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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 .,.._. ...�.. ...-- . .. _,.._. . . _ _:. ._, ,.. . . _ , . . . . ►_, . , - . . � . � � - � . , , . � � ' . � � . ' � , .