207381ORIGINAL TO f;jrV CLERK.
�+'
PRESENTED BY
COMMISSIONER
CITY OF ST. PAUL COUNCIL NO.
OFFICE OF THE CITY CLERK FILE
COUNCIL RESOLUTION — GENERAL FORM '
RESOLVED, That the proper City officers are hereby
authorized and directed to execute an agreement for easement
for drainage ditch granted by the Chicago, Rock Island and
Pacific Railroad Company to the City of Saint Paul, upon the
terms and conditions set forth in the attached agreement,
marked Exhibit "A" and incorporated herein by reference.
COUNCILMEN
Yeas Nays
DeCourey
I Rand
Loss
Mortinson
Peterson
Rosen
6_61
zl__�
In Favor
Against
Council File No. 207381 — By Milton
Rosen— 1
Resolved, That the proper City
officers are hereby authorized and di-
rected to execute an agreement for
easement for drainage ditch granted by
the Chicago, Rock Island and Pacific
Railroad Company to the City of Saint
Paul, upon the terms and conditions
set forth in the attached agreement,
marked Exhibit "A" and incorporated
herein by reference.
Adopted by the Council May 25, 1962.
Approved May 25, 1982..
(June 2, 1962)
Adopted by the Coun
MAY 2 5 1962
MAY 2 5 1962
9
A nnrnvPd 19—
Mayor
SM
t`w
C', .-
THIS INDUTMI +(IMSSM, That CHIOAGO, ROCK 151"D J43D PACIFIC R;, RW
CCHFAi11Y, a Delaware corporation, for and in consideration of the sum of One and! . ' I
( ;1.00) DOLUR and other good and valuable considerations, paid to it by the CITY O�
SAINT PAUL, Ramsey County, Minnesota, the receipt whereof is hereby acknowledged,
hereby grants and dedioates unto the said CITY OF SAINT PAUL, Ramsoy County, Minnesota,
subject to the terns, conditions and restrictions hersinaftor set forth, an easement
for the oonstruction and maiatensmoe of a drainage ditch upon the following described
tract of land situated in the City of St. Paul, Rausey County, Minnesota, said tract
of land being sort fully described as follows:
That part of Let 4, Block 16 Damall and Spencer's Addition
to Brookl.yad lying Southerly of s line described ae begin-
ning at the intersection of the Southeasterly line of said
Block 16 and the old levee lass and tbance 1*aring south-
westerly to a point on the Northwesterly line of Lot 1 in
said Block 16 at a distance of 62 feet Northeasterly of the
Southwesterly line of said Bloch 16; and lying Northerly of
aline 10 feet Northerly frog and parallel to the center
like of the. Mortherly spar track crossing said Lot 4.
This easeisent is granted upon the following conditions.
A. The _land herein granted shall be used for the purposo of construction,
asinteassoe, operation, patrol acrd repair of a drainage ditch and for no other purpose
and it is agreed by the Grantee that if -the said drainage ditch shall ever be abau-
dosed, the -save shall revert to the Grantor, its successors or assigns.
B. Grantee shall neither do nor mdfar anything to be done which will in
any smaner ispair the usefulness or safety of the tracks of Grantor or of such tracks
as it try in the f1atvre ooaetract. All other property rights of Grantor in and to
*0 prrsiess Not is conflict with the rights 1eriii granted to said Grant** are
sale*asly reserved by grantor.
C. The Graste* or its agents or Contractors - shall oonstruct said drainage
ditch at its sole cost acrd *3*em a is accordance with plane and specific0ione and
profile* first submitted to and approved by the Chief =ngineer of Grantor and Grante9
shall not proceed with the construction of the drainage ditch on the above doe -
cr�bed property of the Grantor until such approval shall have been obtained in
writing. Grantee shall file with the Grantor for its permanent retention two copies
of all plains, speciftoaticai and profiles pertaining to the draintge ditch at time
losatied above descritisd.
D. Grantee will Sire ample written notice to Grantor before it shall
oosnenoe the constrnation, , sainatenance, .operation, patrol and repair of the said
drainage ditch prior to say construction work or repair work which requires 0zuwa-
ties or breaking the surface of right of way is order that Grantor any have one or
sore representatives present to insure satisfactory performance of the work. If
Or!►utor ' s representative shall deems the method adopted by Grantee to be rot satis-
fastery,tie proper .method shall be subject to adjustment between they Chief Engineer
of the Oraator and teas Zngineer of the Grantee.
` O. 'fie Grantee shall. assume and ldar the cost of all, protection including
Ift rP structures, which this Chief Angl.neer of the Grantor say deem necessary to
safe guard the buildings, retalaixg wells, tracks, culverts, signals, bridges and
telegraph aa& telephane Mires and. polsi ,sad other fixtures and strVictures of the
,Grantor, its .successors and assigns, And the use and operation thereof driring the
osr.struation, main.twmace, operation, petrel ,and repair of the drainage ditch. They
Grantee covenants and agrsen to*pq to the Grantor upon rendition of bills therofor,
cost and expense to the Grantor, its waooessors and assigns, of all work that say be
be necessary by reason of the -construction, Maintenance, operation, patrol and repair
of said drainago ditch, including but not limited to the cost of flagging.
t. The Grantor herein retains the right to raise or lower the Grantor's
existing track or track* and the right to construct and raise or lover any track or
tracks which are constructed subsequent to the *zeontion of this instrument to what-
ever elevation Grantor may deem to be deiirablo.
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G. The Grantee herein mimed will, at said Grantee'a own expenso, I;rovid
for and in behalf of said Grantor, policies of insurance in a Cony or companies
to bo approved by the said Grantor and in fors satisfactory to the said Grantor,
insuring the said Grantor, its agents and employees, against the liability imposad
upon Grantor or Grantor's employees by law, by reason of bodily injury to or death
of persons (including the Grantee's officers, agents and employees, Contractors or
sub - contractors or designees or others on or about the property of the said Grantor)
and against injury to or destruction of property resulting in any manner from the
,operation or presence -of Grantee, Grantee's contractors or sub-contractors or
designees on the promises of the said Grantor or the presence of the said Grantee,
Grant" to equipment, agents, employees or the equipment of any contractor, sub-
contractor or designees or maployase thereof. The insurance cover&" shell bo pro-
vided in the following amounts:
Public Liability Insurance against bodily injury or death
$2550,000.00 for each person..
$540,000.40 for each occurance
Property DftmeCe Liability Insurance
$2550,000.00 for the property of each person
$500,044.00 for each oceurance
A copy of each policy so required shall be delivered . to and approved by
the Chief XnCingpr of the Grantor before Grantee enters upon the property herein-
before described.
The foregoing insurance provisions shall not be applicable When construc-
tion or maintenance is performed by Grantee's regularly employed personnel. Tho fora-
going insurance provisions shall be applicable when such construction or maintenance
'is performed by person* or firms on a contractual basis.
H. It iq.expresely understood and agreed that any Work perf.oread on tho
ebhve- described property that shall be done within Twelve (12) feet of the center
..line of the track of the said Grantor. will require flagging protection and tL
Grantee herein shall give apple notice in writing to the Grantor whenever such
work shall, be ,performed within Trslva (12) feet of the track center line and
Grantor shall provide flagging protection and Grantee shall reimburse tho Grantor
for the cost and expense thereby incurred.
I. It is further agreed that the Grantee shall have the right to "rmit
the United !States. Army 'Corps of Engineers, its contractors or agents, to enter upon
the above described property for the purpose of constructing and maintaining a loves
and the appurtenances thereto.
Notwithstanding any other provision of this instrtment, Grantor shall in
so event incur liability to Grantee for 'failure of or defect in the title or estate
of Orantor in and to the pro$*rty abovo described.
This Aareeient Gad all of the torus and conditions herein ocntained shall
inure to the bandit of and be binding span the respective successors and assigns
of the parties hereto and shall tale effect as of the date of execution of this
instrument and stall continue in full force and effect so long as the Grantee shall
maintain the drainage ditch through and along the sasexent herein granted.
M WIT 83 VHYJ DOS, the parties hereto havi caused these presonta to be
executed by their duly authorized officers this day of A -D.,
19
ATTEST :
scretary
ATTEST:
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CHICAGO, ROCK ISIAIM AND PACIFIC
RAILROAD COWAN
ea state an suc Comaissio'�ner
CITT OF SAIltT PAUL, RWIrX COUNTY,
M IMSOTA
By
STATY 01! ILL110I8
s8
OWN" or 0 0 o s )
On tbis daw of , . 19, before as ,
a Notary Public in Zal. for C' y. cis, personally appeared R. . Ro�►c-h-
and to as Personally iaovn, who being by as dull sworn, did may
tha they are reepootively the Mal Nstate gal Tax Commissioner and Beorctsxy
of said CRICAGO, ROCK ISLAND AND PACITIC RAILROAD OWFA14T and that the aea1 affixed
to said instrument ie the Mal of mid corporation, and that said instrument was
signed and sealed by and in bokalf ..ef said corporation by authority of its Board of
Director* &ad that Gale N.11, ]k"Ch gad acknowledged thn execution of
said instrument to be the voluntary act r#icc1 o7_said corporation by it role u-
tarily exeouted.
otary Public
Aq COMIOG ea sxpirest
WATS Of 14ISNNS02A
COUM 07 It A N i 2 T
Ois this day of . 19 before to, a ,Notary Public
vithia am for eairCousty. persau� oppim od and
to N yerssnally.knovn, who. being m y me y sworn did say that
ey are rsapeotiwela the and
of the OITY OF SAINT TAM, lassoy aounty, XG–m—eso7a and irmt ;jid instrument was
signed and sealed is bebalf of said CITY OS DAINT 'PAUL, Asassy Comty, Minnesota
and -said and acknowledged the said
imstrueat to the Free rat and deed-07 deed-07 as l ari y.
My Commission exptrest
otary bire