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277259 PINK - FINANCE ! ^ � CANARV - DEPARTMENT `,) 1 'r� l/r SA I N T I�A i.T I, COU(IC11 �}�y BLUE -,� MAYOR File N O. /. .' �� / City At�ny/PBB • • �' '�'` . . . lutzon _ . , Presented f3y Referred To Committee: Date Out of Committee By Date ,. i 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 Midwest Federal-HRA Skyway Agreement, dated April 30, 1981, between the Housing and Redevelopment Authority of the City of Saint Paul, Minne�ota; the City of Saint Paul; and Midwest Federal Savings and Loan Association of Minneapolis, attached hereto, which Agreement contains covenants and obligations touching and concerning the following described property in the City of Saint Paul: Lots 3, 4 and 5, Block 19, City of Saint Paul (St. Paul Proper) ; and � BE IT FURTHER RESOLVED, that the City Clerk is authorized •� and directed to file a certified copy of this Resolution (with � attachment) in the Office of the County Recorder, Ramsey County. � . � � � ; ; � � COUNCILMEN Requestgd by Department of: . Yeas Nays Hunt �evine In Favor —1VladdeM � McMahon Showalter A gai n s t BY �sdeeoc "dYtfson AUG �- 1 1981 Form App oved by Cit Att ney Adupted by Council: Date . Certifif�d Pa .r� by Council cre BY � �° �� B}' r Ap by 17avor. Dat ` H� 10Qf Approved ayor for Sub iss n t Council �v�►-- B� _ gy �.��1 ,� (�li'l. I � . i 'P , r TIIDWEST FEDERAL - HRA SKYWAY AGREEMENT � �� THIS AGRE�MENT is made and entered into this 30th day of April , 1981 by and between the HOtJSING AND REDEVEL- OPMENT AUTHORITY OF THE CITY OF SAINT PAUL, A4INNESOTA, a Minnesata . public hody caroorate and politic, hereinafter referred to as the � "HRA" ; the CITY OF SAINT PAUL, a municipal corporation, hereinafter �. � referred to as the "City"; and the MIDWEST FEDERAL SAVINGS AND r-1 LOAN ASSOCIATION OF MINNEAPOLIS, a corporation organized and � existing iznder the laws of the United States, hereinafter referred to as "P�idwest. " ��TITNESSETH: WHEREAS, the City and the HRA, through the Downto�rtn Urban Renewal Project, Minn. R-20 , undertook to develop a pedestrian skyi��ay system within the Downto�•m Central Business District, hereinafter referred to as the "System" ; and _ . WHEREAS, the City, pursuant to Chapter 764, Laws of P�innesota 1973, is authorized to operate the System; and WHEREAS, Pdidwest is the owner of certain improvements located generally on the north-westex'ly portion af that Block bounded by P�tinnesota, Cedar, Fourth and Fifth Streets, more particularly described as Lots 3 and 4, and the northerly I25 feet of Lots 5 and 6 , Block 19, City of St. Paul (St. Paul Proper) , which improve- ments are hereinafter referred to as the "i�iidwest Federal Fuilding" ; and F9HEREAS, an extension of the System through the Mid�aest Fecleral Buildinq from the St. Paul P_thletic Club Buildina on the south, to the North��estern rlational Bank Building on the north, has been � o� I ;. ' � � -2- :. ��,`�� approved as part of tYie Seventh Place Redevelopment Project Plan which plan was approved by the Council of the City of Saint Paul on December 5 , 1978 in Council File No . 272155, and has been fiied with the City Clerk of the City af Saint Paul; and � WHEREAS, a skyway bridge over Fifth Street connecting the �� . a��, P�idwest Federal Building and the Northwestern National Bank �,? Building, together with vertical access facilities and stairway � within the Mid�aest Federal Building, has heretofore been con- structed; and WHEREAS, a pedestrian concourse gassageway through the second ' floor of the Mid�aest Federal Building has heretafore been constru- cted and has been in use, linking the St. Paul Athletic Club with the skyway bridge over Fifth Street; and WHER£AS, the existing passage�aay and vertical access facilities and stair��ay are in the priva�e ownership of P�iid4vest and the parties are desirous of providing a public pedestrian easement through ther� as hereinafter provided; NOW THEREFORE, BE IT RESOLVED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: ' DEFINITION ' 1. The words "pedestrian concourse, " "easement area, " ; "pedestrian easement, " and "public easement, " wherever used in this Agreement, shall mean and include the second floor corridor or concourse within the P�Iidwest Federal Building, the vertical access� facilities and stazrway within said Building, and the ground le�relj access within and without said Building leading to the public sid�- walk on Fifth Street, all of which are as shown and �escribed on i Exhibit A attached hereto. � ' 3 made for the sections of the skyway SySt�M within the Northwestern National Bank Building, the St. Paul Athletic Club, the Minnesota ? � , , ; � � - ' —3— . �..��r"�s'�� EASEMENTS AND HOURS 2 . Midcaest hereby agrees to grant to the City a publ�c �j easement for the pedestrian skyway system through the Midwest �• :D Federal Building, all as described and in accordance with Exhibit C� � A attached hereta. Said easement to be granted by Midwest shall � � be in the form attached hereto as Exhibit A and shall. grant ta the public the right of use of said pedestr�.an skyc�ay system through the Midwest Fed�ral Building for purposes of pedestrian ingress, egress and transit, except for such reasonable �olice measures regarding open hours and closing all or part of the concourse to public use through said Building as the City may, by .ordinance, from time to time determine, or regarding public conduct therein as may be prohibited by skyway ordinance, as it may be amended from time to time. It is agreed by the parties that the necv pedestrian easement provided for in the Midwest Federal Building shall be open for public ingress , egress and transit from 6: 00 a.m. to 1 : 30 a .m. , Monday through Satarday, including until 1: 30 a.m. Sunday mornings; and, at the option of St. Paul Joint Venture (as owner of the Radisson St. Pau1 Hotel) , for such additional hours between• 6 : 00 a.m. on Sundays and 1: 30 a.m. Mondays, as may be designated on t�ao weeks priflr written n�tice by St. Paul Joint Venture to City, HR�1, and Mid- urest, but only in the event 5imilar designa-cions a-re concurr�ntly made for the sections of the skyway syster.iv��ithin the Northwestern National Bank Building, th.e St. Paul Athletic Club, the Minnesota � � , -5- or otherwise made available to second parties, or any one of them (within the meaning of Chapter 272 .01 (2) of P�innesota Statutes) , it being understood that said skyway bridge is intended to benefit the public generally. � �M, �,. �� OPEFtATION, r1AINTENANCE AND REPAIR :� � o . Midwest hereby agrees to provide all repairs and mainten- � ance to maintain the pedestrian concourse in or on the Midwest Federal Building to a reasonable standard of safety and cleanTiness and to provide operating costs for said pedestrian concourse. HRA and City shall be furnished with plans and specifications for all additions, alterations or repairs and replacements to the pedestrian concourse, which plans and specifications sha11 be subject to their reasonable and timely apnroval or disapproval before commencement of the work contemplated therein. Lack of action to approve or disapp-rove within 14 days shall be deemed approval . 7. If Midwest shall fail to undertake reasonable maintenance, operat�on or repair of the pedes-trian concaurse areas through the P�Iidwest Federal Building within 30 days after receipt by trem of written demand from the City, the City may undertake . said reason- I able and necessary maintenance, repair and operating tasks, and the costs incurred by City for said maintenance, repair and operation shall be assessed to and shall be paid forthwith by Mid�aest or its � surety as anplicable; provided, ho:aever, that the City retains the right to assess such costs ac�ainst rlidwest as a local improvement in the manner provided by law. � � :� �. �7 7a.�� -6- � 8. The �edestrian concourse which is the subject of this Agreement shall not be operated for the purpose of advertising the name of any product or business or any other commercial purposes other than for or on store fronts in the pedestrian 1rJ concaurse. Any ne�a store front signage shall not project out �� from the wall into the easement area except as subject to the �" � reasonable approval of HRA and/or City before installation. � Nothing herein contained shall prevent the installatian and main- tenance of skyway directional sign (s) . Al1 new signage shall be subject to review and approval by the City prior to sign con- struction and installation. All signaqe existing and/or in place at the time of execution of this Agreement is hereby approved and may remain in place . SURETY BONDS AND INSURANCE � 9 . Insurance required hereunder for hazard and liability for the areas designated as easeme.r.ts for the pedestrian concourse shall be a maintenance cost to be assumed by Midwest. 10. Midwest shall furnish and maintain public liability ir�surance coverage for the pedestriar� concourse with" a duly licensed insurance company, wherein the Ci.ty and HRA shal.l be designated as additional insureds, said insurance containing the follou�ing minimum coverages: for property damage to the extent of $200, 000 . 00 in any single accident; ior personal injuries, including death, $500, 000 . 00 for each occurrence. Such minimum ar,tounts shall be subject, upon 60 days notice, to reasonable � ; �, -?- change by official action of the Council of the Ci.ty of Saint Paul, in the event statutory municipal liability limits are altered by � legislation or judicial decision at any time after the date hereof. � � CHANGE IN LOCATION � P'S � 11 . P�idwest has the right hereunder to change the lacation of the public easement or any portion thereof, conditioned upan the grant of a new public easement and the construction of Mid�aest of a new pedestrian concourse which rePlaces that portion chanqed, and permits and provides for the continuity of the System. All the cos�s and expenses entailed by such change of location shall be borne by T�idwest. Such right to change loca-L-ion is further conditioned that no change shall be made witho�zt approval of the HRA, sucn approval not to be unreasonably withheld; and that said new easement a.rea shall be surveyed and descri�ed by a registered land surveyor at �he expense of Midwest. The grant of new easement shall be in the form as provided in Exhibit A. The HRA shall not be required to approve �the change unless the new pedestrian concourse and corresnonding public easemen� contain at least the same area and dimensions as the existing easement; and �aill be of the same character, guality and functional characteristics of the existing concourse . BINDING OBI,IGATIONS 12. The parties agree that in the construction, maintenance, �epair and operation of the pedestrian concourse, they shall be bound by all City codes and ordinances governing the 5ystem insofar as applicable. 0 � - � -8- - . 13 . The respective rights and obligations of the parties set forth in this Agreement shall �e binding upon and inure to � the benefit of the respective parties , their successors and assign� , �-r: %� and shall continue in force and run with the land until such time '�`' C1•? as said System or that part herein is �acated or abandoned in the � � manner permitted by law, or terminated in accordance with tne Grant of Easement. 14. This Agreement shall surt�ive conveyance and delivery of the Grant of Easement provided for herein and shall not be considezed merged therein. 15. P�idwest reserves unto itself, its successors and assigns , the unconditional right and privilege of selling, conveying and transferring its abutting and/or encumbered or involced real estate herein and assigning and transferring this Agreement. In the event of transfer oi its interest in the property, Midwest, its successors and assigns, shall be free.d and relieved, from and after the date of such transfer, of all liability as respects the performance of any covenants or obligations on the part of Midwest contained in this Agreement thereafter to be performed provided that the transferee fully and without limitation assumes in writing alI duties , respon- sibilities and covenants of Midwest, its successors and assigns , under this Agreement. 16 . The obligations and duties contained in this Agreement shall become effective and binding upon its execution by the parties. 9 -9- 17 . Any notice to the parties hereunder sha11 be considered sufficiently delivered if mailed, by registered or certified mail, � postage prepaid, as follows : � �� a. City of Saint Paul C�; Donald Nygaard, Director �"� Department of Public Works `'� 6th Flaor, City Hall Annex 25 West Fourth Street Saint Paul, Minnesota 55102 and Rene��al Administra�or � HRA/City of Saint Paul, Minnesota 12th Floor, City Hall Annex 25 West Fourth Street Saint Paul, P�linnesota 55102 and City of Saint Paul Bernard J. Carlson, Director . Department of Finance and Management Services Room 234 , City Hall Saint Paul, Minnesota 55102 b. To: Midwest Federal Savings and Loan Association of Minneapolis Senior Vice President - Operations 801 Nicollet Nlall Minneapolis, Minnesota 55402 � A part_y may, by written notice, designate a different address to which notices to it shall be directed. SAVINGS CLA[JSE 18 . Nothing contained in this �greement shall be construed to amend, alter or modify in any way, any of the provisions or obligati �ls contained in or imposed by the General Policy Statement- Pedestrian Concourse System, Downto��rn Urban Renewal Project, Minn. J� I ' Y ��O Y Y � � R-20, to the extent any of such provisions or obligations may be �: � applicable . � However, in the event of a direct conflict between any of the provisions in this Agreement and said General Policy Statement, this Agreement shall be controlling. � �� -11— I�'� �' �.D �"' biIDWEST FED�RAL SAVINGS AND � LOAN ASSOCIATION OF MINNEAPOLIS � � By Its . ni r esident B�-- ` >//GT�.�C-�-� Y I S SECRETARY , I � .. '; -12- _ � 'C�: :� C� HOUSING A EVELOPI�IENT AUTHORITY � OF THE C S AUL, MIDINESOTA � � By I S airperson � � Bv : Secretary � APPROVED AS TO FORM CITY UF SAINT PAUL ' .�. � B ¢'��i -b� � I s P� r By - Its D r ctor, ari�ment of P n � .onomic DEVelopmeilt By ��Its Directo Department of Finance an anager.lent Services By �� Its City Clerk 7 I I �� ,{� STATE OF MINNESOTA ) �*: ) S S. '.Z9 COUNTY oF HENNEPIN ) � � � On this 30th day of Apri 1 , 1981., before me, � a Notary Public within and for said County j appeared Robert J. Zel ler and Charlotte E. Masica , to me personally known, who being each by me duly sworn, did say that they are respectively the Senior Vice President and Secretary of MIDWEST FEDERAL SA�rINGS AND LOAN ASSOCIATION OF NIINNEAPOLIS, a federal savings and loan association, that said instrument was signed by authority of its Board of Directors, and said Robert J. Zeller and Charlotte E. MdsiCa acknowledged saic3 instrument was the free act and deed of said corporation. Notary Public KAR£N MAR'TICNUSt(I �'i ' 11pTARV PUBLIC-MINNESO'�A � i RAMSEY COUPdT`r ��rtisa�n EAprms le�Y Yi,l'.�S ��na�� * ` �� STATE OF MINNESOTA ) ) SS. COUiJTY OF RAMSEY ) On this 20th day of April , 1981, before me, a Notary Public within and for said County, appeared - R. Maddox and william L. wilson , to me � personally known, who, being each by me duly sworn, did say that f �`' � � they are respectively the Chairperson and . � � Secretary of the HOUSING AND REDEVELOPAZENT �°I � AUTHORITY OF THE CITY OF SAINT PAUL, MINNESOTA, a Minnesota public body corporate and politic, and that said instrument was signed by authority of its Board of Commissioners and said �' R. Maddox and william L. wilson acknowledged said instrument was the free act and deed of said corporation. ,�'�°�� - � � �� G�'�%� - t „ .�A��V�.hrc4'�� 1 ._�. . .,.. ��.��".'..nr t: . ,.. , _'_,.. r ��..,�r.. 'C��. ...c . `�\ '� t� `(��': ., . �. ��-� t, • r.;y co„.m__;:;,�,,,�_ . . _, _,>� � 'G!�I V flVti"��/��✓\/VV�✓`.��:!`.��'J'd V�'.i�'✓'vV\'�'v:/'��i9 /� I • � STATE OF i�IINTIESOTA ) . ) SS . . � COUPJTY OF RAIvISEY ) � The f re o' g instrument was ackno��ledged before me this c� y , 19 , by GEORGE LATIPJIER, Mayor of the da of CITY OF SAINT PAUL, a municipal corporation of the State of Minnesota, on behalf of the City of Saint Paul. � r L�EANN IURCMIN v 1�.�-�^- �' � NOTARY PUBLIC—MFINt�SOTA RAMSEY COUNTY � j!', � Mp�1p�nm.E�pires June z l,1987 � � STATE 0 � ) SS. � COUNTY OF RAMSEY ) � . '"� The f egoing instrument was acknowledged before m.e this v�� day of , 19�, by JAr4ES BELLUS, Director of Planning. and Econ � c Development for the CITY OF SAINT PAUL, a municigal corporati n of the State of Minnesota, on behalf of the City of Saint Paul. � r �+Cc'�s��r j/�'��'�� . STATE OF MINNESOTA ) � ;: . _ ) SS . r:� r _. _ _ COUNTY Or R�-�tvISEY � �:uvv�ti ,,:� :�.:�.� �:.r,.. ,. : The foregoing instrument was acknowledged before me this ;l.O�v day of , 19 `�I , by BERNARD J. CAFZLSON; Director of Finance and Manaqement Services for the CITY OF SAINT PAUL, a a municipal corporation of the State of biinnesota, on behalf of the City of Saint Paul . i l�, . � . JEANNE M.ANDERT �-' NOTARY PUBLIC—MINNESOTA STATE OF MINNESOTA ) �,. RAMSEY COUNTV , S S. My Comm.Expires AQri�10,1987 COUNTY OF F�IMSEY } " � � " �- � '�� The foregoing instrument was acknoT,aledged� �'efore me this �� da of , 19�_ by "^-��-�X, City Clerk for r�2-- y the CITY OF S T PAUL, a municinal corporation of the State of Minnesota, on ehalf of the City of Saint Paul. �� a � �� : �� I6 � - . � � � � �s� . GRANT OF EASEMEr1T � �JHEP.EAS, MIDtidEST FEDERAL SAVINGS AND Lv�1N A5SOCIATION OF MINNE- APOLIS, a co.rporation organized and existing under the la�as of the United States, hereinafter called "Grantor" , is the owner in fee of that certain land situated in the City of Saint Paul, County oF Ramsev, State of Minnesota, more particularly described as Lots 3 � and 4, and the nartherly 125 feet of Lots 5 and 6 , Biock 19, City of � Saint Paul (St. Paul Proper) , hereinafter called "Grantor' s Property"; � � � and �dt-iEREAS, Grantor has agreed pursuant to that Agreement dated April 30 , 1981, by and among the Housing and Redevelopment authority o� the City of Saint Paul, Minnesota, the City of Saint Paul , and the Grantor herein, to grant to the City of Saint Paul a puhlic pedestriar� easemer.t for a second floor level pedestrian way, with vertical access and connecting groun3 level easement, also described as ihe Skyway Bridc�e an�. Pedestrian Concourse System, through Grantor' s Pr.operty. NO�^?, Tt�EREFORE, in pursuance of that Agreement, ar.d in consid- eration of the sum of ONE DOLLAR ($1 . 00) and other valuable �,onsideration, the receipt and sufficiency v�?hereof is hereby acknowledged, Grantor, for itself and iis successors and assigns , does hereby grant unto the CITY OF SailvT P�UL, a Minnesota municipal corporation, a pedestrian easement for the SYyway Bridge and Pedestrian Concourse System for th� use and benefit of_ the nublic as a public way and for publ�c inoYess, egr.ess and transit in and through that part of_ the Gra�xtor ' s Yro�Ert� ancl t?z�� structur�s thereon, described as follows : A. DESCRIPTIUN: (Second floor Midwest Federal from St. Paul P.-thletic Club northerly to the southerly line of walk.eay boundary described b�low at B. ) I�terior walkway easement over and across -that par} of L;o�.; 4 anu 5 , Block 19, City of St. Paul (St . Paul Prop�r? lying �•�ithin the followina described 1in2s : Commencing at the NortheastP�ly corner of sai� Block 19; thence N 89°28 ' 57" �a (assumed bearing) along the Northerl�� litie of said B1ock 19 a distance oi 138 .26 feet; thence S � 0°:�l ' 03" 4a 11.20 feet to the point of bec�innirig of fEet.lines to be herein described; thence N 89°28 ' 57 " 6a 11 .8d thence S 0°36 ' 32" W 0 . 90 feet; thence rl 88°53 ' 14 " w 1. 62 feet; thence S 0°36 ' 32" W 7 .75 feet; thence S 88°53 ' l�" E 5 . 11 feet along thF� face of the disPlay case; thence S 0°31 ' 03" W , 3 .00 feet; thence N 89°28 ' 57" �^7 0 .6?. feet; thence S 0°27 ' 54" ��J 98 .28 feet; t:�ence S 89°28 ' 57 " E 0 .18 feet; thence S 0°31 ' 03" V�l 6 .61 feet; thence S 89°28 ' S7" � 0 .70 teet; thence S 0°31 ' 03" W 7 . 04 feet to the common property line between Midc•�est Federal and th�� St. Paul Athletic Club; tt�ence S 89°28 ' 57" E 7 .92 feet alo:�g sai� common property line; thence N 0°31 ' 03" F. 21 .75 %eet; thence N 89°28 ' 57" �•7 0 .73 feet; thence N 0°31 ' 03" E 84 .57 feet; ther_ce S 89°28 ' 57" E 2 . 5 �eet; thence �I 0°31' 03" E 7 .62 feet; thence N 89°28 ' 57" �^1 2 .5 feet; thence N 0°31 ' 43" E 2 .0 feet; - � thence S 89°28 ' S7 " E 0 . 79 feet; thence N 0°31 ' 03" E 7 .67 zeet >7 E�cN�BiT �- C co�.s�st�KU n{ q P�� . , -2- to the point of beginning. Subject to existing ash trays, light switches, elevator and elevator buttons, exit signs , wall and overhead sigr�s , cloors, door frames, door hardware, fire extinguishers and hoses , display cases and framing, columns , radiators , beams , fire alarms , windows and window frames, swinging doors and hardware. This easement is limited in height from the second floor elevation of 93 .27 feet, except the floor elevation on the South 4 .5 feet is 93 .82 feet, and the floor elevation of the � North 6 feet of the South 10 .5 feet slopes from elevation ,�.:; 93 . 82 feet at the South line of said North 6 feet to elevation � 93.27 feet at the North line of said North 6 feet, upwards to � the ceiling elevation of 102 .26 feet, except the ceiling ele- ',�.`1,� vation of the North 12.5 feet of the South 23.0 feet is at �S 101 . 17 feet and the ceiling elevation of the South 10 .5 feet � is at 103.43 feet. All elevations are City of St. Paul datum. Above easement contains 1072 sq. ft. , more or less . B. Second floor walkway from stairway well to 5th Street on foot bridge. Al1 that part of Lots 4 and 5 , Block 19 , City of St. Paul (St. Paul Proper) lying within the following described lines : Commencing at the NE' ly corner of said Block 19 , thence West (assumed bearing) along the Nartherly line of said Block 19 a distance of 187 .50 feet, thence South 11 . 20 feet to the point of beginning at the SW' ly interior of the stairway well and the easement herein described, thence West 12 .56 feet, thence North 10 .18 feet, thence ��7est 0 . 60 feet along the face of the building thence N 80°32 ' W 1 .03 feet more or less to the North line of said Block 19, thence East 10 .99 feet across the foot bridge, thence S 80°32 ' E 1 .03 feet, more or less to the face of the building, thence West 2 .29 feet along the face of the building, thence South 3 .85 feet, thence East 3.70 feet, thence South 2 .60 feet, t:�ence East 0 .76 feet, thence �outh 3 .73 feet along the West face of the stairway well to the point of beginning. Subject to entrance doorway, partition to stairway well, to doorway to foot bridge, and to whatever encroachments or conditions exist in said space in the form of doorway, pipes, valves, columns, beams, stairway, railings , lights, remote teller unit, and fire alarm fixtures . This easement is limited in height from the second floor at elevation 93 . 33 feet upward to the ceiling 102 .26 feet and its extension. All elevations are city datum. Contains 120 sq. ft. , more or less. together with a pedestrian easement for public ingress to, egress from and transit to and from said System by way of vertical access from Street to the pedestrian concourse, described as follows: DESCRIPTION: Stai�ell easement from the ground floor to second floor ceiling. All that part of Lot 4 , Block 19 , City of St. Paul (St. Paul Prooer) lying within the following described lines : Commencing at the NE' ly corner of said Block 19 , thence �tiTest (assumed bearing) along the Northerly line of saidthence West distance of 135 .57 feet, thence South 19 .12 feet, 39 .69 feet, thence North 7 .92 feet, thence East 3 .63 feet to the point of beginning of tne easement herein described, thence North 8 .66 feet, thence h'est 15 .87 feet, thence South 8 .66 feet, thence East 15.87 feet to the point of beginninq. Subject to ground floor door and framing, two 6" vertical water line, one with extending valve at Northeasterly corner of easement at ground floor level; one 6" vertical water line i at Northeasterly corner of easement abo�e the ground floor , level, one vertical 4" soil pipe at the Northwesterly corner of easement above the ground floor level, a column and pilaster at the Northwesterly corner of easement, and stairway and railings. �� .__.�_____.__ . __ . _.. _ ... -_ __ , _.---_. .,..._- _v._..._n.. .� . . 1._ . : �, � � 7a ��I ' . -3- The easement is limited in height as follows : On the east 4 .0 feet thereof, the bottom of the easement is the Ground Floor landing at elevation 67 .55 feet; dn the North 4 .0 feet of the West 7 _87 feet of the East 11. 87 feet thereof, the bottom of the easement is the sloping plane of the stairs just below the tread surface extending from the Ground floor at elevation 67 .55 feet upward to the west to the Main Lobby landing at elevation 73 . 61 feet; on the North 4 . 0 feet except the East 11 . 87 feet thereof, the bottom of the easement is the Pdain Lobby landing at elevation 73 . 61 feet; - on the easement except the North 4 .0 feet thereof and except � the East 11. 87 feet thereof, the bottom of the easement is the � Main Lobby landing at elevation 73 .61 feet; on the West 7 . 87 feet of the East 11 . 87 feet except the North �w 4 . 0 feet thereof, the bottom of the easement is the sloping plane � of the stair just belo�a the tread surface extending from the t'iain � F1oorLobby at elevation 73 .61 feet upward to the east to the � First floor landing at elevation 78 .58 feet; on the West 4 .55 feet thereof, the -�op of the easement is the Second floor ceiling at elevation 101 . 37 feet; on the North 4 . 33 feet of the East 6 . 47 feet of the ��est 11.02 feet thereof the top of the easement is the sloping plane of the ceiling extending from the Second floor ceiling at elevation 101. 37 feet to a line at elevation 97 .01 feet; on the North 4 . 33 feet except the west 11 .02 feet thereof, the top of the easement is the intermediate landing ceiling at elevation 96 .61 fe�t; on the easement except the North 4 . 33 feet and except the west 11 .17 feet thereof, the top of the easement is the inter- mediate landing ceiling at elevation 96 .61 feet; on the East 5 .67 feet of the West 11 .17 feet except the North 4 . 33 feet thereof, the top of the easement is the sloping plane of th` ceiling extending the intermediate landing ceiling at 96 .61 feet to a line at elevation 92 .72 feet; on the East 0 . 95 feet of the West 5 . 5 feet except the North 4 . 33 feet thereof, the top of the easement is intermediate land ceiling at elevation 91 .92 feet. _ All elevations are city datum. Contains 137 Sg. Ft. , more or less (within the stair�aell cross section) . and also together caith a pedestrian easement for public access on the ground floor level from the foot of the above described vertical access facilities to public sidewalks, described as follows: � Exterior Walkway and Steps from 5th Street to building entrance on ground floor. All that part of Lot 3, Block 19 , City of St. Paul (St. Paul Proper) lying caithin the following described lines : - Commencing at the NE' ly corner o� said Block 19 , thence ��est (assumed bearing) along the Northerly line of said Block 19 a distance of 135 .57 ieet to the point of beginning of the ease- ment herein described thence South 19 .12 feet, thence v�est 8 .6 feet, thence North 19 .12 feet, thence East along the Northerly line of said Block 19 8 . 6 feet to the point of beginning. . Subject to stair railings. This easement is limited in height from the surface of the concrete walk and stairs upward to the ceiling and ceiling beams as follows: The walk surface of the easement except the South 14 .4 feet thereof is at elevation 69 .6 feet; The step surface on the easement on the North 4 . 3 feet of the i South 14 . 4 feet thereof is at elevation 69 .6 feet at the top of the North end and at elevation 67 .5 feet at the bottom of the South end; �'9 � _..__., _.______...... _. ._. __..�w. _...� _ ..__. .�...__ .. ,. ._ �__.. .�...._ ._ . .,........__,.. r...�� .�.. a �.._. _ _� _:�.�.. � ; �. � � � -�� -4- The walk surface of the easement on the South 10 .1 feet thereof is at elevation 67 .5 feet at the North end and 67 .4 feet at the South end; The ceiling beam and its extension Northerly on the easement except the South 17 .0 feet thereof is at elevation 76.48 feet; The ceiling beam on the easement on the North 0 .8 feet of the South 17 .0 feet is at elevation 76 .76 feet; The ceiling on the easement on the South 16.2 feet is at elevation 78 .61 feet. Except the East 0 .85 feet is at elevation 77 .18 feet. All elevations are city datum. Contains 164 Sq. Ft. more or less. Ground Floor walkway from building entrance to stairway well . Al1 that part of Lots 3 and 4, Block 19, City of St. Paul (St. Paul Proper) lying within the following described lines : Commencing at the NE'ly corner of said Block 19, thence West � (assumed bearing) along the Northerly line of said Block 19 a � distance of 135.57 feet, thence South 19 .12 feet, thence West � 8 .6 feet to the point of beginning of the easement herein � described, thence West 31 .09 feet, thence North 7 .92 feet, � thence East 3.63 feet, thence South 1. 58 feet, thence East ��{ 26.54 feet, thence South 6.34 feet to the point of beginning. '� Subject to entrance doorway and partitions and wall pilaster. This easement is limited in height from the floor at elevation 67.55 feet upward to the ceiling as follows: The ceiling and its extension on the easement for the South 6.34 feet of the East 29 .3 feet thereof is at elevation 76 .25 feet. The ceiling on the easement for all except the South 6.34 feet of the East 29.3 feet thereof is at elevation 75 .18 feet. Al1 eYevations are city datum. � Contains 2U3 Sq. Ft. , more or less. all of which above described areas shall be collectively referred to as the "easement" . Public use of the easement area is expressly herein made subjeCt to such reasonable police measures regarding open hours and closing any part or all of the easement within, on or over Grantor's Property during non-business hours and regarding public conduct within the System, as the City of Saint Paul may, by ordinance, from time to time determine. The public's right herein to ingress and egress and pedestrian transit in and through the easement granted to the City herein shall be and hereby is made subject to such reasonable measures regarding open hours and temporarily closing part(s) or all of the easement within or on Grantor's Property as th� City of Saint Paul may, by agreement with Grantor or its successors or assigns, from time to time determine. This provision shall not diminish the City's rightl o�� • ` -5- '� I�� to, from time to time, exercise its police powers unilaterally, by ordinance, concerning hours open for public use, or temporarily closing part (s) or all of the easement to the public, or concerning public conduct within the System, nor shall such agreed or legislated hours in any manner restrict City' s easement interest, but shall affect only the public' s rights to ingress and egress and pedestrian trar_sit in the City' s easement. The grant of easement herein shall be subject to the right of the Grantor to change the location of the easement conditioned upon the grant of a new easement which shall permit the continuity of the System, and, on the further condition �hat the new easement area shall be installed at the sole cost and expense of the Grantor, and, on the further condition that no change in the easement location shall be made without the approval of the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota and the City of Saint Paul , such approval not be unreasonably withheld, and, on the further condition � that said new easement shall be surveyed and described by a registered � land sur��eyor at the expense of the Grantor . v� � Notwithstanding anything to the contrary herein, the easement � given shall be limited to the life of the improvem�nts constitutir_g the System and shall terminate upon the happening of either of the following events: A. In the event the easement granted herein is vacated, abandoned or discontinued in the manner requir.�d by law. B. In the event the building (s) in, upon or over which the easement is located shall be substantially destroyed or demolished and such building (s) shall not be repaired or reconstructed; Provided, however, that in the event such building (s) be reconstructed or repl:�ced, Grant.or, its successors and assigns agree t�at, without furtn�r consideration, a sub- stitute easement of substantially equal convenience , area and general configurat�on shall be given. In ; the event the easement or any portion thereof is �elocated, vacated or terminated under the provisions hereof, City shall furnish a release of such easement or portion thereof, to Grantor, its successors or assigns . C, In the event the Pe.destrian Skyway System is so altered. i that the easement granted herein ceases to connect by public easement through a bridge across Fifth Street to the public easement in the block bounded by Fifth, SiYth, Cedar and Minnesota Streets , and through the Saint Paul Athletic Club Building and bridge across Cedar Street to the public easement in t�ie block - bounded by Fourth, Fifth, Wabasha and Cedar Streets. . o�� .._.._. . .. ..,.,_ ,.�. ...,.�......,,._ ._� . , -�- .. ._..�..�......,..�..�. ,_._,..,,,. ....,..--u�• . _�_ . . __,.. _ . -�.w� ,. ,�ri�. . � � I ,- ` _6_ � � � - '��''�`�� Grantor, for itself, its successors and assigns , does hereby aaree that for and during the life of said easement, Grantor, or its designee by separate agreement, shall be responsible for and/or provide for the cost of all repairs, improvemerits and replacements of the public way or Sky�aay Bridge and Pedestrian Concourse System as it passes through its building or on or over its land as described herein, it being understood that the aforesaid covenant shall run with the land. Grantor reserves unto itseli, its successors and assigns, the unconditional right and privilege of selling, conveying and trans- ferring the Property described above or any interest therein. In the event of transfer of the Grantor' s interes� in the property, the Grantor {seller) transferor may be freed and relieved, from and after � the date of such transfer, of all liability as respects the performance � of any covenants or obligations on the part of Grantor (seller) � ;� contained in the Agreement which are thereafter to be performed; �--� provided that the transferee fully and without limitation. assumes in writing all duties, responsibilities and covenants of the Gra�.tor hereunder. TO HAVE AND TO HOLD said pedestrian easement for a public way or Skyway Bridge and Pedestrian Concours2 System, together e�ith all rights of ingress and egress app°rtaining thereto until the System is vacated or abandoned in the manner required by law, or terminated in accorclance herewith. IN ��ITNESS WHEREOF, Grantor has hereunto set its hand this 30th day a f q�� , 19 81 MIDWEST FEDERAL SAVINGS AND LO�N ASSOCIATION OF MINNEAPOLIS , ; , BY It s Senior Vic re ' ent gy .�-�a� I S SECRETARY I � _ .. �._ .,...,_...�...._ ...�.,....,_,;,,._�... .... ._�_.� ---___. _...__:._ _.._ __.�___ . . ..,.. . .. -�...V...��„_� . µ � . - _�_ - �� STt�TE Ot MINNESOTa ) HENNEPIN ) SS . COUNTX OF 7�D�4��( ) On this 30th day of April , 19 81 . before me, a , Notary Public within and for said County, appeared Robert J. Zeller and Charlotte E. Masica , to me personally known, who, being each by me duly sworn, did say that they are respectively the Senior Vice President and Secretary of MIDWEST FEDERAL SAVINGS AND LOAN ASSOCIATION OF NIINNEAPOLIS, a corporation organized and existing under the laws of the United States , and that said instrument was signed by � authority of its Board of Directors, and said Robert J. Zeller C?' and Charlotte E. Mdsica acknowledged said instrument was the free � � act and deed of said corparation. � b Notar Public KqREN MARTI�HilSKE s�, , Ap1ARY PUBUC--MINNESQF+� � RAMSEV COUCITY ��;��pd¢�s luly 2),1�3 � � I �� i, � � ~ , ' � ' �+ � • • • CA � C�D C3 � N Ui =' C7 � c� � m ° � ,,� 3 =-*: in ° � m C� C N m � � a � °• � O - . ':; � " Q '� Ng ° � W o � � � m � C vN : � � 2 zZ � fD d � �c ` � z � � � m o � ooa � � � o � � �- -� � .. �+ ' � �I cu � � r. A y � n Y� �� c7D n � = N � O 0. � � � � p� � 3 � . \� v W � � � 3 � _ m U �� _� � Z � o� 9`' h `� � N N � ..'- �' � �, � -a , • � � a �c, �-yc `�.-� � � � `17 �� 9� GRANT OF EASE��'IEt�1T L4HEP.EAS, MIDWEST FEDERAL SAVINGS AND LOAN ASSOCIATION OF MINNE- APO�IS, a corporation organized and existing under the laws of the United States, hereinafter called "Grantor" , is the owner in fee of that certain land situated in the City of Saint Paul, County of Ramsey, State of Minnesota, more particularly described as Lots 3 and 4, and the northerly 125 feet of Lots 5 and 6 , Block 19, City of Saint Paul (St. Paul Proper) , hereinafter called "Grantor 's Pro�erty"; and WIiEREAS, Grantor has agreed pursuant to that Agreement dated April 30 , 1981, by and among the Houszng and Redevelopment Authority o� the City of Saint Paul, Minnesota, the City of Saint Paul , and th� Grantor herein, to grant to the City of Saint Paul a puhlic pedestrian easemert for a second floor level pedestrian way, with vertical access and connectinct groun3 level easement, also describec� as -the Skyway Bridre an�. Pedestrian Concourse System, through Grantor' s Pr.operty. NO�^?, TtIEREFORE, in pursuance of that Agreement, ar�d in consid- �rati�n of the sum of ONE DOLLAR ($1 . 00) and other valuab3e �,onsiderat�on, the rec�ipt and sufficiency V�hereof is hereby acknowledged, Grantor, for itself and ii:s successors and assigns , does hereby grant unto the CITY OF SAiNT P�UL, a P�innesota municipal corporation, a pedestrian easement for the SY.yway Bridge and Pec?estrian Concourse System tor the use and benefit of the nublic as a public way and for publ�c incxress, e�r.ess and_ transit in and through that part of_ the Gran�or 's Pro�erty and t?i� structur�s thereon, described as follows : A. DESCRIPTION: (Secand floor Mid��est Federal from St. Paul P.-thletic Club northerly to the southerly line of walk�.aay bouz�dar;� described b�low at B. ) I�terior walkway easement over and across that par� of Lot:� � anu 5 , �lock 19 , City of St. Paul (St . Paul Proo�rl lying �•�ithin the followinU described 1in2s : � Commencing at the NortheastP�ly corner of said Block 19; thence N 89°28 ' 57" W {assumed bearing) along the Northerly line of said Block 19 a distance of 188 .26 feet; thence S 0°31 ' 03" W 11. 20 feet to the point of bec�inning of the lines to be lierein described; thence N 89°28 ' 57 " �9 11 .80 feet; thence S 0°3G ' 32" W 0. 90 feet; thence rt 88°53 ' 14 " `� 1 . 62 fee-t; thence S 0°36 ' 32° t� 7 .75 feet; thence S 88°53 ' 14" E 5.11 feet along the face of the display case; thence S 0°31 ' 03" W 3 .00 feet; thence N 89°28 ' S7" i�1 O .b?_ f.eet; thence S 0°27 ' 54" PI 9� .28 feet; �hence S 89°28 ` 57" E 0 .18 feet; ttience S 0°31 ' 03" 4�1 6 .61 feet; thence S 89°28 ' 57 " E 0 .70 teet; thence S 0°31 ' 03" W 7 . 04 feet to the common property line �etween Mid:��est Federal aiid th�� St. Paul Athletic Clu�; thence S 89°28 ' S7" E 7 .92 feet along said common property lirle; thenr.e �3 0°31 ' 03" E 21 .75 7:P_P.L; thence N 89°28 'S7" T•7 0 .73 feet; thence N 0°31 ' 03" E 84 .57 feet; ther_ce S 89°28 ' 57" E 2 .5 feet; thPnce �i 0°31' 03" E 7 .62 feet; thence N 89°28 ' 57" �°7 2 .5 feet; thence N 0°31 ' 03" E 2 .0 f�et; thence S 89°28 ' S7" E 0 . 79 feet; thence N 0°31 ' 03" E 7 .67 reet _ E1cNi8��' A- C coKsisfiKG t�{ q P�4�� , . � � -2- to the point of beginning. Subject to existing ash trays, light switches , elevator and elevator buttons , exit signs , wall and overhead sigr�s , doors, door frames, door hardware, fire extinquishers and hoses , display cases and framing, columns, radiators , beams , fire alarms, windows and windo�a frames , scainging doors and hardware . This easement is limited in height from the second floor elevation of 93 . 27 feet, except the floor elevation on the South 4 .5 feet is 93 .82 feet, and the floor elevation of the North 6 feet of the South 10 .5 feet slopes from elevation 93 .82 feet at the South line of said North 6 feet to elevation 93. 27 feet at the North line of said North 6 feet; up��ards to the ceiling elevation of 102 . 26 feet, except the ceiling ele- vation of the North 12.5 feet of the South 23.0 feet is at 101.17 feet and the ceiling elevation of the South 10 .5 feet is at 103.43 feet. Al1 elevations are City of St. Paul datum. �bove easement contains 1072 sq. ft. , more or less . B. Second floor walkway from stairway well to 5th Street on foot bridge. All that part of Lots 4 and 5 , Block 19 , City of St. Paul (St. Paul Proper) lying within the following described lines : Commencing at the NE' ly corner of said Block 19 , thence West (assumed bearing) along the Northerly line of said Block 19 a distance of 187 .50 feet, thence South 11 . 20 feet to the point of beginning at the SW' ly interior of the stairway well and the easement herein describ�d, thence West 12 .56 feet, thence North 10.18 feet, thence ��1est 0. 60 feet along the face of the building thence N 80°32' W 1 .03 feet more or less to the North line of said Block 19, thence East 10 .99 feet across the foot bridge, thence S 80°32 ' E 1 .03 feet, more or less to the face of the building, thence West 2 .29 feet along the face of the building, thence South 3 .85 feet, thence East 3. 70 feet, thence South 2 .60 feet, thence East 0 .76 feet, thence �outh 3 .73 feet along the West face of the stairway well to the point of beginning. Subject to entrance doorway, partition to stairway well, to doorway to foot bridge, and to whatever encroachments ori es, conditions exist in said space in the form of doorway, p p . valves , columns, beams, staircaay, railings , lights, remote teller unit, and fire alarm fixtures. This easement is limited in height from the second floor at elevation 93 . 33 feet upward to the ceiling 102 .26 feet and it5 extension. All elevations are city datum. Contains 120 sq. ft. , more or less. together with a pedestrian easement for public ingress to, egress from and transit to and from said System by way of vertical access from Street to the pedestrian concourse, described as follows : DESCRIPTION: 5tain�ell easement from the ground floor to second floor ceiling. All that part of Lot 4 , Block 19, City of St. Paul (St. Paul Proper) lying within the following described lines : Commencing at the NE' ly corner of said Block 19 , thence j4est (assumed bearing) along the Northerly line of said Block 19 a distance of 135 .57 feet, thence South 19 .12 feet; thence West 39 .69 feet, thence North 7 .92 feet, thence East 3 .63 feet to the point of beginning of tne easement herein described, thence North 8 . 66 feet, thence h'est 15 .87 feet, thence South 8 .66 feet, thence East 15 .87 feet to the point of beqinninq. Subject to ground floor door and framing, two 6" vertical water line, one with extending valve at Northeasterly corner of easement at ground floor level; one 6" verti�ou dafloorine at Northeasterly corner of easement aboTe the g level, one vertical 4" soil pipe at the Northwesterly corner of easement above the ground floor level, a column and pilaster at the Northwesterly corner of easement, and stairway and railings. , . � _ a �� s9 . -3- The easement is limited in height as follows : On the east 4 . 0 feet thereof, the bottom of the easement is the Ground Floor landing at elevation 67 .55 feet; � 6n the North 4 . 0 feet of the West 7 .87 feet of the East 11. 87 feet thereof, the bottom of the easement is the sloping plane of the stairs just below the tread surface extending from the Ground floor at elevation 67 .55 feet upward to the west to the Main Lobby landing at elevation 73 .61 feet; on the North 4 .0 feet except the East 11 . 8? feet thereof, the bottom of the easement is the Main Lobby landing at elevation 73 .61 feet; on the easement except the North 4 .0 feet thereof and except the East 11. 87 feet thereof, the bottom of the easement is the Main Lobby landing at elevatian 73 .61 feet; on the West 7 .87 feet of the East 11 . 87 feet except the Norlane 4 .0 feet thereof, the bottom of the easement is the sloping p of the stair just below the tread surface extending from the Idain F1oorLobby at elevation 73 .61 feet upward ta the east to the First floor landing at elevation 78 .58 feet; on the West 4 . 55 feet thereof, the top of the easement is the Second floor ceiling at elevation 101 . 37 feet; dn the North 4 . 33 feet of the East 6 .47 feet of the west 11 . 02 feet thereof the top of the easement is the sloping plane of the ceiling extending from the Second floor ceiling at elevation 101. 37 feet to a line at elevation 97 .01 Feet; on the North 4 . 33 feet except the west 11.02 feet thereof, the top of the easement is the intermediate landing ceiling at elevation 96 .61 feet; on the easement except the North 4 .33 feet and except the west 11 .17 feet thereof, the top of the easement is the inter- mediate landing ceiling at elevation 96 .61 feet; on the East 5 .67 feet of the West 11 .17 feet except the North 4 . 33 feet thereof, the top of the easement is the sloping plane of th� ceiling extending the intermediate landing ceiling at 96 .61 feet to a line at elevation 92 .72 feet; on the East 0 .95 feet of the West 5 .5 feet ex�ept the North 4 . 33 feet thereof, the top of the easement is intermediate land ceiling at elevation 91 .92 feet. All elevations are city datum. Contains 137 Sg. Ft. , more or less (within the stairwell cross section) . and also together with a pedestrian easement for public access on the ground floor level from the foot of the above described vertical access facilities to public sidewalks, described as follows: Exterior Walkway and Steps from 5th Street to building entrance on ground floor. Al1 that part of Lot 3 , Block 19 , City of St. Paul (St. Paul Proper) lying within the following described lines : Commencing at the NE' ly corner of said Block 19 , thence ti�lest (assumed bearing) along the Northerly line of said Block 19 a distance of 135 .57 feet to the point of beginning of the ease- ment herein described thence South 19 .12 feet, thence vrest 8.6 feet, thence North 19.12 feet, thence East along. the Northerly line of said Block 19 8 . 6 feet to the point of beginning. Subject to stair railings. This easement is limited in height from the surface of the concrete walk and stairs upward to the ceiling and ceiling beams as follows: The walk surface of the easement except the South 14 .4 feet thereof is at elevation 69 .6 feet; , The step surface on the easement on tfie North 4 . 3 feet of the � South 14 . 4 feet thereof is at elevation 69 .6 feet at the top of ' the North end and at elevation 67 .5 feet at �he bottom of the South end; _...:.._a._...�....�..�__..�,..�_......,..._:_._.,._.. r ,....�.a<... -4- ' i The walk surface of the easement on the South 10 .1 feet I thereof is at elevation 67 . 5 feet at the North end and 67 .4 feet at the South end; The ceiling beam and its extension Northerly on the easement except the South 17.0 feet thereof is at elevation 76.48 feet; The ceiling beam on the easement on the North 0 .8 feet of the South 17.0 feet is at elevation 76 .76 feet; " The ceiling on the easement on the South 16.2 feet is at elevation 78 .61 feet. Except the East 0 .85 feet is at elevation 77 .18 feet. All elevations are city datum. Contains 164 Sq. Ft. more or less. Ground Floor walkway from building entrance to stairway well. Al1 that part of Lots 3 and 4, Block 19, City of St. Paul (St. Paul Proper) lying within the following described lines : Commencing at the NE'ly corner of said Block 19, thence West (assumed bearing) along the Northerly line of said Block 19 a distance of 135.57 feet, thence South 19 .12 feet, thence West 8 .6 feet to the point of beginning of the easement herein described, thence West 31.09 feet, thence North 7 .92 feet, thence East 3.63 feet, thence South 1.58 feet, thence East 26.54 feet, thence South 6.34 feet to the point of beginning. Subject to entrance doorway and partitions and wall pilaster. This easement is limited in height from the floor at elevation 67.55 feet upward to the ceiling as follows: The ceiling and its extension on the easement for the South 6.34 feet af the East 29 .3 feet thereof is at elevation 76 .25 feet. The ceiling on the easement for all except the South 6.34 feet of the East 29.3 feet thereof is at elevation 75.18 feet. All elevations are city datum. Contains 203 Sq. Ft. , more or less. all of which above described areas shall be collectively referred to as the "easement" . Public use of the easement area is expressly herein made subject to such reasonable police measures regarding open hours and closing any part or all of the easement within, on or over Grantor's Property during non-business hours and regarding public conduct within the System, as the City of Saint Paul may, by ordinance, from time to time determine. The public's right herein to ingress and egress and pedestrian transit in and through the easement granted to the City herein shall be and hereby is made subject to such reasonable measures regarding open hours and temporarily closing part(s) or all of the easement within or on Grantor's Property as the City of Saint Paul may, by agreement with Grantor or its successors or assigns, from time to time determine. This provision shall not diminish the City' s right , , � 7ya��,1 • -5- to, from time to time, exercise its police powers unilaterally, by ordinance, concerning hours open for public use, or temporarily I closing part (s) or all of the easement to the public, or concerning public conduct within the System, nor shall such agreed or legislated hours in any manner restrict City' s easement interest, but shall affect only the public' s rights to ingress and egress and pedestrian transit in the City' s easement. The grant of easement herein shall be subject to the right of the Grantor to change the location of the easement conditioned upon the grant of a new easement which shall permit the continuity of the System, and, on the further condition that the new easement area shall be installed at the sole cost and expense of the Grantor, and, on the further condition that no change in the easement location shall be made without the approval of the Housing and Redevelopment Authorit� of the City of Saint Paul, Minnesota and the City of Saint Paul, such approval not be unreasonably caithheld, and, on the further condition that said new easement shall be surveyed and described by a registered land surveyor at the expense of the Grantor . Not�aithstanding anything to the contrary herein, the easement given shall be limited to the life oi the improvem�nts constitutir_g the System and shall terminate upon the happening of either of the following ever�ts : A. In the event the easement granted herein is vacated, abandoned or discontinued in the manner requir.ed by law. B. In the event the building (s) in, upon or over which the easement is located shall be substantially destroyed or demolished and such building (s) shall not be repaired or reconstructed; Provided, however, that ir, the event such building (s) be reconstructed or repl:aced, Grantor, its successors and assigns agree L�at, witnout furth�r consideration, a sub- stitute easement of substantially equal conveni:ence , area and general configurat�on shall be given. In the event the easement or any portion thereof is �elocated, vacated or terminated under the provisions hereof, City shall furnish a release of such easement or portion thereof, to Grantor, its successors or assigns . C, �n the event the Pedestrian Skyway System is so altered � that the easement granted herein ceases to connect by public easement through a bridge across Fifth Street to the public easement in the block bounded by Fifth, SiYth, Cedar and Minnesota Streets , and through the Saint Paul Athletic Club Building and bridge across Cedar Street to the public easement in ttie block bounded by Fourth, Fifth, 6dabasha and Cedar Streets . � .._. _.�_. _ ......_. . .... . . . - .. ..., ..-_.....,�,.w,;�,.:,__�. ,. w.,-.,. ,.�p. + . ,. � _6_ Grantor, for itself, its successors and assigns , does hereby aaree that for and during the life of said easement, Grantor, or its � designee by separate agreement, shall be responsible for and/or provide for the cost of all repairs, improvemer�ts and replacements of the public way or Sky�aay Bridge and Pzdestrian Concourse System as it passes through its building or on or over its land as described herein, it being understood that the aforesaid covenant shall run with the land. Grantor reserves unto itself, its successors and assigns , the unconditional right and privilege of selling, conveying and trans- ferring the Property described above or any interest therein. In the event of transfer of the Grantor_' s interest in the property, the Grantor (seller) transferor may be freed and relieved, from and after the date of such transfer, of all liability as respects the performance of any covenants or obligations on the part of Grantor (seller) contained in the Agreement which are thereafter to be performed; provided that the transferee fully and without limitation. assumes in writing all duties, responsibilities and covenants of the Gra�tor hereunder. TO HAVE AND TO HOLD said pedestrian easement for a public way or Sky�eay Bridge and Pedestrian Concourse System, together uTith all rights of ingress and egress appertaining thereto until the System is vacated or abandoned in the manner required by law, or terminated in accordance hzrewith. IN WITNESS WHEREOF, Grantor has hereunto set its hand this 30th ' day of Apri 1 . �9 81 P�IDWEST FEDERAL SAVINGS AND LO�,N ASSOCIATION OF MINNEAPOLIS By - It s Senior c esident , BY Its SECRETARY I . ._. :........_.. '. "_......... .......,.-_.._. ....�....,.......,..........rx..�.....,......�...... ...:.....� ..:..:..,........._.. __.... _ . . . ._... ...�......-. . ... .. _.. . . ---,.c. ...y, -..,...-...-. r < • �7— � t! r�N s.l`6u7 STATE OF MINNESOTt� ) HENNEP IN ) SS. COUNTY OF �i',�IX ) On this 30th day of Anri 1 , 19 81 , before me, a Notary Public within and for said County, appeared Robert J. Zeller and Charlotte E. Masica , to me personally known, who, being each by me duly scaorn, did say that they are respectively the Senior Vice President and Secretary of MIDWEST FEDERAL SAVINGS AND LOAN ASSOCIATION OF MINNEAPOLIS, a corporation organized and existing under the laws of the United States, and that said instrument was signed by authority of its Board of Directors, and said Robert J. Zel ler _ and Charlotte E. Mdsica acknowledged said instrument �aas the free act and deed of said corparation. � Notary Pu lic ' s, , �cr�ro MA�r1cHU�i NOTARY PUBLIC--MINNESpTA � RAMSEY COUF�TY !�r(bemti+atOn 6tDues i�:tp 27, 14� �IYYVVIA nA,.w�r i i , - , ; �r ,� . �� :��. __ . , , . . . , � : ,: . ; , , . . . . , , , _, . � , �.. , . ,� , . _ , , .. � �.t 20, i9ei .. ; - - f � . ; • , . /, �, . , � - � . . _ , , , , , , , . . . , , _ , . � , - , Oi�fice of f:ountp<l�ucorder � � . �io�a 1SS _ . , . . su�a� . . . , ; _ � . n.�►� ssr: , � , �` _ .�I tsya�.t s certi�iad copy of C.P. l�o. 27T�59�• aclagt� by t1�.City ' . Cou�il cm Augwt 11, �9�1, !or f�.�ng' in your crffic�.� ;y . U , • _ , �� , - , Va'y truly y'�oqre. , , , �J�.: . - . � �:� ,Jr.a.c-,-`�- , , , , A].bert B. Olson _ � Cit Clirt y�` . Y � : � . , _ - , , , _ . 1 � � � � , Atta�b. � , � ' � , � seth - ., �f ' , _ , _ , - ' . C . . _ I . . . . . . � . . . - . . � . . - � . . . . .. I.i . , . !. . . . . .. ' . . . ' . . , � � . . . 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