09-964�5
CITY OF SAINT PAUL
FINAL ORDER
COUNCIL FILE NO. (�- �J6 �
GREE HEET NO. 3074598
BY
FILE N . AE2009-03
VOTING WARD 1, 2, 3, 4
In the Matter of acquiring the property rights necessary for the proposed construction of the Ayd Mill Road
Bicycle/Pedestrian Trail between Ayd Mill Road and the Canadian Pacific Railway from Mazshall Avenue to
Victoria Street. Property rights to be acquired include permanent public way easements and temporary
construction easements affecting properties along the trail route as shown on Exhibit A and depicted and legally
described on Ez�hibit B.
under Preliminary Order
approved
The Council of the City of Saint Paul has conducted a public hearing upon the above improvement, due
notice thereof having been given as prescribed by the City Charter; and
WHEREAS, The Council has heard all persons, objections and recommendations pertaining to said
proposed improvement and has fully considered the same; now, therefare, be it
RESOLVED, That the Council of the City of Saint Paul does hereby order that the above-described
improvement be made, and the proper City officers are hereby directed and authorized to proceed with the
improvement; and be it
FURTHER RESOLVED, That the Council hereby deternunes the real estate required for this
improvement to be easements as described above, and the City officers and City Attorney are hereby authorized
and directed to take a11 actions necessary to acquire said real estate by direct purchase or eminent domain,
including quick take; and be it
FINALLY RESOLVED, That the Council hereby deternunes that the real property rights required for
this improvement be as described above, and that the proper City officers submit a report to the City Council far
the purpose of the Council's making an award of damages for the interest acquired on said real property rights.
COLTNCILPERSONS
Yeas Navs
,.-�' Bostrom
✓ Carter
� Harris
;/ Helgen
� Lantry
�/ Stark
t'�, j�t� Thune
Adopted by Council: Date � ���`�
Certified Passed by Council Secretary
� In Favor BY � , � � t =,�
� Against �,�iL�� �Zd-CN�/>S�l,>
Mayor
G:�Iteal EstateWcquis�eons�PubLc WodcsWE2009-03 - Ayd MiII Trail -- PLase ME2009.03 FO.doc
��b<« �+���� q /Z�oq
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
09-9i�
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O¢partrnent/Office/Council: Date Inkiated: �± �+ /� ,/ �� p
- FS - . F!nancialSeryices . _ 95 - - - V�ee� a7heet N�� - ---
Coniact Person & Phone: ����t Sent To Person Initial/Date
BruceEnqelbrekt � o �ancis�serv;ces BmceEngeIDrekt �0 �
266-8854 1 oaoc0 ci comcil �—�
A55ign 2 ' Clerlc Cti Clerk
Must Be on Council Agenda by (Date): Number
02-SEP-09 � ��. For
` Routing
Doc. Type: PUBLIC HEARING Order
(RESOLUTION)
EAOCUment Required: Y
Document Contad: BN� Engelbrekt �
Contact Phone: 26G8854
Total # of SignaWre Pages _(Clip All Locations for Signature)
Action Requested:
Approve Final Order to acquire property rights for the Ayd Mill Road Bicycle/Pedestrian Trail project
Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions:
Planning Commission 1. Has this person�rm ever worked under a contrad for ihis deparhment?
CIB Committee Yes No
Civil Service Commission 2. Has this personffirtn ever been a city employee?
Yes No
3. Does this person/firm possess a skill not nortnally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and atfach to green sheet.
Inidating Problem, lssues, Opportunity (Who, What, When, Where, Why):
The City Council must approve a Final Order to authorize city staff to purchase the property rights listed in the FO resolution. All of
the properry rights needed for the trail would be temporary construction and permanent public way easements. Once the easements
have been acquued, construction of the hail may proceed.
Advantages If Approved:
The acquisition work for the project may proceed.
DisadvaMages If Approved:
None, but some of the private properry (mostly CP Railway) will be encumbered with easements.
DisadvanWges If Not Approved:
11te acquisi[ion work, and ultimately [he trai( construction, cannot proceed.
Total Amount of
Trensaction: $�.� CosNRevenue Budgeted: Y
Funding Source: MSA, CIB Activity Number:
Financial Information:
(Explain)
August 5, 2009 6:42 PM Page 1
09-964
SiJMMARY OF ENGINEERING RECOMMENDATIONS
Ayd Mill Road Bicycle/Pedestrian Trail
Right of Way Acquisition
Report Prepared - 7-22-09
Public Hearing to be scheduled — 8-19-09
PROJECT:
Acquire right of way for the proposed construction of the Ayd Mill Road
Bicycle/Pedestrian Trail between Ayd Mill Road and Canadian Pacific Railway from
Marshall Avenue to Victoria Street.
INITTATING ACTION:
This project was initiated by St. Paul Public Warks. The City desires to construct a
bicycle/pedestrian path along the Canadian Pacific Railway from Victoria Street all the
way to the west City limits. This project is one phase of a three phase project. This
bicycle /pedestrian trail will be connected to the Midtown Greenway constructed by
Minneapolis which terminates at the City limits. Right of Way acquisition for the other
two phases will be performed at a later date under separate orders.
PROPOSED IMPROVEMENTS:
It is proposed to acquire right of way between Ayd Mill Road and Canadian Pacific
Railway to allow for the installation of a Bicycle/Pedestrian Trail from Mazshall Avenue
to Victoria Street. The construction project will be administered by Saint Paul Public
Works. City Council approval for the conshuction project will be completed undet a
sepazate final order. Construction is planned to be completed in 2013.
PROPOSED RIGHT OF WAY ACQUISITION:
The right of way proposed to be acquired is between Ayd Mill Road and the Canadian
Pacific Railway from Marshall Avenue to Victoria Street as shown on the attached map.
ADVERSE EFFECTS:
The project will require permanent and temporary right of way acquisition on properties
on the west side of the Canadian Pacific Railway between Marshall Avenue and Victoria
Street. The acquisition process being managed by City of St. Paul will provide relocation
payments and services to owners of acquired properry in accordance with the Uniform
Relocation Assistance and Real Properties Acquisition Policies Act of 1970, as amended
and required under state law.
TIME SCHEDULE:
The property acquisition will be completed in winter 2010 and construction will be
completed in 2013 or 2014 depending on Federal Funding.
1 of 2
09-964
COST ESTIMATES:
Right of Way Acquisition
ESTIMATEA FINANCING:
$1,700,000
MSA $994,415
CIB $705,585
TOTAL $1,700,000
SOURCE OF ADDITIONAL INFORMATION;
For additional information, contact Dan Haak at 266-6084
SUMMARY AND RECOMMENDATION:
The Department of Public Works believes this is a necessary and worthwhile project and
the Engineering Recommendation is for approval of the project and the acquisi6on.
2of2
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Exhibit B
Ayd Mill Road - Pazcel No. l
Tract A
A stdp of ]and, for permanent public way easement pwposes over, under and across the
right of way of the Soo Line Railroad Company doing business as Canadian Pacific Railway
(fo:merly the Clucago, Milwaukee, St Paul and Pacific Railroad Company) in that part of
the Northwest Quarter of Secrion 11, Township 28, Range 23; the Northeast Quarter of
Section 10, Township 28, Range 23; the Southeast Quarter of Section 3, Township 2S,
Range 23; and the Northeast Quarter of Section 3, Townslrip 28, Range 23, Ramsey County,
Minnesota which lies northeasterly of the existing ]ughway easement for Ayd Mill Road
(formerly Short Line Roa� confiimed and iatified per St. Paul city Council File No. 201947
and lying westerly of "Line A".
Line A is described as follows:
Commencing at the Northeast Corner of Section 10, Townslup 28, Range 23, Ramsey County,
Minnesota; thence North 89 degees 49 minutes OS seconds West on an assumed bearing along
the north line of the Northeast Qaarter of said Section 10, a distance of 851.98 feet; thence
southeasterly 1256.65 feet along a non-tangential curve concave to the northeast, radius of
2,038.98 feet, central angle 35 degrees 18 minutes 44 seconds and a chord bearing of South
48 degrees 00 minutes 06 seconds Fast to the point of beginning of the line to be described;
thence northwesterly 1,802.15 feet along said previously described curve concave to the
northeast and its northwesterly extension, radius of 2,038.98 feet, centtal angle of 50 degrees
38 minutes 27 seconds; thence northwesterly 163.47 feet on a compound curve concave to the
northeast, radius of 3,981.50 feet and a cenffal angle of 2 degrees 21 minutes 09 seconds;
thence North 12 degrees 39 minutes 52 seconds West tangent to said last described c,wve
1,561.52 feet; thence northwesterly 277_52 feet along a tangential curve cancave to the
southwest, radius of 3,272.53 feet and central angle of 4 degees 51 minutes 32 seconds;
thence northwesterly 1,856.80 feet on a compound curve concaue to the southwest, radius
of 2,830.00 feet and central angle of 37 degrees 35 minutes 33 seconds; thence northwestedy
647.04 feet on a compound cucve concave to the southwest, xadius of 3,764.74 feet and centcal
angle of 9 degrees 50 minutes 51 seconds; thence North 64 degrees 57 minutes 47 seconds
West tangent to said last described curve 480.71 feet; thence northwesterly 428.95 feet
along a tangential curve concaue to the northeast, radius of 18,167.95 feet and central angle
of 1 degc�s 21 minutes 10 seconds; thence North 63 degtees 36 minutes 37 seconds
West tangent to said last described curve 162.29 feet to a point hereafter referred to as
"Poi� A" thence South 26 degrees 23 minutes 23 seconds West 10.00 feet to a point
hereafter referted to as "Point B" thence North 63 degrees 36 minutes 37 seconds West
290.81 feet; thence northwesterly 716.11 feet along a tangential curve concave to the
southwest, radius of 31,490.62 feet and central angle of 1 degrees 18 minutes 11 seconds
to the south line of Marshall Avenue being 50 feet south of and parallel with the north line
of said Nor[hwest Qnatter of Section 3 and there said line terminates.
Together with an easement for temporuy construcrion purposes over, under and across
the above described property, being described as a strip of land 4.40 feet wide adjoinin°
and northeasterly of said "Line A".
The west line of said ships is the west line of said Northeast Qnartet of said Section 3
and the south line of said strips is dtawn radial to the point of beginning of said "Line A".
TK ■�� AYD MILL ROAD TRAIL — PARCEL 1
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�I9-9�64- --- -- -
Ayd Mill Road - Parcel No. 1(Cont.)
And
A strip of land, for petmanent public way easement purposes over, imder and across the
origina1100 foot right of way of the Soo Line Railroad Company doing business as
Canadian Pacific Railway (fomterty the Clucago, Milwaukee, St. Paul and Pacific Railroad
Company) in that part of the Northwest Quarter of Section 3, Township 2S, Range 23,
Ramsey Coimty, Minnesota wluch lies southwestetly of "Line A".
Line A is descn�bed as follows:
Commencing at the Northeast Comer of Section 10, Township 28, Range 23, Ramsey
County, Minnesota; thence North 89 degrees 49 minutes OS seconds West on an assumed
bearing along the north line of the Northeast Quarter of said Section 10, a distance of
851.98 feet; thence southeasterly 1256.65 feet along a non-tangential curve concaue to
the northeast, radius of 2,038.98 feet, central angle 35 degrees 18 minutes 44 seconds
and a chord beazing of South 48 degrees 00 minutes 06 seconds East to the point of
beginning of the line to be described; thence northwesterly 1,802.15 feet along said
previously described curve concave to the northeast and its nor[hwesterly extension,
radius of 2,038.98 feet, centcal angle of 50 degrees 38 minutes 27 seconds; thence
northwesterly 163.47 feet on a compound curve concaue to the northeast, radius of
3,981.50 feet and a cenhal angle of 2 degrees 21 minutes 09 seconds; thence North
12 degrees 39 minutes 52 seconds West tangent to said last described curve 1,561.52 feet;
thence northwesterly 277.52 feet along a tangential curve concave to the southwest, radius
of 3,272.53 feet and central angle of 4 degrees 51 minutes 32 seconds; thence northwesterly
1,856.80 feet on a campound curve concave to the southwest, radius of 2,830.00 feet and
central angle of 37 degrees 35 minutes 33 seconds; thence northwesterly 647.04 feet on a
compound curve concave to the southwest, radius of 3,764.74 feet and cenhal angle of
9 degrees 50 minutes 51 seconds; thence North 64 degrees 57 minutes 47 seconds West
tangent to said last descn'bed curve 480.71 feet; thence northwesterly 428.95 feet along a
tangential curve concave to the northeast, radius of 18,167.95 feet and central angle of
1 degrees 21 mimutes 10 seconds; thence North 63 degrees 36 minutes 37 seconds West
tangent to said last descn'bed curve 162.29 feet to a point hereafter referred to as "Point A"
thence South 26 degees 23 minutes 23 seconds West 10.00 feet to a point hereafter referred
to as "Point B" thence North 63 degrees 36 minutes 37 seconds West 290.81 feet; thence
northwesterly 716.11 feet along a tangential curve concave to the southwest, radius of
31,490.62 feet and central angle of 1 degrees 18 minutes 11 seconds to the south line of
Marshall Avenue being 50 feet south of and parallel with the nortU line of said Northwest
Quarter of Secfion 3 and there said line tennivates.
Together with an easement for temporary constnxction purposes over, under and across
the above descnbed property, being descnbed as a strip of land lying 4.4 feet wide and
adjoining and northeasterly of said "Line A" from the afore described "Point A" easterly to
the east line of said Northwest Quarter of Section 3 and a ship of land lying 14.4 foot wide
and adjoining and northeasterly of said "Line A" from the afore desctibed "Point B"westerly
to said south line of Marshall Avenue,
The east line of said strips is the east line of said Northwest Quarter of Secrion 3 and the
northwesterly line of said strips is said south ]ine of MarsLall Avenue.
T K7�A AYD MILL ROAD TRAIL — PARCEL 1
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Tract B
Ayd Mill Road - Pazcel No. 1(Cont.)
An area of land, for pern�anent public way easement purposes over, under and across
the curcent right of way of the Soo Line Railroad Company doing business as Canadian
Pacific Railway (formerly the Clucagq Milwaukee, St Paul and Pacific Railroad Company)
in that part of the Northeast Quarter of the Southeast Quarter of Section 3, Townslup 28,
Range 23, Ramsey County, Minnesota wluch lies easterly of "Line C".
Line C is descn'bed as follows:
Beginning at a point 10.92 feet east of the intersection of the westerly extension of the
north line of Grand Avenue as donated in the plat of MANSON & SIMONTON'S
ADDPI'ION TO ST. PAi7L and the west line of said Norlieast Quarter of the Southeast
Quaztec; thence north parallel to said west line 79.54 feet to its intezsection witb easterly line
of said current right of way of the Soo Line Railroad Company and there said line tetminates.
Together with an easement for temporary construcrion purposes over, under and across the
above described property, being described as an azea lying easterly of said west line of said
Northeast Quarter of the Southeast Quarter and lying westerly of "Line C".
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""""" SAINT PAUL, MINNESOTA
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A 15 foot wide ship of ]and, for construction easement pu[poses over, undet and across
the following described pmperty:
Lot 17 and the West 30 feet of Lot 18, Block 5, Boulevazd Addition, �cept tUat part deeded
to the city of St Paul for Street; and �cept that part of said Lots dceded to the railroad for
right of way
The southwesterly line of said shrip being described as a line 65 feet southwesterly o� measured
perpendicular to and pazallel with the centetline of the origina1100 foot right of way of the Soo
Line Raikoad Company doing business as Canadian Pacific Railway (formerly the Chicago,
Milwaukee, St Paul and Pacific Raikoad Company)
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Ttact A
A 15 foot ship of land, for permanent public way easement puiposes over, under and across
the following descnbed property:
That part of Lots 1, 2, 3, 4, 11, 12, 13, 14 and 15, Block 3, Boulevazd Addition wluch lies northerly
of Bushnell's R�azrangement of Block 3, Boulevard Addition, except the West 130 feet of said
Lots 2 and 3, Block 3, Boulevazd Addition and the West 130 feet of that part of Lot 1, Block 3,
Boulevazd Addition, lying South of Marshall Avenue as same is now established; Also excepting
the Easterly 20 feet of Lot 15, Block 3, Boulevazd Additioa
The northeasterly ]ine of said strip is described as follows:
Commencing at the intersection of tbe north line of the Northwest Qnazter of Section 3,
Townslup 28, Range 23, Ramsey County, Minnesota, with a line 50 feet southwesterly of
measured at a right angle to and pazallel with the centefline of the origina1100 foot right of
way of the Soo Line Railroad Company doing business as Canadian Pacific Railway (foxmerly
the Clricago, Milwaukee, St Paul and Pacific Railroad Company) hereinafter lmown as
"Line X" thence southeasterly along said "Line X" 394.73 feet to the point of beginning
hereinafter known as "Point Y" of said northeasterly line; thence northwesterly along said
"Line X" 300.00 feet and said northeasterly line there terminating.
Together with a 10 foot strip of land for conshuction easement purposes over, under and
across the first above described property:
The northeasterly line of said stdp is described as follows:
Begim�ing at the hereinbefore described "Point I"' thence southeasterly along the hereinbefore
described "Line X" 50.00 feet and said northeasterly line there terminating.
Tract B
Together with a 10 foot strip of land for construction easement purposes over, under and across the
following described property:
17�at part of Lot 16, Block 3, Boulevard Addition, Rawsey County, Minnesota lying easterly of the
westerly 27 feet of said Lot 16; except that part described as follows:
All that part of the Northwest Y< of the Northwest'/< of Secdon 3, Township 28, Range 23, described
as follows:
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Commencing aY the Southeast comer of Lot 26 of Bushnell's Reanangement of Block 3, Boulevard
Addition; thence West on the South line of said lot 3 feet to the point of beginning of the land to be
descnl�ed; thence North parallel to the West line of said lot to the Southwesterly right-of-way line of
the L7ricago, MiiwaukeE, St Paul and Pacific Railroad; thence Southeasterly along said right-of-way
to its intersecrion with a line nm pazallel to and 12 feet East of the West line of Lot 28 in said
BusLnell's Rearrangement of Biock 3, Boulevard Addition; thence South on said line to the South
line of Lot 28; thence West to the point of beginuing, �cept tbat part of the above descnbed hact
lying wifl�in Bushnell's Reanangement of Block 3, Boulevazd Addition.
The southwesterly line of said strip being described as a line 60 feet southwesterly o� measiued
peipendiculaz to and parallel with the centerline of the origina1100 foot right of way of the Soo Line
Raikoad Company doing business as Canadian Pacific Railway (formerly the Clucago, Milwaukee,
St Paul and Pacific Railroad Company)
Tract C
A 15 foot wide strip of land, for construction easement purposes over, under and
across the following described properry:
That part of Lot 16, Block 5, Boulevazd Addition, wluch lies northeastefly of a line 70 feet
southwesterly of, measured perpendiculaz to and parallel with the centerline of East and
West Bound Main Tracks of Chicago, Milwaukee, St. Paul and Pacific Raikoad Company;
Also that part of Lots 1 through 5 inclusive and Lots 14 and 15, Block 5, Boulevard Addition
wluch lies northeasterty of a line 125 feet sonthwesterly of, measured peipendiculaz to and
pazallel with the centerline of Fast and West Bound Main Tracks of Clucago, Milwaukee,
St Paul and Pacific Raikoad Company.
The southwesterly line of said strip being described as a line 65 feet southwesterly of,
measured perpendiculaz to and parallel with the centerline of the original 100 foot right of
way of the Soo Line Railroad Company doing business as Canadian Pacific Railway (formerly
the Chicago, Milwaukee, St. Paul and Pacific Railroad Compaay)
TKLri AYD MILL ROAD TRAIL — PARCEL 3
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T�;t a
An azea for public way easement purposes over, mmder and across the following descn'bed
ProP��Y�
The West 130 feet of Lots 2 and 3, Block 3, Boulevazd Addition and the West 130 feet
of that pazt of Lot 1, Block 3, Boulevazd Addition, lying South of Marshall Avenue as
same is now established.
Said area is descn'bed as:
That part of the above described property lying northerly of a line 55 feet south of, measured
perpendiculaz to and parallel with the north line of the Northwest Quarter of Section 3,
Townslup 28, Range 23, Ramsey County, Minnesota wluch lies east o£ a line 110.58 feet
east of, measured perpendiculaz to and parallel with the west line of said Northwest Quarter
of Section 3.
Together with all that part of the fust descn'bed praperty wLich lies northeasterly of a line 65
feet southwesterly of, measured perpendiculaz to and parallel with the centerline of the original
100 foot right of way of the Soo Line Raikoad Company doing business as Canadian Pacific
Railway (formerly the Chicago, Milwaukee, St Paul and Pacific Railroad Company).
Tract B
A 16 foot strip of land for construction easement purposes over, under and across ihe
following described pmper[y:
Tbat part of the Northwest'/a of the Northwest'/, of Section 3, Townslrip 28, Range 23,
described as follows: Commencing at the Southeast corner of I,ot 26, Bushnell's Reattangement
of Block 3, Boulevazd Addition, said comer being on the North line of Dayton Avenue and
500 feet East of the West line of said Section 3; thence West 3 feet along the South line of
said Lot 26; thence North 00 degrees 00 minutes 00 seconds East and parallel with the East
line of said Lot 26 a distauce of 57.86 feet to a point in the Northeasterly line of said Lot 26,
said point being the ach�al point of beginning of the description of the pazcel conveyed hereby;
thence continuing North 00 degrees 00 minutes 00 seconds East a distance of 82.60 feet to a
point in a line parallel with and distant 50 feet Southwesterly of the center line of the Clucago,
Milwaukee, St. Paul & Pacific Railroad; Thence South 64 degrees 55 minutes 06 seconds East
along said patallel line a distance of 397.33 feet to the intersection of said parallel line with the
center line of Dayton Avenue; thence South 89 degrees 12 minutes West along said center line
of Dayton Avenue a distance of 166.25 feet to the East line of Saratoga Street; thence North 00
degrees 00 minutes 00 seconds East a distance of 33 feet along the said East line of Sazatoga
Street to the SoutUwest comer of Block 2, Boulevazd Addition; thence South 89 degcees 12
minutes West a dis[ance of 73.70 feet along the North line of Dayton Avenue to the Southeast
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SAINT PAUL, MINNESOTA
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Ayd Mill Road - Pazcel No. 4(Cont.)
corner of Buslmell's Reazrangement of Block 3, Boulevard Addition; thence North 64 degrees
55 minutes 06 seconds West along the Northeasterly line of said addition a distance of 132.54
feet to the poi� of beginning. Fxcepting therefrom thaY part or portion of said tcact wluch lies
Westerly of a line dtawn parallel to and 12 feet.distant to the East of the Westerly boundary of
I.ot 28, in Bushnell's Rearrangement of Block 3, Boulevazd Addition, running Northerly from
the South line of said Lot 28 to its intersecrion with the center line of the Clucago, Milwaukee,
St Paul & Pacific Railroad, Ramsey Coimty, Minnesota.
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All that part of the Nor[hwest'/< of the Northwest'/< of Section 3, Townslup 28, Range 23,
described as follows:
Commencing at the Southeast comer of I,ot 26 of Bushnell's Rearrangement of Block 3,
Boulevazd Addition; thence West on the South line of said lot 3 feet to the point of begiuning
of the land to be desctibed; thence Nor[h patallel to the West line of said lot to the Southwesterly
right-of-way line of the Clucago, Milwaukee, St Paul and Pacific Raikoad; thence Southeasterly
along said right-of-way toits intersecfion with a line run parallel to and 12 feet East of the West
line of Lot 28 in said Buslwell's Rearrangement of Block 3, Boulevazd Addition; thence South
on said ]ine to the South line of Lot 28; thence West to the point of beginning, except that part
of the above descnbed Uract lying within Bushnell's Rearrangement of Block 3, Boulevard
Addirion
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The Easterly 20 feet of Lot 15, and the Westerly 27 feet of Lot 16, Block 3, Boulevazd
Addition, St Paul, except that part replatted as Bushnell's Re-arrangement of Block 3,
Boulevazd Addition.
The southwesterly line of said strip being descn'bed as a line 60 feet southwesterly of,
measured perpendiculaz to and pazallel with the centerline of the origina1100 foot right
of way of the Soo Line Railroad Company doing business as Canaclian Pacific Railway
(foxmerly the Chicago, Milwaukee, St Paul and Pacific Railroad Company).
The southeast end line of said strip is the north right of way line of Dayton Avenue and
the northwesterly end line of said ship is the west line of the easterly 20 feet of Lot 15,
Block 3, Boulevazd Addition
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