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<br />" <br /> <br />j.'1' <br /> <br />".~ <br /> <br />-... <br /> <br />Resolution No. 98- 019 <br /> <br />STATE OF MINNESOTA <br />COUNTY OF RAMSEY <br />CITY OF NEW BRIGHTON <br /> <br />RESOLUTION REGARDING PIPELINE RELOCATION <br /> <br />WHEREAS, Williams Pipe Line Company ("Williams") holds a pipeline right-of-way <br />easement across certain property (the "Property") owned by the City of New Brighton, <br />Minnesota ("City") and formerly owned by the MacGillis & Gibbs Company, legally described <br />on Exhibit A attached hereto; and <br /> <br />WHEREAS, the City has entered into a Redevelopment Agreement with Donatelle <br />Plastics Incorporated ("Donatelle") under which Donatelle will acquire a portion of the Property <br />to build a new manufacturing facility; and <br /> <br />WHEREAS, Donatelle's purchase from the City is contingent on the City successfully <br />defining Williams's right-of-way so that it will affect only the westerly 50 feet of the Property; <br />and <br /> <br />WHEREAS, Williams has agreed to limit the right-of-way to the westerly 45 feet of the <br />Property, provided that the City cooperates with Williams in the event that Williams elects to <br />move its pipeline to a new location. <br /> <br />NOW, THEREFORE, BE IT RESOLVED that: <br /> <br />1. The Mayor and the City Manager are hereby authorized to enter into the Partial <br />Release and Amendment of Right-of-Way Agreement with Williams Pipe Line Company in the <br />form attached hereto as Exhibit B (the "Partial Release"). <br /> <br />2. Provided that Williams executes the Partial Release in the form attached hereto as <br />Exhibit B, if Williams elects to abandon its current right~of-way easement across the Property <br />and relocate the pipeline to a new right-of-way location west of the main line of the former <br />Minnesota Belt Line Railway Company tracks now owned by MT Properties and leased to the <br />Minnesota Commercial Railroad Company (the "Westerly Route") and if the City's staff, special <br />counsel, and engineer are reasonably satisfied with their review of Williams's form of right-of- <br />way agreement and the plans and specifications for the Westerly Route as it crosses City lands or <br />street rights-of-way, the City will grant Williams at no additional consideration, subject to the <br />pre-existing rights of the public and any others to use or hold such land, a right-of~way for <br />pipeline purposes across City-owned land or street right-of~way at the existing westerly Fifth <br />