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97-16Retum copy to: Real Estate Division 140 City Hall �-. . � c - i '�;, .. __.. _<�. n RESOLUTION M{NNESOTA Presented Bp Referred To Committee: Date as 1 BE TT RESOLVED, that, upon the petition of the Port Authority of the City of Saint Paul, as 2 documented in Finance Department File Number 17-1996, public properties hereinafter described are 3 hereby vacated and discontinued as puhlic properiy: and, subject to the herein stated exceptions, the 4 easements within those public properties are hereby released. 5 6 The property to be vacated is described as follows: 7 8 Parcel A 9 10 11 12 13 14 15 16 17 All tt�at part of Montreal Avenue across Government L.ot 3, Section 14, Township 28, Range 23, Ramsey County, Minnesota and of Lot 19, Block 41, West End that lies Easterly of the Southeasterly right-of-way of the Chicago, Milwaukee and St. Paul Railroad and Easterly of the Easterly right-of-way of Interstate Highway 35W and Westerly of a line drawn from a point on the North line of said Montreal Avenue that is 448.85 feet West of the intersection of said North line with the West line of Govemment Lot 2 in said Section 14 to a point on the South line of said Montreal Avenue that is 499.71 feet West of the intersection of said South line with the 5outherly extension of the West line of said Government Lot 2; and 18 Parcel B. 19 20 21 22 23 24 25 26 27 28 All that part of Montreal Avenue in Govemment Lot 3, Section 14, Township 28, Range 23, Raznsey Counry, Minnesota that is described as follows: Beginning at the Southwest corner of Government Lot 2 in said Section 14; thence North 89° 52' 37" along the South line of said Govemment Lot 2, also being the North line of said Government I.ot 3, a distance of 107.00 feet; thence South 61 ° 52' Oi" West a distance of 70.27 feet to the South line of said Montreal Avenue; thence South 84° 52' 37" West along said South line, a distance of 45.05 feet to the intersection with the Southerly extension of the West line of said Govemment Lot 2; thence Nonh 0° 02' East, along said extended line, a distance of 33.00 feet to the point of beginning. 29 This vacazion shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of 30 the Saint Paul Legislative Code as amended, and to the foliowing conditions: 31 Council File # � �° Green Sheet # ��—! 32 1. That the petitioner's, their successors and assigns shall pay $500.00 as an administrative fee 33 for trus vacation which is due and payable within 60 days of the effective date of this 34 resolution. 35 � � �� �. Z 1 2. 2 3 4 5 6 7 8 3. 9 10 11 12 13 14 15 16 � � �� That with the accompanying Utility Easement Certificates of Intended Non-Use, filed voluntarily on behalf of II.S. West Communications, Incorporated, Northem States Power Company, District Energy St. Paul, Incorporated, Continental Cablevision, The Water Utility, and The Department of Public Works, made a part hereof by ttas reference and filed in the office of the City Clerk of Saint Paul, the City, for itself and on behalf of these coiporations and departments, waive the right to the urility easements in the vacated area described above. That the petirioner's 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 character bmught 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, neglect, or misconduct of said pe6tioner 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 17 4. That the petitioner's their successors, and assigns, shall within 60 days of the effective date of 18 this resolution, file with the City Clerk an acceptance in writing of the conditions of this 19 resolution and shall witlun the period(s) specified in the terms and conditions of this 20 resolution, comply in all respects with these terms and conditions. Certified by Requested by Department of: Finance & Management Services F-- By�-� Director Form Approved by City Attorney BY� _�t��U��2 12-1/-Z� By: "' � ,,,�� Approved by Mayor for Submission to Council Approved by yor: Da ��/}� /� � ��/ BY� ��, �� B3': /° � Ki _���.�eX�S Adopted by Council: Date �, _$ �qq� (