270056 WHITE - CiTV GLERK
PINK - FINANCE
CANARV - DEPARTMENT File NO. �.�y 6
BLUE - MAVOR
GITY OF SAINT PALTL Council � ���'
RE'i'URtV COPY TO Council Resolution
VALUATION BUREAU
Presented By � ��
Referred To Committee: Date
Out of Committee By Date
WHEREAS, the Department of Natural Resources of the State of Minnesota
has agreed to convey certain land necessary for the Warner Road - Childs
Road Interchange to the City of St. Paul for the sum of $25.00, said
sum to be paid from PIR �a.nd 60000-711-000 (L-7815) to be' reimbursed from 1974
County Aid Funds; now therefore be it
RESOLVED, that the Council of the City of St. Paul does hereby accept the
RIGHT-OF-WAY EASEMENT for those lands more f�i11y described on said easement
document attached hereto and made a part hereof by reference, and the
proper City Officials are authorized to record said easement in the proper
office of recordation and to pay to the Department of Natural Resources
the sum of $25.00.
COUNCILMEN
Yeas Nay�s Requested by Department of:
Butler � Financ d Manag t Services
Hozza In Favor
Hunt � , � �-y
Roedler -- Against BY — Director
Sylvester �
Ted
NOV 8 1977 Form Approved by City Attorney
Adopt _y Council� Date
rtified P• • by Cou cil Secretary B 7 �
y ����--
App o ed by A7avor: e` �rni 1 � �9� Appr d by Mayor for Submi i tq Council
By , BY
��;is��s�►�� �����;'-J 19 1977
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�6�' �5 �--PUBLIC HIGHWAY
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� Area Fox SZope Ea.s�nent �
= 8, 160.91 SQ FT.
= 0.18 ACRES -
� P-03588-2A WARNER RD. -CHILDS RD. INT.
� RIGHT OF WAY LAYOUT--� SCALE t" = 200
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RIGHT-0F�111AY EASEMENT
133-27-9
Z9t$ da of July ,iq 77 , between the State of Minno-
THIS INDENTURE, Made this Y
eota, by and through its Commis�oner o#Natural Resoureeszl�e�reina�ffr St�pa j�tor, an�
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hereinafter calied the Grantee.
WiTNESSETH,Nhereas the Grantee has applied to the Grantor for the grant of an easement Ra hsey ay for road or trai�d
purpoaea over certain landa owned by the State of Minneeota, �tuatal u►the County of
administered by the Department of Natural Reaources.
NOW,THEREFORE, Grantor purs�ant to tt►e suthority of Minnesota St�►tute 25 00 ' ��hon,8�63{and in���by�of
the sum of Twentv—five--------------------- DOLLARS(3
Grantee, the receipt whereof is hereby acknowkdged, which amount constitutea fuU payr►�ent for the righte siul interesta herein con-
veyed includin8 Papn►ent for any innprovements, timber and fo 29 hwth thada o�e destroyed on the easemenl����an easement
grant and convey unto the Grantee, from and after the y Ra.iI1SeY
and right of way for road or trail purpoaes, over and across the following described lands ir►the County of +
State of Minnesota, ac►d mon Part���rly shown on the plat hereto attached and described as followe:
A temporary slape easement across part of Section 4, Township 29,
Range 22, described as follows:
Commencing at the Northeast corner of Sectian 4, Township 28, North,
Range 22 West; thence South along the East line of said Section 4 a
distance of 304.84 feet; thence North 89° 42' 18t` West, parallel with
the East and West quarter line through the Northeast quarter of said
Section 4, which is also a property line common to the State of Minnesota
and the City of St. Paul, a distance of 727.97 feet to a point;
thence
South 00° 04� 07�' West along a property line common to soid City ar►d
State a distance of 920 feet to a point; thence South 50 46* West along
a property line comman to said City and State a distance of 287.OQ feet .
to the point of beginning which is the southerly line of Warner Road as
established in 1968; thence North 68° 34� East along said southerly line
of Warner Road a distance of 520.95 feet to a point on the westerly line
of a public highway connecting Warner Road with the Burlington Northern,
Inc. right-of-way across State of Minnesota property in Sections 3 and 4,
Town��ip 28 North, Range 22 West; thence southerly on a circular curve
concave to the wost with radius of 182 feet and a center of radius
bearing South 68 52' 47" West from the last described point, which is
said westerly line of pu$lic highway for an arc length of 15.02 feet to
a point; thence South 68 34� West along a line parallel to and 15 feet
(measured at right angles) southerly of the southerly lino of Warner Road
for a distance of 566.97 feet to a point; thence North 50 46� East
along a property line common to said City and State a distance of 49.07
feet to the point of beginning and there terminating.
I
Subject to:
L Outstanding righta and interests,if any.
2. Grantee shall construet a�►d maintain said right-of-way si iYs own expense.
3. The rightof•way hereby conveyed shall be open to the general public.
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4: Grantor shall at all times have the right to enter upon said right-of-way for any purpose neceseary to the perfoimancx of
lawfttl powere and dutiea
5. Grantee shall, during construction, maintenance and operation, protect and preaerve soil and vegetaHon cover and scenic
and aesthetiC valuea on the right-of-way and outside of construction limitq.
6. Grantee shall have the right to close said rightof•way during any emergency, with the approval of the Grantor.
?. Grantor shall not be fiabk to the Grantee or any person for any injuriea or damages to person or property ari�ng from
constructiory operation or maintenattce of said rig}►t-of-way.
8. Grantee shall proride for the prevention and conh�ol of soil erosion within the right-of-way, as required by the Grantor,
that might be affected by oonstruction, operation, or maintenance of the road or trail arni ahall plant and raaintain vegetation of aut-
abk speciea on all earth cut or fill alopea feasible for revegetation or on other area where giound cover is destroyed, provided that it
be mutually determi�ud by the Commiseioner of Natural Resources and an authorized repreaentative of the Grantee prior to completion
of conshuction, that such stepe are mcessary and the Grantee ahall maintain all terracing, water bara, lead-off ditches, culverts r+�here
mcessary, and other pteventive worka that may be required to accomplieh such aereed objectives
9. Grantee shall establiah np borrow, sand, or gravel pita, stone quarry or permanent storagc areas, sitea for road operationa
and maintenance facilities, camps, aupply depots or diaposal area within rightof-way, except with the prior written approral of the
Grantor.
10. Graatee may maintain the sight-of-way clearing by means of chemicals upon approvaR in writing by the Grantor.
1!. Grantor hereby reserves for ita own use, all the iron, coal, gold and other valuabk minerals, and all water power, and all
oila and gasea, upon all lande covered by this easement, and the right to enter upon aame for the purposea of exploration and mining
same. After thirty yeara from the,date of execution of.this agreement, the Grantor, its leaecea, or asaignees may mine any or all of the
Ianda covered by this eaeement, and construct all necessary roads, bu�ldinga and improvements relating to mining, without payment of
any damages to the Grantee.
The easement and rightof-way herein conveyed may be ternrinated either by mutual agreement of the partiea hereto, or by
the Grantor upon thirty daya wrItten notice to the Grantee if Grantee fails to comply with applicable lawe or the terms of this easa
ment;otherwise to remain in effect as long as used for the purposes granted, provided, however, if the easement and right-of-way or
any part thereof ehall be abandoned or ishall cease to be uaed by the Grantee for a period of one year, the rights and privilegea hereby
gianted shall cease and terminate and the land traversed by the abandoned or unuaed segment shall be freed from thia easement and
right-of-way. In the evecrt of such agreement to terminate or abandon, the Grantee, by authorized representative, shall fumish to the
Grantor, a statement in recordabk form evidencing termination.
This temporary slope easement will expire July l, 1979.
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.. . » . ' • . � . �, � �, � .
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In Pctsence of STATE OF MIPINESOTA
"���w �'''� Commi�oner of Natural Resources
� _
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I�ILLIAM B. 1�IYE
STATE OF Minnesota �
)�
COUNTY OF Ramsey )
On this �� day of �p ' ^ , 19 �.� , before me, a Notary Public withen and for said county
�d stau, personally appearEd WllllSttl B. Nye, Commissioner
,
to me personally known who, being duly sworn by me on oath, did say that he ls the peraon
who signed the foregoing instrument and acknowkdged that he signed the same as hiS free act and
deed for the uses and purposea therein aet forth.
•�""� ANNA A. BOHN ��✓ �
� RAM9EY COUNTY �
NOTARY PUFiLIC-MINNESOTA Notary Public, County
� MY COMMt4310N EXFlRES ApR.20,1�84
My Commisaion expirea
NOTE: Plat should be on(8ya"x 11"),showir�g any existing mad or trail situated thenon.
APPROVED AS TO FORM AND �XECUTION
BY�''c�c�-�C�__�- � •
Special Assietant Attomey General
Date AUG a 1977
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' OM Ol: 12/1975
� _ , , i , Rev. : 9/8/?6
EXFLANATION OF ADMINISTRATIV£ ORDERS, ,������
RESOLt?TIONS1 AND OFttDINANCES
��..� � ,..��.r.��.�� i
Ddt�: October 2�+, 197?
. ��=� ti`�,� �. .._ _
T0: MAYGR GEORGE LATIMER
y%t�,°�"�
FR; J. T�in. Donov�an, Valuation b Assess�ent �gineer, D�pt. of Finance d� Me�na,gemeht Services,
(Est. 53�7�
�� Warner �oad - Chil'c]s Road interchange
lsa,sement over Department of Natural Resaurces praperty east of euisting �
Fieserve Street Bridge
ACTION REQUESTED:
Acceptance by City oF ease�nent granted by Department of 1Qatural liesw�sces•
. ,
PURPOSE AND RATIQNALE FOR THTS ACTION:
Pro�ect is authari.sed by Fina.l Order, Council File l�o. 26�320, apprnved
October 2, 1974, Fund3ng in the amo�unt of �25.00 is provided 'by Caunty •
Aid Flands.
ATTAC�HMENTS:
l. Resolution Por approval .
2. Map .
3• Copy oP Easement
_t�"�,
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