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03-927Retum copy to: (e.c.) Real Estate Division 140 City Aall Council File # D�J' /2 -7 Green Sheet # ��j�i7 RESOLUTION CITY OF SAINT PAUL, MINNESOTA /� Presented By ���� ��1�� f,���� (�- Referred To Committee: Date WHEREA5, the City is eatending street improvements of Sherwood to the property at 330 Sherwood and is bringing the sewer from Arlington to service the said 330 Sherwood, the City will require a 20.00 foot wide sewer easement on, under and across: a Lot 6, Block 1, Strub's Addition, those portions of the east and west alley in said Block 1 accnxing to it by s vacafion of said alley; and 6 Lots 8, 9 and 10, Block 1, Strub's Addition, and the south half of the adjoining alley, vacated, lying between � the extensions across it o the westerly line of Lot 7 and the east line of Lot 10. a The centerline of said easement is described as follows: 9 Beginning at the point on the north line of said Lot 6 distant 10.00 feet westerly of the northeast corner io of said Lot 6; thence on a assumed bearing of South 00 degrees 20 minutes 53 seconds east along a i i pazallel line distant 10.00 feet westerly of the easterly line of said Lot 6 a distance of 106.58 feet; iz thence South 44 degrees 58 minutes 40 seconds West a distar[ce of 34.73 feet; thence South 89 is degrees 58 minutes 40 seconds West a distance of 85.99 feet to the westerly line of said Block 1, and ia said line there terminating. The side lines of said easement aze to be extended by the full width to is terminate at the north line of said Lot 6 and the westerly line of said Block l. i6 THEREFORE BE IT RESOLVED, that the proper City officials aze hereby authorized and directed to i� accept and to file in the office of the Ramsey County Recorder, the deed of dedication for a sewer easement ia as described above 03•9�� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � DepartmenNoffice/council: ' Date Initiated: TE — 7echnologyandManagementServ ! Z�EP-03 i Green Sheet NO: 204167 � � � Contad Person & Phone� � � PeterWhite 6-8850 � i ' Must Be on Council Agenda by (Date): � i i DeoartmeM SentToPerson Initial/Date 0 Tec6nolo¢v and Mana2ement S� �� 1 CiN Attornev Meehan Rilev � ID I� 2 �Tec6noloev and Mana2ement S� Director �I � 3 3 vor's �ce i MavodASSistant 4 Council i 5 'Ciri Clerk � Ciri Clerk � A� Number For Routing Order Total # of Signature Pages _(Clip Ail Lowtions for Signature) Action Requested: To accept and to file with Ramsey County the dedication of a sewer easement, which will faciitate tying the property at 330 Sherwood Avenue into the sewer in Arlington Avenue. Recommendations: Approve (A) or Rejed (R): Planning Commission CIB Committee Civil Service Commission Personal Service Contracts Must Answer the Following Questions: t. Has this person/firm ever worked under a contract for this department? Yes No 2. Has this person/firm ever been a ciry employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes No F�cplain all yes answers on separete sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): The owner of this property is planning to do a lot split and build more houses. The existing house has a septic tank. Advantages If Approved: The property at 330 Sherwood will be fied into the sewer in Arlington. DisadvantageslfApproved: None Disadvantages If Not Approved: The property would have no sewer connecrion. SEP � L 2Q�13 'otal Amount of O Transaction: Fundinst Source: Financial Information: (Explain) CosURevenue Budgeted: Ac[ivity Number: �,OtlS1Gk� ��4�'arCh ^Pn+�r .�...�� �:i ,� ,:'.{... D3'9d7 DEDICATION OF EASEIVIENT FOR SEWER PURPOSES The undersigned, Renovation Inc., a-Nlinnesota corporation, Grantor, for good and valuable consideration, to it in hand paid and the receipt of.which is hereby acknowledged,,does hereby grant, bargain, sell and convey to the City of Saint Paul, a municipal corporation of the State of Minnesota ("City"), its successars, and assigns, as Grantee, a permanent easement for sewer purposes on, over, under and across the following tract of land being in the County of Ramsey, State of Minnesota, described as fallows: .-,, . See Exhibits "A" and "B" attached, hereto and made a part hereof. Said public sewer easement shall be subject to the following conditions: a. No buildings, structures, trees or any temporary stmcture, material storage, fixture, or any other objects which may prohibit normal access tb utility facilities for maintenance purposes will Ue permitted witfiin the easement area. b. Improvements in or upon the above described easement that do not prohibit the City from exercising its reserved rights may be allowed by obtaining written permission from the Department of Public Works Sewer Division with the understanding that the restoration and costs of such improvements shall be the sole responsibility of Grantor, its successors and assigns in the event the City exercises its reserved easement rights. c. Should it be necessary that the Grantor's improvements be removed or damaged as a result of the Department of Public Works operations, all removal, replacement or modification costs shall be borne solely by Grantor. d. No change from the existin� grade within the easement area shall be permitted without written permission from the Department of Public Works Sewer Division. e. No change in surfacing within the easement area shall be permitted without written permission from the Department of Public Works Sewer Division. o3-9a7 f. The Grantor, its successors and assigns shall fully indemnify, defend, and save hazmless the City, its officers, agents, employees, and servants from all suits, actions, or claims which arise from any injuries or damages received or sustained by any break in any service pipe or connection in said reserved easement arising out of or resulting from any action or negligence of the Grantor, its employees, agents, or business invitees. To have and to hold the same forever. The Grantor does covenant that it is well seized in fee of the land and premises aforesaid, and has good right to sell and convey the same free of all encumbrances. That Grantor also covenants that the above granted easement is in the quiet and peaceable possession of the Grantee. The Grantor will wanant and defend against all persons lawfully claiming the whole or any part thereof, subject to encumbrances, if any, hereinbefore mentioned. It is intended and agreed that this Dedication of Easement shall be a covenant running with the land and shall be binding to the fullest extent of the law and equity for the benefit of the public. It is fizrther intended and agreed that this Dedication of Easement and covenant shall remain in effect without limitation as to time. IN TESTIMONY WHEREOF, the Grantor, a corporation under the laws of the State of Minnesota, has caused this Dedication of Ease ent to be executed in its corporate name by its duly authorized officers, and attested to this ��ay of September, 2003. Renovation Inc. (a Minnesota corporation) By: � /��'zJ" _ c'IT Wallace D. Nelson, Jr. Its: Vice President STATE OF MINNESOTA ) ss COUNTY OF RAMSEY ) The foregoing was acknowledged before me this J�of September, 2003, by Wallace D. Nelson, Jr., the Vice President of Renovation Inc., a Minnesota corporation, on behalf of the corporation. � ,� � � ,� ,�,��Z Notary � THIS INSTRUMENT WAS DI2AFTED BY: _.._.,.,,____-_ Anastasi & Associates, P.A. ---- �-�—_.-.,�: �_..__ ,,,,.r:� --- ' 6120 Oren Avenue j .., .. , r,.��_4�< CN�ST�PN�R F'ii ?=' �"� Stillwater MN 55082 < : =, no�n�Y�'��� > _� „�:,; � (651)439-2951 "• ' ` :,�.•.�,:.,!__-��..a � j' J.-;; - __� , CF °'�'�`' � - - - _ ;�,�,.-.,-..- � - - 03�'`3 � 7 EXHIBIT "A" LEGAL DESCRIPTION An Easement for Public Sewer purposes 20.00 feet in widTh over and across ihat part of the following described property: Lot 6, Block 1, STRUB'S ADDITION, those portions of the East and West Alley in said Block accruing to it by vacation of said alley and Lots 8, 9, 10, Block 7, STRUB'S ADDITION, and the South Half of the adjoining aliey, vacated, lying between the extensions across it of the Westerly line of Lot 7 and the East line of Lot 10. the centeriine of said easement is described as follows: BEGINNING at the point on the north line of said Lot 6 distant 70.00 feet westerly of the northeast corner of said �ot 6; thence on a assumed bearing of South 00 degrees 20 minutes 53 seconds East along a parallel line distant 10.00 westerly of the easterly line of said Lot 6 a distance of 106.58 feet; thence South 44 degrees 58 minutes 40 seconds West a distance of 34.73; thence South 89 degrees 58 minutes 40 seconds West a distance of 85.99 feet to the westeriy line of said Block 1 and said line there terminating. The side lines of�said easement are to be extended by the full width to terminate. north line of said Lot 6 and the westerly line of said Block 1 _ 2 EASEMENT SK�TCH E�IBIT FO�t: RENOVAT(ON INCORPORATiON. � - ---- - — /--- — ------ -- : , � - ARLING _AVE, --- , _: ;o:oo - N89°56'30"E; 24.58 ---=� � � �� ; \ �� 0 � 0 �� 1^0 , v v o�� ^ � Y ���� 6 ' ��, p0 �� �`t. G ' ;�' � , �<G � ���G �5 .3 �� , k o �� 58958'40"W c�k";���o � ; ---- as_ss --------_ � i, ..._ . ._..�_..__ . :,� o� 'o - :�'� L � � I � � I i� I .� � G �� ��- v �/ �a �� z �� XS � -----210.50 ____N89°SB' 10"W I _ � � � � I I / r I / � I I �iol � I � � � I o I �w M h 0 0 0 0 N I ,o i ,o F ��. �NE COR.I L07 E � � I � o I i �� �I O �N �7I Z Np � °� � x=„_"'I c�i� y - � � = r a -,� o I �u " `� O __ _-- 1 �I ' � a , � ,<, - �1 8 0 I- :--.. � . - S89°5�s'40"W I w � � M T � n n � � ,- � 1 I I I / M � � � i c_ 0 � O I � � � I 1 � ' __1___ � SHERWOOD AVE. -- a 3'9�7 PRO)ECT LOCATION: 31 1 SHERWOOD AVENUE ST. PAUL, MINNESOTA � I •• p 4fl 80 SCALE: 1 INCH = 40 FEEf EASEMENT DESCRIPTIONS SEE SEPARATE SHEET FOR PROPOSED PUBLIC 5 EW ER EAS EM ENT. CERTIFICATION: I hereby certify that this survey, plan or report was prepared by me or under my direa supervision and that I am a duly licensed Land Surveyor underthe Iaws of che Sute of Minnesota. Q��, �./J: L'/�"�l DANIEL L.'�fN Ri ES License. No. 25718 Date 8-2 -03 i902 South GreeleyStreet Suite #3 GWO Building Stillwater, MN 55082 Phone 651275.8969 Fax 651.275.8976 d�T-�5�5@ mdeodusa .net CORNERSTONE LAN� SURVEYING, INC