245140 . ORI6INAL TO CITY CLBRK '`/4�1�0
CITY OF ST. PAUL FOENCIL N0. �
,� OFFICE OF THE CIT� CLERK
� C NCIL� LU 10 — ENERAL FORM
PRESENTED BY
COMMISSIONE °�� DATF
RESOLVED, That the proper City officers are hereby authorized
and directed to execute, on behalf of the City of Saint Paul,
easement agreement between the Soo Lin'e Railroad Compan.y and the
. City, pertaining to the construct.ion by the Gity of its Troutbirook—
Case Avenue Relief Sewer System, as; more particularly described in
said agreement, a copy of which is attached hereto and incorporated
by reference; and be it
FURTHER RESOLVED, That the said easement agreement is hereby
directed to be recorded in the office of tlie Register of Deeds in
and for Ramsey County, Minnesota.
FORM PPROV �
s Corpor ti, n C u el
O �
COUNCILMEN Adopted by the Councii A� 6 196919_
Yeas Nays �
Carlson ��G 61969
�.,,�,:..�, pprove 19—_
Meredith �� �
�sn Favor
.-�-��e�se�--
Sprafka ;� �atlll� Mayor
Tedesco A Sainst
:'�'�: 1�;;��',���,'°�,`�.°�; • PUBLE�Ii� AUG � ��
Mr. Vice President v//���
�
�
DUPLICATB TO PRINTER C'TM OF ST. PAUL COUNCIL �O. 245140
FILE
OFFICE OF THE CITY CLERK
COUNCIL RESOLUTION-GENERAL FORM
PRESENTED BY AT
COMMISSIONE
iZ�:,�i3��..�1�:.:':i.r' rna�il� "�g1� }�g'O�vT' '�1�� O�I�.C�a"�; Li:�v ;'2t'.l'�iJ;y �L1�1.lOT1ZEC1
a��c; �i��ct�:,�s: `�c� �:,�����=i�te:y oa�. �:,c����1�' o:C tTzv ::i�y o:f' �a�.��t i'au3.,
�;�se°:�e3:t a�a��< t��:�g�� �;���t��,�:��z 1:ixe-; �GO �,i�z�. ;�ailr�a� Coz���.s�y an� the
+;;i�Y, �aert�.�inaxa�; �a t�:ie coass� ;,ructio�: by �tlie Cit� o� �.ts `�'�o�ti�a ool�–
Case �venu� a�uli�f .`��w�:� w�ste�, as �nore p�.rticula.rly �Iesc�ibeii i�x
saic� ae:�c:c::�ent, ex eo��y oy g�l�sic;:� �.� attac'n.ec? ilez ct.o an� :€neor�porated
-�,y :rei�.eYie�; <zriiz l�e; :i��
� j��.,` ' :K:: t �.;;�,�tad`-�ij, "'���� t��e sai� eas��ezz.t �xg��e�eia� i:� Ia�;�eby
,�-��r.c-�,;,� �;0 2�e :.�•ecvra�.e�. �n the o�ffice o:� t��� �tegi:�ter. o� .Jeec�s in
a_�c:; �o:� :?:��::�cy :;ot��.:.�5-, �ixns�e�so u�.
�� � ����
Adopted by the Councii 19—
COUNCILMEN
Yeas Nays ;�° ��.; - ''.;�
Carlaon APProve� _19--_
.�lgl�s�t-----
Meredith _ J Tn Favor
pP+P�n' Mayor
C.�
Sprafka _�gainst
Tedesco
� �res�dent,"Byrn�.q_,.....
.'idi�.�vicL k'reuids:,ut
�
.. .. ' . •• •.
24�1 :
- �f�
EASEMENT AGREEMENT
THIS AGREEMENT, made and entered into this
day of , 196g, by and between the Soo
Line Railroad Company, a Minnesota corporation, hereinafter
referred to as "Railroad" , and the City of Saint Paul , a
municipal corporation under the laws of the State of
Minnesota, hereinafter referred to as "City" .
WITNESSETH:
WHEftEAS, The City proposes to construct the Troutbrook-
Case Avenue Relief Sewer System (Contract Na. 68-S-1274-A) , a
portion of which is to be constructed on railroad property;
and
WHEREAS, The Railroad agrees to convey permanent and
temporary sewer easements to the City for the purpose of con-
structing, operating and maintaining its sewer system; and
WHEREAS, The Railroad agrees to remove and replace its
tracks so as to facilitate the City' s construction of its
sewer, and the City agrees to reimburse the Railroad its
expenses incurred therein;
NOW, THEREFORE, in consideration of the premises and
the mutual dependent promises of the parties hereto, it is
agreed as follows:
1. The Soo Line Railroad Company, in consideration
of the mutual covenants expressed herein, does hereby grant ,
bargain, quit claim and convey unto the City of Saint Paul,
its successors and assigns forever, a permanent easement for
the purpose of constructing and maintaining a public sewer
__.
�
,:. . _ ,.:
on, under, across and through a strip of land twenty (20)
feet in width in Lot A, Soo Line Plat Number 5, according
to the plat on file and of record in the office of the
Register of Deeds in and for Ramsey County, State of
Minnesota, the center line of said twenty (20) foot wide
strip of land being described as follows :
Beginning at a point which is located at
a bearing of North 89° 32' West a distance
' of 214 feet Westerly from the Northwest
corner of the NE 1/4 of the SE 1/4 of
Section 30, Township 29 North, Range
22 West, Ramsey County, Minnesota, said
bearing being the same as the center
�,,line of said Section 30; thence at a
bearing of North 08° 6' West a distance
of 221. 92 feet ; thence on a bearing of
North 8g° 32' West a distance of 150 •
feet more or less to a point of inter-
section with the existing 16 foot per-
manent sewer easement on Soo Line right
of way granted on July 20, 190� , and
there terminating; said strip is shown.
outlined in red on the attached print
marked "Exhibit A" .
Also, a temporary easement for construction purposes on strips
of land twenty (20) feet in width on each side of and itnme-
diately adjacent to the permanent sewer easement described
above, said temporary easements to commence on June 1 , 196g,
and shall expire on December 31, 1970.
2. The City shall construct its Troutbrook-Case Avenue
ftelief Sewer System over the railroad property and within the
easements conveyed above in accordance with the plans and
specifications which have been prepared by the City and
approved by the Railroad, being Contract No. 68-S-1274-A,
a copy of which is filed in the Office of the Chief Engineer,
Department of Public Works , City of Saint Paul, and a copy_
. � � . -4.,�l.'.- � . . . .. .. . . ,����....
of which has been delivered to the Railroad: Before any
work is started on the Soo Line Railroad Company' s right-of-way,
-2-
....�_ ._
. . ... . . . . r,.. _
�l
. kr . , .
and under the tracks thereo�., the City' s contractor shall
furnish to the R.ailroad, a Railroad protective Liability
Insurance Policy taken out in the name of and approved by
the Soo Line Railroad Company with limits of:
Coverage "A" Bodily Injury Liability - ,
�250, 000 each person, �500, 000 each occurrence
Coverage "B" Property Damage and Coverage "C"
Physical Damage to Property
�250,000 each occurrence, �500,000 aggregate;
The policy should be in the standard form and show the
address of the Railroad Company as Minneapolis , Minnesota,
and provide that the policy will not be materially changed
or cancelled without ten days ' written notice to the Railroad
Company. ' �
3. The Railroad, in accordance with the City' s plans
and specifications referred to above, shall remove and replace
five (5) tracks so as to permit the City to install its
sewer beneath the tracks by open trench method, all at the
expense of the City and in an amount estimated to be One
Thousand Three Hundred Forty-Two Dollars (�1 , 342. 00) . Upon
completion of the work by the Railroad, it shall submit an
itemized bill thereof to the City and addressed to the
Commissioner of Public Works . After approval of said bill
and within thirty (30) days of receipt thereof, the City
shall transmit its payment to the Railroad.
IN TESTIMONY WHEREOF, Railroad and City have caused
these presents to be executed by their proper officers
thereunto duly authoriaed and their corporate�•-�S`eals t'd be
� hereur�to affixed the day, ��n#Y! aazd year ,�i,�st,�a�,.oye:,���.t�en.
� ��, �.�_, �:, . �': .,. .� y�. . . ,.{.,
` I�i�e���nce •Of:. 500 LINE. RAILR,OAD COMPANY
By -�:�� .
Its �t�. �►�E P_RESIDEAII
/ ,
(��"!�� � `�f��L.lG� f
I t s Assista�t Secretary,
(SEAL) -3-
-.__ .. _ _ __.
___ .
,� ,
� t
, J . � ..... ... 1
5TATE OF MINNESOTA )
COUNTY OF Hennepin � s s.
On this ���0'� day of �U � y , 1969, before me,
a notary public within and for said County, personally.
appeared J. D. Bond and
�oR15 R�.���/ , to me personally kriown,
who, being each by me duly sworn, did say that they are
respectively the Executive Vice President and
Assist,ant $ecre�a� of the corporation named in
the foregoing instrument, and' that the seal affixed to said
instrument is the corporate seal of said corporation, and
that said instrument was signed and sealed in behalf of said
corporation by authority of its Board of Directors and said
J. D. Bond and �o R! S L , �,�}4 L �y
acknowledged said instrument to be the free act and deed of
said corporation. �
< �Q��stll�r�c.. LG?'U�2%G1�1.
EDWIN G. WATTS er�nepin
iVotary Public, Hennepin Gounty„Min�, Notary Pub11C� � CO. � Minn.
My Comwsion Expires Oct.10,19�$.
My commission expires oc�2o,i9��.
In Presence Of: CITY OF SAINT PAUL •
By
Mayor
Commissioner of
Public Works
Approve as to f r City Clerk
Countersigned:
Assi nt Cor� r ti ounsel
City Comptroller
Approved as to form and
execution this day
of , 1969.
Assistant Corporation Counsel
_ : . _ (SEAL) �
—4—
. . .......... . .. . _..._ . . .. .. . T....._....�,
_ �
. . � . .. . . .. ....-.._ .. � .....,. .....�_ , -..........o-�.:,..,�,..� . . � . ._
� .. � .. .. . . .. . . . . . . . .. :. . . . ... .. .. . . . . v�•Rqe.,.
. . ►��..... t
5TATE OF MINNESOTA � ss.
COUNTY OF RAMSEY )
On this day of , 196g, before
me, a notary public within and for said County, personally
appeared Thomas R. Byrne, Robert F. Peterson, Harry E.
Marshall and Joseph J. Mitchell , to me personally known,
who, being each by me duly sworn, did say that they are
respectively the Mayor, Commissioner of Public Works ,
City Clerk- and City Comptroller of the City of 5aint Paul ,
Minnesota, named in the foregoing in.strument , and that
the seal affixed to said instrument is the seal of the City
of Saint Paul , and that said instrument was signed and
sealed in behalf of said City of Saint Paul by authority
granted pursuant to formal resolution of the C,oun.cil of
the City of Saint Paul , Council File No. ,
passed and approved the day of ,
196g, and the said Mayor, Commissioner of Public Works ,
City Clerk and City Comptroller acknowledged said
instrument to be the act and deed of said City of Saint
Paul , pursuant to said resolution.
� Notary Public, Ramsey Co. , Minn.
My commission expires
.�.»- . , . �f'+ -
- 5-
._._ _ . _ __ _ ,�,_ �
. � � l
. . �...;�. . --
. ..� �,�,.
°lTY op PAUL J. KELLY
An�121612 �c�' m.,� THOMAS J.STEARNS
a ' ' JON R. DUCKSTI�D
, . r ?d -'°'+�° _� ARTHUR M. NELSON
°'m � ° n° JEROME J.SEGAL
THOMAS M. MOONEY
ROBERT E.O'CONNELL KENNETH J. FITZP1ITRICK
Fint Assistant CITY OF SAINT PAUL PAUL F. McCLOSKEY,JR.
JOSEPH E.CARTWRIGHT
DANIEL A.KLAS R.SCOTT DAVIES
Svecial Aui�a� LEGAL DEPARTMENT PIERRE N. REGNIER
316 C1ty Hall. St. Paei, Minoetota 5b102
JOSEPH P. SUMMERS
Corporatlon Couasd
245I40 August 5, 1969
Mr. Roy E. Bredalhl , Jr.
Assistant Valuation Engineer
286 City Hall
Dear Mr. Bredalhl:
Enclosed please find an original and three copies of easement
agreement between the Soo Line Railroad Company and the Case Avenue
Relief Sewer System, together with a resolution authorizing execution
of the same on behalf of the City. Upon adoption of the resolution,
the agreement may be executed.
If you have any questions, please call me.
Very t ly yours,
Jerom J. S gal
Assis- ant orporation Counsel
JJS: fms
Encls.
,�-
.
,
it {�� �. � t�;�i
i:.' t •°�- � .
.. � .'F3� . t - . .. �,.�.1 �jj�,y7; .
.. . _ . , . . � . . r.!_ � . ' . � _ ... �_ . . h �+.(_.. . . n '�3�iYV.as,..:a17�i��e�.1..