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04-72Return copy to: Real Estate Division 140 City Hall RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To � �Z Committee: Date BE IT RESOLVED, that the City of Saint Paui hereby accepts, on behalf of its Department of Pubiic Warks, the dedication of a twenty foot wide easement far sewer purposes on, over, under and across Block i, Strub's Addition, that the proper City officials are hereby authorized and directed to file the said dedication of easement with Ramsey County. eas Requested by Department of: Technoloev & Management Services �u� � �[�C� By: ��,(�� 00 ��irector �00 Form Approved by City Attorney F Adopted by Council: Date � Adoption C by Council By: --��1�Yrrir�e f�l-`l—�/�y Date J � � �� IC / � � • • .. . _. � . • �isss : � Council File # ��?, Green Sheet # a �5 � �'CO � /�L'S �, ��/J1�i�J1� C � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Shee�� DepartmenUOfflce/council: Date Initiated: I TE - TechnologyandManagementServ � 07-JAN-04 � Green Sheet NO: 205786 � � Contact Person & Phone: � � Deoarhnent SeM To Person InitiaUDate � Peter Whde/Ead �son � 0 iTechnolow and Management S I 6$850 p�� 1 iNAttornev � MeehanRilev e/n t � Q� � Must Be Council Agenda by (Date): Number Z i echnoioev and Mana¢ement S� Deoar[ment Director L� 1 11�y � 1 For Q Routing 3 avor's O�ce MavoNAssistaot Order 4 ,Council i I � 5 iri Clerk � CiN Ckrk l ToWI # of Signature Pages, (Clip All Locatlons for Signature) Action Requested: To accept the dedicafion of a sewer easement across Block I, Shub's Addition. Recommendations: Approve (A) or Reject (R): Personal Service Contracts OAust Answer the Following Questions: Planning Commission 1. Has this person/firm ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this perso�rm ever been a city employee? , Yes No 3. Does this person/firm possess a skifl not normatfy possessed by any current city employee? Yes No 6cplain ali yes answers on�separaie sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): The easement will be required to service propoed improvements. Advantages If Approved: Improvements will have sewer service JFiN Q g 2UU4 Disadvantaqes If Approved: None Disadvantages If Not Approved: Improvements will not have sewer service. Total Amount of Trensaction: � Cost/Revenue Budgeted: Fundinn Source: N/A Activiri Number: N/A Financial Information: (F�cplain) py''1Z � � DEDICATION OF EASEMENT FOR SEWER PURPOSES The undersigned, Renovation Inc., a�•lblirine�`ata corporation, Grantor, for good and valuakale - consideration, to it in hand paid+and the receipt of which is hereby aclaiowledged, �oes hereby grant, bargain, sell and convey to the City of Saint Paul,'a municipal co3poratron of the State of Minnesota ("City"), its successors, and, assigns,�as Grantee, a permanent easement for sewer purposes on, over, under and across tY�e fo'1I'owing tract of land being in the County of Ramsey, State of Minnesota, described as follows: See Exhibits "A" and "B" attached hereto and made a part hereo£ Said pub:ic sewer easement shall be subjecf'to the following conditions: a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any other objects which may prohibit normal access to utility facilities for maintenance puiposes will be permitted within tlie easement area. b. Improvements in or upon the aboue..de`scribed easement that do not prohibit the City from exercising its reserved rights may lie 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. a 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 existing grade within the easement area shall be permitted without written pertnission from the Department of Public Works Sewer Division. e. No change in surfacing ��ithin the easement area shall be permitted without written permission from the Department of Public Works Sewer Division. p+�-�ti f. The Grantor, its successors and assigns shall fully indemnify, defend, and save harmless 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 warrant 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 bindin� to the fullest extent of the law and equity for the benefit of the public. Tt is further 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. Reuovation Inc. (a Minnesota corporation) STATE OF MINNESOTA COUNTY OF RAMSEY ss By: � /-��..zJ�� Wallace D. Nelson, 7r. Its: Vice President The foregoing was acknowledged before me this J� of September, 2003, by Wallace A. Nelson, Jr., the Vice President of Renovation Inc., a Minnesota corporation, on behalf of the corporation. , � ---�.. Notary —z THIS INSTRUMENT WAS DRAFTED BY: Anastasi & Associates, P.A. --- 6120 Oren Avenue Stillwater, MN 55082 (651)439-2951 CF _ _'°____:.,:_._�_..n„� _.- - •'; CtiRIST�PHER F�F==.�:\ < �``.`y,.� NG(A;YPU'UC-Ai4�4:;_5'3fA ) �'�i.;� F :.IYi::.. �,:..�Y J�_5 i �:�`� _._., _ _ -_ O`1-'t2 ExxlszT «a LEGAL DESCRIPTION An Easement for Pubfic Sewer purposes 20.00 feet in width over and across that part of the following described property: Lot 6, Block 7, 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 1, STRUB'S ADDITION, and the South Half of the adjoining alley, 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 distani 10.00 feet westerly of the northeast corner of sa+d Lot 6; thence on a assumed bearing of South 00 degrees 20 minutes 53 seconds East along a parallef 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 westerly line of said Block 1 and said line there terminating. The side lines o}said easement are to be extended by the full width to terminate.�e�the north line of said Lot 6 and the westerly line of said Block 1. � py-�2 EAS EM ENT SKE.TCH EXHIBIT «B�� FOR: RENOVATION INCORPORATION. � ---- — -/ ---- - -- - - - -. . � / , �� ARLI NGT�N _AVE. N89°56'30"E; 24.58 ---=� � ,o � � � G� � m� � v�� ,��;• 5�� 6 �� 0. �`� 0 0 �� ' �' �� . /� i .� r ___ v , : ; J 5� �� G �� . k � � � S89 58'40"W ; _-_- as_ss "� ........._., :.,_..__ o � � � I I ,A I �� q � �G`� „ �" I �% P G ��, z �� X� �u ro � 0 �w . � O 0 0 � � ,o I,o F� � . '-NE COR I LOT E � `° '�, � � o '1 I � � o �� 1I z Np M � XSAhI � y • O r � _ A _� w ��a, '�-o � � � �I � I u� � � Q � Q,%— —I�. _ >0� 1�-r — � 5�` ��'� � � � _ � �of I _ � � � t � I I �, �� I � I � I _ � .-_'.� �.�-.._ '_ �`18.8 0 S89°5�'40"tiV { W � �M �`� �� . ,; o � � I � : � o � i c_ � � � � . ) 1 � •` ---�---- -----210.50 -- _____N89°SB' 1 D"W - ------,� . --- - ---- - -- - SHERW40D AVE. �---- PROJECT LOCATION: 31 1 SHERWOOD AVENUE ST. PAUL, MINIVESOTA NORTH 0 40 $0 SCALE: 1 INCH = 40 FEET EASEMEN7 DESCRIPTIONS SEESEPARA7ESHEEf FOR PROPOSED PUBLIC SEVJER EASEMENl". CERTIFICATION: 1 hereby certify tha[ this survey, pian or repott was prepared by me or under my direct svpervision and that I am a duly licensed Land Surveyor under the lawz of the Siate of Minnesota. o-. +.i. . u DANIEL L Ri 1E5 Date $-2 -03 License. No. 25718 1902 South Greeley Street Suite #3 GWO Building Sliflwatet, MN 55D82 Phone 651275.8969 Fax 651.275.8976 dlt-csls@ mdeodusa .net CORNERSTONE LAN� SURVEYING, INC