Title
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.
Body
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 ...
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