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File #: RES PH 18-357    Version: 1
Type: Resolution-Public Hearing Status: Passed
In control: City Council
Final action: 12/5/2018
Title: Approving the petition of Everest MN Properties LLC to vacate the alley in Block 1, Lorena Park Plat 2.
Sponsors: Dan Bostrom
Attachments: 1. Exhibit A, 2. Aerial View
Title

Approving the petition of Everest MN Properties LLC to vacate the alley in Block 1, Lorena Park Plat 2.

Body

BE IT RESOLVED, in accordance with Chapter 130 of the Saint Paul Legislative Code, that upon the petition of Everest MN Properties LLC ("Petitioner"), as documented in Office of Financial Services Vacation File Number 11-2018, the public property described and depicted in Exhibit “A” is hereby vacated and discontinued as public property and, subject to the following conditions, all utility easements within said public property are hereby released in accordance with Section 130.05(3):

1.   A 20' sewer easement shall be retained over, under and across the area of an existing main, which crosses the vacated alley, on behalf of the City of Saint Paul, Department of Public Works.  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 said facilities for maintenance purposes will be permitted within the easement area.

      b. Improvements in or upon the above described easement area 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.

      c. Should it be necessary that the Petitioner’s works or improvements be removed or damaged as a result of the Department of Public Works operations, all removal, replacement or modification costs shall be borne solely by the Petitioner.

      d. No change from the existing grade within the easement area shall be permitted without written permission from the Department of Public Works Sewer Division.

      e. The Petitioner, its successors and assigns shall fully indemnify, defend,...

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