272491 WHITE - CITV CLERK
PINK - FINANCE G I TY O F SA I NT PA IT L Council �.,�����
CANARV - OEPARTMENT �r
Bl_UE - MAVOR File NO.
Council Resolution
�
Presented By
Referred To Committee: Date
Out of Committee By Date
WHEREAS, the City of Saint Paul in 1951 through condemnation
obtained a 20 foot wide sewer easement across Lot 12, Block 1,
Lane-Norton Addition, (1516 Mississippi River Drive) ; and
WHEREAS, this easement is part of the Cleveland-Sheridan
Sewer System, Section 'C' which serves property both North and
South of Lot 12, Block l, Lane-Norton Addition; and
WHEREAS, the owner of said lot in about 1977 constructed an
addition to his home over the sewer line as now in place; and
WHEREAS, the owner has sold that home to George H. Doty and
Ann M. Doty, and during the pendency of the sale the Title
Insurance Company determined that the property was not "marketable"
because of the portion of the home located over the sewer; and
WHEREAS, the seller desires to perfect title to the property
and complete the sale of the property to the Doty' s; and
WHEREAS, the City does not wish to enforce its easement sur�ace
rights to the detriment of the seller or the purchaser of the proper-
ty and the City has considered all aspects of present and future
maintenance and repair to the sewer line and in the interest of
reasonableness toward the landowners involved, now, therefore, be
it
RESOLVED, that the City of Saint Paul agrees to grant a partial
release of easement covering surface rights to the purchasers/in
exchange for a $250.00 consideration to cover a portion of any
future additional sewer repair costs brought about by the construction
of the addition to the home over the sewer line,/and the landowners
agreement to grant a new sewer easement around the addition to the
home in the future if repair or relocation of the sewer line is
required.
COUIVCILMEN Requested by Department of:
Yeas` Nays
Butler _� In Favor
Hozza�/ �
` Hunt/ � �
Levine __ Against BY '
� Maddox
\ Showalter
Tedesco
Adopted by Council: Date � s �`� Form Approved Ci Attorne
Certifi as-e C .' Secc�ar BY
x
B�� �
Appro y (Vlavor: Date 8 t9 Approv y " o for Submissio to Council
By _ _ By
Pt�BItsHED FE8 1 ? 1979
. : �M O1. I2f 1975
� , . .
Rev. : 918/76
` �XPLANATION OF ADMINISTRATIVE OR�ERS,
• RES�LUTIONS, AND ORDIi�1ANCES .. _ .
�����
Date: January 23, 1979 :
RECEI'VE'?'� :
. JAN 2 9 �979
TO: MAY'OR GEORGE LATI��SEl� ���n�+ �r��,,;,�,.
FR: DONALD E. NYGAARD,- DIRECTOR OF PUBLIC WORKS - -
RE: Sewer Easement = Lot 12 � Lane-�Norton Addition
.
ACTION RE4UESTED: .
PARTIAL REtEASE OF SEWER EASEMENT ov�er a part of Lot' 12, -Lane-Norton Addit'1�'n.
PURPOSE F,ND RATI4NALE FaR THIS ACTION:
Building encroachment over easement area created unmar.ketable t'i`tle. The "
''Partial Release" wi11 permit buiiding and' utility, to co-extst on the �asement '
area and allow the property owner the' oppo�tunity to bbta�n a mortgage: for
,- said raleas�, the City wi11 recetve a cons'ide�atton `of $500.00.: �
ATTACHM�NTS: _
(1) Resolution
(2) Partial Release of Sewer Easement � �
(3) Map of Eesement Area :
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M�MITE - CITY CLERK ... . .
PINK - FIN�.NCE
CANARV - DEVARTMENT G I Ty OF SA I NT PAUL COIMCII
s��E _M��°R File N0.
.
Council Resolution
Presented 6
Referre To Committee: Date
Out of Com 'ttee By Date
WHEREAS, the City of Saint Paul in 1951 through con emnation
obtained a 20 oot wide sewer easement across Lot 12, ock 1,
Lane-Norton Add ion, (1516 Mississippi River Drive) ; nd
WHEREAS, this asement is part of the Clevela -Sheridan
Sewer System, Sectio 'C' which serves property b th North and
South of Lot 12, Bloc 1, Lane-Norton Addition; d
WHEREAS, the owner o said lot in about 977 constructed an
addition to his home over t e sewer line as ow in place; and
WHEREAS, the owner has so d that ho to George H. Doty and I
Ann M. Doty, and during the pen ncy of he sale the Title �
Insurance Company determined that the roperty was not "marketable" ;
because of the portion of the home o ated over the sewer; and
i
WHEREAS, the seller desires t p rfect title to the property i
and complete the sale of the prop rty the Doty's; and
WHEREAS, the City does no wish to e orce its easement surface
rights to the detriment of t seller or t purchaser of the proper- �
ty and the City has conside d all aspects o present and future '
maintenance and repair to e sewer line and ' the interest of °
reasonableness toward the andowners involved, ow, therefore, be �
it
f
RESOLVED, that t City of Saint Paul agrees t grant a partial �
release of easement overing surface rights to the p chasers/in ;
exchange for a $500 00 consideration to cover a portio of any
future additional ewer repair costs brought about by t construction �
of the addition the home over the sewer line,/and the ndowners �
agreement to gr t a new sewer easement around the additio to the �
home in the fu re if repair or relocation of the sewer line is
required. �
�
COUNCILMEN �
eas\ Nays Requested by Department of: �
Butler
Hozza�/ In Favor �
\ Hunt/
\ M�e � Against By ��
ddox
\ Showalter
Tedesco `
�opted by Council: Date Form Approved by Cii�+ Attorne
�� � ./
�rtifi as•c C ' Secr�ar gy ' �
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. . -- - - -� � - -
��\�\\tl{�U� • .
�� �t Y �F°�, CITY OF SAINT PAUL
=.�'�� •;%,, '
;; � �, OFFICE OF THE CITY ATTORNEY
:w 11611A1111 �°
;,� SUZANNE E. FLINSCH, CITY ATTORNEY
��'`n,, ,es+ � 647 City Hall,Saint Paul,Minnesota 55102
�•tIltmi-.m����•
612-29&5121
GEORGE LATIMER
MAYOR �� ��� �y �
January 16, 1969
„°?='�.:. �. � Z'�s'9
V�iL��• �l✓ Y S.:c -���.s" .,'o.J
�7LVd�6:Y'h 6d��:.:Ji't.;,„N �;.�y„y•v�„".i�':iJ
Mr. Roy Bredahl
Sewer Engineer
Department of Public Works
234 City Hall
BUILDING
Dear Mr. Bredahl:
Enclosed is Council Resolution approving the agreement between the
City and Mr. and Mrs. Doty concerning the payment to the City in
the sum of $500. 00 in return of the City's permitting property
owners to maintain their improvement on the existing public sewer
located in Block 1, Lane-Norton Addition. A copy of the agreement
is attached to the resolution and should be forwarded to the City
Council.
I have mailed copies of the agreement to Mr. Hook, attorney for the
Dotys and he will have them signed and returned to me for processing
by the City.
Please notify me when the City Council has approved this resolution
and I will then process the agreement and receive payment.
If you have any further questions, please notify me.
Yours very truly,
JEROME J. SEGAL
Assistant City Attorney
JJS:cg
enc.
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PARTIAL RELEASE OF SEWER EASEMENT
' -
THIS INDENTURE, made the day of January, 1979, hetween
George H. Doty and Ann M. Doty, parties of the first part, and City
of Saint Paul, a Municipal Corporation, party of the second part,
witnesseth:
WHEREAS, the parties of the first part are the owners of the
following described land in the City of St. Paul, County of Ramsey,
and State of Minnesota, to-wit:
Lot 12, Block l, Lane-Norton Addition;
WHEREAS, the party of the second part has obtained through a
Final Order In Condemnation, adopted and approved by the City
Council on July 31, 1951, filed February 28, 1952 as Document No.
1276176, an easement 20 feet in width for the purpose of construct-
ing and maintaining a public sewer described as the "Cleveland-
Sheridan Sewer System, Section C" , under, through and across,
Lot 12 , Block 1, Lane-Norton Addition;
WHEREAS, there is a structure which has been constructed on
the following described portion of the above described easement
� to-wit:
� Commencing at the intersection of the north line of
�aid L•ot 12 and the centArlir..e of �aid 20. 0� fo�t w�dP
sewer easement; thence southerly along said centerline
a distance of 22. 00 feet to the point of beginning of the
land to be described; thence easterly and parallel with
said north line of Lot 12 a distance of 8. 00 feet; thence
southerly measured at a right angle to last described
line a distance of 18.20 feet; th�nce westerly and
parallel with said north line of Lot 12 a distance of
18. 00 feet to the west line of said 20. 00 foot wide
sewer easement; thence northerly along said west line
a distance of 18. 20 feet to a line which is parallel
with the north line of said Lot 12 and drawn westerly
from the point of beginning; thence easterly along said
parallel line a distance of 10. 00 feet to the point of
beginning.
WHEREAS, the party of the second part has determined that said
described structure will not interfere with its right to utilize
and maintain the public sewer easement on,
Lot 12 , Block l, Lane-Norton Addition;
NOW, TEEREFORE, in consideration of Five hundred dollars
($500. 00) and other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, the City of Saint .�
Paul does hereby agree that it waives its rights to compel the �
�
property owners, their heirs and assigns, to remove the structu�e
located on that part of Lot 12, Block 1, Lane-Norton Addition,
to-wit: '_
Commencing at the intersection of the north line
of said Lot 12 and the centerline of said 20. 00
foot wide sewer easement; thence southerly along
said centerline a distance of 22. 00 feet to the
point of beginning of the land to be described;
thence easterly and parallel with said north line
of Lot 12 a distance of 8, 00 feet; thence southerly �
measured at a right angle to last described line a
distance of 18.20 feet; thence westerly and parallel
with said north line of Lot 12 a distance of 18. 00
feet to the west line of said 20. 00 foot wide sewer
easement; thence northerly along said west line a
distance of 18. 20 feet to a line which is parallel
with the north line of said Lot 12 and drawn westerly
from the point of beginning; thence easterly along
said parallel line a distance of 10. 00 feet to the
point of begir.ning. �
and that the structure can be maintained in its present form and
fur�her th�t the City of Sair�t Paul in the� repair of the sPwer on
Lot 12 , Block 1, Lane-Norton Addition will not cause damage or waste
to the existing structure located on said easement.
IT IS FURTHER AGREED AND UNDERSTOOD between both parties that
in the event that the sewer as now located under the structure re-
quires repair, or in the event the existing sewer between Elsie
Lane and Lot 7.7, Block 1, Lane-Noxton Addition has t.o be replaced,
the City of Saint Paul, at its option, may require the dedication
of an alternative 20 foot sewer easement by the owners, executors,
successors or assigns at no cost to the City of Saint Paul, and the �
City of Saint Paul at that time will release the existing sewer
easement described above to the property owners, provided that said
property owner, their heirs and assigns, shall not be liable for
any cost incurred in reference to said repair or relocation of
said sewer.
, IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year first above written.
2 .
; � � "�
. . • , �
. • � . • ��y����
�
By
. George H.. Doty
Approved as to Form:
and
Assistant City Attorney By_
Ann M. Doty
CITY OF SAINT PAUL
By
Mayor
By
City Clerk
By
Director, Department of Finance
and Management Services
State of Minnesota )
) ss.
County of Ramsey ) .
The foregoing instrument was acknowledgPd before me this
day of , 19 by George H. Doty and
Ann M. Doty.
Notary
State of Minnesota )
) ss.
County of Ramsey )
The foregoing instrument was acknowledged before me this
day of . 197 by GPOrqe Latimex, May�r �f th�
�ity of Saint Paul, a municipal corporation under the laws of the State
of Minnesota, on behalf of the corporation.
Notary
State of Minnesota )
) ss.
County of Ramsey )
The foregoing instrument was acknowledged before me this
day of , 19 by Rose Mix, City Clerk an� by
Bernard J. Car son, Director, Department of Finance and Management
Services of the City of Saint Paul, a municipal corporation under
the laws of the State of Minnesota, on behalf of the corporation.
Notary