91-1825 �J' • �'��
��R��i.r c�y to: � � [� L
" Real Estate Division < < � IV; Council File # ����J
218 City Hall ���'
(RM) (7-1991) Green Sheet ,� �(e�d'3
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
� � ���� � ���`9
resented By �' �=r � �
Referred To �,� �j� :� ! 1 ,�,� ��t Committee: Date l �
RESOLVED , that upon the petition of Wheelock Ridge Villas
Company, et al, per Finance Department File No. 7-1991 , that part
of the alley in block 3 , Dawson' s 5th Addition to the City of
Saint Paul, Ramsey County, Minnesota and bounded by East Idaho,
Westminster , East Hoyt , and Edgemont Street , her.einafter
described, is hereby vacated and discontinued as public property.
The vacated property is described as follows :
PARCEL 1
All that part of the alley in Block 3 , Dawson' s
5th Addition to the City of Saint Paul lying north of a
line located 20 feet south of the westerly extended north
line of lot 6 , said Block 3 , also;
PARCEL 2
All that part of an alley easement over that part
of the west 20 feet of the north 20 feet of lot 6 ,
said Block 3 , and that part of the east 20 feet of
the north 20 feet of lot 25, said Block 3 .
This vacation shall be subject to the following conditions :
1. That this vacation shall be subject to all the
terms and conditions of Chapter 130 , codified
March 1, 1981 of the St. Paul Legislative Code ,
as amended .
2. That the petitioners , their successors , and
assigns shall pay $5 ,775 as compensation for
this vacation which is due and payable within 60
days of the publication date of this resolution.
3 . That a permanent sewer easement be retained on
behalf of the City of Saint Paul, Department of
Public Works , on , over , under , and across the
vacated area which lies south of the westerly .
extended north line of lot 6 , said Block 3 , and
shall be subject to the following conditions:
a. No buildings , structures , or trees are
permitted within easement area nor any
temporary structure , material storage,
fixture, or other objects that will
. pr.ohibit normal access to sewer
facilities for maintenance purposes .
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b. No change from the existing grade is
permitted without written permission
from the Director of the Department of
Public Works .
c. No change in surfacing within the
easement area is permitted without
written permission from the Director of
the Department of Public Works .
d . That the petitioner , its successors ,
and assigns shall indemnify, defend ,
and save harmless 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
pi�e or connection in said reser.ved
easement arising out of or resulting
from any action or negligence of the
petitioner , its employees , agents , or
business invitees .
4 . That the Council of the City of Saint Paul hereby
authorizes the proper City officials to convey by
�uit Claim Deed to the petitioners , their
successors , and assigns , all that part of parcel
no . 2 as described above subject to the conditions
of this resolution.
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5. That the petitioner , its successors , and assigns ,
by acceptance of the terms and conditions of this
vacation 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 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 its agents or
employees.
6 . That the petitioner , its successors , and assigns
shall, within 60 days of the publication date of
this resolution , file with the City Clerk an
acceptance in writing of the condition 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.
eas a s Absent Requested by Department of:
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oswi z
�n F an Mana ement S rv'ces
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z son BY� D rector
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Adopted by Council: Date �gg� Form Approved by City Attorney
Adoption Ce fie by Counci ec etary By: ��G�/yl-�i�
BY' Approved by Mayor for Submission to
Approved by M or Date 0�T 9 Council
� ,� By: �����L�//
By: ,l�i���f/i
1�AtiSRED OCT �9'91
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