Title
Approving the vacation of Rose Avenue and Alley, and the dedication of the easement for Right of Way purposes.
Body
BE IT RESOLVED, that upon the petition of the City of Saint Paul (“Petitioner”), as documented in Office of Financial Services Vacation File Number 09-2013, 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 utility easement shall be retained on, over, under and across the proposed Rose Avenue vacation area on behalf of the Board of Water Commissioners (Board) of the City of Saint Paul 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 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 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 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 chang...
Click here for full text