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90-454 WMITE - CITV CLERK PINK - FINANCE �► . G I TY OF SA I NT �A U L Council ///JJf�� CANARV - DEPARTMENT ��/ BLUE - MAVOR File NO• - � C ncil Resolution ���{� � , , Presented By , 3 -� � J�� �efer �� Committee: Date � Out of Committee By Date WHEREAS, The Port Authority of the City of Saint Paul is the fee owner of certain land South of University Avenue between Ha�line Avenue and Syndicate Street, said land being described in Exhibit "A" of the attached Easenent Agreement; and WHEREAS, The Port Authority desires to grant a utility easement in favor of the Board of Water Co�oenissioners and the City of Saint Paul subject to terms and conditions of said Easement Agreeauent; and WHEREAS, The Board of Water Commissioners has approved and executed said Easement Agreement and Water Utility staff recoanmends that the City Council concur with action taken by the Board; now, therefore, be it RESOLVED, That the attached Easement Agreement is hereby approved and that the proper City officers are directed to execute said Easeaaent Agreement on behalf of the City of Saint Paul. COUNCIL MEMBERS Requested by Department of: Yeas Nays ;m a Dimond Water tility Goswitz In Favor R '� Long � � ;bel Maccabee _ Against By � ` '� � n Rettman General Mana er � Thune �7ilsOn 14 Form Appr v by City Attorney Adopted by ouncil: Date APR � ? 90 Certified Y- •s Council ect ry B}. �—� � c? t�pproved by � v r: D e � APR 1 2 19�4 Approved b ayor for Submrssi to Council By � c� By �<Z��lt� �tlStiE� i��R 21 199.�. _A' � ���s� DEPARTMENTI�FICFJOOUNCIL OATE INITIATED water oti�ity 3/1/90 GREEN SHEET No. 121 CONTACT PERSON 8 PHONE �pEpARTMENT DIRECTO � v � �GTY COUNpL INITIAUDATE Thomas D. Mogren 298-41�00 �� 0 cmr nrro�,Ner �cm,c��uc MUST BE ON OOUNpI A(iENDA BY(DATE� ROUTMq �BUDQET DIRECTOR �FlN.3 MOT.�RVICE8 DIR. �MAYOR(OR A8818TANn � TOTAL#OF SIGNATURE PAGES 4 (CLIP ALL�OCATIONS FOR 81GNATUR� ACiION RE�UE3TED: Execute the attached Easement Agree�nent on behalf of the City of Saint Paul. RECOMMENDATIONS:APProvs W or Rekq(RI COUNCIL COMMITTEE/RESEARCH REPORT OPTIONAL _PLANNINO COMMISSION _qVIL�RVICE COMMISSION ��Y� PHONE NO. _CIB COMMITTEE A Board of Water _�,� _ Co�nissioners �E�� _o,������ _ CITY �TTC����Y SUPPORTS WHICH�UNCIL OBJECTiVE? INITIATIN(i PROB�EM,ISSUE.�PORTUNITY(1Nho.What,When.Where,Wh�: The Port Authority of Saint Paul proposes to dedicate a utility easement intand between Hamline Avenue and Syndicate Street south of University Avenue. Said easement provides for utility services to the Midway Target Store and the Sheraton Inn-Midway. ��CEiV�� ADVAWTAOES IF APPI�VED: 1(9 n n 1�7J1J The Water Utility and other utility companies will be assured of continued access to their facilities. I�IAYO��C a�;���� DIBAOVANTA(iE8 IF APPROVED: �^��`t�� � r None � � O ��,41� ER,� Gl�� C� DISADVANTAOES IF NOT APPROVED: Access to utilities may be permitted, but at the discretion of the Port Authority. �ouncU F�esearch Center, MAR 131990 TOTAL AMOUNT OF TRANSACTION = N�A C08T/REVENUE BUDOETED(CIRCLE ON� YES NO FUNDING SOURCE N�A ACTIVITY NUM�R ��A FlNANdAL INFORMATION:(EXPLMN) �� C,'�a��` " 11. RESOLUTION - 90-454 - Aut orizing proper Approved 4-0 City officials to execute an easement agreement between the Port Authority and the Board of Water Commissioner for dedication of utility easement in land located between Hamline and Syndicate south of University to provide services to the Midway Target Store and to the Sheraton Inn-Midway. (Referred to Committee 3/22/90). 12. FIRST READING - 90-455 - An ordinance Approved 4-0 amending Chapters 87, 88, 90, 91 and 92 of the Legislative Code pertaining to the Board of Water Commissioners and Water Service Regulations. (Referred to Committee 3/22/90) . 13. RESOLUTION - 90-244 - Authorizing proper Laid over to City officials to execute an agreement 4-18-90 between the City and the United States of America whereby the City would pay the U.S. Governmen� for the purpose of aiding in the repair af the Mississippi River Bank at Lambert Landing adjacent to Warner Road by Sibley and indemnifying the U.S. Government from damages due to construction and maintenance. (Referred to Committee February 15, 1990) . � ��,T=a� CITY OF SAINT PAUL Members: ��a ; OFFICE OF THE CTI'Y COUNCIL Roger J.Goswitz,chair � David Thune,vice chair , „iu��im . - Tom Dimond + u[� il�u ho' Bob LO�g ° Date:Hpril 4,1990 "" RECEIVED Committee Report APR05�990 To: Saint Paul City Councii CITY CLERi( From: Public Works, Utilities, and Transportation Committee Roger J. Goswitz, Chair 1. Approval of minutes of March 21, 1990 Hearinq Date 2. 4/12/90 VACATION: Petition of Health One Corporation to vacate the alley in Block 50, Dayton and Approved 3-0 Irvines Addition, bounded by Sherman and Ramsey Streets. Purpose is for a new ambulatory surgical center and additional parking area. 3. RESOLUTION: To authorize the execution of an agreement for a joint study between Approved 3-0 Metropolitan Waste Control Commission (MWCC) and City of St. Paul to develop a method for determination of waste water flows for City of St. Paul . 4. 4/12/90 FINAL ORDER: Sidewalk Construction and/or reconstruction at the following locations: Approved 3-0 S9001 Both sides Edmund Avenue from North Victoria to North Milton Street. S9002 Both sides Lafond Avenue from North Griggs Street to North Syndicate Street. S9003 Both sides South Avon Street from Goodrich Avenue to Fairmount Avenue. S9004 West side South Dunlap Street from Fairmount Avenue to St. Clair Avenue. S9005 Both sides Morton Street from South Robert Street to Livingston Avenue, and West side South Robert Street from East Morton Street to Extended north line of Page Street. S9006 Both sides Ottawa from West Winona Street to West Wyoming Street. 59007 Both sides West Stevens Street from Humboldt to Stryker Avenue. 5. 4/19/90 S9008 Both sides Cambridge Street from Approved 3-0 Lincoln Avenue to Princeton Avenue. S9009 East side South Fairview Avenue from Saunders Avenue to Rome Avenue with Integral Curb. � � � � � yo-�s'� '° �,(� ��/,�s� ��°�� EASEMENT AGREEMENT _ AGREEMENT, made and entered into this day of , 1989, by and between PORT AUTHORITY OF THE CITY OF SAINT PAliT�� a Minnesota municipal corporation (hereinafter designated as "Authority") , and BOARD OF WATER COMMISSIONERS OF THE CITY OF SAINT PAUL, a Minnesota municipal corporation (hereinafter designated as "Board") , and the CITY OF SAINT PAUL, MINNESOTA, a Minnesota municipal corporation (hereinafter designated as "City") . RECITALS WHEREAS, Authority is the fee owner of certain real property located in the City of Saint Paul, Ramsey County, State of Minnesota, legally described on Exhibit A attached hereto and made a part hereof by this reference ("Premises") ; WHEREAS, Authority desires to grant a utility easement in . favor of Board and City over a portion of the Premises subject to the terms and conditions �iereinafter set forth; and NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged by Authority, and in - further consideration of the premises and covenants contained herein, the parties agree as follows: 1. Grant of Easement. Authority hereby grants, bargains and conveys unto Board and City, their successors and assigns, a perpetual utility easement on, over, under and across a portion of r . ���, �,.�� the Premises legally described on Exhibit B attached hereto and - made a part hereof by this reference ("Easement Property") for the purpose of installing, maintaining, operating, repairing and reconstructing of water mains; provided, however, that the Board and City shall install, maintain, operate, repair and reconstruct such water mains so as not to interfere, damage or disrupt existing utility lines located within the Premises. It is hereby understood and agreed by all parties as follows: a. Authority retains the right to use the Easement Property for any lawful purposes, provided that no buildings, structures or trees are permitted within the Easement Property, or any temporary structure, material storage, fixture or other objects that will prohibit normal access to water facilities for maintenance purposes. b. No change from the existing grade is permitted without • written permission from Board and City; Board and City agree to locate the wateryfacilities at least 40" below _ the surface and shall back fill and compact the trench area. c. No change in surfacing within the Easement Property is permitted without written permission from Board and City. d. That Board and City, its successors and assigns shall fully indemnify, defend and save harmless the 2 - . � _ � �ya -�.�� ,. Authority, their officers, agents, employees and servants - from all suits, actions or claims which shall arise from any injuries or damages received or sustained by any break in any service pipe, water main, or connection in said Easement Property, arising out of or resulting from any negligence of Board and City, its employees, agents or business invitees. Authority, its successors and assigns, does covenant with the Board and City, their successors and assigns, that it is .the fee owner of the Easement Property and has good right to grant and convey the easement herein to the Board and City, subject, however, to easements and rights previously granted to others, including Dayton Hudson Corporation. 2 . Easement to Run with Land. This easement shall run with and be appurtenant to the Premises and shall be binding upon and • inure to the benefit of the parties hereto, their successors and assigns. ,, . . 3 -. . � %o-�s� IN WITNESS WHEREOF, the parties hereto have caused this - Agreement to be executed as of the day and year first above written. PORT AU�HORITYZSF�Z'HE CITY �CSF SAINT PAUL i a.,� �--------� By Its �f�.,:�� .r..� By I zts BOARD OF WATER COMMISSIONERS APPROVED: OF THE CITY OF SAINT PAUL � !%-� - BY � - Thomas D. bgren Its ,�1 General Manager FORM A ROVED: By �-'-�i�.�. - - _ • Its �.-�.�.i L l Assi �nt C' y At rney . y City o Sai Paul 4 . �yo-�s� FORM APPROVED: CITY OF SAINT PAUL � . ,� / � By �,��� Assistant City Attorney J s Scheibel, Mayar � �"`�� _ , By Albert B. Olson, City Clerk By Edward J. Warn, Acting Director of Department of Finance and Management Services _ 5 _ � _ - � . � � yo-�sy STATE OF MINNESOTA ) � ) ss. COUNTY OF RAMSEY ) On this �(o day of � , 1989, before me, a N tary Public within and fd said County, personally appeared � � ���:,� and , to me personally known, who, being e ch by me duly sworn, did say that they are, respectively, the �,-2�.-,��,,z� and the .,,,�- ,.„ _���� of the PORT AUTHORITY OF THE CITY OF SAINT PAUL, e public corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said�c,o�'poration by authority of its Bo rd of Commissioners, and said U✓�, P ���-.-- and � acknowledged said instrument to be the fr e ac and deed of said corporation. �M , JEINEL M.OLSON y Z5•��� NG�ARY/WUC'MINNESOTA S WrsEr t'ouNTr _ /J Z M1 VM1111.Expinc Sspp 18,1990 � « "' �w�����w�. � Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) ' The foregoing instrument was acknowledged before me this day of , 1989, by , President, and , Secretary, of the Board _ of Water Commissioners of the CityJof Saint Paul, Minnesota, a Minnesota municipal corporation, on behalf of the corporation. Notary Public 6 _ � 90 -��� STATE OF MINNESOTA ) , ) ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of , 1989, by , Mayor of the City of Saint Paul, Minnesota, a Minnesota municipal corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of , 1989, by , City Clerk of the City of Saint Paul, Minnesota, a Minnesota municipal corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ) s s. -. _ - COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of , 1989, by , Director of the Department of Finance and Management Services of the City of Saint Paul, Minnesota, a Minnesota municipal corporation, on behalf of the corporation. Notary Public 7 . C�r ya��s� CONSENT - Dayton Hudson Corporation, a Minnesota corporation, hereby consents to the above Easement Agreement. DAYTON HUDSON CORPORATION Dated: i �� 90 By Its - �. t• �e f � , ore ,. BY Its �Nj!liam . ►se ,,�.:y$��nt Secretary STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) _ The foregoing instrument was.�� nowledged before me this /� day of T/3x>c�i9-rQ-� . � by s.4ek .�. .�-o.e�r�9-i•cJ� • and P. �- w o� a�r�e���re�s�ectively, the s,e. ✓.P oF ��r-srs� c-� o,v,oF `�i`d`��e ,�`ss,sr�.c�--s-�.e��a y of DAYTON HUDSON CORP RATION, a Minnesota corporation, on behalf of the corporation. � � �� � Notary ublic r � LNDA E. JOHNS0�1 '�� Nor�rtr��sor� HENI�PIN OOUNTY My oam�.6prp,hn.8.1wt Y � 8 .�_ . _ � . G�y�-�s�` CONSENT - Grosvenor operties Ltd. , a Califor a corporation, hereby consents to th above Easement Agr ement. GROSVENOR PROPERTIES, LTD. Dated: By Its B s � STATE OF ) ) ss. COUNTY OF ) • The foregoing instrument was acknowledge before me this day of , 1989, by and , who are, respectively, the , . and the of GROSVENOR P OPERTIES, LTD. , a California cor oration, on behalf of the corpor tion. y _ Notar Public 9 . � � � �y�-�5� Exhibit A Description of Land - � Description of Land of Sheraton Midway Hotel, located at 400 N. Hamline Avenue, Saint Paul, Minnesota. PARCEL 1 � _ Lot C, Block 4 ; That part of Lots 2 , 3 and B, Block 4 , MIDWAY INDUSTRIAL DIVISION, lying South of a line that is 687 . 08 feet South of and parallel to the North line of Lot 8 , KITTSONDALE, BEING AUDITOR'S SUBDIVISION NO. 27 , ST. PAUL, MINN. ; except that part of said Lot 3 described as beginning at the Southeast corner of said lot; thence North along the East line thereof 75 feet; thence West parallel to the North line of Lot 2 , Block 4 , a distance of 200 feet; thence South parallel to said East line to the South line of said lot; thence Easterly along said South line to the point of beginning; That part of Lot 4 , Block 4 , lying Northerly of a line parallel to and 27 feet Northerly of a line described as beginning at a point on the West line of the Southeast Quarter of Section 34 , Township 29 , Range 23 , distant 1342 . 79 feet North from the Southwest corner of said Southeast Quarter; thence North 89 degrees 53 minutes 38 seconds East (assuming said West line of the Southeast Quarter as bearing North and South) a distance of 337 . 17 feet ; thence Easterly on a tangential 7 degree curve concave to the North having a central angle of 7 degrees 28 minutes a distance of 106 . 67 feet; thence Easterly on a tangent • to said curve 46. 2 feet; thence Easterly on a tangential 7 degree curve concave to the South having a central angle of 8 degrees 18 minutes 35 seconds a distance of 118 . 71 feet; thence Easterly on • a tangent to said curve a distance of 25 feet, more or less, to the East line of said Lot 4 , and there terminating; All in MIDWAY INDUSTRIAL DIVISION. � PARCEL 2 . That part of Lot 3 , Block 4 , Midway Industrial Division, � described as follows: Beginning at the Southeast corner of Lot 3 , Block 4 , MIDWAY INDUSTRIAL DIVISION; thence North along the East line of Lot 3 , 75 feet; thence West and parallel to the North line of Lot 2 of said Block 4 , 200 feet; thence South and parallel to the West line of Syndicate Avenue 80 feet, more or less, to the South line of said Lot 3 ; thence East on the South line of said Lot 3 , 200 feet, more or less, to the point of beginning. � � � �y�-�s� � EXHI�='^ � � Land si�uated �n �2.�.sey County, Minnesota describing as fallows : • � All �hat pa:t of Lots B, 2 and 3 , Block 4 Midway In�ustria? ���r_sion lying between t•�ao pzrallel lines that are 687 . 08 fee� and 7?7 . 08 feet respec�ively South of a^d paralle? to the No�^�h line of Lot 8 , �Si�tsonda?e , be=:�6 �c:ditor ' s Subd=v=s=o-: NO . 27 , S� . Pzu1 , �^{ ^_.. � co.^.�a�:,i::g 0 . 413 ac^=s c� 17 , 586 s�uz�e i2?L . CITY OF ST. PAUL ��D��J��f � OFFICE OF THE BOARD OF WATER COMMISSIONERS RESOLUTION—GENERAL FORM N� 4�t�9 � PRESENTED BY DATE $a�}+�'� +„�7r��� �.�sA COMMISSIONER WHEREAS, The Port AuLhori ty of the Ci ty of Sai n� Pau 1 i s i:he fee. o�vner of � cer�ain land Sou�h of University Avenue between Narnline Avenue and Syndicate Street, legally described in £xhi�it "A" of �he a�tached Easement Agreemerr� and referred �o therein as "Premises"; and WNEREAS, The Port Authori�y desires to grant a utiljty easement in favor of � �.he Qoard of Wa�er Comfiissioners of �he City of Sain� Paul wjthin said Premises sub�ect to �erms and conditions of said Easement Agreernen:; and WNERE�S, Wa4er Util�ty s�aff acknowledges that said utility easement and Eas��nen� Agree�en� are required �to effec�ively ins��all , operate, �nain':ain, repair and r�consFruct water faciii*ies in said proposed easemen:; now, �herefore, be i�. RESOLYEt?, Tha} ihe Soard of Water Conr,nissioners hereby accep±s �he u��lity ease��ent conveyed jn �he attached Ease�nent Agreemen�: and that the proper officers of the Board of Wa�er Commissioners are hereby direc�ed to execu�e sa�d Easemen* Ac�reemen� on behalf of the Board. Water Commissioners Adopted by the Board of Water Commissioners Yeas Nays �?ylar Rettman F��,-t2�r� '' 19�0 1'hu�� � Vice Presidea� Bachrach ., �`. Preaident Gasftit2 � In favor�_ Oppose�� '`'`� `��. SECY. _ '._ _ - °_ - , ,.;. - -`,` _- - _ _ _ . - - , .;: .._ .. ,:. . . - _ x:'� .-.w.`f .�,. �r. Y � r . T � . . �� t- � : . :a �-�l � �4� t � ' .µ..` !ti �:� � +.2.+ ~� 1. . . ` u.nx-.m�N 4.C r ��w < .: w.1'rt �?e l •'�. N�N.„ ay s� �f i!'��.� ^a.-�'J- 't�Aw f ,f .ca. -. n+ - } .�' �4 y. ' r~ ' �� { � F '~ 1. m"k -, "� � ... ✓ � f Y '"6 �- i .x � � ,�. � -t �.;1 x 4 �. '�': "" �' ' � c .r ,. , �.: y.5. .' :. : . 'S 't�v � ` i 1 4 iX� a' . h:: .:.� -.. ., ;'�r.a - S ? 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