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95-565Return copy to: J Real Estate Division 140 City Hall Presented By Referred To Council File # 9��G�� Green Sheet # ����� Committee: Date RESOLVED, that upon petition of Allina Health Systems, per Finance Department File No. 25-1994, that the alleys, Kellogg Boulevazd, and West Fifth Street, hereinafter described, aze hereby vacated and discontinued as public property. The vacated azeas are described as foilows: All of the alley running Northwesterly-Southeasterly in Block 63 Irvine's Enlargement of Rice and Irvine's Addition to the Town of Saint Paul; Part of the Northeasterly-Southwesterly alley lying between Lots 7,8,15 & 16 Block 63 Irvine's Enlazgement of Rice and Irvine's Addition to the Town of Saint Paul excepUng the air rights beriveen Lots 7& 16 previously vacated in Council File No. 17686 dated July 28, 1917; Kellogg Boulevazd bounded by Line 1 and Smith Avenue; West Fifth Street bounded entirely by Line 1; with Line 1 being described as follows; Commencing at the northwest corner of Lot 11 said Block 63 Irvine's Enlargement of Rice and Irvine's Addition to the Town of Saint Paul, thence run southeasterly along the southwesterly line of said Lot 11 on an azimuth of 132 degrees 01 minutes 11 seconds for 12.68 feetto the point of beginning of Line 1 to be described;thence on an azimuth of 53 degrees 28 minutes 14 seconds for 9.08 feet; thence on an azimuth of 323 degrees 28 minutes 14 seconds for 6 feet; thence on an azimuth of 53 degrees 28 minutes 14 seconds for 212 feet; thence deflect to the right on a nontangential curve concave to the southeast having a radius of 104035 feet, a delta angle of 12 degrees 28 minutes 10 seconds and a chord azimuth of 58 degrees 50 minutes 44 seconds for azc equaling 226.41 feet; thence on an azimuth of 65 degrees 04 minutes 49 seconds for 170.24 feet; thence on an azimuth of 109 degrees 32 minutes 32 seconds for 34.96 feet; thence on an azimuth of 166 degrees 44 minutes 19 seconds for 102.96 feet thence deflect to the left on a tangential cucve having a radius of 470.74 feet and a delta angie of 08 degrees 57 minutes 15 seconds for 50 feet and there terminating. This vacation sha11 be subject to the following conditions: �i��°is>'i � �u1'G` ��a`�9� RESOLUTION OF SAINT PAUL, MINNESOTA 1. That this vacation shall be subject to the terms and conditions of Chapter 130, codified Mazch 1, 1981, of the Saint Paul Legislative Code as amended. q5- 5� 5 10 il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 i.� That the petitioners, their successors and assigis shali 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 the petitioners, their successors and assigns by acceptance of the terms and conditions of this resolution agree to indemnify, defend and save hannless the City of Saint Paul, its officers, and employees from all suits, actions, or claims of any chazacter 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 properiy, including, but not limited to, a claim brought because of any act of omission, negiect, or misconduct of said petitioner or because of any act 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. 4. That the petitioners, their successors and assigns, shall within 60 days of the pubiication date of this resolution file with the City Clerk an acceptance in writing of the conditions of this resolution and sha11 within the period(s) specified in the terms and conditions of this resolution, comply in all respects with their terms and conditions. Requested by Department of: Finance & Manaaement Services ay: �Aa Y��1 � 1 . .. � Form Approved by City Attorney By: ���1��_ �/� 3�5.� Approved by Mayor for Submission to Council ��� ` By: �