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87-1571 WHITE - CITV CLERK PINK - FINANCE G I TY O F SA I NT PA U L Council CANARV - OEPARTMENT BI.UE� - MAVOR File NO• � /� �/ Return copy �to: COU cil Re olution / Valuations — Room 218 _ (Troy) �YK) � i �//� Presented By � / Referred To Committee: _- Date Out of Committee By Date WHEREAS , the City of Saint Paul has need of a permanent utility easement described as follows: That part of Lots 4 and 5, Edgcumbe Place Addition lying 10 feet on either side of the following described line : Com mencing at a point on the Westerly line of said Lot 4 a distance of six (6) feet Northerly of the Northwesterly corner of said Lot 5 ; thence extending Easterly to a point on the Easterly line of said Lot 5 a distance of ten and one-half (10.5) feet Southerly of the Northeasterly corner of said Lot 5 ; and there terminating: WHEREAS, the above property is owned by Terrance E. Troy and Isabel A. Troy, husband and wife, and James E. Stopelstad and Merrie W. Stolpestad, husband and wife, and WHEREAS, the above named fee owners , their successors and assigns will grant to the City of Saint Paul, the above deseribed utility easement provided the fee owners be allowed to retain the right to construct driveways, walkways, patios, and the like and also to plant trees , shrubs, and other vegetation in the area , with the understanding that if it becomes necessary to remove or replace any such improvements due to the maintenance or repair of any utilitiy line constructed within the easement area , such removal and costs shall be at the expense of these fee owners ; and WHEREAS, the Public Works Department has viewed the utility easement description and agreement and agrees with the contents , COUNCILMEN Requested by Department of: Yeas Drew Nays Nicosia Rettman In Favor Scheibel ! � Sonnen Against BY Director Weida Wilson ���I� Form A r by City ttor y Adopted by Council: Date C Certified Passed by Council Secretary BY 2� � By A►pproved by Navor: Date Approved by Mayor for Submission to Council By BY WHITE - CITY CLERK PINK - FINANCE GITY OF SAINT PAUL Council CACIARV - f3EPARTMENT / BLUE - MAVOR . F1Ie NO• � /S�` Return copy to: CQUnC • Resol tion Valuations - Room 218 (Troy) (YK) ^ , Presented By � Referred .To Committee: Date Out of Committee By Date BE IT THEREFORE RESOLVED, that the City of Saint Paul accept this utility easement under the terms and conditions and the proper City officials are hereby authorized and directed to file this easement agreement with the Register of Deeds. COUNCILME[V Yeas Drew Nays Requested by Department of: Nicosia �� Rettman In Favor Scheibel �Dj Sonnen _ Against BY Weida pIZ6�� Wilson OCT 2 9 1987 ` Form Appr ve City Att ey Adopted by Council: Date Certified Y s b il et BY C sy A►pprove b Mavor: Uate — � Approv y Mayor for Subm' io to Cout ci gy 8 ��� . � . . .�� o�a�12 , in c & a ement Servlce�gppg�� - CONTACT NAME - PHONE � mber 4 1987 DATE � ASS GN OR N RDER: (See reverse side.) �Depart nt Director yor (or Assistant) �Financ and l�anagement Services Director �ty Clerk � Budget Diractor �City A tortiey _ D G G S: (C13p all locations for signature.) W C V Y G CT 0 0 T E ? (Purpose/Rationale) � The C3ty f Saint Paul will accept the dedicatian of a Utility Easement subject to the Utility E sement statement attached. T�ig easement lies east of Edgcumbe Road and south af ighland Parkway. � 2���'� �,�--..' RECEIVEp � �, 5EP 2 8 198 CO T G Y AND RSONN L I C S T C • � � ��E rHE o�k� cT�� , � N7 QF ��Av . �EMr �,���VED . SEP 28 1987 FIN 0 D VITY NUM R CHARG D 0 D T D: �pq�YOR'S OFFICE (i�fayor's ignature not required if under $10,000.) Total ount of Trans�ction: N�A Activity Number: Funding Source: , ATTA (List and number all attachments.) 1. Res lution for signature 2. Cop of Utility Easement statement . ADlrt NIS TI PROC DU S s: Yes No Rules, Regulations, Procedures, or Budget Amendment required? _Yes No Tf yes, are they or timetable attached? DEPARTMEN VI W CITY ATTORNEY REVIEW �Yes No Council resolution required? Resolution required? _Yes _No _Yes No Insurance required? Insurance sufficient? _Yes _No Yes No Insurance attached? . ��7� . . � , , is�� UTILITY EASEMENT UTILITY EASEMENT given as of June 15 , 1987, to the City of Saint Paul , a municipal corpora•tion organized under the laws of the State of Minnesota , ('�Grantee") , by Terrence E. Troy and Isabel A. Troy, husband and wife , and James A. Stolpestad and Merrie W. Stolpestad , husband and wife, ( "Grantors" ) . For value received , Grantors hereby grant to the Grantee a permanent easement over the across the following described land in the City of Saint Paul , County of Ramsey, State of Minnesota ( the "Easement Area" ) : That part of Lots 4 and 5 , Edgcumbe Place Addition lying 10 feet on either side of the following described line : Commencing at a point on the Westerly line of said Lot 4 a distance of six ( 6) feet Northerly of the Northwesterly corner of said Lot 5 ; thence extending Easterly to a point on the Easterly line of said Lot 5 a distance of ten and one—half (10.5) feet Southerly of the Northeasterly corner of said Lot 5 ; and there terminating . The Easement area shall be used by Grantee for the construction, maintenance and repair of a sanitary sewer line to serve Edgcumbe Place Addition. Nothing herein shall prevent Grantors from constructing driveways, walkways, patios, and the like within the Easement Area or from planting trees , shrubs , and other vegetation within such area, so long as Grantors at their expense replace any such improvement following any maintenanee or repair to the sewer line constructed within the Easement Area. This instrument shall bind and inure to the benefit of the heirs, successors , and assigns of the parties hereto . IN WITNESS WHEREOF, this instrument has been executed as of the date above first written . Terrence E . Troy James A. Stolpestad Isabel A. Troy Merrie W. Stolpestad . , . �-���--� �- STATE OF MINNESOTA ) ) SS . COUNTY OF RAMSEY ) The foregoing instrument was aeknowledged before me on , 1987 , by Terrence E. Troy and Isabel A. Troy, husband and wife . Notary Public My commission expires: STATE OF MINNESOTA ) ) SS. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me on ___N, 1987 , by James A. Stolpestad ad Merrie W. Stolpestad , husband and wife . Notary Public My commission expires : THIS INSTRUMENT WAS DRAFTED BY: Doherty, Rumble & Butler Professional Association 1500 First National Bank Building Saint Paul , Minnesota 55101 2 ------------------------= AGENDA ITEMS =_______________________________ -------------------- — �=f�� . ID#: [296 ] DATE REC: [09/29/87] AGENDA DATE: [00/00/00] ITEM �: [ 7 `S7� SUBJECT: [UTILITY EASEMENT — EDGCUMBE ROAD SOUTH OF HIGHLAND PARKWAY 7 STAFF ASSIGNED: [�7 T' q—,�� ] SIG:[ ] OUT—[ ) TO CLERIF-E88�d�"0�"]' /�,�� / ORIGINATOR:[FINANCE ] CONTACT:[Y. KASTENS (5317) ] ] ACTION:[ ] C C.F.# [ ] ORD.# C 7 FILE COMPLETE="X" [ ] � � � � � �e � � � � � � FILE INFO: [RESOLUTION/UTILITY EASEMENT STATEMEN7 � ] L ) �_____________________________________________________________________________