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.
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