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213959
ORIGINAL TO CITY CLERK?i7SLISIiED -- n t CITY OF ST. PAUL COUNCIL 21t�9P OFFICE' OF THE,CITY CLERK FILE NO. COUNCI ESOLUTION— GENERAL FORM 9'b File No. 213959 - By .: . �L .�,� eas, The Council, by re: PRESENTED BY ?g 10748, appri'ved danu..y ed exeaon h" Jae COMMISSIONE DATE . -j'• ,3 =n r; £0 WHEREAS, the Council, by resolution C.F. 210748, approved January 11, 1963, authorized execution by the proper City officers of a contract for deed between the Battle Creek Development Co., a Minnesota corporation, and the City of Saint Paul, which contract for deed was entered into between the parties onthe 12th day of January, 1963 and whereby the City, as is more fully recited in Q.F. 21078, agreed to convey to said Battle Creek Development Co. for the purchase price of $200,727.67, certain properties belonging to the City of Saint Paul, pursuant to the provisions of said contract for deed, a copy of which has been marked Exhibit "A" and attached hereto and incorporat herein by reference; and WHEREAS, the City has available certain additional parcels of property in the same area as the properties described in Exhibit which properties the Commissioner of Public Works has recommended that the City dispose of, since such additional properties are no longer necessary or useful for City purposes, and it is to the City' best interest to sell and dispose of the same pursuant to the pro- visions of Ordinance No. 6576 of the City of Saint Paul, adopted November 5, 1925, as amended; and WHEREAS, the Land Committee of the City has recommended to the City Council sale of properties described in the attached propos amended contract for deed pursuant to the terms, provisions, and conditions set forth in the proposed amended contract for deed, a copy of which has been marked Exhibit "B", attached hereto, and incorporated herein by reference; and WHEREAS, the Land Committee of the City has recommended to the Council that the amended contract for deed, Exhibit "B" be substituted in lieu and in place of the contract for deed entered into between the City and said Battle Creek Development Co. as of the 12th day of January, 1963, which substitution of agreement is agreeable to and desired by said company; now, therefore, be it COUNCILMEN Yeas Nays Dalghsh Holland Loss Mortinson Peterson Rosen Mr. President, Vavoulis 30M 8-82 Tn Favor - Against rer ed f nt 7 I A" s I - �d y� .M fY f�• A Adopted by the Council 19 -1 Approved 1 Mayor ' 1 ` G%TY 0p tit O�6 A6 OFFICE OF THE MAYOR CITY OF SAINT PAUL EXECUTIVE DEPARTMENT George J. Vavoulis 347 City Hall and Court House / Mayor Saint Paul 2, Minnesota i MEETING OF THE LAND COMMITTEE, JULY 16, 1963 IN MAYOR VAVOULIS' OFFICE The Land Committee hereby recommends to the Council of the City of Saint Paul that the property described in the attached proposed Amended Contract for Deed be sold pursuant to the provisions of Ordinance No. 6576 of the City of Saint Paul, adopted November 5,I 1925, as amended, and pursuant to the terms, provisions, and con- ditions set forth in said proposed Amended Contract for deed, a copy of which is hereto attached and incorporated herein by referende. The Land Committee further recommends that the proposed Amended Contract for Deed be entered into in lieu of the Contract for Deed entered into between the parties, the City of Saint Paul and the Battle Creek Development Co., which agreement was entered into as of the 12th day of January, 1963. FWW..y0N?-- .qjW8 - City of Saint`:'Paul - - EXECUTIVE DEPARTMENT OFFICE O F, I H E' - , M'A� Y O- R. " F 347 `CITY HALL AND COURT HOUSE -` - ST. PAUL 2, MINNESOTA ' _ -. '. - � ..: •, i {. r `?*' _ - .9- •, s- • e 5 31' -' may.' ± ._ _. K=ING OF THE ,hAND CQIdMZTT�Et;. JiJL .16, 1963 ZN MA VAYOtiLT3'" ` OFFI-( - _ . . The- 'L>�ur A" Co :ttee • erebyk edo»mnd6. to the Council o t r . _ , ' - ' • .�`:. a'R� � !, • } "r« .jt� - 14_x. ^1,. - I - , •E th8 , Ctity. . of .faint Paul ' ghat tY� ,property deat�rbed Ln 'tt:tadhe'd.- propo»dd Amended_ Contradt: -foie,` Deed be,.sold p ant to- t #a•. pro. `.j o of. prdinanae' ;No.; 6576 =' oP tile; Git�,a a p 'November'1 _:. in as, amended,, r �r o and q n -puaua t te � pro�tand � ; = d.tions set forti>L Q�s di d� ont:ra4 f r :d0ed,; a F copy of, e e e " to at. ach d an' orporated in by referer}¢a. e I,an _Co ttee fur h r ooprWen4ij that the proposed Ate de C©iatract or ilea be eirl d ; into. in lieu of the Cvntrka� #'b De d .enter c1 in- aen t1zti.'parties, the. City of Saint,`P�u]: ; and ' a Creek Develop lent •Co . �h .4h agreeriient wale .entered Y- f into -as �of - Manua fi--: t . 1963. IPWAN.'.. . -' . - /0 +,' ` j r a = j , '.; . • - 'r . ` - ry 1 ... ; 4 } ` ` .. .. -�•`,�� r -� �: ��,. -• ' -:+ 'F• ; vCi-tY•'' '61 `Sari•nt Paul � . ,,. ":-. �� ��'.�. � ' .• :: - ' `, -,� - . -.� =- - EXECUTIVE DEPARTMENT' ' O,FICE O.F T -•HE --M_ AY-OR' :. 347 CITY* HALL SAND COURT. HOUSE ST.tl PAUL 2,'M NNESOTA .. ", i j - - - -. .. , - � f - ' 4rjti. ,. �•� '� r , a. ��iH]f,y•v�.; 't. {u! a i - _ ,_ I'' - ' • -' ' T ��a p4-,t ���•!�. w. ,1.' ,r rr? E� MMa+Y 71 1965 B•j• �•,F %r rR }.a � i1AVQUT1Ir3''; 'Tine I�an d. yCQirrr�i�t��i:2i�t��r reoar,rs�ti to> #�ialle€ CO cf ! - a:tha�' MV 'Q ` ,ss3nt pi►uY tut th* pidporty :desar�:b�id .? t" ta�rah�d + propoas�d .Ap*p4d Gontria -t t�. b+� a ay :.- .t0 •,� 0.v m l.tr of -Otdi i= a )too- �►��6�' of tho . C�� u . _ a. ;�' � e _- ..�TaVO!nb #r `as, a "noed* and jaii t t th to pxoY_ i� and '.doff= d t3an� -ali �c+rth a' a : a� d an�r" f r'doodi .� tQ ,� a# + rpnx�at,d iri b; r±'�t''c3 ; do �: Mdt o ire bbr, 'i rlt�4 an 0 idy' ten"ta. `gaa^teer�:+ the vt: D.a►e1opt ;Ca ,y with awet'aII t eiere - ` , , into s pf t1��_e' ,12th �'c Of 4' nua�xly,, 3963,E V s.- IRMAN iSalONER or' =Tlso ai_ MS zw Comm ms OULY 16, 1.963 N. MAYOR VAVOUxlat 01FICS . o,-La nd CoNoUtow hereby r000mon to Ulm 0ounotl of the 0#7 of saint, va" thee, tho proporty .4exo bad io the ; ettaah propoOd Amended Coatz*# far Poed 'ba *old purawot to the prOl ou -of OV4�awe # 6576 of trho City of Sairnt 044 Noovemlbe 50, . amended and pirs"nt to. the, ie iro PP Ovlaions,. _And c0 C d t oY3 i t forth.in*01d pvoposed, AWeJiAod CoatV40 Or 4064,E �t !itgpy of wbi*4 j*,,-hdr*ta gt'aohed and inao c+r4ed ha it by refe .oao. :. _ rho I Coxidttoo - turth er rtoftwvAs that the proposed *_ . 'Amenod Contract for Deed be bute~rad into, ,iri !is -'fit` the' bontraw tor leered entered int.+c+ be earn, the Part"O# a ,: #4v .d f - saint - -a=d tom►` ►btilr Crreek - onto x a ,' into ,u Qf, the I h day of.. Unuaryp 3.963. 1c, QMM QA,,,5 - e •�y - 19 10 11 l 12 APPRAISALS BATTLE CREEK HEIGHTS vLAT 2 Appraised Value as of 8 -h -61 $ 36,000 19,500 28,500 18,170 13 12,535 14 32,275 16 31,120 !Appraised value 7 blks. Sub -total $178,100 $178,100 . $4,617.50 per ac. on 7 Mocks.; 38.57 ac. ,Add Blk. 15 (3.06 ac.) $4,617.50 x 3.06 s $11,130 Acres (excluding streets) 6.64 acres 4.08 it 6.89• 5.46 2.43 It 6.59 it 6.48 it 38.57 acres - $4,617.50/ae. 3.06 acres 41.63 acres y appraised value 8 blks. $4,617.50/ac. = #192,230 Blocks 9 thru 16 (except 15) 38.57 ac. Block 15 a 3.06 ac. Total. Area - Blks. 9 thru 16 41.63 ac. $4,617.50 x 41.63 ac. Use Plus assessment for sewer in Burns .Ave. Plus assessment for grading Burns Ave. $206,941.38 = $4,970-97 per acre 41.63 ac. Less Highway - 1.25 ac. @ $4,970.97 Total Original purchase price exclusive of water assessment Vacated streets $19,000.00) Harrington parcel ) (exc. pt. for Ruth St.)$10,184-76) Total revised purchase price, exclusive of Crater assessment 0 a 192,226.00 192,225. oc 3,9x1. 6 10,775T22 $ 206,9111-38 -612113-71 $ 200, 727.67 291184-76 $ 22 ' , 912.1.3 :•� �s • ' iINAL TO CITY CLERK t 21 �! 959 " � ` CITY OF ST. PAUL COUNCIL i■ -•lJr ���JJJ OFFICE OF THE CITY CLERK FILE NO COUNCIL RESOLUTION — GENERAL FORM PRESENTED BY COMMISSIONER DATE 2 i RESOLVED; That the Council of the City of Saint Paul finds that the properties which are described in Exhibit "B" to be conveyed and which are in addition to those described in Exhibit "A" are no longer necessary for any City purposes and shall be disposed of; be it FURTHER RESOLVED, That the Council directs the proper City officers to execute on its behalf an amended contract for deed containing the same terms, conditions and provisions as expressed in Exhibit "B "; be it FINALLY RESOLVED, That the Council will bg subsequent resolution direct how the monies to be received in connection with the amended contract for deed will be allocated by the City departments or other units of government. COUNCILMEN Yeas Nays . Dalglish— Holland Loss M r M an— Peterson, Rosen Mr. President, Vavoulis 18M 8-82 —In Favor U Against JUL 17 Im Adopted by the Council 1 JUL 17 1963 t A .``( ��!! A DUPLICATE TO rRINTER ' ��� J ../ !, v CITY OF ST. PAUL COUNCIL NO. (59 OFFICE OF THE CITY CLERK COUNCIL RESOLUTION — GENERAL FORM PRESENTED BY 1 COMMISSIONER DATE WHEREAS, the Council, by resolution C.F. 210748, approved January 11,, 1963,, authorized execution by the proper City officers of a, contract for deed between the Battle Creek Development Co., a Minnesota corporation, and the City of Saint Paul, which contract for deed was entered into between the parties onthe 12th day of January, 1963 and whereby the City, an is more fully recited in C.F. 2107+8, agreed to convey to said Battle Creek Development Co. for the purchase price of 200,727.67, certain properties belonging to the City of Saint Paul, pursuant to the provisions of said contract for deed, a copy of which has been marked Exhibit "A" and attached hereto and incorporat #d herein by reference; and WHEREAS, the City has available certain additional parcels' of property in the same area as the properties described in Exhibit O'A ", which properties the Commissioner of Public Works has recommended that the City dispose of, since such additional properties are no longer necessary or useful for City purposes, and it is to the City's best interest to sell and dispose of the same pursuant to the pro- visions of Ordinance No. 6576 of the City of Saint Paul, adopted November 5, 1925, as amended; and WHEREAS, the Land Committee of the City has recommended to the City Council sale of properties described in the attached proposed amended contract for deed pursuant to the terms, provisions, and conditions set forth in the proposed amended contract for deed, a copy of which has been marked Exhibit "B ", attached hereto, and incorporated herein by reference; and WHEREAS, the Land Committee of the City has recommended to the Council that the amended contract for deed, Exhibit "B" be substituted in lieu and in place of the contract for deed entered into between the City and said Battle Creek Development Co. as of the 12th day of January, 1963, which substitution of agreement is agreeable to and desired by said company] now, therefore, be it COUNCILMEN Yeas Nays Dalglish Holland Loss Mortinson Peterson Rosen Mr. President, Vavoulis loot 6-62 In Favor Against Adopted by the Council 19— Approved l9— Mayor PRINTER CITY OF ST. PAUL COUNCIL OFFICE OF THE CITY CLERK FILE NO COUNCIL RESOLUTION — GENERAL FORM 0 BY .SSIONER DATE 2163959 RESOLVED, That the Council of the City of Saint ful finds that the properties which are described in Exhibit "B" to be conveyed and which are in addition to those described in Exhibit "A" are no longer necessary for any City purposes and shall be disposed of; be it FURTHER RESOLVED, That the Council directs the proper City officers to execute on its behalf an amended contract for deed containing the .same terms$ conditions and provisions as expressed in Exhibit "B "; be it FINALLY RESOLVED, That the Council will be subsequent resolution direct how the monies to be received in connection with the amended contract for deed will be allocated by the City departments or other units of government. COUNCILMEN Yeas Nays ft91r- Holland Loss 11 Peterson Rosen Mr. President, Vavoulis 10D1 8-82 9 JUL 17 196 Adopted by the Council 119— JUL 17 19CR Approved 19— In Favor Mayor Against i r..f dt-ORGE -M. SHEPARD C I T 1 _4 STREET AND HIGHWAY _ ENGINEERING COORDINATOR 7 _ DEPART n 13-A- ` 0 - " G �' ■� = p 0 ENE V. AVERY S A- I N T ;P IM- M C 0 1 1, C I'LT F ENGINEER �a'pital ofyMinnesota i c a �ESTER �' ? �• ^ "I "� "�'a 1 r� M 3 til !� M d i 1 SUPERINTENDENT F SANITATION ENT =O_ F�PU.BL "IG•�1NORKSi_ =_-` ryfJjT,Hall,; &-ii��CMoutt Houses (2.)■ O ■' - - �' �.L" -� 1ILTO'N R I,j ��� �n n- In tMMLIAM P. BEHRENS- U commissibrfe _ .s - _ --T-• 1 22 July 16, 1963 Honorable Mayor and Members of the City Council: The undersigned, Commissioner of Public Works of the City -of Saint Paul, desires to report to the City Council that the•City presently is the record fee owner of the J�kollowing>described real estate, and the undersigned deems it ir''the' "best interests of the City to dispose of the = ` hereinafter described real estate for the reasons hereinafter outlined: a,. The parcel referred to as the Harrington Parcel :- � .4 _ The north 208.6 feet of the west 208.6 feet of ' the northeast 1/4 of Section 2, Township 28 North_ ,' Ran a 22 West except the north 30 feet and exceptf -- the west 40 feet thereof, which portions have - been'U. set aside for street or highway purposes, located in the City of Saint Paul, Ramsey County,` Minnesota; 2. That part of Block 19, Battle Creek Heights Plat 2, ~ lying west of a line which is 598.0 feet east of and parallel to the west line of the northeast 1/4 of Section 2, Township 28 North, Range 22 West, according to the plat thereof on file and of record in the office of the Register of Deeds in 4 and for Ramsey County, Minnesota. 3. Those streets and portions of streets which were vacated and discontinued as public streets pursuant to provisions of resolution of the Council, Council File No. 213775;' namely: Tews Avenue r - from the east line of Ruth Street to the west line of Fariey Street . r• i ' Honorable Mayor and Members of the City Council 2 July 16, 1963 Kim Place Pedersen Street Maley Place Faricy Street and Oak Lawn Drive - as platted in Block 11, Battle Creek Heights Plat 2 - from the south line of Burns Avenue to the north line of Oak Lawn Drive - from the east line of Winthrop.. Street to the north line of Rounds Avenue - from the north line of North Pa'iik Drive to the west line of Winthrop Street • R r Oak Lawn Drive - from the east line of Winthrop and Dane Street Street to the north line of Rounds Avenue Faye Avenue - from the east line of Dane Street to a line designated as line described as follows: beginning at a point on the east line o Section 2, Township 28 Nortill Range 22 West, distant 700 feet south of the northeast corned thereof; thence run westerly at right angles with said east section line for 75 feet; thence run northwesterly to a point on the north line of said sectio distant 130 feet west of the northeast corner thereof and there terminating. Those parcels described under paragraphs numbered 2 and 3 ab are portions of the area commonly referred to as the old workhous farm properties of the'City of Saint Paul, and its is felt desira to dispose of these properties since the City has heretofore ente into a contract for disposal of adjacent tracts of said old workh farm site. That portion of Block 19, Battle Creek Heights Plat 2 hereinbefore referred to is to be disposed of by virtue of an exchange of interest between the City of Saint Paul and Battle CI Development Co., which exchange has been concurred in by the Boa of Education of the City of Saint Paul, all as more fully outline resolution of the Board of Education, Board File 03988, adopted said Board on April 16, 1963. Die bed I ruse ek a 3 , in 7 -. F. 4 . w � I• Honorable Mayor and Members of the City Council 3 duly 16, 1963 The parcel described at paragraph numbered 1 above, referred to as the Harrington parcel, was a tract obtained for use in widening Ruth Street-"and Burns Avenue in the City of Saint Paul, said tract being obtained pursuant to resolution of the Council, Council File No. 212002, and the portion thereof described at paragraph numbered 1 being in excess of lands needed for street purposes and being of no further use by the City of Saint Paul. I therefore recommend, pursuant to the provisions of Ordinance No. 6576,of the City of Saint Paul, adopted by the Council November 5, 1925, as amended, that the above described properties be sold by the City of Saint Paul. Very truly yours MILTON ROSEN Commissioner of Public Works r• •y` � - - '• - _ s _. -ice •_ -' y . - .. . fi,I .. ` .T '• •i.; • - !.- at uo With wolviAo "the 4*10 of, Q14 Nut 41,11 - • • _ • F YMgyT�yl6d�j}`�- Itowl i1Wi('a�'�V}�# 1 ` , •. t' - • -{ `• . e • • �r�y ./�{ Jy�. -- ; S �• - �ai•"t yd �Li� ,!1� ' � T��{e��f•c•I' ���� '�i..M : : � .. .S t - �J( `P��{�r[� _��y7.jpi�� iy�..,��y,,� S ,• _- "11YtlYF,y�,',` (�, #.:R7T }}�yb� MOO a' . } " by t4o W f for it t achoo � Ots 0 : , • . �s LIJ 'O 'mat is t,tc 00 +t, .�, ice' i � r• ' !• y � -' f� Y `• }� ', • _ � ��• t' , , . _ • - -ire '• . r , � _ • • - COIRRACT FOR I ED „A,, THIS AWEEMENT made and entered into this 12t � day of January,. 196% by and between the CITY OF SAINT PAUL, 1 a municipal corporation, hereinafter referred to as the party of the first part, and the BATTLE CREM DEVELOPMENT CO.,, a xlnnesota corporation, hereinafter referred to as the panty of the second part; ) WITNESSETHs That the party of the first part, in considerations of the covenants and agreex*nts of the party of the second part f hereinafter contained., hereby sells and agrees to convey unto the i party of the second part, its suocoamors ” aasigane, by warranty deed, consistent with the provisions of this Contract, accomp4nied by an abstract evidencing good title in the party of the first part as of the 28th day of December, 1962, upon prompt and full - performance by the party of the second part of its part of this agreement, the traots or parcels of land lying and being in the County of Famsey, State of X1zu%esota, described are follows s Blocks nine (9)0 ten (10), eleven (11) twelve (12)8 thirteen (13),* fourteen (14), fift#an (15) and sixteen (16) of Battle Creek Heights Plat 2, = Ramsey County, Hinnsaota, according to the plat k thereof on file and of record in the office of ; the Register of Deeds in and for said county, - a excepting therefrom thoss portions of said Blocks Frr`s mine (9) and fifteen (15) which lie easterly of a line hereinafter designated Line "A" ar4 described an follows s Beginning at a point on the east line of Section 2, Township 28 Worth, Menge 22 blest, distant seven hundred (704) feet south of the northeant corner thereof; thence roan westerly at right angles with sa3.d east suction line for seventy -five (T5) feet; thence run northwesterly to a point on the north line of said section, distant one hundred thirty (1301 feet wrest of the northeast corner thereof and there terminating, and excepting also that portion _, r e of raid Mork nice (9) which lies wester of heretetoro dtseribed Line "A" &W northerly of tho following d#MQribod 11ne1 Beginning at a point on tits► north Mw or said Section 2, distant six hundred (6190) foot crest of the nortbeast corner there of j theme run aau rly at right auuglea with said north seation line for thirty (30) feetj thence run southeasterly to the point of iaterseation with Mrotofare described Liras "A ", said int of intersection being one drr huned thirty r130) feet southeasterly of the north line of said Section 2 measured slang said Line `*A ", and there teminstingj sub,lerot, hwmver, to the► condition that the portion of ftye Avwuw lying between the, west 11ne of XMIght Read tad Luse "A" as abase desoribod shall be reserved to" the CZty, aW a mll not be vasated until ewa ih time as the Kinnw"%& Rigs way Department and the County of Ram"y have oaopleted MaKnight Road oanstruatton between terns Arenas and North Park Drive, it being the intention of the party of the first part not to tramf er to the of the second part rights, title or iat+efest which the party of the first part has or W hereafter acquire in the aforesaid portion of ,Faye AVtnue j there being reserved to the party of the first part all irons ore and other valuable minerals, if am. in and upon tho "aw, with right to explore tor, sine and remover the ate. The party of the s000nd part, in aonsiftratian of the premines, hereby agreos to pay the party of the first part, at the Officer of the commissi*ner of 1i=Aco of the city of saint Pad, loeated in the City Mal lurid Court fiouse, Saint Paul, Kinnesota, as a for the purchaeo priaa of *►id prises, the sum of Two Swadred Thou,saM Seven fired Twenty- Severs and 67/100 Dollars (00! TitT - 6T) r � In the as and at the times following, to-sit i four per coat of ham rise or the am of Eight Thonsa nd Twon -Pine � P�'8 i� s � tT and 11/100 Dollars ($8, ©29.11), shall be paid by the party of the i oo l paw wyon the euueeeutlAw and delivery heroot, the reaoipt l of which ma is hereby aakwvleedged by the party or the first Part j I an additloaal tkrso per **at (3%) of the pRurehaso prise, or the sus of Six Mouumad Twenty -one area 8V100 Darllum ($60092.83)* 9W1 be paid on or before a date wMah is ninety (90) do" &MP 2 -- rA� the date of execution of this contractj an additional three per cent (3%), or the sum of Six Thousand Twenty -one and 83/100 Dollars (¢6,021.83), shall be paid on or before a date which L one hundred eighty (180) dare after the date of execution of this Contractj the balance of the purchase price, the sum of One Hundred Eighty Thousand 31x Hundred Fifty-Four and 90/100 Dollars ($180,654.90), shall be paid by the party of the second part veto the party of the first part in nine (9) equal annual principal installments, eaoh in the sum of Twenty Thousand Seventy -Two and T7/100 Dollars ($20,072•77), payable together with interest at the rate of six per cent (6%) per anm mj both prinei"I installments area interest to be payable annually on the anniversary date of this Contract.. provided novertheless, that them is hsretiy granted to the party of -the $noon( part the right and privilege of paying any deferred installments or multiple thereof, plus interest, as aforesaid, in advance of the time specified for payment thereof, advanoe paymeento to include interest to the date of such write only. The pAwty of the second part further aavenanta and agreec an follows; to pay, before penalty attaches thereto, el1 taxes due and payable in the year 1964 and all special aesessments hereafter levied in respect to the above described premiers. buildings and improvements which shall hereafter be or made thereon shall not be removed therefram,, but the property of the party of the first part until V be fully performed by the party of the second part] to keep any and all buildings which aball hereafter Alao, that any erected, placad shall be and re�ma r Lis agmement shall and at its exile o, be erected or placed on said premises at all times insured in some reliable inau company or companies to be approved by the party of the .first part against loins by fire " windstorm,, for a sum not less than the then unpaid purchase price hereunder or the insurable value of the 3 baildinygs, whichever is the Miser, which insurarune shall be payable to the party of the first party and in case of loss, should there be aW surplus above and over the principal then owing the party of the first part, the ba Bence shall be paid to the party of the second part as its interest shall appear and to deposit with the party of the first part, the policies evidencing such insurance] howsvor, none of the t*ms, conditions or provisions contained in this sentence shall apply to any treat or pa"01 of land conveyed hereunder, by warranty dRed, to the part of the second par%. BUt should the party of the 8"" part rail to pay &my ites to be pa3.d by Ue, party of the seeand part under the term of this p aPh, the *am may be paid by the party of the first part and shall torthwi be pbysbie, with interest thereon at the rata of six per cent (6 %) Pe anness, as an additional amunt due the party of the first part wider this Contract. set should default be made in the payment of principal or interest fte h•rsundam or any part thereof, to be paid by the party of the second part, or should the party Of the sea4nd part fail to pay the taxes or assessmsnts upon acid land, premium upon Y said insurance, or to perform any ane or more of the covenants, agreemente, terms or conditions horein contained, to be by said party of the second part kept or perfoz%*d, the party of the first part my, at its option, by written notice, deelexe this Contract cancelled or ternimted, and all rights, 'title and interest acqui d therwAnder by the party of the socond part shall thereupon ooaure a telui,nate, and all leeproromonts =ado up= the premi.oes and all p nto wade hemunder shall belong to the party of the first part as liq idate4 da ce for breach of this �tewant by the party of the sioond , said notice to be in aeoordanee with the statuto in such "SO and provided. neither the eatOnsion Of the time of payment of any or sums of money to be paid brounder, nor any waiver by the par of tho first part of its right to declare this agreement forfei by reason of any breach thereof, shall in any manner affect the rights of the party of the first past to caravel this agreement because of defaults subsequently maturing, and no extension of time shall be valid unless evidenced by duly sigead instrmsnt. Farther, after service of notice and failure to remove within the period allow" by tar the default therein specified, the party of the s000nd part hereby specifically agrees that upon demand by the party of the first part, it shall quietly and peaceably suirrsrader to tit party of the first part possession of said promisee and every part thereof, it being rstood that until such default, the party of the second part is to have possmsaion of the gremSaes. It is further agreed by and between the parties hereto that the party of the s"Ond part emy request transfer to it of title to portions of the premises above desarlbed in tracts or parcels thereof of five (5) acres or' )ores exclusive of strveets, and the party of the first part shall within a reasonable period after receipt of such request and tender of appropriate payment.. as hereinafter not forth, to the party of the First part, convey to said party of the seeeond part, by warranty deed, oeermistent with the teams and provisions of this agreement, title to the property specified in said request by they party of the second part. The party of the second part shall pay to the party of the first part for lands oonveyed to It by the party of the first part pursuit to the provisions of this paragraph one and drat -half Limas the value of such tract or parcel, the value of such tract or parcel to be arriveed at on tho basis of using *oat per acre: figure of Four Thousand Nine Hundrad Seventy and 9T/100 Dollars ( $t, 97th . 97) • The amount of any such ant by the party of the second Fart shall constitute a payment on account and as a credits on the n*xt annual principal and interest: installment or installLmeots due under I 5 � ' i IL this Contract or to beetaaoe du* enbsequent tm the aonveyanva of such tract or parcel, after first deducting interest due on principal balanae to the date the Council of the City of Saint Paul, by resolution, authorizes the execution of the warranty deed covering sum conveyance. The party of the first part hereby ©OV*nmts and agrees with the party of the second part that as against the property heretofore deseribed, them will be no special assessment levied by the City Of Saint Paul far severer installed in Barns Avenue prior to the date of o"oution of This Contract, and there will be no apeclal aseesOent for grading done on Burns Avenue prior to the "to of execution of this Cantraot. The party of the first part hereby covenants and agrees with the party of the second part that in the event the Council of the City of :paint Paul authorizes vacation of streets or portions of streets, as shown on the plat designated Battle Creek Heights Flat 2, on file cad of record in the office of the Register of Deeds in and for Ramsey County, XiruzesotA, at page 5 in Boom 77 of Town Plats, the party of the second part agrOea to pail to the ,arty of the first pert ea sum to be determined by asoortaining the difference between the area of etrtcts vacated cad the area of streets whloh will be dedicated. The Council will fix a vaa`lus per &or*, or per square f oat, to be applied on excess area vacated, such Value to be in acnfermity With that of adjoining property • Th' petitioner for the vacation will b, required to pay two -thirds of the value of the excess land as detarmlMd by the Council. The amparaable value per acre which the Valuation EnSim er of the City of Saint Paul shall reeo=2end the Council us* in tusking its determination is the sun of Pour Thousand Mina Mmdred Seventy and 97/100 Dollars (441.974.97)- Z m f r } i i It is further mutually agreed that the time of payment shall be asn os"atial part of this agr*vMnt j and thRt all the covenants and agreements herein contained shall inm with the land and shall bind the sucoessore and assIgns of the respective parties hereto. It in further mutually agreed that if the party of the seowid part 44etermfnes to r 6giawer the title to the aaforammtimed p_*pemiaes, the party of the first part agrees to join thorein or aaaaerit thereto, subject to the terms, conditions and ymvvisiond of this Contract. It is rur-ther ngree4 that If the party of the first part determines to register the title to the aa.fore"ntioned premises, the party of the second part shall pair all coats and expenses in connection therewith. IN a'&STI TONY 16' EOF, the party of the first pant has caused these presents to be executed in Its rtorporaate nvw by its for, its Comptroller, and its City Clerk, and its corporate seal to be hereunto affixed the day and year first above written j and the pasty of the second part has caused th*** presents to be execu by its President and its becretauly and its corporate seal to bo hereunto affixed the day and year first above w. itten. In Presence of r 7 CiV 9' SA�3U PAUL By 'or, Coun to rs ignerd s ro L f 4 y ar. BATTLE CRM. DZV=n11WT CO. Vregident Secretary r ra i i i F f � - C4II*ff 07 RAXW I SO, on this 2 rd "Y Of Januar , 1963, biPoret Iwo a notary X114 wi4h�ani"�or sai �►• PORFbtily a� Qsorp J. vav6uus, Joseph J. l�litahill, and s R• 0' Cb► Mll, to 110 p�er"Jaw kmmn, oho Hind sa" by as 4037 sworn, dLd sa7► that aro r+speotivily the XWr, tha City_ comtrollsr, aexl 7LIy Clerk Of the City of s�salt �l "rs d n erd in the fore instrami"t md t'atlat the to inatmm�t is the s 4t ttiL* City of Mint i that t ibstrutnt was sirod and ssalsd in behalf mail at by authority ix tadp t to f su l r•sdlntieua of the City of Saint Ta� tils No. 210748 , paarad and the 11th "y of January 1 , said liyor, =,"'CeawtTel sr, Sad City a nt to s be the ast and died of Uld City of Saint s rssolatione OWN 1�tary P` us, Ransiy 00=1W, am. my commission aspires JEANNE M, ANCERT Notary Pnc'' -, n . :'y C -unty, Minn. My Coro'r '-':ion Lxnires Ju,y 9, 1966 STAIM OF "A sd• COMM OF RARMY on thU 12th day Of Januar , 1963s Wore eats, a no" pnblio ritfiU- EW7tor ma13 3U . P*ftOmlla g; Glen A. Murra iii Ever t a C i to that ti my res tivoly the Pr*$LdM't and %M SsoritarY of Uttlo Q oh Development Co. named i n tb*snt le in aoarpo�ntieaal and that tb* saal attired to said of maid aorporatioa, ►ts= bauthorirtY of its � ofDirsotore In bohalf Of Said 00SW and wA "Id Glen A. Murra Qx*Q aai or mrl roc ao corporation• (' LC c ... < / ' }) ■ir. .ray r 1....3rir..� "�' :�.. -- "ta y ftblio, Ranisy Cow��', 1Qirui. Approved as to form and sxacutio," ' NY a soiOb ir+ei 11 this_�?_--,day at- �.kL✓.�. _19v My(, Assistant Corporation Counsel .y .C� i I ' i 4 � Z. f 7 on this 2 rd "Y Of Januar , 1963, biPoret Iwo a notary X114 wi4h�ani"�or sai �►• PORFbtily a� Qsorp J. vav6uus, Joseph J. l�litahill, and s R• 0' Cb► Mll, to 110 p�er"Jaw kmmn, oho Hind sa" by as 4037 sworn, dLd sa7► that aro r+speotivily the XWr, tha City_ comtrollsr, aexl 7LIy Clerk Of the City of s�salt �l "rs d n erd in the fore instrami"t md t'atlat the to inatmm�t is the s 4t ttiL* City of Mint i that t ibstrutnt was sirod and ssalsd in behalf mail at by authority ix tadp t to f su l r•sdlntieua of the City of Saint Ta� tils No. 210748 , paarad and the 11th "y of January 1 , said liyor, =,"'CeawtTel sr, Sad City a nt to s be the ast and died of Uld City of Saint s rssolatione OWN 1�tary P` us, Ransiy 00=1W, am. my commission aspires JEANNE M, ANCERT Notary Pnc'' -, n . :'y C -unty, Minn. My Coro'r '-':ion Lxnires Ju,y 9, 1966 STAIM OF "A sd• COMM OF RARMY on thU 12th day Of Januar , 1963s Wore eats, a no" pnblio ritfiU- EW7tor ma13 3U . P*ftOmlla g; Glen A. Murra iii Ever t a C i to that ti my res tivoly the Pr*$LdM't and %M SsoritarY of Uttlo Q oh Development Co. named i n tb*snt le in aoarpo�ntieaal and that tb* saal attired to said of maid aorporatioa, ►ts= bauthorirtY of its � ofDirsotore In bohalf Of Said 00SW and wA "Id Glen A. Murra Qx*Q aai or mrl roc ao corporation• (' LC c ... < / ' }) ■ir. .ray r 1....3rir..� "�' :�.. -- "ta y ftblio, Ranisy Cow��', 1Qirui. Approved as to form and sxacutio," ' NY a soiOb ir+ei 11 this_�?_--,day at- �.kL✓.�. _19v My(, Assistant Corporation Counsel .y .C� i I ' i AMENDED CONTRACT FOR DEED "-8 i t THIS AGREEMEUT, made and entered into this day of , 1963, by and between the CITY OF SAINT PAUL, a municipal corporation, hereinafter referred to as the party of the first part, and the BATTLE CREEK DEVELOPMENT CO., a Minnesota corporation, hereinafter referred to as the party of the second part, WHEREAS, the parties hereto have heretofore, on the 12th day of January, 1963, entered into that certain Agreement designated Contract for Deed, filed for record on the 28th day of January, 1963 and recorded in Book 1830 of Ramsey County Records, Page 384, in the office of the Register of Deeds in and for Ramsey County, Minnesota; and WHEREAS, the parties hereto are desirous of cancelling and superseding the aforesaid agreement of the 12th day of a a January, 1963, and substituting in lieu and in place of said = : agreement this Amended Contract for Deed, NOW, THEREFORE, the party of the first part, in consideration of the covenants and agreements of the party of the second part hereinafter contained, hereby sells and agrees to convey unto the party of the second part, its successors and • assigns, by warranty deed, consistent with the provisions of t j this Contract, accompanied by an abstract evidencing good title `. in the party of the first part as of the 28th day of December, 1962, upon prompt and full performance by the party of the second part of its part of this agreement, the tracts or parcels of land lying and being in the County of Ramsey and State of Minnesota described as follows, to -wit: ll �. /- ^.i= _ c h, 'v r,+re ` j. �_y�. Ef -yr{`- -tir - �.:1• - •. i ,,. � _ , • I Block Twenty (20) and Lots Two (2), Three (3), Four 4 , Five (5), Six (6), Seven (7), Eight (8), Nine (9), Ten (10), Eleven (11), Twelve (12), and Thirteen (13) of Block Twenty -one (21), Battle Creek Heights Plat 3, according to the plat thereof on file and of record in the office of the Register of Deeds in and for Ramsey County, Minnesota; and Block Sixteen (16) of Battle Creek Heights Plat 2, according to the plat thereof on file and of record in the office of the Register of Deeds in and for Ramsey County, Minnesota. The party of the second part, in consideration of the premises, hereby agrees to pay to the party of the first part, at the office of the Commissioner of Finance of the City of Saint Paul, located in the City Hall and Court House, Saint Paul, Minnesota, as and for the purchase price of said premises, the sum of Two Hundred Twenty -nine Thousand, Nine Hundred Twelve and forty- three /100 Dollars ($229,912.43) in the manner and at the times following, to -wit: Twenty -two Thousand, Nine Hundred Ninety -one and twenty- four /100 Dollars ($22,991.24) shall be paid by the party of the second part upon execution and delivery hereof, the receipt of which is hereby acknowledged by the party of the first part; the balance of the purchase price, the sum of r r o� Two Hundred Six Thousand, Nine Hundred Twenty -one and nineteen /100 Dollars ($206,921.19), shall be paid by the party of the second part unto the party of the first part in nine (9) equal annual 1F ti principal installments of Twenty -two Thousand, Nine Hundred Ninety- ne'_ and twenty- four /100 Dollars ($22,991.24), payable together with interest at the rate of six per cent (6 %) per annum, both princ and interest installments to be payable annually on the twelfth 4 day of January, the first such annual installment to be payable on January 12, 1964, and said installments to be payable annually thereafter until the full purchase price has been paid, provided, nevertheless, that there is hereby granted to the party of the second part the right and privilege of paying any deferred 2 rt =r . installments or multiple thereof, plus interest, as aforesaid, in advance of the time specified for payment thereof, advance payments to include interest to the d.ate of such payments only. The party of the second part further covenants and agrees as follows: to pay, before penalty attaches thereto, all taxes due and payable in the year 1964 and all special assessments hereafter levied in respect to the above described. premises. Also, that any buildings and improvements which shall hereafter be erected, placed or made thereon shall not be removed therefrom, but shall be and remain the property of the party of the first part until this agreement shall be fully performed by the party of the second part; and at its expense, to keep any and all buildings which shall hereafter be erected or placed on said premises at all times insured in some reliable insuranc e company or companies to be approved by the party of the first part against .loss by fire and windstorm, for a sum not less than the then unpaid purchase price hereunder or the insurable value of the buildings, whichever is the lesser, which insurance shall be payable to the party of the first part; and in case of loss, should there be any surplus above and over the principal then owing the party of the first part, the balance shall be paid to the party of the second part as its interest shall appear • Nx, and to deposit with the party of the first part, the policies evidencing such insurance; however, none of the terms, conditions or provisions contained in this sentence shall apply to any tract or parcel of land conveyed hereunder, by warranty deed, to the party of the second part. But should the party of the second part fail to pay any items to be paid by the party of the second part under the terms of this paragraph, the same may be paid by the party of the first part and shall forthwith be payable, with interest thereon at the rate of six per cent.-(6 %) per annum, as an additional amount due the party of the. first s° part under this Contract. t _7 71�p.: - -•• ",prate,.._ But should default be made in the payment of principal or interest due hereunder, or any part thereof, to be paid by the party of the second part, or should the party of the second part fail to pay the taxes or assessments upon said land, premiums upon said insurance, or to perform any one or more of the covenants, agreements, terms or conditions herein contained, to be by said party of the second part kept or performed, the party of the first part may, at its option, by written notice, declare this Contract cancelled or terminated, and all rights, title and interest acquired thereunder by the party of the second part shall thereupon cease and terminate, and all improvements made upon the premises and all payments made hereunder shall belong to the party of the first part as liquidated damages for breach of this agreement by the party of the second part, said notice to be in accordance with the statute in such case i made and provided; however, none of the terms, conditions or provisions contained in this sentence shall apply to any tract l or parcel of land conveyed hereunder, by warranty deed, to the party of the second part.;i, r Neither the extension of the time of y payment of an sum or sums of money to be paid hereunder, nor any waiver by the l party of the first part of its right to declare this agreement forfeited by reason of any breach thereof, shall in any manner affect the rights of the party of the first part to cancel this" - r • agreement because of defaults subsequently maturing, and no extension of time shall be valid unless evidenced by duly signed instrument. Further, after service of notice and failure to remo e-`: within the period allowed by law the default therein specified, Ule party of the second part hereby specifically agrees that upon detind bY the party of the first part, it shall quietly and peaceably surr rider to the party of the first part possession of said premises and e ery part thereof, it being understood that until such default, the p rty t' of the second part is to have possession of the premises.. ` 1' .� F2GE'M CITY G�O. SHEPARD , STREET AND HIGHWAY ENGINEERING COORDINATOR DEPAR 1. �i0 ■�'� GENE V. AVERY SAINT yh•I!!V p� •CC� p p C EF ENGINEER as 7 ;a'pital of ,Mmnesol = = p _ x d y d TESTER it Q ENT�OI:�PUBLICn:WORICS� SUPERINTENDENT F SANITATION 5CHal 1 Court Hou e■ (2 -)" : - = = : � � - ■ �;= �I�' - �� - nq ZILTON R01SO4Ni 09 !" a io, .P?. am ��• ''"":""" o r •ry °. T ^A r._� �C:ommissioner ~.�� d _s ;g Syr , : y ks� SAM P. BEHRENS - Do p - Commiisibner'° I a - -OW22 duly 16, 1963 Honorable Mayor and Members of the City Council: } The undersigned, Commissioner of Public Works of the :=A City. -of Saint Paul, desires to report to the City Council: that the - City presently is the record fee owner of the `'jafollowing - described real estate, and the undersigned deems it iAi -the best interests of the City to dispose of the hereinafter described real estate for the reasons hereinafter outlined: 1.. The parcel referred to as the Harrington Parcel; - =; The north 208.6 feet of the west 208.6 feet of the northeast 1/4 of Section 2, Township 28 North; . ;.j,' !Range 22 West, except the north 30 feet and exce�3 -��_, the west 40 feet thereof, which portions have :been' set aside for street or highway purposes, being located in the City of Saint Paul, Ramsey County,' °. Minnesota; 2. That part of Block 19, Battle Creek Heights Plat 2, lying west of a line which is 598.0 feet east of and parallel to the west line of the northeast 1/4 of Section 2, Township 28 North, Range 22 West, according to the plat thereof on file and of ` record in the office of the Register of Deeds in .' and for Ramsey County, Minnesota. o• 3. Those streets and portions of streets which were vacated and discontinued as public streets pursuant to provisions of resolution of the Council, Council File No. 213775;, namely: 'Tews Avenue - from the east line of Ruth Street to the west line of ' Fariey Street . , Honorable Mayor and Members of the City Council 3 July 16, 1963 The parcel described at paragraph numbered 1 above, referred to as the Harrington parcel, was a tract obtained for use in widening Ruth Street-and Burns Avenue in the City of Saint Paul, said tract being obtained'pursuant to resolution of the Council, Council File No. 212002, and the portion thereof described at paragraph numbered 1 being in excess of lands needed for street purposes and being of no further use by the City of Saint Paul. I therefore recommend, pursuant to the provisions of Ordinance No. 65761of the City of Saint Paul, adopted by the Council November 5, 1925, as amended, that the above described properties be sold by the City of Saint Paul. Very truly yours MILTON ROSEN Commissioner of Public Works r fS i COIRRACT FOR DEED THIS AO MEMENT made and entered Into thin 12th day of Janu*ry, 1963, by and between the CITY OF SAINT PAUL, a municipal corporation, hereinafter referred to as the party of the first part, and the BATTLE CRM DEVELOPMENT CO., a Kisnaesota corporation, hereinafter referred to as the party of they second part s W ITME&UTH s That the party of the first Dart, In consideration of the covenants and agreesa tas of the party of the second part hereinafter contained, hereby sells and agrees to convoy unto the party of the second part, its auoa*ssssorz eAd a+aasigns, by warranty deed, consistent with the provisions of this Contract, accompanUd by an abstract evidencing good title in the party of the first part as of the 28th day of Decomber, 1952, upor. prompt and full performanote by the party of the second part of its part of this agreement, the traots or parcels of land lying and being in the County of Ramsey, State of Mnne+sota, described &3 follows s Blocks nine (9), ten (10 )0 eleven (11) twelve (12)0 thirteen (13)o fourteen (14)0 fifteen (15) and sixteen (16) of Battle Creek Heights Plat 28 Mosey County, Kinnsaota, according to the plat thereof on file and of record in the office of the Register of Deeds in and for said county, excepting therefrom gloss portions of said Blocks nine (9) and fifteen (15) which lie easterly of as, line hereinafter desigrsated Line "A" and described as fol.lowa s Beginning at a point on the east line of Section 2, Township 26 north, Range 22 West, distant seven hundred (700) feet south of the northeast corner thereof) thence run westerly at right angler with said east section line for seventy -five M) feet; thence run northwesterly to a point on the north line of said section, distant one hundred thirty (130) feet west of the northeast corner thereof and there terminating, and excepting also that portion � 4 .3 ' y � f ' t , `'`:. - • - "_ � 't - •ate ,z •i� • ,k - t`' : - •. - • !^- - f�•t� 4r _ - . Y ?t+ 9M1Si -OtAt 14" With Wqroli�* to:, odouut tsts WPAZA N' .f fir• - a+ .`A ' • 0$.-. t;' 1 C14 01 f � r + • f . . y; • _ /�y,� ��{����; �� IYi7j��I�y�yy���•�� w/y�!�x���1�U'T .. � ' v � • _ Fwd' � 'rll�.�v.J1' �'y. �1/i1 � ��� �M�� �? Ys '��1�'i � .N�6�� . ti- ..., _ , z c f at' ! act i r biaa lrts . ' , M4t ,4 vu oh.ti _ ` r1 - 3 ` 'ViVi "+TLS' - 7 - . • - , * , w.' I ' _ - •c . ' of said Mork nine (9) which lies westerly of heretofore describaed Lim "A" and wrtherly of the Miming deaeaerib*d lines Bogiming at a point on tho north line of said section 24, distant slat hundr*4 (600) feet asset of the northeast corner there of j theme rues soaths ay at right aurag].eaw with said north section line for thirty (30) fo•tj thsnoe run southeasterly to the point of inter"etion with heretofore described Line "A ", said int of interassatiotn being one hundred thir'W r30) feet southeasterly of the north lime of said Section 2 measured saong said Line "A ", and them ter®.inatiaagj sub.jacoti ho "ver, to the o©adition that the portion of ftye Aver lying between the west line of K*Kaight Road and Liae "A" as ubceve desari bed shall be rNerervvd to, the MY and sWal not be ruatod until swah time as the Unmeota Hishvey Department and the County of Ramsey have oopleted MaKn40t Road oanstruetion between Shuns Avenue and North Park Drive, it being the intention of the party of the first part not to transfer to than of the soos�nd part rights, title or int�efest x oh the party at the first part has or sassy hereafter acqui" in the aforosaid portion of .Faye Av*nue j there being reserved to tho party of the first part all iron care acid other valuable mineraals, ii , in and upon the saw, with right to explore for, alne and rsscevo the sam. The party of the second part, in consideration of the promise*, hereby agreeas to pay the party of the first part, at the Office of the Commissiomr of 8inance of the city of faint Foul., loeaat>ed in the City H&21 " Court Douse, Saint Paul, ttimesota, as wW for the purchase price of said preaaisss, the &um of Two Hundred Thom Seven fired Twenty -Seven sated 67/100 Dells" (0WvTii'.6T ). in the samer and at the times follewing, to: -wit n four per oont of snob purohaase prise, or ttaa sum of Eight Thousand Twenty -Vim and 11/100 Dollars ($80029.11)0 shall he paid by tde party of the secant part upon the eawoutioaa and deliverer hereot, the receipt of whieh sus is hereby acknowledged by the party of the first pert; an additiorasl three por **nt (31%) of the purehww prise, or the sus of Six Thonsa M Twonty -*n* wA 8V100 Della" ($6#092.83)0 shall be paid on or before a date wiioh JSr ninety (90) dates aver 2 { the date of execution of thim contractj an additional throe per pent (3%), or the sum of Six 'Thousand Twenty -one and 83/100 Dollars ($6,021.83), shall be braid on or before a date which is one hundred eighty (180) days after the date of execution of this Contract j the balance of the purchase price, the sum of One Hundred Eighty Thousand 31x Hundred nifty -Four and 90/100 Dollars (4180,654.90), shall be paid by the party of than aeoond part unto the party of the first part in nine (9) equal annual principal installments, each in the sum of Twenty Thousand Seventy -Two and 77/100 Dollars ($20 *OT2.77), payable together with interest at the rate of six per cent (6%) per & mum; both principal installments and interest to be payable annually can the anniversary date of this Contract, provided nevertheless, that there is hereby granted to the party of the second part the right and privilege of paying any deferred i.nstallwnts or multiple thereof, plus interest, as &foresaid, in advance of the time specified for payment thereof, advance paymnts to include interest to the date of such payments orbs. The party of the seoond part further covenants and agree a as follows; to pay, before penalty attaches thereto, all taxes due and payable in the year 1964 and all special assessments hereafter } levied :W respect to the above described premises. Also, that wW buildings and improvements whioh shall hereafter be erected places or made thereon shall not be removed therefrom,, but shall be and remain the proparty of the party of the first part until ttlis ag"emont shall be fully performed by the party of the seoond part; and at its expeenso, to keep any and all buildings hieh shall hereafter be erected or plaoed on said pr iaes at all times Insured in some reliable Insurance company or companies to be approved by the party of the first part against loss by fire and windstorm, for a sum not less than the then unpaid purohase pries hereunder or the insurable value of the K •A e 11 by reason of any breach thereof, shall in any manner atfeet the ri&ts of the party of the first part to eana el this agreownt betanse of defaults subsequently naturing, and no extension of time shall be valid unless evidenced by duly signed instrmeent, Further, after service of notice and failure to remove within the period allowed by law the default therein spealfied, the party of the second paw hereby specifically agrees that span dead by the party of the first part, it shall quietly and peaceably surrender to the party of the first part possession of said promises and #very part th*roof, it being understood that until such deefault, the party of the second part is to have posseesalon of the promises. It is further agreed by and between the parties hereto that the party of the second part may request transfer to it of title to portions of the preanises above deaaribed in tracts or parcels thereof of five (5) &ores or "more exclusive of streets, and the party of the first part shall within a reasonable period after receipt of such request and tender of appropriate patiyrant, as hereinafter not forth, to the party of the first part, convey to acrid party of the second part, by warranty deed, consistent with the terms and provisions of this agreement, title to the property specified in said request by the party of the second part. The party of the second part shall pay to the party of the first part for lands oonveyed to it by the party of the first pert purrammt to the provisions of this paragraph one and ow -half times the value of such tract or parcel, the value of suah tract or p~areel to be arrived at on tho b"is of using dolt per acre figure of Four Thousand Nine Hundred Seventy and 9T/100 Dollars ($4,P 9TO. 9y') . The amount of arq euwh payment by the party of the second part shall constitute a payment an account and as a ar*dit can the next annual principal and Interest Installm=t or in eWli.—ents due under 5 this Contract or to bectom due subsequent to the conveyance of such tract or parcels after first deducting interest due on principal balance to the date the Council of the City of Saint Paul, by "Solution, authorizes the execution of the warranty dead covering such coramanoe. The party of the first part hereby onvenanta and agnea with the party of the second part that as against the property heretofore described, there Will be no special assesswent levied by the City of Saint Foul for surer installed in Burns AvrnAe prior to the Rate of e"cution of This Contract, and there will be no special aseessment for grading done on Burns Avenue prior to the date of execution of this Contract. The party of the first part hereby covenants and agrees with the party of the second part tMt in ti* event the Council of the City of Saint Paul autWriaes vacation of streets or portions of streets, as shown on the plat designated Battle Creek Heights Flat g, on file and of record in the office of the Register of Deeda in and for Ramsey Counts, Minnesota, et page 5 in Book 77 of Town Plats, the party of the second part agrees to pay to the party of the first part a arum to be determined by ascertaining the difference between the area of streets vacated and the area of streets which will be dedicated. The Council will fix a value per care, or per square foot, to be applied on excess area vacated, such value to be in ocnformity with that of adjoining property. The petitioner for the vacation will be required to pay two- thirds of the value of the eacasag land as detes'rinod by the Council. The couparable value per &are whiah the Valuation Engineer of the City of Saint Paul shall reed mend the Council u$e in Mking its d* termination is the sum of Four Thousand Hine Hundred Seventy dud 97%140 Dollars (44,970.97)• t . z It is further agreed by and between the parties hereto that the party of the second part may request transfer to it of title to portions of the premises above described in tracts or parcels thereof -of five (5) acres or more exclusive of streets, and the party of the first part shall within a reasonable period aster receipt of such request and tender of appropriate payment, as hereinafter set forth, to the party of the first part, convey to said party of the second part, by warranty deed, consistent with the terms and provisions of this agreement, title to the property specified in said request by the party of the second part. The party of the second part shall pay to the party of the first part for lands conveyed to it by the party of the first part pursuant to the provisions of this paragraph one and one -half times the value of such tract or parcel, the value of such tract or parcel to be arrived at on the basis of using cost per acre figure of Four Thousand Nine Hundred Seventy and ninety- seven/100 Dollars 04970.97). The amount of any such payment by the party of the second part shall constitute a payment on account and as a credit on the next annual principal and interest installment or installments due under this Contract or to become due subsequent to the conveyance of such tract or parcel, after first deducting interest due on principal balance to the date the Council of the City of Saint,-' Paul, by resolution, authorizes the execution of the warranty deed covering such conveyance. The party of the first part hereby covenants and agrees with the party of the second part that as against the property heretofore described, there will be no special assessment levied by the City of Saint Paul for sewer installed in Burns Avenue prior to January 12, 1963, and there will be no special assessment for grading done on Burns Avenue prior to January 12, 1963- F It is agreed by and between the parties hereto that the party of the first part shall not be required to give a warranty deed to the party of the second part with reference to the portion of the aforementioned premises described as That part of Block Nineteen (19) lying west of a line which is 598.0 feet east of and parallel to the west line of the Northwest Quarter (NWJ) of Section Two (2), Township Twenty -eight North (T 28 N.) Range Twenty -two West (R 22 W) according to the plat described as Battle Creek Heights Plat 2, according to the plat thereof on file and of record in the office of the Register of Deeds in and for Ramsey County, Minnesota. and that a Quit Claim Deed thereto from the party of the first part to the party of the second part only will be required, unless and until such time as the parties hereto petition therefor and are successful in having said parcel vacated as a public school site. The parties hereto agree to cooperate toward the accomplishment of said vacation, and upon accomplish- . ment of such vacation, the party of the first part then agrees to give the party of the second part a Warranty Deed with reference to said parcel, which deed shall be consistent with the other terms, conditions and provisions of this agreement. The party of the second part agrees to convey to the party of the first part all of its right, title and interest S r ' tF 1 �r in and to All that part of Lot 1, Block 21 lying northerly of the center line of vacated Oak Lawn Drive, in Battle Creek Heights Plat 3, according to the plat thereof on file and of record in the office of the Register of Deeds in and for Ramsey County, Minnesota. The party of the second part represents to the party of the first part that it has not entered into any agreements with third persons not party to this agreement which would in ► any way relate to transfer of interest in the property described �. herein to be conveyed by the party of the first part to the } ' party of the second part. •, 6 c'' i s - W+ E 4 w It, Is agrssd; betwe*n the parties hereto that the party of the fi ,"t part Is herby X.*quired to SIVO only a quit a2x N deed to the party of tie wond part with reference to the portion of tho aforementioned presixop known as the Harrington pA"el an4 damaribaed as s The north 20$.6 feet of th* vast 948..6 feet of the northeast 1/4 of :Section 2, Toxrnehip 2E3 .korth, AAage 22 West., exaapt the north 30 feet a.id except the gent $U toot thsreofj, whiah portions have been sst adds for strowt or highway ,purposeso being located in the Pity of Saint Pawl, Finamey County, M.i naxota. It Is .further autually agreed that the tine Of payment, shall be an exa tntial. 'part ,of this agreement j and that all the oovanants and agroomentu herein, contained. shall run with the land and. shall bUid the suac*asors anoigns of the respective parties hereto. It Is further nutually- ag "ad th4Lt It the party of the second part determines to r4giater the title to Uie a.foremntloned premisas, Ube 3�a1rty of the brat part agrees to join t he;rain or assent thereto, aub jot to the terms, zonditiona and provisiona of this Contraot. It In Purtrar agreed that it the party of the first part deterwines to r*giato r the title to th$ aro*,emar:tioned qr =ones., the party of the second part shall pay all costa and expenseis in gonneatlorl therewith, IN' TESTIMOi+IY 'WHM0F, the party of tho first part has eaused thaso presents to be exatuted in its corporate rAm by Its Mayor, Comissionur, of Public Works, City Cl*rk, at-A City Comptroller, and Its corporate seal to be hereunto affixed thee day and year First above written; aaO the party, of tho Second part has soused these prey nts - to be *xeouted, in Its corporates na m by its .Prvst dent and its Secz*Ury and Its corporate seal to be hereunto affix O the, day and year f Ir-Ot abov* written. In FrO *Onae of CITY OF SAiM PAUL or coamlisloner o' FR U114 y e F Countoreigned 3 Y 70 ! P V In Presen*o of STATE OF XINNESOU es. COLD= CP RAKUY .BA't'TU C_ EZK DUVELOPHS)IT CO. �e e x*e ary I W this day of War* me, a notary .public witEUMM-2 for ssi uta Y, personally appeared George: J. UVOulis, Ni lton Rosen# Agnes H. 0' Corvnell• e►xid Joseph J. Hitah*ll, to me personAlly kn Mn, who being each by me duly sworn$ did aay that they are respeatiV*l,y the Mayor,, s Comolssloner of :Public 'Forks, City Clark, &rid City Comptroller of the City of Saint Paaj., W,_nnesote:, named in the Yokogoing Instrument, and that the seal afri.xed to said instruaent is tht seal of the City of Sint Paul, and that said instrumerit was signed and sealed in behalf of said City of Sint Faul by authority granttd pumuant to formal resolution of the Counall Of U10 City Of Saint Paul, Coux�011 3811$ 1►Yo. , passed "d approved the da4Y of " ;ansl the said Mayor, cov& .eaioner of Public Works, Y wrk, and Oity Comptroller aokrWWle4&e4 said isvtrweent to be the act and dyed of said C3.ty of Saint Paul., pursuant to said resolution. r MsTrEJ .sly Co., My eommissum expires STA`M OF MIMSOTA r .COUNTY OF RAKSZY . On thAs day of before we., a rotary pul3ij.a wit�and for rala ZMUEMY' onally appeared and to lift persol 1 �Wn, V 0, na boo 3 ll BKGd riy 't , t 9F1�J that th*y mrre rsspeut3valj the Preoident and the Seoret*rY ©t Battle Creek Development Co. WUM4 in the tOP801n8 in&trumsnt, and that the seal affixed is said insti -ojwnt is the corporate seal of said Qarporoti.on, snd that "id 1"Urument w4a signed and sealed in behalf of said corporwatl0li b} authority of it$ Boaz -i of Dir_eatora, azxl said and acknow'It e c .ni3-t umaR FO e t e ree &Q oe o rs. corporation. . _ , r. Sri • «�_ HE . �0 , � C w 33IR commission exp1rers AMENDED CONTRACT FOR DEED THIS AGREEMENT, made and entered into this day of , 1963, by and between the CITY OF SAINT PAUL, a municipal corporation, hereinafter referred to as the party of the first part, and the BATTLE CMEK DEVELOPMENT CO., a Minnesota corporation, hereinafter referred to as the party of the second part, WHEREAS, the parties hereto have heretofore, on the 12th day of January, 1963, entered into that certain Agreement designated Contract for Deed, filed for record on the 28th day of January, 1963 and recorded in Book 1830 of Ramsey County Records, Page 384, in the office of the Register of Deeds in s. and for Ramsey County, Minnesota; and i• _ i WHEREAS, the parties hereto are desirous of cancelling and superseding the aforesaid agreement of the 12th day of 1 January, 1963, and substituting in lieu and in place of said ' - E agreement this Amended Contract for ee , NOW, THEREFOR;, the party of the first part, in consideration of the covenants and agreements of the party of the second part hereinafter contained, hereby sells and agrees- - to convey unto the party of the second part, its successors and_ assigns, by warranty deed, consistent with the provisions of this Contract, accompanied by an abstract evidencing good title in the party of the first part as of the 28th day of December, - . II 1962, upon prompt and full performance by the party of the second 'e part of its part of this agreement, the tracts or parcels of land lying and being in the County of Ramsey and State of Minnesota described as follows, to -wit: Y 14 r i. T r . and for Ramsey County, Minnesota; and i• _ i WHEREAS, the parties hereto are desirous of cancelling and superseding the aforesaid agreement of the 12th day of 1 January, 1963, and substituting in lieu and in place of said ' - E agreement this Amended Contract for ee , NOW, THEREFOR;, the party of the first part, in consideration of the covenants and agreements of the party of the second part hereinafter contained, hereby sells and agrees- - to convey unto the party of the second part, its successors and_ assigns, by warranty deed, consistent with the provisions of this Contract, accompanied by an abstract evidencing good title in the party of the first part as of the 28th day of December, - . II 1962, upon prompt and full performance by the party of the second 'e part of its part of this agreement, the tracts or parcels of land lying and being in the County of Ramsey and State of Minnesota described as follows, to -wit: Y 14 r i. It is further agreed by and between the parties hereto that the party of the second part may request transfer to it of title to portions of the premises above described in tracts or parcels thereof of five (5) acres or more exclusive of streets, and the party of the first part shall within a reasonable period after receipt of such request and tender of appropriate payment, as hereinafter set forth, to the party of the first part, convey to said party of the second part, by warranty deed, consistent with the terms and provisions of this agreement, title to the property specified in said request by the party of the second part. The party of the second part shall pay to the party of the first part for lands conveyed to it by the party of the first part pursuant to the provisions of this paragraph one y and one -half times the value of such tract or parcel, the value of such tract or parcel to be arrived at on the basis of using cost per acre figure of Four Thousand Nine Hundred Seventy and ninety- seven/100 Dollars 04970.97). The amount of any such payment by the party of the second part shall constitute a payment on account and as a credit on the next annual principal and interest installment or installments due under this Contract or to become due subsequent to the conveyance of such tract or parcel, after first deducting interest due on principal balance to the date the Council of the City of Saint Paul, by resolution, authorizes the execution of the warranty deed covering such conveyance. The party of the first part hereby covenants and agrees with the party of the second part that as against the property heretofore described, there will be no special assessment levied by the City of Saint Paul for sewer installed in Burns Avenue prior to January 12, 1963, and there will be no special assessment for grading done on Burns Avenue prior to January ,12,-' 1963. 0 It is agreed by and between the parties hereto that the party of the first part shall not be required to give a warranty deed to the party of the second part with reference to the portion of the aforementioned premises described as That part of Block Nineteen (19) lying west of a line which is 598.0 feet east of and parallel to the west line of the Northwest Quarter (NWJ) z of Section Two (2), Township Twenty -eight North (T 28 N.) Range Twenty -two West (R 22 W) according to the plat described as Battle Creek Heights Plat 2, according to the plat thereof on file and of record in the office of the Register of Deeds in and for Ramsey County, Minnesota. and that a Quit Claim Deed thereto from the party of the first _y ~" part to the party of the second part only will be required, ` unless and until such time as the parties hereto petition therefor and are successful in having said parcel vacated �• as a public school site. The parties hereto agree to cooperate_' toward the accomplishment of said vacation, and upon accomplish- ' ment of such vacation, the party of the first part then agrees r to give the party of the second part a Warranty Deed with reference to said parcel, which deed shall be consistent with ; the other terms, conditions and provisions of this agreement.' �• The party of the second part agrees to convey to the party of the first part all of its right, title and interest in and to y 3 All that part of Lot 1, Block 21 lying northerly of the center line of vacated Oak Lawn Drive, in Battle Creek Heights Plat 3, according to ;+ the plat thereof on file and of record in the office of the Register of Deeds in and for Ramsey County, Minnesota. ; The art of the second p party;' party part represents to the of the first part that it has not entered into any agreements'-:_ with third persons not party to this agreement which would in ` "•'" any way relate to transfer of interest in the property described herein to be conveyed by the party of the first part to the party of the second part. R 1;X 4 � t "S • V 1 �✓ 6 It ii agreed between the paLrtles here W thAt the PArtY 9f the first part is hereby required to gins only a quit claim deed to U* party of the second part with X- 0f4renoe to thO portion of the aforementioned premixts knoWn as the HsLrrington ,pa►r :el devgribed S ?he north 206.6 feet of the went 208.6 feet of ',,.he northeast 1/4 of Settion 21 Township 28 North, Range 22 'Vest, except the north 30 toot and except the crest $0 feet thpreofy wbioh portions bavo been sot asids for street or highwsY 'Pu &*s• being located ,A the City of Saint p&ul, �uuwoy County, Minnoaota. It is :further mutual agrlad that th4' time ©f pay=" shall, be an sMW1atsal part of this agreement; and that all the coven"ts and ` agreements herein aont4kinO d shall run with the land And shall b1nd the auacessors and asaignS of the rsspeotivt P&Vtias heret*- It is further mutually agra6d that if the party at 'tile second part detormines to regi.ater the tittle to the aforenentioned promises, th* psatsty of the f1rat part agraea to loin thgroin or assent thereto, $abject to the term&, conditiona and proVieinnca Of thin Contre►at. It In farther agreed that if the, party of the first part determines to register the title to the aforem$ntioned promises, the party of-Me second part shall ,pay a11 costs and exponads in aonnectlon thex'ewith. IN TW`i'iM4�e'7i WIMHEOV4 the party of the first part has a&uead them® presents to be extvuted in its corporate .name by its XsVor, Comitsionier of Public World, City Clork, and Its adrporate ssai to be hereunto affixed th* writtonj and the p&rtiy of the a•oonde part has be "eauted its its corporate trim• by its Pr*&. its corporate goal to be b*rcunto arfixod the city ptrollar, and day aA year first above paused thess pritsentO td Ldent and its soaratam and day and year first above vr9.tten. In Prmsenaa or CITY OF SAUT` 'PAUL ss oner or Fu"i% aoa Countersi; d i My- ra •:ti w�. r in Pmoeraoe of NkTTU. ChEMK iZ ELMENT CO. STATE OF XIIIM.SOTA sell COUNTY O1ir NA a By res ri re ai4 t ary On this day of , 19630 before me, a notary, ,put1to with x-4 fors Sun y�rson&nl appeare4 George J. Vayoulis, Milton io&an, Agnes H. O'Connell, grid Joseph J# Mitchell, tQ NO peraaMllg known, Who being sa+ah by me dulN sworn, did asy that th*y are respe4t1v*1y the mayor, Cowlssion*r of Public Works, City Clerk, and City Comptroller of the City, of Saint Paul, Minnesota, named in the foregoing instrumant, a nd that the seal sffixed to said instrument is the $eal of the City of SaLwit Taus, and that sai€i instrument was sig " and sealed in behalf of said City of Saint maul, by authority grant" pursuant to formal resolution. or tht; Council of the CitV of Saint Paul, Council Faze Ni. , passed and approved the _.�___,_..... "r of _ 1963.t -iirid the paid iWyor, Coxmisaioner or Publla,' "r -" s,o y � erk, and City Comptroller &eknowlodge t said "truest to bs the act and de td of said City of Saint Paul, pursuant to said mool.ution. STATE OF MINWSMA P3. ,COUNTY OF RA> Y X'y a, 14,y cowission expires_ 61i thin da,Y' Of ...___._ -a 1963, before w, a taotary public with S ad for sa Coiitt , personally appeaftd F' to me pQrso`1o'a wrri Qa*Tj`—rr y sworn►, did say..:`: that they axe respoati olw the President and the Sear*W7 of Battl.a Creak Developm At Co. nwwd in that Poragoi,n,g Instrument *., aru'1 that the seal sfrixed to aaid instr^.xment is the corporate aeai of said oor-,)oration, ArW that said instnWer;w Wan signed &rd seabed in behalf' Q2' said oorporatl,on by authority of its :hoard of Directors* e►.A said and aoknowle ga sa rz i �e tFa"TAGe a4 ee o ss► t corporstic�at. ., „ ,; P Watar,y M51137 .fey o . , nn. 14y oo=iaalon expires 1 4 �' 1 But should default be made in the payment of principal or interest due hereunder, or any part thereof, to be paid by the party of the second part, or should the party of the second part fail to pay the taxes or assessments upon said land, premiums upon said insurance, or to perform any one or more of the covenants, agreements, terms or conditions herein contained, to be by said ,party of the second part kept or performed, the party of the first part may, at its option, by written notice, i declare this Contract cancelled or terminated, and all rights, title and interest acquired thereunder by the party of the second . i part shall thereupon cease and terminate, and all improvements made upon the premises and all payments made hereunder shall belong to the party of the first part as liquidated damages for breach of this agreement by the party of the second part, said notice to be in accordance with the statute in such case made and provided; however, none of the terms, conditions or provisions contained in this sentence shall apply to any tract or parcel of land conveyed hereunder, by warranty deed, to the party of the second part. i Neither the extension of the time of payment of any sum or sums of money to be paid hereunder, nor any waiver by the party of the first part of its right to declare this agreement forfeited by reason of any breach thereof, shall in any manner affect the rights of the party of the first part to cancel this'' agreement because of defaults subsequently maturing, and no extension of time shall be valid unless evidenced by duly signed' instrument. Further, after service of notice and failure to remove within the period allowed by law the default therein specified, the ` r party of the second part hereby specifically agrees that upon demand by �y. the party of the first part, it shall quietly and peaceably surrender' to the party of the first part possession of said premises and every, i part thereof, it being understood that until such default,ithe party �•; of the second part is to have possession of the premises., P,,' r r Block Twenty (20) and Lots Two (2), Three (3), Four 4 , Five (5), Six (6), Seven (7), Eight (8), Nine (9), Ten (10), Eleven (11), Twelve (12), and Y° Thirteen (13) of Block Twenty -one (21), Battle Creek Heights Plat 3, according to the plat thereof on file and of record in the office of the Register of Deeds in and for Ramsey County, Minnesota; and Block Sixteen (16) of Battle Creek Heights Plat 2, according to the plat thereof on file and of record in the office of the Register of Deeds in and for Ramsey County, Minnesota. The party of the second part, in consideration of the premises, hereby agrees to pay to the party of the first part, at the office of the Commissioner of Finance of the City of Saint Paul, located in the City Hall and Court House, Saint s Paul, Minnesota, as and for the purchase price of said premises, the sum of Two Hundred Twenty -nine Thousand, Nine Hundred Twelve and forty- three /100 Dollars ($229,912.43) in the manner and at the times following, to -wit: Twenty -two Thousand, Nine Hundred ? Ninety -one and twenty- four /100 Dollars ($22,991.2+) shall be • Y paid by the party of the second part upon execution and delivery . hereof, the receipt of which is hereby acknowledged by the party of the first part; the balance of the purchase price, the sum of s Two Hundred Six Thousand, Nine Hundred Twenty -one and nineteen /100 i Dollars ($206,921.19), shall be paid by the party of the second part unto the party of the first part in nine (9) equal annual principal installments of Twenty -two Thousand, Nine Hundred Ninety -one'` and twenty- four /100 Dollars ($22,991.2+), payable together with - interest at the rate of six per cent (6 %) per annum, both principal - h r1 and interest installments to be payable annually on the twelfth day of January, the first such annual installment on January 12, 1964, and said installments to be thereafter until the full purchase price has been nevertheless, that there is hereby granted to the second part the right and privilege of paying any 2 to be payable Dayable annually paid, provided, party of the deferred •• 4 AP11. 0149 AMENDED CONTRACT FOR DEED THIS AGREEMENT, made and entered into this day of , 1963, by and between the CITY OF SAINT PAUL, a municipal corporation, hereinafter referred to as the party of the first part, and the BATTLE CREEK DEVELOPMENT CO., a Minnesota corporation, hereinafter referred to as the party of the second part, WHEREAS, the parties hereto have heretofore, on the 12th day of January, 1963, entered into that certain Agreement designated Contract for Deed, filed for record on the 28th day of January, 1963 and recorded in Book 1830 of Ramsey County Records, Page 384, in the office of the Register of Deeds in and for Ramsey County, Minnesota; and WHHEREAS, the parties hereto are desirous of cancelling and superseding the aforesaid agreement of the 12th day of f January, 1963, and substituting in lieu and in place of said r agreement this Amended Contract for Deed, NOW, THEREFORE, the party of the first part, in consideration of the covenants and agreements of the party of the second part hereinafter contained, hereby sells and agrees 2 J to convey unto the party of the second part, its successors and assigns, by warranty deed, consistent with the provisions of this Contract, accompanied by an abstract evidencing good title in the art of the first art as of the 28th day of December 1962, upon prompt and full performance by the party of the second:- • .fix part of its part of this agreement, the tracts or parcels of land lying and being in the County of Ramsey and State of Minnesota described as follows, to -wit: 1 r - I i instalLments or multiple thereof, plus interest, as aforesaid, in advance of the time specified for paymer.t thereof, advance payments to include interest to the date of such payments only. The party of the second part further covenants and agrees as follows: to pay, before penalty attaches thereto, all taxes due and payable in the year 1964 and all special assessments hereafter levied in respect to the above described. premises. Also, that any buildings and improvements which shall hereafter be erected, placed or made thereon shall not be removed therefrom, but shall be and remain the property of the party of the first part until this agreement shall be fully performed by the party of the second part; and at its expense, to keep any and all buildings which shall hereafter be erected or placed on said premises at all times insured in some reliable insurance company or companies to be approved by the party of the first part against loss by fire and windstorm, for a sum not less than the then unpaid purchase price hereunder or the insurable value of the buildings, whichever is the lesser, which insurance shall be payable to the party of the first part; and in case of loss, should there be any surplus above and over the principal then r- owing the party of the first part, the balance shall be paid to the party of the second part as its interest shall appear y; and to deposit with the party of the first part, the policies evidencing such insurance; however, none of the terms, conditions or provisions contained in this sentence shall apply to any tract or parcel of land conveyed hereunder, by warranty deed, to the party of the second part. But should the party of the second part fail to pay any items to be paid by the party of the second part under the terms of this paragraph, the same may be paid by the party of the first part and shall forthwith be payable, with interest thereon at the rate of six per cent.'(6 %) per annum, as an additional amount due the party of the.-first part under this Contract. 3 L l � 3TAIR Or )InXU 0TA a/. CoMfff CY RAIMY on th" 23rd dy of Januar , 196% before ae, a s�o6ar! VuUio �titb3 i'ep sai , p appeared oeorp d. Yairo►n11s, Josepb d. Nitahell, aAd AWG N- o I fonellr to we piersa MIU knotin, oho beift eaioh by as *AU sworn, did $ yr that are retpeotively the err the City Comtrol],er, and the Oi Clark Of the City of 3�t Pixedi sOtdr. to in tip. foregoing Instro�t a a" that the instrurent is the and a►alld ebeha f said City that "id at && at !a�►i lnstx'essents siQrd _ by authority irnt Covaail tilt �.148,opaased cad ai tb• City of :faint ra�anuar 1 said ifyor, CityOCQI the 11th et Y ' saJA instVM"tait City Co�trel er, and City e be the ae�t and deed of "id City of Saint , � resolution. i6itww MILS, Ramey 00=1w, VAMO N/ connissioa ucpirsn JEANNE M. ANCERT Notary PnE'� -, a . :•y Caunty, Minn. My Cr, r:,r —:ion [.mires Jury 9, 1966 .TATS OF XIMUMA Comm OF RAMY I ,sa • ( j 12th MW of January r 1963,1 borarQ ■er a notate publio wjjEVrWUf0r oaiTi Eiff s 910"Ow fly 8 Glen A. Murra aDd Ever t a C i to rn, w -- ''g��� sNasn sa3r that they are rodpdatint 6 aldent�aitlde hn � �atr Battle Croon ievelopme and that tb�e $eal affixed to said instrment is tM corporate said of saw corporation, WA that �'d ri! ite � ol=dHireotora in behalf of +laid ooapo y gA aid Glen A. Murray- _- avid Ev e .. ..... �.� . m ed or ooav corporation. (.1 /, 3QtAP1 ftblio, ftwey Comtsy, Minn. Approved as to form and execution this �?_`�� -day of -19 &' My Assistant Corporation Counsti iV i .t Ti t. t t L .016 No y I j loo ImamAla MR= TIJAVEI t I Qy 1• ipauS ;saa�una� / 1 . 1. jo soussa as uZ 'u$441.,m oA*gv aej;j ays A pint Aag Wta P JJ*B wgune. Oq eq og Yvan s+guiod ioo sq, pu'a &rsgsaaz *aq sgj Pus 3usp1swd sgT Aq 994nooze aq og uguesead *Oa q posnuo eW4 VVd PU0065 $u4 S0 AJVd W4 pUV (VQJgg;ajA anog7l 49s ;3 . 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