276112 V�� ) 1�
1. That the vacation be subiect to
all the terms and conditions of
�Chapter 228 of the St. Paul Legis-
lative Code, as amended.
2. That the petitioner provide by
separate document a written
agreement granting the Depart-
mant of Public Works access to its
sewer lines abutting the weat end
of Whitall 3treet vacated, said
agreement to be acceptable to said
� department and in a manner and
form approved bY the City At-
tqrney. The term of said agree-
ment to be until the two parties
agree on a mutually desirable
alternate location.
3. That a permanent sewer ease-
ment be retained over that part
of Whitall Street lying 3outh-
RE80LUTIONB westerly of a line 20 teet North-
easterly of and parallel to the
Northeasterly Right-of-way line
Council File No. 267112 — By Ruby of the Burlington Northern Rail-
Hunt— road. Said permanent sewer ease-
Resolved, That uyon the petition of inent must be subject to the fol-
Whirlpool Corporation, that eection of lowirig restrictions:
public street 'hereinafter descri�bed, be a) That no buildings or permanent
and the same hereby is vacated and structures will be permitted
discontinued as a pu�blic street: within the easement area.
a) All that part of Whitall Street b) That no change in grade or
as platted in 3churmeier's Su�b- surfacing will be permitted
division of Blocks 38 and 39 of without written authority of
Arlington Hilla• the Hydraulics Bureau of the
b) Also,that part of Whitall StreeS Depertxnent of Public Works.
as platte�d in Charles Weide's c) That the easement include the
Subdivi�ion of Block 40 oi Ar- perpetual right of the Pu�blic
lington Hills Addition to St. Works Department to construct,
Paul, subject to Arcade Street, maintain, operate and repair
as widened• sewer structures within thia
c) Also, Whitall Stseet ae opened area, together with a perpetual
across the iollowing described easement for ingress and egress
property• All those parts o! to said easement and manhole
Lots 15, �18, 17, 18, 18 and 20, as provided in Condition No.
�harles Weide's 3ubdivisioa of' 2 a�bove.
Block 40 ,Arlington Iiills Addi- 4. That the petitioner provide by
tion, lying south of a straight segarate document a written
line extending from a point on agreement granting the Depart-
the south line of aforesaid Lot ment of Fire and Saiety 3ervices
15 that ia 8.3 feet east of the access to Whirlpool Building No.
southweat corner of said Lot 17 and the L.P. gas storage tanks
l5 to the northwest comer of on the west end of Whitall 3treet
aforesaid Lot �i; also, Lot 25, vacated, said agreement to be ac-
except the East 14 teet thereof ceptable to the Department of Fire
in said Charles Weide's Sub- and Safety Services and in a man-
division. ner and form approvefl by the
subject expreasly to the following con- City Attomey. The term of said
ditions and reservations: agreement to be untfl the two
— parties agree on a mutually ac-
ceptable alternate location. Also,
that the petitioner further 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 descri•bed a9�ove,
subparagraph c, vacated by this
resolution, having been acquired
�by condemnation and dedicated
for public street purposes, the
Councfl of the City oi Saint Paul
in accordanee with 3ection 87A.01
(8), dces hereby approve and
authorize the conveyance by Quit
Claim Deed of the City's intereet
in that portion of atreet vacated
by this resolution, to the owner
of the tract of land which imme-
diately abuts and ia continguous
to said section of street, the
conveyance to be made for the
sum of �5,860, which sum is the
fair market value of the property
as appraiaed and reported by the
City Valuation Engineer, and the
sale shall be consummated and the
purchase price received by the
City within 80 days next after the
date of publication of this vaca-
tion resolution.
Adopted by the Council April 27,
1576.
Approved April 29, 19?8.
(May 8,1976)