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97-1252 (3) Return copy to: Council File# Real Estate Division • 140 City Hall Green Sheet# 3? ' `/D RESOLUTION . ("N CITY OF SAINT PAUL, MINNESOTA �..' , \ + t ! . Presented By-4�*Astif1 Referred T. Committee: Date 1 BE IT RESOLVED, that, upon the petition of Port Authority of Saint Paul, as documented in 2 Finance Department File Number 18-97, public properties hereinafter described are hereby vacated 3 and discontinued as public property: and, subject to the herein stated exceptions, the easements within 4 those public properties are hereby released. 5 6 The property to be vacated is described as follows: 7 8 See attached Exhibit A as incorporated herein by reference. 9 10 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of 11 the Saint Paul Legislative Code as amended, and to the following conditions: 12 13 1. That the petitioner's, their successors and assigns shall pay $500.00 as an administrative fee 14 for this vacation which is due and payable within 60 days of the effective date of this 15 resolution. 16 17 2. That a permanent utility easement shall be retained within the vacated area to protect the 18 interest of Northern States Power Company.. 19 20 3. That with the accompanying Utility Easement Certificates of Intended Non-Use, filed 21 voluntarily on behalf of U.S. West Communications, Incorporated, Northern States Power 22 Company Electric, District Energy St. Paul, Incorporated, MCI Telecommunications 23 Corporation, Continental Cablevision, The Water Utility, and The Department of Public 24 Works, made a part hereof by this reference and filed in the office of the City Clerk of Saint 25 Paul, the City, for itself and on behalf of these corporations and departments, waive the right 26 to the utility easements in the vacated area described above. 27 28 4. That the petitioner's their successors, and assigns agree to indemnify, defend and save 29 harmless the City of Saint Paul, its officers, and employees from all suits, actions, or claims of 30 any character brought as a result of injuries or damages received or sustained by any person, 31 persons, or property on account of this vacation or petitioner's use of this property, including 32 but not limited to a claim brought because of any act of omission, neglect, or misconduct of 33 said petitioner or because of any claims or liability arising from any violation of any law or 34 regulation made in accordance with the law, whether by the petitioner or any of their agents or 35 employees 36