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Approving the petition of Joseph Commers and Robert Stolpestad, on behalf of Midway 280 Business Commons LLC and Exeter Territorial LLC, to vacate an alley between 2505 University Avenue West and 2424 Territorial Road. (Public hearing continued from December 20, 2023.)
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WHEREAS, Chapter 130 of the Saint Paul Legislative Code gives the City Council the exclusive power to vacate public alleys within the City; and
WHEREAS, Joseph Commers and Robert Stolpestad, on behalf of Midway 280 Business Commons LLC and Exeter Territorial LLC, have petitioned to vacate a public alley; now, therefore, be it
RESOLVED, in accordance with Chapter 130 of the Saint Paul Legislative Code, that upon the petition of Joseph Commers and Robert Stolpestad, on behalf of Midway 280 Business Commons LLC and Exeter Territorial LLC, ("Petitioner"), as documented in Office of Financial Services’ Vacation File Number 13-2023, 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 alley on behalf of Comcast (dba Xfinity) for its existing facilities. If relocation of any existing facilities is required by the 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 alley on behalf of CenturyLink (dba Lumen) for its existing facilities. If relocation of any existing facilities is required by the 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 alley on behalf of Xcel Energy for its existing facilities. If relocation of any existing facilities is required by the Petitioner for or arising from this vacation, the Petitioner, its successors and assigns, shall assume all costs of relocation of said facilities.
4. An easement shall be retained over, under and across the vacated alley on behalf of Verizon for its existing facilities. If relocation of any existing facilities is required by the Petitioner for or arising from this vacation, the Petitioner, its successors and assigns, shall assume all costs of relocation of said facilities.
5. The Petitioner shall grant an easement to the City of Saint Paul over the area to be vacated for emergency vehicular ingress/egress purposes, to the satisfaction of the Saint Paul Fire Department.
6. An access easement agreement shall be executed between petitioning parties, Midway 280 Business Commons LLC and Exeter Territorial LLC, to the satisfaction of said petitioning parties.
7. The 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. The 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. The 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 the 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.