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97-401J Return copy to: Real Estate Division 140 City Hall S v.bs� ;-�-.�� �.. - y, j a� j q� co,�� �e # �i�l -�l o � RESOLUTION SAINT PAllL, MINNESOTA rr�t�a sy Referred To Cownittee: Date Green Sheet X� O O�{ y BE IT RESOLVED, that, upon the perition of the Neighborhood Development Alliance , as documented in Finance Depariment File Number 9-1996, public properkies hereinafter described aze hereby vacated and discontinued as public properiy: and, subject to the herein stated exceptions, the easements witl�in those public properties are hereby released. The property to be vacated is described as follows: 7 Parcel 1. The east 20.00 feet of the west 36.00 feet of vacated Mt. Hope Street lying 8 northerly of a line ruuning from the southeast corner of Block 3, Woodbury & 9 Case's Addition to Saint Paul, to the southwest corner of Block 2, Woodbury & 10 Case's Addition to Saint Paul, and southerly of the south line of Lot 18, Auditor's 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Subdivision No. 30. Parcel 2. The North Twenty (20) feet measured parallel to the extended North line of Lot A, Block Three (3), Woodbury and Case's Addition, of the West si�cteen (16) feet of that portion of vacated Mt. Hope Street lying between Block Two (2) and Block Three (3), Woodbury and Case's Addition. This vacation shall be subject to the terms and condidons of Chapter 130, codified March 1, 1981, of the Saint Paul Legislative Code as amended, and to the following conditions: That the petitioner's, their successors and assigns sha11 pay $500.00 as an administrarive fee for this vacation which is due and payable within 60 days of the effective date of this resolution. 2. That a permanent utility easement sha11 be retained, on behalf of the Ciry of Saint Paul, Department of Public Works, to reserve the right of the City to maintain and operate any sewer 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 purposes of future construction, reconstrucrion, inspecting, maintauung or repairing the same or any part thereof and shall be subject to the following conditions: a. No buildings, structures, trees or any temporary sUucture, material storage, fixture, or any other objects that wiil prohibit normal access to utility facilities for maintenance purposes will be pernutted within the easement area. Su�s-�:-�.��-e - `-t `a� J �t� �1'� _ �°t 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 b. Improvements in or upon the above described easement that do not prohibit the Ciry from exercising its reserved rights may be allowed by obtaining written permission from the Department of Public Works Sewer Division with the understanding that the restoration and costs of such improvements shall be the sole responsibility of the petitioner, its successors and assigns in the event the City exercises its reserved easement rights. c. � No change from the e�usting grade within the easement azea will be permitted without written permission from the Department of Public Works. No change in surfacing within the easement area will be permitted without written permission from the Department of Public Works. e. The petitioner, its successors and assigns shall indemuify, defend, and save hannless the City of Saint Paui, its officers, agents, employees, and servants from all suits, actions, or claims wluch shall arise from any injuries or damages received or sustained by any break in any service pipe or connection in said reserved easement arising out of or resulting from any action or negligence of the petitioner, its employees, agents, or business invitees. That a permanent utility easement shall be retained within the vacated area to protect the interest of Northern States Power Company. That a permanent utility easement sha11 be retained within the vacated area to protect the interest of U.S. West Communicarion, Inc. � That a permanent urility easement sha11 be retained within the vacated area to protect the interest of Continental Cablevision, Saint Paul, Inc. 6. That a temporary vehicular access easement sha11 be retained across the southerly 133.74 feet of Parcel 1 to protect access to the east-west alley, such temporary access to be released upon the earlier of (a) Vacation of the east-west alley; or (b) Replatring of the area with provision for alternate access to the east-west alley. 7. That with the exceptions noted above and with the accompanying Utility Easement Certificates of Intended Non-Use, filed voluntarily on behalf of U.S. West Communicarions, Incorporated, Northern States Power Company, District Energy St. Paul, Incorporated, MCI Metro, Incorporated, Continental Cablevision, The Water Ufility, and The Department of Public Works, made a part hereof by this reference and filed in the office of the City Clerk of Saint Paul, the City, for itself and on behalf of these corporations and deparhnents, does hereby waive the right to the utility easements in the vacated azea described above. 2 3 4 5 6 7 8 9 10 11 12 13 S � - �-ti� - � e_ - �l J�� I9� a�,-�o� 8. That the petitioners, their successors and assigns agree to indemnify, defend and save hannless 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 petilioner's use of ttus 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 clauns 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 empioyees 9. That the petitioner's 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 tius 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. By: � Approved by Mayor: By: / Requested by Department of: Technolo¢v & Managemeni Services �: _��-L-���ti'I� �� �. Director Form Approved by City Attorney By: 'IT,c� /,�"G-�'��-� �/��d-�? Approved b� for Submission to Council By: Adopted by Council: Date �' Z Adoption Certified by Council cretary J Return copy to: Real Estate Division 140 City Hall S v.bs� ;-�-.�� �.. - y, j a� j q� co,�� �e # �i�l -�l o � RESOLUTION SAINT PAllL, MINNESOTA rr�t�a sy Referred To Cownittee: Date Green Sheet X� O O�{ y BE IT RESOLVED, that, upon the perition of the Neighborhood Development Alliance , as documented in Finance Depariment File Number 9-1996, public properkies hereinafter described aze hereby vacated and discontinued as public properiy: and, subject to the herein stated exceptions, the easements witl�in those public properties are hereby released. The property to be vacated is described as follows: 7 Parcel 1. The east 20.00 feet of the west 36.00 feet of vacated Mt. Hope Street lying 8 northerly of a line ruuning from the southeast corner of Block 3, Woodbury & 9 Case's Addition to Saint Paul, to the southwest corner of Block 2, Woodbury & 10 Case's Addition to Saint Paul, and southerly of the south line of Lot 18, Auditor's 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Subdivision No. 30. Parcel 2. The North Twenty (20) feet measured parallel to the extended North line of Lot A, Block Three (3), Woodbury and Case's Addition, of the West si�cteen (16) feet of that portion of vacated Mt. Hope Street lying between Block Two (2) and Block Three (3), Woodbury and Case's Addition. This vacation shall be subject to the terms and condidons of Chapter 130, codified March 1, 1981, of the Saint Paul Legislative Code as amended, and to the following conditions: That the petitioner's, their successors and assigns sha11 pay $500.00 as an administrarive fee for this vacation which is due and payable within 60 days of the effective date of this resolution. 2. That a permanent utility easement sha11 be retained, on behalf of the Ciry of Saint Paul, Department of Public Works, to reserve the right of the City to maintain and operate any sewer 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 purposes of future construction, reconstrucrion, inspecting, maintauung or repairing the same or any part thereof and shall be subject to the following conditions: a. No buildings, structures, trees or any temporary sUucture, material storage, fixture, or any other objects that wiil prohibit normal access to utility facilities for maintenance purposes will be pernutted within the easement area. Su�s-�:-�.��-e - `-t `a� J �t� �1'� _ �°t 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 b. Improvements in or upon the above described easement that do not prohibit the Ciry from exercising its reserved rights may be allowed by obtaining written permission from the Department of Public Works Sewer Division with the understanding that the restoration and costs of such improvements shall be the sole responsibility of the petitioner, its successors and assigns in the event the City exercises its reserved easement rights. c. � No change from the e�usting grade within the easement azea will be permitted without written permission from the Department of Public Works. No change in surfacing within the easement area will be permitted without written permission from the Department of Public Works. e. The petitioner, its successors and assigns shall indemuify, defend, and save hannless the City of Saint Paui, its officers, agents, employees, and servants from all suits, actions, or claims wluch shall arise from any injuries or damages received or sustained by any break in any service pipe or connection in said reserved easement arising out of or resulting from any action or negligence of the petitioner, its employees, agents, or business invitees. That a permanent utility easement shall be retained within the vacated area to protect the interest of Northern States Power Company. That a permanent utility easement sha11 be retained within the vacated area to protect the interest of U.S. West Communicarion, Inc. � That a permanent urility easement sha11 be retained within the vacated area to protect the interest of Continental Cablevision, Saint Paul, Inc. 6. That a temporary vehicular access easement sha11 be retained across the southerly 133.74 feet of Parcel 1 to protect access to the east-west alley, such temporary access to be released upon the earlier of (a) Vacation of the east-west alley; or (b) Replatring of the area with provision for alternate access to the east-west alley. 7. That with the exceptions noted above and with the accompanying Utility Easement Certificates of Intended Non-Use, filed voluntarily on behalf of U.S. West Communicarions, Incorporated, Northern States Power Company, District Energy St. Paul, Incorporated, MCI Metro, Incorporated, Continental Cablevision, The Water Ufility, and The Department of Public Works, made a part hereof by this reference and filed in the office of the City Clerk of Saint Paul, the City, for itself and on behalf of these corporations and deparhnents, does hereby waive the right to the utility easements in the vacated azea described above. 2 3 4 5 6 7 8 9 10 11 12 13 S � - �-ti� - � e_ - �l J�� I9� a�,-�o� 8. That the petitioners, their successors and assigns agree to indemnify, defend and save hannless 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 petilioner's use of ttus 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 clauns 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 empioyees 9. That the petitioner's 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 tius 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. By: � Approved by Mayor: By: / Requested by Department of: Technolo¢v & Managemeni Services �: _��-L-���ti'I� �� �. Director Form Approved by City Attorney By: 'IT,c� /,�"G-�'��-� �/��d-�? Approved b� for Submission to Council By: Adopted by Council: Date �' Z Adoption Certified by Council cretary J Return copy to: Real Estate Division 140 City Hall S v.bs� ;-�-.�� �.. - y, j a� j q� co,�� �e # �i�l -�l o � RESOLUTION SAINT PAllL, MINNESOTA rr�t�a sy Referred To Cownittee: Date Green Sheet X� O O�{ y BE IT RESOLVED, that, upon the perition of the Neighborhood Development Alliance , as documented in Finance Depariment File Number 9-1996, public properkies hereinafter described aze hereby vacated and discontinued as public properiy: and, subject to the herein stated exceptions, the easements witl�in those public properties are hereby released. The property to be vacated is described as follows: 7 Parcel 1. The east 20.00 feet of the west 36.00 feet of vacated Mt. Hope Street lying 8 northerly of a line ruuning from the southeast corner of Block 3, Woodbury & 9 Case's Addition to Saint Paul, to the southwest corner of Block 2, Woodbury & 10 Case's Addition to Saint Paul, and southerly of the south line of Lot 18, Auditor's 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Subdivision No. 30. Parcel 2. The North Twenty (20) feet measured parallel to the extended North line of Lot A, Block Three (3), Woodbury and Case's Addition, of the West si�cteen (16) feet of that portion of vacated Mt. Hope Street lying between Block Two (2) and Block Three (3), Woodbury and Case's Addition. This vacation shall be subject to the terms and condidons of Chapter 130, codified March 1, 1981, of the Saint Paul Legislative Code as amended, and to the following conditions: That the petitioner's, their successors and assigns sha11 pay $500.00 as an administrarive fee for this vacation which is due and payable within 60 days of the effective date of this resolution. 2. That a permanent utility easement sha11 be retained, on behalf of the Ciry of Saint Paul, Department of Public Works, to reserve the right of the City to maintain and operate any sewer 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 purposes of future construction, reconstrucrion, inspecting, maintauung or repairing the same or any part thereof and shall be subject to the following conditions: a. No buildings, structures, trees or any temporary sUucture, material storage, fixture, or any other objects that wiil prohibit normal access to utility facilities for maintenance purposes will be pernutted within the easement area. Su�s-�:-�.��-e - `-t `a� J �t� �1'� _ �°t 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 b. Improvements in or upon the above described easement that do not prohibit the Ciry from exercising its reserved rights may be allowed by obtaining written permission from the Department of Public Works Sewer Division with the understanding that the restoration and costs of such improvements shall be the sole responsibility of the petitioner, its successors and assigns in the event the City exercises its reserved easement rights. c. � No change from the e�usting grade within the easement azea will be permitted without written permission from the Department of Public Works. No change in surfacing within the easement area will be permitted without written permission from the Department of Public Works. e. The petitioner, its successors and assigns shall indemuify, defend, and save hannless the City of Saint Paui, its officers, agents, employees, and servants from all suits, actions, or claims wluch shall arise from any injuries or damages received or sustained by any break in any service pipe or connection in said reserved easement arising out of or resulting from any action or negligence of the petitioner, its employees, agents, or business invitees. That a permanent utility easement shall be retained within the vacated area to protect the interest of Northern States Power Company. That a permanent utility easement sha11 be retained within the vacated area to protect the interest of U.S. West Communicarion, Inc. � That a permanent urility easement sha11 be retained within the vacated area to protect the interest of Continental Cablevision, Saint Paul, Inc. 6. That a temporary vehicular access easement sha11 be retained across the southerly 133.74 feet of Parcel 1 to protect access to the east-west alley, such temporary access to be released upon the earlier of (a) Vacation of the east-west alley; or (b) Replatring of the area with provision for alternate access to the east-west alley. 7. That with the exceptions noted above and with the accompanying Utility Easement Certificates of Intended Non-Use, filed voluntarily on behalf of U.S. West Communicarions, Incorporated, Northern States Power Company, District Energy St. Paul, Incorporated, MCI Metro, Incorporated, Continental Cablevision, The Water Ufility, and The Department of Public Works, made a part hereof by this reference and filed in the office of the City Clerk of Saint Paul, the City, for itself and on behalf of these corporations and deparhnents, does hereby waive the right to the utility easements in the vacated azea described above. 2 3 4 5 6 7 8 9 10 11 12 13 S � - �-ti� - � e_ - �l J�� I9� a�,-�o� 8. That the petitioners, their successors and assigns agree to indemnify, defend and save hannless 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 petilioner's use of ttus 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 clauns 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 empioyees 9. That the petitioner's 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 tius 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. By: � Approved by Mayor: By: / Requested by Department of: Technolo¢v & Managemeni Services �: _��-L-���ti'I� �� �. Director Form Approved by City Attorney By: 'IT,c� /,�"G-�'��-� �/��d-�? Approved b� for Submission to Council By: Adopted by Council: Date �' Z Adoption Certified by Council cretary