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Approving the petition of the Deanna Seppanen, on behalf of Macalester College, to vacate the remaining public alley rights opened, dedicated and platted in the block bounded by Grand Avenue, Macalester Street, Summit Avenue and Cambridge Street. (Public hearing closed and laid over from August 23, 2023)
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BE IT RESOLVED, in accordance with Chapter 130 of the Saint Paul Legislative Code, that upon the petition of Deanna Seppanen, on behalf of Macalester College ("Petitioner”), as documented in Office of Financial Services Vacation File Number 06-2023, the public property described and depicted in Exhibit A, attached hereto, is hereby vacated and discontinued as public property and, subject to the following conditions, the utility easements within said public property are hereby released in accordance with Section 130.05(3):
1. An easement shall be retained over, under and across the vacated area on behalf of Xcel Energy for its existing electric and gas facilities. If relocation of said existing facilities is required by Petitioner for or arising from this vacation, the Petitioner, its successors and assigns, shall assume all costs of relocation of said facilities.
2. An easement shall be retained over, under and across the vacated area on behalf of Comcast, dba Xfinity, for its existing facilities. If relocation of said existing facilities is required by Petitioner for or arising from this vacation, the Petitioner, its successors and assigns, shall assume all costs of relocation of said facilities.
3. An easement shall be retained over, under and across the vacated area on behalf of CenturyLink, dba Lumen, for its existing facilities. If the relocation of existing facilities is required by Petitioner for or arising from this vacation, the Petitioner, its successors and assigns, shall assume all costs of relocation of said facilities within the guidelines established by CenturyLink and all regulating entities.
4. An easement shall be retained over, under and across the vacated area on behalf of Verizon (MCI) for its existing facilities. If the relocation of existing facilities is required by Petitioner for or arising from this vacation, the Petitioner, its successors and assigns, shall assume all costs of relocation of said facilities within the guidelines established by CenturyLink and all regulating entities.
5. Any parcel of land which has right-of-way access eliminated because of this vacation shall be combined with another abutting parcel to eliminate the landlocked status.
6. Any future development of the area surrounding the vacated alley will need to have fire access provided on-site if it cannot be achieved from the public right-of-way on Grand Avenue.
7. Petitioner, its successors and assigns, shall pay $1,200.00 to the City of Saint Paul as an administrative fee for this vacation which is due and payable within 60 days of the effective date of this resolution.
8. Petitioner, its successors and assigns, shall, within 60 days of the effective date of this resolution, file with the Office of Financial Services/Real Estate Section an acceptance in writing of the conditions of this resolution and shall, within the period specified in the terms and conditions of this resolution, comply in all respects with these terms and conditions.
9. Petitioner, its successors and assigns, 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 its property, including but not limited to, a claim brought because of any act of omission, neglect, or misconduct of 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 Petitioner or any of its agents or employees; and be it further
RESOLVED, that the proper city officials are hereby authorized and directed to execute documents as may be necessary to complete the vacation of the above-mentioned public alley rights.