239809 >
. .; -. i 239�09
OR161NA�Tf`�CITY CLERK
-� CITY OF ST. PAUL FOENCIL NO.
- ��„� OFFICE OF THE CITY CLERK
COU IL O UTI N—�- ENERAL FORM
PRESENTED BY
COMMISSIONE I � DATF
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� � RESOLVED, That the Coun.cil of the City� of Saint Paul has
hereby authorized the acceptance on behalf of the City of Saint
Paul of right-of-way easement conveyed by the State of Minne-
sota by and through its Commissioner of Convervation to the
City of Saint Paul, said �righ�-of-way easement being for a -
portion of Warner Road which traverses property used for the
State Fish Hatcheries; the description of said easement being
more fully described in said right-of-way easement, a copy of
whi�ch is attached hereto;
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f RESOLVED FURTHER that the right-of-way easement, be placed
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on '`record in the office of the Register of Deeds in and for
Ramsey County.
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COUNCILMEN Adopted by the Council 19—
Yeas � Nays �G Y � 196�
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'Dalglish Approved 19—_
' �1Vleredith `" Tn Favor
p� , � �
I /1 �#��y Mayor
�Sprafka v
A gainst
�edesco
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- �.�,s�,�.�:..�
�'v� Pr� � �r.:�:Y=:r PU6LISW�� AUG 17 1968
a,rt �rqterson)
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-��;�;n.��R,� 2�9�09
,. ,� CITY OF ST. PAUL couNCi�
. OFFICE OF THE CITY CLERK F��E NO
` - ,` / COUNCIL RESOLUTION—GENERAL FORM
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PRESENTED dY
" ' CaMMI5510NER DATF
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RESOLV�D, That the Council o� the City of Saint Paul has
hereby authorized the aceeptance on behalf o� the City o� Saint
Paul o� right—of—way ease�uenz conveyed by the St�6te o� Min.ne—
sota by a.nd through its Commissioner of Converv�,tion to the
City of Saint Paul, said right—of—way easement being for a
portion o� jTarner Road which traverses property used for the
State Fish Hateheries; the description o� said easement being
moro fully described in said right—of—way easement, a copy of
whiczh is attaehed hereto;
ItE�OLUED �'URTHER that the right—of—way e�sem�nt be placed
on record in the o�Yice of the 1Zegister o� Deeds in and for
Ramsey County.
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COUNCILMEN Adopted by the Co�4� 1 � 196� 19—
Yeas - Nays
��- AtlG i 3 1968
Dalglish Approverl 19—
Meredith Tn Favor
�rsaa-
Sprafka Mayor
Tedesco A gainst
�:�?'� 1.`°�i�nt��i�". -��
Jl�.�ic�grrid,wt �wl
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� ,' Ana Cod�'612 `8�ITY °P� P/1UL J. KELLY
7l3-6121�� �.` yi THOMAS J.STEARNS
+ ! o � ..-... � JON R. DUCKSTAD
� � '��3' � ARTHUR M. NELSON
ds �M nc JEROME J.SEGAL
� THOMAS M. MOONEY
ROBERT E.O'CONNELL JAMES W. KENNEY
Flrtt Asttttanl CI� OF SAINT PAUL' KENNETH J. FITZPATRICK
� GERALD H. SWANSON
DANIEL A. KLAS PAUL F. McCLOSKEY,JR.
Sp�cial Assistant LEGAL DEPARTMENT LOUIS E.TORINUS
: �� 316 City Hall, St. Paal. Miooesota SS102 �
JOSEPH P. SUMMERS � �j�J
Corporaflon Counssl �lUgUSf, 5� i968 R �`�'1.��
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, �_ � G �
M�.� William J. Donovan
Valuation Engineer
Fina�ce Department
Att�elntion: Roy E. Bredahl, Jr.
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RE:� Right-of-way easement , Warn.er Road
Dear� Sir:
Attached please find resolution authorizing acceptance on
behalf of the City of the conveyance of the above referred
rigit-of-way easement.
Please have the resolution presented to and adopted by the
City� Council and I will place of record the grant of easement.
Yours very truly
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, Je ome J. Se 1
JJS: sas •
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Enclosures
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� '' RIGHT-OF-WAY EASEMENT '
' +� THIS INDENTURE, Made this �; . day of �,� , 196$,
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between the STATE OF MINNESOTA, by and through its •Comm ssioner of
Conslrvation, hereinafter called the Grantor, and the CITY OF SAINT
PAUL,I a municipal corporation .under the laws of the State of
Minnisota, hereinafter called the Grantee, _
WITNESSETH, Whereas the Grantee has applied to the Grantor
� for the grant of an, easement and right-of-way for road purposes
over �certain lands owned by the State of Minnesota, situate in the
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County of Ramsey, and administered by the Department of Conservation.
NOW, THEREFORE, Grantor, pursuant to the authority of
Chapter 21, Extra Session Laws of 1967, and for valuable consideration
does hereby grant and convey unto Grantee and its assigns� an easement
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and �ight-of-way for road purposes Permanent , over and across �
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the following described lands in the County of Ramsey, State of
Minn�sota, as hereinafter more particularly described:
A strip of land 61� feet in width across that part of the Northeast
Quarter of the Northeast Quarter (NE� NE�) of Section Four (4) ,
Township Twenty-eight (2$) North, Range Twenty-two (22) West, owned
by tiie State of Minnesota, the center line of which is a line drawn
from� a point on the south line of the Northeast Ouarter of the
Northeast Quarter of said Section 1�, 1169.6 feet west of the southeast
corner of the Northeast Quarter of the Northeast Quarter of said
Section 4 to a point on the east line of said Section 1�, 1�65.3 feet
north of the southeast corner of the Northeast Quarter of the
Northeast Quarter of said Section 1�.
Alsola strip of land 33 feet in Fridth across that part of the North-
east Quarter of the Northeast Quarter of Section 4, Township 2$ North,
Range 22 West, owned by the State of Minnesota, lying immediately
adjacent to and southeasterly of the southeasterly line of the 64-foot
strip described above .
. Also a tract of land in that part of the Northwest Quarter of the
Northwest Quarter (NW� N4��.) of Section Three (3) , Township Twenty-
eight (2$) North, Range Twenty-two (22) West, owned by the State of
Minnesota, extending from the west line of said Section 3 to the
northerly boundary of the State of N�innesota property which is a line
commencing at a point on the west line of said Section 3� 301�.$4 feet
south of the northwest corner of said Section 3, said property line
to be produced southeasterly from the above described point at an �
angle of 1�2°2$t with the west line of said Section 3 a distance of
5$9.4$ feet, thence southeasterly to the left at an angle of 29°2pr
to the southerly boundary of the tract to be described, the said
southerly boundar y commencing on the west line of said Section 3 as a
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produ�ation for 380. 23 feet northeasterly of the southerly
boun�ary of the previously described additional 33-foot strip
to th'e 64-foot-wide strip of land in Section 4�; thence north-
easterly on the arc of a circle to ' the right of 2291.83-foot
radius, central angle of 11°40� ; to the above described northerly
boundary of the State of Minnesota property.
The lortherly boundary of the tract to be described in said
Section 3 commences on the west line of said Section 3 as a
production for 257•13 feet northeasterly of the northerly boundary
of tYie previously described 64-foot-wide strip of land in Section 4;
thence northeasterly on the arc of a circle to the right of 1933•86-
foot �radius, central angle of 6°40� ; thence northeasterly on a .
tangent to the last described arc, to the above described northerly
_ boundary of the State of Minnesota property. .
Also �a. strip of land 36 feet in width across thosel arts of the
Northeast Quarter of the Northeast Quarter (NE� NE�� and the
Southeast Quarter of the Northeast Quarter (SE4 NE4 ) of Section -
Four (�) , Township . Twenty-eight (28) North, Flange Twenty-two (22)
West, owned by the State of Minnesota, the center line of which
commences on the southerly boundary of the previously described
64-foot-strip of land in Section 4 at a point 495.4 feet southwesterly
fromlthe east line of said Section 4 as measured along the southerly
boundary of the said 64�-foot-strip and is produced southeasterly
from the above described point at an angle of 90° with the southerly
line� of said 64-foot-strip for a distance of 32 feet; thence soath-
easterly and southwesterly on the arc of a circle to the right of
200-foot radius, central angle of 71°4�0 � ; thence southwesterly to
the right at an angle of 1°41' with the tangent of the last described
curv�e for a distance of 220.84 feet; thence southwesterly to the
left' at an angle of 2°1�' for a distance of 275 feet; thence south-
west�erly on the arc of a compound circle to the right, the first arc
� having a radius of 500 feet, centra7. angle of 15°41' ; and the second
. arc having a radius of 900 feet, central angle of 7°15' ; thence .
southwesterly to the right at an angle of 2°03' with the tangent of
the �last described arc for 'a distance of 75•9$ feet to the northerly
bouridary of Chicago, Burlington and Quincy t3ailroad Company right
of way. � . ,
Als i a tract of land in that part of the Southeast Quarter of the
Northeast Quarter (SE4 NE�) of Section Four (4) , Township Twenty-
eight (28) North, Aange Twenty-two (22) West, owned by the State of
Minnesota, said tract to be bounded on the northwest by the southerly
bouridary of the above described 36-foot-wide strip of land; on the
southwest by the northerly boundary of the Chicago, Burlington and
' Quiricy Railroad Co�pany right of way; on the southeast by the follow-
ing� described lines, commencing on the southerly boundary of the
above described 3b-foot-wide strip of land at a point 174�. 94 feet
northeasterly from the northerly boundary of the Chicago, Burlington
and, Quincy Aailroad right of way as measured along ; the southerly
' boundary of the above described 36-foot-wide strip o� land, thence
southwesterly to the left on the arc of a circle of 105-foot radius,
central angle of 25°, the last described curve to be tangent to the
southerly line of the above described 3o-foot-wide strip of land;
thence southerly to the left on the arc of a circle of 23. 6-foot radius,
cen'tral angle of 60°15' ; thence southeasterly on a tangent to the last
described curve a distance of 136.92 feet to a point on the northerly
� boundary of the Chicago, Burlington and Quincy Railroad Company
right of way, which point is 205.54 f eet southeasterly from the
southerly boundary of the above described 36-foot-wide strip of
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land �as measured along the northerly boundary of the Chicago,
Burlington and Quincy� Railroad right of way. .
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Also �an easement in the land necessary for slopes, cuts, and
. fills including right of removal of lateral support from sub�ect
land 'or remainder thereof occasioned by ezcava�ns thereof or
construction of slopes in the Improvement of Warner Road from
� Reserve Street Bridge to Trunk Highway 61, in the Northeast Quarter
of tYie Northeast �uarter of Section 4, and the Northwest Quar•ter
of tYie Northwest �uarter of Section 3, in Township 28 North, Aange
22 West.
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Sub�ect to: �
` 1. Outstanding rights and interests , if any.
� • 2. The Grantee shall construct and maintain said right-
of-way at its own expense. � ,
3. The right-of-way hereby conveyed shall be open to the
general pablic.
1 4. The Grantor shall at all times have the right to enter
upon� said right-of-way for any purpose necessary to the performance
of 1`wful powers 'and duties.
' S. Grantee shall, during construction, maintenance and
operation, protect and preserve soil and vegetation cover and scenic
and �aesthetic values on the right-of-way and outside of construction
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limits. -
, � 6. � Grantor shall not be liable to the Grantee or any
per�on for any in3uries or damages to person or property arising from
construction, operation or maintenance of said right-of-way, and
Grantee shall hold Grantor harmless from any and all claims arising
the�efrom. �
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I ?. Grantee shall provide for the prevention and control
of �oil erosion within the right-of-way, as required by Grantor, that
migh�t be affected by construction, operation, or maintenance of the
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. road and shall plant and maintain vegetation of suitable species on
all� earth cut or fill slopes feasible for revegetation or on other
areas where ground cover is destroyed, provided that it be mutually
det�ermined by the Commissioner of Conservation and an authorized
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representative of the Grantee prior to completion of construction
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thatisuch steps are necessary and Grantee shall maintain all terracing,
water bars, lea�-off ditches, culverts where necessary, and other
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preventive works that may be required to accomplish such agreed
ob�ectives. .
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� 8. Grantee shall establish no borrow, sand, or gravel pits ,
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stone quarry or permanent storage areas, sites for road operations
and �aintenance facilities, camps, supply depots or disposal areas
within right-of-way, except with the prior written approval of the
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Grantor. • "
9. The Grantee may maintain the right-of-way clearing by
means of chemicals upon approval in writing by the Grantor.
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� 1 10. Grantor hereby reserves for its own use, all the iron,
coal�, gold and other valuable minerals , and all water power, and all
oilsland gases, upon all lands covered by this easement, and the
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righit to enter upon same for the purposes of exploration and mining
same�. After thirty years f�rom the date of execution of this agreement,
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the �Grantor, its lessees, or assignees , may mine any or all of the
lands covered by this easement, and construct all necessary roads,
buildings, and improvements relating to mining, without payment of
anyldamages to the Grantee.
The easement and, right-of-way herein conveyed may be
terminated either by mutual agreement of the parties hereto, or by
thelGra�tor upon thirty days written notice to the Grantee if Grantee
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fails to comply with applicable laws or the terms of this easement;
othe,rwise to remain in effect as long as used for the purposes
granted, provided, however, if the easement and right-of-way or any
part thereof shall be abandoned or shall cease to be used by the
Gra�tee for a period of one year, the rights and privileges hereby
granted shall cease and terminate and the land tr�versed by the
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abando�ed or unused segment shall be freed from this easement
and right-of-way. In the event of siuch agreement to terminate or
abandoi, the Grantee, by authorized representative, shall furnish
to the� Grantor, a statement in recordable form evidencing termination.
In Presence of STATE OF MINNESOTA
��' ,� ���'� � �,QL� . JAELE LEIAFALLOM y .
Commis ioner of onservation
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STATE OF MINNESOTa )
' � ) ss.
COUNTY� OF HAr�SEY )
On this �--� .� day of c , 1968, before me, a
Notary{ Public within and for said�ounty, personally appeared
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;c� �'�� �-���'��2� , to me personally known, who, being
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�y me �duly sw� rn, did say that he is the
Commis�sioner of Conservation of the State of Minnesota, and that tYie
foreg�ing instrument , was signed and sealed on behalf of the State
of Mirinesota by its authority and acknowledged said �o be the free
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act arid deed of the State of Minnesota.
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. �� c� ��1.,���ti�x��'-��
Notary Public, �amsey County, riinnesota
My commission expires �' - :�o - �� 9
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