94-1158 to: OR
IGIN,AL Council File # F ,417-51? Return copy to.
Real Estate Division �G�
140 City Hall Green Sheet # /
• ESOLUTION
• F S INT PAUL, MINNESOT
Presented By / /
Referred To Committee: Date
RESOLVED, that upon the petition of orth Atlantic Technologies, Inc., per Finance
Department File No. 4 -1994, that part f Mackubin Street lying southerly of Como Avenue, and
northerly of Atwater Street and that p. t of Atwater Street lying westerly of Como Avenue and
easterly of Mackubin Street, hereinafte described, are hereby vacated and discontinued as
public property.
The vacated area is described a- follows:
Mackubin Street lying so therly of Como Avenue as widened and northerly of
Atwater Street, and Atw. er Street lying westerly of Como Avenue as widened
and easterly of the of the west line of Mackubin Street extended across Atwater
Street. Also, all of the e. sements for slopes and cuts condemned for the grading
and paving of said street• lying in or adjoining said vacated area.
This vacation shall be subject t s the following conditions:
1. That this vacation shall s subject to the terms and condition of Chapter 130,
codified March 1, 1981, I f the Saint Paul Legislative Code as amended.
2. That the petitioner, its s ccessors and assigns shall pay $500.00 as an
administrative fee for thi. vacation which is due and payable within 60 days of the
publication date of this r solution.
3. That a permanent utility - asement shall be retained on, over, under and across
the vacated area on beh.lf of the City of Saint Paul, Department of Public Works
to reserve the right of th City to maintain and operate any sewer in or upon said
easement and to enter u on said easement or any portion thereof at any time and
from time to time, for t purposes of future construction, reconstruction,
inspecting, maintaining • repairing the same or any part thereof and shall be
subject to the following 4 onditions:
a. That said easeme t is described as follows: All that part of vacated
Atwater street w ch lies westerly of Como Avenue as widened and
easterly of a line o eginning at a point on the south line of Block 2,
Rosenthal Additi n, 20 feet westerly of the most easterly corner of said
Block 2, at right .'ngles to said south line and extended across said vacated
Atwater Street.
b. No buildings, st tures, or trees are permitted within the easement
area nor any tem orary structure, material storage, fixture, or any other
objects that will II ohibit normal access to utility facilities for
maintenance pu s'oses.
O t L V I 1 U 1 Lc. Improvements in o upon the above described easement that do not 115
prohibit the City fr • m exercising its reserved rights may be allowed by
obtaining written p rmission from the Department of Public Works
Sewer Division witi the understanding that the restoration and costs of
such improvement I shall be the sole responsibility of the petitioner, its
successors and assi .ns in the event the City exercises its reserved
easement rights.
d. No change from t - existing grade is permitted within the easement
area without writt n permission from the Director of the Department
of Public Works.
e. No change in surf. ing within the easement area is permitted without
written permission from the Director of the Department of Public
Works.
f. That the petitione II its successors and assigns shall indemnify, defend,
and save harmless he City of Saint Paul, its officers, agents, employees,
and servants from :11 suits, actions, or claims which shall arise from any
injuries or damag - received or sustained by any break in any service
pipe or connectio in said reserved easement arising out of or resulting
from any action o Inegligence of the petitioner, its employees, agents, or
business invitees.
4. That the petitioner, its s cessors and assigns shall take over the responsibility of,
and all costs for, the mai tenance and repairs of the sewer in vacated Atwater
Street from the manhole est of Como Avenue to the manhole in the intersection
of said vacated Mackubi Street and said vacated Atwater Street.
5. That the petitioner, its s cessors and assigns shall enter into an agreement with
the owners of Lots 1 and 2, Block 1, Rosenthal Addition for the mutual use and
maintenance of the stor sewer system in vacated Atwater Street within 60 days
of the effective date of t is resolution. Proof of compliance of this requirement
shall be made by the pet ioner's delivering a copy of the recorded agreement to
the Real Estate Division Room 140 City Hall within 90 days of the effective date
of this resolution.
6. That a permanent utility - asement shall be retained on behalf of the City of Saint
Paul, Board of Water C .' 'ssioners, on, over, under and across the north one-
half of vacated Atwater ' treet from a point at the intersection of the center line
of said vacated Atwater treet with the west line of Como Avenue, as widened, to
a point 50 feet west, wh: measured along the center line of said Atwater Street,
subject to the following strictions:
a. No buildings, stru tures, or trees are permitted within the easement area,
nor any tempora structure, material storage, fixture, or other objects that
will prohibit no al access to water facilities for maintenance purposes.
b. No change from t e existing grade is permitted without written permission
from the Water tility.
c. No change in sur i- cing with the easement area is permitted without written
' " ! r f permission from th'- Water Utility.
d. That the petitioner its successors and assigns shall fully indemnify, defend
and save harmless he Board of Water Commissioners, its officers, agents,
employees, and se ants from all suits, actions or claims which shall arise
from any injuries 0 damages received or sustained by any break in any
service pipe, water ain, or connection in said reserved easement, arising
out of or resulting om any action or negligence of the petitioner, its
employees, agents r business invitees.
7. That the petitioner, its su m cessors and assigns shall pay all costs for the
reconstruction of the stre :t intersection of Atwater Street at Como Avenue, to
provide continuity of stre: improvements along the end of vacated Atwater Street
including but not limited . all costs for construction of new sidewalks, curbing,
boulevards and storm dra s, and shall pay all costs for installing appropriate signs
which indicate that said v. cated streets are no longer public thoroughfares, subject
to the approval of the De • artment of Public Works. All sidewalk work shall be
done under permit issued '"y the Department of Public Works Sidewalk Division.
Petitioner shall contact T• m Keefe at 266 -6121, Sidewalk Division, for the
procedures on this requir: ent. This work shall be completed within 90 days of
the effective date of this solution.
8. That a permanent utility 3. sement shall be retained within the vacated area to
to protect the interest of orthern States Power Company.
9. That a permanent utility 3. sement shall be retained within the vacated area to
to protect the interest of 1' .S. West Communication, Inc.
10. That the petitioner, its su • cessors and assigns shall make the required
improvements indicated o the attached site plan (designated Exhibit "A ")
including but not limited i,o construction of a fence around said vacated area as
described above, subject t t the approval of the Building Division.
11. That the petitioner, its su censors and assigns, by acceptance of the terms
and conditions of this res i'lution agree to indemnify, defend and save harmless the
City of Saint Paul, its offi s ers, and employees from all suits, actions, or claims
of any character brought a result of injuries or damages received or
sustained by any person, •'-rsons, or property on account of this vacation or
petitioner's use of this pr I . erty, including but not limited to a claim brought
because of any act of omi sion, neglect, or misconduct of said petitioner or
because of any claims or 1 ability arising from any violation of any law or
regulation made in accor s nce with the law, whether by the petitioner or any
of its agents or employees
ORIGINAL
12. That the petitioner, its 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 offigers , and employees from all suits, actions, or claims of
any character brought as L result of injuries, damages or cost received or
sustained by any person, ersons, or property arising from a release or threatened
release of a hazardous su stance, pollutant, contaminant, or petroleum on the
vacated area
13. That the petitioner, its successors, and assigns, shall within 60 days of the
publication date of this re volution, file with the City Clerk and acceptance in
writing of the conditions cf 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 concitions.
Yeas Nays Absent Requested by Department of:
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M i llgal 0 Form Approved by City Attorney
Adopted by Council: Date psw 10 ) (ki ti
Adoption Certified by Council cretany By: '� ` `� � - �_ /� _ `l
By: ` — ����..__ —�
App ov -d •y Ma .r f -r S miss'�•n to Council
App roved •M ayor: Date 1i/ 8 J,-r By: � , A
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