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267344 WH17E - CITV CLERK COIIIICII .��44 PINK - FINANCE GITY OF SAINT PAITL � CANARV -DEPARTMENT � � � BLUE y- MAYOR File �NO. ' Council Resolution Presented By � Referred To Committee: Date Out of Committee By Date WHEREAS, the Citx Council by its Resolution C.F. 267112 adopted April 27, 1976, upon the petition of Whirlpool Corpo- ration vacated portions of Whitall Street as more fully described therein, subject to certain terms and conditions as contained in the report of the City Valuation Engineer dated March 23, 1976; and WHEREAS, the resolution that was duly adopted failed to contain condition No. 7 as set forth in the said letter of the City Valuation Engineer, which omission was by error; now, therefore, be it RESOLVED, that the Council of the City of Saint Paul does hereby amend Resolution C.F. 267112 which vacated portions of Whitall Street so as to add the following term and condition to the said vacation, which term and condition was approved by the City Council at the public hearing in which the vacation petition was approved and which term and condition reads as follows: Paragraph No. 6. That the petitioner pay to the City the sum of $7,950 as compensation for the vacation of the platted street and furnish the City with a bond in the amount of $10, 000. and; be it FURTHER RESOLVED, that except as modif ied above, the terms and conditions of the said vacation of street Resolution C.F. 267112 shall continue in full force and effect. COUNCILMEN Requested by Department of: Yeas Nays � 9� Butler L,. � Hunt -� [n Favor Levine � �� Against BY Tedesco President � � Sylvester �8 �8 Form Approve by ity rney Adopted by Cou . Date � Certified ssed b ounci S cretary BY � . By Approve b Mayor: Date JUN � Q 1976 Approved by Mayor for S is on to Council .. By BY �UB��SHE� JUN 19 1976 2 u �-2 wHiT�, - C17FV CI.ERK 4 �y COUIICll� • r�y �. PINK - FINANCE GITY OF SAINT PAUL .� (� CANARV - OEPARTMENT File NO. BLUE - MAVOR ' i � �.� Council Resolution `��:'�� .4 Presented By � Referred To Committee: Date _ ` Out of Committee By Date RESOLVED, That upon the petition of Whirlpool Corporation, that section of public street hereinafter described, be and the same hereby is vacated and dis- '` continued as a public street: a) All that part of Whitall Street � as platted in Schurmeier's Sub- division of Blocks 38 and 39 of Arlington Hills; b) Also, that part of Whitall Street as platted in Charles Weide's Sub- division of Block 40 of Arlington Hills Addition to St. Paul, subject to Arcade Street, as widened; c) Also, Whitall Street as opened across the follow.�ng described prop- erty: All those parts of Lots 15, 16, 17, 18, 19 and 20, Charles Weide' s Subdivision of Block 40, Arlington Hills Addition, lying south of a straight line extending from a point on the south line of aforesaid Lot 15 that is 8.3 feet east of the south- west corner of said Lot 15 to the COUNCILMEN Yeas Nays , Requested by Department of: Christensen Pres. Hozza In Favor Levine Rcedler Against BY Sylvester Tedesco 1��PXDd�}C Hunt - Form Approved by Ci� ttorney Adopted by Council: Date Certified Passed by Council Secretary BY � ) B}� Approved by Mayor: Date Approved by Mayor for Submission to Council By BY � " . . . � �6'7_1.�2 . �s�4�� t r northwest corner of aforesaid Lot 25; also, Lot 25, except the East 14 feet thereof in sa� d Charles Weide' s � Subdivision. - subject expressly to the following conditions and reservatic��s : l. That the vacation be subject to all the terms and conditions of Chapter 228 of the St. Paul Legislative Code, as amended. 2. �hat the petitioner provide by separate docu- ment a written agreement granting the Department of Public Works access to its sewer lines abutting the west end of Whitall Street vacated, said agreement to be acceptable to said depart- ment and in a manner and form approved by the City Attorney. The term of said agreement to be until the two parties agree on a mutually desirable alternate location. 3. That a permanent sewer easement be retained over that part of Whitall Street lying Southwesterly of a line 20 feet Northeasterly of and parallel to the Northeasterly Right-of-way line of the Burling- ton Northern Railroad. Said permanent sewer ease- ment must be subject to the following restrictions : a) That no buildings or permanent structures will be permitted within the easement area. b) That no change in grade or surfacing will be permitted without written authority of the Hydraulics Bureau of the Department of Public Works. c) That the easement include the perpetual right of the Public Works Department to construct, maintain, operate and repair sewer structures within this area, toqether with a perpetual easement far' ingress and eg'ress to said ease- ment and manhole as provided in Condition No. 2 above. AENT GITY OF SAINT PALTL Council �ys�� • File N 0. - � j�_� Council Resolution �ed By Referred To Committee: Date Out of Committee By 3 Date 4. That the petitioner p�ovide by separate document a written agreement granting the Department of Fire and Safety Services ac�ess , to Whirlpool Building No. 17 and the L.P. yas � storage tanks on the west end of Whitall Street vacated, said agreement to be acceptable to the Department of Fire and Safety Services and in a manner and form approved by the City Attoiney. The term of said agreement to be until the two parties agree on a mutually acceptable alt�rnate location. Also, that the petitioner furtYier agree to hold the Department of Fire and Safety Services harmless from any damage to the security gate within the vacated street. 5. That the land described above, subparagraph c, � � vacated by this resolution, having been acquired by condemnation and dedicated for public street purposes, the Council of the City of Saint paul in accordance with Section 87A.01 (6) , does here3y approve and authorize the conveyance by Quit Claim Deed of the City's interest in that portion of � street vacated by this resolution, to the owner of the tract of land which immediately abuts and is contiguous to said section of street, the convey- ance to be made for the sum of $5,850, which sum is the fair market value of the property as appraised a�d reported by the City Valuation Engineer, and the sale shall be consummated and the purchase price received by the City within 60 days COUNCILMEN resolution. Yeas Nays Requested by Department of: Christensen Pres. Hozza [n Favor Levine D Roedler Against BY Sylvester Tedesco �PXe6'�itlext Hunt � ,. , Form Approved bY� ity Attorn Adopted by Council: Date 4:�'� � ��' I � Certified Pas by ncil Se etary By By . ` "-•' c ^-� < .'. .. ` � = Approved b Ma or or Submission to Council Approve�•6 Mavor; D"ate "'— ^`"'�� Y y ° � _:�. �.,.:�` gy �---. . � BY �P 197� Qua��s+►�a t�AY g • � � � C1T Y pF ,'s��,�� s� tti -' '� p umarnu "'3 Y uaarauu 6 a..-r=,�.9�•' ab v�s ,�o C ITY OF SAI NT PAUL �O�♦ OFFICE OF THE CITY ATTORNEY I May 26, 1976 JEROME J. SEGAL Rose Mix City Clerk 386 City Hall BUTLDING Dear Mrs. Mix: Per your request of May 19th, please find amendment to vacation Resolution 267112 adding the condition that the sum of $7, 950 be paid to the City as compensation for vacation of the platted street, and further, that the City be supplied with a bond in the sum of $10, 000. I assume this will be presented to and adopted by the City Council to correct the error of omission in the original resolution. Your very ruly,�J �� JERO J. SE L City ttorne � JJS:cg encl. cc: Valuation Engineer City Hali, Saint Paul, Minnesota 55102 612 298-5121