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91-2109�I�CI����r�� , �/ • '2eturn copy to � �'� P�;i(�c�1,�(C.,���� `� � Real Estate Division ,/ �J.J c�ouncil File # ` ���� . 218 City Hall �....._..- (RM) (12-1991) - Green Sheet # R�SOLUTION CITY OF SAINT PAUL, MINNESOTA Preaented B 4��e%� !� Y Referred To Committee: Date RESOLVED, that upon the petition of Rivertown Trading Company, p�r Finance Department file no. 12-1991, that part of a utility easement lying within Lots 1 , 2 , 3 , 4 , and Outlot B, Block 1, West Gate Addition No. 4 , hereinafter described , is hereby vacated and discontinued as public property. The vacated area is described as follows: All that part of Lots l, 2 , 3 , 4 , and Outlot B, Block 1, West Gate Addition No. 4 that lies Southerly of the following described line : Commencing at the Northeast corner of said Lot 4; thence North 0 degrees 10 minutes 02 seconds East , along the East line of said Outlot B, a distance of 20 . 00 feet to the point of beginning of the line to be described; thence South 89 dearees 47 minutes 02 seconds West a distance of 148 .67 feet; thence North 56 degrees 45 minutes 56 seconds West a distance of 506 .81 feet to a point on the West line of said Lot 1 that is 5.90 feet North of the Southwest corner thereof and northerly of the following described line; Commencing at the Northeast corner of said Lot 4; thence South 0 degrees 10 minutes 02 seconds West , along the East line of said Lot 4 a distance of 10 . 00 feet to the point of beginning of the line to be described ; thence South 89 degrees 47 minutes 02 seconds West a - distance of 157 .48 feet; thence North 56 degrees 45 � minutes 56 seconds West a distance of 496 . 35 feet to _ a point on the West line of said Lot 3 that is 5 .96 feet South of the most northerly corner thereof. This vacation shall be subject to the following conditions : � l. That this vacation shall be subject to all the terms and corditions of Chapter 130 , codified March 1, 1981 of the St. Paul Legislative Code , as amended . 2 . That the petitioner , its success�rs , and assigns shall pay a $500 adr�inistrative fee for this vacation which is due and payable within 60 days of the publication date of this resolution. 3 . That a permanent easeme:it be retained within the vacated area of Lot 3 , Block 1, West Gate Addition No. 4 , to protect the interests of U. S. West . C�►���3r����. g� - �i o y / F , / V 4 . That the petitioner, Rivertown Trading Company, shall expressly grant by recordable easement to the Board of Water Commissioners of the City of Saint Paul a permanent utility easement described as follows: That part of Lot2, Block l, West Gate Addition that lies Easterly of the following described line. Commencing at the Southeast corner of said Lot 2 , thence North 0 degrees 06 minutes 47 seconds East along the Easterly line of said Lot 2 , a distance of 16.47 feet; thence North 6 degrees 39 minutes 55 seconds West, on said Easterly lot line, a distance of 463.09 feet to the point of beginning of the line to be described, thence North 0 degrees 06 minutes 47 seconds East, parallel to the most Easterly line of said Lot 2 a distance of 75.55 feet to the northerly � line of said Lot 2 and there terminating exce�,.. the • Easterly 30. 00 feet thereof. 5. That the petitioner, its successors, and assigns by acceptance of the terms and conditions of this ,,.::.>:;;.::.{.::.,..,.�:.>�::.:...... resolution hereby }r�spe:�t�:u���* agree to indemnify, defend, and save harmYess tlie City of Saint Paul, its officers, and employees, against all suits, actions or claims of any character brought as a result of injuries or damages received or sustained by any person, persons, or property on account of this vacation or ,........r.........::.::.:: y►.�/etitioners's, its successors and assi�ns' r:���e��:�:i�e:;:u:s� �+r.vv v:.. .w•r::n•:x.vx..x::r::.w:::::�v:xr:i.w..x:xx.+r::n••::v.v::nv.v:r:•::nw.w:::;�r4:f.}�.}•:.::::•+F+i'i?{^i"'F.::•x;r{{p};•;Cni;i:;�{:::::�., n:f,•. ;$fF.:.,'4.r:::i.;;�...:::.�.:::•.} •v:+:._ ::m.�::�•;:.:v.:�... ..}.{::�v•:n •. .;.�r:. : � : ::. ;:: :;•;:. ,., ..:a::::>� <::�>°`��se�o���re �a. �:���;:::�a��.��d:.:.�:x��a:>..;:�:�. �:�::�:>';;.:::��s�r:��%��:':v�i�r�:��;.. >:�:� . .::;��:.:.;�:.>�,:;..;:::ry�«g..��.:<.,.:;::.�;�...:::::::.;::ry,;�.>:.>::.>:.:::::>::�:.;<::;��<:v:::�:>:<:;:..::r:�;:::; .,.,�.nLc:S�',•:�:�>•::%:::<':.i•5::�5::��:�2?C•�:::�::;•::�::�i':.....,....�...>..... ..?�.... ,�.....f......,.,.f...v...,........�.,..1'�...:x-" .�' i... .. ...1 -. ' �ea-�e��i��e-r-���e-1�-��g �tr�-�e-�ze��-Q-��=� �i�e��ee��se-e e� e�ss���eg�ee�-e� � ?�-i�cenu���e� �_a �,.}_�._��P,-��P����_ =� � " ='----.... r— Y'j �9�'�-����?#j';__S 1��1�6 �eg�-�a-�i e�=� _-�=�a�r�e�:tt� t��;:: ::::��'.:��� �t��e�i-�re�re�-e�--a�-e� �.s�age�-t� e� _ -., �d���- -�-r--i ��f������ : � � - � � � � � � � 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 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 . � Yeas Navs Absent Requested by Department of: Z �- on Finance & Management Services 8CCd @B r e t tma �--- u e --- z son ....�- SY� Director Adopted by Council: Date MAR 3 1991 Form Approved by City Attorney Adoption Cert ed y Counci ec etary By� ��G✓W�'j►�� /— 2`''1-c1Z c__ � �. . $y' � " �'� Approved by Mayor for Submission to Approved by Hayp : Date� QR 5 1992 Council ' ' 9 By: ssf���� , BY= �LIS�ED �6!R 1� �ti. 'g� ��������. .,; ' RETURN COPY T0: � q j _� �/��� , Real E'state'Division - 218 City Hall ��Yj ,` Council File ,� �-%�i�� � (RM) (12-1991) � �J� ,' l Green Sheet # '�,�7 RESOLUTION CITY OF SAINT PAUL, MINNESOTA Preseated B �G���Ge ������� Y Referred To Committe . Date RESOLVED, that upon the petition of Rivertown Trading Company, per Finance Department file no. 12-1991 , that part of a utility easement lying within Lots l, 2 , 3 , 4 , and Outlot B, Block 1 , West Gate Addition No. 4 , hereinafter described , is her y vacated and discontinued as public proper.ty. The vacated area is described as follows : Al1 that part of Lots l, 2 , 3 , 4 , and Outlot B, Block 1, West Gate Addition No. 4 th t lies Southerly of the following described line : mmencing at the Northeast corner of said Lot 4; tY�°ence North 0 degrees 10 minutes 02 seconds Ea��t , along the East line of said Outlot B, a distan��e of 20 .00 feet to the point of beginning of the r�ine to be described; thence South 89 degr.ees 47 miriutes 02 seconds West a distance of 148 . 67 feet; therice North 56 degrees 45 minutes 56 seconds West a d;istance of 506 . 81 feet to a point on the West line o,:f said Lot 1 that is 5 .90 feet North of the Southwe��st corner. thereof and northerly of the followi�fig described line; Commencing, at the Northeast corner.�` of said Lot 4 ; thence South 0 degrees 10 minutes 02,��� seconds West , along the East line of said Lot 4 a` distance of 10 .00 feet to the point of beginnin�.�� of the line to be described ; thence South 89 de�'rees 47 minutes 02 seconds West a distance of 157 .4�` feet; thence North 56 degrees 45 minutes 56 second�s West a distance of 496 . 35 feet to a point on the i�est line of said Lot 3 that is 5 .96 feet South of t�e most northerly corner ther.eof . % This vacation Mall be subject to the following conditions : � 1. That thk's vacation shall be subject to all the terms a�id conditions of Chapter 130 , codified March � , 1981 of the St. Paul Legislative Code , as am�nded . ; 2 . That the petitioner , its successor.s , and assigns shall pay a $500 administr.ative fee for this vacation which is due and payable within 60 days of the publication date of this r.esolution. 3 . That a permanent easement be retained within the vacated area of Lot 3 , Block 1, West Gate Addition No. 4 , to protect, the interests of U. S. West . ������i�t� �_ � ;a � � 4 . That the petitioner. , Rivertown �rading Company, shall grant , by recordable deed , to the Board of Water Commissioners of the City of Saint Paul a permanent utility easement described as foll s: That part of Lot 2 , Block l, West Gate ddition P1o. 4 that lies Easterly of the follo ing described 1 i n e : ,�` �' Commencing at the Southeast corne�' of said Lot 2 , thence North 0 degrees 06 minute:s 47 seconds East , along the Easter. ly line of said �Lot 2 , a distance of 16 .47 feet; thence North 6 de�'"rees 39 minutes 55 seconds West , on said Easterl'y lot line , a distance of 463 . 09 feet to the point 'of beginning of the line to be described , thence North 0 degrees 06 minutes 47 seconds East, parallel the most Easterly line of said Lot 2 a distance of, 75 . 55 feet to the northerly line of said Lot 2 and -there terminating except the Easterly 30 .00 feet th�reof . 5. mhat the petitioner , its successors, and assigns by acceptance of the ter.ms and conditions of this resol.ution hereby ag,tee to indemnify, defend , and save harmless the City o� Saint Paul, its officers , and employees , against 'all suits , actions, or claims of any character brought as a result of injuries or damages received :or sustained by any person, persons , or. pro�er. ty 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, neg,]�ect 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 la_w whether by the petitioner or any of_ its agents or. employees. 2 / irf ^� �. \.e?!( "1\° _;y���\�+���.: � �/- a /O � 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 conditions of this resolution and shall within the period (s) specified in the terms and conditions of this resolution, comply i all respects with these terms and conditions . /` / : r / r` �' �' 1• e`` ' / I fr }'� / J as a s Absent Requested by Department of: mon osw on Financ Mana ement Services ac e ,m une -�' i son �_ By: � Adopted by Council: �Date Form Approved by City Attorney � Adoption Certified by Council Secretary gy: � G✓IJC�� lD�L3 �i/ By' Approved by Mayor for Su ission to Approved by Mayor: Date Council gy; BY: �� Z/� < Z