97-1100Return copy to: (JAO)
Real Estate Division
140 City Hall
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Referred To
Council F'ile # ��Q 0
Green Sheet # 40024
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Cananittee: Date
/3
WIIEREAS, the Ciry of Saint Paul, Department of Public Works is in need of a permanent
easement for construction of a storm sewer, said easement is described as follows: (See E�ibit "A");
and
WHEREAS, the construction of this storm sewer is necessary to provide storm sewer service to
property owners in and around the above mentioned permanent easement area; so
TT�REFORE BE TT RESOLVED, that the proper City officials are hereby authorized and
directed to accept the attached Dedication of Basement for Storm Sewer Purposes;
r`iJRTIiER RESOLVED, that compensation, for said permanent easement, in the amount of
Eleven Thousand Six Hundred Twenty Five Dollars ($11,625) be paid to Payless Cashways,
Incorporated, this being a fair and reasonable value for said permanent easement. Said sum to charged
to Activiry Code: C96-2T674-0787-26027
Requested by Department of:
BY� '� �_ �- �
Approved hy May ro Da et
By: � �/�
Approved b or for ubmission to Council
By:
Adopted by Council: Date q�
Adoption by Councii Secretary �
rorm Approv d by Crty Attomey
gy. �ii"vW 1 L✓ L✓C✓�/✓k'-- t�/ !�
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� 30 foot wide,sewer easener.� over, under and across the we=_t o;_e half of
�ha r.crthwest one quarter of Section 33, Towriship 29 North, �anae 23 gast
ci the Fourth Pzinicpal ?:eridian. TPe centerline oP said 30 �oo't w?de sewer
easement being 15 Peet oa each side of Lhe iollowing described line.
Co�nmencing at a cast iron mor.ument a� the northeast corner o= the wes� one half
o� the northwest one quarter oP said Section 33; thence o� an assumed bearing
oi South 0 degrees 14 ninu�es 34 seconds East, a distance oi 1353.08 ieet as
-.easured along the east lir.e of the west one hal£ of the nor'thwest or.e rn:arter
oi said sec'tion 33; trer.ce Norih 55 &egrees 31 minutes 51 seconds Wesi, a
d�stance of 32.02 feet to the west lir.e of *iorth Prior ?�venue and the point o�
.^°O'_•P.'_71?"!Q� the;:ce North 5S deqrees 31 fi1?':L'L25 51 SP_C017CS `J�'2SL� a distance Oi
lo9.S6 �eet; thence North 25 degrees 14 minutes 28 seconds t�.est, a ciisfiance of
12G.00 Pee� and there =aid centerline terminates. Said point oi termination
�°=�g 1114.85 feet sou'th of tre north line of the northwesi one ouarter of
=??d section 33 and be_ng 230.87 feet west of the east line oi the wes� one
h�1P o� the northwest one auarter of said section 33. The s?de easement lines
are to be prolonged or _=horten to terminate at the wesL line of North Prior Ave.
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T.M.5./REAL ESTATE DIVISION Date: Green Sheet Number: 400z4
taM Person and Phone Numbcr: 2 EPAR7'A�NL DTRECTOR 4 CITl COI7NCII,
�.
Juan Ortiz 266-8850 8 �, � 1 I�n' nrrow�v .� 1. � aAUc
�
UDGET DIRECTOR EFICE OF FPiANCIAL SYCS.
ust be on Com�cfl Agenda by: . YOR (OR ASSIST =
OTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE)
CTION REQUF_SfED:
cquire a permanent easement for storm sewer purposes.
pprove compensation for said easement.
COM��NDA170NS: APPROVE (A) OR RE.IECT (R) ERSONAL SERVICE CONTRACTS NiIJ5f ANSWER THE FOLLOWING:
1. Has the person/firm ever worked under a contract for this depArhuent? YES NO
PLANNINC COhIMISSION A SfAFF
. Has this person/firm ever been a CiTy employee? YES NO
CiVII.SERViCECONA�SSON ��bp
. Does Utis persoNfirm possess a sl:iR not nonnnlly possessed by eny YES NO
current City employee?
c�s conuurree ��"p�i
E lain all YES answers on a se arate sheet end attach.
SOPPORTS WHICH COUNCIL O&TECTIVE?
COUNCIL WARD(S) �( DISTRICT PLANNING COUNCIL � �
TIATING PROBLEM, ISSI7F, OPPOR'TI7NITY iWho, Whay Wlien, Where, Wlry:�:
In order to give proper storm sewer service to property owners in and around the Knox
Lumber Company on Prior Avenue, a storm sewer must be built across their property.
ADVANTAGES IF APPROVED:
oper storm sewer service will be achieved.
DISADVANTAGES IF APPROVF,A:
Encumbrance to the property affected. ��� �� �
� - :� 1997
DISADVANTAGES IF NOT APPROVED:
The City could be liable for not providing proper storm sewer service to the proper+-ies..,
iu this area.
OTAL AMOUNT OF TRANSACTION: �11�6ZS COST/REVEA'UE BUDGETED (CIRCLE ONE) YES NO
ING SOURCE: ACTNITY I�'I7MBER: C(J6-2T674-�7g7-2602^�
NANCTAL INFORMATION: (EXPLAI�
e�� _ ►�oo
DEDICAI'ION OF EASEMENT
FOR STORM SEWER PURPOSES
Inc.
Grantor,
for good and valuable consideration, to them in hand paid and the receipt of which is hereby
acknowledged, does hereby Grant, Bargain, Sell and Convey to the City of Saint Paul, a
municipal corporation of the State of Minnesota, its successors, and assigns, as Grantee, a
permanent easement for public purposes under and across the following tract of land being in
the County of Ramsey, State of Minnesota, described on E�ibit "A" attached hereto and
incorporated herein by reference.
To have and to hold the same forever. The Grantor does covenant that it is well seized
in fee of the land and premises aforesaid, and has good right to sell and convey the same free
of all encumbrances.
That Grantor also covenants that the above granted easement is in the quiet and
peaceable possession of the Grantee. The Grantor will warrant and defend against all persons
lawfully claiming the whole or any part thereof, subject to encumbrances, if any, hereinbefore
mentioned. It is intended and agreed that this agreement shall be a covenant running with the
land and shall be binding to the fullest extent of the law and equity for the benefit of the public.
It is further intended and agreed that this agreement and covenant shall remain in effect without
limitation as to tune.
Grantor shall have no obligation to Grantee to perform any maintenance or restoration on the
easement. Grantee's use of the Easement shall be in its then "as is" condition at the time of
such use. In addition, following the construction of the easement, Grantee agrees to restore
easement from time to time, and at all times, to a condition substantially sunilaz to its pre-
construction condition, ordinary wear and tear excepted.
Grantee agrees to indemnify, defend and hold harmless Grantor from and against any and all
claims, costs or expenses incuned by or asserted against Grantor by reason of the use of the
easement by Grantee, its agents, employees, contractors or invitees, and Grantee agrees that
use of the easement shall be at the sole risk of the user.
a�_��ao
IN TESTIMONY Wf�REOF, the Grantor, Payless Cashway, Inc., a corporation under the
laws of �u1f} , has caused this deed to be executed in its corporate
name by its duly authorized officers, and attested to this � day of e'C �19
Grantor
sTaTE oF M �s�ouzi
COUNTY OF ��$6�.I
BY �� �
zts D �;�-�cf�r�r�'��il�r��
i�
The foregoing was acknowledged before me this _
by �TCt `j � . �OLt/� and
the �/
of
.,.
���day of l.�"- - - , 1997
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q^_��oe
IN TESTIMONY WFIEREOF, the Grantee, the City of Saint Paul, a municipal corporarion
under the laws of the State of Minnesota, has caused this deed to be executed in its corporate
name by its duly authorized officers, and attested to this day of
BY ������,� �f 2�/�7
City Attomey (approval of form)
By
Its Mayor
By
Its Director of Financial Services
Grantee
By
Its City Clerk
STATE OF MINNESOTA )
)
COUNTY OF RAMSEY )
The foregoing was aclmowledged before me this day of , 1997
by
.�.
of
This Instrument was drafted by:
Technology & Mgmt Services
Real Estate Division
Room 140 Ciry Hall
St. Paul, MN 55102
the
,��
(Irnoxesmt, l)
q�_ ��oo
ss .a^
A 30 Poot wide easement over, under and across the west ore half o�
the northwest one quarter of Section 33, Township 29 North, Range 23 East
of the Fourth Prinicpal Meridian. The centerline of said 30 foot wide sewer
easement being 15 feet on each side of the following described line.
Commencing a� a cast iron nonument at the northeast corner of the west one hali
o� the northwest or.e et�arter of said Section 33; thence on an assuned bearing
oi South 0 degrees 14 air.u`�es 34 seconds East, a distznce of 1353.08 feet as
r�easured along the east line of the o:es't one half of the northwest one rn.tarter
of said section 33; t?�ence North 54 degrees 31 minuzes 51 seconds Fest, a
distance of 32.02 feet to the west lire of North Prior Aver.ue anci the point of
beg?nning; the�ce North 5= dearees 31 m?riu�es 51 seconds h`e=_t, a distar.ce of
1^09.86 £eet; tnence North 25 degrees 14 mirutes 28 seconds ��Tes't, a distance of
12U.00 =eet and t?�ere =aid centerline terninates. Said point of termination
b°=ng 1115.85 feet sou�h of the north line of the northwest one quar�er of
s�id section 33 and being 230.87 feet west of the east line of the west one
h�1f o� the northwest one quarter of said section 33. The s?de easemer.t lines
are to be prolo*�ged or shorten to terminate at the west line oP North Prior Ave.
[ 3: i''. lt :3M I i i T:1 t i
q�- t�oo
DEDICATION OF EASEMENT
FOR STORM SEWER PURPOSES
Payless Cashways Inc.
Grantor,
for good and valuabie consideration, to them in hand paid and the receipt of which is hereby
acknowiedged, does hereby Grant, Bargain, Sell and Convey to the Ciry of Saint Paul, a
municipal corporation of the State of Minnesota, its successors, and assigns, as Grantee, a
permanent easement for public purposes under and across the following tract of land being in
the County of Ramsey, State of Minnesota, described on E�ibit "A" attached hereto and
incorporated herein by reference.
To have and to hold the same forever. The Grantor does covenant that it is well seized
in fee of the land and premises aforesaid, and has good right to sell and convey the same free
of all encumbrances.
That Grantor also covenants that the above granted easement is in the quiet and
peaceable possession of the Grantee. The Grantor will warrant and defend against all persons
lawfuily ciaiming the whole or any part thereof, subject to encumbrances, if any, hereinbefore
mentioned. It is intended and agreed that this agreement shall be a covenant running with the
land and shall be binding to the fullest extent of the law and equity for the benefit of the public.
It is further intended and agreed that this agreement and covenant shall remain in effect without
liznitation as to tnne.
Grantor shall have no obligation to Grantee to perform any maintenance or restoration on the
easement. Grantee's use of the Easement shall be in its then "as is" condition at ihe time of
such use. In addition, following the construction of the easement, Grantee agrees to restore
easement from time to time, and at all times, to a condition substantially similar to its pre-
construction condition, ordinary wear and tear excepted.
Grantee agrees to indemnify, defend and hoid harniless Grantor from and against any and all
claims, costs or expenses incurred by or asserted against Grantor by reason of the use of the
easement by Gzantee, its agents, employees, conuactors or invitees, and Grantee agrees that
use of the easement shall be at the sole risk of the user.
q'1-��ov
IN TES'TIMONY WFIEREOF, the Grantor, Payless Cashway, Inc., a corporation under the
laws of �o Wfl , has caused this deed to be e cuted in its corporate
name by its duly authorized officers, and attested to this /S'�- day of���� J)9'Z
Grantor
STATE OF M15�u'��
COUNTY OF `/AL' �50�
i �
: 1-���/ L`:r�s
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�✓n9Li( � �
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m
The foregoing was acknowledged before me this (.� day of � , 1997
by 71 / fC4-/Y � n
of
and
and
u,P.� O � �3��
MN�ELE t HART
�iTA1E� SSO Fil �
MpCeaM�irioR E� J 73. ZOCi
4� � 1 �oo
IN TESTIMONY WHEREOF, the Grantee, the City of Saint Paul, a municipal corporation
under the laws of the State of Minnesota, has caused this deed to be executed in its corQorate
name by its duly authorized officers, and attested to this day of
By �,��G��'.n/�- �'h � f� 7
City Attomey (approval of form)
By
Its Mayor
Grantee
g -
Its Airector of Financial Services
By
Its City Clerk
STATE OF MINNESOTA )
)
COUNTY OF RAMSEY )
The foregoin�was acknowledged before me this day of , 1997
by _
and
of
�
.�.
This Instrument was drafted by:
Technology & Mgmt Services
Real Estate Division
Room 140 City Hail
St. Paul, MN 55102
(knoxesmt. i)
R�- ��oo
st �R" .
A 30 foot wide sewer easenent over, under and across the west o;_e half o�
�.
�he northwest one quarter of Section 33, Township 29 North, Ranae 23 East
oP ihe Fourth Prinicpal Meridian. The centerline of said 30 fooc wide sewer
easenent being 15 feet on each side of the following described line.
Comner.cing Z`�. 8 CcS� 1TOII nor.ument d 'tY10 northeast corn>r O° �PE W2S� one half
o� the northwest cr.e c o� said Sect_on 33; thence on an assu:�ed bearing
or Soutn 0 Gegrees 14 ainu�es 3S seconds �ast, a ciistar.ce o_ 1353.08 Pee� as
r�=asured along the eZSi. �.1P.E Of �t:� 4:eSL one half Oi the riOT�2L:?S�`, Oh2 cti:arter
of said sec�?on 33; t�er.ce North 54 d=crees 31 :�inutes 51 seconds West, a
Q? SL'c^C2 O° 32.02 i2Et �O L^E: kESL �=_*iE O° 2v'OY�R prior Aver.ue fl?7Cl 'E.t?0 p01ri� OS
beair.Zin� t1'?E'CE h`OrT.}! r J" CEQI"2ES 3� r,•._*:utes 5� SECOP.C15 �tiES�� a distar.ce Oi
lo9.S6 ieet; t:-:ence 2�i01'�l'1 27 decrees �C mir.utes 2$ SEC071C1S {':�5�� 1 Ci15�2RCfl Of
12G.00 fee� ZA.3 ��ere said ceaterline Lerninates. Said poir.� o� ter��ina�ion
�.."`==`•�1�J 111�.85 =eet SOL'�R OZ i..^.? IIOYLR �.171Q Oi ��'?E pOr�hWESL one quarter O_
�aid _=ection 33 and be_ng 230.87 feet west of the east line of the west one
h%:1� oi the northwest one cuarter of said section 3"s. The side easement lines
are to be prolo*�ced or shorteZ to tern?nate at the west lir:e oP North Prior Ave.
EXHIBTT ••A>,