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98-1112Return copy to: Real Estate Division 140 City Hall ORIGINAL RESOLUTION OF SAINT PAUL, MINNESOTA Presen[ed By Referred To �� Cummittee: WHEREAS, the Council of the City of Saint Paul, did by Council Resolurion C.F. # 98-37, dated January 14, 1998, vacate and discontinue as public property a portion of Idaho Avenue, and WHEI2EAS, the Department of Public Works has requested a clarification of the legal description of said properiy in order to facilitate the recording of said property with Ramsey County, NOW THEREFORE BE IT RESOLVED, that C.F. # 98-37 is hereby amended to include the following as the correct legal description of the vacated area: io i i That portion of Idaho Avenue lying between Lot 15, Block 3 of Rice Street Villas and a line �z 60.00 feet aortherly of and parallel with the foliowing described line: 13 ia Commencing at the intersection of center line Wheelock Parkway, as described by a ts resolution adopted January 6, 1908, and the east line of Section 24, Township 29 ie North, Range 23 West; thence westerly at an angle of 90 degrees 18 minutes 00 n seconds from north to west from said east line of Section 24, along said center line a is distance of 490.9 feet to the point of beginning; thence on a tangenfial 8 degree curve i9 to the left, central angle 28 degrees 47 minutes OOseconds, a distance of 359.8 feet zo and there terminating. zi 2z AND BE IT FURTHER RESOLVED, that a11 terms and conditions set forth in C.F. #98-37 shall zs remain ]n full force and effect. Council File # �g `� ��a- Green Sheet # � J� u b Y'1 � � T.M.S./REAL ESTATE DIVISION Date: October 14,1998 Green Sheet Number: 63040 ontact Person and Phone Number. Z EPARTMENT DII2ELTOIt 4 CIT'Y COiJNCII. O._ \ 0 Tom Sawyer 266-8850 �� 1 `'T`o"c.eY �`'Ex�c 17DGETDIItECTOR FFICEOFFINANCWI.SVCS nst be on Councii Agenda by: 3 YOR (OR ASSISf OTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATiONS FOR SIGNA > CI10N REQiJF,$TED: Approve resolution amending Council Resolution C.F. # 98-37. C�MMENDATIONS: APPROVE (A) ORREiECC (R) gg$ONAL SERVICE CONTRACTS MUST ANSWER TiIE FOLLOWING: 1. Has the personlfirm ever worked under a contract for ihis department? YES NO PIANNING COMMiSSION A STAFF . FTas ihis persoolfirm ever been a City employee? YES NQ CIVII. SERVICE COhAIISS[ON . Does thi5'person/Lrm possess a skill uot oormally possessed by any YES NO current City employee? cm commn•rres Explain alI YES answers on a separa[e sheet and aitach. UPPORTS WffiCA COUNCII, OSJECTIVE? COUNCIL WARD(S) 5 DISTRICT PLANNING COUNCIL ( ITIP.TING PROBLEM, ISSUE, OPPORTLINYCY (4Vho, What, Wheu, W here, W hy?): Public Works has requested a revised legal descripfion of the vacated property. The original description was too vague to be recorded with the County Recorder. DVAN1'AGES IF APPROVED: The vacation will be able to be filed. ISADVANTAGESIFAPPROVED: r�,> �u ��."d3� ��:�- None `'� � ` at 5 � -� ��- LSADVANTAGES IF NOT APPROVED: V There will be problems recording the vacafion with the Ci�n4y.'= u=v �= `'� '� '_`-� �^ "T �� OTAL AMOUNT OF TRANSACTION: $ O.00 COST/AEVENIJE BUDGETED (CII2CLE ONE) YES NO ING SOURCE; ACTNITY NUMBER: INANCIAL IlVFORMATION: (EXPLAIN) °.�'o{�°ti.�`c'i �:.,-:.£'`aie,y; ie.::`,'.�'id v t3�� tl� G @.��t4 � _ _ - , , , . , ,� Return copy to: Real Estate Division � 14 C� Hail ----__ ��`�� ` � !,i 9 "v i 1 Presented $� Referred To Green Sheet # 3 95 �-f � : Committee: Date ------------------------------------------------------------------------- ------------------------------------------------------------------------- � 1 2 3 4 5 b 7 8 9 10 11 12 13 14 15 16 i7 18 19 20 21 22 23 24 25 26 27 28 29 3U 31 32 33 34 35 SE IT RESOLVED, thai, upon the petition of Paul K Olson, as documented in Finance Department File Number 17-1997, 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 properry to be vacated is described as follows: That portion of Idaho Avenue lying between Lot 15 Block 3 Rice street Villas and the north R.O.W. line of Wheelock Parkway. 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 peutioner's, 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 a permanent utility 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 regairing 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, fixture, or any other objects that will prohibat normal access to utility facilities for maintenance purposes will be permitted within the easement area. b. Improvements in or upon the ahove described easement that do not prohibit the Ciry from exercisin� its reserved rlgh[s may be allowed by obtaining written permission from the Departmen� of Public Works Sewer Division with the understanding that the restoration and costs of such improvemencs shall be the sole responsibility of the petitioner, its successors and assigns in the event the City exercises its reserved easement rights. REGElVE1� FEB D 3 f93� q�-��a- Council File # �_3 � REAL ESTATE DtVlSf47 RESOLUTION CITY OF SAiNT PAUL, MiNNESOTA � 2 3 4 5 6 7 8 9 10 11 12 13 14 1S 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 43 44 45 46 47 48 49 50 �8�- �� c. No change from the existing grade within the easement area will be permitted without�� written permission from the Department of Public Works. d. No change in surfacing within the easement area will be permitted without written permission from the Departrnent of Public Works. e. The petitioner, its successors and assigns sha11 indemnify, defend, and save harmless the Ciry of Saint Paul, its officers, agents, employees, and servants from all suits, actions, or clauns which shali arise from any in,}uries or damages received or sustained by any break an any service pipe or connection in said reserved easement arisang out of or resuiting 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 on behalf of the City of Saint Paul, Board of Water Commissioners subject to the following restzictions: 3 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or other objec"t that will prohibit normal access to water facilities for maintenance purposes will be permitted within the easement area,. L7 �� No change from the existing grade will be permitted without written permission from the Water Utility. No change in surfacing within the easement area wili be permitted without written permission from the Water Utility. d. The petitioner, ats successors and assigns shall fully indemnify, defend and save harn�less 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. 4. That the petitioner's their successors, and assigns agree to indemnify, defend and save harmless the City of 3aint Paul, its officers, and employees from all suits, actions, or claims of any character 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 1aw or regulation made in accordance with the law, whether by the petitioner or any of their agents or employees f �5. ;2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 �.Y-1�� -- �� That the petitioner's their successors, and assigns, shall within 60 days of the effective date of q� this resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution and shall withan the period(s) specified in the terms and conditions of this resolution, comply in all respecu with these terms and conditions. - t-, � .-, , , Requested by Department of: Technolo�v & ManaQement Services '� ------ C�C-7�� B _�.e.,,,��-t-., C�7 h'iu .c� �zlsls� £ � � �- �� C.�� Director �.-�-..,.��—� Form Appr d by City Attorney Adopted by Council: Date�� I� �y: �G��^'�� /Z �� 1"f Adopti Certified by Coun � Secretary BY� - •— 1 :-�_ Approv � r�a or for S bmission to Council Approved by b r: Date Gl B $y: Return copy to: Real Estate Division 140 City Hall ORIGINAL RESOLUTION OF SAINT PAUL, MINNESOTA Presen[ed By Referred To �� Cummittee: WHEREAS, the Council of the City of Saint Paul, did by Council Resolurion C.F. # 98-37, dated January 14, 1998, vacate and discontinue as public property a portion of Idaho Avenue, and WHEI2EAS, the Department of Public Works has requested a clarification of the legal description of said properiy in order to facilitate the recording of said property with Ramsey County, NOW THEREFORE BE IT RESOLVED, that C.F. # 98-37 is hereby amended to include the following as the correct legal description of the vacated area: io i i That portion of Idaho Avenue lying between Lot 15, Block 3 of Rice Street Villas and a line �z 60.00 feet aortherly of and parallel with the foliowing described line: 13 ia Commencing at the intersection of center line Wheelock Parkway, as described by a ts resolution adopted January 6, 1908, and the east line of Section 24, Township 29 ie North, Range 23 West; thence westerly at an angle of 90 degrees 18 minutes 00 n seconds from north to west from said east line of Section 24, along said center line a is distance of 490.9 feet to the point of beginning; thence on a tangenfial 8 degree curve i9 to the left, central angle 28 degrees 47 minutes OOseconds, a distance of 359.8 feet zo and there terminating. zi 2z AND BE IT FURTHER RESOLVED, that a11 terms and conditions set forth in C.F. #98-37 shall zs remain ]n full force and effect. Council File # �g `� ��a- Green Sheet # � J� u b Y'1 � � T.M.S./REAL ESTATE DIVISION Date: October 14,1998 Green Sheet Number: 63040 ontact Person and Phone Number. Z EPARTMENT DII2ELTOIt 4 CIT'Y COiJNCII. O._ \ 0 Tom Sawyer 266-8850 �� 1 `'T`o"c.eY �`'Ex�c 17DGETDIItECTOR FFICEOFFINANCWI.SVCS nst be on Councii Agenda by: 3 YOR (OR ASSISf OTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATiONS FOR SIGNA > CI10N REQiJF,$TED: Approve resolution amending Council Resolution C.F. # 98-37. C�MMENDATIONS: APPROVE (A) ORREiECC (R) gg$ONAL SERVICE CONTRACTS MUST ANSWER TiIE FOLLOWING: 1. Has the personlfirm ever worked under a contract for ihis department? YES NO PIANNING COMMiSSION A STAFF . FTas ihis persoolfirm ever been a City employee? YES NQ CIVII. SERVICE COhAIISS[ON . Does thi5'person/Lrm possess a skill uot oormally possessed by any YES NO current City employee? cm commn•rres Explain alI YES answers on a separa[e sheet and aitach. UPPORTS WffiCA COUNCII, OSJECTIVE? COUNCIL WARD(S) 5 DISTRICT PLANNING COUNCIL ( ITIP.TING PROBLEM, ISSUE, OPPORTLINYCY (4Vho, What, Wheu, W here, W hy?): Public Works has requested a revised legal descripfion of the vacated property. The original description was too vague to be recorded with the County Recorder. DVAN1'AGES IF APPROVED: The vacation will be able to be filed. ISADVANTAGESIFAPPROVED: r�,> �u ��."d3� ��:�- None `'� � ` at 5 � -� ��- LSADVANTAGES IF NOT APPROVED: V There will be problems recording the vacafion with the Ci�n4y.'= u=v �= `'� '� '_`-� �^ "T �� OTAL AMOUNT OF TRANSACTION: $ O.00 COST/AEVENIJE BUDGETED (CII2CLE ONE) YES NO ING SOURCE; ACTNITY NUMBER: INANCIAL IlVFORMATION: (EXPLAIN) °.�'o{�°ti.�`c'i �:.,-:.£'`aie,y; ie.::`,'.�'id v t3�� tl� G @.��t4 � _ _ - , , , . , ,� Return copy to: Real Estate Division � 14 C� Hail ----__ ��`�� ` � !,i 9 "v i 1 Presented $� Referred To Green Sheet # 3 95 �-f � : Committee: Date ------------------------------------------------------------------------- ------------------------------------------------------------------------- � 1 2 3 4 5 b 7 8 9 10 11 12 13 14 15 16 i7 18 19 20 21 22 23 24 25 26 27 28 29 3U 31 32 33 34 35 SE IT RESOLVED, thai, upon the petition of Paul K Olson, as documented in Finance Department File Number 17-1997, 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 properry to be vacated is described as follows: That portion of Idaho Avenue lying between Lot 15 Block 3 Rice street Villas and the north R.O.W. line of Wheelock Parkway. 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 peutioner's, 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 a permanent utility 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 regairing 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, fixture, or any other objects that will prohibat normal access to utility facilities for maintenance purposes will be permitted within the easement area. b. Improvements in or upon the ahove described easement that do not prohibit the Ciry from exercisin� its reserved rlgh[s may be allowed by obtaining written permission from the Departmen� of Public Works Sewer Division with the understanding that the restoration and costs of such improvemencs shall be the sole responsibility of the petitioner, its successors and assigns in the event the City exercises its reserved easement rights. REGElVE1� FEB D 3 f93� q�-��a- Council File # �_3 � REAL ESTATE DtVlSf47 RESOLUTION CITY OF SAiNT PAUL, MiNNESOTA � 2 3 4 5 6 7 8 9 10 11 12 13 14 1S 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 43 44 45 46 47 48 49 50 �8�- �� c. No change from the existing grade within the easement area will be permitted without�� written permission from the Department of Public Works. d. No change in surfacing within the easement area will be permitted without written permission from the Departrnent of Public Works. e. The petitioner, its successors and assigns sha11 indemnify, defend, and save harmless the Ciry of Saint Paul, its officers, agents, employees, and servants from all suits, actions, or clauns which shali arise from any in,}uries or damages received or sustained by any break an any service pipe or connection in said reserved easement arisang out of or resuiting 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 on behalf of the City of Saint Paul, Board of Water Commissioners subject to the following restzictions: 3 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or other objec"t that will prohibit normal access to water facilities for maintenance purposes will be permitted within the easement area,. L7 �� No change from the existing grade will be permitted without written permission from the Water Utility. No change in surfacing within the easement area wili be permitted without written permission from the Water Utility. d. The petitioner, ats successors and assigns shall fully indemnify, defend and save harn�less 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. 4. That the petitioner's their successors, and assigns agree to indemnify, defend and save harmless the City of 3aint Paul, its officers, and employees from all suits, actions, or claims of any character 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 1aw or regulation made in accordance with the law, whether by the petitioner or any of their agents or employees f �5. ;2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 �.Y-1�� -- �� That the petitioner's their successors, and assigns, shall within 60 days of the effective date of q� this resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution and shall withan the period(s) specified in the terms and conditions of this resolution, comply in all respecu with these terms and conditions. - t-, � .-, , , Requested by Department of: Technolo�v & ManaQement Services '� ------ C�C-7�� B _�.e.,,,��-t-., C�7 h'iu .c� �zlsls� £ � � �- �� C.�� Director �.-�-..,.��—� Form Appr d by City Attorney Adopted by Council: Date�� I� �y: �G��^'�� /Z �� 1"f Adopti Certified by Coun � Secretary BY� - •— 1 :-�_ Approv � r�a or for S bmission to Council Approved by b r: Date Gl B $y: Return copy to: Real Estate Division 140 City Hall ORIGINAL RESOLUTION OF SAINT PAUL, MINNESOTA Presen[ed By Referred To �� Cummittee: WHEREAS, the Council of the City of Saint Paul, did by Council Resolurion C.F. # 98-37, dated January 14, 1998, vacate and discontinue as public property a portion of Idaho Avenue, and WHEI2EAS, the Department of Public Works has requested a clarification of the legal description of said properiy in order to facilitate the recording of said property with Ramsey County, NOW THEREFORE BE IT RESOLVED, that C.F. # 98-37 is hereby amended to include the following as the correct legal description of the vacated area: io i i That portion of Idaho Avenue lying between Lot 15, Block 3 of Rice Street Villas and a line �z 60.00 feet aortherly of and parallel with the foliowing described line: 13 ia Commencing at the intersection of center line Wheelock Parkway, as described by a ts resolution adopted January 6, 1908, and the east line of Section 24, Township 29 ie North, Range 23 West; thence westerly at an angle of 90 degrees 18 minutes 00 n seconds from north to west from said east line of Section 24, along said center line a is distance of 490.9 feet to the point of beginning; thence on a tangenfial 8 degree curve i9 to the left, central angle 28 degrees 47 minutes OOseconds, a distance of 359.8 feet zo and there terminating. zi 2z AND BE IT FURTHER RESOLVED, that a11 terms and conditions set forth in C.F. #98-37 shall zs remain ]n full force and effect. Council File # �g `� ��a- Green Sheet # � J� u b Y'1 � � T.M.S./REAL ESTATE DIVISION Date: October 14,1998 Green Sheet Number: 63040 ontact Person and Phone Number. Z EPARTMENT DII2ELTOIt 4 CIT'Y COiJNCII. O._ \ 0 Tom Sawyer 266-8850 �� 1 `'T`o"c.eY �`'Ex�c 17DGETDIItECTOR FFICEOFFINANCWI.SVCS nst be on Councii Agenda by: 3 YOR (OR ASSISf OTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATiONS FOR SIGNA > CI10N REQiJF,$TED: Approve resolution amending Council Resolution C.F. # 98-37. C�MMENDATIONS: APPROVE (A) ORREiECC (R) gg$ONAL SERVICE CONTRACTS MUST ANSWER TiIE FOLLOWING: 1. Has the personlfirm ever worked under a contract for ihis department? YES NO PIANNING COMMiSSION A STAFF . FTas ihis persoolfirm ever been a City employee? YES NQ CIVII. SERVICE COhAIISS[ON . Does thi5'person/Lrm possess a skill uot oormally possessed by any YES NO current City employee? cm commn•rres Explain alI YES answers on a separa[e sheet and aitach. UPPORTS WffiCA COUNCII, OSJECTIVE? COUNCIL WARD(S) 5 DISTRICT PLANNING COUNCIL ( ITIP.TING PROBLEM, ISSUE, OPPORTLINYCY (4Vho, What, Wheu, W here, W hy?): Public Works has requested a revised legal descripfion of the vacated property. The original description was too vague to be recorded with the County Recorder. DVAN1'AGES IF APPROVED: The vacation will be able to be filed. ISADVANTAGESIFAPPROVED: r�,> �u ��."d3� ��:�- None `'� � ` at 5 � -� ��- LSADVANTAGES IF NOT APPROVED: V There will be problems recording the vacafion with the Ci�n4y.'= u=v �= `'� '� '_`-� �^ "T �� OTAL AMOUNT OF TRANSACTION: $ O.00 COST/AEVENIJE BUDGETED (CII2CLE ONE) YES NO ING SOURCE; ACTNITY NUMBER: INANCIAL IlVFORMATION: (EXPLAIN) °.�'o{�°ti.�`c'i �:.,-:.£'`aie,y; ie.::`,'.�'id v t3�� tl� G @.��t4 � _ _ - , , , . , ,� Return copy to: Real Estate Division � 14 C� Hail ----__ ��`�� ` � !,i 9 "v i 1 Presented $� Referred To Green Sheet # 3 95 �-f � : Committee: Date ------------------------------------------------------------------------- ------------------------------------------------------------------------- � 1 2 3 4 5 b 7 8 9 10 11 12 13 14 15 16 i7 18 19 20 21 22 23 24 25 26 27 28 29 3U 31 32 33 34 35 SE IT RESOLVED, thai, upon the petition of Paul K Olson, as documented in Finance Department File Number 17-1997, 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 properry to be vacated is described as follows: That portion of Idaho Avenue lying between Lot 15 Block 3 Rice street Villas and the north R.O.W. line of Wheelock Parkway. 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 peutioner's, 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 a permanent utility 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 regairing 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, fixture, or any other objects that will prohibat normal access to utility facilities for maintenance purposes will be permitted within the easement area. b. Improvements in or upon the ahove described easement that do not prohibit the Ciry from exercisin� its reserved rlgh[s may be allowed by obtaining written permission from the Departmen� of Public Works Sewer Division with the understanding that the restoration and costs of such improvemencs shall be the sole responsibility of the petitioner, its successors and assigns in the event the City exercises its reserved easement rights. REGElVE1� FEB D 3 f93� q�-��a- Council File # �_3 � REAL ESTATE DtVlSf47 RESOLUTION CITY OF SAiNT PAUL, MiNNESOTA � 2 3 4 5 6 7 8 9 10 11 12 13 14 1S 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 43 44 45 46 47 48 49 50 �8�- �� c. No change from the existing grade within the easement area will be permitted without�� written permission from the Department of Public Works. d. No change in surfacing within the easement area will be permitted without written permission from the Departrnent of Public Works. e. The petitioner, its successors and assigns sha11 indemnify, defend, and save harmless the Ciry of Saint Paul, its officers, agents, employees, and servants from all suits, actions, or clauns which shali arise from any in,}uries or damages received or sustained by any break an any service pipe or connection in said reserved easement arisang out of or resuiting 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 on behalf of the City of Saint Paul, Board of Water Commissioners subject to the following restzictions: 3 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or other objec"t that will prohibit normal access to water facilities for maintenance purposes will be permitted within the easement area,. L7 �� No change from the existing grade will be permitted without written permission from the Water Utility. No change in surfacing within the easement area wili be permitted without written permission from the Water Utility. d. The petitioner, ats successors and assigns shall fully indemnify, defend and save harn�less 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. 4. That the petitioner's their successors, and assigns agree to indemnify, defend and save harmless the City of 3aint Paul, its officers, and employees from all suits, actions, or claims of any character 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 1aw or regulation made in accordance with the law, whether by the petitioner or any of their agents or employees f �5. ;2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 �.Y-1�� -- �� That the petitioner's their successors, and assigns, shall within 60 days of the effective date of q� this resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution and shall withan the period(s) specified in the terms and conditions of this resolution, comply in all respecu with these terms and conditions. - t-, � .-, , , Requested by Department of: Technolo�v & ManaQement Services '� ------ C�C-7�� B _�.e.,,,��-t-., C�7 h'iu .c� �zlsls� £ � � �- �� C.�� Director �.-�-..,.��—� Form Appr d by City Attorney Adopted by Council: Date�� I� �y: �G��^'�� /Z �� 1"f Adopti Certified by Coun � Secretary BY� - •— 1 :-�_ Approv � r�a or for S bmission to Council Approved by b r: Date Gl B $y: