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06-966Return Copy to: jmb Real Estate Division 1000 CHA Presented Council File #�� / � Green Sheet # 3033289 RESOLUTION CITY,OF SAINT PAUL, MINNESOTA 2 W�IEItEAS, the Council of the City of Saint Paul, upon the petition of Rick Lesch, as contained in the 3 resolution Council File 06-773, approved August 16, 2006, approved the petition to vacate and 4 discontinue as public property described in said resolution, attached hereto as Eshibit "A;" and W�IEREAS, an error of omission was found in the "Finally Resolved" language; and 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 WHEREAS, the petitioner and the City Real Estate Division haue requested that the specific language be corrected; so THEREFORE BE IT RESOLVED, that Council File 06-773 is hereby amended with the foilowing change: i) From E�ibit "A" strikethrough and remove the "Finally Resolved" from C.F. 06-773; and 2) Insert and replace with the attached language in E�ibit "B." BE IT FURTHER RESOLVED, that ail terms and conditions set forth in Council File 06-773 shail remain in full force and effect. Requested by Department of: Public Works B L ' � Adopted by Council: Date /6�j�`�� Adoption Certified by Co cil Secretary BY . . Approve y r: Date �Q'�j—Ofo By: Form pr ed Ci � A to� y C' By: Form p ved b or f S miss' to Council By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � ��O��i�i PW - Public Woiks ContaetPerson & Phone: ,lean Bo�gesi Must Be on Council Agend 180CT-� Doc.Type: RESOLUTION E-0ocumentRequired: N DocumentContact: Conpct Phone: Tofal # of Signature Pages Date Initia 03-0CT1� � Assign Num6er For Routing Order Locations for SignaW re) Green Sheet NO: 3033289 8 1 2 3 a 5 bli Wor Bruce Be tto Ju Han n a oYs ce Ma / ' taot no�a • cono�u Clerk Cle k AGENDA. Replace "Finally Resolved" language to clarify intent. itlations: Appro�e (A) or Reject (R): Personal Service ContraMs Must Mswerthe Following Questions: Planning Commission �, �{y� �s persoNfirtn e�er worked under a contract tor this department? CIB Committee Yes No CiNI Senice Commission 2. Has this persoNfirm e�er been a city empioyee? . Yes No 3. Does this persoNfirm possess a skill not nortnally possessed by any cunerrl city employee? Yes No Explain all yes answers on separaM sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): AmMguous ]anguage ia "Finally Resolved" does not specify which portion of Germain Street vacarion is affected by future non- development. , � � Advanqges flApproved: " Christie Place Homeowuer's Associafion and developer Rick Lesch have clarified their expectations and intents. Disadvanfages IfApproved: None foreseen. �� r -- ��T (? v �!!U� Disadvanqges tl NM Approved: Possible future confusion of intent between parties. fotal Amount of TrensaMion: Funding Source: CosflRevenue Budge�d: Activily Number Financial Infortnation: (Expiain) '"�� .�� f .�, ��€� ,r� ,�'�,, - �:.-:G tF?�-..x�.^ s��'",..�_.__.��.�,�, e,n,..z�ti,: -., ,� -. ��.n �� _,? _.., October 3, 2006 3:05 PM Page 1 ��-9b� �xHte�T u�„ Retum copy to: jmb Public Works Tech. Services 1000 City Hall Annez AMENDED 8(16(06 RESOLUTION SAINT P�UL, MINNESOTA Presented By 30 Referred To Committee: Date 1 BE IT RESOLVED, that, upon the petition of Rick Lesch to the City of Saint Paul, as 2 documented iri Public Works Technical Services, Vacation File Number 09-2006, the public 3 property hereinafter described is hereby vacated of its interest as uiumproved street: 4 5 That part of Germain Street lying north of the north line of Christie Place and 6 south af a line 43.00 south of and parallel with the north line of the Northeast � Qnarter of Section 22, Fourth Principal Meridian. n 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 RESOLVED, that, with the accompanying Utility Easement Certificates of Intended Non- Use, filed voluntarily on behalf of: Disttict EnergylDistrict Cooling St. Paul, a private, non-profit Minnesota corporation; Comcast, a Pennsylvania corporation; St. Paul Regional Water Services, a municipal corporation; Qwest, a Colorado corporation; The City of Saint Paul Public Works, a municipality; 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 ofthese coiporations and degartments, waives the right to the street right of way and utility easements in the azea to be vacated, described above and subject to the following: This vacation shall be subject to the terms and condition of Chapter 130, codified Mazch 1, 1981, of the Saint Paul Legislative Code as amended, and to the following conditions: That the petitioners, their successors and assigns shall pay $12�J0.00 as an administrative fee for this vacation which is due and payable within 60 days of the effective date of this resolution. That the petitioner, their successors and assigns agree to indemnify, defend and save hanuless the City of Saint Paul, its officers and employees from all suits, acrions or claims of any character brought as a result of ittjuries or damages received or sustained by any person, persons or properly on account of this vacation, or the petitioners' use of this property, including but not limited to, a claim brought because of any act of omission, neglect, or misconduct of said petitioners or because of any claims or liability arising from any violation of any Iaw or regulation made in accordance with the law, whether by the petitioners or any of their agents or employees. 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 resolu6on and shall, within the period(s) specified in the terms and conditions of this Council i�'ile # �' ] � Green Sheet # 3031376 o� -9�� 37 38 resolution, comply an a11 respects with these terms and conditions, t�rm ** �� _�� Yeas �� Nays v Requested by Depariment of: � v Absent � Adopted by Council: Date G�� >�/, � Adoption Certified by Council S retary By: ,� Approved by Ma�r. Date / _ o 7� � BY� %� .��ol��rnrr✓ r ** perpetuitv. hat Christie Place H vacate the right-of- xty with the provisi 1 not develop or cut // i�T` D"uector roved by City Attorney By: Approved yor for Submission to Council By oins in 0� - 9�G � W W � � � -�/. � Q: W � z W r u _ a' 3 a �' � '3 '' k' 'c Q i7 � � &' > a � � U �_ I n i I � � � � n � £b� � � � �3 � � � V'> N ya � O TN m p V 6� � C /� P O m � 1� � e � N �Yd � Z � � � � � • � _� X y� H ° o � ~ � a —�—z u # . ^ L'+ O � U� o � \ �� ' � m y � � /� @�° � s � � �� % ^� � Z �U � _ : : a �� O � ^a V� �� €L6[ b Z J3 J/ �1 v1 Q�y 5' Q N I F� Y�I 2i �� 06 SLi \ r`�n \ � � � ° nM ^ m o� �� N � ° i�fr0i� O � m S� m �u�i ///�� m ¢ � S£ Z5 �t 56 _ � � c \ " ^ m '° \ � N � J �'q w N O a B �, 9 � 19 <G w � � ' MM ` � I M� � � W � --�---- m �` 6. ../� 17 6\ � � rS' \ � m � a �� F :L 99 O �� '•] n � � ,J x� \_ y v � � O �� \ a N � �'� a� Sa �^ � \ ^ � � o� ' � � \ V c >s ,� Fr �� , � � �� _�\ `� � --�--- �� xn q o �j Q C�i 0 V � � � 0 � C W d $ � �T O z b � z°�< �"�>a � F 0 w a C � o� �9GG Exhibit "B" *� FINALLY RESOLVED, that approval of this vacation is continqent upon the Citv's receipt of an executed Quit Claim Deed from the Christie Place Homeowner's Association to Rick undeveloqed, in perpetuitv.