The URL can be used to link to this page

00-912Retum copy to: Real Estate Division 140 City Hall co��i ��ie # oo - 91 � GreenSheet# 104?58' RESOLUTION CITY OF SAINT PAUL, MINNESOTA r��ar�a sy Referred To Committee: Date WHEREAS, the Council of the City of Saint Paul, upon the perition of Dennis Guptil, as contained in Technology Department File Numbered 21-99 did, by that resolution stated in Council File Numbered 00-321, approve the petition to vacate and discontinue as public property the foilowing property: "A portion of Fifth Street lying between the northerly extension of Lot S, Harner's Subdivision and the southerly extension of the easterly line of the westerly 5.75 feet of Lot 15, Block 3, Birnungham's Addition. " said petition was filed to help develop the area in and azound vacated right of way for new homes. 10 11 12 13 14 15 16 17 18 19 20 21 WHEREAS, a portion of description mentioned above from Council File Numbered 00-321 needs to be revised at the request of the Ramsey County Recorder's Office; and WHEREAS, the petitioner has requested this revision; NOW THEREFORE BE IT RESOLVED, that the above mentioned description in Council File Numbered 00-321 is hereby amended as follows: the phrase "Lot 8, " will be changed to " the east line of Lot 9, " AND BE IT FURTHER RESOLVED, that all other terms and conditions set forth in Council File Numbered 00-321 shall remain in full force and effect. Yeas Navs A� bsent� Requested by Department of: Adopted by Council: Date Adopti n Certified by By: Approved by Mayo . By: Technoloev & Manaeement Services By: ��GR� Director Form Approved by City Attorney By: ��w�""" q-(4-oro by Mayor for Submission to Council i� . - '��{ =� � � / �� r' ��/// ' � T.M.SJREAL ESTATE DIVISION Da�� September 18, Green Sheet Number: laa�ss 2000 _ oniac[ Peison and PLone Number: 2 EPAR � CfOR 4 CiTY COUNCII, m TomSawyer 266-8850 �� 1 YA1T O�� 4.�1.ao �' i1DGET DIItECfOR FFICE OF FINANCIAi, SVCS be on Co�mcil Agenda by: 3 YOR (OR ASSLSfANT) OTAL # OF SIGNATURE PAGES 1 cci,s au. LocaTTOxs sox sicxaruxE> CTION REQUESTED: Approve resolufion amending resolution C.F. # 00-321 chang'mg wording in legal description. COMMENDATIONS: APPROVE (A) OR RF.IECT (R) R30NAL SERVICE CONTRACTS M[JST ANSWER 1'I� FOLLOWING: . Has the person/6rm ever worked under a contract for this depar�ent? YES NO PLANIVN`G COMM65[ON A STAFF . Has this personlfirm ever been a City �loyee? YES NO CIVII. SERVICE COMMISSION . Does this person/firm possess a slull not normally possessed by any YES NO cm coMmm�ee current CitY �P�oY�' Fac lain all YES answers on a se arace sheet and attach. i3PPORTS WFIICH COUNCII. OBJECTIVE? COUNCII. WARD(S) ^] DISTRICT PLANNING COUNCII, a 17TATING PROBLEM, ISSUE, OPPOR'1'[JNI1•Y (Who, What, WLen, Where, Why?): Ramsey County requests a change in the wording of the legal description in order to facilitate filing of the above referenced resolution. DVANTAGESIFAPPROVED: The County will be able to rrecord the resolution giving clear title to the property. LSADVANTAGES IF APPROVED: � /C None. ��VE� V GD ISADVANTAGES IF NOT APPROVED: � The County will not be able to record the resolution. ��`( {��TQ�NEY OTAL AMOUN'P OF'I'RANSACTION: $O.00 COST/AEVEP]IJE BUDGETED (CII2CLE ONE) YES NO ING SOURCE: ACTIVI'1'Y NUMBER: INANCIAL INFORMATION: (EXPLAI� Return copy to: Real Estate Division 140 City Hall j a-,-.._ �d a�v-�,, _ /.�t � ORfGINAL ��\}� Council File # ee -3 a � Green Sheet # iC'-t ��. RESOLUTION CITY OF SAINT PAUL, MINNESOTA �g�t� B Referred To Committee: Date BE IT RESOLVED, that upon the petition of Dennis Guptil, as documented in Technology Department File Number 21-99, public properties hereinafter described aze hereby vacated and discontinued as public property. to ii tz is ia u I6 n is 19 zo zi zz Z3 za 25 26 n zs 29 so �i sz 33 34 ss 36 a. No buildings, structures, trees or aoy temporary structure, material storage, fixture, or any other objects that will prohibit normal access to utility facilities for maintenance purposes will be permitted within the easement area. s� b. Improvements in or upon the above described easement that do not prohibit the City from �s exercising its reserved rights may be allowed by obtaining written permission from the 3� Department of Public Works Sewer Division with the understandin� that the restoration ao and costs of such improvements shall be the sole responsibility of the petitioner, its at successors and assia s in the event the City exercises its reserved easement rights. The property to be vacated is described as follows: A portion of East Fifth Street lying between the northerly extension of Lot 8 Hamer's Subdivision and the southerly extension of the easterly line of the westerly 5.'IS feet of Lot 15, Block 3, Birmingham's Addition. A portion of Etna Street lying between the south line of the alley in Block 3 Birmingham's Addition extended and the north line of the alley in Hamer's Subdivision extended. A portion of the alley in Hamer's Subdivision abutting Lots 5, 6, 15 & 16 This vacation shall be subject to the terms and conditions of Chapter 130, codified March 1, 1981, of the Saint Paul L.egislative Code as amended, and to the following conditions: 1. That the petitioner's, their successors and assigns shall pay $500.00 as an administrative fee for this vacation which is due and payable within 60 days of the effective date of this resolution. 2. That a 30 foot wide permanent utility easement centered on a line 30 feet north of the south line of Fifth Street on behalf of the City of Saint Paul Department of Public Works to reserve the right of the City to maintain and operate any sewer in or upon said easement and to enter upon said easement from time to time, for the purposes of future construction, reconstruction, inspecting, maintaining or repairin� the same or any part thereof and shall be subject to the following conditions: 56 ao_�� io tt tz 13 from any action or negliQence of the petitioner, its employees, agents, or business invitees. ia 3. That the petitioner shall pay al] costs and expenses for the reconstruction of the intersection of is Fifth and Clarence Streets; and the north and south ends of Etna Street where the public right-of- �b way intersects with the vacated right-of-way, to the satisfactian of the Department of Public i� Works under an ordinance pernut, including but not limited to, the construction of new curbs, �a sidewalks, boulevards, drainage structures and signage, to remove all appearances of public �9 right-of-way. zo zi 4. That the petitioner shall be responsible for the construction, maintenance and ongoing ]iability of zz their private drive in that part of Fifth Street lying east of Clarence Street and west of the portion zs of Fifth Street being vacated. This includes but is not limited to pavement, curb, gutter, sewer za zs za n zs 29 30 3l 32 33 34 35 36 37 38 39 40 ai 42 43 aa as 46 a� 48 49 so s� 52 c. � I�io change from the existing grade within the easement area will be permitted without written pemussion from the Director of the Department of Public Works. 00-3A` No change in surfacing within the easement azea will be pemutted without written permission from the Director of the Department of Public Works. e. The petitioner, its successors and assib s 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 dama�es received or sustained by any break in any service pipe or connection in said rreserved easement arisin� out of or resultin� construction, repair and reconstruction, snow plowing, sanding, sib installation and maintenance, all to the satisfaction of the Department of Public Works. That the petitioner shall be responsible for all costs and expenses for any work in the piblic right- of-way required due to their development; all such work to be accomplished to the satisfaction of the Department of Public Works under an ordinance permit. 6. That the private drive in the vacated portion of Fifth Street shall be designated as Fifth Street to allow for continuity in house numbering and appropriate addresses shall be officially assigned by the Department of Public Works. F7 � That a permanent utility easement shall be retainedwithin the vacated area to protect the interest of U.S. West Communications, Inc. That a permanent utility easement shall be retained within the vacated area to protect the interest of MediaOne. 9. That the petitioner, their successors and assigns aa ee to idemnify, defend and save harmless the City of Saint Paul, its officers, and employees from all suits, actions, or claims of any character brou�ht as a result of injuries or damages received or sustained by any person, persons, or property on account of this vacation or petitioner s use of this property, including but not limited to a claim brought because of any act of omission, neglect, or misconduct of said petitioner or because of any claims or liability arising from any violation of any law or regulation made in accordance with the law, whether by the petitioner or any of their a�ents or employees. 10. That the petitioner, their successors and assi�ns, shall within 60 days of the effective date of this resolution, file with the City Clerk an acceptance in writingof the conditions of this resolution ae-4ti�- z s a s 6 � 8 9 10 !1 l2 I3 (4 IS l6 I7 t8 19 �p ?1 ,� �� , zs ?6 and shall within the period(s) specified in the terms and conditions of this resolution, comply in all respects with these terms and conditions. Oo-3i.1 By: � Approved by By: Requested by Department of: TechnoloQv & Mana�ement Services B �,.t.wL U '� Director Form Approved by City Attomey s �-�L�l/,�— �� o � Approved by Mayor For Submission to Council By. ��%�L-G`L�- Adopted by Council: Date +� � S�oc,. � Adoption �rti£ed by Councj� Secretary Retum copy to: Real Estate Division 140 City Hall co��i ��ie # oo - 91 � GreenSheet# 104?58' RESOLUTION CITY OF SAINT PAUL, MINNESOTA r��ar�a sy Referred To Committee: Date WHEREAS, the Council of the City of Saint Paul, upon the perition of Dennis Guptil, as contained in Technology Department File Numbered 21-99 did, by that resolution stated in Council File Numbered 00-321, approve the petition to vacate and discontinue as public property the foilowing property: "A portion of Fifth Street lying between the northerly extension of Lot S, Harner's Subdivision and the southerly extension of the easterly line of the westerly 5.75 feet of Lot 15, Block 3, Birnungham's Addition. " said petition was filed to help develop the area in and azound vacated right of way for new homes. 10 11 12 13 14 15 16 17 18 19 20 21 WHEREAS, a portion of description mentioned above from Council File Numbered 00-321 needs to be revised at the request of the Ramsey County Recorder's Office; and WHEREAS, the petitioner has requested this revision; NOW THEREFORE BE IT RESOLVED, that the above mentioned description in Council File Numbered 00-321 is hereby amended as follows: the phrase "Lot 8, " will be changed to " the east line of Lot 9, " AND BE IT FURTHER RESOLVED, that all other terms and conditions set forth in Council File Numbered 00-321 shall remain in full force and effect. Yeas Navs A� bsent� Requested by Department of: Adopted by Council: Date Adopti n Certified by By: Approved by Mayo . By: Technoloev & Manaeement Services By: ��GR� Director Form Approved by City Attorney By: ��w�""" q-(4-oro by Mayor for Submission to Council i� . - '��{ =� � � / �� r' ��/// ' � T.M.SJREAL ESTATE DIVISION Da�� September 18, Green Sheet Number: laa�ss 2000 _ oniac[ Peison and PLone Number: 2 EPAR � CfOR 4 CiTY COUNCII, m TomSawyer 266-8850 �� 1 YA1T O�� 4.�1.ao �' i1DGET DIItECfOR FFICE OF FINANCIAi, SVCS be on Co�mcil Agenda by: 3 YOR (OR ASSLSfANT) OTAL # OF SIGNATURE PAGES 1 cci,s au. LocaTTOxs sox sicxaruxE> CTION REQUESTED: Approve resolufion amending resolution C.F. # 00-321 chang'mg wording in legal description. COMMENDATIONS: APPROVE (A) OR RF.IECT (R) R30NAL SERVICE CONTRACTS M[JST ANSWER 1'I� FOLLOWING: . Has the person/6rm ever worked under a contract for this depar�ent? YES NO PLANIVN`G COMM65[ON A STAFF . Has this personlfirm ever been a City �loyee? YES NO CIVII. SERVICE COMMISSION . Does this person/firm possess a slull not normally possessed by any YES NO cm coMmm�ee current CitY �P�oY�' Fac lain all YES answers on a se arace sheet and attach. i3PPORTS WFIICH COUNCII. OBJECTIVE? COUNCII. WARD(S) ^] DISTRICT PLANNING COUNCII, a 17TATING PROBLEM, ISSUE, OPPOR'1'[JNI1•Y (Who, What, WLen, Where, Why?): Ramsey County requests a change in the wording of the legal description in order to facilitate filing of the above referenced resolution. DVANTAGESIFAPPROVED: The County will be able to rrecord the resolution giving clear title to the property. LSADVANTAGES IF APPROVED: � /C None. ��VE� V GD ISADVANTAGES IF NOT APPROVED: � The County will not be able to record the resolution. ��`( {��TQ�NEY OTAL AMOUN'P OF'I'RANSACTION: $O.00 COST/AEVEP]IJE BUDGETED (CII2CLE ONE) YES NO ING SOURCE: ACTIVI'1'Y NUMBER: INANCIAL INFORMATION: (EXPLAI� Return copy to: Real Estate Division 140 City Hall j a-,-.._ �d a�v-�,, _ /.�t � ORfGINAL ��\}� Council File # ee -3 a � Green Sheet # iC'-t ��. RESOLUTION CITY OF SAINT PAUL, MINNESOTA �g�t� B Referred To Committee: Date BE IT RESOLVED, that upon the petition of Dennis Guptil, as documented in Technology Department File Number 21-99, public properties hereinafter described aze hereby vacated and discontinued as public property. to ii tz is ia u I6 n is 19 zo zi zz Z3 za 25 26 n zs 29 so �i sz 33 34 ss 36 a. No buildings, structures, trees or aoy temporary structure, material storage, fixture, or any other objects that will prohibit normal access to utility facilities for maintenance purposes will be permitted within the easement area. s� b. Improvements in or upon the above described easement that do not prohibit the City from �s exercising its reserved rights may be allowed by obtaining written permission from the 3� Department of Public Works Sewer Division with the understandin� that the restoration ao and costs of such improvements shall be the sole responsibility of the petitioner, its at successors and assia s in the event the City exercises its reserved easement rights. The property to be vacated is described as follows: A portion of East Fifth Street lying between the northerly extension of Lot 8 Hamer's Subdivision and the southerly extension of the easterly line of the westerly 5.'IS feet of Lot 15, Block 3, Birmingham's Addition. A portion of Etna Street lying between the south line of the alley in Block 3 Birmingham's Addition extended and the north line of the alley in Hamer's Subdivision extended. A portion of the alley in Hamer's Subdivision abutting Lots 5, 6, 15 & 16 This vacation shall be subject to the terms and conditions of Chapter 130, codified March 1, 1981, of the Saint Paul L.egislative Code as amended, and to the following conditions: 1. That the petitioner's, their successors and assigns shall pay $500.00 as an administrative fee for this vacation which is due and payable within 60 days of the effective date of this resolution. 2. That a 30 foot wide permanent utility easement centered on a line 30 feet north of the south line of Fifth Street on behalf of the City of Saint Paul Department of Public Works to reserve the right of the City to maintain and operate any sewer in or upon said easement and to enter upon said easement from time to time, for the purposes of future construction, reconstruction, inspecting, maintaining or repairin� the same or any part thereof and shall be subject to the following conditions: 56 ao_�� io tt tz 13 from any action or negliQence of the petitioner, its employees, agents, or business invitees. ia 3. That the petitioner shall pay al] costs and expenses for the reconstruction of the intersection of is Fifth and Clarence Streets; and the north and south ends of Etna Street where the public right-of- �b way intersects with the vacated right-of-way, to the satisfactian of the Department of Public i� Works under an ordinance pernut, including but not limited to, the construction of new curbs, �a sidewalks, boulevards, drainage structures and signage, to remove all appearances of public �9 right-of-way. zo zi 4. That the petitioner shall be responsible for the construction, maintenance and ongoing ]iability of zz their private drive in that part of Fifth Street lying east of Clarence Street and west of the portion zs of Fifth Street being vacated. This includes but is not limited to pavement, curb, gutter, sewer za zs za n zs 29 30 3l 32 33 34 35 36 37 38 39 40 ai 42 43 aa as 46 a� 48 49 so s� 52 c. � I�io change from the existing grade within the easement area will be permitted without written pemussion from the Director of the Department of Public Works. 00-3A` No change in surfacing within the easement azea will be pemutted without written permission from the Director of the Department of Public Works. e. The petitioner, its successors and assib s 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 dama�es received or sustained by any break in any service pipe or connection in said rreserved easement arisin� out of or resultin� construction, repair and reconstruction, snow plowing, sanding, sib installation and maintenance, all to the satisfaction of the Department of Public Works. That the petitioner shall be responsible for all costs and expenses for any work in the piblic right- of-way required due to their development; all such work to be accomplished to the satisfaction of the Department of Public Works under an ordinance permit. 6. That the private drive in the vacated portion of Fifth Street shall be designated as Fifth Street to allow for continuity in house numbering and appropriate addresses shall be officially assigned by the Department of Public Works. F7 � That a permanent utility easement shall be retainedwithin the vacated area to protect the interest of U.S. West Communications, Inc. That a permanent utility easement shall be retained within the vacated area to protect the interest of MediaOne. 9. That the petitioner, their successors and assigns aa ee to idemnify, defend and save harmless the City of Saint Paul, its officers, and employees from all suits, actions, or claims of any character brou�ht as a result of injuries or damages received or sustained by any person, persons, or property on account of this vacation or petitioner s use of this property, including but not limited to a claim brought because of any act of omission, neglect, or misconduct of said petitioner or because of any claims or liability arising from any violation of any law or regulation made in accordance with the law, whether by the petitioner or any of their a�ents or employees. 10. That the petitioner, their successors and assi�ns, shall within 60 days of the effective date of this resolution, file with the City Clerk an acceptance in writingof the conditions of this resolution ae-4ti�- z s a s 6 � 8 9 10 !1 l2 I3 (4 IS l6 I7 t8 19 �p ?1 ,� �� , zs ?6 and shall within the period(s) specified in the terms and conditions of this resolution, comply in all respects with these terms and conditions. Oo-3i.1 By: � Approved by By: Requested by Department of: TechnoloQv & Mana�ement Services B �,.t.wL U '� Director Form Approved by City Attomey s �-�L�l/,�— �� o � Approved by Mayor For Submission to Council By. ��%�L-G`L�- Adopted by Council: Date +� � S�oc,. � Adoption �rti£ed by Councj� Secretary Retum copy to: Real Estate Division 140 City Hall co��i ��ie # oo - 91 � GreenSheet# 104?58' RESOLUTION CITY OF SAINT PAUL, MINNESOTA r��ar�a sy Referred To Committee: Date WHEREAS, the Council of the City of Saint Paul, upon the perition of Dennis Guptil, as contained in Technology Department File Numbered 21-99 did, by that resolution stated in Council File Numbered 00-321, approve the petition to vacate and discontinue as public property the foilowing property: "A portion of Fifth Street lying between the northerly extension of Lot S, Harner's Subdivision and the southerly extension of the easterly line of the westerly 5.75 feet of Lot 15, Block 3, Birnungham's Addition. " said petition was filed to help develop the area in and azound vacated right of way for new homes. 10 11 12 13 14 15 16 17 18 19 20 21 WHEREAS, a portion of description mentioned above from Council File Numbered 00-321 needs to be revised at the request of the Ramsey County Recorder's Office; and WHEREAS, the petitioner has requested this revision; NOW THEREFORE BE IT RESOLVED, that the above mentioned description in Council File Numbered 00-321 is hereby amended as follows: the phrase "Lot 8, " will be changed to " the east line of Lot 9, " AND BE IT FURTHER RESOLVED, that all other terms and conditions set forth in Council File Numbered 00-321 shall remain in full force and effect. Yeas Navs A� bsent� Requested by Department of: Adopted by Council: Date Adopti n Certified by By: Approved by Mayo . By: Technoloev & Manaeement Services By: ��GR� Director Form Approved by City Attorney By: ��w�""" q-(4-oro by Mayor for Submission to Council i� . - '��{ =� � � / �� r' ��/// ' � T.M.SJREAL ESTATE DIVISION Da�� September 18, Green Sheet Number: laa�ss 2000 _ oniac[ Peison and PLone Number: 2 EPAR � CfOR 4 CiTY COUNCII, m TomSawyer 266-8850 �� 1 YA1T O�� 4.�1.ao �' i1DGET DIItECfOR FFICE OF FINANCIAi, SVCS be on Co�mcil Agenda by: 3 YOR (OR ASSLSfANT) OTAL # OF SIGNATURE PAGES 1 cci,s au. LocaTTOxs sox sicxaruxE> CTION REQUESTED: Approve resolufion amending resolution C.F. # 00-321 chang'mg wording in legal description. COMMENDATIONS: APPROVE (A) OR RF.IECT (R) R30NAL SERVICE CONTRACTS M[JST ANSWER 1'I� FOLLOWING: . Has the person/6rm ever worked under a contract for this depar�ent? YES NO PLANIVN`G COMM65[ON A STAFF . Has this personlfirm ever been a City �loyee? YES NO CIVII. SERVICE COMMISSION . Does this person/firm possess a slull not normally possessed by any YES NO cm coMmm�ee current CitY �P�oY�' Fac lain all YES answers on a se arace sheet and attach. i3PPORTS WFIICH COUNCII. OBJECTIVE? COUNCII. WARD(S) ^] DISTRICT PLANNING COUNCII, a 17TATING PROBLEM, ISSUE, OPPOR'1'[JNI1•Y (Who, What, WLen, Where, Why?): Ramsey County requests a change in the wording of the legal description in order to facilitate filing of the above referenced resolution. DVANTAGESIFAPPROVED: The County will be able to rrecord the resolution giving clear title to the property. LSADVANTAGES IF APPROVED: � /C None. ��VE� V GD ISADVANTAGES IF NOT APPROVED: � The County will not be able to record the resolution. ��`( {��TQ�NEY OTAL AMOUN'P OF'I'RANSACTION: $O.00 COST/AEVEP]IJE BUDGETED (CII2CLE ONE) YES NO ING SOURCE: ACTIVI'1'Y NUMBER: INANCIAL INFORMATION: (EXPLAI� Return copy to: Real Estate Division 140 City Hall j a-,-.._ �d a�v-�,, _ /.�t � ORfGINAL ��\}� Council File # ee -3 a � Green Sheet # iC'-t ��. RESOLUTION CITY OF SAINT PAUL, MINNESOTA �g�t� B Referred To Committee: Date BE IT RESOLVED, that upon the petition of Dennis Guptil, as documented in Technology Department File Number 21-99, public properties hereinafter described aze hereby vacated and discontinued as public property. to ii tz is ia u I6 n is 19 zo zi zz Z3 za 25 26 n zs 29 so �i sz 33 34 ss 36 a. No buildings, structures, trees or aoy temporary structure, material storage, fixture, or any other objects that will prohibit normal access to utility facilities for maintenance purposes will be permitted within the easement area. s� b. Improvements in or upon the above described easement that do not prohibit the City from �s exercising its reserved rights may be allowed by obtaining written permission from the 3� Department of Public Works Sewer Division with the understandin� that the restoration ao and costs of such improvements shall be the sole responsibility of the petitioner, its at successors and assia s in the event the City exercises its reserved easement rights. The property to be vacated is described as follows: A portion of East Fifth Street lying between the northerly extension of Lot 8 Hamer's Subdivision and the southerly extension of the easterly line of the westerly 5.'IS feet of Lot 15, Block 3, Birmingham's Addition. A portion of Etna Street lying between the south line of the alley in Block 3 Birmingham's Addition extended and the north line of the alley in Hamer's Subdivision extended. A portion of the alley in Hamer's Subdivision abutting Lots 5, 6, 15 & 16 This vacation shall be subject to the terms and conditions of Chapter 130, codified March 1, 1981, of the Saint Paul L.egislative Code as amended, and to the following conditions: 1. That the petitioner's, their successors and assigns shall pay $500.00 as an administrative fee for this vacation which is due and payable within 60 days of the effective date of this resolution. 2. That a 30 foot wide permanent utility easement centered on a line 30 feet north of the south line of Fifth Street on behalf of the City of Saint Paul Department of Public Works to reserve the right of the City to maintain and operate any sewer in or upon said easement and to enter upon said easement from time to time, for the purposes of future construction, reconstruction, inspecting, maintaining or repairin� the same or any part thereof and shall be subject to the following conditions: 56 ao_�� io tt tz 13 from any action or negliQence of the petitioner, its employees, agents, or business invitees. ia 3. That the petitioner shall pay al] costs and expenses for the reconstruction of the intersection of is Fifth and Clarence Streets; and the north and south ends of Etna Street where the public right-of- �b way intersects with the vacated right-of-way, to the satisfactian of the Department of Public i� Works under an ordinance pernut, including but not limited to, the construction of new curbs, �a sidewalks, boulevards, drainage structures and signage, to remove all appearances of public �9 right-of-way. zo zi 4. That the petitioner shall be responsible for the construction, maintenance and ongoing ]iability of zz their private drive in that part of Fifth Street lying east of Clarence Street and west of the portion zs of Fifth Street being vacated. This includes but is not limited to pavement, curb, gutter, sewer za zs za n zs 29 30 3l 32 33 34 35 36 37 38 39 40 ai 42 43 aa as 46 a� 48 49 so s� 52 c. � I�io change from the existing grade within the easement area will be permitted without written pemussion from the Director of the Department of Public Works. 00-3A` No change in surfacing within the easement azea will be pemutted without written permission from the Director of the Department of Public Works. e. The petitioner, its successors and assib s 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 dama�es received or sustained by any break in any service pipe or connection in said rreserved easement arisin� out of or resultin� construction, repair and reconstruction, snow plowing, sanding, sib installation and maintenance, all to the satisfaction of the Department of Public Works. That the petitioner shall be responsible for all costs and expenses for any work in the piblic right- of-way required due to their development; all such work to be accomplished to the satisfaction of the Department of Public Works under an ordinance permit. 6. That the private drive in the vacated portion of Fifth Street shall be designated as Fifth Street to allow for continuity in house numbering and appropriate addresses shall be officially assigned by the Department of Public Works. F7 � That a permanent utility easement shall be retainedwithin the vacated area to protect the interest of U.S. West Communications, Inc. That a permanent utility easement shall be retained within the vacated area to protect the interest of MediaOne. 9. That the petitioner, their successors and assigns aa ee to idemnify, defend and save harmless the City of Saint Paul, its officers, and employees from all suits, actions, or claims of any character brou�ht as a result of injuries or damages received or sustained by any person, persons, or property on account of this vacation or petitioner s use of this property, including but not limited to a claim brought because of any act of omission, neglect, or misconduct of said petitioner or because of any claims or liability arising from any violation of any law or regulation made in accordance with the law, whether by the petitioner or any of their a�ents or employees. 10. That the petitioner, their successors and assi�ns, shall within 60 days of the effective date of this resolution, file with the City Clerk an acceptance in writingof the conditions of this resolution ae-4ti�- z s a s 6 � 8 9 10 !1 l2 I3 (4 IS l6 I7 t8 19 �p ?1 ,� �� , zs ?6 and shall within the period(s) specified in the terms and conditions of this resolution, comply in all respects with these terms and conditions. Oo-3i.1 By: � Approved by By: Requested by Department of: TechnoloQv & Mana�ement Services B �,.t.wL U '� Director Form Approved by City Attomey s �-�L�l/,�— �� o � Approved by Mayor For Submission to Council By. ��%�L-G`L�- Adopted by Council: Date +� � S�oc,. � Adoption �rti£ed by Councj� Secretary