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223690 (f � t J ORIGINAL TO CITY CLBRK �,.�����„90 r CITY OF ST. PAUL couNCa k OFFICE OF THE CITY CLERK F��E NO COUNCI ESOLUTION—GENERAL FORM �RESEN�D EY ~ ~ COMM I S51 ON E ��y DATF RESOZVED, That the proper City officers are hereby authorized, on behalf of the City of Saint Paul, to execute � that certain agreement of -the lOth day of May, Zg65, by and � between the City of Saint Paul and The Central Province of # the United States of the Reverend Oblate Fathersr� Inc . , a : copy of which agreement has been marked Exhibit A , is r t attached hereto and incorporated herein by reference as : . fully and as completely as if set forth.Yaerein verbatim; and be it � FURTHER RESOLVED, That the authorization contained � in Resolution, Couneil File 223027, approved April 20, 1965, and all the terms, provisions and conditions thereof are � hereby in all things rescinded. f �, �w -- --� _ t -4- � -. - - - - - -- - - - � - � -- .. f � , FOR PPROVED � ` ... a�vyt���,(/ Asst_.�orporation Counsel � . ,� _ . � MA�I 2'� 1965 ' COiTNCILI�N Adopted by the Council 19— Yeas Nays ��- MAY 2 71� Holland Approved 19— S r Loss Tn FAVOx' - � Meredith , � � Peterson � �yOr A gainst R - Mr. President, Vavoulis MAY 2 9 1965 � PUBLISHED j ion� e-e� f • f �3U�LIWTE TO rRINT[R 2��U V 0 CITY OF ST. PAUL couNCa `� v ' ! OFFICE OF THE CITY CLERK F�« NO COUNCIL RESOLUTION—GENERAL FORM rRESENTED�Y COMMISSIONE� DA� I RESOLYED, �'ha.t the proper eity officera are hereby authorize�, on behalf of the City of 3a3nt Paul, to eaeau�e that aertain agreement of the 10ich day of Ma.y, 1g65, by and between the City of Saint Pau1. and The Cen�ral Provinee of the United S�ates of thQ Reverend Oblate Fatherst� �InQ. , a aopy of which agreemen� haa been marked Ea�hi.bit A , is attacthed hereto and ineorporated herein by referenee as Fu11y and ae completely as �f set For�hY�re3n verbatim3 and be it FiTRTHER RE30LVED, That the authorization contained in Reeolution, Counoi7. File 223027, approved April 20, �g65, and all the terma, provie3ona and Qondi�ione ther�of are h�reby �n al1 �hings rescinded. COUNCILI►�N Adopted by the Counci� MAY 2� � 19— Yeas Nays a g S �py 2 7 1965 Holland Approv� 19— Loss Favor Meredith Peterson a Mayor ��� A 881IISt Mr. President, Vavoulis ions e-es , ,t o.e� :�= . �« ...,.. . } � ��tJ� �D f ' , � A a R E E M E N T ,� , � : • n THTS A(3REII�IENT, made and entered into this ' /0 �v d,ay of � ; _,��'''L ��L� , 1965, by and between CITY OF SAINT PAIIL, � , a municipal aorporation under the laws of the State oP Minnesota, � first party, and THE CENTRAL PROVINCE OF THE IINITED STATES OF THE � REVEREND OBLATE FATHERS, INC. , a corporation under the laws of the � � � State of Minnesota, aecond party, � � • 3 WITNESSETH: ' WI�REAS, the City of Saint Paul, first party, was the owner of certain property located within the City of Saint Paul, commonly � known and referred to as the Old Workhouse Farm Site, and by Contract F for Deed dated the 12th day of January, 1963, filed for record on � January 28, 1963, in Book 1830 of Ramsey Count Records Pa e. 8 p � s 3 4� � which contract was subsequently amended by an instrument designated Amended Contract for Deed dated the 17th day• of July, 1963, agreed . ; to transfer certain parcels or tracts of said Old Workhouse Farm � . Site to Battle Creek Development Co., and by said Amended Contract � for Deed it was agreed, in part, between the City of Saint Paul and Battle Creek Development Co. that a portion of the tract of the Old . Workhouse Farm which had been platted. by the City as a site for future i ; public school d.evelopment should. be exchanged for a portion of the property which the City had theretofore, under Contract for Deed, � agreed. to convey to Battle Creek Development Co., the tract or paroel , ' which the City is preaer�.tly reserving for the aforesaid future school d.evelopment being desig�ated as Lot 1, Block 21, Battle Creek Heights ' Plat 3, according to ths plat thereof on file and of record in the Office � o� the Register of Deeds in and for Ramsey County, Minnesota; and � � .� - — ��/Li'�.-c�U—c.� �� � �i , ... _ _. .. ... .. .. ..,.,K, , __ . . _. . . — _ � - .s:' ' i �� . . i . I , 1 �� � . � � 1 4 ` WHEREAS, second party is the present owner o� Lots 2 through � 13, inclusive, Block 21, Battle Creek Heighta Plat 3, hav`ing ac- quired the same through conveyance from said Battle Creek Development Co. after a prior conveyance from firat party to said. Company, said � � Lots 2 throu�h 13, inclusive, having been conveyed to Battle Creek ; Development Co. sub�ect to a 'd.rainage easement of reaord in said � Battle Creek Heights Plat 3; and WHEREAS, second party�s premises are sub�ect to the provisions � . of paragraph numbered 4 of Resolution of the Council of the City of ' Saint Paul, Council File No. 213775, approved July 9, 1963, recorded in Book 185L�. of Ramsey County Records, Page 70, which Reaolution ' vacates, subject to paragraph numbered 4, certain streets designated : by Battle Creek Heighta Plat 2, noW in part replQtted aa Batt].e Creek � Heighta Plat 3; and ; � Wi�REAS, the parties hereto are agreed that, said paragraph , numbered 1F. may be inappropriate as a condition of the vacation oP ' such streets and any rights reserved in the first party with ref- _ erence to said streets should be released and relinquished. so as . � to eliminate any qualifications eaistent as to the first party�a ; intention to so vacate said streeta; now, therefore, it is ' AGREED by and between the parties hereto in consideration of i the foregoing and the , following that: ; � 1. First party will forthwith take appropriate action to ' provide by Resolution for the release and relinquishment of the ' ri�hts retained. by first party under said para.graph numbered 4. 2. Second part, its sucaessors and assigns, will, upon ' i � any development or redevelopment of said Lots 2 through 13, �' ' inclusive, or any of them, of aaid Battle Creek Heights Plat 3, ' ; provid.e for drainage xithin said Lots 2 through 13, inclusive, � .i . � t � i 2 i � i � , � . . � ; . ._. _. _. _. . , __. _ . ._____.�.. _..___.... . . . _Y r_..:�...,.� �. � ... . _ . . .l �� � - r tit � � ' � f � � I • � ' 1 , and that such development or 'redevelopment will not result in � the placing of the burden of providing for such drainQge upon t said Lot l. j 3. The foregoing paragraph 2 s.hall be construed. as a 3 covenant rurining with the land and enforceable by first party, its successors and assigns, either at law or in equity, eacept � it shall not be construed as a condition subsequent. 1.�.. It is further agreed by and between the parties hereto that nothing herein shall be intended to or construed. as relieving the , aecond party from an.y obligation it, its successors or assigns may be ; subject to under law by virtue of the construction and installation � by the party of the first part of a sewer, through the aforesaid reserved sewer easement, as a local improvement pro�ect of said. � � first party, pursuant to the provisions of its charter and ordinances. , � IN WITNESS WHEREOF, the parties to this Agreement have caused t � the same to be eaecuted by their duly authorized officers and their � corporate seals, respectively, to be hereunto affiaed, all as of the day and year first above �rritten. . In Presence of • CITY OF SAINT PAIIL ,� B� Mayor : omm ssioner o u ic or s t City Clerk � ! 8ountersigned: • , � City Comptroller ` THE CENTRAL PROVTNCE OF THE IINITID STATE OF THE REVEREND OBLATE � • FAT S, INC . � t B� � ' � a � � ,�.�-��'Z�-, -�'�C /� , (��`'�!�.i _/�1��aJ , President -- i� � � � fLw � . ZL tG.� C�� t ' hn M�ronic, Secretary . R _ ��z�� v � - - --. - . � - - � - - - ...._�,_ ..�_ _.__._..... .,� ,. .....�...�_� _ . _ , . _ a � _ , � KT �• � r • . � ` . � � . � � � J ' � . � a � Y ♦ • ` 4 ' ! 7 + F 1 } STATE OF MINNESOTA � a ss. ; COUNTY OF RAMSEY ; On this� day of A�i►1 � ��-, � 1965, before me, a notar pul�i. wi h' and for said County, ; personally appeared. w t, ki'c.e President to me i personally known, who, being by me duly sworn, did say that he t is the �xe President of The Central Province . of The United States of the Reverend Oblate Fathers, Inc. , one ; of the corporations named. in the foregoing instrument, and that the seal affixed to said. instrument is the corporate seal of said � corporation, and that said. instrument was signed. and sealed in behalf of aaid corporation by authority of its Board. of Directors ► and said ��ev�ea�et G,J.�,r.�.;.,.,�.(��cknowledged said ina trument � to be the free act and deed of said corporation. � ' NncxxEr. s. DEIS Notary Public, Co. ,1�7�.� • Notary Public, Rame3p County, Mit�. Niy Commiasion Expizes Julp ?,1, 197L f My commiasion eapires / : � � . 1 , . j STATE OF ILLINOIS ) f � S3. � . � " C OIINTY OF MADISON � On thia � d.ay of ' , � 1965, before me, a notary public within and for said County . � personally appeared John MQronic to me � � personally known, who, being by me duly sworn, d.id. say that he is the Secretarv of The Central Province ; of The United Statea of the Reverend Oblate Fathers, Inc. , one � of the corporations named in the foregoing instrument, and that , the seal affixed to said instrument is the corporate seal of said � corporation, and that said. instrument was signed and sealed i.n 1 behalf of said corporation by authority of its Board of Directors � and said John M,Qronic acknowledged said instrument to be the free act and deed of �aid corporation. � ' ' �l%` ��y�GG� 4 � Notary Public, =���Co. , . � G'✓ My commisafon exp3res � � i . � � � � 4 c t • - r f 1 ` ' �. a� � � � ; � • �-T � . � � ` I i ' r , • 1 . • � r � !.. . � STATE OF MINNESOTA ss . COIINTY OF RAMSEY On this d.ay of , 1965, before me, a notary public wit in and or said. County, personally appeared. George J. Vavoulis, Milton Rosen, Robert B. Gerber, Jr. , and Joseph J. Mitchell, to me personally known, who, being each by tne duly sworn, did say that they are respectively � the Mayor, Commissioner of Public Work9; City Clerk, and City Comptroller of the City of Saint Paul, Minnesota, named in the foregoing instrument, and. that the seal affiaed to said instrument ' is the seal of the �City of Saint Paul, and that said. instrument was signed and sealed in behalf of said City of Saint Paul by authority granted. pursuant to formal resolution of the Council � of the City af�aint Paul, Council File No. , passed and approved the day of , 19 5, � and the said Mayor, Comm ssioner of Public Works, City Clerk, and City Comptroller acknowled.ged said instrument to be the act and deed of said City of Saint Paul pursuan� to said resolu�ion. Notary Public, Ramsey Co., Minn. My commission eapires � � � � � � ' 5