or any part thereof. Said utiliry easement shall be subject to Che followin� conditions: QO-�FIrA Council File # �—� .1 Green Sheet # (0 bqp 00 _4tto qg -9i1 4 5 6 7 10 ]1 12 13 14 IS 16 17 18 19 20 21 22 23 24 2� 2. 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 a. No buildings, structures, irees or any temporary structure, material srorage, fixture, or any other objects that will prohibit normal access to u[ility facilities for maintenance purposes will be pemutted within the easement area. b. 7mprovements in or upon the above described easement that do not prohibit the City from exercising its reserved rights may be allowed by obtaining written permission from the Aepartment of Public Works Sewer Division with the understanding that the restoration and costs of such improvements shall be the sole responsibility of the petitioner, its successors and assigns in the event the City exercises its reserved easement rights. c. � No change from the existing grade withln the easement area will be permitted without written permission from the Depaztment of Public Works. No change in surfacing within the easement area wi11 be permitted without written permission from the Department of Public Works. e. The petitioner, its successors and assi�ns shall indemnify, defend, and save harmless the City of Saint Paul, its officers, a�ents, 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 ne�ligence of the petitioner, its employees, a�ents, or business invitees. That a permanent utiiity easement sha11 be retained within the vacated area on behalf of the Clty of Saint Paul, Board of Water Commissioners subject to the following restrictions: a. No buildings, siructures, trees or any temporary structure, material storage, fixture, or other object that will prohibit normal access to water facilities for maintenance purposes will be permitted within the easement area,. � c. No chan�e from r.he existing grade will be permitted without written permission from the Water Ucility. No change in surfacing within the easement area will be permitted without written permission from the Water Utility. d. The petitioner, its successors and assigns shall fully indemnify, defend and save humless the Board of Water Commissioners, its officers, agents, employees, and servants from al] suits, action or claims which shall arise from any injuries or damages received or sus[ained 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. . 00 . �t1c. oR�G�NA� ��-��� 1 3. That a permanent utility easement shall be retained wi[hin the vacated area to protect the interest 2 of Northem States Power Company. 3 4 4. 5 6 7 5. That a permanent utility easement shall be retained within the vacated area to protect the interest of U.S. West Communication, Inc. That a permanent utility easement shall be retained within the vacated area to protec[ the interest of MediaOne, Saint Paul, Inc. 10 BE IT FURTHER RESOLVED, that the proper City officials are hereby authorized and directed to I 1 dispose of the property hereby vacated as provided in Chapter 51 of the Administrative Code.. Adopted by Council: Date �' �.� �, Adoptio Certified by Council Secretary - By: �� a- Approved by M�a 'or: Aate �� � By: �l� � • Requested by Department of: Technoloav & Manaaement Services By � t i Director Form Approved by City Attorney ° s �.�lJl�.r � - i - � �, �•.. -.� . . . . . . . • .�//� �.�//�� ;■� ' Return copy to: Real Fstate Division 140 City?-i��� Presented By Referred To Council Fyle # O e• H l4 r_YPP„ chPPr tt �su ��� WFIEREAS, on September 22, 1999, the Council approved CF# 99-921, vacating and approving the sale of vacant land taken for street right-of-way; and WHEREAS, the legal descripuon of the area vacated contained a typographical enor; THEREFORE BE IT RESOLVED, that lines 8 through 24 on page one of the said CF# 99-921 shall be amended to read as follows: All that part taken for street right-of-way of Ziegler and Mainzer's Subdivision of Block 13, Winslow's Addition and of Fischer and Leinau's Subdivision of Part of Lots 1 and 6, said Ziegier and Mainzer'S Subdivision lying norfherly and westerly of the following described line: 9 beginning at a point on the west line of Lot 4 of said Ziegler and Mainzer's Subdivision, a i o distance of 4.77 feet north of the southwest corner of said Lot 4; thence easterly 22.72 feet to a u point 5.78 feet north of the south line of said Lot 4; thence northeasterly along a tangential curve �2 concave to the northwest having a radius of 296.0 feet, a distance of 223.87 feet, thence �s northeasteriy, tangent to the last described curve, a distance of 86.74 feet to a point 4.80 feet ia south of the north line of said Ziegler and Mainzer's Subdivision, said point being "Point A", and is there terminaUng; ie and southerly and westerly of the following described line: i7 beginning at said "Point A"; thence northwesterly 5.02 feet to a point on the north line of said is Ziegler and Mainzer's Subdivision, 282.31 feet east of the northwest comer of said Ziegler and i9 Mainzer's Subdivision and there temunating. zo BE IT FURTHER RESOLVED, that a11 other terms and condiuons of the said CF# 99-921 sha11 zi remain in full force and effect. Requested by Department of: Adopted by Council: Date 30�0 Adoption Certified by Council Sec gtary B �6\ a- . P- Approved by ayor: Date �f'�1 a� � S 2l� By: �c�r.� ,�rv�i�P�i.� Technoloev & Manayement Services By: � Director Form Approved by City Attomey B �/.�111��-. Kf �ytao Approved by Mayor for Submission to Council By: ��ln^� � I vvr`-f1'`'�- Committee: Da[e V .M.S.lREAL ESTA'TE DIVISION Date: Apri117, 2000 reen h t Number: 104676 ontact Person and PLone Number- 2 EP6B7'MF,NT IItE 4 coDNCII. +�a Earl Carlson 266-8850 °m°" 1 A'TO� / `� UDCETDIRECTOR FFTCE�FFINADIQALSVCS mtbe on Comd Agenda by: . 3 YOB (OR ASSLST ESTATE DIVISION OTAL # OF SIGNATURE PAGES 1�ctm nra. tocazxoxs Fox stcxnz[�> CTIONREQUESTID: To amend CF# 99-921 to correct an error in fhe legal description. Ref: 1. Resolution for consideration; 2. Copy of CF# 94-921. CoMMENDA1TON& APPROVE (A) ORREJECT (R) ERSONAL SER�7ICE CONTRACTSMUST ANSWERT$EFOLLOWING: . Has t6e person/fitm ever worked mder a conhact for tLis depathnent? YES NO PL4M�INGCOMMISSION A SLpFF Haz this peison�5rm ever been a City employee? YES NO C1VIL SSRVICE COMMISSION . Does this perso�Srm posse..ss a skiD not nonnally possessed by any YES NO current C�ty employee? c� coamn� E lain all YES answers on a se arnte sheet and attach. UPPORTS WHICH COUNCIL BJECTivE? OUNCIL WARD(S) 2 D75TRICT PLANNING COUNCIL (� HITLATING PROBLEM, ISSIJE, OPPORTOHITY (Who, What, When Whem� Why?): The legal description of properly vacated by CF# 99-921 contained a typographical error. VANTAGESIFAPPROVED: This will correct the error. ISADVANfAGES IF APPROVED: None 7SADVAN'CAGES IF NOT APPROVED: CF# 99-921 could not be filed wit}i Ramsey County. OTAL AMOUNT OF TRANSACTiON: .pO.00 COSTlREVENL3E BUDGETED (CIILCLE ONE) YCS NO ING SOURCE: N�A ACTIVITY NUMBER: N�A ANCIAL INFORMATLON: (ERPLAIN� N/A � q � �a`si�'.'��' i":?'3��r�rv ,E°'q,-,iL� ..:`�; � � 2��� ✓ p��.�t�--`. Return copy to: Real Estate Division 140 City Iiall o�i���A�. C�7 Presented By Referred To Committee: Date �� BE IT RESOLVED, that, upon the petition of the City of Saint Paul on behalf of the Department of Public Works, as documented in Finance Department File Number I 1-1999, public properties hereinafter described, having been declared surplus to the needs of the City, aze hereby vacated and discontinued as public propezty. 6 The property to be vacated is described as follows: 7 8 all that part of Ziegler and Mainzer's Subdivision of Block 13, Winslo�v's Addi[ion and Fischer and 9 Lienau's's 5ubdivision taken for street ri�ht-of-way lying northerly and westerly of the following 10 described line: 11 12 13 14 15 16 17 is 19 20 21 22 23 2A 25 26 �� 2s beginning at said "Point A"; thence northwesterly 5.02 feet to a point on the north line of said Ziegler and Mainzer's Subdivision 2823] feet east of the northwest comer of said Zie�ler and Mainzer's Subdivision; and there terminating. This vaca[ion shall be subject to the terms and condition of Chapter 130, codified Mareh 1, 1951, of the Saint Paul I.egislative Code as amended, and to the following conditions: 29 1 30 31 32 33 34 ESOLUTION NT P L, i J ESOTA be�inning at a point on the west line of Lot 4 of said Ziegler and Mainzer's Subdivision a distance of 4.77 feet north of the southwest comer of said Lot 4; thence easterly 22.72 feet to a point 5.78 feet north of the sonth line of said Lot r; thence northeasterly a]ong a tangential curve concave to the northwest having a radius of 296.00 feet a distance of 223.87 feet, thence northeastezly, tangent to the last described curve a distance of 86.74 feet to a point 4.80 feet south of the north line of sald Zie�ler and Mainzer's Subdivision, said point bein; "Point A", and there terminating; and southerly and westetly of the following described line: That a permanent utility easement shail be retained on, over, under and across the vacated area on behalf of the Caty of Saint Paul, Aepaztment of Public Works to reserve the right of the City to maintain and opera[e any sewer in or upon said easement and to enter upon said easement or any portion thereof at any time and from time to time, for the purposes of future construction, reconstruction, inspeccing, maintaining or repairin� the same or any part thereof. Said utiliry easement shall be subject to Che followin� conditions: QO-�FIrA Council File # �—� .1 Green Sheet # (0 bqp 00 _4tto qg -9i1 4 5 6 7 10 ]1 12 13 14 IS 16 17 18 19 20 21 22 23 24 2� 2. 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 a. No buildings, structures, irees or any temporary structure, material srorage, fixture, or any other objects that will prohibit normal access to u[ility facilities for maintenance purposes will be pemutted within the easement area. b. 7mprovements in or upon the above described easement that do not prohibit the City from exercising its reserved rights may be allowed by obtaining written permission from the Aepartment of Public Works Sewer Division with the understanding that the restoration and costs of such improvements shall be the sole responsibility of the petitioner, its successors and assigns in the event the City exercises its reserved easement rights. c. � No change from the existing grade withln the easement area will be permitted without written permission from the Depaztment of Public Works. No change in surfacing within the easement area wi11 be permitted without written permission from the Department of Public Works. e. The petitioner, its successors and assi�ns shall indemnify, defend, and save harmless the City of Saint Paul, its officers, a�ents, 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 ne�ligence of the petitioner, its employees, a�ents, or business invitees. That a permanent utiiity easement sha11 be retained within the vacated area on behalf of the Clty of Saint Paul, Board of Water Commissioners subject to the following restrictions: a. No buildings, siructures, trees or any temporary structure, material storage, fixture, or other object that will prohibit normal access to water facilities for maintenance purposes will be permitted within the easement area,. � c. No chan�e from r.he existing grade will be permitted without written permission from the Water Ucility. No change in surfacing within the easement area will be permitted without written permission from the Water Utility. d. The petitioner, its successors and assigns shall fully indemnify, defend and save humless the Board of Water Commissioners, its officers, agents, employees, and servants from al] suits, action or claims which shall arise from any injuries or damages received or sus[ained 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. . 00 . �t1c. oR�G�NA� ��-��� 1 3. That a permanent utility easement shall be retained wi[hin the vacated area to protect the interest 2 of Northem States Power Company. 3 4 4. 5 6 7 5. That a permanent utility easement shall be retained within the vacated area to protect the interest of U.S. West Communication, Inc. That a permanent utility easement shall be retained within the vacated area to protec[ the interest of MediaOne, Saint Paul, Inc. 10 BE IT FURTHER RESOLVED, that the proper City officials are hereby authorized and directed to I 1 dispose of the property hereby vacated as provided in Chapter 51 of the Administrative Code.. Adopted by Council: Date �' �.� �, Adoptio Certified by Council Secretary - By: �� a- Approved by M�a 'or: Aate �� � By: �l� � • Requested by Department of: Technoloav & Manaaement Services By � t i Director Form Approved by City Attorney ° s �.�lJl�.r � - i - � �, �•.. -.� . . . . . . . • .�//� �.�//�� ;■� ' Return copy to: Real Fstate Division 140 City?-i��� Presented By Referred To Council Fyle # O e• H l4 r_YPP„ chPPr tt �su ��� WFIEREAS, on September 22, 1999, the Council approved CF# 99-921, vacating and approving the sale of vacant land taken for street right-of-way; and WHEREAS, the legal descripuon of the area vacated contained a typographical enor; THEREFORE BE IT RESOLVED, that lines 8 through 24 on page one of the said CF# 99-921 shall be amended to read as follows: All that part taken for street right-of-way of Ziegler and Mainzer's Subdivision of Block 13, Winslow's Addition and of Fischer and Leinau's Subdivision of Part of Lots 1 and 6, said Ziegier and Mainzer'S Subdivision lying norfherly and westerly of the following described line: 9 beginning at a point on the west line of Lot 4 of said Ziegler and Mainzer's Subdivision, a i o distance of 4.77 feet north of the southwest corner of said Lot 4; thence easterly 22.72 feet to a u point 5.78 feet north of the south line of said Lot 4; thence northeasterly along a tangential curve �2 concave to the northwest having a radius of 296.0 feet, a distance of 223.87 feet, thence �s northeasteriy, tangent to the last described curve, a distance of 86.74 feet to a point 4.80 feet ia south of the north line of said Ziegler and Mainzer's Subdivision, said point being "Point A", and is there terminaUng; ie and southerly and westerly of the following described line: i7 beginning at said "Point A"; thence northwesterly 5.02 feet to a point on the north line of said is Ziegler and Mainzer's Subdivision, 282.31 feet east of the northwest comer of said Ziegler and i9 Mainzer's Subdivision and there temunating. zo BE IT FURTHER RESOLVED, that a11 other terms and condiuons of the said CF# 99-921 sha11 zi remain in full force and effect. Requested by Department of: Adopted by Council: Date 30�0 Adoption Certified by Council Sec gtary B �6\ a- . P- Approved by ayor: Date �f'�1 a� � S 2l� By: �c�r.� ,�rv�i�P�i.� Technoloev & Manayement Services By: � Director Form Approved by City Attomey B �/.�111��-. Kf �ytao Approved by Mayor for Submission to Council By: ��ln^� � I vvr`-f1'`'�- Committee: Da[e V .M.S.lREAL ESTA'TE DIVISION Date: Apri117, 2000 reen h t Number: 104676 ontact Person and PLone Number- 2 EP6B7'MF,NT IItE 4 coDNCII. +�a Earl Carlson 266-8850 °m°" 1 A'TO� / `� UDCETDIRECTOR FFTCE�FFINADIQALSVCS mtbe on Comd Agenda by: . 3 YOB (OR ASSLST ESTATE DIVISION OTAL # OF SIGNATURE PAGES 1�ctm nra. tocazxoxs Fox stcxnz[�> CTIONREQUESTID: To amend CF# 99-921 to correct an error in fhe legal description. Ref: 1. Resolution for consideration; 2. Copy of CF# 94-921. CoMMENDA1TON& APPROVE (A) ORREJECT (R) ERSONAL SER�7ICE CONTRACTSMUST ANSWERT$EFOLLOWING: . Has t6e person/fitm ever worked mder a conhact for tLis depathnent? YES NO PL4M�INGCOMMISSION A SLpFF Haz this peison�5rm ever been a City employee? YES NO C1VIL SSRVICE COMMISSION . Does this perso�Srm posse..ss a skiD not nonnally possessed by any YES NO current C�ty employee? c� coamn� E lain all YES answers on a se arnte sheet and attach. UPPORTS WHICH COUNCIL BJECTivE? OUNCIL WARD(S) 2 D75TRICT PLANNING COUNCIL (� HITLATING PROBLEM, ISSIJE, OPPORTOHITY (Who, What, When Whem� Why?): The legal description of properly vacated by CF# 99-921 contained a typographical error. VANTAGESIFAPPROVED: This will correct the error. ISADVANfAGES IF APPROVED: None 7SADVAN'CAGES IF NOT APPROVED: CF# 99-921 could not be filed wit}i Ramsey County. OTAL AMOUNT OF TRANSACTiON: .pO.00 COSTlREVENL3E BUDGETED (CIILCLE ONE) YCS NO ING SOURCE: N�A ACTIVITY NUMBER: N�A ANCIAL INFORMATLON: (ERPLAIN� N/A � q � �a`si�'.'��' i":?'3��r�rv ,E°'q,-,iL� ..:`�; � � 2��� ✓ p��.�t�--`. Return copy to: Real Estate Division 140 City Iiall o�i���A�. C�7 Presented By Referred To Committee: Date �� BE IT RESOLVED, that, upon the petition of the City of Saint Paul on behalf of the Department of Public Works, as documented in Finance Department File Number I 1-1999, public properties hereinafter described, having been declared surplus to the needs of the City, aze hereby vacated and discontinued as public propezty. 6 The property to be vacated is described as follows: 7 8 all that part of Ziegler and Mainzer's Subdivision of Block 13, Winslo�v's Addi[ion and Fischer and 9 Lienau's's 5ubdivision taken for street ri�ht-of-way lying northerly and westerly of the following 10 described line: 11 12 13 14 15 16 17 is 19 20 21 22 23 2A 25 26 �� 2s beginning at said "Point A"; thence northwesterly 5.02 feet to a point on the north line of said Ziegler and Mainzer's Subdivision 2823] feet east of the northwest comer of said Zie�ler and Mainzer's Subdivision; and there terminating. This vaca[ion shall be subject to the terms and condition of Chapter 130, codified Mareh 1, 1951, of the Saint Paul I.egislative Code as amended, and to the following conditions: 29 1 30 31 32 33 34 ESOLUTION NT P L, i J ESOTA be�inning at a point on the west line of Lot 4 of said Ziegler and Mainzer's Subdivision a distance of 4.77 feet north of the southwest comer of said Lot 4; thence easterly 22.72 feet to a point 5.78 feet north of the sonth line of said Lot r; thence northeasterly a]ong a tangential curve concave to the northwest having a radius of 296.00 feet a distance of 223.87 feet, thence northeastezly, tangent to the last described curve a distance of 86.74 feet to a point 4.80 feet south of the north line of sald Zie�ler and Mainzer's Subdivision, said point bein; "Point A", and there terminating; and southerly and westetly of the following described line: That a permanent utility easement shail be retained on, over, under and across the vacated area on behalf of the Caty of Saint Paul, Aepaztment of Public Works to reserve the right of the City to maintain and opera[e any sewer in or upon said easement and to enter upon said easement or any portion thereof at any time and from time to time, for the purposes of future construction, reconstruction, inspeccing, maintaining or repairin� the same or any part thereof. Said utiliry easement shall be subject to Che followin� conditions: QO-�FIrA Council File # �—� .1 Green Sheet # (0 bqp 00 _4tto qg -9i1 4 5 6 7 10 ]1 12 13 14 IS 16 17 18 19 20 21 22 23 24 2� 2. 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 a. No buildings, structures, irees or any temporary structure, material srorage, fixture, or any other objects that will prohibit normal access to u[ility facilities for maintenance purposes will be pemutted within the easement area. b. 7mprovements in or upon the above described easement that do not prohibit the City from exercising its reserved rights may be allowed by obtaining written permission from the Aepartment of Public Works Sewer Division with the understanding that the restoration and costs of such improvements shall be the sole responsibility of the petitioner, its successors and assigns in the event the City exercises its reserved easement rights. c. � No change from the existing grade withln the easement area will be permitted without written permission from the Depaztment of Public Works. No change in surfacing within the easement area wi11 be permitted without written permission from the Department of Public Works. e. The petitioner, its successors and assi�ns shall indemnify, defend, and save harmless the City of Saint Paul, its officers, a�ents, 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 ne�ligence of the petitioner, its employees, a�ents, or business invitees. That a permanent utiiity easement sha11 be retained within the vacated area on behalf of the Clty of Saint Paul, Board of Water Commissioners subject to the following restrictions: a. No buildings, siructures, trees or any temporary structure, material storage, fixture, or other object that will prohibit normal access to water facilities for maintenance purposes will be permitted within the easement area,. � c. No chan�e from r.he existing grade will be permitted without written permission from the Water Ucility. No change in surfacing within the easement area will be permitted without written permission from the Water Utility. d. The petitioner, its successors and assigns shall fully indemnify, defend and save humless the Board of Water Commissioners, its officers, agents, employees, and servants from al] suits, action or claims which shall arise from any injuries or damages received or sus[ained 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. . 00 . �t1c. oR�G�NA� ��-��� 1 3. That a permanent utility easement shall be retained wi[hin the vacated area to protect the interest 2 of Northem States Power Company. 3 4 4. 5 6 7 5. That a permanent utility easement shall be retained within the vacated area to protect the interest of U.S. West Communication, Inc. That a permanent utility easement shall be retained within the vacated area to protec[ the interest of MediaOne, Saint Paul, Inc. 10 BE IT FURTHER RESOLVED, that the proper City officials are hereby authorized and directed to I 1 dispose of the property hereby vacated as provided in Chapter 51 of the Administrative Code.. Adopted by Council: Date �' �.� �, Adoptio Certified by Council Secretary - By: �� a- Approved by M�a 'or: Aate �� � By: �l� � • Requested by Department of: Technoloav & Manaaement Services By � t i Director Form Approved by City Attorney ° s �.�lJl�.r � - i - � �, �•.. -.� . . . . . . . • .�//� �.�//�� ;■� '