03-720Return copy to: (JAO)
Real Estate Division
140 City Hall
CITY
Presented By
Referred To
Committee: Date
30
1 WFIEREAS, a requesY has been received from Thomas Scanlon to release property rights granted to the
2 City of Saint Paul in a Piaza Easement authorized by Council File No. 278767, 7une 3, 1982; and
4 WHEREAS, the properry rights to be released and the property encumbered by the Plaza Easement aze
5 described in the "Plaza Easement AgreemenY' and "Grant of EasemenY' attached to said Council File
6 1Vo. 278767; now, therefore be it
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
RESOLVED, that with the accompanying Certificates of Intended Non-Use, filed voluntarily on behalf
of the Department of Public Warks and the Deparhnent of Planning and Economic Development for the
City of Saint Paul, made a part hereof by this reference and filed in the office of the City Clerk of Saint
Paul, the City, far itself and on behalf of these departments, abandons and discontinues all of its rights to
said easement; and be it further
RESOLVED, that upon passage of this resolution, the City Clerk is hereby authorized and directed to
record a copy of this resolution in the office of the County Recorder, Ramsey County, and that the City
Clerk shall maintain a copy of the Certificates of Intended Non-Use referenced in this resolution on file
in the O�ce of Citizen Services.
Council File # �� 12�
Green Sheet # ��b� ��
MINNESOTA
2 2
CERTIFICATE O� IMTENDED NOM-llSE
TI� HONORABLE YIAYOR AND MEiVIBERS
OF TF� COUNCIL OF Tf�
CTI'I' OF SAINT PAUL
a3=�2�
In the Matter of
Vacation File # 03-G03
The undersigned hereby certifies, on behalf of the indicated department or company, that it does
not intend to exercise its utility rights in the realty described below:
except as here noted:
Depariment of Public Works
rts C ry E�c/� l•tf�Er�
.IYSINNBSOTA
RAMSEY
J
The foregoing instnunent was ack¢owledged
day of ��J /U� . 200�
by JOHIJ {� �'7�L7K� � ✓ the__ �'.I7 E/lJY(/�/��iC_
of �JT YlYU� 1'�CSL�� �V�I�lL7 .a /17✓�/tit�/C'aTL— C�Q/c`���'t���2,
under the laws of the Siate of Minnesota
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�l�TOtary Pnblic, Ramsey Cb,anry�l4Linnesota�
� �, zc� vs _
My comnusrion asp�res � /U,t �
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*'` Please return this original copy to 140 City Hall, St. Paul, MN 55102 **
AA-ADA-EEO Employer
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Green Sheet Green Sheet Green Sheet Green Sheet Greer► Sheet Green Sheet
Depar[menUofficeJcouncil: Date Initiated:
-rE �t'ec6nologyandManagementSe�v ,�,��-� Green Sheet NO: 3002504
Contaci Person ffi Phone: Deoartrnent Sent To Person Initial/Date
Bruce Engelbrekt � 0 echnolo and ement S
2 �� Assign 1 i Attom h Ril t O AAL�
Must Be on Council Agenda by (Date): Number y Io ana n t Di r
23,IUL-03 For
Routing 3 or's ce Ma orf istsnt
Order 4 m �
5 i erk Ci Qerk
Total # of Signature Pages �(Clip NI Locations for Signature)
Action Requested:
Approve resolution to release easement rights granted ro the City of Saint Paul in a Plaza Easement per CF Na. 278767.
Recommendations: Approve (A) or Reject (R): —Personal Service Contracts Must Mswer the Following Questions:
Planning Commission 1, Has this person/firm ever worked under a contract for this department?
CfB Commitlee Yes No
Civil Service Commission 2. Has this person/firm ever been a city employee?
Yes No
3. Does this persoMfirm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet antl attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
A request has been received from the new property owner to release the CiTy's easement in this properry to allow the owner to make
physical changes to the property.
AdvanWpes If Approved:
The property owner xnay proceed with the physical changes requested by a new tenant in the building on the properry.
Disadvaniapes If Approved:
The property owner would no longer be requ'ued to maintain the smail triangular open space adjacent to ffie building as a public plaza.
Disadvantages If Not Approved:
The property owner would be unable to accommodate the buildout needs of a tenant in the building located on the property.
�;nrtfm^� Gnc,�aPG'i1 V��:t��
Total Amount of
Transaction: 300. �b CosUR¢venue Butlgeted: nJ ,111� ����
tliJ
Funainysource: petitioner/Property ActivityNumber:
Financial fnformation: OWrlel'
(�cplain) The $300 represents the fee for the City's administrafive costs to process the easement release.
JUN-05-2003 09�36
PED 14TH FLOOR
Interdepartmental Memorandum
CLTY OF SAII9�C pAUL
:
6512283220 P.92i02
43
----__�
bATH: �� 25 _ G �
TO: 1) ��• LCJtIG�O /�� T !�r
(DTSTRICT PLANNER)
RE: Vacation Request No.
�
�3-+�-03
The attached vaaation request was received by the Planning ivision on G�ease
zeview and return comments or reoommendations to me by� so tha4 I may prepaze
the Divisions recommendations.
20N11�IG SECI'ION: Is this vacation proposa] also tied to a rezoning or variance request?
'YES NO If yes, explain below:
STAFF COM�v1ENTS OR RECOMMENDATIONS:
% �e. .c:u�.� ,c�n.a�' ��CV�vu.�r
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��'l ,olrc� nvr� /� � an��"""°i �^cf�n�L / f°Z -
a, � a� �- ,�1�-�.. �� �� � �
�u��r�t� rr`' ���c.a �C` �� �-�,-
��!'lannars are to return the reviewed vacataon re uest to Allan Tozstenson
9
(Zoming Manager). ���_
��
. 6,
TOTRL P.H2
MAY-14-2�3 11�16
,AhwRT �` 06�M1RTMCIiT
[e.Ut - }RAYOA
Presrnted B ���
Y�
. Referced To �
Out of Committee E
CITY OF ST PRIJL LIEP
CiI"i'Y OY' S�'.IN"i' 1'.1tiL
Counci;
�� ���
Commiltee
Depattmenc ot:
�� ..
:;
RESOLUTION AUTfi0RI2ING � / 1:0�`�']�"`• 'r�, - -- -
EXECUTIQI�t OF EASEMENT �/
_ AGREEMENT
- � 1 � �.,re . : 9�,Q.�
wx��x�s,
(y) Tha Gity of St. Paul, Minnesota ("City") has
undertaken the improvement of real property, ideatified in Exhibit
1("Property") for use as a pub2'sc pI.aza;
• (b) The improvements to said property are bei.ng con-
stxucted in accozdance wi.th pIans and speci.fzcations prepared �
by the City, idetiti£ied as City Project No. 81-P-0886, Machovec s
TYiangle; � .
(c) Tha owner of the Pro erty tia,s granred the Cit}'r
k e obligationsof�mainte�nance, repair$ operation
of the public plaza and i.tuprovements;
(d) The Gity wtll benefit fror� the imp�ovements and
the maintenance of the xmpYOVements by the owner of the Property;
Gity
Npt THEREFORE� BE IT RESOLVED by the City Council of the
of St. Paul, Minaesota, as £ollows:
The Gity hereby appruves the execution and recoxding
of the Plaza Easement Agre�ment attnched hereto as Exhibit
2 and the Grant of Easemerit attached hereto as Exhibit 3.
coo�c�LxEH
Ytas N++Y1
"�' ftetc�+e�
tavu,e
Isr ��
T Hicasy
Sdfe�bd
Adup�ed by Council: �OZte
__�____ [n Favor
� Against
,}UK� 3 t982
8y
Focm Agpro7Kb5' Citp
BY .Lf/fC(I•LlCV iStfl��"' ��
�'y�J?�
6512669099 P.02
�.v_..�a_
Filt N 0.
P(.7�.7.�0.�
Date
Certibed Yax e �ouncil - et ��
��V
B �— ,
J131i �:�:7:�1982.:.-,:' .�
ppprvved hy �fuvor: Date _,�- ;-r:.. .--^—� . . :
. �;,•� : ;.
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8Y . . ... ..... ......... . ', ._..
Eu
MRY-14-2003 Si�i6
CITY OF ST PRUL �IEP
�X�27-b1� 2 .
pLA7A EASEMENT AGREEMEN7
�3-��
6512669e99 P.03
2%8 � 67
Th4s Agreemeni is made and entered into this day of
19&
.by ynd between the City of Saint Paul, a municipa3 corpotation, fiereinzfter referred
to as the "City"; StanleY F. Machovec and Gloria R. Machovec> hus�and and wife,
_ .
vxaers of that property described as:
a
7hat part oP''1.o_ts_1 and 1 Sjock 31; 7homa5 Qaly's $ubdivision
of 81ock 18 and 31, Stinson, Brown and Ramsey'S Addition to
St. Paul described as follorrs:
Cormenc�ng at the ftortheast corner of Warsaw and West
Seventh Streets the same being the Southwest corner
of said lot t6, above described, running thence North _
on tbe East Tine of Warsaw Street, 56.41 feet to the
Southwest corner of Lot 1, A. K. Koehler's Rearrangement
"q"; thence running East along the South'line of said
Lot 1, 14.Q7 feet to a point; thence running Southeaster
along the Nes'terly line of safd Cot I unti7 it strikes
the North line of Uest Seventh Street; thence running
Southwesteriy alang the North iine of F�est Seventh Street,
49.8Q feet to the p3ace of beginrting, excepi from said
Lot 16 that part descr�bed as fotlows: Be9inn�nSfrn��t���
East line of South Osceola Avenue, 13 feet North
Zntersection of satd East line produced SoutherlY With
the Northwesterly Tine of Nest Seventh Street produced
Southwesterly; thence Southeasterly to a point on the
Northwester�y line of �iest Seventh Street, 19 feet
ftortheasterly from the afarementioned intersection;
thence Southwesterly atong said North�i��to��theiEast
l3 feet; thence Northr�esterly to -a p
line of Sauti Osteol�encellNortherlytalong sa d line
;paint of be9 nntag;
to beginni�g.
Subject to Restrictions contained in Document �tumber 2542 ..
(ToYrenS� �
and Stan7ey F.'Hac3tovec and Sophie R. Machovec+ owners of that property
as:
Lots l and 2, A. H. Koeh7er's Re-arrangement "A", accord�rsg
� t�Q pZat of said addit{on on fiie and ofi record in Lhe offi
of the County Recorder. (AbstracL)
• '� C
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described
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MAY-14-2003 11�16
CITY �F ST PAUL LIEP
.2..
b3-?�
6512669999 P.04
all of which owrsers shall 6e co7lectively referred to as the "trwners" and
tfieir property �including for this Rgreement bath Tracts) cotlectively as
"Property".
THIS AGR£FHENi' is s;,ade in cons{deration of the mutual promises and' .
artd undertakings of parties hereto, the expendlture of bath pubisc and
private funds as requ�red herein, the burdens and benefits affecting the
Property of the Owners, and the pubiic benefits accruing from the improve-
ments and their maintenance.
PLATA CQI�STRUCTFQN
i. The City agrees to construct on a portipn of the Property of the
Owners a p7aza area with certain improvements, zll in accordance with the
pTans attd specifications as prepared by the City and identified as City
Project No. 87-P-a886, Machovec's Triangie. The Gity will construcL atl
the improvements (unless otherwise provided herein}; includfing ptanters,
benches, and a light, and accomplish the landscaping, as provided in said
plaas and sQecificat�ons. 7he Cfty wiTl instaTl the wiring and conduit
for the 1Tght up to the buitding and adjacent to the plaza owned by the
Qwners. 7he Owners shalt connect the wiring and conduit to the buildin4
e3ectricat system at their own expense.
2, The Owners sha31 be responsible for and provide their own
.
A
cost all maLerials or ite� as shown an the pla�s and specifications,
i�cluding the buoy and fiowers, ►rhich are indicated to be their responsibiiity.
MAY-14-2003 11�16 CITY OF ST PAUL LIEP
_3_
pz-73o
6512669999 P.05
� EASEMENTS AND HQfIRS
3, The Owners hereby agree to grant io the City a puhlic easemeni
for publit use and enjoyment of the p3aza and improvemenis, Which ob'tigates
sa�d Owners dnd bUrdens their Property (including both tracts) by requirirtg
them to main'tain, operate, repair and insure ihe plaza and improvements. •
The Owners Shall, as to any portion of the Property whose t�tle is registered,
present Lhe owner's duplicate certificate for such Property for the purpose
of making a memorial of such grant of easement upon such certiricate of
title ai the office of the County Recorder 4nr Ramsey County, Minnesata.
Said' easement to De granted by the Owrers shall 4e in the form attached
nereto as Exhibit A and 5ha11 grant to the pu�lic the right of use of said
plaza and inprovements over the Property for purposes of pedestrian use,
ingress, eqress xnd transtt, except for such reasonable pot;ce measures
re9arding open hours and closing al1 or part of the piaza as the City may,
by ordinance, fram iime to time determine. or regarding pubiic conduct
therein as may ba prohi6ited by applicable ordinance as amertded from time
to time.
OPERATiON, MAINTENANCE FND REPAIR .
�, The Owners agree to maintain, repair and operate tRe Q'Eaza and
improvements thereon at their sole cost and expense, and sha17 keep and
maintain the plaza and improvements in repair and in safe condition 'for
public use, reasonably clean and free oF litter and debris. The O�+ners
shall provide and pay for any and atl costs of electricity needed for the
operation of the iight. -�
O 3• ?�
. MAY-14-2003 11�17 CITY OF ST PRUL LIEP 6512669099 P.06
. . _ .
' S, Such matntenance sha17 include, but not be limited to,�snoW
shoveling, siveeping, refuse or rubbish removal; tlean�ng, polishing,
and repainting Lbe improvements; repair and rtplacement of said improvenents;
fl oxer. shrub, ar+'d tree watering, tare and replacemeni; light bulb J
repiacement and light f�xture tleaning. City shail be furnished rr'tth �
both preitmin�ry and finat p7ans and specifications for alt additions,
alterations or repairs and replacements to the piaza and improVements,
wh9ch plans and spetifications Shall be Su�$ect to 9ts reaso�abTe and
time]y approyal or disapproval before tommencement of the work contemptated
therein, Lack of action on either, preiiminary or final p3ans and speci-
f9cations Lo approve or disapprove within 3Q days shall be deemed approval.
6, ,if the Owners faii to adaquately maintatn, repair and operate .
the safd plaza and improvements to a reasanable standard of safety, or
shail fat7 io undertake reasonable maintenance, operatinq or repair of
tRe piaza and improvements Within 30 days after receipt by them of written
demand from the City. tne Lity may undertake said reasonabTe and necessarY
maintenance, repair and operating tasks,.and t6e costs incurred by the �
Cfty tar said maintenance, repair and operation sha7T be assessed to and
shat},be paid forthwith by the OKners; provided, however, tfiat the City
retairts the righi to as5ess such costs aga'Tnst the Orrners•as a iocal improve-
ment in the aanner provided by law.
7. The plaza and tmprovements whieh are the subject of this Agreement
shall not be operated for the purpose of advertising the name of any product
or business or for any commercial or business purposes.
' MAY-14-2603 Sl�i7 CITY OF ST PRUL LIEP
- �'v���^'� .1�f
. ✓" o .
-5-
b3• �Zo
6512669099 P.07
' FNS� E
g_ Th
.. ., _._._. < -:.,. :� .; � -`:: _:,. �-
.�.:irisurance coverage�:far the p7aza and 9mprovements W�th a dutY licensed
' - .. �.. .. . ":::r•�P.i::'..:•.':i:�::i:'...^ . . .. ,: . . . .,,. '. - F
insura�ce company, wherein-the�Ctty�shall..be�designated�a5 additjonal - ,
insureds; said insurance containing the following minicnum coverages: for _
�
property damage to the extent af-S�>QDa.fl n any single accident; for
personal injvries, including death���$50� �.���•OQ� eaCh occurrence.
-��
Such minimum amounts sha11 be subject, upon 60 days n ot c;.to reasonable
change by office action of the Council of the City of Saint Peut, in the
event 5t3tutory muniGi,pai iiability l�miis are altered by legislatiaa or
judicsa7 decision at any time after the date t�ereof. The cas�alty znsurance
sha71 have an all risk or phYsicai loss coverage in the amouni ofi the fvll
repiacement tost of the �mprovements.
-. ,9; :, ;:I ns.urance : requ i red,,h ereitnd'er..:;:fot,.. r8 ;"aii� ::l.i a�tii 1 i ty. �:fpr.: th e:'area
• .. .. ..,• . .._. __.
,.,_:: .,.:,;,;. .w.,:.,, • <assuroed:,bY.:the
_ _ '""'-.r_i�`7L'i�
-�,1)wr�ers,;
BINDING 08LIGA3IONS
10, 7he parties agree that in the Constructjon, maintenance, repair
and operation of the plaza and �mpr'ovements, they sha11 be boynd by a11 City
codes and ordinances insofar as applfcable. � -
� ll. The respecLive rights and obligations of the�partfies set forth in
this Agreement shall be binding upon and inure to the henefit of the
parties, their successors and assigns, and shali cQntinu
ce unti] such
time as sald laza and improvements and easement is vacated or abandoned in y
the manner permitted by law, or terminated in_accardan,ce With the Gra�of
-- - ---• ' �
����
' MAY-14-2003 11=:,7 CITY OF ST PAUL LIEP 6512669e99 P.08
- ,6 _ .
� 12, 'Fh9s Agreement sha11 survive conveyance and delivery of the 6rant
of Easement prov�ded herein, and sfiall not be cons4derad merged therein:
i3. The Dwners herefn reserve unto themselves the unconditional right
and privSlege of�seiling, tonveyirtg and transferring their abutting and/or
encumbered or involved reat estate herein and assigning and transferrfng ,
this Agreement to any other corporation, corporations, trust, trusts,
indiv�dual(s), partnerships, or other forms of venture. Fn the event of
transfer of any interest in the Property, the Owners may be freed znd relieved,
from and after the date of such trensfer, of a11 liability as respects the
performance of any covenants or abligat�ons on the part of Owners tontained
in this AgreemenL thereafiter to be performed; providing :hat Owners' successor
fully and xithout 3'irrritation assumes in writing all duties, respons5bilities
and tovenants of �he Owners under this Agreement. For the gurposes of this
paragraph, "O�+ners" shatt inciude, but not be limited to, lessors, lessees,
sublessors and sublessees.
l4. The obligations and duties contained Sn paragraphs 3 and 8 herein
sha7l be carried out or commenced xithin fourteen (14) days after the effective
date of this-Agreemeat, Frhich date shall be the date of the acknou]edqment of
Lhe last stgnature therQto. A11 other obiigations and duties shali became
operztive on the said effectiye date of this Agreeme: t.
15. �Any notice to the parties hereunder sha11 be considered sufficiently
de7ivered if mailed by certif9ed mail. return receipt requested, postage pre-
paid, as follOws:
a. Fo: City of Saint Pau3
• Donald Nygaard, Director
Dapartment of Public 4lorks
6th Ftoor. City Hall Annex
25 Nest fourth Street
. ' ' St_ Paul, �linnesota 55i02
� MFlY-14-Z003 11�18
b. To:
CITY OF ST PAUL LIEP
__�_
Steve Wettington -
HRAJGtty of Saint Paai, Minnesota
12t1t Floor, City Ha11 Annex
25 4test Fourth Street '.
St. PauT, Minnesota 55T02
1 F �achavec
v3-�Zd
6512669099 P.09
Stan ey .
Machovec's Food Market ' � � �j — / /'� �
997 Ylest Seventh Street
St, Paul, Minnesota 551Q2
a
;
A party maY, by written notice, designate a different address to which notices
to �t shall be directed. ,
APPROyED AS TO fORM
CiTY OF SAINT PAUL
sy
Its Mayor
rector, Departmeat of Planning
mic Development
ay
ts D�rector, Oepartment of Finance and
Management Servtces .
Sy
ts C�ty G er '
MqY-14-2093 11�18
SATE OF MIHNE507A }
COl1NTY OF RAMSEY )
CITY OF ST PRUL LIEP
SS.
�
'� 3 -�2a
6512669099 P.16
The foregainq instrument xas acicnowledged before me th9s
day of
, of 1981, by GE�RGE LAY���R� M�Yor af the LITY OF SAINT PAUL,
a�n�lctpa corgeration of the State of Minnesota, oa behalf of the City af
Saint ?aal. • ,
5TASE OF M2NHES4TA )
) SS.
COUN7Y OF RAtdSEY )
daY of
•�Tfle foregoing instrument wns acknowledged before me Lhis .
,}gg�, by JAMES BELLUS, Oirectar of Planning and conomfc
Oeve o9ment for the LITY Of SAINT PAUL, a municipal corporation of the 5tate of
MinResotn, on behalf of the City of Sair.t Pau1.
STATE OF MINNESOTA ; ss•
COUNTY OF RAMSEY )
day of
The foregoiogtg$};rbyep�TERSHAMES,WDirectoreofrFinan e anagement �
$ervices or t e CI3Y OF SAINT PAllL, a municipat torporation of the State.of
Minnesota,•on behnlf of the CitY of Saint 4au1. �
STATE OF MIttNE50TA � 55.
COUNTY OF RAMSEY )
The foregoing instrument Nas acknowledged 6efore me this
day of
� 1981, by ALBERT B. Ot50N, City Clerk 4or the fTY OF SA N7 PAUL,
a �nunic pa corporation of the State of Minnesota, on beha3f af the C4ty of
Saint Pau1.
d
MRY-14-2003 11='18
STATE Of NFK�iESOTA j
COL'HTY OE RE,NSEY )
CITY OF ST PqUL LIEP
Q�
SS.
03��Za
6512669999 P.il
��8;s7
day of
The foregoing instrum ��ANLEY F� and 6LORIA ��EC,
•� , 1983, by .
htts and and Wife).
$TAT: OF MFNRESOTA }
� SS,
COUfiTY. QF RAMSEY )
day of
r The foregoing�gn�rayeSOPHIE R�kMACHOVEC� aesingteeperson ��dow}.
u,,.. ... �---- -
�
, Notary Public
`�� VSCTORIA kt. MURRAY
:�
rtptAlT W/llG - 4L Nf50TA
� '�� R.�,MS'_Y COCRd� [
{ My cunm�:iwn sxpirc� Aup.13.2485
NOtary rup��c �
-"1 VICTORIA M- A;UQRAY
..
f ` " �`.' � NOTAIY PVtttC � M.3:1:Hi07A
S '�� R,c,M<gY GCU�uTYl985
i hw ear..misiion axpins Au .13.
tI/�� . -..�.
MAY-14-2003 11�18
CITY OF 5T PRUL LIEP
�3
U
GF2ANT OF EASF'�NT
2�8'767
wEiEREAS, Stanley F. .*Sachovec and Gloria B. Machovec, husband
and wife, are owners of t.hat propezty desCribed as: _
T} part of FAts i5 and 15, Block 3I, Thomas
DaS.y`s Subdivision o� Blocks 18 and 3i,
Stinson, Brown and Ramsey's Addition to St.
Pau2 desczibed as follows: .
Co�encing at the Northeast corner o€
Wa�saw and West Seventh Stzeets the
same being the Southwest corner ot
said T,ot 16, above described, running
thence North on the �ast Iine o� Warsaw
Stseet, 56.41 £eet to �he Southwest
corner oP Lot �, A. H. Koehl.er'S Re-
arzanqement "A°; thence running East
a2ong the South line af said Lot i,
14.07 feet to a point; thence runninq
Southeasterly along the Westezly line
of said FAt 1 until it strikes the
North line of Wes� 5eventh Street;
thence running South�esterly along
the North line of West Seventh Strest,
49.80 feet to the place of beginning,
except from said I,ot lfi t1�at part
described as follows: Beginning on
the �ast I.ine of South OsceoZa Avenue,
19 feet North from the inLersectiOn
of said East liae produced Southerly
witti the Northwester�y line of Vtest
Seventh Street produced Southwesterly;
thence Southeastez2y to a point on the
t3ort�hwestarly line of West Seventh
Street, 19 feet Northeasterly from
the a�orementioned �nterseetion;
thence Southwestezly along,said North-
westerly line, Z1nt�on�theeEast�lz e
westerly to a Po�
of South Osceola Avenue, 13 feet South
£rom t.he poi.nt of beginninq; thence
Noz'thexly a2ong said East 2ine to
begirsai.ng .
Subject to Restxictions contained in Document
Number 254217. (Tarrens)
and Stanley F. Machovec, a atarried person, an3 Sophie R. Machovec,
a widow, owners o£ that certain groperty described as:
�3'? ?�`'
6512669099 P.12
MAY-14-2003 11�18
CITY OF ST PAUL LIEP
-2-
I,ots 3. and 2, A. H. Roehler's
^A^, according to the p2at of
on £ile and o£ recard in tihe
County :�ecorder. (Ahstract}
o3-7Z6
6512669099 P.13
Re-arrangement
said addition
ofEice of the
, herein collectively referred to as "Grantor", ase the owners in
fee o� that certain Zand situated in the City of 5ai.nt Paul
County of Ramsey, State of Minnesota, moze particulazly described
above, hereinafter caXled "Gsantor's Property and
WHEFZEAS, Grantor has agzeed purs�ant to that Agreenent
8ated Octaber 20, 1981-, �o grant to the City of Saint Pau1 a
public ease�nent for a pubiic plaza with public improvez�eats
located thereon, such plaza to be located on Grantor's Property;
and further to undertake certain obligations aaiPrOOpezat?on
said Agreement concerning the maintenance, zep
and insurance of the plaza and improvemeats.
t30W, THBREFOgE, in pursuance of that Agreement, and in con-
sideration o� the sum of ONE DOLLAR (S2•fla� and other valuable
consideration, the receipt and sufficien�y Whex�o£ is hereby
ackno�al.ec3ged, Grantor, £or itseZf and its successors and assigns,
do6s hereby grant unto the CZTY OF SAINT PAUL, a Minnesota
there nafor�ther�se�andabenefit of the publica
follows:
(See Exhibit 1 attached hereto)
Public use of the easement area is exgressly herein made
Subject to such reasonabZe pQlice meas�es regarding open hours
and closing anY Par� or all of the easem°nt on Grantor's Proper�Y
and regarding public conduct within the pZaza, as the City of
Saint Paul may, by oxdinance, from time to time determinet and
xhe public`s right hezein to use o£ the p2aza and inprove
ments thereon shaZl be and hereby is maae SorazzlytcloszngFPartis?
abie measures regarding open hours and temp
oz all of the easement areas within or on Grantor`s Property as
the City o� Saint Paul'may, bX agreement with Grantor or,its
successors�or assigns, fram txme to � Se�ight��onexercise, from
provision shall not diminish the City or ainance, con--
time to;_tiiae,. .i�.s _pol.ice pow�s unzlatezally, by
cerning:hours open for use, ar temporarily c�-O�lic�conduct
pr all of�'the easement,�to'•t.he'Pub7-ic, or concerning p
within rhe easemen�,.noz_,sha32 such agreed or iegislated hours in
any manner' restsict Ci.ty'.s'easement i.nterest, but shall a£fect
only the public's:iights ta the use and benefit of the plaza and
improvements thereoa. .. . -
11AY-14-2003 11�19 CITY OF ST PRUL LIEP
-3-
o� �20
6512669699 P.14
Notwithstandiag anything to the contrary herein, the ease-
ment given shall be limited ta the life o� the inorovements
constituting the plaza and shall tertninate upon the happenzny
of either of the foilowzng e�e��s=
A, In the eve�t the ease.'nent granted herein is
vacated, abandoned or discontinued in the
manner recuired by la�r.
B, Zn the event the building adjacent to the
iand upon whzch the easement zs located,
shall be substantially dest;oyed or demol-
ished and such building shall not be reoaired
o= recoastructed; provided, however, that in
the event such building(s) be reconstructied
or replaced, Grantor, its successors an3
assigns agree that, without fuzther consider
ation,�a substitute easement of substar.tially
equa3 convenience, area and general con�igur
ation sha1.1 be given.
The qrant of easement herein shall be subject to the right
of the Grantor, its successors anc3 assigns, to seek vaca�ion o°
the public easement; provzdsd, however, that the Grantor shall
pay, as co�pensation for said vacation un�ez Secfiion 134.05{}.}
o� �e Saint Paul Legis3,ative Code, the City's costs of acqui-
sition, construction and installation oE said plaza and improve
ments, less depzeciation compvted on a tan-year, straight-line
basis; £urther provided, that in the event the Grantor elects
to remove or clispose of said �mprovements after vacation o� the
aublic easement, this shal.l be at its own cost and responsibility.
The City may, at its option, seek vacation of the publxc
easement as provxded by Iaw; provi.ded, however, that in that
case the City shall bear the cost and responsibility for remo-
Grantordshal�inotsbe�obligatedmto�payeany com� nsati.on�for
said vacation-
Grantor, £or itself, its successors and assigns, does hereby
agree that €or and 3uring the life of said easement, Grantor, or
its designee by sepaxate agreement, shall be zesponsible for
an3/or provide for the cost of all maintenance, operati,on, repair
and insuzance of the�public plaza and imp=ovements theseon, it
being understood that the aforesaid covenant sha2l zvn F'ith �'e
Iand. �
Grantor zeserves unto itseI.f the right and privilege of
selli.ng, conveyinq and transferring the Property descri.bed above
or any interest therein to the extent not prohibzted by or
.
MAY-14-2903 11�19 CITY OF ST PRUL LIEP
—4~
651 �6909 � P.15
inconsistent with any other Agreement *ahich may be applzcable.
Zn the event of transfer of the Grantor`s interest in the
Proeezty. the Grantor (sellez} may be freed and relieved, �rom
and a£tez the date o£ such transfer, of a27. Iiability as
the performance o£ anY covenants or obligations on the P
Grantor (seller� contained in the Agreement which ara thereafter
to be oerformed; provided that Grantor's successor fnlly and
without Iimitation assvmes in wziting ali duties,, resgonsibil
ities and covenants of the Grantor hezeunder-
TO KAVS AND TO HOLD said easement for a pubiic plaze and
imnrovements thereoa, togethez with all rights of ingress and
eqress pertaining thereto unti3. the plaza and improvemen�s a~e
vacated or abandone3 in the manner required by law, or terainated
in accordance 3ierewith.'
Tr W NESS WH��EOF, C�rantoz ha� hereunto si9 � hand
thzs day of
Ti .-i _ e .. I�v1z •
STATE OF MTNNESOTA
COUN=`l OF RAMSEY
The
MAC OVEC
SS.
£ozegoing i�trument w s acknowledged befoSTANLEYhFs
day o£ /V , 1981, by
and GLORTA Ft• MACHOVEC, h�sband and wi£e.
.
.to�v n. ��Qnx
"� xoT�r aua� �c—L::xr.�sa�r�
�S"� ~ �tw�ss���coUn;Y
f1� f,tmTisr+ i=;i:a M.^:1I.1984
Y b
GLORI A F2, MA �OV£CV Y�-G�-�71--Q�
� MAY-14-2003 11�9.9
CITY OF ST PAUL LIEP
-5-
STAT£ OF MINNESOTA � SS.
COU*72Y OF RAMSEY ) �
�3`�?.�
6512669099 P.16
The xoregoing ins�zum t was acknowledaed befor� me this
^� day Of � � 1981, by STANL£Y F• M�ICHOVEC,
a narried person, and SOPATE R. MAC"rIQVEC, a widow.
� '
7tY�.�A��(J�MArvVJ+MNNMll1MINJ✓wV� •
t �� .IC:'.V n. L: :� �
��_.�: �...,.._°-• ' . . ..�� �
� s K..�..:� �vc ' — .. . TA
��r� Pi:...�'�'�.i:C.e.•(
I`' G.a:..r.,: •••• +a»L : i. : ii�
, ;E:;.._
xvvrn� "
SOPH3E R 1�ACH VEC �
MRY-14-2003 11�20
CITY �F ST PRUL LIEP
� �v
03 - 7�
6512669099 P.17
2'l��i'b E
Exx�BI� 1
31, Thomas
31, Stinsan,
Paul described
Brown
as £ollows:
Commencing at the Northeast corner of Warsaw
and t9est Seventh Streets the saicce being the
Southwest coznez of said Lot 16, above des-
cribed, running thence North on the East line
o£ Warsaw Street, 56.41 feet to the Soutnwest
corner of 7�ot 1, A. H. Koehler`s Rearrange-
ment "P.": thence running East along the South ,
line of said Lot 1, I9.07 feet to a point;
thence running Southeasterly aiong the west-
e zZy �ine of,said Lot 1 until it strikes the
North line of West Seventh Street; trience
running Southwesterly alang the North �ine
o� Wes� Seventh Street, 49.80 feet to the
place of beginning, exceot from said Lot 16
that part described as �ollows: Beginning
on tne East J.ine of South Osceo3a Avenue,
19 fee� North from the intezsection of said
£ast line produced Southezly wi.th the North-
westerly line of West Seveath Street produce3
Southwestszly; thence Southeasterly to a point
on the L�orthwesterly line of west SeVenth
Street, 19 feet Northeastez3y from the afore
mentioned intarsection; thence Southwester
al.ong said Northwesterly line, 13 feet; thence
Northwesterly to a point on the East line of
South Osceola Avenue, 1.3 feet South from the
point of begi�in5% �ence Northerly along
said Mast Iine to beginning_
Subject to Restrictions contained in Document
Ntunber 254237. (Torrens)
That part o£ Lots 25 and 36, Block
Daly's Subdivision of Blocks 18 an3
and Ramsey`s Addition to St.