03-988Return copy to: (e.c.)
Real Estate Division
140 City Hall
coun�il File # 03 9S8
Green Sheet # � S ��P
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
30
Presented By
Referred To
Committee: Date
2
3
4
5
6
7
BE IT RESOLVED, that, upon the petition of Episcopal Homes of Minnesota and with the
accompanying Utility Easement Certificates of Intended Non-Use, filed voluntarily on behalf of Qwest
Corporation, Northern States Power Company, d.b.a. Xcel Energy, District Energy St. Paul,
Incorporated, MCI, Comcast of Saint Paul, Inc., Saint Paul Regional Water Services, and the Department
of Public Works, made a part hereof by this reference and filed in the office of the City Clerk of Saint
Paul, the City, for itself and on behalf of these corporations and departments, waives the right to the
utility easements in the vacated area described below:
9 Parcel 1. vacated Dewey Street lying southwesterly of the southwest right-of-way line of
10 University Avenue and northwesterly of the northwest right-of-way line of Feronia
11 Avenue; and
12
13 Parcel 2. the south half of the vacated a11ey between Lots 72 through 76, Union Park and Lots 169
14 through 180, HinkePs 3` Amendment to Union Park from North Fairview Avenue to
15 vacated Dewey Street
16
17 This release of easements shall be subject to the foliowing conditions:
18
19 1.
20
21
22 2.
23
24
25
26
27
28
29
30
31
32
33
That the petitioner's, their successors and assigns shall pay $300 as an administrative fee for this
action, which sha11 be due and payable prior to filing of this resolution with Ramsey County.
That the petitioners, their successors and assigns agree to indemnify, defend and save harmless
the City of Saint Paul, its officers and employees from all suits, actions or claims of any character
brought as a result of injuries or damages received or sustained by any person, persons or
properry on account of this vacation or petitioners' use of this property, including but not limited
to, a claim brought because of any act of omission, negiect, or misconduct of said petitioners or
because of any claims or liability arising from any violation of any law or regulation made in
accordance with the law, whether by the peutioners or any of their agents or employees.
3. That the petitioners, their successors and assigns sha11, within 60 days of the effective date of this
resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution
and shall, within the period(s) specified in the terms and conditions of this resolution, comply in
a11 respects with these terms and conditions.
1 BE IT FURTHER RESOLVED, that the proper officials aze hereby authorized to accept, and,
2 following release of the above described easements, to file in the office of Revenue and Records for
3 Ramsey County, the dedication of a permanent 26.00 foot wide easement for public sewer purposes on,
4 over, under and across that part of Dewey Street vacated by the Ciry Council on June 6, 2001 in Council
5 File Number 01-581 and also part of Lots 95 and 96, Union Pazk, according to the recorded plat thereof,
6 being in the County of Ramsey, State of Minnesota. The centerline of the said easement is described as
7 follows:
9 Commencing at the northwesterly corner of Lot 187, Hinkels 3rd Amendment to Union Park,
10 according to te recorded plat thereof, Ramsey County, Minnesota; thence South 61 degrees 16
11 minutes 42 seconds East an assumed bearing along the southerly right-of-way line of University
12 Avenue, a distance of 211.90 feet to the point of beginning of the centeriine to be described;
13 thence South 18 degrees Ol minutes 09 seconds West a distance of 137.52 feet; thence South 30
14 degrees 53 minutes 30 seconds East, a distance of 129.93 feet; thence South 25 degrees 53
15 minutes 34 seconds West, a distance of distance of 81.27 feet; thence South 44 degrees �2
16 minutes 09 seconds East, a distance of 73.61 feet more or less to the northerly right-of-way line
17 of Feronia Avenue and said centerline there terminating.
18
19 The sidelines of said easement aze to be prolonged ar shortened to terminate at the southerly right-of-
20 way line of University Avenue and at the northerly right-of-way line of Feronia Avenue.
03 -9g8'
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
e-�
, �epartrnenUOfficelcouncil: � Date Initiated: !
I TE — TechnologyandManagementServ i 16-0CT-03 � Green Sheet NO: 205776
�2'or�et Person & Phone:
Peter Whde/Earl Cadson
68850
Must Be on Council Aaen
Total # af Signature Pages
N
Assign
Number
For
Routing
Order
0 Technoloev aod Manaeement S� '
1 �Ciri Attornev i Mechan Rilev ��'� � �"
2 TechooloevandMaoaeementS I DeoartmentDirector • `��i1
3 Mawr's Oflice ' MavodAssisfent
4 - ounc" I
5 CiN Clerk � CiN Clerk
OE:T z � 2003
(Clip All Lowtions fnr Sig�aWre)
To release easemenu in vacated Dewey Street and the vacated alley between Union Pazk and Hinkel's 3rd Amendment, and to accept
and file the dedication of a sewer easement in vacated Dewey Street. Ref: 1. Resolution for consideration; 2. Map showing location
of easements to be released; 3. Certificates of Intended Non-Use; 4. Map showing location of dedicated sewer easement.
idations: Approve (A) or R
Planning Commission
CIB Committee
Civil Service Commission
1. Has this person/firm ever worked under a contract for this departmenY?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/firtn possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and aHach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
The Episcopal Homes of Minnesota, having completed Phase I of iu development for senior housing, will begin construction of Phase
II, which will encroach upon the vacated street and alley.
AdvantageslfApproved:
The development will proceed as planned.
Disadvanqpes If Approved:
None
Disadvantages M Not Approved:
Development could not continue.
Total Amount of 300
Transaction:
Fundina Source: N/q
� "�.. ' , ,
k
' s .�.aa . ..z-r: . .. . rn � .:.zG�
„ ,, �. . _ �, °�
'°' ° _ :; �:,.;a
�S � °+� �;,'a 4a--�m
- q n �� � J h3 :.....
CosURevenue Budgeted:
Activity Number: N/q
1?c Q na„ '1
EPt,.,��� e_ .r �sy�vr�P
Financiaf Informatton: This represenu the administrative fee for the xelease oF easemenu. ��� ���
(Explain)
,
i
J
./
/ o3-9g8
(
CERTIFICATE OF INTENDED NON-USE D3 ' ggg
THE HONORABLE MAYOR AND MEMBERS
OF THE COUNCIL OF THE
CITY OF SAIlVT PAUL
In the Matter of
Vacation File # 03-G07
The undersigned hereby certifies, on behalf of the indicated department or company, that it does
not intend to exercise its utiliTy rights in the realty described below:
vacated Dewey Street lying southwesterly of the southwest right-of-way line of University
Avenue and northwesterly of the northwest right-of-way line of Feronia Avenue; and
the south half of the vacated alley between Lots 72 through 76, Union Park and Lots 169
through 180, Hinkel's 3'" Amendment to Union Park from North Fairview Avenue to
vacated Dewey Street.
except as here noted:
The developer shall assume all costs of relocating existing facilities, and shall dedicate easements
as may be required for continuity of service to the development and to any other customers
currently served by facilities within the above described areas.
Qwest Communications
Its /rJ9N� F 6Z �Hf; N fE,p %�+G
Mnv�vesorn �
��H�niC� r
��
Signature
�
The f egoing ins t as acknowledged before me this 1� � day of ����✓� �� 2 , 2003
b �C�SS ���dP-SGK-� the l/1Prf�Ik6L LI��ClN�E/�7NC
of � L4Su� 1 , a �£1L6ZA t7G ��. P6�/tT/o�
under the laws of the State of MinnesoTa.
� LiNDAA. JUELiCH • �`"""'°"" f � - �
Notary blic, Ramsey Counry, m esota.
�! NOTARYPUBLIC � �
� My Commissmn Expires 1-31-2005 S My commission expires {- 3� c�/1�
■ .
** Please return this original copy to 140 City Hall, St. Paul, MN 55102 **
AA-ADA-EEO Employer
OCT-02-2003 14�07
P.02iO3
VCR I IrIVM 1 G VI u� � Vnu�v ��v�rvv.—
THE HONORABLE MAYOR AND MF.MBERS
OF THE COUNCIL OF TI�IF, In the Matter of
CITY OF SAINT PAi7L Vacation File # 03-C-07
The undersigaed hereby certifies, on behalf of the indicated deparnnent or company, that it does
not intend to exercise its nrility ri�ts in the realty described below=
vacated Dewey Street lying southwesterly of tbe southwest right-of-way linc of University
Avenuc and northwesterly of the northwest right-oi-way line of Feronia Avenue; and
the south half of the vacated ulley between Lots 72 through 76, Uaion Park and Lots 169
through 180, Hinkel's 3"' Amendment to Union Park i'rom North Fairview Avenue to
vacated Dewey Street.
except as here noted:
The developer shall assume all costs of relocating existing facilities, and shall dedicate easements
as may be required for continuity of seivice to the developmeat and to any other customers
cunently scrved by facilities within the above described azeas.
;��CE1V ED
�' ` � � %�� �
REkL EST,�rE DI'�jStOP�
NaILrl�c:/Zl�/ st�1'�S PawE2 Ce�+nA�Y
d�b� Xcel Energy - Siting � Land Rights
� /z[G� oF- h/AY R�G�lT
MINNESOTA �
.�I�TT18tlli0
IIENNF,PIN �
��
The forcgoing insUument tvas xcknowlulged beforc me fliis Q 7 day of OG�� . 2003
bY /� .,�. l�c.eNt4tJ�s� _� RrC�tT-aF�-1NtkY s�6�1T
�f NoRT�t.�-�2 sra-t� oa w�n. .� �,oRPaR�T�onl
eo,+� �► � �t �_ 2 cc: EN�2s y
undcr the laws o the Stasc oi mnc,uta. �
SHARON M. PRICE
y • Noa.y PWNb
Minnesota
1y Cammiss�on &pirq Jan.31, R005
�� �
Notary ublic, Hcnncp�n Cuunry, Minncsota
My commiss;on wpire3
�* Please return this original copy to 140 City Hatt, St. Paul, MN 55102 �"`
AA•ADA-BEO Employcr
CERTIFICATE OF INTENDED NON-USE
THE HONORABLE MAYOR AND MEMBERS
OF THE COUNCIL OF THE
CITY OF SATNT PAUL
a� - 9g8
In the Matter of
Vacation File # 03-G07
The undersigned hereby certifies, on behalf of the indicated deparnnent or company, that it does
not intend to exercise its utility rights in the realty described below:
vacated Dewey Street lying southwesterly of the southwest right-of-way line of University
Avenue and northwesterly of the northwest right-of-way line of Feronia Avenue; and
the south half of the vacated alley between Lots 72 through 76, Union Park and Lots 169
through 180, Hinkel's 3� Amendment to Union Park from North Fairview Avenue to
vacated Dewey Street.
except as here noted:
The developer shall assume all costs of xelocating e�sting facilities, and shall dedicate easements
as may be required for continuity of service to the development and to any other customers
currently served by faciliries within the above described areas.
Xcel Energy - Gas Division
Its Senior Specialty Engineer
MIN�IESOTA
RAMSEY'
�
_����/S� +�JUG-a-e�..la.a�
Signature
The foregoing insWment was acknowledged before me�d day of October
2003
ny Nick J. Boosalis, PE � Senior Specialty Engineer
of Northem States Power Company d/b/ Xcel Energy, a Public Utility
under the ]aws of the State of Minnesota.
: - JE$SiCA LESLIE NtINKLER
'� NoWry Public
A�mesota
~ My Comm. E�irss Jan 31. 2006
** Please return this originai copy to 140 City Hatl, St. Paul, MN 55102 **
AA-ADA-EEO Empioyer
a3-4�'d�
--- ���
���E
��� N@tW4P� �@3'9iCES. �31G
E19I12T1U(13
CFI'Y Q� SAf�Vfi I'Al,sl�
Ear} Carison
l�eai �state lyiv�ron
140 City iiall
Sa'snt �'aa4, M1Y 551(i2
OaI'*331in➢el S9ppolt /
Invc.�Ugeri�s
Dep[ 4286M1 Lt�c Ffl7
24W \octh GSen4ille
Rick�asdson, TX 15082
ft�: �VAC;t�T4t�4� �'� #B�-C;-t�f — ��i��� t?� �:R��1V�1�'� it�`�}tE��`t —
�k��Y S'�. ���`4�YE��1 UiviVEI�11'Y AV�. A��3 ���(lIV1A AVk;. —
Sa4nt �'au(, �a�ge3`, iv1���eso�a
li�tC'.i Ill: '�7�4-z0(►3
�ea€ �ir �r 4'�ada�:
M�I has t�een nori� bv yovr of�°ie.� regarding the al�ave referenc� groj�t
�oz yaur records, in xeviewing the area iu s��aestion, it l�as beeu s,i�,tr�nui»ec� that l�l�;t does
not have faeiiit�es wifhin yaur project az� �iawever, it will �i11 lae nee�essary for yra� ta
contact the 4ocal Une �:alt System at least 4$ hours prior t9 any construction.
; You should ac�dre� carFesgonc�nce concer�aing any �ure �saj�� t� �#se a�terttion af`
�Sl' Natiana3 �upport/inve�tigations at the above address.
If yau n�d �iuElzer �csi�.�Eat�c.� �vitFt this �ajec� F��se cki not h�itate to e�l Ene.
Sincerely,
�3acheld�r
SI� A4ational Suppast / lnvestigatiosis
(��2) }�4-CiQ1�
No �'acilities.tloc
CERTIFICATE OF INTENDED NON-USE
THE HONORABLE MAXOR AND NIEMBERS
OF THE COUNCIL OF THE
CITY OF SAINT PAUL
t�3-`� &��
In the Matter of
Vacation File # 03-C-07
The undeLSigned hezeby certifies, on behalf of the indicated department or company, that it does
not intend to exercise its utility rights in the realty described below:
vacated Dewey Street lying southwesterly of the southwest right-of-way line of University
Avenue and northwesterly of the northwest right-of-way line of Feronia Avenue; and
the south half of the vacated alley between Lots 72 through 76, Union Park and Lots 169
through 180, Hinkel's 3r Amendment to Union Park from North Fairview Avenue to
vacated Dewey Street.
excent as here noted:
DISTRICT ENERGY ST. PAUL, INC., AND DISTRICT COOLING ST. PAUL, INC., HAVE NO•
EQUIPMENT IN THE AREA TO BE VACATED AND HAVE NO OBJECTION TO THE �ACATION.
MiNNESOTa
RAMSEY
J
The foregoing insWment was acknowledged before me this � day of �Qy+'� Kt.s�.. . 2003
�/� ' e- 1�' �
bY I"f"Y�.� �. �tid� .the �P�S i
of
under the laws of the State of Minnesota.
7RUDY l. SHERWOOD
a'�s�~" NOTARYPUBLIC-AICklES67A
�•.� IUY COMMIS.�JN
EXPIRES JAN.31,Z0p5
* * Please return this
�p0 `\y
S+ 6'a..�-�^�.
Q�� o ,_
Notary Publiq Ramsey Coun , Mirmesota.
My commiss�on expires �a-�t.. 3[ a o�
original copy to 140 City Hall, St. Paul, MN 55102 **
AA-ADA-EEO Employer
District Energy and Cooling St. Paul, Inc.
Its � Y'25 � �y..,.�
CERTIFICATE OF INTENDED NON-USE
THE HONORABLE MAYOR AND MEMBERS
OF THE COUNCIL OF THE
CITY OF SAINT PAUL
b3-g �8
In the Matter of
Vacation File # 03-G07
The undersigned hereby certifies, an behalf of the indicated department or company, that it does
not intend to exercise its utility rights in the realty described below:
vacated Dewey Street lying southwesterly of the southwest right-of-way line of UniversiTy
Avenue and northwesterly of the northwest right-of-way line of Feronia Avenue; and
the south half of the vacated alley between Lots 72 through 76, Union Park and Lots 169
through 180, Hinkel's 3� Amendment to Union Park from North Fairview Avenue to
vacated Dewey Street.
except as here noted:
SCOTT CHARLES RUPPERT
Notary Pubiic
Minnesota
My Commission Expires January 31, 2008
^�.^t!*:ESOTR
Ramsey
�
Comcast
Its
���.f �C�� i
Signature "
The firegomg instrumen[ was acknowledged before me this � day of ����.ALI �[' . 2003
,� /1 ��
bY �✓Yl C'7.s:,'.v .the �•�'eC�;r' �'f� l..
of � �yr f - a �QA.Y�/'.`��v / vq N i�=t �c�:
i i
under the laws of the State of Minnesota.
� �
Notary Publiq Ram y ounry, i sofa. // ii /
Mycommissionexpires__� �� /�]/
`�T
** Please return this original copy to 140 City Hall, St. Paul, MN 55102 **
AA-ADA-EEO Employer
CERTIFICATE OF INTENDED NON-USE
'LCE(.Vc�i
THE HONORABLE MAYOR AND MEMBERS �- =;�'u�
a3•Q8'&
OF THE COIJiVCIL OF THE In the Matter of
CITY OF SAINT PAUL �``�` ``� �''`�«S«�� Vacation File # 03-G07
The undersigned hereby certifies, on behalf of the indicated departrnent or company, that it does
not intend to exercise its urility rights in the realty described below:
vacated Dewey Street lying southwesterly of the southwest right-of-�vay line of University
Avenue and northwesterly of the northwest right-of-way line of Feronia Avenue; and
the south half of the vacated alley behveen Lots 72 through 76, Union Park and Lots 169
through 180, Hinkel's 3r Amendment to Union Park from North Fairview Avenue to
vacated Dewey Street.
except as here noted:
The developex shall assume all costs of relocating existing facilities, and shall dedicate easements
as may be required for continuity of service to the development and to any other customers
currently served by facilities within the above described areas.
Department of Public Works
Its (J/Ty �l�r/�t/EE/�
MIWESOTA
�
�1`�
RAMSEY
The foregoing ins[rument was ackno�cled�ed before me this �.3Rb day of V�r ������� . 2003
bY �l L7}�/U � /// �� the —G," / � �/(1G�/IfEE//� "
of �ST, �i4UL Pii�iLll° UI,�aRKS a�YJU/1/!C/�/SzL CDPlOh'l�-T/D�
under the iaws of the $tate of Minneso[a.
BARBARAJ.KOLSTAD
y Naary Pubnc
MiM950ffi
AN Comm�on F�ires.pa.31.2005
1 ` r
,
C✓L�6,�t� �� j r' o �,�
Notary Pubhc, Ramsey C6unty, Mi esota'
: � J
Mycommissionexpires�,�Tti-�/�f,(�JL.{a ��/� r �(_?��
�
** Please return this original copy to 140 City Hail, St. Paul, MN 55102 **
AA-ADA-EEO Employer
CERTIFICATE OF INTENDED NON-USE
THE HONORt1BLE MAYOR AND MEMBERS
OF THE COUNCIL OF THE
CITY OF SATNT PAUL
b3-g �8
In the Matter of
Vacation File # 03-C-07
The undersigned hereby certifies, on behalf of the indicated department or company, that it does
not intend to exercise its utility rights in the realty described below:
vacated Dewey Street lying southwesterly of the southwest right-of-way line of University
Avenue and northwesterly of the northwest right-of-way line of Reronia Avenue; and
the south half of the vacated alley between Lots 72 t&rough 76, Union Park and Lots 169
through 180, Hinkel's 3' Amendment to Union Park from North Fairview Avenue to
vacated Dewey Street.
except as here noted:
St. Paul Regional Water Services
Its General Manager
MINNESOTA
AAMSEY
�
��.�.�.� � ��.��
Signature
Theforegoingi�strumentwasacknowledgedbeforemethie LZth dayof SOpteID}7eT , 2003
by Bernie R. Bullert � General Manager
ofSaint Paul ReEional Water Services,amunicioal cornoration of the City of SainY Pau1,
under the ]aws of the State of Minnesota.
� ._'s . ��.:� ���•:rL`�rn°`-�'.d �
� �
�y k(3''.:.yin�a_4^..�.":.t:�.a::. jp
� �'L��� `6�:` �WNiilYs..i��h'Y'' i
vf �:�i�'iKCy v �
��•o-�ru
/%!/�L/ //L • Li°_S�" � `�-�
otary Public, Ramsey CounTy, Mi�nes .
Mycommissionexpires 3� °2�Qs
** Please return this originaf copy to 140 City Hall, St. Paut, MN 55102 **
AA-ADA-EEQ Employec
d�
. , - ��
(Space Aboye for Recorder/Registrar Use)
DEDICATION QF'EASEMENT
FOR SEWER PURPO,SEkS
L I-I'�l�f�S
Grantor,
for good and vatuable consideration, to, them in hand paid and the receipt of which is hereby
aclrnowledged, does hereby grant,>Fsargain, sell and convey to the City of Saint Paul, a municipal
corporation of the State of Minnesota, its successors, and assigns, as Grantee, a permanent 26.00
foot wide easement for sewer,purposes on, over, under and across that part of°Dewey
Street vacated by the City Counei�on.Jnne 6, 2001 in Council File Number 01=581 and also part
of Lots 95 and 96, Union Park, according to t�e recorded plat thereof, being in the County of
Ramsey, Stafe of Minnesota. The cente;�i�ie of the said easement is described as follows:
Commencing at the northwesterly corner of Lot 187, Hinkels 3rd Amendment to Union
Park, according to te recorded plat thereof, Rarnsey.County, Minnesota; thence South 61 degrees
16 minutes 42 seconds East an assumed bearing along the southerly right-of-way line of
University Avenue, a distance of 211.90 feetlo the point of beginning of the centerline to be
described; thence South 18 degrees O1 minutes 09 seconds West a distance of 137.52 feet; Ihence
South 30 degrees 53 minutes 30 seconds East, a distance of 129.93 feet; thence South 25 degrees
53 minutes 34 seconds West, a distance of distance of 81.27 feet thence South 44 degrees 52
minutes 09 seconds East, a distance of 73.61 feet more or less to the northerly right-of-way line
of Feronia Avenue and said centerline tkere terminating
The sidelines of said easement are to be prolonged or shortened to terminate at the southerly
right-of-way line of University Avenue and at the northerly right-of-way line of Feronia Avenue.
The Crrantor does covenant that the above described public sewer easement shall be subject to the
conditions described in the attached Exhibit A.
i
i
�
� That Grantor also covenants that the above granted easement is in the quiet and peaceable
possession of the Grantee. The Grantor will warrant and defend against all persons lawfully
claiming the whole or any part thereof, subject to encumbrances, if any, hereinbefore mentioned.
It is intended and agreed that this agreement shall be a covenant running with the land and shall
be binding to the fullest extent of the law and equity for the benefit of the public. It is fiu•flier
intended and agzeed that this agreement and covenant shall remain in effect without limitation as
�'S—g �b�
to time.
IN
WHEREOF, the
G�
a %�/ �?G 2SDY� r ✓t i •�r i•�f�-
under the laws of the State of Minnesota, has caused this deed to be executed in its corporate
name by its duly authorized officers, and attested to this �� �'day of ��e r fo�ia� , 2003.
Grantor
BY �_ i_� ��
Its , �5���° v�- L'EG
and ��,�/�L�� �l�
T �
Its %'�����
, �
STATE OF MINNESOTA
COUNTY OF RAMSEY
� ss
The foregoing was acknowledged before me this
b ,� ' �� and
the � � S ffv�z,�S f�d /r'«�P,� and
�
of �'�.s.. .. ,,, /� �,+�� r_� ��,�
This Instzument
was drafted by:
Technology & Management Services
Real Estate Division
Room 140 City Hall
St. Paul, MN 55102
• •
JOAN FOLEY STRYKER
NOTARY PUBLIC•MINNESOTA
YY CaPedssion E�s Jm 8f. 2A06
• •
(03co7ded)
\ ��
J���
�
ExHiBiT A
TO
DEDICATION OF SEWER EASEMENT
a. No buildings, structures, trees or any temporary structure, material storage,
fixture, or any other objects which may prohibit normal access to utility facilities for maintenance
purposes will be permitted within the easement azea.
b. Improvements in or upon the above described easement that do not prohibit the
City from exercising its reserved rights may be allowed by obtaining written permission from the
Department of Public Works Sewer Division with the understanding that the restoration and
costs of such improvements shall be the sole responsibility of the grantor, its successors and
assigns in the event the City exercises its reserved easement rights.
a Should it be necessary that the Grantor's improvements be removed or damaged
as a result of the Department of Public Works operations, all removal, replacement or
modification costs shall be borne solely by the grantor.
d. No change from the existing grade within the easement area shall be permitted
without written permission from the Department of Public Works Sewer Division.
e. No change in surfacing within the easement area shall be permitted without
written permission from the Department of Public Works Sewer Division.
f. The Grantor, its successors and assigns shall fully indemnify, defend, and save
harmless the City of Saint Paul, its officers, agents, employees, and servants from all suits,
actions, or claims which shall azise from any injuries or damages received or sustained by any
break in any service pipe or connection in said reserved easement arising out of or resulting from
any action or negligence of the petitioner, its employees, agents, or business invitees. To have
and to hold the same forever. The Grantor does covenant that it is well seized in fee of the land
and premises aforesaid, and has good right to sell and convey the same free of all encumbrances.
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