267112 =�� ) 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 wrftten
agreement granting the Depart-
ment of Public Works access to its
sewer lines abutting the west end
of Whitall Street vacated, said
agreement to be acceptable to said
• department and in a manner and
form approved by the Citq At-
tQrney. The terxn 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-
80LUTIONB westerly of a line 20 feet North-
easter�y of and parallel to the
Northeasterly Right-oY-way line
Council File o. 267112 — By Ruby of the Burlington Northern Rail-
Hunt— road. Said permanent sewer ease-
Resolved, T at u on the petition of inent must be subiect to the Fol-
Whirlpool Co orat�on, that section of lowirig restrictions:
public atreet erel'natter descri�bed, be a) That no buildings or permanent
and the sam herdby is vacated and structures will be permitted
discontinued s a pu�bllc atreet: within the easement area.
a) All t part o! Whitall 3treet b) That no change in grade or
as pla ed in 3churmeier'a Sub- surfacing will be permitted
diviai n of Blocka 38 and 39 oP without written authority of
Ar on Hilla' the Hydraulies Buresu of the
b) Also, at part of Whitall Street Department oY Public Works.
as pl tte�d in Charlea Weide'a c) That the easement include the
Subdi ision of Block 40 0! Ar- perpetual right of the Public
lingto Hills Addition to St. Works Department to construct,
Paul, ub�ect to Arcade Street, maintain, operate and repair
� �,i ��. sewer structures within this
c) Also, hitall 3treet as opened area, together with a perpetual
acros the 4ollowing deacribed easement for ingress and egress
prope ty: All those parts oi to said easement and manhole
Lots 5, 18, 17, 18, 18 and 20, as provided in Condition No.
�Charl s Weide's Stt�bdivision of 2 above.
Block 40 ,Arllngton Hills Addi- 4. That the petitioner provide by
tion, ying south of a straight segarate docuxnent a written
line ending from a point on agreement granting the Depart-
the s uth line of aforesaid Lot ment of Fire and Safety Services
15 th t is 8.3 feet east of the access to Whirlpool Building No.
south est corner of said Lot 17 and the L.P. gas storage tanks
15 to the northwest corner of on the west end of Whitall Street
afore id Lot 25; also. Lot 25, vacated, said agreement to be ac-
excep the East 14 feet thereof ceptable to the Department of Fire
in d Charles Weide's Su�b- and Safety Services and ui a man-
divisi n. ner and form approved by the
subject expr ly to the following con- City Attorney. The term of said
ditions and ervations: agreement to be until the two
— parties agree on a mutually ac-
ceptable alternate location. Also,
that the petitioner t�rther 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 a�bove,
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 3ection 87A.01
(8), does hereby approve and
authorize the canveyance 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 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 appraised and reported by the
City Valuation Engineer, and the
sale shail be consummated and the
purchase price received by the
�City within BO days next after the
date of publication of this vaca-
tion resolution.
Adopted by the Council April 27,
1978.
Approved April 29, 1978.
(May 8,1976)