99-1019CouncIl File # .. ��9
�RI�INAL
Presented B�
Referred To
RESOLUTION
Green Sheet # 00 'd.
2 WFIEREAS, the Saint Paul Public Library, Leacington Branch, operates a pazking lot on
3 real estate legally described as Lots 7 and 8, Block 1, Lindemann's Subdivision of Lots 9 and 10
4 of Hyde Park Addition, Ramsey County, Minnesota; and
5
bl
9
10
11
12
13
14
15
16
17
18
19
20
21
WHEREAS, directly adjacent to the above described parking lot in another parking lot
owned by Southmetro Centers IV Ltd. Partnership legally described as Lot 9, except the westerly
12 feet thereof, and Lot 10 both in Block 1, Lindemann's Subdivision of Lots 9 and 10 of Hyde
Park Addition; and
WHEREAS, historically, the curb cuts and driveways providing ingress and egress from
the public right-of-way to these pazking lots have been used in common by Southmetro and the
library without a formal written agreement providing for such common use; and
WHEREAS, it is in the best interests of Southmetro and the library to formalize a
reciprocal easement agreement which will memorialize public access to the Saint Paul Public
Library Lexington Branch; NOW, THEREFORE, BE IT
RESOLVED, that the attached Reciprocal Easement Agreement is approved and that a
copy of the agreement be retained by the Saint Paul Public Library and City of Saint Paul
Department of Technology Management Services, Real Estate Division.
Requested by Department of:
SY:
Form Appr d by City Attorney
BY: � ���
Approved by Mayor for Submission to Council
By:
Apps
By:
By:
CITY OF SAINT PAUL, NIII�TNESOTA Q
Adopted by Council: Date ��,
Adoption Certified by Covncil Secretasy
a9. to►�
ity Attorney � 10/13/99
TACT PERSON 8 R�ONE
Peter Warner
T BE ON COUNCIL AGFNCI4 BY (OR'fq
115SIG71
October 20, 1999 ��
ROII7YIc
Oft09t
TOTAL # OF SIGNATURE PAGES _
GREEN SHEET
m�urrnwegroie
❑ erv�iiouav ❑ uu�vvctaK _
nua
❑ nwa��fcnxceaoa ❑ rrw�utmnn�ocro
❑M19RWRAf9RM1!) ❑
�CL1P ALL LOCATIONS FOR SICaNATURE)
No � �;�?22
Approving a Reciprocal Easement Agreement between Southmetro and the Saint Paul
Public Library, Lexington Branch, which will memorialize public access to the Saint
Paul Public Library Lexington Branch.
«
PLANNING CAMMISSION
qB CAMMITTEE
CIVIL SERVICE COMMISSION
Has mic ae�'m ciervancea under a contract rortnis aepartmentv
YES NO
troaaNa pereonlfifin ever been a dty anployee4
YES NO
DoeG ttua P�� P� a sldU nd nortnaqYP�eaeaeE bY �Y curte�R dh/ emPbY�7
YES Nd
Is Mis persorVfirm a targetetl vendaYt �
YES I�
and anaeh to areen sheet
I��9:Z.��.:
SOURCE
COST/ItEYENUE BUD6E7ED (GRCIE ON�
ACTIVrtYNUMBER
l� 4�
INFORMA710N (IXPW�
qq• io�9
. ,. . � . � ��, � ��
This ReciQmcal Fasement Agre�ment ("Agreamern"), made and entered irno this � day
of �e�,1999 by and belween SOUTHME'I'RO CIIVTERS IV LIlbg1"ED p,AI2TNERSIiIP,
a Minnesota limited partners}rip (hereinafter refemed to as "Owner of tite South Pancel"), and THE
CTTY OF ST. PAUL, a Municipal corposation (hereinafter referred to as "Owner of the North
P3tCC1
WIINF.SSETH: - �==---- - - _
R'I�REAS, the Owner of the South Parcel is the owner of tUat certain parcel of ieai
praperty legally described as I.ot 9, except the westerly 12 feet thereof, and I.ot 10, both in Block
1, Lindemann's Subdivision of I.ots 9 and 10 of Hyde Park Addition, Rat�tsey County, Minnesota,
together with that part of vacated Aurota Aveaue accruiug thereto (hereinafter referred to as the
"South Parcel"); and
WfIEREAS, the Owner of the Noith Pamzl is the owner of that certain pamel of mat
property legally describeri as I.ots � and 8, Block 1, Lindemann's Subdivision of I.ots 9 and IU of
Hyde Park Addition, Ramsey County, Minnesota (hereinafter referred .c� as the "North Pa�el");
and
WHII2EAS, parldng lots have been constructed upon both the North Parcel and the South
Parcel; and
WHEREAS, historically the curbcuts and driveways pmviding ingress and egress to
public rights-of-way to and fram the Nofth Pamzl and the South Parcel have been usecl in common
by the Owner of the North Pamel and the Owner of the South Parcel and their respective tenants,
customers and invitees, without a formai written agreement pmviding for such common use; and
WHEREAS, the Owner of the North Pazcel and the Owner of the South Pamel agree that
it is in their best inteizst to create a common plan for ingress and egress to public rights-of-way by
and between the North P�arcel and the South Pa�el (the Owner of the North Pancel and the Owner
of the South Pa�el are hereinafter together referred to as "Owners" and individually
215532v3 1
a9-ioiq
as "Owner" and the North Pamel and the South Patrzl are hereinafter tog�her referred to as
"Pa�els" and individually as "Parcei").
NOW, THIItEFORE, in consideiarion of ffie mutual covenants and agreements herein
contained, the zECeipt and sufficiency of wirich are hereby acknowledged by all parties hereto, it is
hereby ageed as follows:
1. In,�gress Eg��ess and Part�g. Fach Owner grants to the other Owner and its
respe�five representatives, tenants, subtenant, licenseES, employees, agents and invitees, peipetual
non-exclusive rights, privileges and easements to use the other Owner's Parcel for the pwposes for
wlrich it is intended, including, without in any way limiting the generality of the foregoing, for
adequate, unobshucted pedestrian and vehicular traffic and par�,�ing and to pera►it the Owners, their
tenants, subtenants, licensees, etnployees, agents, and invitees .o use the same in common with
each other for purposes of access, ingress and egress to, from and between the Parcels and the
streets and highways abutting and adjacent to the.Parcels and for parking purposes. Either Owner
may make any changes, modifications or relocations of the curb cut, paving and srtriping on its
Parcel without the consent of the other Owner provided that adequate ingress and egress to such
Owner's Pairzl from the curcenfly existing soun:e of access is cmated, and providing that tbe
number of parking spaces available is not d'uninished from the number existing on the date hereof.
2. Coodemnation. In the event that any portion of a Pamzl is condemned or taken
by or conveyed under threat of any right of eminent do�ain, the Owner of each Parcel shall have
no right [o claim an award for an irnerest in any award given for loss of the Pa�el other ttian tt�at
which it owns.
3. Default. In the event that either Owner fails to comply with any obligations
imposed upon it under this Agreement, tben the non-defaulting Ownez may send written notice to
the defaulting Owner setting forth the alleged default. In the event such default is uncured for a
perial of thiity (30} days after receipt of such notice, or iif such a default is of the type which
cannot be cured within such time period, unless the defaulting Owner shall have commenced and is
exercising due diligence to cure the same, then the complaining Owner may proceed to cure such
default on behalf of the other Owner. If the failure of an Owner to perform its obligations
hereunder causes an emergency or performance of such obligations is necessary to relieve or
prevent an emergency, or a forfeiture of title, then� the notice required to be given to said defaulting
Owner hereunder may either be dispensed with, or nced only be such a reasonable notice, if any, as
is wananted by the nature of the specific condition invoived and, if appropriate action is not timely
taken by the defaulting Owner, the complaining Owner shall be entiUe3 to immediately cure such
default(s) without reqni�ment of any further no6ce. In the event that either Owner shall cure a
default of the other Owner hereunder, the defauiting Owner shall be obligate3 to reimbuise the
Owner curing such defaults, plus interest at the ttte of eight (8 %) percent per annum on demand
together with any attorneys' fees or other costs incurred in connection with collecting the same.
4. General.
215532v3 2
°19-ioi9
a. Any nofice or demand permitted or �quired to be given or made
hereunder are deemed given or made when personally deliverefl, sent by facsimile, or when
deposited in the United States mail, registemd or certified mail, Postage Pre-paid to the addnsses of
the Owners s� forth below, azhich addresses may be changed upon at Irast ten days prior written
notice given in the manner provided.
Owner of the North Pa�el:
Saint Paul Pu�lic Library
90 West Fourth Street
Saint Paul, MN 55102
ATTN: Facilities Manager
Owner of the South Parcel:
2917 Bryant Avenue South, Suite 5
Minneapolis, Minnesota 55408
b. If a disageement arises between either of the Owners under any of the
terms of this AgreEmem, then the Owners agre� to submit their disagreement to a�iUation in
accordance with the niles of the American Arbit�ation Association.
c. The terms, easements and pmvisions hereof shall inure to the benefit of
and be binding upon the heus, legal represernatives, successors and assigns of the Owners and the
covenants, agreements and easements contained herein shall be deemed to nw with the land and
each of said easements shall be deemed appurtenant to the Paroel benefited thereby.
� d. This Agreement may only be modified or amended, in whole or in part,
with the consent of both of the Owners heieto, by declaiation in writing, executed and
aclmowledged by both of said Owners. The pmvisions of this Agreement a� for the exciusive
benefit of the Owners, or their successors and assigns, and are not for the benefit of any third
persoa, nor shall this Agreement be deemed to have conferred any rights, expressed or implied,
apon any third person; pmvided, however, any tenant, subtenant, license�, employee, agent or
invitee of either Owner shall have the express rights for the use of the Parcels as pmvided for
herein. Nothing contained herein shall be deemed to confer or create any rights of the public in the
North Parcel or the 5outh Pamel.
e. If any terms, provision or condition contained in this Agreement shall,
to any extent, be held invalid or unenforceabie, the remainder of this Agnement (or the application
of such tenn, provision or condition to persons or circumstances other than those in respect to
wluch it is heid invalid or une�forceabie) shall not be aff� thereby and each term, provision or
condition of this Agre�ment shall be valid and enforceable to the full e�ent pemutted by ]aw.
f. This Agmsment shall be conshued in accordance with the ]aws of the
State of Minnesota. �
g. This Agrezment may be executed in one or mo� countetparts, each of
which shall constitute one and the same instrument.
215532�3 3
°�9-�otq
IN WiTNESS WHEREOF, the Owners he�o have caused this insln►ment to be executed
as of the day and year first above written.
CITY OF ST. PAUL, a Municipal corporation
: � ��� i/
� � ,/lJ}11��.
SOUTHI��TRO CENTIIiS IV LIMITID
PARITTERSHIP, a 1�Twnesota limited
partnerslup
By: TANODA, Inc., a Mu�nesota corporation,
its general partner
_, -- � =
- -
B ����'�I � ->-
Stuatt Tapper, President
STATE OF MINNFSOTA)
)ss.
COUNTY OF RAMSEY )
The foregoing instrumem was executed before me /� day of �f , 1999,
/i� �
by _(, Cc20 /E �. �.� );� �� G rn s , the 6 r -l) � r � of the ity of St. Paul,
a Municipat corpoiation, who aclmowledged that_ free act and deed on behalf of the
coiporation.
Witaess my haud and official seal.
� i
�. /l.k�.�. I �. � .G./ .1'.
� . � . ,
. �,.���,.� �n,.��.,,.,,,.,.,.
� .�. SUSAN M- WEGWERTH
<`� 3�'" �J NOTARY PUBUC-NINNESOTA
!( t DAKOTA COUNTY
< µy Cemm. ExP��es Jan. 31, 2000
<
• �-�•,JVV�V�.v�v�VVYYVYVVJVVVVVV�•�"W•
STATE OF MIlVNFSOTA )
)ss.
215532v3 4
q9-�o�9
courrrY oF fmviv�nv�
The fo�going inshument was ac�owledged before me this �day of �°
1999, by Stuazt Tapper, the President of TANODA, Inc., a Minnesota coipoiarion, generai partner
of SouthM�ro Centers IV Limite3 pyrtnership, a Minnesota limited partneiship, who
acknowledged the same as his fre� act and deed on behalf of the corporation and partne�hip.
Wimess my hand and official seat.
.
SHARON R. BOHNt10F�
� NOTARYPUlIIC•MINXESOIA
My CoA�i�aHn fyk�s Ju.11. 200�
s �
� I,1 �_ � �J��:tl. /
� . � , — ��,
�us u•rsrxu�T wAS n�rEn BY:.
Parsinen Kaplan Levy Rosberg & Gotlieb P.A.
100 South Fifth Sheet, Suite 1100
Minneapolis, MN 55402
(612)333-2111
215532v3
CouncIl File # .. ��9
�RI�INAL
Presented B�
Referred To
RESOLUTION
Green Sheet # 00 'd.
2 WFIEREAS, the Saint Paul Public Library, Leacington Branch, operates a pazking lot on
3 real estate legally described as Lots 7 and 8, Block 1, Lindemann's Subdivision of Lots 9 and 10
4 of Hyde Park Addition, Ramsey County, Minnesota; and
5
bl
9
10
11
12
13
14
15
16
17
18
19
20
21
WHEREAS, directly adjacent to the above described parking lot in another parking lot
owned by Southmetro Centers IV Ltd. Partnership legally described as Lot 9, except the westerly
12 feet thereof, and Lot 10 both in Block 1, Lindemann's Subdivision of Lots 9 and 10 of Hyde
Park Addition; and
WHEREAS, historically, the curb cuts and driveways providing ingress and egress from
the public right-of-way to these pazking lots have been used in common by Southmetro and the
library without a formal written agreement providing for such common use; and
WHEREAS, it is in the best interests of Southmetro and the library to formalize a
reciprocal easement agreement which will memorialize public access to the Saint Paul Public
Library Lexington Branch; NOW, THEREFORE, BE IT
RESOLVED, that the attached Reciprocal Easement Agreement is approved and that a
copy of the agreement be retained by the Saint Paul Public Library and City of Saint Paul
Department of Technology Management Services, Real Estate Division.
Requested by Department of:
SY:
Form Appr d by City Attorney
BY: � ���
Approved by Mayor for Submission to Council
By:
Apps
By:
By:
CITY OF SAINT PAUL, NIII�TNESOTA Q
Adopted by Council: Date ��,
Adoption Certified by Covncil Secretasy
a9. to►�
ity Attorney � 10/13/99
TACT PERSON 8 R�ONE
Peter Warner
T BE ON COUNCIL AGFNCI4 BY (OR'fq
115SIG71
October 20, 1999 ��
ROII7YIc
Oft09t
TOTAL # OF SIGNATURE PAGES _
GREEN SHEET
m�urrnwegroie
❑ erv�iiouav ❑ uu�vvctaK _
nua
❑ nwa��fcnxceaoa ❑ rrw�utmnn�ocro
❑M19RWRAf9RM1!) ❑
�CL1P ALL LOCATIONS FOR SICaNATURE)
No � �;�?22
Approving a Reciprocal Easement Agreement between Southmetro and the Saint Paul
Public Library, Lexington Branch, which will memorialize public access to the Saint
Paul Public Library Lexington Branch.
«
PLANNING CAMMISSION
qB CAMMITTEE
CIVIL SERVICE COMMISSION
Has mic ae�'m ciervancea under a contract rortnis aepartmentv
YES NO
troaaNa pereonlfifin ever been a dty anployee4
YES NO
DoeG ttua P�� P� a sldU nd nortnaqYP�eaeaeE bY �Y curte�R dh/ emPbY�7
YES Nd
Is Mis persorVfirm a targetetl vendaYt �
YES I�
and anaeh to areen sheet
I��9:Z.��.:
SOURCE
COST/ItEYENUE BUD6E7ED (GRCIE ON�
ACTIVrtYNUMBER
l� 4�
INFORMA710N (IXPW�
qq• io�9
. ,. . � . � ��, � ��
This ReciQmcal Fasement Agre�ment ("Agreamern"), made and entered irno this � day
of �e�,1999 by and belween SOUTHME'I'RO CIIVTERS IV LIlbg1"ED p,AI2TNERSIiIP,
a Minnesota limited partners}rip (hereinafter refemed to as "Owner of tite South Pancel"), and THE
CTTY OF ST. PAUL, a Municipal corposation (hereinafter referred to as "Owner of the North
P3tCC1
WIINF.SSETH: - �==---- - - _
R'I�REAS, the Owner of the South Parcel is the owner of tUat certain parcel of ieai
praperty legally described as I.ot 9, except the westerly 12 feet thereof, and I.ot 10, both in Block
1, Lindemann's Subdivision of I.ots 9 and 10 of Hyde Park Addition, Rat�tsey County, Minnesota,
together with that part of vacated Aurota Aveaue accruiug thereto (hereinafter referred to as the
"South Parcel"); and
WfIEREAS, the Owner of the Noith Pamzl is the owner of that certain pamel of mat
property legally describeri as I.ots � and 8, Block 1, Lindemann's Subdivision of I.ots 9 and IU of
Hyde Park Addition, Ramsey County, Minnesota (hereinafter referred .c� as the "North Pa�el");
and
WHII2EAS, parldng lots have been constructed upon both the North Parcel and the South
Parcel; and
WHEREAS, historically the curbcuts and driveways pmviding ingress and egress to
public rights-of-way to and fram the Nofth Pamzl and the South Parcel have been usecl in common
by the Owner of the North Pamel and the Owner of the South Parcel and their respective tenants,
customers and invitees, without a formai written agreement pmviding for such common use; and
WHEREAS, the Owner of the North Pazcel and the Owner of the South Pamel agree that
it is in their best inteizst to create a common plan for ingress and egress to public rights-of-way by
and between the North P�arcel and the South Pa�el (the Owner of the North Pancel and the Owner
of the South Pa�el are hereinafter together referred to as "Owners" and individually
215532v3 1
a9-ioiq
as "Owner" and the North Pamel and the South Patrzl are hereinafter tog�her referred to as
"Pa�els" and individually as "Parcei").
NOW, THIItEFORE, in consideiarion of ffie mutual covenants and agreements herein
contained, the zECeipt and sufficiency of wirich are hereby acknowledged by all parties hereto, it is
hereby ageed as follows:
1. In,�gress Eg��ess and Part�g. Fach Owner grants to the other Owner and its
respe�five representatives, tenants, subtenant, licenseES, employees, agents and invitees, peipetual
non-exclusive rights, privileges and easements to use the other Owner's Parcel for the pwposes for
wlrich it is intended, including, without in any way limiting the generality of the foregoing, for
adequate, unobshucted pedestrian and vehicular traffic and par�,�ing and to pera►it the Owners, their
tenants, subtenants, licensees, etnployees, agents, and invitees .o use the same in common with
each other for purposes of access, ingress and egress to, from and between the Parcels and the
streets and highways abutting and adjacent to the.Parcels and for parking purposes. Either Owner
may make any changes, modifications or relocations of the curb cut, paving and srtriping on its
Parcel without the consent of the other Owner provided that adequate ingress and egress to such
Owner's Pairzl from the curcenfly existing soun:e of access is cmated, and providing that tbe
number of parking spaces available is not d'uninished from the number existing on the date hereof.
2. Coodemnation. In the event that any portion of a Pamzl is condemned or taken
by or conveyed under threat of any right of eminent do�ain, the Owner of each Parcel shall have
no right [o claim an award for an irnerest in any award given for loss of the Pa�el other ttian tt�at
which it owns.
3. Default. In the event that either Owner fails to comply with any obligations
imposed upon it under this Agreement, tben the non-defaulting Ownez may send written notice to
the defaulting Owner setting forth the alleged default. In the event such default is uncured for a
perial of thiity (30} days after receipt of such notice, or iif such a default is of the type which
cannot be cured within such time period, unless the defaulting Owner shall have commenced and is
exercising due diligence to cure the same, then the complaining Owner may proceed to cure such
default on behalf of the other Owner. If the failure of an Owner to perform its obligations
hereunder causes an emergency or performance of such obligations is necessary to relieve or
prevent an emergency, or a forfeiture of title, then� the notice required to be given to said defaulting
Owner hereunder may either be dispensed with, or nced only be such a reasonable notice, if any, as
is wananted by the nature of the specific condition invoived and, if appropriate action is not timely
taken by the defaulting Owner, the complaining Owner shall be entiUe3 to immediately cure such
default(s) without reqni�ment of any further no6ce. In the event that either Owner shall cure a
default of the other Owner hereunder, the defauiting Owner shall be obligate3 to reimbuise the
Owner curing such defaults, plus interest at the ttte of eight (8 %) percent per annum on demand
together with any attorneys' fees or other costs incurred in connection with collecting the same.
4. General.
215532v3 2
°19-ioi9
a. Any nofice or demand permitted or �quired to be given or made
hereunder are deemed given or made when personally deliverefl, sent by facsimile, or when
deposited in the United States mail, registemd or certified mail, Postage Pre-paid to the addnsses of
the Owners s� forth below, azhich addresses may be changed upon at Irast ten days prior written
notice given in the manner provided.
Owner of the North Pa�el:
Saint Paul Pu�lic Library
90 West Fourth Street
Saint Paul, MN 55102
ATTN: Facilities Manager
Owner of the South Parcel:
2917 Bryant Avenue South, Suite 5
Minneapolis, Minnesota 55408
b. If a disageement arises between either of the Owners under any of the
terms of this AgreEmem, then the Owners agre� to submit their disagreement to a�iUation in
accordance with the niles of the American Arbit�ation Association.
c. The terms, easements and pmvisions hereof shall inure to the benefit of
and be binding upon the heus, legal represernatives, successors and assigns of the Owners and the
covenants, agreements and easements contained herein shall be deemed to nw with the land and
each of said easements shall be deemed appurtenant to the Paroel benefited thereby.
� d. This Agreement may only be modified or amended, in whole or in part,
with the consent of both of the Owners heieto, by declaiation in writing, executed and
aclmowledged by both of said Owners. The pmvisions of this Agreement a� for the exciusive
benefit of the Owners, or their successors and assigns, and are not for the benefit of any third
persoa, nor shall this Agreement be deemed to have conferred any rights, expressed or implied,
apon any third person; pmvided, however, any tenant, subtenant, license�, employee, agent or
invitee of either Owner shall have the express rights for the use of the Parcels as pmvided for
herein. Nothing contained herein shall be deemed to confer or create any rights of the public in the
North Parcel or the 5outh Pamel.
e. If any terms, provision or condition contained in this Agreement shall,
to any extent, be held invalid or unenforceabie, the remainder of this Agnement (or the application
of such tenn, provision or condition to persons or circumstances other than those in respect to
wluch it is heid invalid or une�forceabie) shall not be aff� thereby and each term, provision or
condition of this Agre�ment shall be valid and enforceable to the full e�ent pemutted by ]aw.
f. This Agmsment shall be conshued in accordance with the ]aws of the
State of Minnesota. �
g. This Agrezment may be executed in one or mo� countetparts, each of
which shall constitute one and the same instrument.
215532�3 3
°�9-�otq
IN WiTNESS WHEREOF, the Owners he�o have caused this insln►ment to be executed
as of the day and year first above written.
CITY OF ST. PAUL, a Municipal corporation
: � ��� i/
� � ,/lJ}11��.
SOUTHI��TRO CENTIIiS IV LIMITID
PARITTERSHIP, a 1�Twnesota limited
partnerslup
By: TANODA, Inc., a Mu�nesota corporation,
its general partner
_, -- � =
- -
B ����'�I � ->-
Stuatt Tapper, President
STATE OF MINNFSOTA)
)ss.
COUNTY OF RAMSEY )
The foregoing instrumem was executed before me /� day of �f , 1999,
/i� �
by _(, Cc20 /E �. �.� );� �� G rn s , the 6 r -l) � r � of the ity of St. Paul,
a Municipat corpoiation, who aclmowledged that_ free act and deed on behalf of the
coiporation.
Witaess my haud and official seal.
� i
�. /l.k�.�. I �. � .G./ .1'.
� . � . ,
. �,.���,.� �n,.��.,,.,,,.,.,.
� .�. SUSAN M- WEGWERTH
<`� 3�'" �J NOTARY PUBUC-NINNESOTA
!( t DAKOTA COUNTY
< µy Cemm. ExP��es Jan. 31, 2000
<
• �-�•,JVV�V�.v�v�VVYYVYVVJVVVVVV�•�"W•
STATE OF MIlVNFSOTA )
)ss.
215532v3 4
q9-�o�9
courrrY oF fmviv�nv�
The fo�going inshument was ac�owledged before me this �day of �°
1999, by Stuazt Tapper, the President of TANODA, Inc., a Minnesota coipoiarion, generai partner
of SouthM�ro Centers IV Limite3 pyrtnership, a Minnesota limited partneiship, who
acknowledged the same as his fre� act and deed on behalf of the corporation and partne�hip.
Wimess my hand and official seat.
.
SHARON R. BOHNt10F�
� NOTARYPUlIIC•MINXESOIA
My CoA�i�aHn fyk�s Ju.11. 200�
s �
� I,1 �_ � �J��:tl. /
� . � , — ��,
�us u•rsrxu�T wAS n�rEn BY:.
Parsinen Kaplan Levy Rosberg & Gotlieb P.A.
100 South Fifth Sheet, Suite 1100
Minneapolis, MN 55402
(612)333-2111
215532v3
CouncIl File # .. ��9
�RI�INAL
Presented B�
Referred To
RESOLUTION
Green Sheet # 00 'd.
2 WFIEREAS, the Saint Paul Public Library, Leacington Branch, operates a pazking lot on
3 real estate legally described as Lots 7 and 8, Block 1, Lindemann's Subdivision of Lots 9 and 10
4 of Hyde Park Addition, Ramsey County, Minnesota; and
5
bl
9
10
11
12
13
14
15
16
17
18
19
20
21
WHEREAS, directly adjacent to the above described parking lot in another parking lot
owned by Southmetro Centers IV Ltd. Partnership legally described as Lot 9, except the westerly
12 feet thereof, and Lot 10 both in Block 1, Lindemann's Subdivision of Lots 9 and 10 of Hyde
Park Addition; and
WHEREAS, historically, the curb cuts and driveways providing ingress and egress from
the public right-of-way to these pazking lots have been used in common by Southmetro and the
library without a formal written agreement providing for such common use; and
WHEREAS, it is in the best interests of Southmetro and the library to formalize a
reciprocal easement agreement which will memorialize public access to the Saint Paul Public
Library Lexington Branch; NOW, THEREFORE, BE IT
RESOLVED, that the attached Reciprocal Easement Agreement is approved and that a
copy of the agreement be retained by the Saint Paul Public Library and City of Saint Paul
Department of Technology Management Services, Real Estate Division.
Requested by Department of:
SY:
Form Appr d by City Attorney
BY: � ���
Approved by Mayor for Submission to Council
By:
Apps
By:
By:
CITY OF SAINT PAUL, NIII�TNESOTA Q
Adopted by Council: Date ��,
Adoption Certified by Covncil Secretasy
a9. to►�
ity Attorney � 10/13/99
TACT PERSON 8 R�ONE
Peter Warner
T BE ON COUNCIL AGFNCI4 BY (OR'fq
115SIG71
October 20, 1999 ��
ROII7YIc
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TOTAL # OF SIGNATURE PAGES _
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No � �;�?22
Approving a Reciprocal Easement Agreement between Southmetro and the Saint Paul
Public Library, Lexington Branch, which will memorialize public access to the Saint
Paul Public Library Lexington Branch.
«
PLANNING CAMMISSION
qB CAMMITTEE
CIVIL SERVICE COMMISSION
Has mic ae�'m ciervancea under a contract rortnis aepartmentv
YES NO
troaaNa pereonlfifin ever been a dty anployee4
YES NO
DoeG ttua P�� P� a sldU nd nortnaqYP�eaeaeE bY �Y curte�R dh/ emPbY�7
YES Nd
Is Mis persorVfirm a targetetl vendaYt �
YES I�
and anaeh to areen sheet
I��9:Z.��.:
SOURCE
COST/ItEYENUE BUD6E7ED (GRCIE ON�
ACTIVrtYNUMBER
l� 4�
INFORMA710N (IXPW�
qq• io�9
. ,. . � . � ��, � ��
This ReciQmcal Fasement Agre�ment ("Agreamern"), made and entered irno this � day
of �e�,1999 by and belween SOUTHME'I'RO CIIVTERS IV LIlbg1"ED p,AI2TNERSIiIP,
a Minnesota limited partners}rip (hereinafter refemed to as "Owner of tite South Pancel"), and THE
CTTY OF ST. PAUL, a Municipal corposation (hereinafter referred to as "Owner of the North
P3tCC1
WIINF.SSETH: - �==---- - - _
R'I�REAS, the Owner of the South Parcel is the owner of tUat certain parcel of ieai
praperty legally described as I.ot 9, except the westerly 12 feet thereof, and I.ot 10, both in Block
1, Lindemann's Subdivision of I.ots 9 and 10 of Hyde Park Addition, Rat�tsey County, Minnesota,
together with that part of vacated Aurota Aveaue accruiug thereto (hereinafter referred to as the
"South Parcel"); and
WfIEREAS, the Owner of the Noith Pamzl is the owner of that certain pamel of mat
property legally describeri as I.ots � and 8, Block 1, Lindemann's Subdivision of I.ots 9 and IU of
Hyde Park Addition, Ramsey County, Minnesota (hereinafter referred .c� as the "North Pa�el");
and
WHII2EAS, parldng lots have been constructed upon both the North Parcel and the South
Parcel; and
WHEREAS, historically the curbcuts and driveways pmviding ingress and egress to
public rights-of-way to and fram the Nofth Pamzl and the South Parcel have been usecl in common
by the Owner of the North Pamel and the Owner of the South Parcel and their respective tenants,
customers and invitees, without a formai written agreement pmviding for such common use; and
WHEREAS, the Owner of the North Pazcel and the Owner of the South Pamel agree that
it is in their best inteizst to create a common plan for ingress and egress to public rights-of-way by
and between the North P�arcel and the South Pa�el (the Owner of the North Pancel and the Owner
of the South Pa�el are hereinafter together referred to as "Owners" and individually
215532v3 1
a9-ioiq
as "Owner" and the North Pamel and the South Patrzl are hereinafter tog�her referred to as
"Pa�els" and individually as "Parcei").
NOW, THIItEFORE, in consideiarion of ffie mutual covenants and agreements herein
contained, the zECeipt and sufficiency of wirich are hereby acknowledged by all parties hereto, it is
hereby ageed as follows:
1. In,�gress Eg��ess and Part�g. Fach Owner grants to the other Owner and its
respe�five representatives, tenants, subtenant, licenseES, employees, agents and invitees, peipetual
non-exclusive rights, privileges and easements to use the other Owner's Parcel for the pwposes for
wlrich it is intended, including, without in any way limiting the generality of the foregoing, for
adequate, unobshucted pedestrian and vehicular traffic and par�,�ing and to pera►it the Owners, their
tenants, subtenants, licensees, etnployees, agents, and invitees .o use the same in common with
each other for purposes of access, ingress and egress to, from and between the Parcels and the
streets and highways abutting and adjacent to the.Parcels and for parking purposes. Either Owner
may make any changes, modifications or relocations of the curb cut, paving and srtriping on its
Parcel without the consent of the other Owner provided that adequate ingress and egress to such
Owner's Pairzl from the curcenfly existing soun:e of access is cmated, and providing that tbe
number of parking spaces available is not d'uninished from the number existing on the date hereof.
2. Coodemnation. In the event that any portion of a Pamzl is condemned or taken
by or conveyed under threat of any right of eminent do�ain, the Owner of each Parcel shall have
no right [o claim an award for an irnerest in any award given for loss of the Pa�el other ttian tt�at
which it owns.
3. Default. In the event that either Owner fails to comply with any obligations
imposed upon it under this Agreement, tben the non-defaulting Ownez may send written notice to
the defaulting Owner setting forth the alleged default. In the event such default is uncured for a
perial of thiity (30} days after receipt of such notice, or iif such a default is of the type which
cannot be cured within such time period, unless the defaulting Owner shall have commenced and is
exercising due diligence to cure the same, then the complaining Owner may proceed to cure such
default on behalf of the other Owner. If the failure of an Owner to perform its obligations
hereunder causes an emergency or performance of such obligations is necessary to relieve or
prevent an emergency, or a forfeiture of title, then� the notice required to be given to said defaulting
Owner hereunder may either be dispensed with, or nced only be such a reasonable notice, if any, as
is wananted by the nature of the specific condition invoived and, if appropriate action is not timely
taken by the defaulting Owner, the complaining Owner shall be entiUe3 to immediately cure such
default(s) without reqni�ment of any further no6ce. In the event that either Owner shall cure a
default of the other Owner hereunder, the defauiting Owner shall be obligate3 to reimbuise the
Owner curing such defaults, plus interest at the ttte of eight (8 %) percent per annum on demand
together with any attorneys' fees or other costs incurred in connection with collecting the same.
4. General.
215532v3 2
°19-ioi9
a. Any nofice or demand permitted or �quired to be given or made
hereunder are deemed given or made when personally deliverefl, sent by facsimile, or when
deposited in the United States mail, registemd or certified mail, Postage Pre-paid to the addnsses of
the Owners s� forth below, azhich addresses may be changed upon at Irast ten days prior written
notice given in the manner provided.
Owner of the North Pa�el:
Saint Paul Pu�lic Library
90 West Fourth Street
Saint Paul, MN 55102
ATTN: Facilities Manager
Owner of the South Parcel:
2917 Bryant Avenue South, Suite 5
Minneapolis, Minnesota 55408
b. If a disageement arises between either of the Owners under any of the
terms of this AgreEmem, then the Owners agre� to submit their disagreement to a�iUation in
accordance with the niles of the American Arbit�ation Association.
c. The terms, easements and pmvisions hereof shall inure to the benefit of
and be binding upon the heus, legal represernatives, successors and assigns of the Owners and the
covenants, agreements and easements contained herein shall be deemed to nw with the land and
each of said easements shall be deemed appurtenant to the Paroel benefited thereby.
� d. This Agreement may only be modified or amended, in whole or in part,
with the consent of both of the Owners heieto, by declaiation in writing, executed and
aclmowledged by both of said Owners. The pmvisions of this Agreement a� for the exciusive
benefit of the Owners, or their successors and assigns, and are not for the benefit of any third
persoa, nor shall this Agreement be deemed to have conferred any rights, expressed or implied,
apon any third person; pmvided, however, any tenant, subtenant, license�, employee, agent or
invitee of either Owner shall have the express rights for the use of the Parcels as pmvided for
herein. Nothing contained herein shall be deemed to confer or create any rights of the public in the
North Parcel or the 5outh Pamel.
e. If any terms, provision or condition contained in this Agreement shall,
to any extent, be held invalid or unenforceabie, the remainder of this Agnement (or the application
of such tenn, provision or condition to persons or circumstances other than those in respect to
wluch it is heid invalid or une�forceabie) shall not be aff� thereby and each term, provision or
condition of this Agre�ment shall be valid and enforceable to the full e�ent pemutted by ]aw.
f. This Agmsment shall be conshued in accordance with the ]aws of the
State of Minnesota. �
g. This Agrezment may be executed in one or mo� countetparts, each of
which shall constitute one and the same instrument.
215532�3 3
°�9-�otq
IN WiTNESS WHEREOF, the Owners he�o have caused this insln►ment to be executed
as of the day and year first above written.
CITY OF ST. PAUL, a Municipal corporation
: � ��� i/
� � ,/lJ}11��.
SOUTHI��TRO CENTIIiS IV LIMITID
PARITTERSHIP, a 1�Twnesota limited
partnerslup
By: TANODA, Inc., a Mu�nesota corporation,
its general partner
_, -- � =
- -
B ����'�I � ->-
Stuatt Tapper, President
STATE OF MINNFSOTA)
)ss.
COUNTY OF RAMSEY )
The foregoing instrumem was executed before me /� day of �f , 1999,
/i� �
by _(, Cc20 /E �. �.� );� �� G rn s , the 6 r -l) � r � of the ity of St. Paul,
a Municipat corpoiation, who aclmowledged that_ free act and deed on behalf of the
coiporation.
Witaess my haud and official seal.
� i
�. /l.k�.�. I �. � .G./ .1'.
� . � . ,
. �,.���,.� �n,.��.,,.,,,.,.,.
� .�. SUSAN M- WEGWERTH
<`� 3�'" �J NOTARY PUBUC-NINNESOTA
!( t DAKOTA COUNTY
< µy Cemm. ExP��es Jan. 31, 2000
<
• �-�•,JVV�V�.v�v�VVYYVYVVJVVVVVV�•�"W•
STATE OF MIlVNFSOTA )
)ss.
215532v3 4
q9-�o�9
courrrY oF fmviv�nv�
The fo�going inshument was ac�owledged before me this �day of �°
1999, by Stuazt Tapper, the President of TANODA, Inc., a Minnesota coipoiarion, generai partner
of SouthM�ro Centers IV Limite3 pyrtnership, a Minnesota limited partneiship, who
acknowledged the same as his fre� act and deed on behalf of the corporation and partne�hip.
Wimess my hand and official seat.
.
SHARON R. BOHNt10F�
� NOTARYPUlIIC•MINXESOIA
My CoA�i�aHn fyk�s Ju.11. 200�
s �
� I,1 �_ � �J��:tl. /
� . � , — ��,
�us u•rsrxu�T wAS n�rEn BY:.
Parsinen Kaplan Levy Rosberg & Gotlieb P.A.
100 South Fifth Sheet, Suite 1100
Minneapolis, MN 55402
(612)333-2111
215532v3