Title
Approving the first amendment to the 875 South Lexington Parkway Easement Deed.
Body
This first amendment (the "Amendment") to the 875 South Lexington Pkwy. Easement Deed, effective on the date of execution by both parties, is made and entered into by and between the property owner of 875 South Lexington Pkwy., hereinafter referred to as the "Property Owner", and the City of Saint Paul, hereinafter referred to as the "City",
WHEREAS, the property owner and the City signed an agreement (the "Agreement") on July 14th, 1953 that allowed the City to construct and maintain a 12 inch storm pipe underneath the driveway of the property at 875 South Lexington Pkwy., and
WHEREAS, as part of the agreement, a Ribbon driveway (see Exhibit A1) was constructed on top of the City's 12 inch storm, and
WHEREAS, the unpaved middle section of the Ribbon driveway was designed and constructed to allow surface water runoff to infiltrate through it and enter the City's 12 inch storm pipe, and
WHEREAS, the unpaved middle section of the Ribbon driveway provides quick and easy access for repairing the City's 12 inch storm pipe, and
WHEREAS, the City's 12 inch storm pipe underneath the Ribbon driveway has been inspected and determined to have no major defect, and
WHEREAS, the Property Owner and the City have agreed that the driveway on top of the City's 12 inch storm pipe can be changed from a Ribbon driveway to a V-shaped solid driveway, and
WHEREAS, the Property Owner and the City intend that all other provisions of the Agreement not changed, amended or modified through this Amendment shall remain in full force and effect.
NOW, THEREFORE, in consideration of the premises and the mutual promises made in connection herewith, the Property Owner and the City agree to the following conditions for changing the driveway at 875 South Lexington Pkwy., from Ribbon to V-Shaped:
1. The Property Owner shall construct the V-Shaped driveway within the property limits o...
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