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07-685Return copy to: (BJE) PW/Technical Services — Real Estate 1000 City Aall Annex Council File # Green Sheet # RESOLUTION CfTY OF SAfNT PAUL, MINNESOTA Presented By D ?-6�s 3041817 �� 2 WFIEREAS, the Goodin Company ("Goodin") is the owner of property at 285 Como Avenue, in Saint 3 Paul; and 5 WI�EREAS, Goodin has granted the City of Saint Paul ("City") a permanent easement for utility purposes, 6 attached hereto as Exhibit "I", which is required by the City as a condition to approve a site plan for 7 improvements to the Goodin property; now, therefore be it 9 RESOLVED, that the Mayar and Council of the City of Saint Paul do hereby accept said easement and a11 l0 terms and conditions contained therein; and authorize and direct ihe proper city officials to file said ri easement with the Ramsey County Recorder's Office. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 6 Requested by the Department of: Adopted by Council: Date �jD/�ad07 Adoption Certified by Council S rce etary B - � Approved a : Dat 6 By: Public Works Bv: .�c�lc���t�� Director Form : : by City for Submission to Council G:1Rea1 Eatafe\Vacalious�20fq\07-G02 — 399 Ruth Streed07 Q02 Resolution doc 27 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet D 7 ���� p\A/ -Pubtic works Contad Person 8 Phone: Bruce Ergeibrekt 266-8854 Must Be on Council Aqen Dx. Type: RESOLUTION E-Document Required: Y Document Contact: BruCe Engelbrekt Con Wct Phone: 266-8554 16JUL-07 � 0 Assign 1 Numher Z For Routing 3 o.der 4 5 Total # of Signature Pages _(Clip All Locations for Signature) Green Sheet NO: 3041817 blicWorks De artmentD'uec[or " Clerk CI Clerk Request acceptance of a permanent utility easement upon Goodin Company property at 285 Como Avenue itlations: Approve (A) or R Planning Commission CIB Committee Cfvil Service Commission 1, Has this personffirm ever worked under a contract for this deparfment? Yes No 2. Has this persoNfirtn ever been a city employee? Yes No 3. Does this person/firm possess a skill not normaily possessed by any current ciiy empioyee? Yes No Explain all yes answers on separete sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): AdvanWges If Approved: The site plan may be approved. The existing sewer on the private proper[y will be properly dedicated as public. � DisadvanWges If Approved: None , ,� r! � . . <.i ��:�` ���� �d����� Disadvantages If Not Approved: - The existing public sewer line on the private proper[y will be protected by an easement. The site plan may not be approved. TransaGtion: $� Funding Source: Financial Information: (Explain) Activiry Number: -�.., .7 �. - � �.. . �. . . -,. � �" � � :'. CosURevenue Budgeted: July 16, 2007 129 PM Page 1 � � �SS� �xl��b��� � DEDICATION OF EASEMENT FOR ITTILITY PURPOSES Goodin Comuany , Grantor, for good and valuable consideration, to them in hand paid and the receipt of which is hereby acknowledged, does hereby grant, bazgain, sell and convey to the Czty of Saint Paul, a municipal corporation of the State of Minnesota, its successors, and assigns, as Grantee, a permanent easement for utility puxposes on, over, under and across ehe following tract of land being situate in the County of Ramsey, State of Minnesota, described as follows: See attached E�ibit "A" To have and to hold the same forever. The Grantor does covenant that it is well seized in fee of the land and premises aforesaid, and has good right to sell and convey the same free of all encumbrances. That Grantor also covenants that Grantor has quiet and peaceable possession of the property upon which the easement is granted. The Grantor wili warrant and defend against all persons lawfuiiy claiming the whole or any part thereof, subject to encumbrances, if any, hereinbefore mentioned. It is intended and agreed that this agreement shall be a covenant running with the land and shall be binding to the fullest extent of the ]aw and equity for the benefit of the publia lC is further intended and a$reed that this agreemenY and covenant shall remain in effect without limitation as to time. ��-��.s IN T`ESTIlVIONY WHEREOF, the Grantor has caused this deed to be executed in its corporate name by its duly authorized officers, and attested to this S�- day of C3,,,Qv� , 2007. –�--�— STATE OF MINNESOTA COUNTY OF RAMSEY � ss GranYOr: / By Its [� � p The foregoing was acknowledged before me this �'h day of ��, 2007 bY � V'lC.G �J�l� OLO�P �/ �n a v� c) the l�i�. This Ins7ument was drafted by: City of Saint Paul Public Works/Technical Services—Real Estate Room 1000, City Hal] An�ex 25 West Fourth Street Sain[ Paul, MN 55 ]02 ;k'dDAF.�Is!i#r�� !��T �G�LlC— �EV CaXf'IY`. ��il cHM�. � •�5�� G Vteal Estate\Vawtio�s�2007U1"/-C-04 — Goociin Co. Swr EsmtW] C.04.UriliryFSmt�3oc r ..•, Gxt�i (�it n�„ A 30.00 font easement for utility piuposes over, under and across the follommg descnbed property: DESCRIPTION Commencing at a poiat on the north ]ine of Section 3b, Tovmsbip 29, Range 23 West of the Foucth Prmcipat Meridian where the center Iine of Elfelt S¢eet (as said street vas Heretofnce e�dsted} iutersects the nor�h line of said Seccion 36 and nu�ning from said point, east on the aor5i line of said Secrion 36, 623 feet to an ixon monument; tbence swihwesterly in a saa4ght Ime 546.06 feet more or less to an "son moaumem on ffie northerly line o£ Como Avenue in the City of St. Paut, wluch is dictant 130 feet soirthheastedy finm the southcasterly comer of I,ot S, P. Reil1y's S�division "A' ; thence zunning northwestealy along the northerly ]me of said Como Avenue433.95 feet m�e or less to the poiai of mteisecfion wiYh the centerliae of said Elfelt SRee� thence noith along sai.d cettter line of Elfelt Street 197.57 feet more or Iess to the point of commencement, mgether with an easemeeott for irackage pmposes over and upon that pohion oftfie adjoming land lying easterly of said 3and fiereby conveyed owned oc formerly ow¢ed by one Farl Brown and which is now occnpied by a mi(way sp� aack wtuch enters the said land h�einabove described at the norihessterly comer therao� so long as the same is maintained and used Tm hackagaPurposes, said easement havmg been granted 'm a.cerhain deed firom said Earle Brown and Cswen F. Brown, lsis wife, dated March 76, 1929, excegY the tract or ttacts of]artd descn'bed as Follows: Commeacing aT the sotuheasterly comer of Lot 5, P. ReilIy's Subciivision "A ; thence northeasterly along tfie line dividing Lots 4 and 5 of said P. Reilty's Sni�vision "A" a disfance of I ISS� feet to the nortIieast comes oft,ot S of P. Reiily's Subdivision "A' ; fhence wntinuing Northeasterly az an �gle to the left of 7° 45' a distance of 4.54 feetto an iron monument; thence southeasterly and paialleF with Uie northedy line of Como Avemie on a line located 120 feet noztheasterly from and pacallel tn said Como Avenue for a disCance of 60.b1 feet to mm iron monumeut; thence northeasterly at right angles oa a line paraIlel with thc southeasterly lme of said Lot 5 of P. Rei!]ps Subdivisi� °A" exrended a distanoe of43 feet to aa iron monumen� fheaca sowheastezly at right angles and pa�allel wiffi the nariherly line of Como Avenue a dismnce of 49.81 feet ta an irun monument aa the eastErly line of tLe properly above descAfbed, which line runs sotrthwesterlqto Como Avenue from a point on the uorth E'ute of Secrion 36, 623 feet east ofthe center line ofElfek S�ee� thence �ouWwesterly atong said ]ine 16626 feet more or less W the iron monument on the northe�ly Iine of Como Avewe 130 feet so¢#heastedy from said southeasEerly comer of i,ot 5, P. Reill}rs Subdivision "A"; thence mm�ing narthwestazly along ssid nrntfierly line of Como A v�ue 130 feet to said point of commencan�t of the uzct of land hereby e:tcepied, also except fha southeastorly 16 feat of Lnt 5, P. ReIDy's Subdivisiun "A", and said hact of landhemin conveyed being; Subject, however, tn the rights of the City of St. Paul for easemeat pvr�oses in and to the West 1D feet of fhe tract couveyed aad fiuiher subject W an easement for uackage parposes (so tong as fhe same is maintamed and used far such purposes) upon �d ova d�at pottion oft6e hact herein conveyed which is now occupieA by a ralway spur track wtucfi entecs said tract of 3and on the eastedy side ffiereof from the land lyiag immediately easterly tLereof and now or formaly owned by one Farla Brown and wluch spw� aack, after crossing mto the land hecein conveyed, then leads back to said adjainingpremises, wlrich easement is ieserved'm a cecffiin deed fram said Rarle Brown attd Gwen F. Brown,lus wife, dated March 16, 5924 and fiuYLer subject to easement for sewu pnrposes to City of ST Pavl. The centerline o£30.00 foot easement is described as fuIIows: Commencing at a pomt ua tlie norih line of 3ection 36, Township 29, Range 23 West of the Fourth P�mcipal Meridian where the cen#er line of Elfelt Street (as said street has heretofore existed} intersects the north line of said Section 36; thence 89 flegrees 24 minutes 30 seconds Fast on an assumedbeariug along saidnorth line of Sectinn 36 a distance of 364.bI feet to the point of beg'v�ning; thence South DU degrees 23 minutes 1$ seconds East a distance of 32332 fe� W the Southerly properry liae andthe pomt of teimination. T6e sideliaes of said easemeat to extend or terminate an said north tine of Ssction 36, aad said southerly property (ine. Engineering � P/anning = 5urveying �RA m4s frank Roos Assoctaies, (nc. UTILITY EASEMENT 1 �� i �mE UNS � W � W � � � J W I W � �ntamsa. er tne Nortn m< cf Smcw 36 ona Me /C.nteriine of Elfdt Shee: / (Pam[ at Commenammt) xartn cmc of Sec 36. NO SCALE 1 E ` , �� W N J �� r � , � + � ' � �� � / /. O � � � � \ 9 �� ''... � '�U � \\ ��% ' � � � \ \ � \ \ \ \ �i 14800 28fh Avenue Nodh, Suite 140 • Piymouth, Minnesota • 55447 An EqUai Opportun�ry Employer phone763/476-6010 • faz763/47ff-8532 • e-mad miraG�ml2.com