235453 � 235453
ORIGINAL TO CITY CLER
., CITY OF ST. PAUL couNCi�
� � OFFICE OF THE CITY CLERK FILE NO.
�� �
'= COUNCI ESOLUTION—GENERAL FORM
��
PRESENTED BY /�
COMMISSIONE DATF
Z�HEREAS, Northern States Power Company is building a
tran mission po�,rer line across the Board of Water Commissioner' s
prop rty and is desirous to obtain an easement for such pur-
pose ; and 1
WHEREAS.,. The Council of the City of Saint Paul, by
reaol�ution, C. F. No. 235357, approved October 11, 1g67, did
appra�ve the action of the Board as outlined in the Board' s
resol;ution no. 2055, approved October 10, 1967; noW, therefore,
be i�d
, RESOLVED, That the proper City officers are hereby
authorized and direeted to execute the attached Easement
Agreement on behalf o� the City of Saint Paul, said Basement
, Agre�ment being between the City o� Saint Paul and Northern
� States Power Company and a copy thereo� being attached hereto
and '�ncorporated herein by reference.
,
i
,
�
FOR PPROVED
� i
s . Corpor i C n el
I OCT �019��
COUNCILME Adopted by the Council ig_
Yeas _ Nays �Cl„ 2 0196�
�
Dalglish Approved 19.._
Holland �
Tn Favor
Meredith �
Peterson J Mayor
Tedesco A ga�t
Mr. President, Byr e PUBLISHE� 9CT 2 � �9�1
. �2z
DUrLICATE TO rRINTHR 23 5 4 5 3
, � CITY OF ST. PAUL FOENCIL ND c
' OFFICE OF THE CITY CLERK
COUNCIL RESOLUTION—GENERAL FORM
PRESENTED BY
COMMISSIONE DATE
�dHCR�AS, Idorthern States Power Company is building a
trane ission power line across the Board o� j�ater Commissionar' s
prope ty and is deairous to obtain �.n easoment for such pur-
poses and
�+fHEREAS,,. The Council o� the Ci.ty of Saint Paul, by
reaol tion, C. F. No. 235357, aPproved October 11, 1g67, did
appro e the aation o� the Board as outlined in the Board� s
resol tion no. 2055, approved Ootober 10, 1967; now, therefore�
be it
RESpLVED, That the proper Ci.ty officexs are hereby
autho ized and directed to esecute tho attaahed Easement
Agree ent on behalf o� the City of Saint Paul, said �asement
Agree ent b�ing bet�,raQn the City of Sain.t Paul and Northern
States Power Company and a aopy thereof being attaahed hereto
and iri�corporated herei.n by reference.
�T �.019fi?
COUNCILMEN Adopted by the Council I9_
Yeas N ys
r �.4ar;�vn—�—_, '�CT G� 0 ��67
Dalglish Approved 19.._
Holland
Tn Favox'
Meredith
Peterson U Mayor �
Tedesco A gainst
Mr. President, Byrne
�22
. _ -, l."-`, c.��;��. ��;�};��:i:;`,�' _ ,
• _ ' y ...�.•.- - -.a.v-�3' �L �;II.:a�:�i3"rr:. . .c i; _- ..•—.�....i.
a
'VRICINAL TO GiTY CLC�1K ' ` � �q ��1j'FO�
CITY OF ST. PAUL couNCi� � '
Y� OFFICE OF THE CITY CLERK FILE NO. __._ ; ,,
�_ .
� COUNCIL RESOLUTION--GENERAL FQRM
�RESENTED EY � T� �o L �.,� ,,r _. _
COMM�SSIONE 1��_...__ �__.____._ DATE_._
S�33EIirA5, Northern States Power Company is building a_
trans ission pos�rer la.ne across the Board of Water CommissioneY' s
prope ty and is desirous to obtain an easement �or �uch pur-
' poses ; and
WIiER,EAS, The Council ot the City of Saint Paul, by �
resol tion, C. r^. No. 235357, approved October 11, 1g67, did
� appro, e the actiun of the Board as outlined in the Board' s
reaol tion no. Zo55 , approved October 10, 1967; now, therefore,
" � be it
R�SOLVED, That i;he proper City officers are hereby
autho ized and directed tv execute the attached Easement
Agree ent on beh�.lf o� the City o� Saint Paul, said Easement
Agree ent being between the City oP Sai.nt Paul anc� Northern
State Power Company and a eqpy thereo� being attached hereto
and i corpor�ted herein by reference. � .
�
�
r0�ci!' 'r'r'ROV�D
♦
s . l;or�o� � C .�ri �!
i r � �
• � OCT 2 01�67
COt'�'CII.MF. ' Adopted by the Council_____.�..__ _ ____19_._ '
'k'eas ;�i.iys �
�..r_ ,r� � ._ ��1 2 0 l�� .
Dalglish �'� ApProved_- -.--------- - ,��-- -�
�iolland � _In Favor
Meredith .------- --------- - - .�
I'etcrson ����°�
Tedesco Against �
�Zr. Fresident, Byr e P!lBLISH�'D Q�� � y �,��� :
r ,
\
. . ,��s�
,► '��
c
�. I , '
. , .
I� .
• I
' , . EASEMENT AGftEEMENT
THIS AGREEMENT, made and entered into this day
� of Oc ober, 1967, by and between the City of Saint Paul, a
� munic pal corporatioa under the Laws of the State o� Minnesota,
, he�ei� afte� re�err�d to �s "City" , and Northern Statea Power
Compa�ay, a I�iinnesota corporation9 hereinafter referred to as
a�TJ S Ip n
0 o v y
� WITNESSETH s
; That in and for the consideration of Two Thousand Nine
• � Hundred Dollars (�2,900.00) in hand paid by N.S.P. to the City,
rece�,pt thereof is hereby acknowledged, the City herebp granta,
i barg insy sells and conveys to N.S.P. , its auccessors and �
assigns, a perpetual easement, right and privilege to construct,
, �
oper te, maintain, use, rebuild or remove electric transmission
l '
� line with �11 towers9 �tructuresy �polesy crossarms, cables9
i �
�
I wire y gLlySy supports9 counter—poises, �ixtures and devices
i '
, us�cl or use�ul in the operation, maintenance and use o� said
�' line through, over and across the following described land
situ �ed in the County of RamsEy, State of Minnesota, to—wit:
' All that part of the South Four Hundred (400) .
; �eet of the Southwest Quarter (SW ) of Section
; Thirty—one (31) , Township Thirty 30) North,
� ftange Twenty—two (22) West, lying West of the
Easterly right—of.—way line of the Sto Paul
Watertvorksy except �ailroad right—of—wayo
Provided, however, that except for a right of
accessy the rights granted herein shall be
limited to � strip of land being Northerly of
� the Northerly right—of—way line of the Northern
Pacific Railroad, and Southerly of the follow—
ing described line9 to—wits
i Beginning at a point on the West line of Section
Thirty—one (31) y Township Thirty (30) Northy
� Range Twenty—two (22) West, said point being '
Seventy—Yive (75) feet North of the Northerly
ftight—o�—way line of said Northern Pacific
ftailroady thence Easterly to a point on the
E�st line of the Southweat Quarter (SW�) of the
r . .._.. -- ._ ... . � .. . . .. . ..`;.. -:
, � � � - • �
. • , � . , .
. �
• , , i , .
. •� , .
� � , �
�—»a n��.. . x ' . a • • r
�
� ' {
F
I
. � �
� I
i
� Southwest Quarter (Sj�4) of said Section Thirty—
one (31) ; said point being Fi�ty (50) feet North
of the Northerly right—of—way line of said
Northern Pacific Railroad; thence continuing
� Easterly to the East line of the above described •
property parallel with and distant Fifty (50)
Yeet North of the Northerly ftight—of—way line o�
� � said Northern Paci�ic Railroad.
; .
� Subject to that certain easement granted to the
' Northern Pacific Railway Company by the City oY
Saint Paul ruider that ag�eement dated October
i 28y 19439 a copy of which is attached heretoo
! The rights gran�ted herein may be egercised at any time
, subse uent to the execution of this document. ' �
, �
The grant herein contained shall also include the right
� �to erect9 at any time prior to the construc�ion of �he said
, tran�mission lines, reasonable signs for the purpose of
; mon enting the boundaries o� this easemento Said transmission
line and suppoPting structures from time to time may be
; reco�structed or relocated on said strip of Tand with changed
` diffie sions and to operate at different voltageso
�
' The grant o� easement he�ein contained shall also
. {
incl de the right of NaSoPo to have reasonable access to said
stri of land �cross the property of the City adjacent the�eto,
I
j said access to be designated by City within a reasonable time
� upon request by NoS.P.
� The grant of easement herein contained shall include
. i
� the ight to enter upon the prope�ty of City to survey �or and
, � � .
! � locate said transmission lines and shall also include the right
�
� �o emove f�om said strip of land any structures, trees (including
i �
the branches oY trees overhanging said strip o� land) or objects9
except fences, which9 in the opinion of NoS.P, , wiil interfere
' with said transmission lineso
,;
The grant herein c�ntained shall also include the right
of .SoPo �o permit the attsvhment of wires of others to the
�� atructure suppox�ting said transmission lineso
' . 2 �
I
• - - - i , .. . .
�
: . ' , i�.
' � � • • � . . �
' i . . . , - r
', .
; . � ,
. �.
i � - �
.
• O
� i
The City reser'ves the right to cultivate, use, occupy
and construct fences upon said strip of land, except that the
� City Ihall not erect any structures or other objects9 permanent �
�
oa� telporaryy o� plant any trees thereon without the prior
, writt�n approval o� N,S.Po The City �urther agrees that it
will ot pe�form any act which will interfere with or
I�; endan er said transmission lineso
� N.S,Po shall pay f.or all damagea to crops, fences,
� lives ock, roads and fields caused by the construction or
i
, maint nance of said transmis�ion lineso Claims on account
of su �h damages may be referred to N.S.P. ' s nearest office.
N.S.Po9 its successors and assigns, agrees to fully
; indemnify, hold harmless and defend the City against all
,
• liabi ity on account of all causes, suits and judgments and �
� on aclount of all claims of whatever nature for injury to
person and/or property a��.sing out of or connected with the
� ; const�uction, erec�ion, maintenance and/or operation of said '
elec�ric trans�nission linea, towersy structures, poles9 ,
� cross$rms9 cablesy wriresy guysy supports, counter-poisesy '
�,
� fixtu es and other devices on the above-described property.
The City covenants with N.S.P. , ats successors and
, assiglsy that City is the owner of the above-described premises
; and h s the right to sell and convey the �asement in the manner
�
jand f rm a�oresaid. •
I It is a reed to b and between the
� g y parties hereto that
I " �
� the P ghts herein granted are subject to existing rights-of-way '
for h gYaways, �oadsy rsilroadsy pipelinesy canalsy laterals, '
ditch s or other �leetric �ransmission lines and telegraph j
• � and t lephone lin�s heretofore granted across any parts of
' I
the 1 nds g�anted by thia instrumento •
. 3
� I
� . ...._........... . ..1. ._._ ... , . . _ . . , �.. . . F4. .
. : , . .
� 4 • •
, , . � � �
�o ; • .
. , � ,
. . . . ;' .
. .:� � _ ._:___�.._,.. ' .-_..__��:..._........... . . ��__._-__-_ ' . . . .. . ..., . _ .
. �
,
, *
t
. a. ' ` .
� �
�
�
� �
IN WITNESS WHEREOF, the City has caused this agreement
to b signed by the proper of�icials thereof, and N.S.P. has
' � ,
cause�d tlais agreement to be signed by its Vioe President �nd
i Manager the day and year �irst above written. �
�
� In Pr��sence Of s CITY OF SAINT PAU�,
�
� .
�
I BY �
Mayor
i
� President of Board of
Water Commissioners
� APPROVEDs "
' I
� Gener 1 Manager •
. City Clerk, Secretary of ,
Board of Water Commissioners
Approved as to forms -
; I COUNTEBSIGNEDt
• ', Assistant Corporation Counsel
� City Comptroller
App�oied as to �orm and
' execution this day
. ' I - . .
' �� 9 19670
i
' Aasistant Corporation Counael
� ,
In Pr sence O�s NORTHER.N STATES POWER COMPANY
� BY
• � James Fo Owensy Jr.
' � l�ice President and Manager
i
i
a � �
J �
' , ' � ' • • . • � � ..
, 1 � ..
' , � � • • , �
' • , . . . . j
" , � I . � 1
, , I • • • • � . 1
� t
... _ _._ _ . �. ._ ..___._.�.._.. -- -. . _.-.: ..W. y. _. I
�
�I � I
, ►
�
� '
I , �
I
� '
STATE OF MINNCSOTA
, 88.
COIINTY OF KAMSEY
, On this day of , 1967,
befori me, a notary public within and for said County,
personally appeared Thomas Ro Byrne, Bernard T. Holland,
', Harry E. Marshall, and Joseph J. Mitchell, to me personally
' knownT who, being each by me duly sworn, did say that they
� are rgspectively the Aiayor, President of the Board of j�Tater
Commi§sioners, City Clerk, and the City Comptroller of the
• Ci.ty o� Saint Paul, Minnesota9 named in the foregoing
instr�menty and that the seal af�ixed to said instrument
, is th seal of the City of Saint Paul, and that said
instr�ment was aigned in behalf of the City of Saint Paul
liy au�hority granted pursuant to formal Board of Water
Commi sioners' resolution No. 2055 and the Council of the
, City of Saint Pau1,, Council File No. 235357, passed and
� approved the llth day of October, 1967, and Council File No.
', � , passed and approved ,the . day of .October, 1967,
and t}�e said Mayor, President of the Board of j�later Commissioners9
� City �lerk and City Comptroller acknowledged said instrument to
, be th act and deed of said City of Saint Paul, pursuant to said
resolutions.
� � Notary Publicy Ramsey Co. , Minno
� My commission expires
1 ,
� �
� I
I
STATE OF MINNESO`PA )
! ) sso
; COUNTY OF ftAMSEY )
� On this day of , 1967,
� befor me, a notary public within and for said County,
�, personally appeared James Fo Owens9 Jr. y to me personally
known who, being by me duly sworn, did say tha� he is �
the d ce President and Manager of Northern States Powe�
�ompa � yy named �n the foregoing anstrument, and that said
instr en� was signeci in behalf of said Northern States
IPower Companyy�• and eaid ��James F. Owens, Jr. acknowledged
isaid nst�ument to be hie own free act and deed,
� Notary Public, Bamsey Cooy Minno
' My commisaion expires
�
. �
I.
� 5
.,.._. ...�.. ...-- . .. _,.._. . . _ _:. ._, ,.. . . _ ,
. . . . ►_,
. , - .
. � . � � - �
. , , . � �
' . � � . ' � , .