96-1354 �S � .
Return copy to: � r Council File# �. • 3 S�y
Real Estate Division
140 City Hall Green Sheet# 34 Z 3
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA (p9
Presented By ��.,cn��
e
Referred To Committee: Date
1 RESOLVED,that upon the petition of The City of Saint Paul, per Finance Department File Number 1-1996,
2 public properties herinafter described are hereby vacated and discontinued as public property; and, subject to the
3 herein stated exceptions, the easements within those public properties are hereby released.
4
5 The vacated are is described as follows:
6
7 Winthrop Street, between the North side of Larry Ho Drive and the South side of North Park
8 Drive
9
10 This vacation shall be subject to the terms and conditions of Chapter 130, codified March 1, 1981, of the
11 Saint Paul Legislative Code as amended, and to the following conditions:
12
13 1. That a permanent utility easement shall be retained on, over, under and across the vacated area on
14 behalf of the City of Saint Paul, Department of Public Works to use existing storm drainage
15 outlets to drain storm water to Battle Creek and to maintain and operate any sewer in or upon
16 said easement and to enter upon said easement or any portion thereof at any time and from time
17 to time, for the purposes of future construction, reconstruction, inspecting, maintaining or
18 repairing the same or any part thereof and sha11 be subject to the following conditions:
19
20 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any
21 other objects that will prohibit normal access to utility facilities for maintenance purposes
22 will be permitted within the easement area.
23
24 b. Improvements in or upon the above described easement that do not prohibit the City from
25 exercising its reserved rights may be allowed by obtaining written permission from the
26 Department of Public Works Sewer Division with the understanding that the restoration
27 and costs of such improvements sha11 be the sole responsibility of the petitioner, its
28 successors and assigns in the event the City exercises its reserved easement rights.
29
30 c. No change from the existing grade or change in surfacing within the easement area will be
31 pernutted without written pernussion from the Department of Public Works.
32
33 d. The petitioner, its successors and assigns sha11 indemnify, defend, and save harmless the
34 City of Saint Paul, its officers, agents, employees, and servants from a11 suits, actions, or
35 claims which shall arise from any injuries or damages received or sustained by any break in
36 any service pipe or connection in said reserved easement arising out of or resulting from
37 any action or negligence of the petitioner, its employees, agents, or business invitees.
38
� � - q�-��sy
1 2. That a permanent utility easement shall be retained within the vacated area to to protect the
2 interest of Northern States Power Company.
3
4 3. That the petitioner, its successors, and assigns agree to indemnify, defend and save harrriless the
5 City of Saint Paul, its officers, and employees from a11 suits, actions, or claims of any character
6 brought as a result of injuries or damages received or sustained by any person, persons, or
7 property on account of this vacation or petitioner's use of this property, including but not limited
8 to a claim brought because of any act of omission, neglect, or misconduct of said petitioner or
9 because of any claims or liability arising from any violation of any law or regulation made in
10 accordance with the law, whether by the petitioner or any of their agents or employees
11
12 4. That the petitioner, its successors and assigns sha11, within 60 days of the effective date of this
13 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution and
14 sha11 within the period(s) specified in the terms and conditions of this resolution, comply in all
15 respects with these terms and conditions.
16
;
Yeas Na s Absent
Blake 00 Requested by Department of
Bostrom 0✓ 0 Finance&Mana�ement Services
Guerin 00
Harris ✓00
Me ard 00 By:
Rettman 00 Director
Thune ✓00 Form Approv by City Attorney
Adopted by uncil: Date C` ,'� iyy By: �v
Adoption ertified by Coun i Se
By: G Approved by Mayor for Submission to Council
Approved y Mayor• ate C
By: By: �� ����