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01-14 (2) Return copy to: Council File# 01 — ly Real Estate Division 140 City Hall Green Sheet# 10 4 4 4I RESOLUTION CITY OF SAINT PAUL, MINNESOTA 3� Presented By .4e(rn Referred To Committee: Date 1 BE IT RESOLVED, that, upon the petition of Real Estate Equities Development Company, as 2 documented in Finance Department File Number 14-2000, public properties hereinafter described are 3 hereby vacated and discontinued as public property: and, subject to the herein stated exceptions, the 4 easements within those public properties are hereby released. 5 6 The property to be vacated is described as follows: 7 8 that part of Idaho Avenue lying east of the northerly extension of the west line of Lot 30, 9 Block 3, Dawson's 5th Addition and west of the northerly extension of the east line of Lot 10 1, said Block 3. 11 12 This vacation shall be subject to the terms and conditions of Chapter 130, codified March 1, 1981, of the 13 Saint Paul Legislative Code as amended, and to the following conditions: 14 15 1. That the petitioner's, their successors and assigns shall pay$500.00 as an administrative fee for 16 this vacation which is due and payable within 60 days of the effective date of this resolution. 17 18 2. That a permanent utility easement shall be retained within the vacated area to protect the interest 19 of Northern States Power Company. 20 21 3. That, with the accompanying Utility Easement Certificates of Intended Non-Use, filed 22 voluntarily on behalf of U.S. West Communications, Incorporated, District Energy St. Paul, 23 Incorporated, MCI Metro Incorporated, AT&T Broadband, The Water Utility, and The 24 Department of Public Works, made a part hereof by this reference and filed in the office of the 25 City Clerk of Saint Paul, the City, for itself and on behalf of these corporations and departments, 26 waives the right to the utility easements in the vacated area described above. 27 28 29 s 1 4. That the petitioners, their successors and assigns agree to indemnify, defend and save harmless 2 the City of Saint Paul, its officers and employees from all suits, actions or claims of any character 3 brought as a result of injuries or damages received or sustained by any person, persons or 4 property on account of this vacation or petitioners' use of this property, including but not limited 5 to, a claim brought because of any act of omission, neglect, or misconduct of said petitioners or 6 because of any claims or liability arising from any violation of any law or regulation made in 7 accordance with the law, whether by the petitioners or any of their agents or employees. 8 9 5. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this 10 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution 11 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in 12 all respects with these terms and conditions. I Yeas 1 Nays Absent Benanav 1 e/ I I _ I Requested by Department of: Blakey I i ( r I Technology& Management Services Bostrom I t/ II Coleman ,/11 I k Harris 1 By: �' Lantry 00 Reiter [=== Reiter Approved by City Attorney 1 I J G, I c7 I t Adopted by Council: Date t,___, 4-aa x By: 741: '1 it-7 v Adoptio ertified by Counc ecretary By: ,-�^ ----_ Approved ,y Mayor for Submission to Council Approved by Mayor: Date .35/.6i /z 7,Cgt r / By: , o, / B/Lei ' A �YI/`'" i