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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..