97-819Return copy to:
�Real Estate Division
14�ity Hall
Presented By
Referred To
Committee: Date
---------------------------------------
-------------------------------------
1 BE TT RESOLVED, that, upon the petition of C& E Partnerslup, as documented in Finance
2 Departmetn File Number 8-97, public properties hereinafter described are hereby vacated and
3 discontinued as public property: and, subject to the herein stated exceptions, the easements within
4 those public propertries are hereby released.
6 The property to be vacated is described as follows:
7
8 North Albert Street lying between Pierce Butler Route and the Great Northern Railroad right-
9 of-way.
10
11 This vacation shall be subject to the terms and condition of Chapter 130, cod'afied March 1, 1981, of
12 the Saint Paul L,egislafive Code as amended, and to the following conditions:
13
14 1
15
16
17
18 2
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
That the petitioner's, their successors and assigns shall pay $500.00 as an admniistrative fee
for this vacation which is due and payable within 60 days of the effective date of this
resolution.
That a permanent utiliry easement shall be retained on, over, under and across the vacated area
on behalf of the City 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, reconstruction, inspecting, maintaining or repairing the same or any part thereof
and shall be subject to the following conditions:
a. No buildings, structures, trees or any temporary structure, material storage, f�ture, or
any other objects that will prohibit normal access to utility facilities for maintenance
purposes will be permitted within the easement area.
b. Improvements in or upon the above described easement that do not prohibit the City
from exercising its reserved rights may be allowed by obtaining written permission
from the Department of Public Works 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 existing grade within the easement area will be permitCed without
written permission from the Deparhnent of Public Works.
Councii File # ��� �q
Green Sheet # � S 3�
RESOLUTION
CITY OF SAlNT PAUL, MINNESOTA
� �
2
0
6
7
8
9
10
11 3.
12
13
14
15
16
17
18
19
20
21
22
23
2A
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40 4.
41
42
43 5.
44
45
46
47
48
49
50
d. No change in surfacing within the easement area will be permitted without written L �
permission from the Department of Public VJorks. �' Q t
e. The peutioner, its successors and assigns shall indemnify, defend, and save bannless
the City of Saint Paul, its officers, agents, employees, and servants from all suits,
actions, or claims which shall arise from any injuries or damages received or sustained
by any break in any service pipe or connecfion 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 on, over, under and across the vacated area
on behalf of the Saint Paul, Board of Water Commissioners to reserve the right of the Water
Utility to maintain and opezate any water main 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, reconstruction, inspecting, maintaining or zepairing the sazne or any part thereof
and shall be subject to the following restrictions:
a. No buildings, structures, trees or any temporary structure, material storage, fisture, or
other object that will prohibit normal access to water facilities for maintenance purposes
will be permitted within the easement area,.
b. Should it be necessary that the petitioner's works or unprovements be removed or
dunaged as a result of Water Utility aperations, all removal, replacement or
modification costs to restore the pefitioner's works shall be bome solely by the
pe�itioner.
c.
a
No change from the existing grade will be permitted without written pernussion from
the Water Utility.
No change in surfacing within the easement area will be pernutted without written
permission from the Water Utiliry.
e. The petitioner, its successors and assigns shall fully indemnify, defend and save
harmless the Board of Water Commissioners, its officers, agents, employees, and
servants from all suits, action or claims which shall arise from any injuries or damages
received or sustained by any break in any service pipe, water main, 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 utiliry easement shall be retained within the vacated area to to protect the
interest of Northern States Power Company.
That a permanent utiliry easement shall be retained within the vacated area to protect the
interest of U.S. West Communication, Inc.
1 6 That the etitioner's the' suc essors d i t' d d f d d � 1 ��� �
p �r c , an ass gns agree o m emmfy, e en an save
2 harmless the City of Saint Paul, its officers, and employees from all suits, actions, or claims of
3 any character brought as a result of injuries or damages received or sustained by any person,
A persons, or property on account of this vacation or petitioner's use of this property, including
5 but not limited to a claim brought because of any act of omission, neglect, or misconduct of
6 said petitioner or because of any claims or liabiliry arising from any violarion of any law or
7 regulation made in accordance with the law, whether by the getitioner or any of their agents or
E3
10
11 7
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
employees
That the petitioner's their successors, and assigns, shall within 60 days of ffie 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.
Adopted by Council:
Approved by Mayor:
------------------------------------------
------------------------------------------
Requested by Department of:
Pinance & Management Services
By�-�! V �� D��i/.I�v�
Director
Form Approved by City Attorney
B ;�.��1 �- l9 -5 �
Return copy to:
�Real Estate Division
14�ity Hall
Presented By
Referred To
Committee: Date
---------------------------------------
-------------------------------------
1 BE TT RESOLVED, that, upon the petition of C& E Partnerslup, as documented in Finance
2 Departmetn File Number 8-97, public properties hereinafter described are hereby vacated and
3 discontinued as public property: and, subject to the herein stated exceptions, the easements within
4 those public propertries are hereby released.
6 The property to be vacated is described as follows:
7
8 North Albert Street lying between Pierce Butler Route and the Great Northern Railroad right-
9 of-way.
10
11 This vacation shall be subject to the terms and condition of Chapter 130, cod'afied March 1, 1981, of
12 the Saint Paul L,egislafive Code as amended, and to the following conditions:
13
14 1
15
16
17
18 2
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
That the petitioner's, their successors and assigns shall pay $500.00 as an admniistrative fee
for this vacation which is due and payable within 60 days of the effective date of this
resolution.
That a permanent utiliry easement shall be retained on, over, under and across the vacated area
on behalf of the City 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, reconstruction, inspecting, maintaining or repairing the same or any part thereof
and shall be subject to the following conditions:
a. No buildings, structures, trees or any temporary structure, material storage, f�ture, or
any other objects that will prohibit normal access to utility facilities for maintenance
purposes will be permitted within the easement area.
b. Improvements in or upon the above described easement that do not prohibit the City
from exercising its reserved rights may be allowed by obtaining written permission
from the Department of Public Works 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 existing grade within the easement area will be permitCed without
written permission from the Deparhnent of Public Works.
Councii File # ��� �q
Green Sheet # � S 3�
RESOLUTION
CITY OF SAlNT PAUL, MINNESOTA
� �
2
0
6
7
8
9
10
11 3.
12
13
14
15
16
17
18
19
20
21
22
23
2A
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40 4.
41
42
43 5.
44
45
46
47
48
49
50
d. No change in surfacing within the easement area will be permitted without written L �
permission from the Department of Public VJorks. �' Q t
e. The peutioner, its successors and assigns shall indemnify, defend, and save bannless
the City of Saint Paul, its officers, agents, employees, and servants from all suits,
actions, or claims which shall arise from any injuries or damages received or sustained
by any break in any service pipe or connecfion 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 on, over, under and across the vacated area
on behalf of the Saint Paul, Board of Water Commissioners to reserve the right of the Water
Utility to maintain and opezate any water main 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, reconstruction, inspecting, maintaining or zepairing the sazne or any part thereof
and shall be subject to the following restrictions:
a. No buildings, structures, trees or any temporary structure, material storage, fisture, or
other object that will prohibit normal access to water facilities for maintenance purposes
will be permitted within the easement area,.
b. Should it be necessary that the petitioner's works or unprovements be removed or
dunaged as a result of Water Utility aperations, all removal, replacement or
modification costs to restore the pefitioner's works shall be bome solely by the
pe�itioner.
c.
a
No change from the existing grade will be permitted without written pernussion from
the Water Utility.
No change in surfacing within the easement area will be pernutted without written
permission from the Water Utiliry.
e. The petitioner, its successors and assigns shall fully indemnify, defend and save
harmless the Board of Water Commissioners, its officers, agents, employees, and
servants from all suits, action or claims which shall arise from any injuries or damages
received or sustained by any break in any service pipe, water main, 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 utiliry easement shall be retained within the vacated area to to protect the
interest of Northern States Power Company.
That a permanent utiliry easement shall be retained within the vacated area to protect the
interest of U.S. West Communication, Inc.
1 6 That the etitioner's the' suc essors d i t' d d f d d � 1 ��� �
p �r c , an ass gns agree o m emmfy, e en an save
2 harmless the City of Saint Paul, its officers, and employees from all suits, actions, or claims of
3 any character brought as a result of injuries or damages received or sustained by any person,
A persons, or property on account of this vacation or petitioner's use of this property, including
5 but not limited to a claim brought because of any act of omission, neglect, or misconduct of
6 said petitioner or because of any claims or liabiliry arising from any violarion of any law or
7 regulation made in accordance with the law, whether by the getitioner or any of their agents or
E3
10
11 7
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
employees
That the petitioner's their successors, and assigns, shall within 60 days of ffie 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.
Adopted by Council:
Approved by Mayor:
------------------------------------------
------------------------------------------
Requested by Department of:
Pinance & Management Services
By�-�! V �� D��i/.I�v�
Director
Form Approved by City Attorney
B ;�.��1 �- l9 -5 �
Return copy to:
�Real Estate Division
14�ity Hall
Presented By
Referred To
Committee: Date
---------------------------------------
-------------------------------------
1 BE TT RESOLVED, that, upon the petition of C& E Partnerslup, as documented in Finance
2 Departmetn File Number 8-97, public properties hereinafter described are hereby vacated and
3 discontinued as public property: and, subject to the herein stated exceptions, the easements within
4 those public propertries are hereby released.
6 The property to be vacated is described as follows:
7
8 North Albert Street lying between Pierce Butler Route and the Great Northern Railroad right-
9 of-way.
10
11 This vacation shall be subject to the terms and condition of Chapter 130, cod'afied March 1, 1981, of
12 the Saint Paul L,egislafive Code as amended, and to the following conditions:
13
14 1
15
16
17
18 2
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
That the petitioner's, their successors and assigns shall pay $500.00 as an admniistrative fee
for this vacation which is due and payable within 60 days of the effective date of this
resolution.
That a permanent utiliry easement shall be retained on, over, under and across the vacated area
on behalf of the City 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, reconstruction, inspecting, maintaining or repairing the same or any part thereof
and shall be subject to the following conditions:
a. No buildings, structures, trees or any temporary structure, material storage, f�ture, or
any other objects that will prohibit normal access to utility facilities for maintenance
purposes will be permitted within the easement area.
b. Improvements in or upon the above described easement that do not prohibit the City
from exercising its reserved rights may be allowed by obtaining written permission
from the Department of Public Works 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 existing grade within the easement area will be permitCed without
written permission from the Deparhnent of Public Works.
Councii File # ��� �q
Green Sheet # � S 3�
RESOLUTION
CITY OF SAlNT PAUL, MINNESOTA
� �
2
0
6
7
8
9
10
11 3.
12
13
14
15
16
17
18
19
20
21
22
23
2A
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40 4.
41
42
43 5.
44
45
46
47
48
49
50
d. No change in surfacing within the easement area will be permitted without written L �
permission from the Department of Public VJorks. �' Q t
e. The peutioner, its successors and assigns shall indemnify, defend, and save bannless
the City of Saint Paul, its officers, agents, employees, and servants from all suits,
actions, or claims which shall arise from any injuries or damages received or sustained
by any break in any service pipe or connecfion 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 on, over, under and across the vacated area
on behalf of the Saint Paul, Board of Water Commissioners to reserve the right of the Water
Utility to maintain and opezate any water main 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, reconstruction, inspecting, maintaining or zepairing the sazne or any part thereof
and shall be subject to the following restrictions:
a. No buildings, structures, trees or any temporary structure, material storage, fisture, or
other object that will prohibit normal access to water facilities for maintenance purposes
will be permitted within the easement area,.
b. Should it be necessary that the petitioner's works or unprovements be removed or
dunaged as a result of Water Utility aperations, all removal, replacement or
modification costs to restore the pefitioner's works shall be bome solely by the
pe�itioner.
c.
a
No change from the existing grade will be permitted without written pernussion from
the Water Utility.
No change in surfacing within the easement area will be pernutted without written
permission from the Water Utiliry.
e. The petitioner, its successors and assigns shall fully indemnify, defend and save
harmless the Board of Water Commissioners, its officers, agents, employees, and
servants from all suits, action or claims which shall arise from any injuries or damages
received or sustained by any break in any service pipe, water main, 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 utiliry easement shall be retained within the vacated area to to protect the
interest of Northern States Power Company.
That a permanent utiliry easement shall be retained within the vacated area to protect the
interest of U.S. West Communication, Inc.
1 6 That the etitioner's the' suc essors d i t' d d f d d � 1 ��� �
p �r c , an ass gns agree o m emmfy, e en an save
2 harmless the City of Saint Paul, its officers, and employees from all suits, actions, or claims of
3 any character brought as a result of injuries or damages received or sustained by any person,
A persons, or property on account of this vacation or petitioner's use of this property, including
5 but not limited to a claim brought because of any act of omission, neglect, or misconduct of
6 said petitioner or because of any claims or liabiliry arising from any violarion of any law or
7 regulation made in accordance with the law, whether by the getitioner or any of their agents or
E3
10
11 7
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
employees
That the petitioner's their successors, and assigns, shall within 60 days of ffie 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.
Adopted by Council:
Approved by Mayor:
------------------------------------------
------------------------------------------
Requested by Department of:
Pinance & Management Services
By�-�! V �� D��i/.I�v�
Director
Form Approved by City Attorney
B ;�.��1 �- l9 -5 �