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File #: RES PH 13-37    Version: 1
Type: Resolution-Public Hearing Status: Passed
In control: City Council
Final action: 2/6/2013
Title: Approving the petition of the St. Paul Public Housing Agency to vacate various platted, unopened streets and alleys within the Dunedin Terrace housing development.
Sponsors: Dave Thune
Attachments: 1. EXHIBIT A - Legal Description of Vacation Areas.pdf, 2. EXHIBIT B - Depiction of Vacation Areas.pdf
Title

Approving the petition of the St. Paul Public Housing Agency to vacate various platted, unopened streets and alleys within the Dunedin Terrace housing development.

Body

BE IT RESOLVED, that upon the petition of the St. Paul Public Housing Agency ("Petitioner"), as documented in Office of Financial Services Vacation File Number 08-2012, the public property described in Exhibit A and depicted in Exhibit B attached hereto is hereby vacated and discontinued as public property, and the utility easements within said public property are hereby released, subject to the following conditions:

 1.    A permanent utility easement shall be retained on behalf of the Board of Water Commissioners of the City of Saint Paul on, over under and across the vacation areas labeled on Exhibits A and B as: 1, 2, 3, 4, 5 and 7 to reserve the right of the Board to maintain and operate any water facility in or upon said easement areas and to enter upon said easement areas, 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 utility 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 areas.

      b.    Improvements in or upon the above described easement areas 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, its successors and assigns in the event the Board exercises its reserved easement rights.

      c.    Should it be necessary that the Petitioner's works or improve...

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