Title
Approving the petition of HDR, Incorporated, on behalf of the BNSF Railway Company, to vacate right-of-way in the area of Brunson Street, Kenny Road, Desoto Street, and Woodward Avenue.
Body
BE IT RESOLVED, in accordance with Chapter 130 of the Saint Paul Legislative Code, that upon the petition of HDR, Incorporated, on behalf of the BNSF Railway Company ("Petitioner"), as documented in Office of Financial Services’ Vacation File Number 14-2017, the public property described and depicted in Exhibit “A” is hereby vacated and discontinued as public property and, subject to the following conditions, all of the utility easements within said public property are hereby released in accordance with Section 130.05(3):
1. An easement shall be retained on behalf of Saint Paul Public Works for all public sewer pipes existing within the vacated right-of-way, specifically, the active storm water main segment located in the intersection of vacated Woodward and vacated Desoto; also, the abandoned sanitary main on the northerly portion of vacated Desoto. If relocation of any existing facilities is required by the Petitioner for or arising from the vacation, the Petitioner, its successors or assigns, shall assume all costs of relocation of said facilities.
Said sewer easement shall also 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, its successors and assigns.
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