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278855 WHITE - CITV CLERK ������ PINK - FINANCE G I TY OF SA I NT PALT L Council CANARV - DEPARTMENT BLUE - MAYOR File NO. • � RETURN COPY TO VALUATIONS DNISI�OZL C Re ZO Presented By Referred To Committee: Date Out of Committee By Date WF�REAS, The Port Authority of the City of Saint Paul and the Chicago and Northwestern Transportation Company are owners in fee of separate parcels of real property as indicated by the attached Exhibit A; and WI�REAS� The Port Authority and Chicago and Northwestern Trans- portation Company have agreed to grant to the City for storm and sanitary sewer purposes, an easement in said proper ty. NOW TI�REFORE BE IT RESOLVED that the proper City officials are hereby authorized and directed to accept on behalf of the City an easement in such property for the purposes mentioned hereinabove, in a form approved by the City Attorney. �� ..����r�,,� --�, s COUN;�ILM�N Yeas : F�g�he1'=`; Nays Requested by Department of: ` Cevine; ;2; � Fi ce and Managem:ent Services . ���:, � In Favor ` N�� � ' � Against BY ector � Scheibet'. � - -- — ; T�; � . ,�; > ` w�°�'.:: p JUN 1 7 1982 Form Ap c;cY a,ct Adopted:by Counci : Date . ���� Certified Pa• ` Council S et _ ' , By, :. Approve by � Date ��N�'�- O 198 App v8d by Mayor for Su mi � ion o Council �Y - Q – gy �� '� '�"� .�; �ueusH �N 2 61 2 � o----:-r - , . � GRANT OF EASEMENT� •FOR STORM ' AND SANITARY SEWER PURPOSES � 2'����� THIS INDENTURE made this day of , 1982, by and between the PORT AUTAORITY OF THE CITY OF SA Il�TT PAUL, a public body corporate and politic of the State of Minnesota, the CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY, . a Delaware corporation, (hereinafter jointly referred to as the "Grantor") , and the CITY OF SA INT PAUL, � MINNESOTA, a municipal corporation (hereinafter referred to as the "City") . WITNESSETH: WHEREAS, the PORT AUTAORITY OF THE CITY OF SAINT PAUL is the owner in fee simple of that parcel of land situated in the County of Ramsey, State of Minnesota, described as follows, to-wit: All that part of Block K, St. Anthony Park, described as follows: Commencing at the point of intersection of the centerlines of Wycliff Street and Bradford Street; therice N 53° 21 ' W, along the centerline of Wycliff Street, 325.00 feet; thence Northerly on a tangential curve to the right (central angle 90° 00' and radius 225.00 feet) 353.43 feet; ' thence N 36° 39' E, tangent to the last described curve, 101.02 feet; thence N 53° 21 ' W, 33.00 feet; thence N 36° 39' E, 216.68 feet; thence northeasterly on a tangential curve to the right (central angle 61° 03 ' S1" and radius 333.00 feet) 354.90 feet; thence northwesterly on a curve ' to the left, said curve being 30.00 feet southwesterly of and concentric with the northeasterly line of said Block K, (central angle 0° 48 ' 03" and radius 2784.93 feet) 38.93 feet to 'the point of beginning of the tract herein described; thence continuing on the last deacribed curve (central angle 9° 31 ' 45" and radius 2784.93 feet) 463.17 fe�t; thence S 15° 14' 48" W, 122.44 feet to a poi�t in the southwesterly line of said Block K; thence southeasterly along said south- westerly line, on a curve to the right (cen�ral angle 0° 10' 25" and radius 2664.93 feet) 8.08 feet; thence N 27° 08 ' 04" E, radial to the last described curve, 2.00 feet; thence south- � easterly along the northeasterly line .of the southwesterly _ 2 .00 feet of said Block K on a curve to the right (central angle 6° OS' 39" and radius 2666.93 feet) 283.67 feet; thence on a curve to the right (central angle 28° 36' 30" and radius 356.46 feet) 177.98 feet to the point of beginning; � and Tract B, Registered Land Survey No. 307, files of the Registrar of . Titles, County of Ramsey; and That part of Lot 13, Block 3, Rearrangement of Blocks 62, 67, � 68 and Lot 1 of Block 75, St. Anthony Park, according �o the recorded plat thereof, described as follows: Beginning at the northeasterly corner of Tract B, Registerec] Land Survey No. 307 ; thence S 06° 45' S7" W, 11.83 feet along the easterly line of said Tract B; thence northeasterly 16. 59 feet on a non-tangent _ � ') y �'�U ,.� , O` curve, concave to the southeast, radius 333.00 feet, centra�l angle 02° 51' 18" , chord bearing N 52° 35' 37" E; thence westerly 11.91 feet along a non-tangent curve, concave to the south, radius 416. 50 feet, central angle O1° 38 ' 15", chord bearing N. 81° 38' 15" W, to the point of beginning. and WHEREAS, the CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY is the owner in fee simple of that parcel of land situated in the County of Ramsey, State of Minnesota, described as follows, to-wit: The private railroad alley lying northerly of Block 3, Rearrangement of Blocks 62, 67, 68 and Lot 1 of Block 75, St. Anthony Park, according to the recorded plat thereof; . and � Tract B, Registered Land Survey No. 340, files of the Registrar of Titles, County of Ramsey; • and All that part of Block K, St. Anthony Park, Lot 15, Block 2, Rearrangement of Blocks 62, 67, 68 and Lot 1 of B1ock 75,St. Anthony Park and the strip of lana lying between said Block K and Lot 15, described as follows : Commencing at the point of intersection of the centerlines of Wycliff Street and Bradford Street; thence N 53° 21' West, along the centerline of wycliff Street, 325.00 feet; thence northerly on a tangential \ curve to the right (central angle 90° 00' and radius 225.00 feet) 353.43 feet; thence N 36° 39' E, tangent to the last \\ described curve, 101.02 feet; thence N 53° 21' W, 33.00 feet; �� thence N 36° 39' E, 216.68 feet; thence northeasterly on a � tangential curve to the right (central angle 26° 28' 28" and �Yadius 333.00 feet) 153.87 feet to a point in the southerly l�ne of said Lot 15, said point being the point of beginning of the tract herein described; thence westerly on the southerly line of said Lot 15 on a curve to the left (central angle 10° 16' 11", radius 452.50 feet and chord bearing N 81° 07 ' 41" W) 81. 11 feet; thence northeasterly on a curve to the left (central angle 12° 25' 47" , radius 327 .27 feet, and chord bearing N 73° 26' 26" E) 71.00 feet; thence northeasterly on a reverse curve to the right (central angle 28° 50' 30", radius 356.46 feet and chord bearing N 82° 26' 28" E) 179.43 feet; thence southeasterly on a curve to the right (central angle 0° 48' 03" anc3 radius 2784. 93 feet and chord bearing S 53° 37 ' 17" E) 38. 93 feet; thence southwesterly on a curve to the left (central angle 34° 35' 22", rac3ius 333.00 feet ana chord bearing S 80° 25' 10" W) 201.03 feet to the point of beginning, except Tract B, Registerea Land Survey No. 340. and WHEREAS, the City desires a storm and sanitary sewer easement under and through a portion of the above-described properties; and WHEREAS, the Grantor desires to grant unto the City certain storm and sanitary sewer easements as set forth more particularly herein, ta satisfy the needs of the City• � . -2- _ „�, � , `.� . , I,����V NOW THEREFORE, IT IS HEREBY MUTUALLY AGREED T0, by and betw�en the parties to this instrument as follows : 1. The Grantor, in consideration of the 'sum of One Dollar ($1.00) and other good and valuable consideration, to it in hand paid by the City, receipt and sufficiency whereof is hereby acknowledged, does hereby. grant unto the City a perpetual storm and sanitary sewer easement under and through the following described parcel of land, the location of which easement is described as : Beginning at a point on the Northwesterly line of Tract C, said Registerea Land Survey No. 307, distant 22.84 feet Southwesterly, as measured along said Northwesterly line, from the most Northerly corner of said Tract C; thence North 35° 33 ' 03" East (assuming the East line of said Tract C as bearing North 6° 45' 57" East) a distance of 212.46 feet; thence North 61° 1Q' 48" West 325.12 feet; thence North 15° 14 ' 48" East .19.45 feet; thence South- easterly 502.10 feet along a non-tangential curve concave to the Southwest having a central angle of 10° 19' 48", a radius of 2784.93 feet and a chord bearing South 58° 23 ' 10" East; thence Westerly 26.44 feet along a non-tangential curve concave to the South having a central angle of 4° 32 ' S4", a radius of 333.00 feet and a chord bearing North 84° 33 ' 33" West; thence North 53° 38' 07" West 107. 76 feet; thence South 35° 33 ' 03" West 112 .34 feet to an intersection with the extension Northeasterly of the Northwesterly� line of Tract C, said Registered Land Survey No. 340; thence Southwesterly along said last described line and its extension to the most Southerly corner of said Tract B, Registered Land Survey No. 340; thence Southwesterly along a curved line concave to the Southeast having a rac]ius of 333.00 feet to the point of beginning. • 2 . It is further mutually agreed upon by and between the parties to this •instrument that the fol�lowing conditions and reservations, as to the above described easement area, shall be maintained : a) The City maintains the right to maintain and operate storm and sanitary sewer service connections under and through the easement area described herein, and to enter upon such property or any portion thereof at any time and from time to time for the purpose of reconstructing, inspecting, main- - taining or repairing same. b) The Grantor, its successors and assigns, shall make no change to the existing grade within the easement area without prior approval of the City, (excepting as it pertains to reconstruct- ing and/or maintaining existing rail trackage. ) c) The Grantor, its successors and assigns, shall construct no building or other permanent structures within the easement area, (excepting as it pertains to reconstructing and/or maintaining existing rail trackage. ) d) The Grantor, its successors and assigns, shall make no change to the existing surface within the easement area without prior approval of the City, (excepting as it pertains to reconstruct- ing and/or maintaining existing rail trackage. ) -3- , � , , . . ����t�� e) The Grantor, its successors and assigns, shall fully indemnify, defend and save harmless the City, its officers, agents, employees and servants from all suits, actions or claims which may arise from any injuries or damages received or sustained by any person, persons or property by any break or leak in any service pipe, main or connection in said dedicated easement. IN WITNESS WHEREOF, THE Grantor have hereunto set their hands and seals on the day and year first above written. _ > In the presence of: PORT AUTHORITY OF SAINT PAUL By Its . By Its (Seal) In the presence of: CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY By Its By Its (Seal) -4- .___ _ _ . __ __ .. ._ ...__ . . ..,.. _.._ .. _ __ _ _ __ _ _ __ __ _ _ . , � 2'����� � - . EX H 18 I T ._._. PREPARED FOR HOUSING AND R�DEVELOPMENT AUTN�R!TY � N,So,�� \ ST. PAUL, MINNESOTA . /945�' �. - \ ' �A \ � ` \\ 1' � . \�� ``�� _' � ° y���� 4�O�ss��',,+;�� i°�j..r'-. ' ��`r'o�� F � s�y io.�Ps \ ��t� � �l"\ ' ` �/�,t �^,f� r,, ;,+ T\ . "� -�. --r:- � '}=� "�`'%'`\ 1 - "�;'' _ ,..r- .� \ � ::�,�p ,�,�5�'��� � \ ��\` ' . , � � ` �,�'� %�'` � ,.m�'�'r'�� � , r��A,�I'�~.I ' \ �/�� ,�, . . ` ';). �,_:. �r�^, /\ \. '7r� < �, t► y � \ \` .•� .i. ��^ / ��� r L''.� '��,��� �('� �0� �`' \ ^•,. � �-� ��;. IS \ ,;.�, ,� �. • ..T i: t '��.5 '�,;{— =./ �;.•;:�' �' � j` 16.¢¢� -_.. '`� „ ,•v,�'. - / }, -, � a. 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Tor�6�7'];P)ei� / SH£�T / �'2 .Sa'/E�7S � , DFPARTI�T s Fi�saaee & l�anagemerrt 3erv •� • ROUTING an�D EXPtAI�ATI�N SHEET coNTAGT: J. wm. Donovan June 10, ].y�2 GREEN SHEET p�ppE: _ l For adminfszrative Orders, Resolutions, Ordinances and rlgreements y RouTtr�c ORDER - ROUTE SY ASSIGNE� NUMBER; pIRFCTOR OF MANAGEMENT MAYOR DEPARTMENT DIRECTOR DIRECTOR, FINANCE c� MG7. SERVICES CITY ATTORREY CI7Y CLERK BUDGET DIRECTOR A Ti N R �L1 ST � � -tIP ALL LaGATIONS FOR MAYORQL SiGAL4TURE�t Acce�ptance of an easement from Chicago. Northwestern Railrc�d �JAT NILL BE ACHIEVEjl, BY,,,TAKING ACTION OM THE ATTACNED MATERiALS �PjlRPOSE AND RATIONALE)�; Ea.sement is necessary for storm sewer purposes. � . CJ- • � .7�„� - EtNAN[tA , B ID. TARY AND P QSaNN IMPACTS �NTiC1PATE�; e 1 0",�` _ � � I�011@ ATTACHME"JTS �LIS� ALL ATTACHMEiVTS): 1. Map 2, Reaolution 3, Copy of easement :.'(,' �,QG�,1Q �?.L'C2.'V il'LCt�:SS4.i.lf �0•i cL�QC�UO2/Li. 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