186853 Original to City Clerk t'1 ((M'
CITY OF ST. PAUL COUNCIL NO.OFFICE OF THE CITY CLERK
COUNCIL RESOLUTION-GENERAL FORM
PRESENTED BY
COMMISSIONE• 4041 DATE ---
RESOLVED, that the City of Saint Paul accept a deed of
easement from the Port Authority of the Citvof Saint Paul, conveying
to the City an easement of e. strip of land 20 feet in width for the
installation and maintenance of a supplementary sewer line over and
across the property described in said grant of easement, a copy of
which is attached hereto, together with the conditions specifically
set ottin said deed.
Council File No. 186853—By Adrial P.
Winkel—
Resolved,That the City of Saint Paul
accept a deed of easement from the
Port Authority of the City of Saint
Paul, conveying to the City an ease-
ment of a strip of land 200 feet in
width for the installation and main-
tenance of a supplementary sewer line
rover and across the property described
in said grant of easement, a copy of
which is attached hereto, together with
the conditions specifically set out in
said deed.
Adopted by the Council April 3, 1958.
Approved April 3, 1958.
(April 5, 1958)
APR 3 1958
COUNCILMEN Adopted by the Council __ _ ___ __ 195__
Yeas Nays
DeCourcy APR 3 1958
Holland Approved— 195-
;
�
Mart In Favor `J —
Martinson
Mayor
Rosen Against
Winkel
f Mr. Presldenl, Iaillen
•
CITY OF SAINT PAUL
TERRANCE S. O'TOOLE LEGAL DEPARTMENT LOUIS P. SHEAHAN
THOMAS J. RYAN SPECIAL. ASSISTANT
ROBERT LE.. LAIS MARSHALL F. HURLEY
DONALD L LAIS
JOHN J. MCNEIL
ASSISTANTS CORPORATION COUNSEL
THEODORE J. COLLINS „\,a, �.,p
INVESTIGATOR
April 2, 1958
Mr. Adrian P. Winkel
Commissioner of Public Works
Dear Commissioner:
Enclosed herewith is a deed of easement
from Port Authority to City of Saint Paul for a
20-foot strip over and across Port Authority property
for the purpose of the installation of a supplement ry
City sewer.
We also enclose form of resolution which may
be used for the purpose of acceptance of said easement.
Yours ve truly,
/ di
I
Marshall F. Hurley
Corporation Counsel
Encl.
MFH-B
ASSISTANT CHIEF ENGINEER CITY OF SAINT PAUL PUBLIC WORKS MAINTENANCE ENGR.
HERBERT S. WEST RICHARD L. WHEELER
• Capital of Minnesota
REAU OF SANITATION
PUBLIC WORKS DESIGN ENGINEER DEPARTMENT OF PUBLIC WORKS Bu JOHN M. COTTER, Supt.
ARTHUR G. WELIN
ADRIAN P. WINKEL, Commissioner •
BRIDGE ENGINEER BUREAU OF MUNICIPAL EQUIPMENT
MAURICE W. HEWETT CLIFTON G. HOLMGREN, Deputy Commissioner ARTHUR H. KOCH
GEORGE M. SHEPARD, Street & Highway Engineering Coordinator
• ARTHUR W. TEWS, Chief Engineer •
TRAFFIC ENGINEER PRINCIPAL ACCOUNTANT
EUGENE V. AVERY JOS. PAVLICEK
4S
March 27, 1958
Mr. Marshall Hurley
Corporation Counsel
City of St. Paul
Dear Mr. Hurley: Re: Battle Creek Sewer Easement
This is to acknowledge your letter of this date attaching original and
copy of deed of easement from the Port Authority to the City of St. Paul
covering an easement granting to the City of St. Paul authority to construct
and maintain a sewer on Port Authority property between Childs Road and the
river.
I an of the opinion that the revised easement adequately covers the
matters discussed with you in my office several days ago. The interest of
boththe Port Authority and the City are protected in the revision you have, made.
The deed of easement as submitted is approved by me.
I an returning herewith the original.
Yours very truly,
GEO'et M. SHEPARD
Street and Highway
Engineering Coordinator
cc: Conlin. Winkel
•
PORT AUTHORITY
Philip W. Fitzpatrick, President Commissioners
Richard C. Radman,Jr.,Vice President of the William F. Davidson
Harold Rutchick, Secretary Bernard T. Holland
Philip H. Nason, Treasurer CITY OF ST. PAUL Robert Peterson
Advisers—State Legislature
City Hall and Court House Karl F. Grittner
ST. PAUL 2. MINN. Harold W. Schultz
April 1, 1958
Mr. Marshall F. Hurley
Corporation Counsel
City Hall
Saint Paul 2, Minnesota
Dear Mr. Hurley:
There is sent you herewith the original
Deed of Easement, running from the Port Authority
to the City of St. Paul, which has been executed,
and which covers the emergency sewer running from
Childts Road to the Mississippi River over the pro-
perty at present leased to the American Bitumals
and Asphalt Company.
It may be that the City would like to
have this easement recorded, and if so, kindly handle
for them.
Very truly yours,
PWF:edj P. itzpatrick
Enc. President
cc - Chandler Davis
now further the said Grantee hereby
agrees, in further consideration of
this conveyance, that if at any time
in the future, the said shore line
shall be extended forward into said
Mississippi River to a point where
it meets the United States Harbor line,
or at any intermediate point up to
said Harbor line,. said Grantee then
shall extend its public sewer to the
shore line ai newly located. Such
action of extension of the public
sewer as described hereinabove shall
be undertaken by said Grantee sword.»
less of whether such shore line:'extension
to the point where it meets the United
States Harbor line, or at any point up.
to said Harbor line, is caused and created
by any action of the Grantor herein, its
lessees or assigns, the Federal, State or
City Government*, or by natural causes.
Said construction, of any such public
sewer, or extension thereof, led or to
be laid in the land covered by th#,A' Grant
of Easement, shell be done solely at
Grant e"s expense.
IT IS FURTHER UNDERSTOOD AND AGREED by and between the
parties to this Agreement that 'said Grantor reserves to
itself, its lessees and assigns, the right to use and enjoy
in perpetuity, the surface, and the space above the surface.,
and all of it, of the land conveyed by this Grant of Easement.
The Grantee agrees with the Grantor that said Grantor,
its lessees and assigns, shall have and retain the right to
construct and place upon the surface of the land herein
described, storage tanks or other structures not requiring
any excavations below surface or the installation of pilings,
or under"the»surface supports. It is understood and agreed
by the parties hereto that no building or structure which would
require underground excavation or the driving of underground
piling shall be permitted.to be undertaken by Grantor, its
lessees or assigns until there has beenluture negotiations
concerning such possible, construction. entered into by Grantor
and Grantee, and permission, if granted for such, to be given
by agreement between the Parties, and such made part of this
contract by way of addenda thereto.
IN TESTIMONY WHEREOF, said Port Authority of the City of
Saint Paul, as Grantor, has caused these presents to be
executed in its corporate name by its President
and its Secretary and its corporate seal
to be hereunto affixed the day and year first above written.
In the presence of : PORT AUTHORITY OF THE CITY OF SAINT p ,c
„S/ ter. L. Heitmiller By
Pres.
S/ Julia S. Spermbaur
By f S Harnl rR T. Riot,-hi rtk
Secretary
3
parallel thereto and one hundred ten ( 110)
feet south of the north boundary line of
the hereinabae first described land across
the same from the Mississippi River to
Childs Road:
That said perpetual easement for public sewer
purposes hereinabove described and hereby
conveyed shall be coextensive with that
certain hereinabove described strip of land
twenty (20) feet in width extending across
said hereinabove first described land from
the Mississippi River to Childs Road the
center line whereof is that hereinabove
described and 3ha.11 be coupled with the
absolute and perpetual right of said Grantee
to use said strip of land twenty (20) feet
in width for the construction, reconstruction,
installation, reinstallation, repair, mainte-
nance and operation of a public sewer and
an appurtenant and auxiliary easement and
right, in perpetuity, of ingress and egress
thereto and therefrom across the hereinabove
first described land necessary for the
reasonable and practicable exercise of the
aforesaid perpetual rights represented by
said perpetual sewer easement.
This Grant of Easement is made specifically subject to
the following conditions which the Grantee accepts, and under
and to which it agrees to abide and which condition, in
further consideration of this conveyance by Grantor, said
Grantee agrees to perform when, as, and if the necessity of
such performance should appear, or should be demanded of
Grantee by Grantor:
(a) Grantee agrees to and does accept
full responsibility for all repair and
maintenance of all public sewers con-
structed in or to be constructed in and
under the surface of the land conveyed
by this Grant of Easement, and, further,
the Grantee agrees that, at no time nor
under any circumstances, shall it assert
any claim against the Grantor, lessees
or assigns, for any part of the cost of
any such repair and maintenance of the
public sewer laid by Grantee in the land
covered by this Grant of Easement.
(b) At the present time, the public sewer
placed by said Grantee in the lend covered
by this Grant Of Easement extends to the
shore line of the Mississippi River;
2
STATE OF MINNESOTA
ss.
COUNTY OF RAMSEY
On this .;lst day of March
1958, before me, a Notary Public within and for said County,
personally appeared P. W. FitzRatrick and
Harold L. Putchick , to me personally known,
who, being each by me duly sworn, did say that they are
respectively the President and
,
Secretary of Port Authority of
the City of Saint Paul, named in the foregoing instrument, and
that the seal affixed to said instrument is the corporate seal
of said Authority, and that said instrument was signed and sealed
in behalf of said Authority by authority of its Board of
Commissioners , and said
P, v. JitznAtrick and Hsrn)c3 L. Rpt.rhi rk
acknowledged said instrument to be the free act and deed of
said Authority.
Si Julia S. Spermbaur
a . ..perm our
Notary Public, Ramsey County, Minn.
My commission expires December 8, 1964
(SEAL)
.18853
012.12LIMANANI
THIS INDENTURE, made this t day of March
1958, by and between Port Author ty of the City of Saint Paul,
a body politic and corporate and a political subdivision of
the State of Minnesota, as Grantor, and City of Saint Paul,
a Municipal Corporation of the State of Minnesota, as Grantee,
WITNESSETH s
WHEREAS, the said Grantor is the owner in fee simple of
the following described land situate in the City of Saint
Paul, County of Ramsey, and State of Minnesota, described as
follows, to-wit
A tract of land at the Saint Paul Municipal
Barge Terminal extending from the Mississippi
River to Childs Road, and between two boundary
lines, parallel and two hundred feet apart,
described as follows :
(a) The first boundary line being parallel
to and 500 feet to the south of a base
reference line beginning on the U. S. Harbor
line and 461.9 feet, S. 70-18v E. , from
point L-7 (U. S. 1939 Harbor Line Determination)
bearing N. 820-42' E. , and making an angle of
900-0' with the Harbor Line as existing between
points L-7 (1939) end L-6A (1939) , all as shown
on the print which is on file in the office of
the Lessor.
(b) The second boundary line being parallel
to and 700 feet to the south of the same base
reference line just described;
hereinafter designated the first described land, and
WHEREAS, the said Grantor has reserved therein, for con-
veyance to the said Grantee, a perpetual easement for public
sewer purposes, hereinafter described and hereby conveyed and
warranted by the said Grantor to the said Grantee.
NOW THEREFORE, the said Port Authority of the City of
Saint Paul, as Grantor, for a good and valuable consideration,
the receipt and sufficiency hereof are hereby acknowledged,
does hereby convey and warrant unto said City of Saint Paul,
as Grantee, a perpetual easement for public sewer purposes on,
over, across and within the following described strip of land
being a portion of the hereinabove first described land, to-wit;
That certain strip of land, throughout its
course, twenty (20) feet in width, within
and being a portion of the hereinabove
first described land, the center line of
said strip of lend twenty (20) feet in
width extending in a continuous course