Title
Authorizing the proper city officials to approve the Amendment to the Grant of Easement and the Amendment to the Pedestrian Concourse Agreement between Pioneer Endicott LLC and the City of Saint Paul.
Body
WHEREAS, Pioneer Endicott LLC ("Property Owner") owns the real property located at 332 Robert Street North, Saint Paul, Minnesota, 55101 (the "Pioneer Endicott Property") and legally described in Exhibit A, and
WHEREAS, on March 10, 1978 Watson P. Davidson, Jr. and C. M. Bend, Jr., predecessors in interest in the Pioneer Endicott Property ("Former Owners"), The Housing and Redevelopment Authority of the City of Saint Paul, Minnesota and The City of Saint Paul, Minnesota ("City") entered into a Pedestrian Concourse Agreement ("Original Agreement") for a downtown Saint Paul redevelopment project including construction of pedestrian bridges and a pedestrian concourse system, said Original Agreement being recorded with the Ramsey County Recorder's Office as Document Number 2117293. Concurrently, and in conjunction with the Original Agreement, the Former Owners entered into a Grant of Easement For Pedestrian Concourse System granting to the City an easement for a pedestrian concourse system for the use and benefit of the public as a public way for pedestrian transit in and through the second floor of the Pioneer Endicott Property and connecting the pedestrian concourse system by way of vertical access from Robert Street, Fourth Street and the ground floor, (the "Original Easement"), said easement being recorded with the Ramsey County Recorder's Office as Document Number 1996624, and
WHEREAS, due to recent major renovations within the Pioneer Endicott Property, the location of the pedestrian concourse system has been altered. Under the Original Easement the Former Owners retained "the right to change the location of said easement on the condition that new easements are granted which permit the continuity of the pedestrian concourse systemÂ…", and
WHEREAS, the parties desire to amend the Original Easement and Original Agreement to reflect the change in location of the pedestrian concourse system as depicted and legally described in Exhibit B; now, therefore
BE IT RESOLVED, that the City Council hereby authorizes the proper City officials to execute the attached First Amendment to Grant of Easement for Pedestrian Concourse System amendment and the First Amendment to Pedestrian Concourse Agreement in a form and content substantially as set forth in Exhibit B attached hereto; and to record said amendments with the Ramsey County Recorder's Office and/or Registrar of Titles.