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264995 WHITE - CITY CLERK COUIICll ���9�� PINK - FINANCE CANARV - DEPARTMENT GITY OF SAINT PAZTL 1 BLUE - MAYOR � FIl@ NO. � "'�" �' z° �� cil Resolution . Presented By � Referred To ommittee: Date Out of Committee By Date i�REAB, The Ce�rowcil of t� Cit3► at 8sint Psul by ita resWxitiosa, C.a��il File l�o. �83�, sPP�►� Jan�,rY 3s 1975, vsasted goetions of Auroacs Avenu� snd Fu]1ar Av+en�e; and �AS, Ia the descrigtiori of t.he pc�tian of Aurcars Ave�u� so va►- Qated, the df.ste�ace set P�h therein o� 382 �eet is ia� erratr, and in tl�e description of the pc�art3oan ot Fuller Av�s��e so �c�atsd, tbe diate�t�ee aat �c�tth thereia o! 55.0 f� is irl errar; ac�►, the�e�c►re, be it RSSObV�D, T2z�t the descrigtfon of t2� po�tions of Anr�ara Aver�ae and I�iLl.er A�renue to be vacasted� aa eet fuacth in rmsolutioa, Cctiu�3.1 File I(�. �30, a� J8rn�s9 �, 197�, be amd th�e eame is hrreby aa�ded to read e,s follc�rs: "Aure�s Av�e�us, b�t'reen a li�e t� �aet aast o! aad pss�e�llal to the scyut?�rly rxtensioa o! the �roat liae of Lot 16, Beck•s Ad�ditie�a to the Gity of St. Pau]. aad a line 379.9Q fert 're�t�rly ot snd parsllel to the �eaterl,y right-cf xay liane of l�ckubia �trset extended; Fullez Avesue, bet�reen a line 55.05 f eet west�ly o�' a�d psrs�l.el to tbe �westesly right-of-�sy line of Kent . K7 Yi��i� d� ��it j snd be it _ FtSZTH� R�4�VED� That excapt ss so ams�d�d ia accosds.nae herari.th, eaid pria� resolution, Crnmcil File �To. �F830, a�sl7. stand avd be c�stive as adopted. COUIVCILMEN Yeas Nays Requested by Department of: Christensen � H� � In Favor Lev e � ' ,/ Against BY �I� edesc � Mme.P esident Adopted by Counci . �N�EB � � � Form Approved by City Attor y Certified P by Council Secretary �! BY By Appro Ma�or: Date Approved r Su ncil , By BY Pustts�o FE8 151975 J. WILLIAM DONOVAN' �`�����'�8-5317 y Veluation Engineer ROY E. BREDAHL, Jr. C I T Y O F S A I N T PA U L A:S�r vai�a��o� Engineer BUREAU OF VALUATIONS 286 City Hall Seint Paul, Mine�sofs 55102 To: Roger A. l�tt�oa Jerc�e J. 8egal Phil Lee The Honorable Mayor, Couacil President, aad 1�mber� o� the City Council Frasn: J. Willia� Donovan, Valuation Bngine�r Date: J'►nvary 22, 1975 Sub�ect: Petition of Hcrusing and 8edevelc�paent Authc�ity for the vacation eY Streets ia ]�ortheaat Qnadrsat (Pl�se �) The Hcr�sing aad R�velcYpmKr�t Autharity of the City of Saint Paul 2�s advised th�s�t the descriptions� oY the vacation ar�� ia Cc>uacil File l�o. 26�1830, aPp�cn�ed danaar`Y 3, 1975, have �inar errors ia dimeaaions tlo�t require corrections to coaforn to their proposed plats aad develc�p�eat. I he�ve prepe�red a reaolntioa providiag for said ccarrections for yaur apprc�val as to for�, aaci forMSrding Yor apprcrpriate aetioa. Shc�ld you l�ve ar�y specific questioas oa this ffitter, plee►se eontact 1�. Willia�n Pearsoa of the Housing asd xedevclopnemt Autho�ity e►t 298-�81 c� tbe underaigned. � ` . JWD:R�B:dis Attach. . . �. � . . . . . . .. ,t,,., rs �p�� � . � . (, .y�h��:: , 1., � , r � ' � . . . . . . ...> �.. . . . �,�. ' . r,._. f . . . � � � . . . � ���V����� � . r � • �Council File No. 2'648'3�By David H. � Hozza— d) That the easements wnicn d.c �tesolved, That upon the petition of 6. That the Water Utility be protect- to be retained in the vacated the Housing and Redevelopment Au- ed by the following easements and streets are. described as fol- lows: thority, those sections of public streets restrictions: 1. Aurora Avenue: a 30 foot hereina�fter described, be and the satne , a).The mains which are to be cut, easement centered on the hereby are vacated and discomtinued as plu�ged and abandoned are as existin water main: The public streets: � follows: g Aurora Avenue, between a line 60 � 1. The 8-inch main on Aurora easement to be from the east � limit of the proposed vaca- feet east of and parallel to the � Avenue from the westerly tion of Aurora Avenue to the sautherly extension of the west line 3 ed�qe of the �proposed vaca- east limit of the new ease- of Lot 18, Beck's Additio th� tion to the intersection with ment to be granted; shown City of St. Paul and a lin 382 ee the ne�w 6-inch main, shaded in red on the attached westerIy of and parallel the 2. The 6-inch main on Fuller sketch. westerly right-of-way line o�f Mac- Avenue from the east prop- 2. Fuiler Avenue: a 30 foot kubin Street extended; , erty line of Kent Street to �asement centered on the Kent Street, between the easterly the intersection with the new existing water main. The extension of the north lines of � amain, easement to be from the west Lots 22 Y,hru 30, Beck's Addition to 3. The tem�porary Tnain on Kent '� limit of the proposed vaca- the City of ,St. Faul to the south- � J Street'from Aurora south- tion of Fuller Avenue to Lhe erly line of Fullcr Avenue ex- r erly. tended; `�h� west limit of the new ease- b) That no grading or construc- ment to be granted; shown tion will be permitted over or Ftiller Avenue, between a line 55.0 within 15 feet of the existing � as shaded in red on the at- Seet westerly of and parallel to e water mains, on streets to be � tached sketch. +westerly right-of-wa,y line of Kent vacated, until the mains and e) That the easement to be Streeti, as extended, to the westerly appurtenances are abandoned. granted and the ease�nts to be Also, the existing water mains � retained are subject to the fol- and appurtenances on streets lowing restrictions. ' to 'be vacated cannot be aban- 1. That no building, or other right-af-way line of Kent Street as doned until such time as all parmanent structures, or extended; other provisions and restrictions : trees, are permitted within to the vacatlon, as imposed by the easement area. subject ex ressly to the following con- 2. That no change in grade is the Water Utility have �been ditions an reservations: complied with. permitted within the ease- 1. �`hat the vacation be subject to all c) That the new easements which ment area after construction the terms and conditions of ChaP- are to be granted and the new is completed. ter 228 of thc �St, Faul Legislative main which is to be constructed, '�• That no change in the exist- iCode, as amended. all at the expense of the peti- in6 surfacing within the 2. That a permarient sewer easement tioner, are described as follaWS: easement area is permitted be retained in and over the full '1, A new 6-inch water main is without the written germis- width of that part of Fuller Aye- to be constructed from Ful- sion from the �Vater Utilit,y , nue herein proposed to be vacated ler Avenue to University after the water main is in- stalled. until a permanent outlet can be IAvenue approximately along 4. That the petitioner, its suc- � constructed. the alignment of the blue cessors and assigns shall j That a permanent sewer easement line as shown on the attached fully indemnify, defend and be retained ;n and over the full �ap• save harmless the Board of width of Aurora Avenue herein 2. The new 6-inch water main ryVater �Commissioners, its i proposed to be vacated until a must be imstalled be�fore the afficers, agents, employees permanent outlet can be con- existing mains within the 2nd servants from all suits, structed. vacated streets will be aban- That a permanent sewer easement doned. actions or claims which shal] 7 be retained in and over the Eul] 3. The required easement for arise £rom any inj,uries or the new 6-inch water mains �lamages received or sus- width of Kent 5treet herein pro- is to be a minimum of 30 tained by any person, per- � posed to be vacated; and that the feet wide�vith the new watcr sons or praperty by any ; above easements be subject to the main centered within the break or leak in an,y service following restrictions: pipe, tivater main or connec- a) That no buildings or permanen4 easement. The approximate tion in said dedicated ease- structures will be permitted easement alignment is shown ment. within the easement areas. as the area shaded red on $. That restrictions Q,.2, 3, 4 as b) That no change in grade or the attached map. The align- noted above shall be listed surfacing will be permitted in, ment of the proposed ease- on and be a art of the, ease- the easement areas without the' ment must be determined ment to be granted �for any written auProval of the Depart- jointly between the Wa�er part of the easements l;ring ment of Public Works. Utility and the petitioner outside of the present street c) 'That the City retain a perpetual �prlor to the grantin.g and re- right-of-way. These ease- - right to construct, maintain, cordin�g o�f tihe easement. The ments must be granted and operate and repair an,y under-I easement must be granted recorded with the Ramse,y ground sewer pipes, together and recorded priar to cen- ICounty Register of De^ds with perpetual easement for struction of the new water I main. Office before the Water Utili- ingress and egress 4o said sewer . ty could be in a position to easements. remove from service any af 3. That ihe petitioner, at his own� the existing water, mains cost and expr_nse, must barricade,� within this proposed vaca- obliterate, rebuild and/or revamp; tion. the sireet intersections to include �) Z`hat the hydrant �at th�e north- the relocation, construction and east corner of Aurora Avenue adjustment of all existing and new and Kent Street must be re- drainage Sacilities and aiso in- located approximate]y 250 feet clude the construction of new east, all of the cost and ex- curbing,'boulevards, and sidewalks� . pense of the petitioner. across said street intersections, all 7. �'hat specific easements be re- to the satisfaction of the Director tained ±o protect the interests of� of the Department of ,Public thc Northern States Powe[ Com-I 'Works. pany. 4. That the petitioner, at his own - - -- - cost and expense, must agree to �1. That the petitiotier, }�eing the the final recordation of the "�Cen- Housing and Redevelopment Au- tral Village Addition" plat to in- thority of the �City of St. Paul, a clude the dedication of the neces- public agency, not be require3 to sary streets and easements. pay compensation for the vaca- 5. That the petitioner also must tion, pursuant to the terms of the agree to the preparation of a con- Cooperation Agreement between tract by the Department of Public the said City and said Housing Works for the necessary con- Au;liority. struction needs in this area to in- :i• That in licu of a bond, the City clude all sewer facilities and street be provided with a wrltten cove- constxuction, all to be accom- nant conditioned to indemnify and � plished at the said petitioner's hold the City harmless for any own cost and expense, and to the and all damages, claims for dam- satisfacLion af the Department of ages, coss, charges, judgments, Public Works. anci expenses of every kind and nature arising or growing out of th�� vacation of the streets herein described. I :ldopted by the Council January 2,� 1975. I Approved January 3, 1975. � (January 1'1,197�5)