221294I
ORIGINAL TO CITY CLERK
r' CITY OF ST. PAUL COUNCIL NO
OFFICE OF THE CITY CLERK
lJj CAl NCIL RESOLUTION - GENERAL FORM
PRESENTED BY /
COMMISSIONER 111 * DATE
WHEREAS, ursuant to Council File No. 220187 and Council
File No. 21858, condemnation proceedings to acquire easements
for sewer purposes across a portion of Block "A ", Ferguson's
Addition, St. Paul, Minn., were authorized; and
WHEREAS, the City has been able to negotiate the acquisition
of necessary easements from Tanico, Inc., the owner of the property,
as well as a temporary license to use a 58 x 70 ft. portion of said
property for construction and material storage; now, therefore, be
it
RESOLVED:
1. That the prior Resolution of this Council, Council File
No. 221019 bearing upon this same transaction be rescinded and
repealed and this Resolution substituted therefor;
2. That the proper City officers are authorized and directed
to discontinue condemnation proceedings authorized by Council File
No. 220187 and Council File No. 218588;
3. That the proper City officers are hereby authorized and
directed to execute the contract, a copy of which is attached
hereto, concerning the temporary easement and license;
4. That the proper City officers are hereby authorized and
U) directed to accept the deed of easement dated December 1, 1964,
ofor sewer purposes and accessory structures, in return for the
o consideration expressed therein; +
w
o 5• That the proper City officers are hereby authorized and
a directed to execute a "hold harmless" agreement in connection with
the two easements for sewer facilities,
'U
In
Ce N
O
U
COUNCILMEN
Yeas Nays
Dalglish
Holland
Loss
Favor
Meredith , )
Peterson V
a gain
Rosen
Mr. President, Vavoulis
font ass
Adopted by the Council 19—.
i
ORIGINAL TO CITY CLERK
v
PRESENTED
COMMISSI
CITY OF ST. PAUL
OFFICE OF THE CITY CLERK
COUNCIL RESOLUTION - GENERAL FORM
2
r-%n�� �"'q-k
FILE NO.
6. That the proper City officers are hereby authorized
and directed to pay to Tanico, Inc. and Minnesota Federal Savings
and Loan Association, mortgagee, as their interests may appear,
the sum of $5,300.00 as consideration for said easementsand
temporary license, from Local Improvement Fund 0920 -701.
COUNCILMEN
Yeas Nays
Dalglish
Holland
Loss
Tn Favor
Meredith
Peterson
Against
Rosen
Mr. President, Vavoulis
font "2
J
JAN 5 10
Adopted by the Council 19—
JAN
pproved - — - - D
't
Mayor
i 'PUBLISHED JAN 9 1966
I
I
a
z
lst1
THIS INDENTURE, Made this day of
December, 1964, between Tanico, Inc., a Minnesota corporation,
party of the first part, and the City of Saint Paul, a municipal
corporation of the State of Minnesota, party of the second part,
hereinafter referred to as the City,
WHEREAS, the party of the first part is seized in fee
simple of the following described tract of land, to -wit: �
All that part of Block "A ",.Ferguson's Addition,
St. Paul, Minn., which lies Northeasterly of the
following described line: Beginning at a point on
the North line of said Block "A ", distant 48.13
feet East of the northwest corner thereof; thence
run Southeasterly at an angle of 670 16. 30" with
said North Block line for 171-28 feet; thence deflect'
to the left at an angle of 170 1+7' 53" for 279.95
feet and there terminating, except that part which
lies Easterly of the following described line:
Beginning at a point on the East line of said Block
A, distant 125 feet Southnof the Northeast corner
thereof; thence run Southwesterly to a point distant
215 feet South and 20 feet West of the Northeast corner
of said Block "A "; thence run Southerly parallel with
the east line of said Block "A" to the Southwesterly
- line of the above described tract and there
terminating; together with all right of access
being the right of ingress to and egresssfrom that
part of the above described tract, not acquired
herein, to the above described strip, except that
the abutting owner shall retain the right of access
on the Northerly 90 feet of said strip,
situate in the County of Ramsey and State of Minnesota; and
WHEREAS, the parties hereto have this date.',entered
into another agreement by which the party of the first part
conveys to the party of the second part a permanent easement
for sewer purposes over, under, upon and across the following
described real estate:
A permanent easement required for the construction
and maintenance and operation of a public sewer
and appurtenant structures on, under, through and
across'the following described tract: That part
of Block A, Ferguson's Addition, St. Paul, Minnesota
lying westerly of a line 200 ft. westerly of and
parallel to the westerly line of Pelham Boulevard
- except that part taken for Interstate Route No. 94;;
and -
- S
t'
lst1
THIS INDENTURE, Made this day of
December, 1964, between Tanico, Inc., a Minnesota corporation,
party of the first part, and the City of Saint Paul, a municipal
corporation of the State of Minnesota, party of the second part,
hereinafter referred to as the City,
WHEREAS, the party of the first part is seized in fee
simple of the following described tract of land, to -wit: �
All that part of Block "A ",.Ferguson's Addition,
St. Paul, Minn., which lies Northeasterly of the
following described line: Beginning at a point on
the North line of said Block "A ", distant 48.13
feet East of the northwest corner thereof; thence
run Southeasterly at an angle of 670 16. 30" with
said North Block line for 171-28 feet; thence deflect'
to the left at an angle of 170 1+7' 53" for 279.95
feet and there terminating, except that part which
lies Easterly of the following described line:
Beginning at a point on the East line of said Block
A, distant 125 feet Southnof the Northeast corner
thereof; thence run Southwesterly to a point distant
215 feet South and 20 feet West of the Northeast corner
of said Block "A "; thence run Southerly parallel with
the east line of said Block "A" to the Southwesterly
- line of the above described tract and there
terminating; together with all right of access
being the right of ingress to and egresssfrom that
part of the above described tract, not acquired
herein, to the above described strip, except that
the abutting owner shall retain the right of access
on the Northerly 90 feet of said strip,
situate in the County of Ramsey and State of Minnesota; and
WHEREAS, the parties hereto have this date.',entered
into another agreement by which the party of the first part
conveys to the party of the second part a permanent easement
for sewer purposes over, under, upon and across the following
described real estate:
A permanent easement required for the construction
and maintenance and operation of a public sewer
and appurtenant structures on, under, through and
across'the following described tract: That part
of Block A, Ferguson's Addition, St. Paul, Minnesota
lying westerly of a line 200 ft. westerly of and
parallel to the westerly line of Pelham Boulevard
- except that part taken for Interstate Route No. 94;;
and -
- S
WHEREAS, in connection with said construction, it is
further necessary for the City to acquire a temporary easement
and license, the parties hereto enter into this agreement, which
creates an easement and temporary license,
Now, Therefore, this Indenture,
WITNESSETH, That the said party of the first part, in
i consideration of the sum of One Thousand Dollars ($61,000) to-it
in hand paid by the City, receipt whereof is hereby acknowledged,
does hereby Grant, Bargain, Sell and Convey unto the City an
easement over, under, upon and across the following described
tract of land, to -wit:
That part of" Block A, Ferguson's Addition, St. Paul,
Minn., which lies east of a line 200 feet west of and
parallel to the west line of Pelham Boulevard, west
of a line 130 feet west of and parallel to the west
line of Pelham Boulevard,and north of a line Urof W
feet north of and parallel to the north line•of the
present garage building, said,parallel line being 58
feet more or less south of the south line of Wabash
.Avenue. e
Said easement is for the construction and operation of
a temporary diversion sewer on, under, through and across the
,above described tract.
It is a part of this agreement that the City will be
allowed to use the area embraced in the above described tract
for the stockpiling of-excavated•material and for the storage
of equipment for a period running from December 1, 1964 until
February 1, 1965. ,
It is a part of this agreement that the City will be
authorized to block off, by virtue of storage and stockpiling,
the three westerly overhead doors located on the north wall of
the existing building.on the tract owned by the first party. .
The city will restore the easement area for full use by the
party of the first part from and after February 11 1965, except
that the City will retain the use of the underground sewer for.
the full period of this easement. This easement is to remain
in effect from December 1, 1961+ to December 11 1967, or upon
of the St. Anthony Park Storm Mater Relief System,Contract A
the completion of the construction./whichever comes first.
It is a part of this agreement that the City will
agree to restore the property of the easement above described
to the same or equal condition as existed prior to the City's
construction.
It is a part of this agreement that the City expressly
agrees and undertakes to fully indemnify and hold harmless the
party of the first part, its agents, officers, and employees
from any and all damages, claims, losses, judgments, suits,
or expenses arising out of or occasioned by the City's
construction, maintepanee-and operation of said sewer'and'the
easement herein granted by said first party.
WHEREFORE, the parties hereto have caused these
presents to be executed the day and year first above written.
In Presence of: TANICO, INC.
. By '
Its
President-
Its
y` CITY OF SAINT PAUL s
In Presence of: ! "
By
Mayor
n S
City Clerk
Commissioner of 1 c Works. :
Countersigned: ,
City Comptroller
s.
that the City will retain the use of the underground sewer for.
the full period of this easement. This easement is to remain
in effect from December 1, 1961+ to December 11 1967, or upon
of the St. Anthony Park Storm Mater Relief System,Contract A
the completion of the construction./whichever comes first.
It is a part of this agreement that the City will
agree to restore the property of the easement above described
to the same or equal condition as existed prior to the City's
construction.
It is a part of this agreement that the City expressly
agrees and undertakes to fully indemnify and hold harmless the
party of the first part, its agents, officers, and employees
from any and all damages, claims, losses, judgments, suits,
or expenses arising out of or occasioned by the City's
construction, maintepanee-and operation of said sewer'and'the
easement herein granted by said first party.
WHEREFORE, the parties hereto have caused these
presents to be executed the day and year first above written.
In Presence of: TANICO, INC.
. By '
Its
President-
Its
y` CITY OF SAINT PAUL s
In Presence of: ! "
By
Mayor
n S
City Clerk
Commissioner of 1 c Works. :
Countersigned: ,
City Comptroller
STATE OF MINNESOTA)
) ss.
COIINTY OF RAMSEY )
I
{
U
On this day of December, 19641
before me, a Notary Piiblia within and for said County, personally
appeared and
to me personally known, who, being each by me du y sworn, did say that
they are respectively the President and the
of Tanico, Inc., the corporation
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 said
corporation by authority of its Board of , .1
and said
and , acknowledged said instrument
to be the free act and deed of said corporation.
STATE OF MINNESOTA)
) ss.
COUNTY OF RAMSEY ')
On this day of December, 1964,
before me, a Notary Public within and for said County and State,
personally appeared George J. Vavoulis, Robert B. Gerber, Jr.,
.Milton Rosen, and Joseph J. Mitchell, to are personally known,
who, being each by me duly sworn, did say that they are respectively
the Mayor, City Clerk, Commissioner of Public Works and City
Comptroller of the City of Saint Paul, Minnesota, and that the seal
affixed to said instrument is the seal of the City of Saint Paul,
and that the foregoing instrument was signed and sealed in behalf
of said City of Saint Paul by authority granted pursuant to formal
resolution of the Council of said City, Council File No.
passed and approved this day of
1964, and the said Mayor, City Clerk,
Commissioner of PublIc Works and City Comptroller acknowledged
said instrument to be the act and deed of said City of Saint '
Paul, pursuant to said resolution.