94-1293 w
O iij to Council File # ?V /
Real Estate Division
140 City Hall Green Sheet # 3a o.5 a
RESOLUTION
CITY OF ' AINT PAUL, MINNESOTA S
Presented By Z-1 4 .:dill / /
Referred To / Committee: Date
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RESOLVED, that upon the petition o , Johnson Brothers Liquor Company ( "Johnson Brothers ")
and Tetra Rex Packaging Systems, Ins , per Finance Department File No. 15 -1994, that part of
LaSalle Street, bounded by University Avenue and Charles Avenue, hereinafter described, is
hereby vacated and discontinued as p blic property.
The vacated area is described . s follows:
That part of LaSalle Str - et lying between University Avenue and a line 113 feet
southerly of and paralle to the southerly line of Charles Avenue (formerly Fulton
Avenue) as platted in I- witt's Outlots, First Division.
This vacation shall be subject t • the following conditions:
1. That this vacatio shall be subject to the terms and condition of Chapter
130, codified Ma Bch 1, 1981, of the Saint Paul Legislative Code as
amended.
2. That the P etition . r's, their successors and assigns shall pay $500.00 as an
administrative fe; for this vacation which is due and payable within 60 days
of the publicatio date of this resolution.
3. That a permane utility easement shall be retained on, over, under and
across the southei ly 10 feet of the vacated area on behalf of the City of
Saint Paul, Depa 1 tment of Public Works to reserve the right of the City to
maintain and op:, ate any utility in or upon said easement and to enter
upon said easement or any portion thereof at any time and from time to
time, for the pu ; I oses of future construction, reconstruction, inspecting,
maintaining or r:,s airing the same or any part thereof and shall be subject
to the following s'onditions:
a. No buildi gs, structures, or trees are permitted within the easement
area nor .,' y temporary structure, material storage, fixture, or any
other obje is that will prohibit normal access to utility facilities for
maintena ' e purposes.
b. Improvem - nts in or upon the above described easement that do not
prohibit t �e City from exercising its reserved rights may be allowed
by obtain g written permission from the Department of Public
Works Se er Division with the understanding that the restoration
and costs 1 f such improvements shall be the sole responsibility of
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ORIGINAL
9g-/-27-3
the petition r, its successors and assigns in the event the City
exercises its reserved easement rights.
c. No change rom the existing grade is permitted within the easement
area witho written permission from the Director of the
Departmen of Public Works.
d. No change i n surfacing within the easement area is permitted
without wri ten permission from the Director of the Department of
Public Wor s.
e. That the p: itioner, its successors and assigns shall indemnify,
defend, an' save harmless the City of Saint Paul, its officers, agents,
employees, and servants from all suits, actions, or claims which shall
arise from ny injuries or damages received or sustained by any
break in a ► utility service or connection in said reserved easement
arising out f or resulting from any action or negligence of the
petitioner, is employees, agents, or business invitees.
4. That a permanen utility easement shall be retained within the vacated
area to to protect ;the interest of Northern States Power Company.
5. That the petition: is their successors, and assigns, by acceptance of the
terms and conditi n of this resolution agree to indemnify, defend and save
harmless the City Iof Saint Paul, its officers, and employees from all suits,
actions, or claims H of any character brought as a result of injuries or
damages receive' or sustained by any person, persons, or property on
account of this v. ation or petitioner's use of this property, including but
not limited to a c aim brought because of any act of omission, neglect, or
misconduct of sai's petitioner of because of any claims or liability arising
from any violatio of any law or regulation made in accordance with the
law, whether by t e petitioner or any of its agents or employees.
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O R � G N q L. That the petitioner' 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.
1 Ik 11 Naysll Absent) Requested by Department of:
Blake Grimm � � Fina &) M nageme t Services
Guerin MEMORMOMMEM
Harris MOMMOM tV
e•ar• UMW B
Re flan Directs
une �� /�
6 O Form Approved by City Attorney
Adopted by Council: Date ‘ WV - 1
Adoption Certified by Council Secretary
By : ./v G✓- .ate
By: Approv= • by May r f • r t •m _ sion to Council
Approved „ yor: D to 7/ h
By: . J
By:
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