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01-385Return copy to: Real Estate Division(LAL) 140 City Hall Presented By Referred To Council File # �� Green Sheet # 111907 RESOLUTION OF SAINT PAUL, MINNES„OTA lg Conunittee: Date i WHEREAS, the City if Saint Paul wishes to obtain an easement from the Soo Line Railroad Company for the z construction and maintenance of a retaining wall near Cliff Street and Superior Street; and, a WHEREAS, the Soo Line Railroad Company has prepared an easement document granting the desired s easement right to the City, a copy of which is attached and incorpotated herein by reference, � BE IT RESOLVED, that the City of Saint Paul hereby accepts this easement document; and 9 BE IT FtTRTHER RESOLVED, that the proper City officials are hereby authorized to record this easement io document with Ramsey County. Requested by Department of: Adopted by Council: Date �,� � 1� �oo � Adoption Certified by Council Secretary By: `� � . '� �� Approved by Mayor: Date �r'�r �.Q�/ By: � r Technologv & Mana�ement Services By: \��i�G � I��li� Director�� Form Approved by City Attomey By: ��f-�'aivr�-- �...'2.f1� 0) Approved by Mayor for Submission to Council By: �-'k�Yh.L i��`" J O�- 3gs T.M.S./REAL ESTATE DIVISION Date: March 23, 2001 Green Sh Number: 111907 Contatt Pecson and Phone N 2 DEPARTMENT DIRE O C1TY COlJNClI."' Louise A Langber �' 266-8850 1 CTTY ATTORNEY � crrr cr.eiuc Must be on Council Agenda by: B1/17GET DIRECfOR OFFICE OF F7NAPICIAI. SVCS. Whenever convenient 3 MAYOR(ORASSISTANl) REALESfATEDIVTSION TOTAL # OF SIGNATURE PAGES � (CI.IP ALL IACATIONS FOR SIGNATURE) ACTION R�QUESTID: Accept dedication of easement from Soo Line liailroad Company for construction and maintenance of a retaining wall near Cliff Street and Superior Street RECOMMI+NDATIONS: APPROVE (A) OR REJECT (R) pEggONAL SERVICE CONTRACTS MUST ANSWER TfiE FOLLOWING: 1. Has the person/£u�m ever worked under a contract for this deparlment? YES NO PLANNING COMMISSION A STAFF 2. Has this persodtirm ever been a City employee? YES NO CIVll.SERVICE COMMiSSION 3. Does this person/firm possess a sitill not normally possessed by any YES NO current City employee? Cffi Comm1'l'ree E lain all XES auswers on a se azate sheet and attach. SUPPORTS WHICH COUNCII. OBJECTIVE? COUNCIL 2 DISTRICT PI.ANNING COUNCII. 9 ARD(S) IIVITIATING PROBLEM, ISSUE, OPPORTUNITY (Whq Whay Wheq Where, Why?): The City would like to build a retaining wa11 for safety purposes near Cliff and Superior Streets to maintain the bluff area near the Soo Line Railroad tracks. Soo Line has prepared an easement dedication to allow for the construction and future maintenance of this wall. ADVANTAGES IF APPROVED: City could construct wall as planned, and bluff area would be stable. DLSADVANTAGES IF APPROVED: � � � � `y � � �8 None at this time. �?AR � C ?': „ DISADVANTAGESIFNOTAPPROVED: (�I�\/ ��`6`��{��j v o Ea e Bluff in that area could become unstable. TOTAL AMOUNT OF TRANSAC7TON: �� COST/REVEN[JE BUDGETED (CIRCLE ONE) YES NO FONDING SOURCE: ACTIVITY�NUMBER: FINANCIALINFORMATION: �XPLAIN) F � d�A�A� ( l��.... ,.. .- . >.. 4' 'e.7 ��,�°� i � . �� No. 30964 EASEMENT � - -�/,�.�.. �� _ � � CS � -'� frs In consideration of the sum of ZERO and No/100 Dollars ($0.00), the receipt whereof is hereby acknowiedged, Soo Line Railroad Company, a corporation under the laws of the State of Minnesota, having its principal place of business at 501 Marquette Avenue, Minneapolis, Minnesota 55402, and doing business as Canadian Pacific Railway, ("Grantor") hereby grants unto CITY OF ST. PAUL ("Grantee"), a municipal corporation, an easementforthe construction and maintenance of a retaining wall (the "retaining wall"), such easement to continue oniy so long as used for such purposes, in, over, under and upon the following described real property in the County of Ramsey, State of Minnesota (the "Property"): A permanent easement ofsufficientwidth for a retaining wall on, over and across the foilowing described real property: A part of Sec. 1, T28N, R23W; the centerline of said retaining wali is shown in approximation by the dark line cannecting points A and B on the attached Exhibit "A". The Grantor reserves unto itseif, and its successors and assigns, the right and privilege to use said Property for the mainte�ance and operation of railroad tracks and facilities, including the right to permit other paities to use said Propesty, and further reserving the right and privilege to use said Property for any and all other purposes that are not inconsistent with the use thereof for the purpose or purposes permitted by this indenture, and further reserving the right to prevent the placement or maintenance of any retaining wall facility upon said Property in a manner which would unreasonabiy interfere with the maintenance and safe and continuous operation of railroad tracks and facilities. FORM 800D.4/97.STD RETAIN{NG WAIL EASEMENT (MN) CITY OF ST. PAUL, RAMSEY CO. - 1- CANADIAN RAIIIFIG RAILWAY o�-aas' The Grantor �eserves the titie to said Property to itself, and the Grantee's maintenance and use for the above purposes upon said Property, however long continued, shall not vest in the Grantee rights adverse to those of the Grantor other than those granted by this indenture. The Granfee, after first securing all necessary pubiic authority, shall at the Grantee's sole expense, install and thereafter maintain the retaining wall upon and across the Property and underneath or across any railroad tracks located thereon at the above-described location in a manner satisfactory to the Grantor. The Grantee shall be responsible for determining the location and existence of any pipes, wires, conduits, sewers, piling or other obstructions to the construction of the Grantee's retaining wall and shall indemnify, hold harmless and defend the Grantor from and against any and afl liability for damage to the foregoing pipes, wires, conduits, sewers, piling or other obstructions, if any, caused by the construction or maintenance of the Grantee's retaining wall. The Grantor makes no representation by the granting of this indenture that its property is free of any such pipes, wires, conduits, sewers, pifings or other obstructions. The Grantee shall not carry on any work in connection with the installation, maintenance, repair, changing or renewal of the retaining wall or in close proximity to any raiiroad track at the above-described location until: (i) it shall have given the Grantor at least three (3) days' written notice, and (ii) an authorized representative of the Grantor shall be present to supervise same. Upon bills being rendered therefor, the Grantee shali promptly reimburse the Grantor for all expenses incurred by it in connection with such supervision, including ail labor costs for flagmen suppiied by the Grantor to protect railroad operations, and for the entire cost of the furnishing, installation and later removal of any temporary supports for said tracks. The Grantee, at the Grantee's sole expense, whenever notified to do so, shall promptly make such repairs to or changes in the retaining wal{, including changes in location, as the Grantor shall for any reason deem necessary. The Grantor shall have the right, at its election, to make emergency repairs to the retaining wall, and in such event the Grantee, upon biils being rendered therefor, will promptly reimburse the Grantor for all expenses incurred in connection therewith. The Grantee assumes ail risk of damage to or destruction of the retaining wall through any cause whatsoever while located upon and across the Property. The Grantee (a) shall be familiar with the requirements of, comply with, and secure at the Grantee's own expense any permits or licenses required by, ali applicable laws, regulations, ordinances, and standards, including without limitation all Environmental Laws; (b) shall, upon written request by the Grantor, provide the Grantor with the results of appropriate reports and tests and with any otherapplicable documents to demonstrate that the Grantee has complied with all Environmental Laws relating to the Property; (c) shail not in any manner cause or allow the Property to become a hazardous waste treatment, storage or disposal facility within the meaning of, or otherwise bring the Property within the FORM 800D.4/97.STD RETAINING WALL EASEMENT (MN) CITY OF ST. PAUL, RAMSEY CO. - 2- CANADIAN PACIFIC RAILWAY a i -a�s ambit of the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq. or any similar state statute or local ordinance; (d) shall not, without priorwritten disclosure to and approval by the Grantor, Use or authorize the Use ofi any Hazardous Substance on the Property; (e) shall not cause or allow the Release or threat of Release of any Hazardous Subsfance on, to, or from the Property; (fl shall promptly notify the Grantor of any actual or suspected Release of any Hazardous Substance on, ta, orfrom the Property, regardless of the cause of the Release; (g) shall promptly provide the Grantor with copies of all summons, citations, directives, information inquiries or requests, notices of potential responsibility, notices ofviolation ordeficiency, orders ordecrees, claims, causes ofaction, complaints, investigations, judgments, letters, notices of environmental liens or Response actions in progress, and other communications, written or oral, actual or threatened, from the United States Environmental ProtectionAgency, the United States Occupational Safety and Health Administration, or other federal, state or local agency or authority, or any other entity or individuai, concerning any Release of a Hazardous Substance on, to or from the Property, or any alleged violation of or responsibility under any Environmental Law relating to the Property; and (h) shall promptly take afl necessary action in Response to any Release or Use of a Hazardous Substance at the Property that gives rise to any liability, claim, cause of action, obligation, demand, fine, penalty, loss, judgment or expense under any Environmental Law, or causes a significant public health or workpiace effect, or creates a nuisance. To the extent permitted by applicable law, the Grantee hereby releases and agrees to indemnify, hold harmless and defend the Grantor and its directors, officers, stockholders, divisions, agents, affiliates, subsidiaries, predecessors, successors and assigns, oranyone acting on its behalf or their behalf, from and against any and all Claims (including without limitation any Claims arising under any Environmentai Law and all Claims arising at common law, in equity or under a federal, state or locai statute, rule or regulation) of every kind, past, present and future, existing and contingent, known and unknown, arising from any injury to persons, firms or corporations whomsoever, including injuries resulting in death, and damage to property whatsoever, wherever such persons or property are located, caused by or attributable to, in whole or in part, any act or omission of the Grantee (or the Grantee's empioyees, agents, representatives, or invitees) in connection with the exercise of the right and privilege herein granted, including without limitation the Use or Release of Hazardous Substances by the Grantee and the breach by the Grantee of any of its warranties, representations or covenants. The Grantee's obligations hereunder shall survive the termination or expiration of this easement. As used herein, (a) "Claim" or "Claims" means any and all liabilities, suits, claims, counterclaims, causes of action, demands, penalties, debts, obligations, promises, acts, fines, judgments, damages, consequential damages, losses, costs, and expenses of every kind (including without limitation any attorney's fees, consultants' fees, response costs, remedial action costs, cleanup costs and expenses which may be related to any Claims); (b) "Environmental Law" or "Environmental Laws" means the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9601 et seq., the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq., the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq., the Clean Water Act, 33 FORM 800D.4/97.STD RETAINING WALL EASEMENT (MN) CITY OF ST. PAUL, RAMSEY CO. - 3- CANADIAN PACIFIG RAILWAY - ' 1 � � O�.�sts�' , U.S.C. § 1321 et seq., the Clean Air Act, 42 U.S.C. § 7401 et seq., the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq., all as amended from time to time, and any other federal, state, local orothergovernmental statute, regulation, rule, laworordinance dealing with the protection of human health, safety, natural resources or the environment now existing or hereafter enacted; (c) "Hazardous Substance" or "Hazardous Substances" means any pollufant, contaminant, hazardous substance or waste, solid waste, petroleum product, distillate, or fraction, radioactive material, chemicai known to cause cancer or reproductive toxicity, polychlorinated biphenyl or any other chemicai, substance or material listed or identified in or regulated by any Environmentaf Law; (d) "Release" or "Released" means any actual or threatened spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, disposing or spreading of any Hazardous Substance into the environment, as "environmenY' is defined in CERCLA; (e) "Response" or "Respond" means action taken in compliance with Environmental Laws to correct, remove, remediate, cieanup, prevent, mitigate, monitor, evaluate, investigate, assess or abate the Release of a Hazardous Substance; (fl "Use" means to manage, generate, manufacture, process, treat, store, use, re-use, refine, recycie, reclaim, blend or burn for energy recovery, incinerate, accumulate speculatively, transport, transfer, dispose of, or abandon a Hazardous Substance. This indenture shall inure to the benefit of and be binding upon the successors and assigns of the Grantor and the Grantee. SOO Its: STATE OF MINNESOTA COUNTY OF HENNEPIN ) ) ss: ) RAILROAD COMPANY r, Reai Estate Marketing, U.S. The foregoing easement was acknowledged before me this �/,o� day of 20�, by John P. Nail, Director, Real Estate Marketing, U.S., of Soo L ne R road Company, a corporation under the laws of the State of Minnesota, on behalf of th co,�, ryl�c r,.at,j,p - BAfiBARAM.YDUNG NOTARY PUBUC - MINNESOTA My Commission Expires Jan.31, 2005 �k��Gtifll J �. C.�.�/JY1C Notary Seal Notary Public FORM SOOD.4/97.STD RETAINING WALL EASEMENT (MN) CITY OF ST. PAUL, RAMSEY CO. - 4- CANADIAN PACIFIG RAILWAY a� -'�fiS This instrument was drafted by: R. B. Willman Real Estate Department Soo Line Railroad Company P.O. Box 530 Minneapolis, MN 55440 FORM 800D.4/97.STD RETAINING WALL EASEMENT (MN) CITY OF ST. PAUL, RAMSEY CO. - 5- CANADIAN PACIFIC RAILWAY - � � � .. S � � . �. Qe, 4 ` P s � � s A ^G e . o �• Q �S' 4 n O � v Q•t. � . 9 � � 4� . h o, T � � �a:� s� ° : s . F.� � p . A ' Sj. Q 4 0 � � } ` ��'! S' � " - O /y Q '' J� b '• �•2� � ♦ y ° O. l A ` 6 s � � ;. n � Q�6. � � 1 �� S� � � b / . � b r S O / � 8 S• tp� �n• C � m v m @� � 108 � � A�• . J C ` O 108�1)�� L9. � V' n V '/ � < D N O C �T p J C bt. .f p �.� RQ � l 4 , , � � ti a m y o i � + �S�[Ewa: D�c� / N� f i v°`� � � v' h� n fi/ � - o�o k ;'�. Z St a � F ., a , "�°z, Conc : etWall / ' � 'dew G � - �' Railit� ,�� ia.i • � I38i P� e `'' - ' ' ' �5��e Qlro Fenc ___ , � . � '-� C rc.D. i-- ,. a< .n�a PrmS.Ali � etWoll'f .- .�_�_ a , eano..� G.L.� T'0g limce'Fone,� �. iG.R' rnwcec.wr+� 2`0 ci.�/o/ { hor. - � ^> i Lim R GME� _ - � . �.' i � °GV�JB• � -' fO e _��.�.+- �e � �\\• "� � � � -p � Tn p 9910.iS—TIIC PiP.__ _--��==-"T- A ♦ men 1-� 1_ v't�= qn ¢ io an, qenT S � N Q � Algn � cn. Thro� na _�-- -� s- a Q Or�v�� yloll _ _�--.,� ••�•: v� •� l c'n - • _..+� =`._ °° .+��- R �,�/. ioo of f1 ILT ��-- - -�^� -, rOin� , -� —_� _ ----- �'� .. z s�ef.-e' s a9.9Z , � �, - — y ��===-- — ,- � g I �� S e- oo v �,ti_ � 1 ' • .^� 1 �� +(- HoY� N }iS¢ f' •r'• '{. l 1 � ""' ``�` � u�l+,�` o 1L r; . . � a.l ��M " �� a � m� �� " t � . � • n' ��R \`!'. W °^c � o f d� \ � ri y � . ��.\ h � �r vi a d >s b V�Q. �� ce � o n: �_ o y � u �_ �\` . ho . °� ° F / � *s. � �Q /� . '`� _ /� � \ N ., � , N o u ° �''"'� �iQ � Canadian PaciiFic Railway �`' N ��• � $ Ren( Estate Department CUS) \ '`" � 8ox 53U Mlnneapdis, MN 55440 e a x `>. � o� � E 9 �• Proposed Retaining Wall Easement S• � :. o � , T ST. PAi1L, R'1MSEY COBNTY, MN :�� 7/26/00 1" =100' p o .Q � s�a i .. Return copy to: Real Estate Division(LAL) 140 City Hall Presented By Referred To Council File # �� Green Sheet # 111907 RESOLUTION OF SAINT PAUL, MINNES„OTA lg Conunittee: Date i WHEREAS, the City if Saint Paul wishes to obtain an easement from the Soo Line Railroad Company for the z construction and maintenance of a retaining wall near Cliff Street and Superior Street; and, a WHEREAS, the Soo Line Railroad Company has prepared an easement document granting the desired s easement right to the City, a copy of which is attached and incorpotated herein by reference, � BE IT RESOLVED, that the City of Saint Paul hereby accepts this easement document; and 9 BE IT FtTRTHER RESOLVED, that the proper City officials are hereby authorized to record this easement io document with Ramsey County. Requested by Department of: Adopted by Council: Date �,� � 1� �oo � Adoption Certified by Council Secretary By: `� � . '� �� Approved by Mayor: Date �r'�r �.Q�/ By: � r Technologv & Mana�ement Services By: \��i�G � I��li� Director�� Form Approved by City Attomey By: ��f-�'aivr�-- �...'2.f1� 0) Approved by Mayor for Submission to Council By: �-'k�Yh.L i��`" J O�- 3gs T.M.S./REAL ESTATE DIVISION Date: March 23, 2001 Green Sh Number: 111907 Contatt Pecson and Phone N 2 DEPARTMENT DIRE O C1TY COlJNClI."' Louise A Langber �' 266-8850 1 CTTY ATTORNEY � crrr cr.eiuc Must be on Council Agenda by: B1/17GET DIRECfOR OFFICE OF F7NAPICIAI. SVCS. Whenever convenient 3 MAYOR(ORASSISTANl) REALESfATEDIVTSION TOTAL # OF SIGNATURE PAGES � (CI.IP ALL IACATIONS FOR SIGNATURE) ACTION R�QUESTID: Accept dedication of easement from Soo Line liailroad Company for construction and maintenance of a retaining wall near Cliff Street and Superior Street RECOMMI+NDATIONS: APPROVE (A) OR REJECT (R) pEggONAL SERVICE CONTRACTS MUST ANSWER TfiE FOLLOWING: 1. Has the person/£u�m ever worked under a contract for this deparlment? YES NO PLANNING COMMISSION A STAFF 2. Has this persodtirm ever been a City employee? YES NO CIVll.SERVICE COMMiSSION 3. Does this person/firm possess a sitill not normally possessed by any YES NO current City employee? Cffi Comm1'l'ree E lain all XES auswers on a se azate sheet and attach. SUPPORTS WHICH COUNCII. OBJECTIVE? COUNCIL 2 DISTRICT PI.ANNING COUNCII. 9 ARD(S) IIVITIATING PROBLEM, ISSUE, OPPORTUNITY (Whq Whay Wheq Where, Why?): The City would like to build a retaining wa11 for safety purposes near Cliff and Superior Streets to maintain the bluff area near the Soo Line Railroad tracks. Soo Line has prepared an easement dedication to allow for the construction and future maintenance of this wall. ADVANTAGES IF APPROVED: City could construct wall as planned, and bluff area would be stable. DLSADVANTAGES IF APPROVED: � � � � `y � � �8 None at this time. �?AR � C ?': „ DISADVANTAGESIFNOTAPPROVED: (�I�\/ ��`6`��{��j v o Ea e Bluff in that area could become unstable. TOTAL AMOUNT OF TRANSAC7TON: �� COST/REVEN[JE BUDGETED (CIRCLE ONE) YES NO FONDING SOURCE: ACTIVITY�NUMBER: FINANCIALINFORMATION: �XPLAIN) F � d�A�A� ( l��.... ,.. .- . >.. 4' 'e.7 ��,�°� i � . �� No. 30964 EASEMENT � - -�/,�.�.. �� _ � � CS � -'� frs In consideration of the sum of ZERO and No/100 Dollars ($0.00), the receipt whereof is hereby acknowiedged, Soo Line Railroad Company, a corporation under the laws of the State of Minnesota, having its principal place of business at 501 Marquette Avenue, Minneapolis, Minnesota 55402, and doing business as Canadian Pacific Railway, ("Grantor") hereby grants unto CITY OF ST. PAUL ("Grantee"), a municipal corporation, an easementforthe construction and maintenance of a retaining wall (the "retaining wall"), such easement to continue oniy so long as used for such purposes, in, over, under and upon the following described real property in the County of Ramsey, State of Minnesota (the "Property"): A permanent easement ofsufficientwidth for a retaining wall on, over and across the foilowing described real property: A part of Sec. 1, T28N, R23W; the centerline of said retaining wali is shown in approximation by the dark line cannecting points A and B on the attached Exhibit "A". The Grantor reserves unto itseif, and its successors and assigns, the right and privilege to use said Property for the mainte�ance and operation of railroad tracks and facilities, including the right to permit other paities to use said Propesty, and further reserving the right and privilege to use said Property for any and all other purposes that are not inconsistent with the use thereof for the purpose or purposes permitted by this indenture, and further reserving the right to prevent the placement or maintenance of any retaining wall facility upon said Property in a manner which would unreasonabiy interfere with the maintenance and safe and continuous operation of railroad tracks and facilities. FORM 800D.4/97.STD RETAIN{NG WAIL EASEMENT (MN) CITY OF ST. PAUL, RAMSEY CO. - 1- CANADIAN RAIIIFIG RAILWAY o�-aas' The Grantor �eserves the titie to said Property to itself, and the Grantee's maintenance and use for the above purposes upon said Property, however long continued, shall not vest in the Grantee rights adverse to those of the Grantor other than those granted by this indenture. The Granfee, after first securing all necessary pubiic authority, shall at the Grantee's sole expense, install and thereafter maintain the retaining wall upon and across the Property and underneath or across any railroad tracks located thereon at the above-described location in a manner satisfactory to the Grantor. The Grantee shall be responsible for determining the location and existence of any pipes, wires, conduits, sewers, piling or other obstructions to the construction of the Grantee's retaining wall and shall indemnify, hold harmless and defend the Grantor from and against any and afl liability for damage to the foregoing pipes, wires, conduits, sewers, piling or other obstructions, if any, caused by the construction or maintenance of the Grantee's retaining wall. The Grantor makes no representation by the granting of this indenture that its property is free of any such pipes, wires, conduits, sewers, pifings or other obstructions. The Grantee shall not carry on any work in connection with the installation, maintenance, repair, changing or renewal of the retaining wall or in close proximity to any raiiroad track at the above-described location until: (i) it shall have given the Grantor at least three (3) days' written notice, and (ii) an authorized representative of the Grantor shall be present to supervise same. Upon bills being rendered therefor, the Grantee shali promptly reimburse the Grantor for all expenses incurred by it in connection with such supervision, including ail labor costs for flagmen suppiied by the Grantor to protect railroad operations, and for the entire cost of the furnishing, installation and later removal of any temporary supports for said tracks. The Grantee, at the Grantee's sole expense, whenever notified to do so, shall promptly make such repairs to or changes in the retaining wal{, including changes in location, as the Grantor shall for any reason deem necessary. The Grantor shall have the right, at its election, to make emergency repairs to the retaining wall, and in such event the Grantee, upon biils being rendered therefor, will promptly reimburse the Grantor for all expenses incurred in connection therewith. The Grantee assumes ail risk of damage to or destruction of the retaining wall through any cause whatsoever while located upon and across the Property. The Grantee (a) shall be familiar with the requirements of, comply with, and secure at the Grantee's own expense any permits or licenses required by, ali applicable laws, regulations, ordinances, and standards, including without limitation all Environmental Laws; (b) shall, upon written request by the Grantor, provide the Grantor with the results of appropriate reports and tests and with any otherapplicable documents to demonstrate that the Grantee has complied with all Environmental Laws relating to the Property; (c) shail not in any manner cause or allow the Property to become a hazardous waste treatment, storage or disposal facility within the meaning of, or otherwise bring the Property within the FORM 800D.4/97.STD RETAINING WALL EASEMENT (MN) CITY OF ST. PAUL, RAMSEY CO. - 2- CANADIAN PACIFIC RAILWAY a i -a�s ambit of the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq. or any similar state statute or local ordinance; (d) shall not, without priorwritten disclosure to and approval by the Grantor, Use or authorize the Use ofi any Hazardous Substance on the Property; (e) shall not cause or allow the Release or threat of Release of any Hazardous Subsfance on, to, or from the Property; (fl shall promptly notify the Grantor of any actual or suspected Release of any Hazardous Substance on, ta, orfrom the Property, regardless of the cause of the Release; (g) shall promptly provide the Grantor with copies of all summons, citations, directives, information inquiries or requests, notices of potential responsibility, notices ofviolation ordeficiency, orders ordecrees, claims, causes ofaction, complaints, investigations, judgments, letters, notices of environmental liens or Response actions in progress, and other communications, written or oral, actual or threatened, from the United States Environmental ProtectionAgency, the United States Occupational Safety and Health Administration, or other federal, state or local agency or authority, or any other entity or individuai, concerning any Release of a Hazardous Substance on, to or from the Property, or any alleged violation of or responsibility under any Environmental Law relating to the Property; and (h) shall promptly take afl necessary action in Response to any Release or Use of a Hazardous Substance at the Property that gives rise to any liability, claim, cause of action, obligation, demand, fine, penalty, loss, judgment or expense under any Environmental Law, or causes a significant public health or workpiace effect, or creates a nuisance. To the extent permitted by applicable law, the Grantee hereby releases and agrees to indemnify, hold harmless and defend the Grantor and its directors, officers, stockholders, divisions, agents, affiliates, subsidiaries, predecessors, successors and assigns, oranyone acting on its behalf or their behalf, from and against any and all Claims (including without limitation any Claims arising under any Environmentai Law and all Claims arising at common law, in equity or under a federal, state or locai statute, rule or regulation) of every kind, past, present and future, existing and contingent, known and unknown, arising from any injury to persons, firms or corporations whomsoever, including injuries resulting in death, and damage to property whatsoever, wherever such persons or property are located, caused by or attributable to, in whole or in part, any act or omission of the Grantee (or the Grantee's empioyees, agents, representatives, or invitees) in connection with the exercise of the right and privilege herein granted, including without limitation the Use or Release of Hazardous Substances by the Grantee and the breach by the Grantee of any of its warranties, representations or covenants. The Grantee's obligations hereunder shall survive the termination or expiration of this easement. As used herein, (a) "Claim" or "Claims" means any and all liabilities, suits, claims, counterclaims, causes of action, demands, penalties, debts, obligations, promises, acts, fines, judgments, damages, consequential damages, losses, costs, and expenses of every kind (including without limitation any attorney's fees, consultants' fees, response costs, remedial action costs, cleanup costs and expenses which may be related to any Claims); (b) "Environmental Law" or "Environmental Laws" means the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9601 et seq., the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq., the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq., the Clean Water Act, 33 FORM 800D.4/97.STD RETAINING WALL EASEMENT (MN) CITY OF ST. PAUL, RAMSEY CO. - 3- CANADIAN PACIFIG RAILWAY - ' 1 � � O�.�sts�' , U.S.C. § 1321 et seq., the Clean Air Act, 42 U.S.C. § 7401 et seq., the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq., all as amended from time to time, and any other federal, state, local orothergovernmental statute, regulation, rule, laworordinance dealing with the protection of human health, safety, natural resources or the environment now existing or hereafter enacted; (c) "Hazardous Substance" or "Hazardous Substances" means any pollufant, contaminant, hazardous substance or waste, solid waste, petroleum product, distillate, or fraction, radioactive material, chemicai known to cause cancer or reproductive toxicity, polychlorinated biphenyl or any other chemicai, substance or material listed or identified in or regulated by any Environmentaf Law; (d) "Release" or "Released" means any actual or threatened spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, disposing or spreading of any Hazardous Substance into the environment, as "environmenY' is defined in CERCLA; (e) "Response" or "Respond" means action taken in compliance with Environmental Laws to correct, remove, remediate, cieanup, prevent, mitigate, monitor, evaluate, investigate, assess or abate the Release of a Hazardous Substance; (fl "Use" means to manage, generate, manufacture, process, treat, store, use, re-use, refine, recycie, reclaim, blend or burn for energy recovery, incinerate, accumulate speculatively, transport, transfer, dispose of, or abandon a Hazardous Substance. This indenture shall inure to the benefit of and be binding upon the successors and assigns of the Grantor and the Grantee. SOO Its: STATE OF MINNESOTA COUNTY OF HENNEPIN ) ) ss: ) RAILROAD COMPANY r, Reai Estate Marketing, U.S. The foregoing easement was acknowledged before me this �/,o� day of 20�, by John P. Nail, Director, Real Estate Marketing, U.S., of Soo L ne R road Company, a corporation under the laws of the State of Minnesota, on behalf of th co,�, ryl�c r,.at,j,p - BAfiBARAM.YDUNG NOTARY PUBUC - MINNESOTA My Commission Expires Jan.31, 2005 �k��Gtifll J �. C.�.�/JY1C Notary Seal Notary Public FORM SOOD.4/97.STD RETAINING WALL EASEMENT (MN) CITY OF ST. PAUL, RAMSEY CO. - 4- CANADIAN PACIFIG RAILWAY a� -'�fiS This instrument was drafted by: R. B. Willman Real Estate Department Soo Line Railroad Company P.O. Box 530 Minneapolis, MN 55440 FORM 800D.4/97.STD RETAINING WALL EASEMENT (MN) CITY OF ST. PAUL, RAMSEY CO. - 5- CANADIAN PACIFIC RAILWAY - � � � .. S � � . �. Qe, 4 ` P s � � s A ^G e . o �• Q �S' 4 n O � v Q•t. � . 9 � � 4� . h o, T � � �a:� s� ° : s . F.� � p . A ' Sj. Q 4 0 � � } ` ��'! S' � " - O /y Q '' J� b '• �•2� � ♦ y ° O. l A ` 6 s � � ;. n � Q�6. � � 1 �� S� � � b / . � b r S O / � 8 S• tp� �n• C � m v m @� � 108 � � A�• . J C ` O 108�1)�� L9. � V' n V '/ � < D N O C �T p J C bt. .f p �.� RQ � l 4 , , � � ti a m y o i � + �S�[Ewa: D�c� / N� f i v°`� � � v' h� n fi/ � - o�o k ;'�. Z St a � F ., a , "�°z, Conc : etWall / ' � 'dew G � - �' Railit� ,�� ia.i • � I38i P� e `'' - ' ' ' �5��e Qlro Fenc ___ , � . � '-� C rc.D. i-- ,. a< .n�a PrmS.Ali � etWoll'f .- .�_�_ a , eano..� G.L.� T'0g limce'Fone,� �. iG.R' rnwcec.wr+� 2`0 ci.�/o/ { hor. - � ^> i Lim R GME� _ - � . �.' i � °GV�JB• � -' fO e _��.�.+- �e � �\\• "� � � � -p � Tn p 9910.iS—TIIC PiP.__ _--��==-"T- A ♦ men 1-� 1_ v't�= qn ¢ io an, qenT S � N Q � Algn � cn. Thro� na _�-- -� s- a Q Or�v�� yloll _ _�--.,� ••�•: v� •� l c'n - • _..+� =`._ °° .+��- R �,�/. ioo of f1 ILT ��-- - -�^� -, rOin� , -� —_� _ ----- �'� .. z s�ef.-e' s a9.9Z , � �, - — y ��===-- — ,- � g I �� S e- oo v �,ti_ � 1 ' • .^� 1 �� +(- HoY� N }iS¢ f' •r'• '{. l 1 � ""' ``�` � u�l+,�` o 1L r; . . � a.l ��M " �� a � m� �� " t � . � • n' ��R \`!'. W °^c � o f d� \ � ri y � . ��.\ h � �r vi a d >s b V�Q. �� ce � o n: �_ o y � u �_ �\` . ho . °� ° F / � *s. � �Q /� . '`� _ /� � \ N ., � , N o u ° �''"'� �iQ � Canadian PaciiFic Railway �`' N ��• � $ Ren( Estate Department CUS) \ '`" � 8ox 53U Mlnneapdis, MN 55440 e a x `>. � o� � E 9 �• Proposed Retaining Wall Easement S• � :. o � , T ST. PAi1L, R'1MSEY COBNTY, MN :�� 7/26/00 1" =100' p o .Q � s�a i .. Return copy to: Real Estate Division(LAL) 140 City Hall Presented By Referred To Council File # �� Green Sheet # 111907 RESOLUTION OF SAINT PAUL, MINNES„OTA lg Conunittee: Date i WHEREAS, the City if Saint Paul wishes to obtain an easement from the Soo Line Railroad Company for the z construction and maintenance of a retaining wall near Cliff Street and Superior Street; and, a WHEREAS, the Soo Line Railroad Company has prepared an easement document granting the desired s easement right to the City, a copy of which is attached and incorpotated herein by reference, � BE IT RESOLVED, that the City of Saint Paul hereby accepts this easement document; and 9 BE IT FtTRTHER RESOLVED, that the proper City officials are hereby authorized to record this easement io document with Ramsey County. Requested by Department of: Adopted by Council: Date �,� � 1� �oo � Adoption Certified by Council Secretary By: `� � . '� �� Approved by Mayor: Date �r'�r �.Q�/ By: � r Technologv & Mana�ement Services By: \��i�G � I��li� Director�� Form Approved by City Attomey By: ��f-�'aivr�-- �...'2.f1� 0) Approved by Mayor for Submission to Council By: �-'k�Yh.L i��`" J O�- 3gs T.M.S./REAL ESTATE DIVISION Date: March 23, 2001 Green Sh Number: 111907 Contatt Pecson and Phone N 2 DEPARTMENT DIRE O C1TY COlJNClI."' Louise A Langber �' 266-8850 1 CTTY ATTORNEY � crrr cr.eiuc Must be on Council Agenda by: B1/17GET DIRECfOR OFFICE OF F7NAPICIAI. SVCS. Whenever convenient 3 MAYOR(ORASSISTANl) REALESfATEDIVTSION TOTAL # OF SIGNATURE PAGES � (CI.IP ALL IACATIONS FOR SIGNATURE) ACTION R�QUESTID: Accept dedication of easement from Soo Line liailroad Company for construction and maintenance of a retaining wall near Cliff Street and Superior Street RECOMMI+NDATIONS: APPROVE (A) OR REJECT (R) pEggONAL SERVICE CONTRACTS MUST ANSWER TfiE FOLLOWING: 1. Has the person/£u�m ever worked under a contract for this deparlment? YES NO PLANNING COMMISSION A STAFF 2. Has this persodtirm ever been a City employee? YES NO CIVll.SERVICE COMMiSSION 3. Does this person/firm possess a sitill not normally possessed by any YES NO current City employee? Cffi Comm1'l'ree E lain all XES auswers on a se azate sheet and attach. SUPPORTS WHICH COUNCII. OBJECTIVE? COUNCIL 2 DISTRICT PI.ANNING COUNCII. 9 ARD(S) IIVITIATING PROBLEM, ISSUE, OPPORTUNITY (Whq Whay Wheq Where, Why?): The City would like to build a retaining wa11 for safety purposes near Cliff and Superior Streets to maintain the bluff area near the Soo Line Railroad tracks. Soo Line has prepared an easement dedication to allow for the construction and future maintenance of this wall. ADVANTAGES IF APPROVED: City could construct wall as planned, and bluff area would be stable. DLSADVANTAGES IF APPROVED: � � � � `y � � �8 None at this time. �?AR � C ?': „ DISADVANTAGESIFNOTAPPROVED: (�I�\/ ��`6`��{��j v o Ea e Bluff in that area could become unstable. TOTAL AMOUNT OF TRANSAC7TON: �� COST/REVEN[JE BUDGETED (CIRCLE ONE) YES NO FONDING SOURCE: ACTIVITY�NUMBER: FINANCIALINFORMATION: �XPLAIN) F � d�A�A� ( l��.... ,.. .- . >.. 4' 'e.7 ��,�°� i � . �� No. 30964 EASEMENT � - -�/,�.�.. �� _ � � CS � -'� frs In consideration of the sum of ZERO and No/100 Dollars ($0.00), the receipt whereof is hereby acknowiedged, Soo Line Railroad Company, a corporation under the laws of the State of Minnesota, having its principal place of business at 501 Marquette Avenue, Minneapolis, Minnesota 55402, and doing business as Canadian Pacific Railway, ("Grantor") hereby grants unto CITY OF ST. PAUL ("Grantee"), a municipal corporation, an easementforthe construction and maintenance of a retaining wall (the "retaining wall"), such easement to continue oniy so long as used for such purposes, in, over, under and upon the following described real property in the County of Ramsey, State of Minnesota (the "Property"): A permanent easement ofsufficientwidth for a retaining wall on, over and across the foilowing described real property: A part of Sec. 1, T28N, R23W; the centerline of said retaining wali is shown in approximation by the dark line cannecting points A and B on the attached Exhibit "A". The Grantor reserves unto itseif, and its successors and assigns, the right and privilege to use said Property for the mainte�ance and operation of railroad tracks and facilities, including the right to permit other paities to use said Propesty, and further reserving the right and privilege to use said Property for any and all other purposes that are not inconsistent with the use thereof for the purpose or purposes permitted by this indenture, and further reserving the right to prevent the placement or maintenance of any retaining wall facility upon said Property in a manner which would unreasonabiy interfere with the maintenance and safe and continuous operation of railroad tracks and facilities. FORM 800D.4/97.STD RETAIN{NG WAIL EASEMENT (MN) CITY OF ST. PAUL, RAMSEY CO. - 1- CANADIAN RAIIIFIG RAILWAY o�-aas' The Grantor �eserves the titie to said Property to itself, and the Grantee's maintenance and use for the above purposes upon said Property, however long continued, shall not vest in the Grantee rights adverse to those of the Grantor other than those granted by this indenture. The Granfee, after first securing all necessary pubiic authority, shall at the Grantee's sole expense, install and thereafter maintain the retaining wall upon and across the Property and underneath or across any railroad tracks located thereon at the above-described location in a manner satisfactory to the Grantor. The Grantee shall be responsible for determining the location and existence of any pipes, wires, conduits, sewers, piling or other obstructions to the construction of the Grantee's retaining wall and shall indemnify, hold harmless and defend the Grantor from and against any and afl liability for damage to the foregoing pipes, wires, conduits, sewers, piling or other obstructions, if any, caused by the construction or maintenance of the Grantee's retaining wall. The Grantor makes no representation by the granting of this indenture that its property is free of any such pipes, wires, conduits, sewers, pifings or other obstructions. The Grantee shall not carry on any work in connection with the installation, maintenance, repair, changing or renewal of the retaining wall or in close proximity to any raiiroad track at the above-described location until: (i) it shall have given the Grantor at least three (3) days' written notice, and (ii) an authorized representative of the Grantor shall be present to supervise same. Upon bills being rendered therefor, the Grantee shali promptly reimburse the Grantor for all expenses incurred by it in connection with such supervision, including ail labor costs for flagmen suppiied by the Grantor to protect railroad operations, and for the entire cost of the furnishing, installation and later removal of any temporary supports for said tracks. The Grantee, at the Grantee's sole expense, whenever notified to do so, shall promptly make such repairs to or changes in the retaining wal{, including changes in location, as the Grantor shall for any reason deem necessary. The Grantor shall have the right, at its election, to make emergency repairs to the retaining wall, and in such event the Grantee, upon biils being rendered therefor, will promptly reimburse the Grantor for all expenses incurred in connection therewith. The Grantee assumes ail risk of damage to or destruction of the retaining wall through any cause whatsoever while located upon and across the Property. The Grantee (a) shall be familiar with the requirements of, comply with, and secure at the Grantee's own expense any permits or licenses required by, ali applicable laws, regulations, ordinances, and standards, including without limitation all Environmental Laws; (b) shall, upon written request by the Grantor, provide the Grantor with the results of appropriate reports and tests and with any otherapplicable documents to demonstrate that the Grantee has complied with all Environmental Laws relating to the Property; (c) shail not in any manner cause or allow the Property to become a hazardous waste treatment, storage or disposal facility within the meaning of, or otherwise bring the Property within the FORM 800D.4/97.STD RETAINING WALL EASEMENT (MN) CITY OF ST. PAUL, RAMSEY CO. - 2- CANADIAN PACIFIC RAILWAY a i -a�s ambit of the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq. or any similar state statute or local ordinance; (d) shall not, without priorwritten disclosure to and approval by the Grantor, Use or authorize the Use ofi any Hazardous Substance on the Property; (e) shall not cause or allow the Release or threat of Release of any Hazardous Subsfance on, to, or from the Property; (fl shall promptly notify the Grantor of any actual or suspected Release of any Hazardous Substance on, ta, orfrom the Property, regardless of the cause of the Release; (g) shall promptly provide the Grantor with copies of all summons, citations, directives, information inquiries or requests, notices of potential responsibility, notices ofviolation ordeficiency, orders ordecrees, claims, causes ofaction, complaints, investigations, judgments, letters, notices of environmental liens or Response actions in progress, and other communications, written or oral, actual or threatened, from the United States Environmental ProtectionAgency, the United States Occupational Safety and Health Administration, or other federal, state or local agency or authority, or any other entity or individuai, concerning any Release of a Hazardous Substance on, to or from the Property, or any alleged violation of or responsibility under any Environmental Law relating to the Property; and (h) shall promptly take afl necessary action in Response to any Release or Use of a Hazardous Substance at the Property that gives rise to any liability, claim, cause of action, obligation, demand, fine, penalty, loss, judgment or expense under any Environmental Law, or causes a significant public health or workpiace effect, or creates a nuisance. To the extent permitted by applicable law, the Grantee hereby releases and agrees to indemnify, hold harmless and defend the Grantor and its directors, officers, stockholders, divisions, agents, affiliates, subsidiaries, predecessors, successors and assigns, oranyone acting on its behalf or their behalf, from and against any and all Claims (including without limitation any Claims arising under any Environmentai Law and all Claims arising at common law, in equity or under a federal, state or locai statute, rule or regulation) of every kind, past, present and future, existing and contingent, known and unknown, arising from any injury to persons, firms or corporations whomsoever, including injuries resulting in death, and damage to property whatsoever, wherever such persons or property are located, caused by or attributable to, in whole or in part, any act or omission of the Grantee (or the Grantee's empioyees, agents, representatives, or invitees) in connection with the exercise of the right and privilege herein granted, including without limitation the Use or Release of Hazardous Substances by the Grantee and the breach by the Grantee of any of its warranties, representations or covenants. The Grantee's obligations hereunder shall survive the termination or expiration of this easement. As used herein, (a) "Claim" or "Claims" means any and all liabilities, suits, claims, counterclaims, causes of action, demands, penalties, debts, obligations, promises, acts, fines, judgments, damages, consequential damages, losses, costs, and expenses of every kind (including without limitation any attorney's fees, consultants' fees, response costs, remedial action costs, cleanup costs and expenses which may be related to any Claims); (b) "Environmental Law" or "Environmental Laws" means the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9601 et seq., the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq., the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq., the Clean Water Act, 33 FORM 800D.4/97.STD RETAINING WALL EASEMENT (MN) CITY OF ST. PAUL, RAMSEY CO. - 3- CANADIAN PACIFIG RAILWAY - ' 1 � � O�.�sts�' , U.S.C. § 1321 et seq., the Clean Air Act, 42 U.S.C. § 7401 et seq., the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq., all as amended from time to time, and any other federal, state, local orothergovernmental statute, regulation, rule, laworordinance dealing with the protection of human health, safety, natural resources or the environment now existing or hereafter enacted; (c) "Hazardous Substance" or "Hazardous Substances" means any pollufant, contaminant, hazardous substance or waste, solid waste, petroleum product, distillate, or fraction, radioactive material, chemicai known to cause cancer or reproductive toxicity, polychlorinated biphenyl or any other chemicai, substance or material listed or identified in or regulated by any Environmentaf Law; (d) "Release" or "Released" means any actual or threatened spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, disposing or spreading of any Hazardous Substance into the environment, as "environmenY' is defined in CERCLA; (e) "Response" or "Respond" means action taken in compliance with Environmental Laws to correct, remove, remediate, cieanup, prevent, mitigate, monitor, evaluate, investigate, assess or abate the Release of a Hazardous Substance; (fl "Use" means to manage, generate, manufacture, process, treat, store, use, re-use, refine, recycie, reclaim, blend or burn for energy recovery, incinerate, accumulate speculatively, transport, transfer, dispose of, or abandon a Hazardous Substance. This indenture shall inure to the benefit of and be binding upon the successors and assigns of the Grantor and the Grantee. SOO Its: STATE OF MINNESOTA COUNTY OF HENNEPIN ) ) ss: ) RAILROAD COMPANY r, Reai Estate Marketing, U.S. The foregoing easement was acknowledged before me this �/,o� day of 20�, by John P. Nail, Director, Real Estate Marketing, U.S., of Soo L ne R road Company, a corporation under the laws of the State of Minnesota, on behalf of th co,�, ryl�c r,.at,j,p - BAfiBARAM.YDUNG NOTARY PUBUC - MINNESOTA My Commission Expires Jan.31, 2005 �k��Gtifll J �. C.�.�/JY1C Notary Seal Notary Public FORM SOOD.4/97.STD RETAINING WALL EASEMENT (MN) CITY OF ST. PAUL, RAMSEY CO. - 4- CANADIAN PACIFIG RAILWAY a� -'�fiS This instrument was drafted by: R. B. Willman Real Estate Department Soo Line Railroad Company P.O. Box 530 Minneapolis, MN 55440 FORM 800D.4/97.STD RETAINING WALL EASEMENT (MN) CITY OF ST. PAUL, RAMSEY CO. - 5- CANADIAN PACIFIC RAILWAY - � � � .. S � � . �. Qe, 4 ` P s � � s A ^G e . o �• Q �S' 4 n O � v Q•t. � . 9 � � 4� . h o, T � � �a:� s� ° : s . F.� � p . A ' Sj. Q 4 0 � � } ` ��'! S' � " - O /y Q '' J� b '• �•2� � ♦ y ° O. l A ` 6 s � � ;. n � Q�6. � � 1 �� S� � � b / . � b r S O / � 8 S• tp� �n• C � m v m @� � 108 � � A�• . J C ` O 108�1)�� L9. � V' n V '/ � < D N O C �T p J C bt. .f p �.� RQ � l 4 , , � � ti a m y o i � + �S�[Ewa: D�c� / N� f i v°`� � � v' h� n fi/ � - o�o k ;'�. Z St a � F ., a , "�°z, Conc : etWall / ' � 'dew G � - �' Railit� ,�� ia.i • � I38i P� e `'' - ' ' ' �5��e Qlro Fenc ___ , � . � '-� C rc.D. i-- ,. a< .n�a PrmS.Ali � etWoll'f .- .�_�_ a , eano..� G.L.� T'0g limce'Fone,� �. iG.R' rnwcec.wr+� 2`0 ci.�/o/ { hor. - � ^> i Lim R GME� _ - � . �.' i � °GV�JB• � -' fO e _��.�.+- �e � �\\• "� � � � -p � Tn p 9910.iS—TIIC PiP.__ _--��==-"T- A ♦ men 1-� 1_ v't�= qn ¢ io an, qenT S � N Q � Algn � cn. Thro� na _�-- -� s- a Q Or�v�� yloll _ _�--.,� ••�•: v� •� l c'n - • _..+� =`._ °° .+��- R �,�/. ioo of f1 ILT ��-- - -�^� -, rOin� , -� —_� _ ----- �'� .. z s�ef.-e' s a9.9Z , � �, - — y ��===-- — ,- � g I �� S e- oo v �,ti_ � 1 ' • .^� 1 �� +(- HoY� N }iS¢ f' •r'• '{. l 1 � ""' ``�` � u�l+,�` o 1L r; . . � a.l ��M " �� a � m� �� " t � . � • n' ��R \`!'. W °^c � o f d� \ � ri y � . ��.\ h � �r vi a d >s b V�Q. �� ce � o n: �_ o y � u �_ �\` . ho . °� ° F / � *s. � �Q /� . '`� _ /� � \ N ., � , N o u ° �''"'� �iQ � Canadian PaciiFic Railway �`' N ��• � $ Ren( Estate Department CUS) \ '`" � 8ox 53U Mlnneapdis, MN 55440 e a x `>. � o� � E 9 �• Proposed Retaining Wall Easement S• � :. o � , T ST. PAi1L, R'1MSEY COBNTY, MN :�� 7/26/00 1" =100' p o .Q � s�a i ..