95-729Return copy to:
Real Estate Division
� 140 City Hall
Qao)
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Refernd To
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[`.,...�m:�r.r' Date
RESOLVED, that upon the petition of Kenneth Tscluda, Mike Nicklaus, per Finance File No.
23-1994 that portion of Willius Sueet bounded by vacated East Eighth Street and East Seventh
Street, hereinafter referenced to, is hereby vacated and discontinued as Public Property;
subject to the following conditions:
1. That this vacation shall be subject to the terms and condition of Chapter 130,
codified March 1, 1981, of the Saint Paul I.egislative Code as amended.
2. That the petitioner's, 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 the petitioner's, their successors and assigns shall dedicate a permanent drainage
easement, on, over, under and across the above referenced vacated area, to the
City of Saint Paul, Department of Public Works, for the purpose of maintaining and
sustaining proper storm water run-off from abutting properties and the public a11ey in
Block 24, Kittson's Addition, that no structures or improvements to said vacated area
shall restrict the enjoyment of these easement rights.
4. That a permanent access easement will be retained, within the vacated area, by all
abutting properties and the Ciry of Saint Paul for public alley use in Block 24,
Kittson's Addition and for access to that portion of vacated East Eighth Street.
5. That the petitioner's, their successors and assigns shall apply for and receive a pemut
to take over all ownership and responsibility for all catch basins located in said
vacated area, this includes all maintenance, wst and e�enses for said catch basins.
6. That the petitioner's, their successors and assigns sha11 submit, for review and
approval by the City of 5aint Paul, Department of Public Works and Department of
License, Inspections and Environmental Protection, site plans for the re-design of said
vacated area, said plans will include the removal all indications of public right-of-way
and acquisition of any pemuts applicable to the work in said vacated azea.
7. That a permanent utility easement shall be retained within the vacated area to protect
the interest of Northem States Power Company, gas and electric, unless released in
writing by said utility.
ORiG{�l.�:°�
Council File # �� I
Green Sheet # 31457
RESOLUTfON
OF SAINT PAUL, MINNESOTA
8. That a permanent utility easement shall be retained within the vacated asea to protect
the interest of Continental Cablevision's existing aerial facilities, unless released
in writing by said utility.
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9. That a permanent utility easement shall be retained within the westerly one-half of
said vacated area to protect the interest of the St. Paul Water Utility, that no
structures, improvements, change in grade or change in surfacing shall restrict the
enjoyment of said easement.
10. That the petitioner's, their successors and assigns, by acceptance of the terms and
condition of this resolution, agree to identify, defend and save harmless the
Ciry 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 of 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.
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Requested by Department o£:
Finance & Management Services
By: J pt/ 2 xd�LO
Direct
Form Appr . ed by City Attorney
By: i����`^' G✓Gl/1/!"Pi. �j/�
$� pr� by Mayor or Submission to Council
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