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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 That the prior Resolution of this Council, Council File No. 221019 bearing upon this same transaction be rescinded and repealed and this Resolution substituted therefor; 2.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.