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85-1618 WHITE - CITV CLERK PINK - FINANCE G I TY OF SA I NT PA U L Council CANARV - DEPARTMENT FIl@ NO. � f�/ BLUE - MAVOR City Attny/PBB • • C�unC� ut �n Grace Bldg. entry Presented By Referred To C mittee: Date Out of Committee By Date BE IT RESOLVED, by the Council of the City of Saint Paul , that the City Clerk is directed to accept and keep on file that certain Pedestrian Concourse Agreement, dated April 8 , 1981 , between the Housing and Redevelopment Authority of the City of Saint Paul , Minnesota; the City of Saint Paul ; Wabasha Court Associates ; Joseph Geller, and the Estate of Jack N. Geller, attached hereto , which Agreement contains covenants and obligations relating to the placement of a structure in the skyway area, which touch and concern the following described property in the City of Saint Paul : Lots 1, 2 and 3 , Block 7 , City of Saint Paul (St. Paul Proper) ; an d BE IT FURTHER RESOLVED, that the City Clerk is authorized and directed to file a certified copy of this Resolution (with attachments) in the Office of the County Recorder, Ramsey County. COUNC[LME[V Requested by Department of: Yeas p�� Nays Masanz �_ (n Favor Nicosia Scheibel � g.w�eR- Against BY Tedesco W ilson Adopted by Council: Date DEC 5 — �85 Form Approved by City Attorney Certified Passed by Council Secretary • BY ��'��'� sy- ��7�� Approved by Mav : e ��—� '�� O�C 6 - 1g 5 Approved by Mayor for Submission to Council B �\''—'�"''"" BY PU��1�t��D L E C 141985 �. � . . . ��-. ��; . ,��i� �: c� � � c� r� � STATE OF riINNES OTA ) County of Ramsey ) ss. CITY OF SAINT PAUL ) I . . . . . . .Albert.B:.Olson. . . . . . . . . . . . . . . . . .City Clerk of tlie � City oi Saint Paul, Minnesota, do hereby certify that I have 85-1618 compared the attached copy of Council Fi.le No. . . . . .. . . . . . . . . . . . . . as adopted by the City Council. . . , , ,December.5. . . . . . ^ . . . . 1�.85. . . December 6, 85 and ap�roved by the Mayor. . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . 19. . . . . . with the original thereof on file in my office. I further certify that said copy is a true and. correct copy of said or.iginal and the whole thereof. WITNESS my hand and the seal of the City of Saint Paul., Minr.e. _ . . . . 24th. . . . . . . December 85 sota this day of . . . . . . . . . . . . . . . .A.D. 19. . . . . . . . . . . C,��(:';f'�.r�:� . . . �: . . �;�'��::'. . . .. City Cleric. �� "'� �. �:�: , w:.__ .: ,, _,.::�:.�:,.:,;_ r , '� ` � .f� �_ . �t �; �f„�,,, .,,,� ♦ � ri � .<��C �tt as�_r,ti , � �:;.-..^�"`�s- �,} j � :.��.�� L . k,'i E.,�. � � �� t � tY1Y�l � 1 . �,�i i:' ' . (�; 'e „ . ...�"" .c , . r,r_r"t; C� r_.� r�r_i [., 4'>:; �`" � 't!�'_C.�=i�_, 't1!:::�_� � '._.1?�c.jt:�!l �.�j�#_Tti .,e_.r'- %�INK - FItVANCE GITY OF SAINT PAiTL Council ` CAN�ORY - Di'�ARTMENT F11C� NO. � ��/ P.t.UF_ - MAVOR - City Attny/PBB • • Councz ut on Grace Bldg. entry Presented By Referred To Co mittee: Date Out of Committee By Date BE IT RESOLVED, by the Council of the City of Saint Paul, that the City Clerk is directed to accept and keep on file that ce�tain Pedestrian Concourse Agreement, dated April 8 , 1981, between the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota; the City of Saint Paul; Wabasha Court Associates ; Joseph Geller, and the Estate of Jack N. Geller, attached hereto, which Agreement contains covenants and obligations relating to the' placement of a structure in the skyway area, which touch and concern the following described property in the City of Saint Paul: Lots 1, 2 and 3 , Block 7 , City of Saint Paul (St. Paul Proper) ; an d BE IT FURTHER RESOLVED, that the City C1erk is authorized � and directed to file a certified copy of this Resolution (with � attachments) in the Office of the County Recorder, Ramsey County. �"'� � - - _ _. _- - C''� :`� COUNC[LMEN Requested by Department of: Y�as Qrew Nays � Masanz In Favor Nicosia Scheibel �e+r� Against BY Tedesco W iison � DEC 5 - 1�8�J Form Approved by City Attomey Adopied by Council: Date Certified Passed by Council Secretary • By �-�'� B� .C�_ � Approved�y Mav : e ��'�� '—�� C � — �9 �J Approved by Mayor for Submission to Council By�.�. �� By P!�i�.�� U E C �. � 19�5 � _-�-�---..4„��-,.�t..--a...--�r � � �.�..�.�,...,.�,,,�.�.:�,�....::�.-��<.�.. _� . _ : ...,...�.�.:_._...�.�.,�.,:,.>.y.�,��:.�:�:�:�.�. . ;� CITY CLERK � . �---�_ February 24, lg 86 � 6ITY� (1F ST. PAUL ' �86 CITY HALL Number Instrument Descri tion ees Reso. 85-1618 Pedestrian Concourse Agr. - Access from - Grace Bldg. to skyway Contact Person T�dY RAMSEY� COUNTY RECORDER Phone Number 298-4231 gy � G1'lY UP" Jt�llvl r[i.ul, � � � � o` � �� Albert B: Olson �l,� n.�, I, . .. . . . . . . . . . . . . . . . . . . . .. . ..City Clerk of the ��r o � �� U� City of Saint Paul, Minnesota, do hereby certify that I have � �� compared the attached copy of Council File No. ,85�1618. ... . . . . . .. _. _ ___, .December 5, ----- -- - as adopted by the City CounciZ.. . . .. . . . . . . . . . . . . . .. . . .. . .19.85. . . � December 6, 85 and ap�roved by the Mayor. . . . . .. . . . . .. . . . . . . . .. .. . . . .. .19. . .. .. 1�1� � with the original thereof on file in my office. . ��/ �� ( I further certify that said copy is a true and correct copy /�� ' Q �J � � of said original and the whole thereof. U �. WITNESS my hand and the seal of the City of Saint Paul, Minnesota this . . . . .24th. . . . . day of . . . .�c�r. .. ...A.D. 19.85. . . . . . . . , ,''.;�'�%L� . . . ��. . .��-�::� . ... . City Clertc. �� . . .' ,' �, _ � , . ii ; � c� o � �`J o � � � � � z °i � � �o �, `C � �o� n c `�' �� Q' -� -+� r � v � m -< m v � � � n� � co -s z a � r � rn � c � r , � N y � � Q � � N ln N. N � N � N � � � � c-F � ro a �' o m � � � � � � � �. � . o o� rr � � O O � D 3 X � N � N -c ,`�C � f�D � 6 O n G c • s� z � � --� -G �' � N � � � rn o �' '� , o � �, m n '.�_ � O - � � � � � . �� T � r �p • fD ., t In . �" . _ �''.:f . . � �5-/�ai� A G R E E M E N T C . • . � THIS AGREEMENT is made and entered into this 8th day of April , , 1981, by and betweEn the � � HOUSING AND REDEVELOPMENT AUTHOP.ITY � OF THE CITY OF SAINT PAUL, MINNESOTA, C'"� . � a Minnesota public body corporate and ;"� politic, hereinafter referred to as C� the "HRA"; � . � and � CITY OF SAINT PAUL, a municipal corporation, hereinafter referred to as the � "City"; . and � WABASHA COURT ASSOCIATES, a general _ partnership consisting of Cyril Sheehy $ Roseville Associates Inc. , William R. Sheehy, . hereinafter referred to as �"�Uabas�a Couxt"; ;' . . � . . . _ and _ _ _- . _ - Joseph Geller, and the Estate of Jack N. Geller, hereinafter collectively referred to as "Geller" . WITNESSETH: � WHEREAS, there exists within the building owned by Wabasha �our} lorated generally on Block 7, St. Paul. Proper, a portion of the pedestrian skyway system at the second level; and WHEREAS, the building known as the "Gr�ce Building" owned . ' by Geller is adjacent to the building owned by Wabasha Court on Block 7; and WHEREAS, Geller is desirous of making �rovision for access to tenants of the Grace Building to said peclestrian skyway system � ' ` located in the Wabasha Court Building; and � � � �� .� . � �� _�- � . ; WFiEREAS, � the levels of the floors with:Ln the respective � Cl buildings are different in height, such as �`�.o require either � construction within the public easement, or major reconstruction � . �� within the Grace Building; now, therefore, BE IT RESOLVED BY AND BETWEEN TFiE PARTIES HERETO AS FOLLOWS: , 1. Geller, or tenants of Geller acting with the permission and consent of Geller, may construct a suitable stairway or access from the second Ievel of the Grace B�ui7.ding to and into the pedestrian concourse already exi�s.ting w:ithin the Wabasha � � Court Build'ing. 2. Design and construction plans for such access, whether already constructed or to be constructed, and any modifications , or a�terations thereto; shall be submitted to HRA and City for their approval. In the event the ARA and/or City disapproves of improvements or access already constructed, such construction • or improvements on the public easement right-of-way shall be . removed at. the expense of Geller within 15 days of written notice of disapproval by the HRA and/or City. ` , 3 , Any such access, stairway, or other improvenn�nt� constructed upon the public easement area of the pedestrian . concourse within the Wabasha Court Building are understood and ' � agreed .to be temporary in nature only, and shall be removed by Geller and/or tenants of Geller upon 60 days notice in writing by City and/or HF�A. Such removal shall be accomplished at the � sole expense and cost of Geller or tenants of Geller, and any � damage or reconstruction to areas �,�ithin th�e Wabasha Court Building shall be similarly repaired and re:stored to original ._ � .. . , " _ -3- . ��✓�� . condition at said Geller's or t�nants of Ge1.Ier's sole expense and cost. 4 . Neither Wabasha Court Associates, rior the City and/or G� aHRA, shall incur any cost or responsibility in connection with � construction of such access facility. Gelle:r agrees to indemnify � � the City, HRA, and Wabasha Court, and hold �hem harmless , against � all claims, damages, costs, expenses and/or ather liabilities which they might incur or become liable for as a result af or arising in any way ou� of the construction ��r continued existence of the access, stairway or improvements aut'�orized by this Agreement. . . HOUSSNG AND. REDEVELOPMENT AUTHORITY OF THE� CITY OF SAINT PAUL, MINNESOTA / , -- �. _. By . . zts �� ,/CSr�.e-t��-'`' By It --�� - -- ---- CITY OF SAIr�T PAUL � APPROVED AS TO FORM: s or . , /�• �' �!'Z'�2 BY /i"�• � �� G�. Assis ant C y Attorney ts Direct.or, Depar en f Planning - and Econornic Developme By . • Its irec�or, Department o Finance � and Manag�ment Services �� By � . . . . . i y er ._ �� . . . y�,�� . WABASHA COi;tRT SS IA ES C� � • BY C�I ' I ts �` t''� gy � its � C�F Josep Gel er '� -- ESTATE OF JACK N. GELLER By �' Li lian D. Geller � / ` THE FIRST TRUST OMP OF - SAINT PAUL By �� . ItS �ttl�E PJtE5�0EnT . . . . / �r ___ By Sherman Winthrop Personal Representatives� � of the Estate of Jack N. Geller � � . � ;� ' ! - �� 0 . 1 , ' J •. . . � • • � ��y��/�/� O �'. . _�/_ . \ O STrTy OF M�'�I�ES�mn ) ) SS. (�'j CCUi\TY Or RA.I�2SEY ) � . G j On this 30 day of � May � � , 1982 , before O ' � me , a Notary PuDl�ic within and for said County, aFgeared Terry McNellis and Delores Arduser • to me personally known, who, being eacn �y me duly sworn, did say t�at they are respectiveiy the Acti nq Executi ve Di rec#or Q;�� Assistant Secretary oi the FiGL'SI�IG A�TD �DE'�L�PM..EI�Im r`nLiHORITY OF TEE CITY OF ShT1T PAUL, :SI�TI`IESO�'A� a riin:nesota public • bocy corporate ar,d pol�tic, that . said instr.i:ic:e�t was signed bv � aLthority o� its Board of Co�issioners and said TerrY McNellis and Del ores Arduser acknowledged said instrument was the free act and deed c�f said corporaz=on. ..r..,...,..--.�---- � �""� VICTORIA M. MURRAY � �� IOTARY PUlLIC-MtNNESOTA . �`— RAMSEY COUN7Y�985 My�ommiasion expires Aug.i3, r . �� ,� :. . _.:.:.� � � . . � _ �j ��s,��.. _ -6 ("� STATE OF MSNNESOTA ) � ) SS. � � COUNTY OF RAMSEY ) � The oregoing instrument �was acknowledged before me this � �.� � day of , 1982 , by GEORGE LATIMER, Mayar of the CI21''Y"� � OF SAINT PA L, a municipal eorporation of the State of Minnesota, C'� on behalf of the City of Saint Paul. � C'= ° " ' � LEEANN TURCHfN � � . -!�• t� NOTARI'Pt76liC—�IlNNESOTA � � RAMSEY COIINFY � � � 61r Connn.E��s.A+rr 11.1987 � � Y i STATE OF MINNESOTA ) � ' ) SS. COUNTY OF R�MSEY ) The foregoi instrument was ac�wledged before me this � �'� day of /'�C;� . , 1982 , by Wm.""Q. Pa�ton, Acti ng Di rector for Planning a�id Economic Development for the CITY OF SAINT PAUL, a municipal corporation of the State `of Mirinesota, on behalf of the City of Saint Paul. � �r.�,w* iANh � f�. ROSciJARY FR��FTC - L��'-'� S�`� ivUTARY PU5.LiC—h'I�JYE50TA � �� , _RAMScY COUhTY _ ,., _ _ My Comm.Expires April 23,1987 ■ Y STATE OF MINNESOTA ) ) SS. COUNTY OF RAMSEY ) The foregoing instrument was knowled d before me this L�� day of , 1987 , by��-}G��u.. <�.�,t�j Director of Finance Management Services �for the CITY OF SAINT PAUL, a municipal corporation of the State of Minnesota, on behalf of the Ci�y of Saint Paul. �';� MARY HAYES ��• NOTART PUKIC—MMM/fSOiA kAMSEY C01.11JTY . µr��•xci••• na. 10,l967 • �STATE OF MINNESOTA ) � ) SS. COUNTY_ OF RAMSEY ) The forec�oing instrument was acknowledged before me this IP.�-- I day of , 198 2, by Albert O1son�City Clerk for the ' , CITY OF SA T PAUL, a municipal corporation of the State of Minnesota, on be �int Paul. ' SU�ANN�HURLEY `� . NOTARY PUBLIC—A4tNNESQTA RAt.4s"tY COUNTY My Comm.Ezpiros April 12.1988 . . � � • �� lv . �\� � ,. � 4 ' • � r"- � c? f � ` °' , ' � � r c) c `' x �, ,.�1 e ( �� w �� r.�-k.,� /�' ,� �� - . �F� .r ��.� t„ � � `, , �"1 ;!: � 1'� � � �f � w � � C �- �, � .\ ; . � , '� �' ..�_ - � � �� " w ti ., ; r , _ ``. -, � �l' �. ;. �� , _ � � _ � � � � �� i � \ ` ��\ :�.] fw �' �_ � � :.a N�� `A� � < »`, �A � r.. j U. �^ � � i t �-� � � �� t � s`- ,,� .}._ 'c?•� - ' . �!- ' . � �',;—/le/� � —�— � . � . � ;, . STATE OF MINNESOTA ) � Q� ) S S. � COUNTY OF RAMSEY ) C'? � On this 18th day of Februarv , 1982, before me, � a Notary Public within and for said County, appeared Wi11i�m R. Sheehy arid � . to me personally known, who, being each by me duly sworn, did say that they are respectively #�e a partner and of WABASHA COURT ASSOCIATES, a general partnership, that said instrument wa"s signed by- authority of its partners, arid said William R. Sheehv � and acknowledged said instrument was . the free act and deed of said partnership. ' � t " - - - - :�"~�'�, JEA►vNE M. HUEBNEq • � 1 t.�.i NOTARY PuB�fC-MINJVESOTA �� RAnns�r courvrr . . �+r c�m�:,�E„�m..:s.a,w.»ee C � � � ' ,� , -s- � (�}�,y� l�/� - STATE OF MINNESOTA ) � � ) ss. COUNTY OF ��-� ) 0 The foregoing instrument was acknowledged before me this ��/ day of , 1981, by JOSEPH GELLER. G'� d' ` , � otary Public � ��ww�nM„ � � SUSA;V R. LOUGHREA � ;`-y�•�:`� qGi4QY PUBLI� - �-f�'6 DL,KOTA COU�TY 07A STATE OF MINNESOTA � Ny Comm.Expires lune 19,1982 ' ) SS. � x COUNTY OF RAMSEY ) • x � The fore oing instrument was acknowledged 'before me this �,�� day of � , 1981, by LILLIAN D. GELLER as Personal Represen tive of the . ESTATE OF JACK N. GELLER. � • � Notary Pub ic .. �- � � : . �� SUSA,v . (};!-� ' R LO REp, _ �'"'`E�'`�- NQ'.QRY PU��fC�- KTKNESOTA . _ ��-' dl,KOTA COi1�JTY STATE OF AIINNESOTA ) t•.y Comm.Exp:rcs�une 19,1982 • ) SS. � � COUNTY OF RI�MSEY ) The forego' ins ument was acknowledged before me this �`� � day of � , 1981, by w.�. KocHS�EK � , ��►+ES�pE� , of FIRST TRUST COMPANY OF SAINT PAUL, on behalf of FTRST TRUST '� COMPANY OF SAINT PAUL as Personal Representative of the ESTATE OF � � JACK N. GELLER. � . . ,�'�,, LORRAINE ROBEY ?Q+=`"` NOTARv PUBLIC—N,IhN"c50TA ![!fZ� ' '��li., R;,NSEV couraTV tary Public ��p(.�mmiss�c�E:G�ies p.,��' 18. 15E6 Y WV'NVW`NJJti�`" �,n,r�. . STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this a�..�i , day of y�-�� , 1981, by. SHEFtMAN WINTHROP as Personal Repre- sentative of the ESTATE OF JACK N. GELLER. �. * ,��, Si1SAN R. x ' Y��:;�: LOLI�HRE,q �r,,� ��oT�F- t(�gL►C- MINNESOTA NQta� Public ��'� DfiKOTA ��Y Comm. �QU�� , _ � �P:res luna 19.1982 �1 � ✓