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220615 �Zn -C� I�' Council Flle No. 220815—By Milton, Rosen— Whereas, Robert A. and Lillian T.�+ Elm have petitioned the Saint Paull City Council to vacate a certain drain- age easement ia Lot 8, Block 1 St. Joseph's Hill because a house has�een built thereon making its future use for a drainage easement almost impossible; and Whereas, The Chief Engineer oP the , Department of Public Works recom- mended that the public interest will � be best served by the granting of said vacatlon of the present easement on the condition that the petirioners„dedicate another easement which said other easement shall serve the same purpose as the vacated easement; now, there- fore, be it Resolved, That the petition for the vacation of the drainage easement de- scribed as follows: � That drainage easeinent in Lot 8, h Block 1, St. JoseRh's Hill, which - lies_10 feet oa either side of the fo$owing described line: From a � point on the north line of Lot 10, St. Joseph's Hlll, distant 74.44 feet � easterly of the northwest coraer � thereof, ivn northwesterly at an angle of 71°48' with said north lot line for 45.7 £eet; thence deflect to 1 the left at att angle of 31°38� for j 74 feet to the point of beginning of ; the line to be described; thence � � northeaste;ly 75 feet more or less; thence northwesterly 150 Peet more or less to the north boundary of said Lot 8 as shown on the plat• �subj ct,to the rese vation of a rdrai�n- � Yrnnning in favor of the Sta�tetof Minnea fsota over and across the southerly � portion of the drainage easement here- , by vacated; and be it Further Resolved, That the granting of the above petition be subject to the following terms and conditions: l.that the vacation be subject to all' terms and conditions of Section 228 of the Le�islative Code, regulating , the procedure and prescribing con-j ditions for the vacation of publia{ � grounds, streets, alleys and high- ways in the City of Saint Paul; the same being incorporafed herean by i reference as fully and as completely as iY the same were set forth herein • verbatim; 2.that the petitioners dedicate a drainage easement on the llne and at a location which meets with the approval and satisfaction of the De-� partment of Public Works; E 3.that the petitioners pay to the City� of Saint Paul the sum of �50.Q0 a,q � compensation for said vacation; , ' 4.that the petitloners shall furnish a f surety bond to the.City of Saint; � Pau1 1n the sum of �5,00p.00 coridi- , tioned to comply with ail the terms � of this resolution and to indemnify . � and save harmless said City from , �nY and all liabillty. judgments, suits, costs, charges, damage or ex- ' penses that may accrue or grow out oE the said vacation;�that $uch bond + , shall be in such form as may be a • approved by the Corporation Coun-� sel, and shall have such surety as� may be approved by the Commis-I sioner of Finance, and shall be flied j in the Office of the Comptroller oi f the City oE Saint Paul; � 5.that the petitioner shall pay the� cost oE publication of this resolution and sha11 within thirty (30) days� � after the publication ot the same ffie a writtea acceptance thereof � with the City Clerk in the form to • be approved tiy tlie Corporation � Counsel. If such acceptance is not � flled within said time, the authority hereby given shall be null and void.� Adopted by the Council'November 6, ;1964. � Approved November 8, 1984. ' (November 14, 1964)