265118 WH17E - CITY CL �y^���� �
PINK - FINAN •rL�
� CANqRV--.DEP TMENT GITY OF SAINT PAUL COUC1C11 ���
�,UE�. - MAY R File NO.
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- ouncil Resolution
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Presented By �
� Referre To Committee: Date
Out of Committee By Date
WHEREAS� Capitol Supply Company� a Minnesota corporation, ha.s
applied to register title to land located within the City of Saint
Paul, and the City ha.s been named as a respondent because of cer-
tain utility easements tha.t were retained by the City in vacating
various portions of streets and alleys within the property sought
to be registered; and
WHEREAS, The City Attorney, with the assistance of the Bureau
of Valuations, ha.s recommended that the City execute an agreement
with Ca.pitol Supply Company specifying the locations of the various
sewer and water easements that are to be retained on behalf of the
City of Saint Paul within this property thus ma.king it possible for
Ca.pitol Supply Company to register title to the property and pre-
serve the City�s interest in the easements; now, therefore, be it
RESOLVED, That the Council of the City of Saint Paul does here- '
by authorize the Ma.yor, Director of Fina.nce and Management Servicess
and the City Clerk to execute on beha.lf of the City said agreement
on easements with Ca.pitol Supply Company, a copy of which is at- '
tached hereto� and the City Attorney is authorized to transmit the
completely executed agreement on easements to the attorney for '
Ca.pitol Supply Company to be used for purposes of registering the
title to its land.
COUIVCILMEIV Requested by Department of:
Yeas Nays
Christensen
Hozza in Favor
Levine �
Roedler Against BY
Sylvester
°h!de�see
President Hunt
� 4 Form Approve by 'ty A ne
Adopted by Council• Date }g�
Certified P s d b ouncil Secretary � BY
By
Approve Mayor: D Approved by ay u ion Council
By By
PUBLISHED MAR 8 1975
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AGREEMENT ON EASEMENTS
� THIS AGREEMENT, made this day of February , 1975 ,
between Capitol Supply Company, a corporation under the laws of (
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the State of Minnesota, party of the first part, and the City of �
Saint Paul, a municipal corporation under the laws of the state
of Minnesota, party of the second part, I,
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WITNESS, that the said party of the first part, in con- f
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sideration of the sum of One Dollar ($1 . 00) and other good and '
valuable consideration to it in hand paid by said party of the `
second part, receipt whereof is hereby acknowledged, does hereby
grant a permanent easement for sewer and water purposes unto the
said party of the second part, or its assigns . This agreement
shall be in lieu of any rights either party may claim through
previous conveyances. Said easement shall be on, over, and across
the following described property:
A permanent easement for sewer and water purposes on,
over, and across the following described property: All
that part of Becker Place, vacated, Lafayette Avenue,
vacated (formerly Herkimer Avenue) and the adjoining
Lane vacated, all in Warren and Winslow' s Addition to
the Town of St. Paul bounded by the following described
line: Commencing at the southeast corner of Lot 6 , ',
Block 12 , Warren and Winslow' s Addition to the Town of '
St. Paul; thence West along the South line of said Lot 6
a distance of 10, 30 feet to the point of beginning of
the line to be described; thence south deflecting to the
left 90 degrees a distance of 7 . 5 feet, more or less, to
an intersection with the centerline of said Lane; thence
West along said centerline a distance of 164 feet; thence
South at right angles 7 . 5 feet, more or less, to an inter-
section with the extension East of the South line of
Lot 6, Block 13; thence West along the extension of said
South line to the most easterly corner of said Lot 6;
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_ thence northwesterly along the northeasterly lines of �
Lots 5 and 6, Block 13 and the northwesterly extension
thereof to an intersection with the Northwesterly line
of Parcel 2; thence northeasterly along said Northwesterly
line of Parcel 2 to its intersection with the extension
Northwesterly of the Southwesterly lines of Lot 1 and 2,
Block 12; thence Southeasterly along the Southwesterly
lines of said Lots 1 and 2 and the extension thereof to i
an intersection with the south line of said Lot 1; !
thence East along the south line of Lots 1 and 6, �
Block 12 to the point of beginning. �
Also; a permanent easement for sewer and water purposes �
on, over, and across the following described property: ;
Commencing at the mos�C westerly corner of Parcel 2 ; I,
thence southeasterly along the Southwesterly line of
said Parcel 2 a distance of 30 feet to a point; thence
northeasterly at right angles to the last described ,
line a distance of 140 feet to a point; thence north- �
westerly along a line 140 feet northeasterly of and
parallel to the Southwesterly line of said Parcel 2 to
its intersection with the Northwesterly line of said
Parcel 2 ; thence southwesterly along the Northwesterly
line of Parcel 2 to the point of beginning.
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The references in the legal description to parcel 1 and
parcel Z shall be to those parcels described in Exhibit "A" which
is attached hereto and made a part of this agreement.
IN TESTIMONY WHEREOF, the said first party and second I
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party has caused this agreement to be executed the day and year !
first above written. �
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CAPITOL SUPPLY COMPA '
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Approv d as to f rm: '
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B. �
. . Vice-President 1
Ass�ant' ty t ney l
` I,1 CITY OF SAINT PAUL 1
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By .
Mayor
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. . By . �
irector o inance anage- �
ment Services
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STATE OF MINNESOTA ) I,
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COUNTY OF RAMSEY )
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On thi5 9th day of December, 1974, before me a Notary ��
Public within and�or-said County personally appeared � � �
Burton B. Fudolph and � � " " � � � �
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to me personally known and the said Burton B. Rudolph �
and � acknowledged said instrument to
be t e ree act an ee o sai co tions .
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otary u ic '
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Parcel 1 : That part of Lot 10 , "Bass ' Addition of Out Lots ;
. . to the Town of St. Paul" lying Northerly of a �
line extending from a point on the East line of {
said Lot 10, distant 258 . 76 feet South from the �
Northeast corner of said Lot to a point on the �;
West line of said Lot 10, distant 55 .48 feet ,'
South from the Northwest corner of said Lot.
Parcel 2 : Lots 1 to S, inclusive, Block 12 , Lots 4 , 6, and ;
that part of Lot 5 lying Southeasterly of the
Northwesterly 100 feet thereof, Block 13, that
part of Lot 6, Block 12 , those parts of Lots 2
and 3, Block 13, those parts of Lots 3 to 6 ,
inclusive, Block 7 , that part of adjoining �
Herkimer Avenue, vacated, that part of adjoin-
ing Iris Alley, vacated, that part of the adjoin- `
ing Lane, vacated, and that part of adjoining (
Becker Place, vacated, all in Warren and j�Tinslow' s �;
Addition to the Town of St . Paul, all described
as beginning at a point on the East line of said �
Lot 6, Block 12, distant 50 feet South from the �
Northeast corner of said Lot 6; thence South �
along the East line of said Lot 6 to the South- �
east corner thereof; thence West along the . �`
South line of said Lot 6 a distance of 10.30 feet; �
thence South deflecting to the left 90 degrees a
distance of 7 . 5 feet, more or less, to an inter- �
� section with the centerline of said Lane; thence 1'
ti�Test along said centerline a distance of 164 feet; '
thence South, at right angles 7 . 5 feet, more or
less, to an intersection with the extension East
of the South line of said Lot 6, Block 13; �
thence ��Vest along the extension of said
South line and along the South lines of said
Lots 6, 4 and 3, Block 13 , to a point on
the South line of said Lot 3 distant 52 feet
West from the Southeast corner of said _ �
Lot 3 ; thence Northwesterly, deflecting ,
to the right 45 degrees 28 minutes, a �
distance of 95.44 feet; thence Northeasterly i
deflecting to the right 89 degrees 24 minutes ,.
a distance of 125 . 53 feet; thence on a tan- a
gential curve to the right, having a radius t:
of 1157 feet, a distance of 142 . 02 feet; �
thence Northeasterly on a tangent to said I
last described curve a distance of 92 .70 feet, I
more or less, to an intersection with the ;'
Northeasterly line of said Block 12 and its ;
extension; thence Southeasterly along said
last described parallel line a distance of
168 . 03 feet to an intersection with a line .
drawn parallel to and 100 feet West from the
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East line of said Block 12 and its extension; �
thence South along said last described parallel �
line a distance of 91 , 19 feet to an intersection �
with a line extending West, at right angles to �
the East line of said Block 12, from the point �
of beginning; thence East to the point of
beginning; except the Northwesterly 100 feet
of said Lot S, Block 13.
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EXHIBIT "A" `
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CITY OF SAINT PAUL
OFFICE OF THE CITY ATTORNEY
February 19, 1975 PIERRE N. REGNIER
Mayor La.wrence Cohen
City of Saint Paul !
347 Building �
Dear Mayor Cohen:
Enclosed please find resolution authorizing the signing
of the Agreement on Easements with Ca.pitol Supply Compa.ny.
Attached to the resolution is a copy of the agreement
as executed by the Ca.pitol Supply Company. This matter
has been reviewed by our office and the Valua.tion Bureau ;
and we recommend tha.t the City Council approve the resolu- I
tion and that the agreement be entered into. The purpose ;
of the agreement is to clarify the location of the re- i.
tained sewer and water easements. �
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If y ha.ve any questions, please feel free to call.
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You very tru ,
JER G
Assi ant ity Attorney '
JJS:er
Encl.
cc:J. Wm. Donovan, Valua.tions
La.rry Neilson, Attorney at La.w
City Hall, Saint Paul, Minnesota 55102
612 298-5121