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89-776 WHITE - CiTV CLERK PINK - FINANCE G I TY OF S I NT PAU L Council CANARV - DEPARTMEN T 7(1(/ BLUE - MAVOR File NO• - �" T - � CQunci esolution �� � � Presented By Referred To Committee: Date Out of Committee By Date WHEREAS , the City of ai t Paul owns a sewer easement over a portion of Lots 13 nd 29, Windsor 5quare Addition to the City of Saint Paul and the o er of the property has requested permission to make certain i provements on their property, including driveway, parking 1 and curbs to be located on a portion of the City' s sewer a ment; and WHEREAS , the Department o Public Works has no objection to the owner developing their p operty in accordance with their proposed plans provided tha he owner of the property ac- knowledges that the City is n responsible for replacing any paving, curbing, landscapin r other surface improvements in the event the City is eq ired to repair or replace the sewer within the easement area d WHEREAS , the owner has p esented to the City of Saint Paul a maintenance agreement s tting forth the terms and con- ditions as set forth above d the Department of Public Works has recommended that the Ci y Council approve this agreement ; now, therefore , be it RESOLVED, that the Counc ' 1 of the City of Saint Paul does hereby approve the subject a ntenance Agreement referred to above, a copy of which is at a hed hereto, and the Mayor, City Clerk and Director of the De a tment of Finance and Management Services be and is hereby aut or zed to execute the said Mainten- ance Agreement on behalf of th C ' ty of Saint Paul . COUNCIL MEMBERS Requested by Department of: Yeas Nays Dimond r.ona [n Favor � cosw;tz Rettman � Sc6eibel _.�—_ A ga i n s t BY Sonnen Wilson Adopted by Council: Date MAY — 4 �9U9 Form Appr e by City orn , i Certified Pas e b un .il S t BY , By j� % t#pproved,b avor: D e _ M — 8 � Approv d y Mayo for Submission to Council gy ��-- " BY PuQ�ss�]D r��Av l 319a . . ��—?�� DEPART,�AENT/OFFlCFJOOUNdL DATE INYM 2 5 51 , P,���� Works 4-3-89 GREEN SHEET No. �Nmw�ATE c�or�r�cr��a�e 0 cm�uaa� David Conley 292-6005 � CfTY ATTORNEY �GTY CLERK MUBT 8E ON COUNqL AQENDA BY(DAT� ROU'i1N0 BUDfiET DIRECTOR �FIN.8 MOT.BERVICES DIR. MAYOR(OR ASSISTAN'n � TOTAL N OF SIGNATURE PA�iEB 2 (CLIP ALL A IONS FOR 81QNATURE) ACTION REf]UE8TED: Approve "Maintenance Agreement" between th C ty of St. Paul and Garden Court Apartments, Limited Partnership RECOMMENDATIONS:Approvs py a Reject COUNCIL I EE/RE8EARG1 REPORT _PLANNIN(�COAANNSSION _CML SERVIf�COMMISSION ANALY8T PHONE N0. _CIB COMMITTEE _ COMMENTS: � 4 A BTAFF _ � —DIBTRICT COURT _ � C�O S 3UPPORTS WNICN COUNqL OBJECTIVE? 9�F G/�C�i ''9B9 INfT1ATIN0 PROBLEM,issue,oPPOaTUNmr Mmo,wnu,wh.�+,wnero,wny�: pro er y owner has ted permission to make certain improvements on their property, in lu ing driveway, �king lot, curbing, and landscaping to be located on a portion of he city's sewer eas''�ment. Owner submitted site _ plan for review on February 21, 1989. Sewe D vision has no objection provided that the owner acknowledges that the city is not re po sible for replacing the improvements in the event the city is required to repair or re la e the sewers within the easement area. ADVANTAOES IF APPROVED: "Maintenance Agreement" protects the city ro restoration cost of proposed improvements located within sewer easement, also will p ov de future property owners a record of the Agreement. DISADVANTAOES IF APPROVED: None DISADVANTAOES IF NOT APPROVED: The city's cost to repair or replace the s we s ir� the easement is potentially higher. Also, a clear understanding that the prope ty owner is responsible for restoration of the improvements would not exist. CO��'�E� R@�earch Center APR 2 6 �589 TOTAL AMOUNT OF TRANSACTION a C08T/REVENUE BUDOETED(qRCLE ONLh YES NO FUNDINO SOURCE ACTIVITY NUMBER FINANGAL INFORMATION:(EXPWN) f....�,_ ,_ (RETURN TO JEROME EG L AFTER ADOPTION) � WMITE - C�TV CLERK PINK - FINANCE G I TY O A I NT PAU L Council �y CANARY - OEPARTMENT c / 7�/J BIUE - MAYOR ('lle NO. — I /r � Counc� esolution Presented By Referred To Committee: Date Out of Committee By Date WHEREAS , the City of a'nt Paul owns a sewer easement over a portion of Lots 13 n 29, Windsor Square Addition to the City of Saint Paul and the o ner of the property has requested permission to make certain i provements on their property, including driveway, parking 1 t and curbs to be located on a portion of the City' s sewer a ement; and WHERERS , the Department o Public Works has no objection to the owner developing thei p operty in accordance with their proposed plans provided tha he owner of the property ac- knowledges that the City is n t responsible for replacing any paving, curbing, landscapin r other surface improvements in the event the City is eq ired to repair or replace the sewer within the easement area d WHEREAS , the owner has p esent�d to the City of Saint Paul a maintenance agreement s tting forth the terms and con- ditions as set forth above a d the Department of Public Works has recommended that the Ci Council approve this agreement; now, therefore, be it RESOLVED, that the Counc ' 1 of the City of Saint Paul does hereby approve the subject a' tenance Agreement referred to above , a copy of which is at ac ed hereto, and the Mayor, City . Clerk and Director of the De a tment of Finance and Management Services be and is hereby auth r zed to execute the said Mainten- ance Agreement on behalf of th C ty of Saint Paul .. COUNCIL MEMBERS Yeas Nays Requested by Department of: Dimond �ng In Favor Goswitz Rettman B Scheibei Against Y Sonnen Wilson Form Appr e by City orn , Adopted by Council: Date ' � � % Certified Yassed by Council Secretary BY I B� r ��! Approved by Mavor: Date Approv d py MayoF�for Submission`•to Council