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205951ORIGINAL TO CITY CLERK CITY OF $T. PAUL FILE NCIL N OFFICE OF THE CITY CLERK UNCP RESOLUTION — GENERAL FORM PRESENTED BY COMM SSWNE DATE RESOLVED, that the proposed grant of., ,temporary easements for the accommodation of the City's construction of the Elway Street Bridge, by Northern States Power Company for the City of Saint Paul in consideration of the payment by the City to said company of the sum of $470.00 hereby is approved and the proper City officers hereby are authorized to pay said sum 'on suchaecount to said company from PIR Fund L- 6170 -11., said grant of easement being herewith exhibited and a copy of the same being here- with filed, said amount of $470.00 as charged against PIR Fund L- 6170 -11 to be reimbursed from Municipal State Aid. COUNCILMEN Yeas Nays DeCourcy Holland Loss Mortinson Peterson - Rosen EM 5.60 2 `� Iry Council File No. 205951 —By Bernard T. Holland — Resolved, That the proposed of temporary easements for the accom- modation of the City's .construction of the Elway Street Bridge, by Northern States Power Company for the City of Saint Paul in consideration of the payment by the City to said company of the sum of $47040 hereby is approved and the proper City officers hereby are authorized to pay said sum on such account .to said company from PIR' Fund L- 6170 -11, said grant of easement . being herewith exhibited and a copy' of the same being herewith 'filed, said amount of $470.00 as charged against PIR Fund L-6170 -11 to be reimbursed from Municipal State Aid. Adopted by the Council February 14, 1962. Approved February 14, 1962. (February 17, 1962) In Favor \ /Against �J,B 141962 Adopted by the Council 19 FF614196Z Approved 19— Acting Mayor THIS INDENTURE, Mode this 8th day-of February„ 19520 between Northern States Power Company; m corporation under the laws of the ,5We of - Ninnesota,# party -_off'' the.*first,part, a►nd the City of Saint Paul# a Minnesota municipal corporation, of the County of Ramsey and Utrate of Minnesota, panty of the second party 1TNES5ZxH, That said party of tho first part, in consider- ation of the sum of Four Hundred Seventy and no /19® (C470,,00) Dollars,, to it in hand paid by the said party of the second, party the receipt whereof is hereby ucknowledged; does - horeby Grant and Convey unto said party of the second part and Its-Assigns the following doscribed- easements in the tracts or paroela of lend lying and being in the' County of Ramsey'and State of hi.nnesota, desoribed as fellows, to -wit: (1) A temporary easement for bridge eonatrucxtion pur- poses in conjunction therewith and to facilitate said City's construction of its proposed Away Stroat 43rld;,,a on adjacent premises on, overt and across-that ,pert bf" Government Lot 3 -in the 1414' of -thee SWJ of Section 14, Township 28, Range 23, the boundary lines xhsreof are described as follows; Commencing at a point 395 feet south of .the northerly line of said $14 and 80 feat �d� east of the weeterly line of aaid'S; thence southerly on a lino that is parallel to and.60 feet easterly from the westerly line of the 51-ii-to. the northwesterly line of the Chicago, Mllw aukee, Pt. ,Paul and Pacific Railroad Company right -of -war; thence northeasterly along bald night -of -Way line a distance of 110 feet- thence south - westerly to the point of be,gi.nning. Suck casement shall ; be operative for the period of time April 1p 1962: to tipril 1, 1565. (2) 'An additional temporary easemont.- far 'egress► there - from and ingress thereto., and for the purpose In oon j unc- tion therewith and to facilitate said City's construction on adjaoent premises of its proposed ':1way Street Bridge and during the oonstruotion of such proposed W3wny Street said additional temporary otaeement to affect and coyer a 20 foot wide strip of land and the center line of tho 5cL\rAe. being described as follows; Beginning at t!^- south line of Montreal ,Avenue and -approximately 170 feet east.of the extended east line of Elway Street; thonco bearing southerly along an existing trall;,to,the northerly right- of-way ling =of the P. R.-Go.; thence orossing said railroad right-of-way and-bearing southwesterly on a straight line to the westerly propertyyline of the Northern States Powor,Oompany with said straight line approximately described. as intersecting a-point 48, feet northwesterly from the most northerly corner of the fenced enclosure belonging'to the .Northern Statoe Power Qompany, measured at right abglba from the_norrthwesterly line thereof and also interseoting ,a point 34 feet north-,- westerly %from the northwesat side of ,bald enclosure at a d3$.t4rioa of 60 feet northeasterly front: the southwest corner of said. enolcaure being -part- of the 84P ,Soo. 14 - x'28,. Vtg3, such additional 64s©ment shall be operative for the period of time from April X, 1962 to April -1,. 1964. , • k Provided that anyvroadd established b ° said second party within any area of said la' described i�ddi�ional -enaer�erit shall ibbe maintained a distance of, at least thirty feet from said first "parties• existing fence "surrounding it s., building- oil a'd jaoent premises# that any suoh road 'shall 'bypass the existing southerly gate,in the adjacent railroad crossing$ that the northerly gate in said railroad. aross�.ng shall' bb maintained with a double look and closed when neither said second party nor its' bontractor shall be engaged In the use of said ea ement her under that said second party upon tha termtnation of each said easement.ahall remove all fill placed by said second _ party thsz -eon and restore the subject,area to the condition of the some whioh-pertained, thereto immediately prior to said second pFartiesi'- entrance thereon hereunder ;, and that no ,00ntractor of said second party shall con4W ducat any operation In any part of iaither of said, easement areas" unless and until said contractor shall have mat reasonable re- ` quirements of said first party for said contractors' furnishing, and maintenance, . during the period or the subject bridge con- struction work :bl:: public liability insurance indemnifying said contractor, said first party, and said second party against liability on account of injury to person and /or ppropertyy re .sultant from said contractorst operations connected with the eon - atruction of said bridge, IN TESTIMONY WMME4F, the acid, first party hart" caused these ,presents to be- executed in its .corporate name by.-its under- 'signed proper officers. In presence cif '• yam'- • ,'1'f.�� ` 1 ` ^• .. ` - � • ;� •�• ? , - - , • - ' •'_ ' • • -, 4n this :Fobty, '18� -bef'or6 m$, Notary ..w,a.r.r...�,i • Fubllo within, and, tOO said Ootihty, personp.11y appeared _ tm UO}4aT.Ir..�.iF+ f+h ALY • V^ -` i . - , e to me personally knowin, *rho* bein ' aach, by me duly sworn, did -any that they are' respectively the ...___��._.. ..,.:.._.. President and the of . the : corporation' , n=od in tho - f'oregbi`nS4 Inerrument t', -and that the Beal of fixod ; _ to said ir�at�tuaent . is the t�c�rporaxo seal of said `aprp;��tican ` } and - that'.•said'- Initrument was si e4 nd sealed in - behalf of said , c oiporativn by euthorlty 6r Its Board Of .,.._,_....:.;��:�..:._ � ..L......:.." -.sand said and = aa,kno ed Od sAid instrument. to. be the. b ee abt odd need of said ` _ corporation. iiot y, Publio v : FnzdeY County Minn. 14y _ dommissign ezp1ree. iLA