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Approving the petition of James Johnsen to vacate parts of Clarence Street and Point Douglas Road and dedicate right-of-way for the realignment of roadways, for safety purposes and to facilitate the construction of a parking lot for Obb's Sports Bar & Grill.
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BE IT RESOLVED, that upon the petition of the James Johnsen, ("Petitioner"), as documented in Office of Financial Services Vacation File Number 07-2012, 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:
1. A permanent easement shall be retained on, over, under and across those parts of Clarence Street and Point Douglas Road proposed to be vacated, as described in Exhibit A, on behalf of the City of Saint Paul, Department of Public Works (the "City") 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, inspection, maintenance or repair of the same, or any part thereof. Said easement shall be subject to the following requirements:
a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any other objects which may prohibit normal access to utility facilities for maintenance purposes will be permitted within the easement area.
b. Improvements in or upon the above described easement that do not prohibit the City from exercising its reserved rights may be allowed by obtaining written permission from the Department of Public Works Sewer Division with the understanding that the restoration and costs of such improvements shall be the sole responsibility of the Petitioner, his successors and assigns in the event the City exercises its reserved easement rights.
c. Should it be necessary that the Petitioner's works or improvements be removed or damaged as a result of the Department of Public Works operations, all removal, replacement or modification costs shall be borne solely by the Petitioner.
d. No change from the existing grade within the easement area shall be permitted without written permission from the Department of Public Works Sewer Division.
e. No change in surfacing within the easement area shall be permitted without written permission from the Department of Public Works Sewer Division.
f. The Petitioner, his successors and assigns shall fully 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 pipe or connection in said reserved easement arising out of or resulting from any action or negligence of the Petitioner, his employees, agents or business invitees.
2. A permanent easement shall be retained on, over, under and across those parts of Clarence Street and Point Douglas Road proposed to be vacated, as described in Exhibit A, on behalf of the Board of Water Commissioners of the City of Saint Paul (the "Board") to reserve the right of the Board to maintain and operate any water facility 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, inspection, maintenance or repair of the same, or any part thereof. Said easement shall be subject to the following requirements:
a. No buildings, structures, trees or any temporary structure, material storage, fixture or any other objects which may prohibit normal access to water facilities for maintenance purposes will be permitted within the easement area.
b. Improvements in or upon the above described easement that do not prohibit the Board from exercising its reserved rights may be allowed by obtaining written permission from Saint Paul Regional Water Services with the understanding that the restoration and costs of such improvements shall be the sole responsibility of the Petitioner, his successors and assigns in the event the Board exercises its reserved easement rights.
c. Should it be necessary that the Petitioner's works or improvements be removed or damaged as a result of Saint Paul Regional Water Services operations, all removal, replacement or modification costs shall be borne solely by the Petitioner.
d. No change from the existing grade within the easement area shall be permitted without written permission from Saint Paul Regional Water Services.
e. No change in surfacing within the easement area shall be permitted without written permission from Saint Paul Regional Water Services.
f. The Petitioner, his successors and assigns shall fully indemnify, defend, and save harmless the Board of Water Commissioners of 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 pipe, water main, or connection in said reserved easement, arising out of or resulting from any action or negligence of the Petitioner, his employees, agents or business invitees.
3. An easement shall be retained over, under and across those parts of Clarence Street and Point Douglas Road proposed to be vacated, as described in Exhibit A, on behalf of Northern States Power Company, d/b/a Xcel Energy (Electric). If relocation of the facilities is required by the Petitioner for or arising from the street vacation, the Petitioner, his successors or assigns, shall assume all costs of relocation and shall provide new easements for said relocated facilities.
4. An easement shall be retained over, under and across that part of Clarence Street proposed to be vacated, as described in Exhibit A, on behalf of Northern States Power Company, d/b/a Xcel Energy (Gas). If relocation of the facilities is required by the Petitioner for or arising from the street vacation, the Petitioner, his successors or assigns, shall assume all costs of relocation and shall provide new easements for said relocated facilities.
5. An easement shall be retained on behalf of CenturyLink for existing facilities over, under and across that part of Point Douglas Road proposed to be vacated, as described in Exhibit A. If relocation of the facilities is required by the Petitioner for or arising from the street vacation, the Petitioner, his successors or assigns, shall assume all costs of relocation of said facilities into the dedicated easement area described below.
6. An easement shall be retained on behalf of Comcast for existing facilities over, under and across those parts of Lot 8, Clarence Street and Point Douglas Road proposed to be vacated, as described in Exhibit A. If relocation of the facilities is required by the Petitioner for or arising from the street vacation, the Petitioner, his successors or assigns, shall assume all costs of relocation of said facilities into the dedicated easement area described below.
7. Petitioner shall dedicate to the City a permanent easement for right-of-way purposes, as described and depicted in Exhibit B attached hereto, subject to the requirements and satisfaction of the City's Department of Public Works under a permit issued by the Department of Public Works Street Engineering.
8. This vacation shall be subject to the terms and conditions of Chapter 130, codified March 1, 1981, of the Saint Paul Legislative Code as amended.
9. The Petitioner, his 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.
10. The Petitioner, his 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.
11. The Petitioner, his 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 his agents or employees.
; and be it further
RESOLVED, that the proper city officials are hereby authorized and directed to convey via quitclaim deed that part of Lot 8 proposed to be vacated, as described in Exhibit A, to the Housing and Redevelopment Authority of the City of Saint Paul for subsequent conveyance to the Petitioner.