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91-518 (2) Return copy to: ORiGINAL Real Estte Division Council File # q/- 57X 213 City Hall (RM) (29-1990) Green Sheet # /0796r0 RESOLUTION CITY OF SAINT PAUL, MINNESOTA • Presented By Referred To Committee: Date RESOLVED, that upon the petition of Richard Wybierala, per Finance File No. 29-1990 , that part of Desoto Street bounded by Whitall Street and the Chicago North Western Railroad hereinafter described , is hereby vacated and discontinued as public property. The vacated area is described as follows : All that part of Desoto Street lying between Whitall Street and a line drawn from the southeast corner of Lot 16 , Block 5 to the southwest corner of Lot 15 , Block 4 , Stinson' s Addition to the City of Saint Paul, Ramsey County, Minnesota. This vacation shall be subject to the following conditions : 1. That this vacation shall bie subject to all the terms and conditions of Chapter 130 , codified March 1 , 1981 of the St. Paul Legislative Code, as amended . 2 . That the petitioner , his heirs , and assigns shall pay the City $14 ,850 as compensation for this vacation which is due and payable within 60 days of the publication date of this resolution. 3 . That a permanent Water Utility easement be retained within the west half of the vacated area on behalf of the City of Saint Paul , Board of Water Commissioners. This easement shall be subject to the following conditions : a. No buildings , structures , or trees are permitted within the easement area, nor any temporary structure , material storage , fixture or other objects that will prohibit normal access to water facilities for maintenance purposes . b, No change from the existing grade is permitted without written permission from the Water Utility. c . No change in surfacing within the easement area is permitted without written permission from the Water Utility. d . That the petitioner , its successors , and assigns shall fully indemnify, defend , and save harmless , the Board of Water Commisioners , its officers , agents , employees , and servants from o i GINAL !Fq/-5-/k all suits , actions , or claims which shall arise from any injuries or damages received or sustained by any break in any service pipe , water main , or connection in said reserved easement , arising out of or resulting from any action or negligence of the petitioner , its employees , agents or business invitees . 4 . That the petitioner , his heirs , and assigns shall make application with and obtain approval from the Department of Public Works for a change of address at 837 Desoto Street to a new house numbered on Whitall Street . 5 . That the petitioner , his heirs , and assigns shall submit a site plan and obtain approval of said plan from the Department of Planning and Economic Development in accordance with all applicable codes and ordinances indicating the proposed development of vacated Desoto Street (described above) and the adjacent area prior to filing a written acceptance of the conditions of this resolution with the City Clerk. 6 . That the petitioner , his heirs , and assigns shall make application for and obtain from the City, all necessary permits required for the development and use of vacated Desoto Street (described above) including but not limited to permits for grading , filling , and building in accordance with all applicable codes and ordinances prior to filing a written acceptance of the conditions of this resolution with the City Clerk . 7 . That a permanent easement be retained within the vacated area to protect the interests of Northern States Power Company. ORIGft! AL (.,.9,_ 5-ir 8 . That the petitioner , its successors , and assigns , by acceptance of the terms and conditions of this vacation agree to indemnify, defend , and save harmless the City of Saint Paul, its officers , and employees from all suits , actions , or claims of any character brought as a result of injuries or damages received or sustained by any person, persons , or property on account of this vacation or petitioner' s use of this property, including but not limited to a claim brought because of any act of omission , neglect , or misconduct of said petitioner or because of any claims or liability arising from any violation of any law or regulation made in accordance with the law whether by the petitioner or any of its agents or employees . 9 . That the petitioner , its successors , and assigns , shall within 60 days of the publication date of this resolution , file with the City Clerk an acceptance in writing of the conditions of this resolution and shall within the period (s) specified in the terms and conditions of this resolution, comply in all respects with these terms and conditions . • • --)ki?:tikitiAn'U c5-`02/ `f/ Yeas Nays Absent Requested by Department of: Dimond Goswitz Long Finance-& Management Services s Maccabee Rettman ✓ "' ! Thune ; r l Wilson 1 By: (0Z-44 e for Adopted by Council: Da? e'; ) S i Form Approved by City Attorney Adoption Certify d y Council Secretary Ede-n..-„, r By: 7_,,._. By: -,y Approved by Mayor for Submission to Council Approved by Mayor: Date ,,,,,,,,,„/„/ By: p By: 3 December 17, 1990 Mr. Ed Warn Valuation Engineer Real Estate Division Roomy 218, City Hall Dear Sir: I refer to you for check as to form and sufficiency and for recommendation the attached petition of Richard A. Wybierala for the vacation of a portion of Desoto Street from Whitall Street south to the Chicago Northwestern Railroad yard in Block 4, Stinson's Addition. Very truly yours, Albert B. Olson City Clerk ABO:th Attachment • ... _---. _ 1 i 1 I. • to i/,..,. _ LI ge_.„, :,.?/ 7- -744-0 ____ 0 t RECEIVED PETITON TO VACATE PUBLIC STREET DC101990 CITY CLERK TO: THE COUNCIL OF THE CITY OF SAINT PAUL The petitioners, Richard A. Wybierala and Poor Richard's Incorporated, a Minnesota Corporation, do hereby petition the Council of the City of Saint Paul to vacate the public property described as follows: Desoto Street, from Whitall street south to Chicago Northwestern Railroad yard. Adjoining lots 1-4-5-8-9-12-13-16- in block 5 of Stinsons Addition to the west. Lots 2-3-6-7-10-11- -14-15- in block 4 Stinsons Addition to the east. Desoto street is a dedicated, but unimproved street; it has never been maintained by the City of Saint Paul . Our reason for petition is to fejoin surrounding property. Alice S. Wybierala, President of Poor Richard's Inc. will be responsible for payment of compensation and acceptance of the conditions of the vacation, and the contact person for further information. Lot 1 , Block 5 is owned by Richard A. Wybierala �.c� a Ii '6„.„-_,,Li Lots 4-5-8-9-12-13-16-in Block 5, and Lots 2-3-6-7-10-11-14-15- in Block 4 P om v. R..-.413-rd is T'ht. are owned by Poor Richard's Inc. All Lots are in Stinsons Addition to the • /, / ` , City of Saint Paul . .�°_� �/ ' Alice S. Wybierala a ;cleyld 1 I I, Richard A. Wybierala , am one of the petitioners in the above matter and hereby 1 f swear and verify that each of the signatures on this petition was signed by the pers n a. described in the petition and in my presence. s' gne ! x AAAAAAAAAAAAAAAAAAA. AAAAA,AAAAAAAA / 4` ALICE S. WrYBIERALA : k Subscribed and sworn to b ore me . NOTARY PUBLIC-MINNESOTA _ <'t ` RAMSEY COUNTY thi s a.� day of�►�f My Comm.Expires Apr.10,1996 19 40 •VVVVVVVVVVVVVVV VVVVVVVVVVVVVVWVW■ / eyes;ciao'o F porn Ric , , I l ,-&-ci,e,&:- ez' , Alice S. Wybierala , , am one of the petitioners in the 'stove matter and hereby swear and verify that each of the signatures on this tition was sign d by the person described in the petition and in my presence. signed , Subscribedand sworn to :yore me rnnnnnnnnnnnnnr.nnnnnnnnnMAAAAnnAM■ this .25 day of ( .C,t• jJ ,,mow. RICH tC A. 1NYEIERALA f „try, a�.. <;.j$ ' ' IOTARY PUBLIC-MINNESOTA 1 o rtli:, tc ,RAMSEY COUNTY My Comm.Expires Sept.24,1995 1 VVVVVVVVVVVY WWVVVYVVVVVVVVVVVVR I