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04-536Return copy to: e.c. Council File # ��• � �p Real Division 140 City Hall Green Sheet #('��j'-� (pQ RESOLUTION Presented By Referred To CITY OF SAINT PAUL, MINNESOTA 2Z Committee: Date i WHEREAS, on September 3, 2003, the Council approved CF# 03-815, thereby vacating part of East Seventh z Street lying between Maria Avenue and Mounds Boulevard and between elevations 834' 11'� and 862' 3'� , 3 City datum; and s WHEREAS, the legal description of the area to be vacated contained a typographical enor; � THEREFORE BE IT RESOLVED, that the said CF# 03-815 be amended as follows: 9 Lines 7 through 10 of page one of the said CF# 03-815 shall be deleted, and the following legal description io shall be inserted: ii iz that part of East Seventh Street above elevation 834' 11'� city datum, below elevation 862' 3'�", city is dahun, and lying northeasterly of the northwesterly extension of a line 12' southwesterly of and pazallel ia to the southwest line of Lot 12, Willius' Addifion No. 2, and southwesterly of the northwesterly is extension of the northeast line of the said Lot 12. 16 i� BE IT FURTHER RESOLVED, that all other terms and conditions of the said CF# 03-815 shall remain in is full force and effect. oy- 53� Departrnentloffice/council: Datelnitiated: GCE'en ShP.et NO 205460 PW - Public Works 04-MAY-04 CoeMact Person 8 Phone• Deoartment SeM To Person InitiaU ate Peter White/Ead Cadson � 0 blic Works � 5 y�� 6-8850 p�� 1 i Attorne I Jud Hanwn s' b Must Be on Council Agenda by (Date): Number Z ublic Works I Bruce Beese i �� v? ^- -f7 For �' � Routing 3 YublicWoris DeoartmentDirector Ofdef 4 r�"1'i.Ani� Mavnr/Accistsnt z• 5 ouncil I 6 i Clerk i Clerk Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: � To amend CF# 03-815, vacating air rights over East Seventh Street, to correct an error in the legal description. Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Ruestions: Planning Commission t. Has this personffirm ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a ciry employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes No 6cplain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): There was a typographical error in the legal description of the area to be vacated. �������� �� 4 AdvanWtles If Approved: The vacation can be filed with Ramsey County. �'�� �°�"������ DisadvanWqes If Approved: None ;� T �,� .._ , Disadvantages If Not Approved: Ramsey County will not file the vacation Total Amount of � CosNRevenue Budgeted: Trensaction: Funding Source: Activity Number: Financiallnformation: (Explain) �}, efum copy to: (e.c.) Real Estate Divisioa , 140 City $ali oy • 53b CouncIl File rr��� Green Sheet n��� RESOLUTiON C1T`l OF SAINT PAUL, MiTINESOTA 3�} Presented Ey Referred To Committee: Dafe 1 BE iT RESOLVED, that, upon ihe petition of Metro State University, as documented in Real Estate 2 Division File Number 05-2003; public properties hereinafter described are hereby vacated and discontinued as pubtic property: 0 10 11 12 13 14 1� 16 17 The properiy to be vacated is described as follows: that part of Fast Seventh Street above elevation 834' 11 1/8", city datum, below elevation 362' 3 '/z', city datum, and lying northeasterly of the northwesterly extension of a line 12' southwesterly of and pazallel to the southwest line of Lot 12, Wiiliazns Addition No. 2, and southwesterly of the northwesterly extension of the northeast line of the said Lot 12. BE TT FURTHER I2ESOL'VEll, thaf, subject to the herein stated exceptions and with the accompanying Uulity Easement Certificates of Intended Non-Use, filed voluntarily on behalf of Qwest Corporation, Xcel Energy, d.b.a.. Northern States Fower Company, Distric2 Energy St. Paul, Inc., MCI, Inc., Comcast, Inc., Saint Pau1 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 departrnents, waives the right to the utility easements in the vacated 13 azea described above. 19 20 This vacation shall be subyect to the terms and condifion of Chapter 130, codified Ivfazch 1, 1981, of the 21 Saint Paul Legislative Code as amended, and to the following conditions: 22 23 1. That the petitioner's, their successors and assigns shalI pay $51200 as an administrative fee for 24 this vacation which is due and payable within 60 days of the effective date of this resolution. 25 26 2. That the petitioners, their successors and assigns agree to indemnify, defend and save harmless 27 the City of Saint Paul, its o£ficers and employees from al1 suits, actions or claims of any character 28 brought as a result of injuries or damages received or sustained by any person, persons or 29 property on account of this vacation or pefifioners' use of this property, including but not limited 30 to, a claim brou�ht because of any act of omission, ne;lect, or misconduct of said petirioners or 31 because of any claims oz liability arising from any vioiation of any 1aw or regulation made in 32 accordance with tfie law, whether by the petitioners or any of their agenis or employees. _� . Oy- 5.3� - -- -�-- I 2 �• That the petitioners, t}iell successors and assi 3 resolutioa, file with the City CIerk an acceptance �n �'- n� 60 days of the effective date opthis 4 �d S�Il, wiflvn the eriod s a of the conditions ogtbis resolution 5 P () specified in the terms and conditions of this resoIution, comply in alI respects with fhese terms and conditions. Requested by DepartmenT o£ Technolow & ManaQement Services Adopted by Adoption C� $Y- — /Y� � Date � Council By: �i/,�ii.r�m�'- �-ri_ � �.�d� Form Approved b C �Director Y ry Attomey $y: ��✓, L✓Gtiw_ 8; Z ( - .i 3 n Mayor fp�