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263800 WHITE r GTY CLERK � ��1(�^�O PINK - FINANCE C�unCll h={�� CANARY -DEPARTMENT GITY OF SAINT PAUL v�,� @'LUE -MAYOR File � NO. - n esal ion HFSRank�d s� � Referred To C mit Date Out af Committee By Date RESOLVED, That the Council of the City of Saint Paul does hereby approve and authorize the execution of an agreement with Feyen Construction Company whereby the City will be given a temporary use of the East 50 feet of Lot 26, Block 13, Foundry Addition, for the purpose of construction access in connection with the City s repair work to be done on the Western Avenue Bridge, City Project No. B-1055, the City being obligated to construct a temporary cyclone fence around the property and to pay as compensation therefor the sum of $150.00 per month, the permission and authority to continue until December 31, 1974, or upon completion and final acceptance of the work, whichever date comes first �I'L��I�� �� � rrs.ense �aX� Requested by Department of: Hozza Levine In �a�ror Roedler Sylvester A�inst BY Tedesco President Hurrt a��� ��r: ��. +tUL 2 1974 F«m �P�a c� Att y Cert� ' bx � ' .��et � �� A�o�r `bx 11�yrot: �s.�e �� �► Council � _.. �' PUBLISHED JU� 13 1974 J. YVILLIAM DONOVAN ��_j.�l�r Valuotion E�gineer ROY E. BREDAHL, Jr. C I T Y O F S A I N T PA U L �����0 As'�t v°i°°��°� E�9�`�e°� BUREAU OF VALUATIONS 216 Cify Hall S�inf P�ul, Minn��o1� 66102 MII�lO: To: Phil Lee From: J. William Donovan Date; June 19, 197�+ Subject: Western Avenue Bridge, Acquisition of easement for rel�air A�ta.ched hereto is a resolution and a draft of an ags'eement, pre�ared by the City Attorney, t�rhich ti-ri11 permit the City to make necessary repairs to the Western Avenue Bridge near Como Avenue. The items noted in the agreement are acceptable to the o�mer of the lands re�uired, and I hereby recommend acc.ebtance of this agreement; the compensation stated therein being the fair and reasonable market value thereof. . 263��p A G R E E M E N T THIS AGREEMENT, Made and entered into this day of , 1974, by and between the City of Saint Paul, a municipal corporation of the State of Minnesota, herein- after referred to as "City", and Feyen Construction Company, a corporation existing under the laws of the State of Minnesota, hereinafter referred to as "Company", WITNESSETH: - WHEREAS, Company is the owner of certain lands situated in the City of Saint Paul, County of Ramsey, State of Minnesota, over and across which the City desires a temporary construction easement for the purpose of obtaining access during the con- struction of the City' s Western Avenue Bridge; and WHEREAS, Company has agreed to allow City use of a portion of its property, subject to the terms and conditions set forth below; . NOW, THEREFORE, the parties hereto mutually agree as follows: l. The Company, in consideration of the sum of One Hundred Fifty Dollars ($150.00) per month or portion thereof, does hereby grant to City permission to use that portion of land owned by Company and described as being the East SO feet of Lot 26, Block 13, 263��0 Foundry addition, for the purpose of construction access in connection with the City' s repair work to be done on the Western Avenue Bridge, City Project No. B-1055. City shall notify Company in writing when it proposes to commence the necessary repair work and use the Company' s land for construction access. City shall become obligated to compensate Company from the date of that letter until such time as the repair work is completed, which completion date shall be the date on which City notifies Company in writing that it no longer desires the _ use of Company' s premises. 2. In further consideration for the use of Company' s property as set forth above, City shall secure the adjacent private property by construction of an eight-foot high temporary chain link fence at no cost to Company. 3. This Agreement shall terminate on December 31, 1974, or upon completion and final acceptance of the work and notification in writing to Company by City as required and set forth in Paragraph 1 above. IN WITNESS WHEREOF, the City and Company have caused this Agreement to be executed in its corporate name as of the day and year first above written. ' CITY OF SAINT PAUL By Mayor City Clerk Director - Department of Finance and Management Services FEYEN CONSTRUCTION COMPANY BY Its And Its �_ 263��p STATE OF MINNESOTA ) ) ss . COUNTY OF RAMSEY ) On this day of ' , 1974, before me, a notary public within and for said County, per- sonally appeared Lawrence D. Cohen, Rose Mix, and Robert W. Trudeau, to me personally known, who, being each by me duly sworn, did �ay that they are respectively the Mayor, City Clerk, and Director of Finance and Management Services of the City of Saint Paul, Minnesota, named in the foregoing instrument, and that the seal affixed to said instrurient is the seal of the � City of Saint Pau1, and that sa�d instrument was signed and sealed in behalf of said City of Saint Paul by authority granted pursuant to formal resolution of the Council of the City of Saint Paul, Council File No. , passed and approved the day of , 1974, and the said Mayor, City Clerk, and Director of Finance and Management Services acknowledged said instrument to be the act and deed of said City of Saint Paul, pursuant to said resolution. Notary Public My commission expires _� ' • v 263�t�p STATE OF MINNESOTA ) ) ss COUNTY OF RAMSEY ) On this day of , 1+974, before me, a Notary Public within and for said County, personally appeared and , to me personally known, who, being each by me duly sworn, did say that they are respectively the and the of the corporation named in the foregoing instrument and that the seal affixed to said instrument is the corporate seal of � said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and said and , acknowledged said instru.ment to be the free act and deed of said corporation. Notary public My commission expires