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242545 OR161NAL TO CIT CLERK � � 242545 CITY OF ST. PAUL �OENCIL NO. OFFICE OF THE CITY CLERK COUNCIL OLUTION—GENERAL FORM PRESENTED BY COMMISSIONE TF WHEREAS, the City of Saint Paul entered into an Agreement with the Port Authority of the City of Saint Paul for the lease of l�,nd in the Crosby Lake Area pursuant to authorization of the Coun�il , Council File No. 234501 , dated August 3, 1967; and !WHEREAS, the City of Saint Paul is desirous of amending said Leas Agreement eliminating the cancellation provision contained in t e Lease a.nd extending the term of said Lease to April 30, 2000 now, therefore , be it RESOLVED, That the proper City officials are hereby authorized to e ecute a Lease Agreement between the City of Saint Paul and the Port Authority of the City of Saint Paul amending that prior Lease date June 21 , 1967. A copy of said amended Lease is attached here o and incorporated herein by reference. ' F M aP vE� Corporatian Counsei , �AIR 1 1 1969 COUN ILMEN Adopted by the Council 19— Yeas Nays Car on � 1 � 19�9 Dal lish Approve 19_ Mer�dith � Tn Favor Pet�rson ' Spr�fk� � Mayor Ted�sco ASainst Mr. Preside�pt, Byrne �'UBLISHES MAR 7. 5 196� �� DUTLICATE TO PRIN R � � • ('������ CITY OF ST. PAUL '`' FILE NCIL NO. OFFICE OF THE CITY CLERK , COUNCIL RESOLUTION—GENERAL FORM PRESENTED BY COMMISSIONE DAT�- G�i�����, t�ie �it,y a:!' ,'�aira� :�aul enteree� into t�x� ��;reeanerat with th , Yort Authori�y o� t��� �:ity o� S�int Yaul f'or the le�.se °:� 1�nd an the Cr�sby La�ke Area pur�ua,nt to authorization of tb.e Council Counci�. �ile �.?o. 231�501 ' cl�ted .Au��.st �, 1�67; �.�d �'�.-►�.�i;��A;�, txze City o� ��.int P�ul is desirous o�' �,mending s�,id Leaae k�reemer�t e1i��i�.ati�.g �.h� canceJla�ior,. prov�3sion. conta�.ned in the case a.�i�. extendin� �3he -�erm a:� s�id Le��e to Apri� �0, �(�U08 �a. w, tfier4#"ore, �e i� �''.��;.`�-3A;V°"';�-¢, ���t:�t tf,e ?�r�,oer C;i�t;� r�i':�ici�I� �r� �;�re�y aut;i�orized to exece te �, L$a,.�e A_greerlae�t bettaeera the City ot° ��.i�� P�?,�.1 anci ti�e Yort At�xxzority o:[' ��C�� �City ai' Sain�t i'�u1 ame�edin�; ��ta� �.,�°ic�r Lease dated June 2i , 1y67. A cor�y of ��,ici a�nended L�ase is �.tta.cY�ed �?eret� n�l ia�cQrg�ox•�cte� herei� by re�ersnee. , . �� 1�41�4`� .', F��y��:k COUNCIL Adopted by the Council 19_ �'eas Nays Carlson � �g',Y=,,. Dalglish —� Approved 19_ Meredith i f Peterson --=�n Favor Sprafku '� �% Mayor Tedesco A gainst :r. President, Byrne ' O � a ' , . L L A S E TIiIS LEASE, Made and execu�;ed this -��� day of , 1969, by and betweeri PORT AUTHORITY OF THE CITY OF SAINT PAUL, a public corporation organizecl and e�isti�g under the provisions of Minnesota Statutes , Chapter 458, hereinafter called ."Lessor" , and the CITY OF SAINT PAUL, a municipal corporation of the State of riinnesota, hereinafter called "Lessee" , WITNESSETH: _ Lessor, in consideration of the sum of One Dollar (�1 .00� and ther good and valuable consideration to it in hand paid by Less e , the receipt and sufficiency of which are hereby acknowl= edge , does hereby lease , demise and let unto Lessee that certain trac of land situated in the County of Ramsey, State of Minnesota, as s own on Exhibit A attached hereto and legally described as foll ws (in case of any discrepancy between the legal description and xhibit A, the legal description shall control ) : Except for the riparian rights connected with and appurtenant ther. eto , all or part of Government Lots 3. and 4 in Section 14, T28N, R23W; the SE 1�4 of Section 15 , T28N, R23W; Government Lots 1 , 2 , 3, 4 and the North 1�2 of the NE 1�4 of Section 22 , T28N, - R23W; Government Lot 1 in Section 23, T28N, R23W; all lying southerly of Shepard Road right of way and westerly of the following three described lines : Line l . From a point on the south line of said section 14, distant 1793. 65 feet east of the southwest corner thereof, run . southeasterly at an angle of 56°32 ' with . said south section line for 400 feet; thence deflect to the west at an angle • of 90° for 107 feet , to the point •of beginning of the line to �be described; thence deflect to the right at an angle of 90° from last described course for 24g . 74 feet; thence defle•ct• to the left at an angle of g0° for 25 .0 feet, thence deflect to the right at an angle of 90° for 500.00; thence deflect to the left . at an angle 'of 52°25 ' S2" for 164.01 feet ; thence deflect to the right at an angle of 52°25 ' S2" for 253.07. feet; thence deflect to the right along a 1°-11 ' 10" � curve (delta angle 31°31 ' S9") for 2658 . 34 feet and there terminating. , . t . . . . � Line 2.. From a point on the east and west w line of sai� section 14, distant 658.,89 feet east of the west µ corner thereof; run I southeasterly at an angle of 92°43t with said east and west u line for 466.29 feet; thence deflect to the left at an angl� of 16°S1t24" for 69.�0 feet; thence deflect • to the right at an angle of 85°43t08" for 83.61 feet; thence deflect to` the left at an angle of 20°30t for 121.22 feet; thence I defle�ct to the left at an angle of 82°06'S0" for 100.00 feet; thence deflect to the right at an angle of 90° for 200.0 feet; � II thence deflect to the left at an angle of 90° for 29.48 feet to the point of beginning; . thence deflect to the right on a 3°21f03'T curve (delta angle 8�50�24't) for 263.81 feet; thence on tangent to said eurve for 500 feet and there terminating. ine 3. Commencing at a point 1322.63 feet east oi' the west line of Government Lot 3 and 4 section 1�-, T28N, R23W, and 21.57 feet north of the south line of said Government Lot 3; thence N 66°25'W for 800 feet; thence deflect � to the left at an angle of 90° for 30.00 feet to the point of beginning of the line to be - � described; thence deflect to the right at an angle o£ 90� from the last described I course for 243.82 feet and there terminating. xcept that part of Government Lot 3 and 4 section 14, 28N, R23W, bounded on the west by the west line of said ection 14; on the south by a line parallel with and is-�ant 450 feet south of the north line of said Government ofi 4, section 14, bounded on the easfi by a line parallel o and 450 feet east of the west line of said section 14; nd bounded on the north by Shepard Road, and, �xcept that par� of Government Lot 1 section 22, T28N, I�ange 23W, described as follows: I • I Commencing at the Northeast corner of Section 21, T2'8N, R23W, thence South along the East line of � said Section 21, a distance of 2829.30 feet to II the point of beginning, which �point is the begin- ning of the land exception to be described; thence South 18°-SOf East a distance .of. 1180 feet, more • or less, to the intersection with the Northerly shorela.ne of the Ma.ssissippi River; thence West- erly along the Norther].y shoreline of the Mississippi • River to the intersection with the East line of Section 21, T28N, R23W; thence North along the East line of said Section 21 to the point of begin- . ning, all in Ramsey County, Minnesotaa . 2. � . � . � Lessee to have and to liold �;lie saine for a term com►�iencing on tt e day of , 1g69, and encling on the 30th day of April , 2000, subject to the terms and for tlie purposes set orth herein. Lessee shall have the right to use the Den�ised Premises for park recreational , and educational purposes and for these purposes Less e may improve , develop , control , operate and maint�in the Demi ed Premises . Lessee may, subject to wri�Lten app"rova�l of Lessor, sublease all r any part of the Demised Prem�ises to other organizations or gove nmental agencies for aiiy of the purposes authorized herein, prov cled hoi,rever, that any such sublease shall be suUject to . revo ation at any time that the Demised Premises are used for any purp se inconsistent with the purposes authorized herein. Lessee shall indemnify and save harmless the Lessor, its - � succ ssors and assigns , from any and all liability, cost and expe se on account of injury to property or injury to or death of any erson which may be caused or occasioned in any manner by reas n of Lessee ' s or its sublessee ' s use and occupancy of the Demi ed Premises. This Lease Agreement shall extend and bind the Lessor and Less e and their respective successors and assigns and shall not be subj et to cancellation except in the event that said Demised Prem ses are used for a purpose inconsistent with the purposes auth rized herein. In which event Lessor shall give Lessee notice in w iting of such violation and allow sixty (60) days in which to c rrect such violation. In the event the Lessee continues to use aid Premises for a purpose inconsistent with what is author- ized herein, said Lease shall automatically terminate at the end of t e sixty-day period. . 3. � This Lease Agreement shall in all respects supersede that cert in Lease Agreement dated June 21 , 1g6�, between the Port Auth rity of the City of Saint Yaul and the City of Saint Paul . IN WITNESS WHEREOF, the parties liave caused this Lease Agre ment to be executed as of the day and year first above written. PORT AU ITY OF TH� C In t e Presence of: OF SA T AUL � V �;,� By - . P ident ; �.��..����� � ana f: e etary In t e Presence of: CITY OF SAINT PAUL By Thomas R. Byrne , Mayor - Countersigned; Joseph Mitchell , Comptroller . ATTEST: � Harry Marshall , City Clerk APPR �D t. Corporation Couns�l � • , 4. . ' j � • . STAT � OF MINNESOTA ss. COUN Y� OF RAMSEY On this � day of , 196g , before me a Nota y Public , within and for said Cou �y, personally appeared Rich rd C . Radman, Jr. , and Gerald J. Isaacs , to me personally know , who being each by me duly stvorn did say that they are resp ctively the President and the Secretary of the PORT AUTHORITY • OF TIE CITY OF SAINT YAUL, the corporation named in the foregoing inst urnent , and tha-t the seal affixed to said instrumen� is the corp rate seal of saicl corporation, and that said instrument was sign d and sealed in behalf of said corporation by authority of its oard of Commissioners and said Richard C. Radman, Jr. , and Gera d J. Isaacs ackno��Tledged said instrumerit to be the free act and eed of said corporation. ��� � �� �, Notary Public , Ramsey Couni;y, Minn. � My commission expires MAR7A K. S!EGcLL, Notary Public, Ramsey Ceunty, Minn. My Commission Expires lune 2, 1970 STAT OF MINNESOTA _ ' ss . COUN Y OF RAMSEY On this �day of , 1969, before me a Nota y Public within and for said County, personally appeared Thom s R. Byrne , Harry Marshall and Joseph Mitchell , to me person- ally known, who , being each by me duly �worn, did say that they are � resp ctively the Mayor, the City Clerk and the City Comptroller of _ the ity of Saint Paul , Minnesota, named in the foregoing instrument , , and hat the seal affixed to said instrument i� the seal of the City � of S int Paul , and that said instrument was signed and sealed in beha f of said City of Saint Paul by authority granted pursuant to form 1 resolution of the Council of the City of Saint Paul ; Council File No . , passed and approved the day of 1969, and the said Mayor, City Clerk and City Comptroller acknoiJl- edge said instrument to be the act and d�eed of said City of Saint Paul , pursuant to said resolution. Notary Public , Ramsey County, Minn. My commission expires � . 5 .