Title
Approving the petition of Twin City Concrete Products Company to vacate that part of Beech Street and alley between Hazelwood Street and Birmingham Street.
Body
BE IT RESOLVED, in accordance with Chapter 130 of the Saint Paul Legislative Code, that upon the petition of Twin City Concrete Products Company ("Petitioner"), as documented in Office of Financial Services Vacation File Number 7-2015, the public property described as:
The 20 foot wide alleys, platted and dedicated in Block 1 of BOCK'S DIVISION and in Block 1 of BROUGHER'S SUBDIVISION "A", Ramsey County, Minnesota,
And
That part of Barclay Street as platted and ddicated in BROUGHER'S SUBDIVISION "A" and that part of Barclay Street (originally platted as Moore Street) as platted and dedicated in BOCK'S DIVISION, Ramsey County, Minnesota, which lies between the westerly extension of the north and south lines of the alley in Block 1 of said BOCK'S DIVISION to the north and south lines of the alley in Block 1 of said BROUGHER'S SUBDIVISION "A", and that part of said Barclay Street which lies within the extensions of the north and south lines of Beech Street, crossing said Barclay Street, as platted and dedicated in said BROUGHER'S SUBDIVISION "A" and in said BOCK's DIVISION,
And
Beech Street, as platted and dedicated in BOCK'S DIVISION and in BROUGHER'S SUBDIVISION "A", Ramsey County, Minnesota, running between the west line of Hazelwood Street (originally platted as Bock Street) and the east line of Birmingham Street,
is hereby vacated and discontinued as public property and, subject to the following conditions, all of the easements within said public property are hereby released in accordance with Section 130.05(3):
1. An easement shall be retained over, under and across part of the the proposed vacation area on behalf of Northern States Power Company d/b/a Xcel Energy - Electric Division for existing facilities. If relocation of the facilities is required by the Petitioner for or arising from the alley vacation, the Petitioner, its successors or assigns, shall assume all costs of relocation of said facilities. The area to be retained is for that part of the alley between Lots 7 thru 10 and Lots 11 thru 14 Block 1 Brougher's Subdivision "A"
2. The Petitioner, its successors and assigns shall pay $2,000.00 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.
3. The Petitioner, its 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.
4. The Petitioner, its 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 its agents or employees.