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1891521 z, ORIG4NAL 10 CITY CLERK 4 � PRESENTED BY COMMISSIONI CITY OF ST. PAUL OFFICE OF THE CITY CLERK K t AE5OLUTION- GENERAL FO COUNCIL 18' 9 -152 ^. FILE. NO. c 1 Council File No. 189152 --By Adrian P. Winkel —, Resolved, Upon consideration of the report and recommendation of the Commissioner of Public Works_ this RESOLVED, upon consideration of the report and recommendation of the Commissioner of Public Works, this Council being thereby and otherwise fully advised in the premises, that said Council hereby finds that the pro- visions of that certain Agreement by and between City of Saint Paul. and American Hoist & Derrick Company, dated the 31st day of January, 1949, contained in paragraph numbered "31' of the same, for the conveyance by said Company to said City of unimproved lased situate in the City of Saint Paul, County of Ramsey, State of Minnesota, described as follows, to -wit: "Lots 4, 5, and 6, Block 1, Marshall's Addition to West Saint Paul, according to the recorded plat. thereof on file and of record in the office of the Register of Deeds-in and for County of Ramsey, State of Minnesota, tegether with any accretion riverward to the new harbor line" have not been executed or,_given operative effect in any manner or.-degree, and that the public purposes thereby contemplated to be served have been otherwise adequately accomplished; that said Council further finds that there exists a greater and more urgent public purpose to be served by the acquisition and exercise of a perpetual public easement for flood control and kindred purposes, proposed to be conveyed by said Company to said City, in lieu of said hereinabove described unimproved land and accretions and of appreciably greater value and public utility, which perpetual public easement is.described as follows, to -wit: A perpetual public easement for the construction, maintenance,.and operation upon the subject lands by said City and /or the United States of .America represented by United States Corps of Engineers, Department of the Army, or other Federal governmental agency having cognizance, of a Flood Wall Dyke within said City of Saint Paul, County of Ramsey and State of Minnesota, the center line of such perpetual- public easement and the width thereof:being described as follows: COUNCILMEN Nays DeCourcy Holland Mortinson Peterson iRosen,.` Winkel Mr. President, Dillon 5M 5•ss cOMROD2 In Favor Against Adopted by the Council 19— Approved 19— Mayor 189152 Commencing at a point which is the northeasterly corner of Block 6, Marshall's Addition to the f City of St. Paul; thence northeasterly along a line which is the northwesterly line of said Block 6 produced a distance of 30.31 feet to the center line of State Street; thence North 230 25' West along the center line of State Street a distance of 245.0 feet;-thence South 670 222' West a distance of 230.6 feet to the point of beginning on the easterly line of Lot 4, Block 1, of Marshall's Addition to West St. Paul as extended northerly, said ,point of beginning being designated as Point "A ", thence South 670 222' West a distance of 170.6 feet to Point "B"; thence South 670 222'' West -a distance of 64.8 feet-to Point "C ": thence South 760 44' West a distance'oi 328.52 feet to Point "D "; thence South 580 49' West a distance of 565.8 feetito Point °E "; thence South 500 ,42'.. -West a distance of 179.5.1 feet to Point "F"; thence South 540 21' West a distance of 85.77 feet to Point "G";' thence South 590 022' West a distance of 326.18 feet to Point "H"; the terminus of the easement, which is on the southwesterly line of Lot 1, Block 3, Bazille & Roberts Addition produced northwesterly a distance of 341.0 feet from the north- westerly corner of said Lot'`l. . The easement shall be 150 feet-iri'.,width, 75 feet each side of the previously described center line between Points "A" and "B ", and 40 feet in width, 20 feet each side of the center line between Points "B" and "H"; together with an additional perpetual public easement in the nature of the right of ingress and egress to said above described perpetual public easement and said subject lands over .adjacent lands of said Company, including the right to traverse such lands of said Company without unnecessary interference with said Company's manufacturing activities thereon, from time to time as shall be reasonably necessary for the exercise of said hereinabove described perpetual public easement, for its said purposes; provided that in the grant of said easement said Company may reserve - -- 1) the right to.mai.ntain and use its railroad tracks and its roadway notwithstanding that they may lie in whole or in part within the prescribed limits of said easement; and 2) to the extent that the exercise thereof will not unduly interfere with the construction, maintenance and operation of said flood control facilities, the right of access across said easement to present or future dock facilities on the Mississippi River, and the right of occupancy of the space within the ease- ment limits; -2- r11, ORDINAL TO C1'fY CLERK - �Ml CITY OF ST. PAUL FILENCIL NO. OFFICE OF THE CITY CLERK COUNCIL RESOLUTION - GENERAL FORM PRESENTED BY COMMISSIONER DATE that said Council further finds that said proposal should be accepted and, accordingly that said Agreement should be amended so that the same shall provide for the substitution therein of provisions for such proposed conveyance of said perpetual public easement, by said Company to said City, in lieu of said provisions therein, for the conveyance of said first hereinabove described unimproved land and accretions contained in said paragraph 3 of the same; RESOLVED FURTHER., that such proposed amendment of said Agreement hereby is approved and authorized and that the proper City officers, in behalf of said City, hereby are authorized to execute any and all amendatory instruments for said purpose as shall be approved by the Corporation Counsel, together with a quitclaim deed by said City, as Grantor, to said Company, as Grantee, quitclaiming and conveying all interest in and 1h—said hereinabove first described unimproved land and accretions, such quitclaim deed to be delivered by said City to said Company coincident with the delivery by said Company to said City of a deed by said Company, as Grantor, to said City as Grantee, warranting and conveying unto said City said perpetual public easement and a good and sufficient title to the same approved as to form and execution by the Corporation Counsel; RESOLVED FURTHER, that additional to all -other provisions of the same, any such - amendatory instrument by apt language mad provide . for minor variations in the description of the aforesaid perpetual public easement which may be found necessary to accommodate the construction, maintenance, or operation of any such flood control facilities according to the prospective final plans for the same. COUNCILMEN Yeas Nays DeCourey Holland Mortinson Peterson Rosen -. Winkel Mr. President, Dillon 5M 5.58 Q ' r -3- SEP 16 1958 Adopted by the Council 19— SF P H 1958 PUBJ,ISHEDL_a ,O_ � AGREEMENT This memorandum of agreement between the City of Saint Paul, a municipal corporation of the State of Minnesota, herein- after referred to as the City, and American Hoist & Derrick Company, a Delaware corporation, hereinafter referred to as the Company - WITNESSETH WHEREAS,, , in aid of the Saint Paul Harbor project of the United States, the parties hereto entered into a written agree- ment dated the 31st day of January, 1949a wherein among other things; the Company agreed by Paragraph 3 of said agreement to convey to the City of Saint Paul, Lots 4, 5 and 6, Block 1, Marshallts Addition to West Saint Paul, together with any accre�- tion riverward to the new harbor line for the purposes in said agreement expressed, and. WHEREAS; the aforesaid lots have not been conveyed to the City but the purposes motivating the acquisition of said lots by the City have been accomplished, and_ WHEREAS, the Company in its expanding operations has need for said lots, and WHEREAS, the City finds that there exists an urgent need for a perpetual public easement over lands of the Company for flood control and kindred purposes to the extent hereinafter set forth, NOW THEREFORE, the parties.hereto mutually agree as follows: 1) That Paragraph 3 of said agreement of January 31, 1949 is deleted in its entirety; 2) That in substitution of said Paragraph 3, the follow-.­, ng is inserted in paid agreement: I'The Company will grant to the City and /or the United States of America, represented by the United States Corps of :Engineers, Department of the Army, or other Federal governmental agency having cognizance, a per- petual public easement, nonexclusive to the extent hereinafter recited, for the construction, maintenance and operation of a flood wall, the center line of such perpetual public easement and the width thereof being described.'as follows: Commencing at a point which is the northeasterly. corner of Block 6,, Marshall's Addition to West Saint Paul; thence northeasterly along a line which is the northwesterly line of said Block 6 produced a distance of 30.31 feet t8 the center line of State Street; thence North 23 25' West along the center line of State Street a distance of 245.0 feet; thence South 670 22f' West a distance of 230.6 feet to the point of begin- ping on the easterly line of Lot 4, Block 1, of MarshalVz Addition to West Saint Paul as extended northerly, said point of beginning being designated as Point "A ", thence south 670 221t West a distance of 170.6 feet to Point "B "; thence South 670 22J' West a distance of 64.8 -feet to Point "C"; thence South 760 44, West a distance of 328.52 feet to Point "D "; thence South 580 49' West a distance of 565.8 feet-to Point "E"; thence South 500 14J' West a distance of 179.51 feet to Point "F "; thence South 54021' West a distance of 85.77 feet to Point "G"; thence South 590 02f' West a distance of 326.18 feet to Point "H"; the terminus of the easement, which is on the southwesterly line of Lot 1, Block 3, Bazille & Roberts Addition produced northwesterly a distance of 341.0 feet from the northwesterly corner of said Lot 1. The easement shall be 150 feet in width, 75 feet each side of the previously described center line between Points "A" and "B ", and 40 feet in width, 20 feet each side of the center line between`"Points "B" and "H "; together with an.additional perpetual public easement in the nature of the right of ingress and egress to said above described perpetual public easement and said subject lands over adjacent lands of said Company, including the right to traverse such lands of said Company without unnecessary interference with said Company's manufacturing activities thereon, from time to time as shall be reasonably necessary for the exer- cise of said hereinabove described perpetual public easement, for its said purposes; } \, . 1. . provided that in the grant of said easement said Company may re- serve a) the right to maintain and use its railroad tracks and its roadway notwithstanding that they may lie in whole or in part within the prescribed limits of said easement, and b) to the extent that the exercise thereof will not unduly interfere with the construction, maintenance and -2- operation of said flood control facilities' the right .6f access across said easement to present or future dock facilities on the Mississippi Riviero', and-the right of''occupancy of the area within the easement limits; 3) That concurrently with the execution and delivery of the Company.'s grant of said easement to the City;, the City will execute and 'deliver to the Company a quitclaim deed conveying ,to the Company all the ,right' titl& and interest''of the City in And to the said three lots of land and the accretions r3.veri4ard thereto. IN WITNES4 WHERBQF the parties have caused this instrument to be executed by their duly authorized officers,and their cor- porate seals to be hereunto attached by authority of their respective governin',bodies,0; this /Wda'y of 9 1950# . CITY SAINT PAq v4 . d . By, 0111 Fr- AMM N HOIST & DITMIRICK CON -ANY i3 res en -04 A- pretar ,P7O-AV