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257364 Oft�61NAL TO CITY CLBRK �� ��,��� CITY OF ST. PAUL H�E NC�� NO. ' OFFICE OF THE CITY CLERK � � . UNCIL RESOLUTION-GENERAL FORM PRESENTED BY COMMISSIONE � ATF R�SOLVED, �hat the Canncil of th� City af �aint l�ul does h�reby �ecept dedicati�a of �as�ment f�r stora s�wer pnrpo��s over a portion of �the �orthw�st 1/4 of tl�e 8orthweat 1/4 af Seetioa 3, Tc�washi� 28 �orth, xaage 22 1��:t, coaveyed to the �ity of Saint Pa�l ]�y the St�t� of Miru���mta, aetiag thr�ngh its Comaissioner of Yatural Reaonree�, aad the Corp�ration Cotiaa�el is hereby directed to record said de�d of esseseat in the Offic� af the Register of Deeds. fORM P VED , Ass . oai � FE8 9 1972 COUNCILMEN Adopted by the Counci� 19— Yeas Nays Butler FE8 9 1972 � Coaway A o 19— Levine � Tn FaVOr Meredith ayor Sprafka _�___Against m_�_...._ �aear,v� Mr. President, McCarty p11Bl�SHED FES 1�'�9� � o�.�,�„�,��,� �5�364 , CITY OF ST. PAUL ��"p� NO. � OFFICE OF THE CITY CLERK COUNCIL RESOLUTION—GENERAL FORM re��c'er � COMMISSION�R o/1T� ��,VSD, lbat tbi �o�noil o! tl� �itp o� iaint lanl �� b�s�by ae�pt dsdietti� of �a�aMat for stosa s�nr puspo�• ows a portio�a o� �+ Yorth�sat 1/4 0! tD� l�osth�wst lf4 of i�ati� 3, T�sbip �8 xosth, lwa►Q� 22 Ih�t, voav�d to t� City o! �aint laul b�► t� atat� oi lti.nn��ota, �vtisq t'hsouq'h its �rossi���ion�r of �titv�al ��ourca��, and t� Cos'pora�.it�a Couasul i• b�s�by cliar�ot�d tc� r�vasd +said d�Q of �aw�tt in �the 0!lie� cf t� �ryi�Eir o! DNds. COUNCILMEN Adopted by the Co��� 9 �7� 18_ Yeaa Naya Butler vAC1F E8 9 �97"� �fiM�N�Conway APP� 19— �°�e Favor Meredith �� Sp�a � A�o�ulIIBt �@SCa-� Mr. President, McCarty �� . . . , � , _ . i��� ���`�;���,� GSF 1892 _ E A S E M E N T THIS INDENTURE, made this ���_ day of January, 1972, between the STATE OF MINNESOTA, by and through its Commissioner of Natu�al Resources, hereinafter called the Grantor, and CITY OF SAINT PAUL, hereinafter called the G�antee. WITNESSETH, Whereas the Grantee has applied to the Grantor fo� the grant of an easement and �ight-of-way for storm sewer purposes over certain lands owned by the State of Minnesota, situated in the County of Ramsey and administered by the Department of Natural Resources , NOW, THEREFORE, Grantor, pursuant to the authority of Minnesota Statutes Annotated, Section 84.63, and in consideration of the sum of ONE DOLLAR ($1.00) , to it in hand paid by said Grantee, the receipt whereof is hereby acknowledged, which amount constitutes full payment for the rights and interests herein conveyed, does hereby G�ant and - Convey unto the Grantee, from and after the llth day of January, 1972, � an easement and right-of-way for storm sewe� purposes, over and across the following described )ands in the County of Ramsey, State of Minnesota, and more particularly shown on the plat hereto attached and described as foilows: -" -A--permanent-utility easement 30 feet in width on, over, across, � � and through thet part of the Northwest Quarter of the Northwest �'°�' Quarte r of Sect i on 3�, T�rnsh i p 28N. , Range 22W. , souther ly of the following described line: c —^ Beginning at a point on the West line �of said Northwest Quarter s� _ � of the No�thwest Quarter, 304.84 feet southerly of the Northwest �?� corner thereof; thence South 42° 28' East 589.45 feet; thence �J �' —South-72� 48' -fast 532.35 feet; thence North 74� 26' East 425•3� _ o ��� feet to a point on East line of said Northwest Quarter of the f, 1 Northwest Quarter 772.25 feet southerly of the Northeast corner -- ' the�eof, and there terminating, the center line of said easement i being described as follows: Commencing at a point on the north line of Section 3, 7ownship 28N. , Range 22W. , and 525.63 feet east�rly of the iJo�thwest corner of said Section 3; thence southeasterly making an angle of 57� 001/2' with the north l�ine of said section a distance of 55�.59 feet; thence to the left , � . - G&F 1892 at an angle of 15° 00 ' a distance of 235. 48 feet; thence to the right at an angle of 30° 00 ' a distance of 104. 13 feet; thence to the right at an angle of 7° 48 1/2 ' a distance of 447. 89 feet; thence to the left at an angle of 30° 11 ' a distance of 309 . 82 feet more or less , to a point on the east � line of the Northwest Quarter of the Northwest Quarter of Section 3, Township 28N. , Range 22W. , 39 . 45 feet north of the Southeast corner of said Northwest Quarter of the Northwest Quarter, and there terminating. Also temporary easements for construction purposes on strips of land 10 feet in width on each side of the above described and immediately adjacent to permanent easement, said temporary easements to terminate upon completion of the Griffith-Point Douglas Relief System (Project S-0984) or on January 1, 1973, whichever occurs first. The above described easements shall exclude portions of dedicated streets included in the above descriptions . Subject to: 1. Grantee shall construct and maintain said right-of-way at its own expense. 2. The right-of-way hereby conveyed shall be open to the general public. 3. Grantor shall at all times have the right to enter upon said right-of-way for any purpose necessary to the performance of lawful powers and duties. 4. Grantee shall, after construction, during the maintenance and operation, protect and preserve soil and vegetation cover and scenic and aesthetic values of the right-of-way and outside of construction limits . 5. Grantee shall have the right to close said right-of-way during any emergency, with the approval of the Grantor. 6. Grantor shall not be liable to the Grantee or any , person for any injuries or damages to person or property arising from construction, operation or maintenance of said right-of-way. 7. Grantee shall take all necessary precautions to protect the Spring Water complex in the area in order that the G�antor's Fish Hatchery water supply shall not be affected. If, however, it is affected, the Grantee shall restore it to its prior condition. . -2- . r r � _ , � G&F 1892 The easement and riglit-of-way herein conveyed may be terminated either by mutual agreement of. the parties hereto, or by the Grantor upon thirty days writt�n notice to the Grantee if Grantee fails to comply with applicable laws or the terms of this easement; 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 shall be abandoned or shall cease to be used by the Grantee for a period of one year, the rights and privileges hereby granted shall cease and terminate and the land traversed by the abandoned or unused segment shall be freed from this easement and right-of-way. In the event of such agreement to terminate or abandon, the Grantee, by authorized representative, shall furnish to the Grantor a statement in recordable form evidencing terminatiDn. STATE OF MINNESOTA In Presence of: �- �� C � .f.�_E�: gY tE: ; ..c<, ' '/ OBERT . HEREST _ Commissio er of Natural �te�ources STATE OF MINNESOTA) ) ss. COUNTY OF RAMSEY ) On this � � day of January, 1.972, before me, a Notary Public within and for said county, personally appeared ROBERT L. HERBST, Commissioner of Natural Resources, to me known to be the person who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed. DUANE A7. SHOD[EN Notary ��ai,c, Fler,r,�,;i�� County, hlinn. MY�ommission Expires April 3,1973, This i^strumcnt�!�ia��cra��tc�i �r;. )P,��"�S T. f1U°1.CY � $()��. �"St. �'.'..�n.^.�/ u'�!i':T� j —3_ , .� .iJ C:=,.:c^nI�I �;('? '`.. L." li, i�.�l(lil. ��� .. . + ,