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File #: RES 19-274    Version: 1
Type: Resolution Status: Archived
In control: Board of Water Commissioners
Final action: 2/12/2019
Title: Pertaining to a Consent to Assignment and Assumption consenting to the transfer of ownership of a private water main serving the property addressed as 750 N Milton Street in the City of Saint Paul from Wilder Square, LLC to CommonBond Communities.
Attachments: 1. Staff Report, 2. Location Map, 3. Consent to Assignment & Assumption, 4. Assignment & Assumption Agreement, 5. Resolution 19-274
Title
Pertaining to a Consent to Assignment and Assumption consenting to the transfer of ownership of a private water main serving the property addressed as 750 N Milton Street in the City of Saint Paul from Wilder Square, LLC to CommonBond Communities.


Body
WHEREAS, a Private Water Main Agreement between the Amherst H. Wilder Foundation, and the Board of Water Commissioners (“Board”) dated June 3, 1974 provided for the installation, maintenance and repair of a private water main that supplies public water service to 750 North Milton Street, Saint Paul, Minnesota (“Private Water Main Agreement”); and

WHEREAS, the current owner, Wilder Square, LLC does now desire to transfer ownership of the property to CommonBond Communities; and

WHEREAS, the Private Water Main Agreement stipulates that all rights and obligations of said Agreement run with the land and that transfer of ownership requires consent of the Board; and

WHEREAS, the parties have executed an Assignment and Assumption Agreement that transfers rights and obligations in accordance with the terms and conditions of the Private Water Main Agreement, and has requested Board approval of said Assignment and Assumption Agreement; and

WHEREAS, staff has prepared a Consent to Assignment and Assumption which provides said approval by the Board; now, therefore, be it

RESOLVED, that the Board of Water Commissioners does hereby approve the Consent to Assignment and Assumption pertaining to the transfer of rights and obligations contained in a certain Private Water Main Agreement dated June 3, 1974 between the Amherst H. Wilder Foundation and the Board of Water Commissioners of the City of Saint Paul with respect to 750 North Milton Street, Saint Paul, Minnesota, from the current owner, Wilder Square, LLC to CommonBond Communities; and, be it

FURTHER RESOLVED, that the proper officers are hereby authorized and directed to execute said Consent to Assignment and Assumption on behalf of the Board, following app...

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