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259923 6Rt61!(AL TO CITY CLHRK 2�y�23 • , • - CITY OF ST. PAUL F�ENC�� NO. • ' OFFICE OF THE CITY CLERK C UN I RESOLUTION—GENERAL FORM PRESENTED BY �-�� COMMISSIONE /�,TF I WHEREAS, The Fire Depa.rtment desires to construct a Fire _ Training Academy and in contemplation thereof, the City Council by its resolution, C. F. 258872, approved the lst day of June, 1972, vacated a portion of the City-owned real estate acquired for Stadium purposes on the West side of Snelling Avenue in the vicinity of Midway Stadium; �t�. WHEREASy A proposal ha.s been presented to the City Council whereby the City would exchange a portion of real estate vacated, .pursua.nt to the above resolution, for lands adjacent thereto for . . . , the construction of the Fire Training Academy and the construction of a K-Mart Discount Store on the land presently owned by the City; riow, therefore, be it �2ESOLVED, Tha.t pursuant to the authority contained in Sections 13.01 and 13.04 of the Saint Paul City Cha.rter and Cha.pter 87A of the Saint Paul Legislative Code, the Council of the City of Saint Paul does hereby consent to the above-referenced land excha.nge, and the Mayor, Head of the Department of Finance and Management Services, and the City Clerk are hereby authorized to execute on beha.lf of the City of Saint Paul, Agreement between the City, Burlington Northern, Inc. ,� Glacier Park Company, Hoerner Waldorf Corporation and Malan � • Construction Company, the said Agreement setting forth the terms and conditions for the land excha.nge to be ma.de so as to provide the land necessary for the construction by the City of Saint Paul c�f its new Fire Training Academy, a copy of said Agreement being '<<�',�-,� �+ attached hereto; and be it �^ ° ,FURTHER RESOLVED, Tha.t in accordance with the terms of said. Q- �, Agreement and upon the said performance of the terms and conditions �' - contained therein, the Mayor, Head of the Department of Fina.nce and Mana.gement Services, and the City Clerk are authorized to execute � `� on• behalf of the City of Saint Paul quit claim deed conveying Parcel � No. �2, as more fully described in said Agreement. � o cr a o �s COUNCILMEN Adopted by the Council �19— Yeas Nays Butl r Hunt ar on �oPa�� Approve 0 CT 4 �9 f 2 19— L ne � Mereditti n Favor M edith g}�fk� S r fka 7edesco J Mayor T de co A 8'ainst Mr. Pres' ent McCarty PUBLISHED Q�j 2 8 1972 O . . OFFICE OF CITY ATTORNEY �J�`"��J M E M 0 R A N D U M T0: Phil Lee, Mayor' s Assistant October 19, 1972 FROM: Jerome Segal, Asst. City Attorney RE: Attached Resolution and Agreement Pursua.nt to Construction of Fire Training Academy Attached and transmitted herewith are the above-referenced material which J. William Donovan ha.s requested be presented to the City Council for its approval today. If you have any questions , please contact Mr. Donovan at 5317 . JJS :er Atts . 2 C� G �' `�-- �/..�.z -�- << � °---�. �(�� -z�-�_��.--. G��-�r� GLV-�;L ]l1��-�--�.-�,� �Z�,-z_ C�.. /C�,1 ��1�,� _. r J=�� -1--- ��r��'�� CITY OF ST. PAUL F�UNqL NO. ��g�2� , . OFFICE OF THE CITY CLERK COUNCIL RESOLUTION—GENERAL FORM PRESENT�tY COMMISSIONER sA� WHEitBAS, Tl�t Fir�e Drtpeucttdant di�eirt� to cc�matru�ct a Firo Traiuis� Acad�sy and in coat�enplation thsrtof, ttu Citjr Ccn�cil by �t• r��olutian, C. F. 2�8�72, ap;�rovresi the lst day of J�s, 1972. vacatad a portion of tb,� City-vraad rsal sstat� acqvirsd i�or Sta�liv� purpoaes cra th�a Wset aida of 8naliin;g Av�anw� in th� vicinity of Mid�y Stadit�m� amc! ��5, A propc�eal haa b�n pnsantad to th� City �acil �ereby tt� City �ro�uld e�oc�a a g�rtion of syal ��.eit�e vacated, purauaat to thit abarva xtirsolut an, fir landa �dja�smt thsrato for tt�t evoo�tructie�a of thrt Fire Traiai.� A+cadaa�y aad t.ha coastruction of a R-Mart Di�cc�� Stor� on ths land pr�asatly oMnsd by ths Cityi n�a�w, ttLts�sgor�, bs it �80LV8D T'h�ttpur suant to tb� autt�ority c.vat,aiu�d ia S�ctiona 13.Ol and 13.�4 of t�u Saint Peni City Cl�artsr a�ad Cbsp�.sr 87A of ths Saint Paul Ls�i�lativ+a Cods, th�e Conncil of � CitysQf Saint Pwl dos� l�trrby cos�u�ant ta tta abov�a•rsfaran�c�ad Lwd ax�ha��, and ttue Mayor t�d o!� t� D�pa�t�mant of �i�nc� and Mana�artnt S�rtricaa, a�d t�s C�ty CY•rk ara l�enby aut�rissd to s�euto on habali� of ths City of Sai�rt Pavl, A«z��nt b�tt+�t�u tht City, Burlin�ton Northart�, Inc., Qlaciar Yark Company, �arn�r Waldorf Cos�poratios� and l�ialan C�anstructioa C�oa�pec� tbs �ai.d A,�s�aoent �sttiug loa�ttt tht tsxms and coaditioaa for t�a land a�ocbang� to b� a�s •o aa to pruvid� th� land ascs�aasy for trt�s c.enutructioa by t�+a City of �aint Paul of it� i�n► Fira Truiaing A�cad�my, a copryr of �aid Agra�mt�at b�i�ag attac�ud tur�to; a�d b• i� FURT�ISR RBSOLVBD, That in accordanc� Ni.th tbs tsros of said 11�ra�ant and upo� the said perixos�manct. of �e ttr■s awd cc�cditi�rns contaiasd tt�s�in, �a Mayor, �d of th� D�part�wtnt of �'inauca and Ifi��tornt Satvicaa� a�d th� Citq Cltrk ars autho�cised to t�csaut� ou bst�alf of tba City of Saint Paul quit claia dted canv+�yin�g Parc�l 1�. 2. as mor� �ttllq dt�cs�.bsd in �aid Agr��t. , COUNCILMEN Adopted by the Counc�� T �� 197�8_ Yeaa Nays Bu Hunt son Konopatrid Appro�l OGT .�4 197�� 19_ � Mereditti Favor dith g� S Tedesco � �r Agraln6t de Mr. Pres den McCarty �9 � . . . .r. � T" f . � � � 2�9�2�� AG1t�:ENiLtvT THIS AGRr:iNiEtJT, made ana entered into this day of OctoUer, 1972 , by and between the City of Saint Paul, tti.nnesota, a :��unicipal Corporation, hereinafter referred to as "City" having an adurass of 15 P7est �ellogg �oulevarc�, Saint Paul, Minnesota; ttie i3urlington Nortnern Inc. , a Corporation of the State of Delaware, hereinafter referreci to as "Iiurlington Tlorthern" , having an address of 176 East Fiftn Street, Saint Paul, riinnesota; Glacier Park Company, a riinnesota Corporation, a wholly owned subsidiary of Burlington �lorthern Inc. , the successor in interest by merger witn Northern Paicfic Railway Company, hereinafter referred to as "Glacier" , having an acidress of 176 East Fifth Street, Saint Paul, Minnesota; Hoerner Waldorf Corporation, a Delaware Corporation, hereinafter referred to as "Hoerner Waldorf" , and having an address of 2250 Wabash Avenue, P. 0. Box 3260, Saint Paul, Minnesota; and �Zalan Construction Company, a ylichigan Cor�oration, hereinafter referred to as "Malan" , and 'naving an address of 21675 Coolidge �iigizway, Oak Park, Michigan. � 6VhERF.AS, Burlington Northern is the owner of Parcels No. 1, 3, 3.5, and 4; City is the owner of Parcels No. 5 illustrated in Ex- hibit "A" , attached hereto and ineorporated herein by reference; WHEREAS, Burlington vorthern is the owner of Parcel i3o. l, snown in oranye and pink color on said Exhibit "A" , and legally des- cribed in Exhibit "B" , attached hereto and inco.rporated herein by . reference; and WHEREAS, City is the owner of Parcel No. 2, shown in yell.ow color on saici Exhibit "A" , and des�ribed in Exhibit "C" , attached hereto and incorporated iierein by reference; and WriEREAS, 3url.ington Northern is the owner of Parcel No. 3, siiown in red color on said �xnibit "A" , and desCribed in Exhibit "D" , attached hereto and incorporated 'nerein by reference; and ��; ___.; a. . .:, ,.x�.-�.� ..�•i...«... '- .�_� - _. .'" _.= . .. .... .... _ _ ..._.... ..y �....:..- .._ _ ,' _. _ s�..: ;.. ... �-.., � -=�..-.at �-..::.+tl�-...---r-y.�+�-•.....-...._, " ` ��'.:.. "- - - . � _. ,�......-�,..-.�.�- .,._...�w+a- _....::. .....'�........-,.,«._s:,...,.-....:..,......... . ., ':-.. . .. . _... . . �-'.�. '. . . ' ��! j'1tI��AS, Burlington lvorthern is tne owner of Parcel No. 3.5, siio�.�ii in :�rocan color on said Exnibit "A" , and described in Exhibit "E" , aitac�izu iiereto anci incorporated :zerein by reference; and 6ti'iiLREAS , i3urlingtoii Northern is the owner of Parcel �Io. 4, St10�9i1 lri 1JIL1@ C�IOr Ori S 11C� EXtlli�l.t ��A° , and ciescribed lri EXfil'Dl.t ��F'° � atLaciied hereto and incorporated nerein by reference; and WF�EREAS , Hoerner Waldorf is the owner of Parcels No. 5, sno�m in green color on said Exhibit "A" , and described in E�ibit "G" , said �arcels being the same as illustrated in Exhibit "A" , botn at- tached iiereto and incorporated herein by reference; and W'riEREAS, City is desirous of acquiring tne portion of Parcel No. l, snown in pink color on said Exnibit "A" , and lying west of a � line being the soutnerly extension of tne west boundary of Parcel No.. 2 , and ac�uiring Parcels ivo. 3, 3.5, 4, and 5 for the construction of a Fire Training Station; and ' WHEREAS, City nas vacated the public purpose relative to � Parcel No. 2, stil�ject to easements of record, and is� desirous of conveying Parcel i3o. 2 for commercial development; and WHEREAS, i�alan is desirous of acquiring Parcel No. 2 and t:�at portion of Parcel P1o. 1, snown in orange color on said Exhibit "A" , and lying east of a line being the southerly extension of the westerly line of Parcel Pdo. 2 for commercial development; and. WIiEREAS, i�alan desires to acquire Parcels No. 5 from Hoerner Waldorf and Parcels No. l, 3, 3. 5, and 4 from Burlington Northern and . to convey said parcels less the �ortion of Parcel iVo. 1 lying east of tne soutnerly extension of the westerly line of Parcel Vo. Z, to City in exc:ia:lge for City conveying Parcel No. 2 to Glacier as a conduit to r7alan, said exchange of land to be pursuant to City Charter Sections 13.01 and 13. 04 and Chapter 87� of the St. Paul Legislative Code. _2_ � .::,.�..,.,e..,.�:�3��xs;�,�...�,�.,_ � . ki,k .,.�.. . __ ��s wra} .3. �—�'�'. �-��:r ,----•'�t� r>_„"..-- ;--'�---•,-,a. ..., �,....:�,-..�- _ ,_;.�.. ��-e-r:, ..�„-:.: . . 25��2� L30�V, TIiLRLI'ORC, pursuant to the foregoing recitations and in consicl�ration of ttie mutual covenants and agreements :zerein con- taineci, and all partics iiereto intending to be legally bound thereby, and in consideration of the considerations specificalZy set foxth nerein, trie parties hereto do ilereby ayree as follows: 1. vorth Star :lbstract and Title Guaranty, Inc. , of Saint Paul, r�innesota, the local agent of Pioneer National Title Insurance Company, shall be established as escrow agent to accomplish the ex- c:�atige of properties herein defined. 2. Hoerner Waldorf agrees to deposit with escrow agent a tJarranty Deed in recordable form for conveying Parcels No. S to .City, in a for�n acceptable to City, together with evidence of marketable title acceptable to City, and together with all option money paid by � rialan to Hoerner Waldorf; or, alternatively, credit against the pur- cnase price in tne amount of said option money: 3. rialan agrees to de�osit the sum of One Hundred Seventy T:iousand ($170, 000.00) Dollars less option money paid to Hoerner Waldorf, with escraw agent, as and for the purchase price of Parcels tso. 5. 4. All real estate taxes and special assessments levied on Parcels No. 5 and payable prior to and during the year 1972 shall . be pro-rated between Hoerner Waldorf and Malan to the time of closing. 5. Burlington Northern agrees to deposit with escrow agent Quit Claim Deeds in recordable form for the conveyance of Parcels No. . 3, 3. 5, 4, and that portion of Parcel No. l lying westerly of the soutnerly extension of tne westerly line of Parcel No. 2, to City, in a form acceptable to City, togetner with evidence of marketable title acceptable to City, and together with option money, if any, paici by i�ialan to Burlington Northern, together with evidence of tiie inte:�t to secure tne release of said Parcels from all mortgages apgli- cable to said parcels. Burlington �Tortnern agrees to save City and -3- � _ - � _- _- _ - _ �.-. �t�.;:,- _ ,,, --_ --� ,,�.�,,.�..:a. _ .:.� -- - - - - - -- -� . ...__ - , . ,�- - - -. _ :�-b.. .�.,.� - _ .;Y..... �:-� . .-r ..,_; _.� - - -- --- _ : __ - _.. .,._- -. . :... -_:,--�-- - : �. _ _ _ .: -�----....d,._..��..,.,,,:.�..�; _,:,,�.:- � � � � 259�2�3 �Iaian iiariuless from any loss penclin�� said mortgage release. 6 . Malan agrees to dE�osit thE sum of Tnree 'rIundred Sixty Sevei� `inousand Five iiundred ($367 , 500. 00) Dollars less option money paid to Burlington Northern, if any, with escrow agent as and for tne purcnase price of Parcels No. l, 3, 3.5, and 4. 7. t3urlington iVortnern agrees to deposit witn escrow agent a Quit Claim Deed iiz recordable form conveying that portion of Parcel No. 1 lying easterly of the southerly exte.zsion of the westerly line of Parcel No. Z, to �ialan, in a form acceptable to Malan, together witn evicieace of marketable title acceptable to i�Ialan, together with evidence of the intent to secure the release of the portion of said Parcel i�io. 1 from mortqages ap�licaL�le to said parcel. Burlington Nortnern agrees to save r�alan and City harmless from any loss pending said mortgage release. 8. City agrees to deposit with escrow agent a Quit Claim Deed in recordable form, conveying Parcel No. 2, subject to easements of record, to Glacier, as a conduit, and Glacier agrees to deposit witn escrow agent a Quit Claim Deed in recordable form, conveying Parcel vo. 2, subject to easements of record to 1Kalan, in a form acceptable to I�ialan. 9. The closing in escrow shall be completed and the escrow agent shall be authorized to record all documents of conveyance and pay out all funds deposited upon the following documents and approvals being delivered to the escrow agent: � � A. A title insurance policy being issued showing good and marketable title in the record owners af the properties described herein, including that of City (Parcel i�to. 2) , Hoerner Waldorf (Parcels No. S) , and Burlinyton i�iorthern (Parcels No. l, 3, 3.5 , and 4) ; -4- -_ , - -__ _-_�.;�„-� ..�.:�.,_r�::�q�.,..��,_..._ _�.,�:�z�. _-_;�- - - - ,--:�-y.:-..._=,�;�-�-x F:t�� ,:._ �>,:L-_,�-�.� � _ ,�, _-._�._ --- .- n .x.�.,�.�.�,..�.�...x.. -..,-,--...� _- -�-,.- . ._...:.. r-.:._ _-_-.-�:,,.---• } -�-�" , B. A recoraaule document signed by the State of Niinnesota and Federal Bureau of Roads, if required, releasing the West 255 feet of the present ponding easernent on Parcel No. 2 ; C. An agreement to exciiange access to State Hignway I3o. 51 to conform to the new access alignment il- lustrated in Exnibit "H" , attached hereto and in- corporated herein by reference, the new access and road alignment as approved by the State of Minnesota, and Federal Bureau of Roads, if, required; and D. Issuance of a Parking Permit by the City of Saint Paul for the use of Parcel No. 2 , subject to tne retained ponding easement, and that portion of Parcel No. 1 lying easterly of the southerly ex- tension of the westerly border of Parcel No. 2 by Malan for a retail department store to be built � on the property. 10 . Wnen the documents of conveyance and funds have been deposited in escrow, as herein provided, and the terms of the escrow :�ave neen satisfied, as and for further consideration for the exc�iange of property described, Malan agrees to tize following additional terms: A. Nlalan agrees to install a sanitary sewer lift station having a capacity of 1�J0 gallons per minute at a nead of 28 feet capacity, or more at � tne discretion of t�Ialan, at a location within the City owned street right-of-way for Kasota, as re- located, as identified in Exhibit "I" , attacned hereto and incorporated herein by reference,� and in accordance with the plans and specifications set forth in Exhibit "J" , attached hereto and _5_ . . , s� � . _ _ __ -�:.,,. ,.�-,.�� - -�.. .: ..-..-. �_.:�-` ..,-�-�:>,.. ....:.,;---�.,�..,....,.�>�-a'*::r,,,....,-� s. °:t - _ : �::_ _ �.- , � � ° . . � . ,,.. . _ - � __ . .. _.�,:..�...._�...u._ �...y:A... .�.._.�,:...,...:.._.,�,-...f.-..,�........_-�.:.. :_ �.,._ . .. ., � � . : � 259�2�`� incorporatecl nerein Uy reference. Tne installation of said sanitary sewer lift station to be subject to the inspection and approval of the Public Wor::s Department of City. Electrical power to operate said lift station snall be provided by City after acceptazice by City of said sewer lift station. B, i�ialan agrees to install a sanitary sewer for.ce main 'riaving a diameter of 6 inches, and extencling from � tiie sanitary sewer lift station to the trunk sewer line located in Snelling Avenue, said force main to be located in the street right-of-way of Kasota as relocated, in accordance with the location specified in Exnibit "K", attached hereto and in- corporated nerein by reference. The construction of said force main shall be in accordance with tne plans and specifications set forth in Exhibit "L" , attached hereto and incorporated herein by reference. Tne installation of said force main shal.l be subject to the inspection and approval of the Public Works Department of City. Execution of this Agreement by City shall serve as authorization for Malan to construct the sanitary sewer system. C. 1•Zal-an agrees to construct a chain link fence 6 feet in heig:nt, and extending along the western � � . boundary of the property ob�ain�d by �ialan as a result of this property exci�ange. Llalan agrees to install a pair of gates having an opening �viclth of 30 fect in sai�l chain link f�ncc at a 1QCation defined in Exilibit "P�i" , attached hereto and in- corporated 'nerein by reference. _�_ � � ,.�.�:. _ _.:x ....::. . �. «�,�;,� v...- - :r .�:;,�;�� ,�� ,�-N.,:,�. 4 �;.r-...-.,.:,,.:,�,..,,,..:;�-�.g--;.�._�--�.<._�;�,.�,.§--....,�.�,�,��..�.� � i�. I�:aia�� agrees to convey to City a 30 foot ease<<ent for puri�oses of ingress anu egress to the property owned i�y City. as a result of this property er.cnange� tile location of said easem�nt to be estaUlished as described in Exhibit "N" , attached hereto and incorporated herein by reFerence, and identified as L•'asement "A" t�ierein, the conveyance o� said Easement "A" to be on deposit in escrow at the time of cZosing. E. T�ialan agrees to convey to City an easement for storm � water drainage purposes, ttie description of said easement as described in �xnibit "O" , and identified as Ease,aent "B" , attached lzereto and incorporated � herein by reference, and City agrees to assume lia�ility to safeguard existing utilities, building structures and roadways, the conveyance of said Easement "B" to be on deposit in escrow at .the time of closing. � Nialan agrees to convey a temparary construction easement to continue only during the time of construction, identified as Easement "C" , and as shown in Exhibit "0-1" , wnen requ�red by City to install said storm water drainage system, the form of the conveyance of said Easement "C" to be on deposit in escrow at the time of closing. • F. I�ialan agrees to dedicate to City property for Kasota . Avenue, as relocated, as described in Exhibit "P° , attac;zed :�ereto and incorporated herein by reference;- the conveyance to be on deposit in escrow at the time of closing. City agrees to build Kasota Avenue extension, street lighting facilities, protection � _7_ �. �.- . ��..: _'. �� ....t_�'r�. ��.Z�fL..... .S_. . . ' __ - ' . - .�.x .�.»vi..r...�. �.++�. ..��__' � _ , s.a.,r��.� .��.�..r.. � �"'i ..:. - �. ..v � ._. , � _:��•- ' ' . _ _ _:- _. � r __ .._ __" _ '_ _' _ _. _.' "_.. ...' __ _ '_'+�.Ct+.•�i."'u 259�23 for �ower line Lacilities , ancz to landscap� unpaved portions , and to asscss abutting propertiss at an estimated assessment of $30. 00 per lineal foot, exclusivc of lighting assessment. G. i�:alan agrees to pay for the construction of a wat�r line 12 ir.ches in diameter to be constructeci by City in the rigizt-of-way of Kasota as relocated, and on the property retained by City immediately west of tne west bounary of the prop�rty obtained by �•Zalan as a r�sult of tlzis pro�erty exchange, togetner with stubs i� to the property obtained by i�lalan, in accordance with the layout described in Exnibi� "Q" , attached hereto and incorporated - herein by reference. Any oversizing or additional capacities in the �oater system above 12 inches in diameter, . shall ue borne by the City. H. P�alan agrees to pay to City the sum of Six Thousand . One Hundred ($6 ,100.00) Dollars as and for addi- � tional architectural costs resulting from the re- location of the Fire Training Academy. I. Malan agrees to provide 35,000 cubic yards of compacted fill from the site acquired by P�alan from City, compacted to a 95b maximum density, • on property of City at locations described in . • ExYlibit "R" , attached hereto and incorporated nerein by reference. Tne metnod of netermining the .amount of fill dirt supplied to be based on � calculation based upon topographical cross-sections � sup�lied by City before Malan initiates the hauling ancl compaction of said fill and pursuant �o _g_ r x-w*•�.�«=-�.�.,:= -�.r�-�—��-a�i�++- �-----. __ . . - _ . - r .w. ' ',.r.r�.�.•«.:...�..."�""'�a'ti-.v�"'."�---�. �^ ^ . ,'...'. �—.,,�� ...�z^,:= . . �-'`' �"_ :. ' ._ ,ra. .•_ . . . . - _ . . _.. �.- ._..._. - ., _. . ._. .. . .. :..�.. . ... .�".-..y�.��"""^ � ...- �� topogra�hical cross-sections provide� by City as filling and compacting occurs. The provisions of this paragraph shall be co�npleted within 15 working days after the effective aate o� this Agreement. J. ifala:� agrees to remove, or cause to be removed, tiie spu� railroad track running on Parcels No. 3 . 5 and 4 , upon completion of the exchange of property as herein described. K. rialan agrees to relocate the fence protecting the ponding area subsequent to the release of the portion of the ponding easement described iierein; Yrovic?c Class C riprap at the outlet of the 42 inch RCP if the present outlet is disturbed; `clean silt �ieposits from the bottom of the fi.nisned pond- ing ar�a after the parking lot nas been surfaced; anc� agrees to hold the State of Minnesota and City of Saint Paul harmless from all liability resul.ting from tne reduction of the ponding area size so iong as tne drainage area emptied into said pond is not � materially increassd from tne present situation as a result of activities or al�:erations by tne � State of Minnesota, �epartment of Highways , or the City of Saint Paul. L. Malan shall provide a certificate of insurance for � public liability with the limits of not less than Two Hundred Fifty Tiiousand ($250,000.00) Dollars per injury and Five Hundred Thousand ($500,�00. 00) llollars per occurrence, togetner with insurance against property damage in an amount not less than Two Hundred Fifty Thousand ($250 ,OG0. 00) Dollars , _9_ . . M-,;.-'�-:-.�:.-e;,;-�.=.�.. _.-ei-.:�+-►.-�- -��..:s.-n.-, -r`?_.e^,jxn.�7� v`*,�_wt s x±rq:.`cr'e-..,.,'n`_...:�U w - . .-='"`Z� `;�y'�'' v', Y -•�-z 3�, �v..:+.n•,..o....-.>_ s.-.:.,.�. .,...0 -�> +' - .. .. :.x., n . . ... ..-._+� } �,we .. �� . .. . ;, .... . . .,.�. . .�-aw. ... �_�_'�...- .� - . ' .. _-.�_. .._ .-. .. . . . � .. .. . ..._.; _-. -.. _ .. .. . � . . . . ,-?d`' ::.:. ' . . . '- . : , � ; � � �25,y,�2�� and shall have Ci�y named as an insured party, said insurance to be maintained until the closing of this transaction. 11. L�ce�ting for tlie righ�s of Nortnern States Power Con�pany to continue to occupy and use portions of Parcels No. I and i.o. 4 for power transmission line purposes by virtue of an existing agreement between Furlington Northern Inc. and said Northern States Power Company, all leasehold tenanci�s on property to be conveyed to City, as nerein described, shall be terminated prior to the deposit of t;�e documents of conveyance in escrow as herein provided. 12. City agrees that it will use its best efforts in the � construction of i�asota as relocated, and the construction of tne water line as herein described, and shall follow the schedule set fortii in . Exhibit "S" , attacned nereto and incorporated herein by reference. � T:�e wearing coats, repairs , and landscaping that mignt not be com- pleted during the 1972 construction year shall be constructed du=ing 1973, or sooner. IN WITVESS 4VH�REOF, the parties hereto have caused this Ayreement to be signed .and their corporate seals, where required, to be affixed and duly attested to by their duly authorized officers , �- all as of tne day and year first previously mentioned. ATTEST: CITY OF SAINT FAUL � BY: (SEAT�) Ti tle 3Y: Title ATTEST: HOER�vER WALDORF CORPORATIOis BY: (SEAL) Title -10- �a«�r-;w��-��,r„-?�-�x.�.,�::-�.,..�,....:��.:,�..>.s:��:x.,,.,...�.�c� x�:�•<�-r:.*�:�-e�.w�+!;�_�,� -rry-��s:��r,��n:s,�.F:..-�:.�«�....�-x�e:--�-�rc-....-�-4-�-�,�a,k.,.=p.--,�,,,w„p:,. �^1 Ti:ST: BURLINGTOIJ i10RTI1�R.'�T INC. BY: (SLAL) Title ATTL'ST ; GLACIER PARK CONIPANY BY: (SEAL) Title ATTEST: MALAN COIISTRUCTION COMPANY BY: (NO Si,AL) Title STATE OF MINNESOTA ) ) SS. COU�TTY OF RAi�2SEY ) On this day of , 1972, before me appeared � and an� to me pex-sonally known, who, being by me duly sworn, did say tnat they are the ancl and of the CITY OF SAINT PAUL, a �iunicipal Corporation, that the seal affixed to thc foregoing � instrument is the corporate seal of said corporation, and that said instrument was executed in behalf of said corporation by authority of its City Council; and that said and � and - - _ . ack- nowledged said instrument to be the free act and deed of said corpora- tion. Notary Public _11_ r �, � ..:.,,: .y.'u„ � ,.:.� 3:.-s�"zi?� �__�^..� -.... .r..._aA: .'+_ ? _ _ -� - e. .- _ -- - -:. . . ,:. s ...�:.:�. < .__: ::: �-... � . _. ,. . . ,.- _._..�,... .�^ _ , .._. �.:.:.. -� . . u.�:±.` G':� .. :_._. . ,..�.. _- -. ...:�: . '�.�:. � .. - . . .. . .. ;�� I.%�.' .r�._, a. . � ��.�.L��-:, . � 259�2� o: �:z�;tiLso�r� ) SJ. COli\'iY OF ) On t;iis day of , 1972 , before me appeared ancl to me p�:�sonally :�no:m, ��no, ueinq by me uuly sworn, diu say t:zat t:iey are ti�e and of 'riOEP,TIER �JAI.,llOt"�' CORPOFtATION, a Uelawar� Corporation, tizat tize seal affixed to tjze foregoi;�g instrument is tre corporate seal of said corporation, and tiiat said instrument was �xecuted in b�half of said corporation by au�nority of its Board of Directors; and that said and acknowledged said instrument to i�e the free act ax�d deed of said corporation. Notary Public STATr. OF i�II�Il`JESOTA ) ) SS. COINTY OF ) On this day of , , 1972, before me appeared and to me personally known, who, Aeing by me duly sworn, did say tnat they are the and of BURLIiJGTON � �iORThERi1 INC. , a Delaware Corporation, that the seal affixed to the - foregoing instrument is the corporate seal of said co.rporation, and that said instrument was executed in behalf of said corporation by authority of its Boara of Directors; and tnat said �a acknowledged said instrument to be tne free act and de�d of said corporation. Notary Pub ic -12- �s.�sm:-„ ..,..�...-+r#-�d+!�-F--_��iCL,'f-..r.��,a:...n.c.:�:�n:c��'*.,_�-r _^a. .--"s.--.°'-�.-.-.,-r-...- `..�=.-:-�s..,,av! ��.+a.'z--s�.,a-.�.4, -.+c�!*^•.. —r.�[;r�-�.-r.=-.^"+7wF�.�a-f? . .. '' - ..: .: . r� ., , ,. .__..., _:.__. ..-.,..�R!'� -+Mhf'°'>•.:'�3T� . � . . �5�.��-23 •m��m:-.., -7� 7 �7� � �.J:Cll 'L' �i� 111iY:��.S��y � � ) +7 S• cov��rY oF � On tnis day of , 1972 , before me aopeared and to me person- ally known, �eizo, ueing uy i�e duly sworn, diu say that they are t:�e anci of GLACIER PARii COi�iP�li1Y, a i✓innesota Corporation, that the seal affixed to the forec�oing instru- m�nt is the corporate seal of said corporation, and that said instru- ment was executed in benalf of said corporation by authority of its Board of Directors; and tnat said � and acknowledged said instrument to be tne free act and deed of said corporation. Notary Pubiic STATE OF y1Ii3NESOTA ) . ) SS. COITi�ITY OF RAttiISEY ) On this day of , 1972 , before me appeared ancl to me person- ally known, who, being by me duly s�aorn, did say that they are .the and of bIA.LAN CONSTRUCTION COIiPANY, a Michigan Corporation, tnat NIALA,.'V CONSTRUCTION COMPANY has no corporate seal, and that said instrument was executed in behalf � of said corporation by authority of its Board of Directors; and that said and acknowledged said instrument to be the free act and deed of said corporation. • 1lotary Publ�.c -13- < �..,�.:, _.�»�,�.:-��,...P�-�-;�.:.�.« __ �,. -�..-_ _ - __ __-._._...��._� ,k,� . - __--� - T w. _.,..� .�..,..z: ,— : , _ . -.� ,_ . �_ _ _. _ .... - - � - - - �_ . . . _ . .�._.....___...,.�_ .. _-. ._ . . :,..,�. _.,� a : . •—'.r ' PARCEL .l ��11 ri:�t part of the Sr 1/4 ::i: 1/4 of Section 23, Z'o�insnip 29 Nortn, Range 23 Y1est of the Fourth Principal P4eridian, cle- scribed as follows: Coau;�encing at a point in tl,.e east bound«-ry line of sUid 5� 1/4 ti�• 1/9 di�tant 473.I3 feet north, r.�easure� alonq said cast line �ron the southeast corner o� said S� 1/4 NL 1/4; ti:ence �aesterly in a straight line for 345 =eet to the Point o� L'ec�inning (said straignt line, witen extendcd, zntersects tize �•�est. bowidary line of �aid SE 1/4 DIE 1/4 at a poini distant 471.17u feet nortn, measu-�ed along said west line, fro:�► t:.e soutnwest corner of said SE 1/4 Ni; 1/�) ; thence soutn, pa�allel to said east line of Section 28, for 90.57 feet; thence south- easterly in a straight line to a point distant 130 feet west and 2�2.56 fee� north of said southeast corner; thence south . parallel to said east line or Section 28 to a point in a line � _ )�� . parallel to and dis�ant 85 feet northeasterly, measured at ' `` . . right angles, from the center line of the raain track of the � southerly line of railway of IIurlington Pdorthern Inc., as , originally located and constructed, and tormerly known as the "St. Yaul, Minneapolis & Manitoba Railway Company short l.ine road ' between St. Paul and Minneapolis"; thence northwesterly, parallel to said center line as originally located and constructed, dis- tant 85 feet northeasterly, measured at right angles therefroin, � to an intersection �aith said �aest line of said SE 1/4 NE 1/4; thence north along said ��est Iine to a point distant 471.176 feet north, measured along said west line, from said southwest corner; t:�ence easterly al.ong said straignt line extended to tne point of beginning. Excepting a-�d reserving unto. Burlington Northern Inc. , its noni- nces, lessees, ir.vitees, successors and assigns, a perpe�ual easer„ent for' the location, construction, operation, maintenance, repair and � reconstruction of electric transmission lines together with the loca- tion, construction, operation, maintenance, repair and reconstructioa of any tower locations or manholes required for said electrzc trans- �� r.u.ssion lines over and across the southerly portion of the hereinbefore • described parcel of land. . Subject to .a 30-foot easeMent for access roadway purposes fram Great Northernn Railway Com�any to Waldozf Paper Products � Company dated December 26, 1956, over and across the north 30 feet of the above described tract, being the following described . parcel of land: All that part •of the surface of the SE 1/4 NE 1/4 of Section � 28, Township 29 North, Range 23 West of the Fourth Principal rieridian, described as follows: Commencing at the intersection of the east boundary line of said S� Z/4 NE 1/4 with a line dracan parallel with and per- pendicularly distant 75 feet riortheasterly from the center line of main track of the southerly line of rail�vay of Burlington . Northern Inc, as originally located and constructed and formerly ;:not•m as the "St. Paul, iKinneapolis & bianitoba Railway Comnany snort line road between St. Paul and Nli.nneapolis"; tlienc� north along said ca�t line 356.36 feet to the place or beginninq; thence west in a straignt line to a point in the west line of said SE 1/4 �IE 1/4 of Section 28, distant 92.446 feet north of the i:�tersection of said west line caith said line drawn parallel , witii and nerpendicularly distant 75 feet northeasterly from said center line of main track; thence south to a point in a line • cira�•rn narallel witti said. straight line and perpendicularly distant: 30 feet soutti t�lerefrom; tnence east parallel with said straight line and peroendicularly distant 30 feet south therefrom to a «int in said east line of the SE 1/4 NE 1/4 of Section 28; thence iiorth alonq sa:.c ea�t line to the place of beqinninq; excepting and exci::.�._Ilc� ;1�er`from that portion of the above described tract lying cast of the west line of Snelling Avenue. ___._ _ • EXHIBIT °B�� _ _ _ ., _ _ _ _, .N„ ..� ...,.:v»�w...,�,...,H,a ,.-°°,.z,- ,-,- -��:.� -,*-.: ._, rt��.-��.. ,.:: _ ._;.....m,�.. .k ..�...., �;....< �,.—.-E.:_„a.,,.�...,„�c.. .. .. .-�+..e�w.�is�.+s�"-,�:; P1�RCL•'L N0. 2 Subjcct to poncling cascment anc� S.T.H. No. 51, the South G�33. G3 feet of the North II43. 63 feet of the Southeast ; of the Northeast �; of Section 28, T 29 N, R 23 W, except the West 350 feet thereof. . � , . �XHIBxT NC N . _ �si::: x,v.rq.'_ '�.:��...� tr...i.:...:'� r{ �:�.- i`L....y.�„t .a,w.:r�s ��r..y.�_ ..c.....�..L . .. .... � � . ;�59g23 � PARCEL 3 . �lll tliat part of the SW 1/�l NE 1/4 of Section 28, Township 29 t�'ort}�, Rar�ge 23 West of tlze �ourth Principal Meridian, described as followss . Cor,L-nenczng on a line parallel to and distant 200 feet south from � . the north bounciary line of said SW 1/4 NE 1/4 at a point on said par- _ allel line 200 feet west from the east boundary line of said SW 1/4 . ti'L 1/4; thence west, parallel to said nozth line, a distance of 64 :eet; thence south, parallel to said east line a distance of 72 feet, to ti�e Point of Beginning; thence north, parallel to said east line to . a point in a line parallel to and distant 50 fee� sou�h, measured at right azutles, from the center line of the most souther].y track of. the nort�zerly line of rail�vay of IIurlington Northern Inc., as said track is ' now loc�ted and constructed= thence west, narallel to said center line, a distance of 600 feet; thence west, in a straiqht Iine alonc� the westerly extension o£ said 60Q-£oot line, to the west boundary line of said Sc7 1/4 NE 1/4, hereinafter referred to as Point "A"j thence retracing east along said westerly extension line and said 600-foot line, and retracinq south . along said line parallel with said east line, to the point o£ beginning= ' thence southwesterly aZong the line of a curve having a radius of 544 � feet and its centier �aest and at right angles from its point of cor;�mence- " � ment, said curve extending a distance of 249 feet more or less �o. an � � intersection wi�Cli a line parallel to and distant 510 feet south from • said north lines thence west, parallel with and distant 510 feet from • said north� line, ta� said west linej� thenc.e north along said west line to said Point "A". � � . Al1 that part of the SW 1/4 NE 1/4 of Section 28, Township 29 North, Range 23 West of the Fourth Principal Meridian, described as fol- Iows: Beginning on a line parallel to and distant 200 feet south from the north boundary line of said SW 1/4 NE 1/4 at a point on said paralTel line 200 feet west from the east boundary line of said S[0 1/4 NE 1/4; thence west, parallel to said north .line a distance of 60 feet; thence . north, parallel to said east line to a point in a line parallel to and ' distan� 50 feet south, measured at right angles, from the center line of the most southerly track of the northerly line of railway of Burlington Northern Inc., as said track is now located and constructedi thence east, � . parallel to said center Yine, a distance of 60 feet� .thence south parallel t.o said east line�to the point of begin�inq. � • . ' . . . � � . ' . � EXHIBIT "D" _�.....__._-- - � - - - - _ _ ... _.. , ...A� _,.. _._..�. _ . . . .., . _. ...:_ .. ....- . �F _-..� ..s__ _ �---�-..� ::. .: .�.-.��-,..-;.....,._.. --:;�s .��:;:: PARCEL 3.5 � All that part of thc SW 1/4 NE 1/4 of Section 28, Township 29 � North, Ranc�e 23 Wost of thQ Fourth Pzincipal Meridian, described as follo�v3: I3c<Jinning on a lino prarallel to and distant 240 feet aouth from the north l�oundary line of said SW 1/4 1�1F: 1/4 at a point on sazd par.- allel line 200 feet west from the east boundary line of said S47 1/4 t7E 1/4j thence �aes�, parallel to said north line a distance of 60 feetj thence south, parallel to said east line a distance of 72 fee�= thence south- westerly along the line of a curve having a radius of 544 feet, its center west and at right angles from its point of commencement, said curve e:ctending a distance of 249 feet more or less to an intersection with a line parallel to and distant 510 feet south from said north linej thence east along said last nar�ed parallol line to a point 200 feet west from said east linej thence north in a straiqht line to the point of begin- ning= also, � c..v.HSBZT "E" ._�:�:., _ _: _. _ _ _ _ _ ... ... .., . _; ...,�. <.._ -z,_.�. - - - _.,: _. _ __._. ____._.,.. -.... � .._. _ . ... .. .. . _ -_. _ . _ . ..._ _ .___. __ __ ------- -- - - . _ . �; . ,.., . ;---- - - - _. _ . .,.___.._._:� _.,_�__ ._ _ ; �-�-�-� ..,._ ,.:�- ...�.--- „�� ' ' PARCEL 4 All that part of the SW 1/4 NE 1/4 of Section 28, Township 29 DTorth, Range 23 West of. the Fourth Principal Meridian, described as followss Gom�ne��i�g at the intersection of a l�.ne parall�l to anci perpendicu- i�-�ri}� distxnt �� ct t��th��st�ri�f �r�m ti�� nt�� iin� �� m�ir� t�e��: of. the southerly line of railway of Burlington Northern Inc. , as originally located and constructed, and formerly known as the "St. Paul, Minneanolis & Manitoba Railway Company short line road between St. Paul and Minneapolis" witti the west boundar� line of said Sc�T 1/4 NE 1/4j thence southeasterly parallel to and perpendicularly distant 75 feet northeasterly from said center line of main track to a line drawn perpendicular to the center line of the Eastbouz�d Passenger Track of the railway of Burlington 'Northern Inc. (£or- � r�erly the Great Northern Railway Company Eastbound Passencter Track) , as • located and constzucted on December 26, 1956, at a point therein distant 451.97 feet from said west line of the SW 1/4 NE 1/4, said point herein- after referred to as the point of beginninci; thence northeasterly at ric�ht � angles 4.15 feet more or less to a point perpendicularly distant 40 feet northwesterly from the cenCer line of Burlington Northern Inc. 's "Fairqrounds Spur" , formerly known as Great Northern Railway Company's "Fairqrounds Spur", as located and constructed on December 26, 1956; thence northeasterly para- � llel to and perpendicularly distant 40 feet northwesterly from said "Fair- grounds Spur" to an intersection with a line parallel to and distant 510 feet south from the north boundary line of said St� 1/4 NF 1/4; thence east, , . parallel to said north line to a point in a line parallel to and pernendicu- �larly distant 40 feet southeasterly from said center line o£ "Fairqrounds Spur"j thence southwesterly pa�allel to and perpendicularly distant 40 feet southeasterly from said center line of "Fairgrounds Spur" to a point in a line drawn parallel to and perpendicularly distant .85 feet northeasterly from said center line of main track as originally l�cated and constructed; thence northwesterly in a straiqht line to the; point of beqinning. ' � l � . Exceptinq and reserving unto Burlington Northern Inc. , its nominees, . � ' lessees, invitees,. successors and assigns, a perpetual easement for the lo- � . cation, oonstruction, operation, maintenance, repair and reconstruction of electric transmission .lines together with the location, construction, opera- tion, maintenance, repair and reconstruction ef any tower locations. or manholes required for said electric transmission lines over and across the southerly portion of the hereinbefore described parcel of land. EXHIBIT "F" ,� 25��2� P71RC�L 5 � R11 that part of the SW 1/4 Q'NE 1/4 of Section 28, Townghip 29 North, Ranqe 23 West, Fourth Principal t�eridian, c3escribed as follocvs s Corvaencinc� at a point in the east line of �aid Sc0 1/4 Q NE 1/4 of Section 28, distant 510 feet 5outh o£ �he northeast cor.ner � thereoft thence west to a point in a line drawn narallel with and per�erit��,CUl��'�y dj.�t��t �c� �� n9xthw��t�rly �rcam th� centex line . of former Great Nort}iern 12af14ray Cor�pany`s (now Bur.�inn�on Northern Inc.) "Fairqround5 Spur" as located and constructed on Decemher 26, 195G, and the place of beginnin�� thence continue west alonq last desczibed course to a point in the west line of said SW I/4 ¢ NE 1/4 of Section 28 distant 810 feet north of the southwest corner thereof.f t}ience south alonq said west line to a point in a line drawn parallel with and perpendicularly distant 75 feet northeasterlv from the center � line of main track of the railway o£ said former Great Northern Rai1- way Company (now 13urlington Northern Inc.) as oriqinally located and � constructed and formerly known as the "St. Paul, Minnearolis and M��nitoba Railway Company short line road between St. Paul and Minneapolis"� � ' thence southeasterly nara11Q1 with and per.pendicult�rly distant 75 feet northea3terl,y frem s�iid center line of. main track to a line drawn pernen- dicular to the center line of the Eastbound PassenRer Track of thQ railway ' of. said former Great Northern Railway Company (now IIux�linqton Northern Inc.) ' as located and constructed on Decetsl�er 26, 1956, at a point therein distant 451.97 feet fro�n said west line of the St9 1/4 � NE 1/4 of Section 28= � thence northeasterly at ri,qht anvles 4.15 feet more or less to a point . . per�endicularly distant 40 feet northwesterly from said center line of "Fairgrounds Spur"� thence northeasterly parallel with and perpendicularly . distant 40 feet northwesterly from safd "Fairgrounds 5pur" ta the place � of beginningt also, � . All that part of said SW 1/4 � NE 1/4 of Section 28 described . as follows: Bec�inning at a point in the east line of said Sc�� 1/4 r�' NE 1/4 distant 510 feet south of the northeast corner thereof= thence west to a point in a Iiae parallel with and perpendicularly distant 40 feet . � southeasterly from said center line of "Fairgrounds Spur"= thence southwesterly parallel with and perpendicularly distant 40 feet - ' southeasterly frc�m said center line of "Fairc�rounds Spur" to a }�oint in a line drawn parallel with and perpendicularly distant 85 feet northeasterly from said center line o£ main track as oriqinally located . and oonstructed� thence southeasterly parallel with and perpendicularly distant 85 feet northeasterly from safd center line as oriqinally located and constructed to the east line of SW 1/4 � NE 1/4 of Section � � 28= thence north along said east line to the plaee of beginninq, con- tafning 3.27 acres more or less. � Excepting and excluding all iron, natural gas, oil and all minerals - of any nature whatsoever as reserved in that certain Warranty Deed from • • said Great Northern Railway Company to- Waldorf Paper Products Comp�ny dated December 26, 1956. Toe�ather wfth an easoment for access ro�zdway purposes over, upon and acroan t}�a following pr.amieos nn contninQd in thnt cortain onsr,ment from snid �rc�nt Nortl3orn Railway ComPany to Waldorf. Pr��r Productrt Comrany dnted DecQmbor 26,� 1956, whQrein Great Northern Railway Company was tho Grantor and Waldorf Paper Products Company was the Grantee. Al1 that part of the Burface of thQ right of way of the railway of said former Great Northerri Railway Company (now Burlington Narthern Inc.) in thQ SW 1/4 �S NE 1/4 of Section 28, Township 29 North, Range- 23 West described as followsa „ ' ;� . . „ - . . , . EXIi2BIT "G" ?; . �: � ....r.a�.,:. .,.,..,..:a ,. ' ,... .—�.v.-�.... :...,:�. -+...<. ..,.... .....< .. .- . ' . - r" -�''"., _ _ .'a .. . ✓: .....;- w ..... . . .:,:- . . .: .- ._ .. -� _ . .,.. ._ .. . 4 _ . . _ __ _.. . .. ._:_ �.. >.. . .,..,_..,_ ..�;.-.r . ,:-.,�.� �� ;5 : _. _. ..' _..-. ....-; •S:f_: ' n strip of land 30 feet in width being parallel with and perpendicu- l��rly distant 15 feet northeasterly and 15 feet southwesterly from a line drawn at right an�les to the center line of. the Fairqrounds Spur track of said rail�vay oompany, as located and constructed on Decembex 26, 1956, • distant SF3 feet �outhwesterly, measured alonq said center line fxom its int�rsection with a line dracvn parallel with and per�endicularly distant 510 feet southerly from the north line of. said Strt 1/4 � NF 1/4 and lyinn between two lines parallel with and perpendicularly distant, respectively, 40 feet westerly and 40 feet eastezly from said center lins o£ spur track. , Said easement of December 26, 1956, contained the following zQServa- tion and provisions: "Reserving, however, to the c�zantor the riqht to construct, maintain, use, operate, relocate, reconstruct and renew such tracks and facilities as it may at any time, from time to time, desire within the limits of the land hereinbefore described, and further, the right and privilege to use said land for any and all purposes, not inconsistent with the use � thereof for access roadway purposes. � The grantee ac�rees as follows: l. Any and all cuts and fills, excavations or embankments, .necessary � .' � in the construction, maintenance or future alteration of said access road- - way shall be made and main�ained in such manner, form and extent a� will -. providQ adcRuate drainac�e of and from �he adioininR lanc3s and premises of the grantorj and wherever any such fill or embankment shall or may ol�- . struct the natural and pre-existinc7 drainage fror� such lands and prer,lises of the grantor, the qrantee shall canstruct and maintain such culverts �. or drains as may be requisite to preserve such natural and pre-existin_q ' drainage, and shall also wherever necessary, construct extensic�ns of ex- isting drain�, culverts or ditches throue�h or along the railway eml�ank- ment of the grantor, such extensions to be of adequate sectional dimen- sions to preserve the present £lowaqe of drainage or other waters, and : of materials and workmanship equally as good as in those now existing. 2. Grantee shall bear the cost of removal, relocation or recon- struction of fences, telephone or telegraph poles which may be necessary by reason of the uses of said premises for access roadway purposes." Together with an easement for accPSS roadway purposes, over, upon, � and across the fo11Q��ing premises as vontained in that certain easement from said Great Northern Rai.lway Company to Waldorf PaPer Products Cor�any dated December 2G, 1956, wherein Great Northern Railway company was the Grantor and Waldorf Paper Products Company was the Grantee. . All that part of the surface of the statfon grounds of the raflway of said former Great Northern Railway Company (now IIurlinqton Northern Inc.) in the SW 1/4 �,+¢ NE 1/4 of Section 28, Township 29 North, Range 23 West, Fourth Principal Meridian, describeci as followss Commencing at the intersection of the east line af said SE 1/4 ,¢ NE 1/4 of Section 28, with a line drawn parallel with and perpendicu- larly distant 75 feet northeasterly from the center line of main track of the St. Paul, tdinneapolis and Manitoha Rail�aay Company as oric7inally lo.cated anfl constructedj thence north along said east lirie 35�.36 feet � to the place of beqinningj thence west in a straic�ht line to a point in the west line of said SW 1/4 c� 2JE 1/4 of Section 2E3, distant. 92.446 feet north of the intersection o£ said west line with said line dratvn parallel with and peznendicularly distant 75 feet northeasterly from said center line of main trackf thence south to point in a line drawn parallel with said straight line and perpendicularly distant 3� feet south therefrom; thence east parallel with said straight line and nernc�ndicularly distant 30 feet south therefrom to a point in said east lino of the SE 1/4 � NE 1/4 of Section 281 thence north along �aid �� _ ea3t line to the p1aCe of beginninq� excepting ar�d excluding therQfrom that }�ortion of thQ abvve de$czibed tract lying ea$t of the west line of Snelling Avenue. EXIiIBIT "G" .. - --�-- -.�..___ _.__. .. .,, �M. . - - - . :- . ._; , _._ __ - - _ . _ _. -- - - -- - - - - - - _ _ :: -- � : 1 �z � � , � �ay92�� t . .. Said last mentioned easement of December 26, 1956, contained the following provisions "�xcept tliat the gran�or for itself, its successors, assigns, licensees and invitees, reserves the right to use said roadway in comman with the grantee. T}iis gran� is also mac3e on the c�ndi�ion tha� iF and when a better means of ingress and eqress from SnellinR Avenue to the grantee•s pmperty is provided by means o� a public road or city street, and ttie use of said roadway by the ctrantee shall no longer be rec�uired, all right, title, intcrest, benefits and enjoyment of grantee in � and to said pr�mfses for any purpose whatsoever shall ceasQ and de- texmiria and $aid grr�ntor, its euccQesoxs and assicrns, may at itg or t�iuir option, re-ontor, rc3-ta);o and hold said lands and premigea as - of tlia preaent estate of the grat�tor� without compensatiion to eaid gr�ntee,» . ,� . , �; , . � , � � � • � .. . .. . , 1 ; _ . . � EXHIBIT "6" ' ; - . ,, � . . . t, . , ; . , � • � ; : , : � ;. � . , , . � . ,. , � `. . � � � .. . • .. ; . , ' , °� � . , . , . � , -:�. -- ., ,.. ._.. � <x:;; t . . ..-- -. .�,- ,. � �.�:<: . , _ �..:,..�: H..:::-.o.,r.�.�::s.;..:., . ..._. . ,_ . .. . .,. _,. .. , .; .....: .� ..�:..._ �_� .� � � ,. v , _. � .. - . ,,.� ____�__ _ ___ -- - � _..