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96-719Return copy to: Real Estate Division 140 City Hall OR��I����. Council File # �� �q Green Sheet # � `� 1 v �o RESOLUTION 2 3 4 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 CITY Presented By Referred To Committee: Date RESOLVED, that upon the petition of MACALESTER COLLEGE, per Finance Department File No. 3- 1996, public properties hereinafter described are hereby vacated and discontinued as public property; and, subject to the herein stated exceptions, the easements within those public properties are hereby released. The vacated azea is described as follows: That part of the Alley dedicated in Block 1, MACALESTER PARK, according to the recorded plat thereof, Ramsey County, Minnesota, together with that part of the Alley opened per pocument Numbers 771216 and 771217, which lies northerly of a line described as commencing at the northeast corner of Lot 4, ECKE'S ADDITION, according to the recorded plat thereof, Ramsey County, Minnesota; thence southwesterly along the northwesterly side of the Alley as opened per said Document Numbers 771216 and 771217 a distance of 1131 feet to a point of beginning of the line to be described; thence southeasterly, deflecting to the left 90 degrees 00 minutes 00 seconds a distance of 16.00 feet to the southeasterly line of said Alley and said line there temunating. Except that part of said Alley previously vacated per said Document Numbers 771216 and ��iai�. This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the Saint Paul Legislative Code as amended, and to the following conditions: 1. 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 effective date of this resolution. 2. That the petitioner shall dedicate a 20 foot easement for public purposes to connect the remaining portion of the subject public alley to Macalester Street, subject to the approvai of Public Works Traffic Engineering and the Saint Paul Fire Department and in accordance with Site Plan Review File Number 96-073 as approved by the Department of Licence, Inspections, and Environmental Protection (LIEP), on file in the Building and Zoning Section of said Department of LIEP. 3. That ihe petitioner shall have one year from the approval of this vacation resolution to either complete the vacation of the remainder of the subject alley in Block i, Macalester Pazk, or to install, at their own expense, a stormwater drainage system designed to City standards and specifications under an ordinance permit issued by the Department of Public Works. Said drainage system to be installed within said public aliey as per the above referenced Site Plan Review File Number 96-073. � That the petitioner shall be responsible for all costs and expenses for the improvement of the 20 foot alley easement which shall be constructed to City standards and specifications under a pemvt issued by the Department ofPublic Works. PAUL, MINNESOTA �� q�-�t19 5. That the petitioner shall be responsible to reconstruct the alley intersection at Cambridge Street to the satisfaction ofthe Department ofPublic Works, including but not limited to, new curbing, sidewalk and boulevard, to remove all appearances of public right-of-way. 10 11 12 13 14 15 16 17 18 19 20 21 6. That a permanent utility easement shall be retained within the vacated area to protect the interest of Northem States Power Company. Also, any relocation and/or removal of Northem States Power Company electric distribution will be subject to reimbursement costs paid by the petitioner. That the petitioners, their successors and assigns, agree to indemnify, defend and save harmless 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 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 their agents or employees. 8. That the petitioners, their successors and assigns, shall within 60 days of the effective 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. r �}������{� �