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�i;�i�w
- ' CITY OF SAINT PAUL � ' ��
INTERDEPARTMENTNL MEMORANDUM ' � �
� ����_�
To: Ron Maddox, Council President
and Members of the City Cauncil
F�om: J. William Donwan
Valuation and Assessment Engineer
Date: July 25, 1980
Sub3ect: Petition of h�til e,nd Nancy Lee Bollmeier for the
vacation of a portion of Totem Road that is ad�aceat
to Lot 4�F, Block 1, Burlington Heights Division No. 2.
Public Heaxing - Ju],y 29, 1980
The petitioners request this vacation to esta.bli.sh a line between their
property and Totem Road right-of-�ray. The petitioaers wish to ]andscape a,nd
improv�e their property without encroa.chment or violating a�y easemeat area or
public right-of way. The area that is proposed to be vaca.ted is 771.5 square
feet and is zoned R-l. An ea.sement was taken b} condemnation ov+er the praposed
va.cation area for the widening and extending of Burlington Rosd by Council File
No. 65828, adogted Msy 11, 19�6. •
�
The Department of Pablic Works has reviewed the proposed vacation and has no� .
ob�ection, sub�ect to an easemeat for snrn�r removal storage. The restrictions �
in the easement area wi11 be stated ],�ter in this report.
The Water Utility has an 8-inch wa,ter main an the same side of Totem Road as
the proposed vacation. It will be necessary Yor the Water Utility to retain -
an easeme� of a portion of the proposed vacated area..
Staff of the Department of planaing and Econocnic Dev�elop�ent has revie�red the
vacation and finds no ob�ection to the vacation as proposed.
The Building Code Enforceme� Office reco�rmends approval of thts va.cation.
There were no other ob3ections or recommendations i'�osn aqy other public or priva.te
agencies. imrolved.
In vie�w of the foregoing, I recommend that the vacation be appraved, sub�ect to
the folla�ring terms and conditions;
l. That the description of�the vacation read as follars:
That part of Lot �+, Block 1, Burlington Heights
Division No. 2; as acquired for the opening, widening
extending oP Burlington Avenue (Totem Roe.d) C.F. 6582�,
adapted May 11, 1926, bounded by the following deacribed
lines: . .
°�••�
- - �
_2_ . �����+�
Beginning at the Northeast corner of Lot
�+�+, thence wester�}r along the northerly
line of said Lot 44ya distance of 17.28 feet
more-or-less, thence southeaster�y in a
straight line to a point on the East line
of said Lot 44, a distance of 89.30 feet
more-or-less south of the Northeast corner
of said Lot �, thence north along the East
line of said Lot �+, a distance of 89.30 Peet
more-or-less to the point of beginning.
12. That the va.cation be sub�ect to all the terms and conditions
of Chapter 228 of the St. Paul Legisla.tive Code, as amended.
. � 3• Tha.t a perma.nent easement be retained by the Department of
Public Works for snow removal storage and by the Water Utility
for wa,ter main ma.intenance; that the easement area be de- r
scribed as follvws:
That part of Lot 44, �lock l, Burlington
Heights Division No. bounded by the follawing
described line:
�
Beginning at the Northeast corner of
said Lot 4�+; thence westerly along
the ,northerly line of said Lot �+4 a
distance oP 9.00 feet; thence Sauth-
easter],y and parallel to the wester]y
- line of sa,id described axea to be
� va.cated to the point of intersection
with the East Line of said Lot 44;
thence North along the Ea.st line of
said Lot �+ to the point of beginning.
Restrictions in the easement area are as follaas;
� a) That no buildings, structures, or trees are permitted
within the easement area, or a�y temporary structure,
� � material storage, fixture or other ob�ects that will
proh�:bit normal access to water facilities for main-
�enance purposes, or sncht removal stora.ge,
b) That no change in surfacing within the easement area
is permitted without written permission f`ram the Water
Utility and Public Works Department.
c) That no change f�om the existing grade is permitted
without written permission fram the Water Utility and
Public Works Dep�rtment. _
- .�.c�L � �,t��-�.<<e �, +�c.�. �....., :,,_� �T,��r,�.� ,� n�.: ,PSG,��,�,.
, d) That the petitione�; � su�cessors and assigns��ir�+t ����� �ro
fli71�y indemni�, defend and save harmless the City of
Saint paul, the Board of Water Commissioners, their
officers, agents, employees, and servants f�om all suits,
"' � _3_ �t r�,
, .
- ������
actions or claims which shall arise from ar�y
injuries or damages received or sustained by a�y �
break in ar�y service pipe, water main, or con-
nection in said reserved easement, arising out
of or resulting f�offi arXy action or negligence
of the petitione�, i� employees, a.gents or business
imritees. S -�t�c,�►.
=, �+. That the petitionerSpa.y to the City the sum of $250.00 as compen-
sation for the vacation.
�f5. That the petitionerS�rnish the City with a bond in the a.mount
of $5,000.00, and by acceptance of the terms a.nd conditions of
this vacation agrees to indemnify, defend and sa.v�e harmless the
City of Saint Paul, the Board of Water Commissioners, their
officers and employees f�om all suits, actions, or claims of ar�y
character, including, but not limited to, a claim braught be-
cause of ar�y in�uries, or damages received or sustained by a�y
person, persons or praperty, on accaunt of this vacation; or
because of ar�y act or amission, negl�ect or misconduct of said
petitione�; or because of ar�y claim or liability arising fram
or based on ax�y viol,ation of at�y•la.w or regulation made in � i
- accordance with the law, whether by the petitioners or aqy of �t �.�.t^�- `
a.gents or employees.
. '\ �
. i �
cc; Ma,yor George I,a.timer � -
. �
�
•.