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97-15 (2) OFF CO. RECORDER RANSY COUNTY Mfg CERT. RECORDED ON 1991 JUN 13 A q: 3q STATE OF MINNESOTA ) COUNTY OF RAMSEY ) ss. BY __DEPUTY Paa CITY OF ST. PAUL ) CG P- CO CI) C') I, Frances Swanson, Deputy City Clerk of the City of Saint Paul, Minnesota, do hereby certify that I have compared the attached copy of Council File No. 97-15 as adopted by the City Council on January 8, 1997 and approved by the Mayor on January 15, 1997 with the original thereof on file in my office. I further certify that said copy is a true and correct copy of said original and the whole thereof. WITNESS, my hand and the seal of the City of Saint Paul, Minnesota, this 29th day of May 1997. C f Y '`' �`'**e (' 3 , Deputy City Clerk • I 411 1 �' 1 rwtru # j rTR'(1 • c', ' = Filing fee _---P p k eo °e .—. z �..� Cer cony_-- ,. Initials ._. Pd by/bi!I r 19 /55 RETURN TO Criy of.S+R,01 170 Ci+y Hal I 15 W Kellogg elvai r � . Return copy to: �'�� i (7. e ! r ;; P 2996767 Council File # Y-2-/S )Meal Estate Division 140 City Hall P Green Sheet # 39489 RESOLUTION Vin;;cRD IN 1`RANSFER REC CITY OF ' • k T PAUL, MINNESOTA 19 , - �� DIRECTOR, PROPERTY TAXATION Ramsey Co my,Minnesota 44,4*Referred To Committee: Date 1 RESOLVED, that upon the petition of Chris Rousemiller, per Finance Department File Number 14-1995, 2 public properties herinafter described are hereby vacated and discontinued as public property; and, subject to 3 the herein stated exceptions, the easements within those public properties are hereby released. 4 5 The vacated area is described as follows: 6 7 Waseca Street, from the south side of Robie Street to the North side of George Street. 8 9 This vacation shall be subject to the terms and conditions of Chapter 130, codified March 1, 1981, of the 10 Saint Paul Legislative Code as amended, and to the following conditions: 11 12 1. That the petitioners, their successors and assigns, shall pay $500.00 as an administrative fee for this 13 vacation, which is due and payable within 60 days of the effective date of this resolution. 14 15 2. That the petitioner shall pay all costs and expenses for the reconstruction of the intersections at both 16 ends of vacated Waseca to eliminate the appearance of a public thoroughfare, including but not 17 limited to, costs for new curbs, sidewalks, boulevards, storm drains, and street sign removal, all to 18 the satisfaction of the Department of Public Works. 19 20 3. That a 30 foot wide permanent sewer easement shall be retained for the City of Saint Paul, 21 Department of Public Works, on, over, under and across that portion of vacated Waseca Street lying 22 between W. George Street and W. Robie Street, being 15 feet on both sides of the following 23 described line: 24 25 Beginning at a point on an existing storm sewer manhole, said point being 22.3 feet north of 26 the centerline of W. George St. and 6.0 feet east of the centerline of said vacated Waseca St. 27 produced south; thence north 84.8 feet more or less to the center of an existing storm sewer 28 manhole, said point being 105.4 feet north of the centerline of W. George St. and 10 feet west 29 of the centerline of vacated Waseca St.; thence north parallel with said centerline of vacated 30 Waseca St. a distance of 81.5 feet more or less to the center of an existing storm sewer 31 manhole; thence north 151.5 feet more or less to the center of an existing storm serew 32 manhole and there terminating, said point of termination being 5.8 feet south of the centerline 33 of W. Robie St. and 6.0 feet east of the centerline of said vacated Waseca St. produced north. 34 Side easement lines are to be prolonged or shortened to terminate on the north right-of-way 35 line of W. George St. and on the south right-of-way of Robie St. 36 37 The above described sewer easement is subject to the following conditions: 38 2996767 ?7-/S 1 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or 2 any other objects that will prohibit normal access to utility facilities for maintenance 3 purposes will be permitted within the easement area. 4 5 b. Improvements in or upon the above described easement that do not prohibit the City 6 from exercising its reserved rights may be allowed by obtaining written permission 7 from the Department of Public Works Sewer Division with the understanding that the 8 restoration and costs of such improvements shall be the sole responsibility of the 9 petitioner, its successors and assigns in the event the City exercises its reserved 10 easement rights. 11 12 c. No change from the existing grade within the easement area will be permitted without 13 written permission from the Department of Public Works, Sewer Division. 14 15 d. No change in surfacing within the easement area will be permitted without written 16 permission from the Department of Public Works, Sewer Division. 17 18 e. The petitioner, its successors and assigns shall indemnify, defend,-and save harmless 19 the City of Saint Paul, its officers, agents, employees, and servants from all suits, 20 actions, or claims which shall arise from any injuries or damages received or sustained 21 by any break in any service pipe or connection in said reserved easement arising out of 22 or resulting from any action or negligence of the petitioner, its employees, agents, or 23 business invitees. 24 25 4. That a permanent utility easement shall be retained within the vacated area to protect the interest of 26 U.S. West Communication, Inc. 27 28 5. That with the accompanying Utility Easement Certificates of Intended Non-Use, filed voluntarily on 29 behalf of Northern States Power Company, District Energy St. Paul, Incorporated, Continental 30 Cablevision, The Water Utility, and The Department of Public Works, made a part hereof by this 31 reference and filed in the office of the City Clerk of Saint Paul, the City, for itself and on behalf of 32 these corporations and departments, waive the right to the utility easements in the vacated area 33 described above. 34 35 6. That the petitioners, their successors and assigns, agree to indemnify, defend and save harmless the 36 City of Saint Paul, its officers, and employees from all suits, actions, or claims of any character 37 brought as a result of injuries or damages received or sustained by any person, persons, or property 38 on account of this vacation or petitioner's use of this property, including but not limited to a claim 39 brought because of any act of omission, neglect, or misconduct of said petitioner or because of any 40 claims or liability arising from any violation of any law or regulation made in accordance with the 41 law, whether by the petitioner or any of their agents or employees 42 43 7. That the petitioners, their successors and assigns, shall within 60 days of the effective date of this 44 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution and 3 2996767 g?-75 1 shall within the period(s) specified in the terms and conditions of this resolution, comply in all 2 respects with these terms and conditions. 3 4 This vacation shall be subject to the following condition: 5 6 Any development of this area must have prior approval from the Saint Paul Office of License, 7 Inspection and Environmental Protection. 8 9 Yeas f Nays Absent Blakey I ✓'I Requested by Department of: Bostrom ✓' Finance & Management Services I ' in3- W.,.-.‘, 9 c`,,:14..),_ :c ir-.'E kick c.-,r• t-- Harris �� y. � �i /��n Megard i/" B \ 1 Rettman MEM m/)Direct•�►'di, Thune I I Form Approved by City Attorney I'-- I S IIIIIIIMOM I 1 1 Adopted by Council: Date c"„ & Vill By: e --/--1/41V/A--■-e-- /Z - 7-9C Adopt's n Certified by CouncSecretary By: , _ _ Approved by Mayor for Submission to Council Approved bye � D t Vic-07 B '� <C 4 By: � By /Z- CITY OF ST . PAm_ RECEIPT # O878�� CASH RECEIPT PAGE PREPARED BY: ESTER ENTRY . OATE 05/2:-!/97 DEPARTMENT ' EXECUTIVE ADMINISTRATION DEPOSIT DATE : 05/23/97 ACCOUNT REFERENCE DEBIT CREDIT QTY -_-----------__-_-__ --------- -------------- -------------- _- - 0014(01300*2933 500 .00 VACATION OF STREET PER COUNCIL FILE #9715 APPROVED 1 - 15-97 , CHRISTOPHER ROUSEMILLER CK4637 $200 / GRETCHEN WILLIAMS CK#8164 $200 HMONG COMMUNITY UNITED METHODIST CHURCH CK#5O3.7 -------- - TOTAL CASH : 500 . 00 RECEIVED BY TREASURY : _ REPLACES TEMPORARY RECEIPT # : /