261713 WH17E - CITY CLERK ~�
' Council 26�i'`���
�L ERV- MAVOR MENT GITY OF S�INT PALTL File NO. ,
� Council Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
RESOLVED, upon the recommendation of the Department of
Public Works and the City Council' s Committee on Public Works,
the Council of the City of Saint Paul does hereby approve and
authorize execution of agreement between Joseph P. Lombardo and
Joyce L. Lombardo and the City providing for the excha.nge of
easements for the purpose of correcting the conveyance of a
perma.nent sewer easement to the City of Saint Paul, the easement
being located over portions of Lots 9, 10, 17 and 18, Block 2,
Hazel Park Plat B in the ma.tter and as more fully set forth in
the attached copy of said agreement and the proper City officers
are authorized and directed to execute the said agreement on
beha.lf of the City of Saint Paul.
COUNCILMEN
Yeas Nays Requested by Department of:
t�€,�€�c But ler
Konopatzki �_ In Favor
Levine II
Meredith �/ Against BY
xSt�f� Roedler
Tedesco
Mme.President �d!@r HU.Tlt
Adopted by Council: Date
JUL 1 9 1973 Form Approved by City orne
Certif' sed by C c' ary BY
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By
Approve y Ma „ r: D e Approved by Mayor for Submission to Council
gy By
PUBLISHED J U L 2 8 1973
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CITY OF SAINT PAUL
OFFICE OF THE CITY COIINCIL
CZTY HAI.I. AND COIIRT HOi7SE
PATRICK J. ROEDLER SAINT PAIIL. MINNESOTA 55102
Councilman p H O N� s i 2 � 2 e s-s 2 s s
July 18, 1973
Mr. Harry Ma.rshall
City Clerk
386 City Hall
Dear Mr. Marshall:
At its meeting July 18, 1973, the Public Works Committee recommended
approval of the attached resolution and requested that it be placed
on the Council agenda.
Sinc rely, 1
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Patrick J. Roedler, Chairman
Public Works Committee
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Attachment
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23a C,#y Ha11 « Court Nouse 55102 .
t��1PJ{EL J. JUid�OR� `�"f � :� 3;�j
Di r�ctor of Pub i i c t�lorks
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� ~ July to, 1973
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/� .i�rome J. Se�al
� Assistant City Attorn�y
i P.00E1 ��}]� �{ t�/ �-1�j �
i
� , P.e: Exchange of Easements E]�C4Y2Li1 Ci ty
1�� o; St. Paul �nd the LombardQs
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D��-a��z-..—�z g a 1 :
Tne Departr�ent ot= °ubi i c :�1or�s has revizti��ed your letter af July b, 1973, ���
th� attac�ed pro�os�d agrze�eni �y Jos?ph P. �.�r�ardn and .l�yce L. Lc^�bardo.
�ur Se��le� J�Qartc��t has bezn in conta:;� .•�i th thzi r reores�ntativ�s and
� � cbncurs in the nzed for the exc�ange of easements. Since there is no
e::isting seU�er ti:ere is no p�ysica; �eason for �eny�n, tne ch�nce. The n���
easement that k�as been descr'sbed in th� proposed a�re�rent appears to fit
our requirements a� ti�►e r�quested. Thzrefore this agreement is acc�p�a�te
to �hz Departr�ent of °ubl ic ldor�cs.
Yours very truly
. . . i '. . j' � � i � � - � .
`t`.�?'i2..✓��_ " .,�-Ii.G�.�,i'' /��/� ��
Da�iel J. J�;�`ford
Di rector of Pubi ic !�'or`1<s
�JDJR�ti/k+,��
Attachrznt
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A G R E E M E N T ' ,
_ _ � _ — — — — � �
WHEREAS, Joseph P. Lombardo and Joyce L. Lombardo, husband '
. and wife, hereinafter designated as parties of the first part,
are the own.ers in fee simple of that tract or parcel of land ,
situated in the City of Saint Paul, CoU.nty of Ramsey, State of
Minnesota, described as follows, to-wit:
Lots 9, 10, 17 and 18 and the platted alley
(now vacated) in Block 2, Hazel Park Plat B,
according to the plat thereof on f ile and of
record in the office of the Register of Deeds
in and for Ramsey County=, Minnes�ta;
� WHER�AS, Midwest Federal Savings and Loan Associatiori, here-
inafter designated as part� of the second part, is the owner and
holder of a mortgage of record covering a portion of the above
described property; and
WHEREAS, Lincoln Federal Savings and Loan Association of St.
Paul, hereinafter designated as party of the third part, is the
owner and holder of a mortgage of record covering a portion of the
above described property; and
WI�EP.EAS, the City of' Saint Paul, a municipal corporation of �
the State of Minnesota, hereinafter designated as party of the
fourth part, has been granted a permanent sewer easement over the
above described property according to a deed filed of record in
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the office of the Ramsey County Register of Deeds, Document
Nu.mber 1801512, and the office af the Registrar of Titles,
Docjament Number 558562; and �
WHEREAS, the parties of the first part and the party of
the fourth part have mutually agreed to a correction of the
description of the above referenced perma.nent sewer easement
and in accordance therewith the parties hereto agree as follows :
l. That the party of the fourth part does hereby discharge
and forever release the permanent sewer easement conveyed to the
said party of the fourth part by Document Number 1801512 on file
in the Register of Deeds office and l�ocument NumUer 558562 on
f ile in the Registrar of Titles office and being described as �
f ollows: - �
. A permanent sewer easement 30. feet wide on,
over and across Lots 9, 10, 17 and 1.$, and
pl.atted alley, in Block 2, Hazel Park Plat
B, lying 15 feeL on either side of the
tollowing described line:
Beginning at a point on the South
'� line of said Lot 17 a distance of
3 feet �aest of the Southeast corner
of said Lot 17 ; thence run along a
� straight line in a Northeasterly
direction to a point on the North
- line of said Lot 9, a distance of 14
feet East� of the North�sest corner of
� said Lot 9 and there termina�ing,
according to the plat thereof on file and Qf �
record in the office of the Register of Deeds
in and for Ramsey Coun�y, Minnesota.
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2, That the� parties of the first part, in considera-
tion of the above release and discharge, do hexeby grant to
t he party of the fourth part a pernanent sewer easement described
as follo��rs:
A permanent sewer easement Thirty
(30) feet ti•�ide on, over and across
Lots Nine (9) , Ten (10) , �Seventeen
(17) and Eighteen (18) and the platted
alley (now vacated) ir� Block Two 2)
Hazel Park Plat B, lying Fifteen �15�
feet on either side of the f ollowing -
described line:
Beginning at a point on the South �
— line of said L5t fe��tEast(of�the
. distant Five ( )
Southwest corner of said Lot
Eighteen (18} ; t'nence run alonb a
straight line in a Northeasterly
direction to a point on the North _
line of said Lot Ninfoot)East of the
� distance of one (1)
Northwest ,corner of said Lot Nine .
. (9) and there terminating,
3. Party of the second part and party of the third part
do hereby join in and consent to and agree to the foregoing
release and discharge of easement made by the said party of the
fourth part and the faregoing grant of permanent se�ver easement
conveyed herein by the parties of the f irst part. .
IN WITNESS WHEREOF, the parties hereto have set their
hands at Saint Paul, Minnesota, an the day and year written below.
_3_
PARTIES OF THE FIRST PART
�n Presence of:
Joseph P. Lombardo .
Joyce L. Lambardo
da of , 1973. :
Dated this _ Y
STATE OF MINI�ESOTA ) ss �
C
OUNTY OF RAMSEY �
_ da of , 1973, before m�, a
pn this �' eared
- ublic within and for said County, personally app
noiar� p
p. Lombardo and Joyce L. Lombardo, husband and wife, to
�� Joseph escribed in and who executed the
me known to be the perso� d
instrument, and acknowledged that they executed the
foregoing .
` same as their free act and deed.
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� Notary Public
� ' � My commission expires
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In Presence of• MIDWEST FEDERAL SAVINGS AND
� LOAN ASSOCIATION
By
Its
. By
Its
Dated this day of , 1973.
STATE OF MINNESOTA ) -
) ss
� COUNTY OF RAMSEY ) � �
On this day of , 1973, before me, a
notary public within and for�said Gounty, personally appeared
. and �
to me personally known, who, being each by me duly sworn, did say
� . .
�hat they are respectively the and the
of the corporation named in the ,, . . .
foregoing instrument and that said instrument was signed in behalf
of said corporation by authority of its Board of �
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and said and
ackno�aledged 'said instrument to be the free act and deed of said
corporati on. � �
,
_ Notary Public
P�1y corr�ission expires
_5_
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In Presence of• LINCOLN FEDERAL SAVINGS AND LOAN
� A�SOCIATION OF ST. PAUL
. � By
Its
By
Its
Dated this day of , 1973.
STATE OF MINNESOTA )
) ss . .
COUNTY OF RA�'KSEY )
On this day of , Z973, before me, a
notary public within and forisaid 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 said instrument was signed in behalf
of said corporation by authority of its Board of �
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. . _
and said and
:acknowledged said instrument to be the free act and deed of said
corporation. � � � �
Notary Public
My commission e�pires
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�� CITY OF SAINT PAUL
Ir� Presence of:
Ma,yor
City Glerk
. of Finance
Director e Drittservices
and Manag
, 1973.
Dated this �day of _
✓ .y
w z . .
¢ � STATE OF MINNESOTA )
� ss . --
� N COUNTY OF RAMSEY ,
� �� .
a N 1973, befare me,
� `- pn this _ day �f � eared
� N ersonally app
w � a notary public within and for said County, P to me
Tru.deau,
�' � Harr E. M�.rshall and Robert W• that
Lawrence D. Cohen, y me cluly sworn, did say
' ° z personally known,
who being each by
' � � the Mayor, the City Clerk and the Director of
( � � they are respective1y �ment Services of the City of Saint
' the Department of Finance and Manag
� the foregoing instrument, and that th 1 Sa d
= Paul, Minnesota, named ln
" instrument is the seal of the City of Saint Pau ,
aff ixed to said
� � nt was signed and sealed in behalf °€ Stion f the
that said instrume y ranted pursuant to formal resolu
� o � Saint Paul by autrsorit g - �
of Saint Paul, Council File No. and the
� 0 4 Council af the City , 1973,
� a ±:passed and app
roved the �_. day °f
, � lerk and Director of the Department ofhelactcan� �eE
` 4 Nsaid Mayor, Clty C
� � `� � - nt Services acknowledged said instrument to be t
: o d Manageme
� - u. of Saint Paul, pursuant to said resolutian.
o f s aid C itY �„�..,�.
.�.�------�-
� THI�S li?SI�U�t9E.��Ts{'APa i�AFTED 8Y
City of
O�FiCE OF CiTY ATtORNEY otary u 1C
647 Ci,y i-��!1' �-