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95-247Return copy to: Real Estate Division 140 City Hall Council File # 9� �7 � Green Sheet # 31 T� � RESOLUTION CITY NT P�UL, MINNESOTA �� N1A�t 09 1995 r,�nua n Refetred To � �ffi�' '+��L��" RESOLVED, that upon the petition of James L. Bergstrom, et al, per Finance Department File No. 1-1995, that the alley in Block 1, Bauerschmidt's Addition baunded by Etna Street, Birmingham Street, and lying north of Maryland Avenue, herein described, is hereby vacated and discontinued as public property. The vacated area is described as follows: All that part of the 10 foot alley adjoining Lots 1, 2, 3, 4 and 5 and of the 20 foot alley ad}oining Lots 5, 6, 7 and 8 in Block 1, BauerschmidPs Addition. This vacation shail be subject to the following conditions: 1. That this vacation shall be subject to the terms and conditions of Chapter 130, codified March 1, 1981, of the Saint Paul Legislative Code as amended. 2. That the petitioners, their successors and assigns shall pay $500.00 as an administrative fee for this vacation which is due and payable within 60 days of the publication date of this resolution. 3. That a permanent easement shall be retained within the vacated area to protect the interest of US West Communications, Inc. 4. T'hat a permanent easement shall be retained within the vacated area to protect the interest of Northern States Power Company. 5. That a permanent easement shall be retained within the vacated area to protect the interest of Continental Cablevision of Saint Paul, Inc. 6. That the petitioners, their successors, and assigns, by acceptance of the terms and conditions of this resolution 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. 9s ��� 1 ? 3 4 � 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 7. That the petitioners, their 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. Yeas II Navsll Absent Requested by Department of: Finance & Manaaement Services Adopted Acloptior� By: � Approved By: � Certified Secretary By: r'�^-"° � irec£or Farm Approved by City Attorney B G��� �f��� � Approved by Mayor for Submission to Council O P _ By: / I�1�� /R�� .. Utdal.P'�