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99-1191Retum copy to: � �y } � ! � � L Real Estate Division � ( � 140 City Aall r.��r�a s Referred To RESOLUTION CITY OF SAINT PAUL, MINNESOTA �� comminee: Date WHEREAS, the City of Saint Paul, Ramsey County and the Ramsey Regional Rail Authority entered into a 7oint Powers Agreement to construct the BN Regional Trail on Regional Rail Authority property; and en: ii �z WHEREAS, the City of Saint Paul; and Ramsey County have prepazed a Joint Master Pian for the development of the said BN Regional Trail; and WHEREAS, Ramsey County has obtained, funding to construct a 1.5 mile segment of the trail between Johnson Parkway in Saint Paul and Frost Avenue in Maplewood, linking two segnents of the trail previously constructed by the City and County; and WHEREAS, to connect to the existing trail, Ramsey County must obtain an easement to construct 130 meters of the trail across City owned property in Phalen Regional Park; and WHEREAS, the Departments of Public W orks and Parks and Recreauon of ffie City of Saint Paui have reviewed and approved the plans, and the City wishes to donate the required easement at no cost; is THEREFORE BE IT RE50LVED, that the Saint Paul City Council hereby approves Public Trailway ia Easement and Agreemet, Parcel #1 between the Ciry of Saint Paul and Ramsey County for the BN is Regional Trail S.P. 62-090-01; and 16 i� is 19 BE IT FURTHER RESOLVED, that the proper City officials are hereby authorized aud directed to execute the dedication of the said easement; and BE TT FURTHER RESOLVED, that the proper City officials are hereby authorized and directed to sign a Waiver of Compensation Letter for Parcel #1 S.P. 62-090-01. Requested by Deparnnent of: Technoloev & Mana�ement Services By: lit�irector Form Approved by City Attorney By: �'",�+1•%✓vsvr�rw� /��7/`i'q Adopti Certified by Council Secretary By: � l, ,�-,�.�-; �_----- A d by May or Su ' sion to Council Approved by M Date ' By: ,!� B f Council File # qq -L1�S Green Sheet # looq�t� Adopted by Council: Date ��_\5 ��_ .M.S.lR�AL ESTAT'� DIVISION Date: I�cember3, t999 reen Sheet Alrmiber: 1pp924 onfacf Person andPhone Nwn6er: � 2 EPARTMftNT�DIItFtiTOH � 4 CZlFCOQNCIL g_ ,�, 'l Peter White 266-8850 "'°"°` 1 rrYn �� crrYC�s DIRECTOR FFTCEOFFINANCIALSVCS. � n� on co�a��aa n�: December 15, 1999 3 YOR (OR ASSLST 5 Esrax�v�ox OTAL # OF SIGNATURE PAGES 1 (CLIP ALL'LOCATIONS FO SIGNATURE) CTIQN REQIIESTEIT: To authorize the proper City officials to execute a dedication of perpetual and temporary easements across City owned lands for construction of the BN Regional 1Y�ai1 and to sign a t'�'aiver oY�ompensarion Letter. Ref: i. ResotuEion for consideration; Z. Sample copy of easemeaE dedieaEion; 3. Samgle eagy vf W aiver o� Compensatioa Letter; 4. Mag showing lgcatigu � p�oposed easements. OMII�ATIONS: AYPROVE (.� OR REIECT (R) E�pNAL SERVICE CONTRACTS M[7ST ANSWER THE FOLLOWING: . Has ihe pe�son/firm ever worLed mider a contract tor this depardnrnt? YES NO PLANNI�iG COMMI54ION A STAFF .�as this persoNSrm ever been a C�y empYoyee? YES NO cmr, sertvice . BoestluspersoNSrn�possess�as�$�tnornmlly�rossessedbymtp YES NO carrent CStp employee? C� eOMMFt't8a T&gle� a&YESAnswezs BitRSegatBk.esk¢et 8Ab atlaelL PORTS WHICH COUNCII, BJECTIVE? UNCII., WARD(S) 6 DISTRICT PLANNING COUNCII. > r ' 7A'F3N6 gRO�EM, ISSUF.. ORPdR'F[INI'F]' f4�'hu� �['haf, 4l'Lea� 4�LeFe, �XkY?� � Citp entered 'mto a joiIIt gawers agreeuteut with Itamsey Cotmty amt Bamsey Regiouat R� Autt�sFity te comsEFUCt BN Regional T�. DVANTAGES IE AYYROVED: The section of the trail across City property will connect two sections previously constructed. ISADVANTAGES IF AYPROVEIY: None ISADVANT'AGES IF NOT APPROVED: An alternate route would have to be found. OTA�. AMOUNT OF TRANSACTION: �(� COST/REVENIIE BiTDGETED (CIRCLE ONEj YES NO i7NDING SOURCE: ACTIVITY PtUMBER: I�I.�'CSAL INFORMATION: (ERPL.AI-� � . . : �,-. .--. --. - . - _ �oO:.M,F°.�$ �959A�C�i �3R�0P a V = ; _ F; :-;' ° = �'e<;s�, `� �.> a : .. City officials w71 sign a Waiver of Compensation letter.�� NL �� y' � J � � �� ,� e � . DEDICATION OF EASEMENT 0 .� _� For Public Trail Purposes T'he City of Saint Paul, a municipal corporation of the State of Minnesota, Grantor, for good and valuable consideration, to them in hand paid and the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey to the County of Ramsey, a political subdivision of the State of Mimiesota, Grantee: a perpetual easement for public trail purQoses on, over, under and across the lands, as described in Exhibit "A" attached hereto and by this reference made a part hereof, with the right to enter upon such lands at any time that Grantee may see fit for the purpose of maintaining repairing or replacing the said public trail over, across and through the said lands, together with the right to excavate and refill ditches andlor trenches for the location of said public trail and the further right to remove trees, bushes, undergrowth, exisung materials and other obstructions interfering in the location construction and maintenance of said public trail; to have and to hold the same forever, and does further grant, bargain, sell and convey to the Grantee: a 25.00 foot temparary easement and two (2) 10.00 foot temporary easements, all for construction purposes over, under, across and through the lands as described in Exhibit "B" attached hereto and by this reference made a part hereof; said temporary easement to expire on the 31st, of October, 2001. Grantee shall restore a11 temporary easements to a"comparable to original" condition The Grantor does covenant that it is well seized in fee of the land and premises aforesaid, and has good right to sell and convey the same free of all encumbrances. These easements shall be subject to the following conditions: 1_ Grantee, its successor and assigns, sha11 not assess against Grautor the cost of any improvements to be constructed within the area of the above described easement or any of the costs to be incurred by the Grantee in connection with this improvement project. 2. Grantee, its successors and assigns shall defend, hold harmless and indemnify Grantor its officials, employees and agents against any and all losses yudgement liabilities claims, costs and attorney fees arising out of the presence of the improvements on Grantor's property and/or the granting of this easement. 3. Grantee shall maintain the trail and approximately 10.00 feet on either side of tha trail in a good and safe condition. qq-1t11 IN TESTIMONY WHEREOF, the Grantor, City of Saint Paul , a municipal corporation under the laws of the State of Minnesota, has caused this deed to be executed in its corporate name by its duly authorized officers, and attested to this day of December. 1999. Bv Its Director of Parks & Recreauon By Its Director of Budget Office STATE OF MINNESOTA COUNTY QF RAMSEY � ss The foregoing was acknowledged before me this by the and ttae By Its City Clerk By Its Mayor day of and the and the My commission expires on notary public This Tnstrument was drafted by: City of Saint Paul Real Estate Division Room 140 City Hall St. Paul, MN 55102 Approved as to form: , 1999 B Y ��L��iv�.r�. 11.7-�9 Assistant City Attorney EXHIBIT " A 30.00-foot perpetual easement for trail purposes over, under, across and through Yhe following described properry: That part of Government Lot 6, Section 21, Township 29, Range 22, Ramsey County, Minnesota lying easterly of PHALEN HEIGHTS PARK, Ramsey County, Mi.imesota according to the recorded plat thereof The centerline of said perpetual easement is described as follows: qq .tl�l Commencing at the southeast corner of said Section 21; thence North 00 degrees 10 minutes OS seconds West, assumed bearing, along the east line of the Southeast Quarter of said Secuon 21 a distance of 907.21 feet to the point of beginning of the centerline to be described; thence South 36 degrees 13 minutes 17 seconds West 70.40 feet; thence southwesterly 56.58 feet along a tangential curve concave to the southeast having a radius of 328.08 feet and a central angle of 09 degrees 52 minutes 50 seconds; thence South 26 degrees 20 minutes 27 seconds West, tangent to said curve,1912 feet; thence southwesterly 56.48 feet along a tangential curve concave to the northwest having a radius of 328.08 feet and a cenval angle of 09 degrees 51 minutes 49 seconds; thence South 36 degrees 12 minutes 16 seconds West, tangent to said curve, 38.07 feet; thence southwesterly 60.31 feet along a tangential curve concave to the northwest having a radius of 328.08 feet and a central angle of 10 degrees 31 minutes 55 seconds; thence South 46 degrees 44 minutes 11 seconds West, tangent to said curve, 10.79 feet; thence southwesterly 60.22 feet along a tangential curve concaue to the southeast having a radius of 328.08 feet and a central angle of 10 degrees 31 minutes 03 seconds; thence South 36 degrees 13 minutes 08 seconds West, taugent to said curve 65.13 feet and there terminating. The lines of said perpetual easement are to be prolonged or shortened to terminate at the east line of the Southeast Quarter of said Section 21. Exhibit "B" ��-tlq� A 25.00-foot temporary easement for construction purposes over, under, across and through the following described properiy: That part of Govemment L.ot 6, Section 21, Township 29, Range 22, Ramsey County, Minnesota lyang easterly of PHALEN HEIGHTS PARK, Ramsey County, Minnesota according to the recorded plat thereof Said temporary easement lies northwesterly of a line run paza11e1 with and distant 15.00 feet northwesterly of a line described as commencing at the southeast corner of said Section 21 thence North 00 degrees 10 minutes OS seconds West, assumed beazing, along the east line of the Southeast Quarter of said Section 21 a distance of 907.21 feet to the point of beginning of the line to be described; thence South 36 degrees 13 minutes 17 seconds West 35.00 feet and said described line there ternunating. Together with a 10.00-foot temporary easement far construction purposes over, under, across and through said described property. Said temporary easement lies northwesterly of a line run pazailel with and distant 15.00 feet northwesterly of a line described as commencing at the terntinus of the last above described line; thence continuing South 36 degrees 13 minutes 17 seconds West 35.40 feet to the point of beginning of the line to be described; thence southwesterly 56.58 feet along a tangential curve concave to the southeast having a radius of 328.08 feet and a central angle of 09 degrees 52 minutes 50 seconds; thence South 26 degrees 20 minutes 27 seconds West, tangent to the said curve 19.12 feet; thence southwesterly 25.00 feet along a tangential curve concave to the northwest having a radius of 328.08 feet and a central angle of 4 degrees 21 minutes 57 seconds and said described line there ternunating. Together with a 10.00-foot temporary easement for conshuction purposes over, under, across and through said described property. Said temporary easement lies southeasterly of a line run parallel with and distant 15.00 feet southeasterly of a line described as commencing at the terminus of the last above described line; thence southwesterly 31.48 feet along the continuation of the last above described curve; thence South 36 degrees 12 minutes 16 seconds West, tangent to said curve, 38.07 feet; thence southwesterly 6031 feet along a tangential curve concave to the northwest having a radius of 328.08 feet and a central angle of 10 degrees 31 minutes 55 seconds to the point of beginning of the line to be described; thence South 46 degrees 44 minutes 11 seconds West, tangent to said curve 10.79 feet; thence southwesteriy 60.22 feet along a tangential curve concave to the southeast having a radius of 328.08 feet and a central angle of 10 degrees 31 minutes 03 seconds; thence South 36 degrees 13 minutes 08 seconds West, tangent to said curve, 30.00 feet and said described line there tertninating. NOV-24-1999 14�18 RRMSEY COUNTY PARKS 651 ?A8 2506 P.04i05 qq-��°�\ Mr. Larry E. Holmberg Project Manager Ramsey County Parks and Recreation Dept. 2015 North Van Dyke Street Maplewood, MN 55'109 Dear Mr. Fiolmberg: t am fully aware of Ramsey County's need to acquire an easement from the City of Saint Paul property for the above pathway project. I am also aware of our right to have the County appraise the property and of our right to receive just compensat+on. We have decided to donate Yhe easements required from our property. I hereby waive our right to have our property appraised and waive our right to receive just compensation. Sincerely, City Official Waiver Of Compensation (Donatlon) Fg. K-5-892-300 � � _� � W� o �_ J ' O p „ CJ X � � 0 � 0 o - � y 3 ti .-.O - P M • .Y Q o f- � M N 3 .m . � v . v O o -. � �/� 7� 3 � O M M ~ �� O �O � M N � , / � 0 m- N O � N •M •mo O N O tOM�+ II II I{ J�4 3 � N N o ^. N Q> o � � N � �'�� ' Q � h � � [�i IL \ ( I ` � � �I -� N N l w ft ' N �� / ON / � � � J N % I— . tn U aw > w vi .,/ , j;' � ,` . �°< .t�', ��, _ � ; o k a. �', � � �_ /f roON j � tP •N n- A •oJo ; �ONT 3 A�.r.4:i:�.� NNJO II il I �� _1 � � O ti F W� . _ N �yd ,_ � ��.;,� /� O!_ o° `j 4 m , � � m O P � � m' Z .I «1 oJ O.- `: �- O Q .� !. O `. . OJ O ' M .M N ' �9N0� � .�p ^� ulMO � ONO � J � a �� M uu� < J � � / �I � � C �_ / �i =) Q � J � �-- J Q Z � r V w � � w Z <n O K "' V W � � � a � O � Q Z a � v Z � � m . r\`t1 \ Retum copy to: � �y } � ! � � L Real Estate Division � ( � 140 City Aall r.��r�a s Referred To RESOLUTION CITY OF SAINT PAUL, MINNESOTA �� comminee: Date WHEREAS, the City of Saint Paul, Ramsey County and the Ramsey Regional Rail Authority entered into a 7oint Powers Agreement to construct the BN Regional Trail on Regional Rail Authority property; and en: ii �z WHEREAS, the City of Saint Paul; and Ramsey County have prepazed a Joint Master Pian for the development of the said BN Regional Trail; and WHEREAS, Ramsey County has obtained, funding to construct a 1.5 mile segment of the trail between Johnson Parkway in Saint Paul and Frost Avenue in Maplewood, linking two segnents of the trail previously constructed by the City and County; and WHEREAS, to connect to the existing trail, Ramsey County must obtain an easement to construct 130 meters of the trail across City owned property in Phalen Regional Park; and WHEREAS, the Departments of Public W orks and Parks and Recreauon of ffie City of Saint Paui have reviewed and approved the plans, and the City wishes to donate the required easement at no cost; is THEREFORE BE IT RE50LVED, that the Saint Paul City Council hereby approves Public Trailway ia Easement and Agreemet, Parcel #1 between the Ciry of Saint Paul and Ramsey County for the BN is Regional Trail S.P. 62-090-01; and 16 i� is 19 BE IT FURTHER RESOLVED, that the proper City officials are hereby authorized aud directed to execute the dedication of the said easement; and BE TT FURTHER RESOLVED, that the proper City officials are hereby authorized and directed to sign a Waiver of Compensation Letter for Parcel #1 S.P. 62-090-01. Requested by Deparnnent of: Technoloev & Mana�ement Services By: lit�irector Form Approved by City Attorney By: �'",�+1•%✓vsvr�rw� /��7/`i'q Adopti Certified by Council Secretary By: � l, ,�-,�.�-; �_----- A d by May or Su ' sion to Council Approved by M Date ' By: ,!� B f Council File # qq -L1�S Green Sheet # looq�t� Adopted by Council: Date ��_\5 ��_ .M.S.lR�AL ESTAT'� DIVISION Date: I�cember3, t999 reen Sheet Alrmiber: 1pp924 onfacf Person andPhone Nwn6er: � 2 EPARTMftNT�DIItFtiTOH � 4 CZlFCOQNCIL g_ ,�, 'l Peter White 266-8850 "'°"°` 1 rrYn �� crrYC�s DIRECTOR FFTCEOFFINANCIALSVCS. � n� on co�a��aa n�: December 15, 1999 3 YOR (OR ASSLST 5 Esrax�v�ox OTAL # OF SIGNATURE PAGES 1 (CLIP ALL'LOCATIONS FO SIGNATURE) CTIQN REQIIESTEIT: To authorize the proper City officials to execute a dedication of perpetual and temporary easements across City owned lands for construction of the BN Regional 1Y�ai1 and to sign a t'�'aiver oY�ompensarion Letter. Ref: i. ResotuEion for consideration; Z. Sample copy of easemeaE dedieaEion; 3. Samgle eagy vf W aiver o� Compensatioa Letter; 4. Mag showing lgcatigu � p�oposed easements. OMII�ATIONS: AYPROVE (.� OR REIECT (R) E�pNAL SERVICE CONTRACTS M[7ST ANSWER THE FOLLOWING: . Has ihe pe�son/firm ever worLed mider a contract tor this depardnrnt? YES NO PLANNI�iG COMMI54ION A STAFF .�as this persoNSrm ever been a C�y empYoyee? YES NO cmr, sertvice . BoestluspersoNSrn�possess�as�$�tnornmlly�rossessedbymtp YES NO carrent CStp employee? C� eOMMFt't8a T&gle� a&YESAnswezs BitRSegatBk.esk¢et 8Ab atlaelL PORTS WHICH COUNCII, BJECTIVE? UNCII., WARD(S) 6 DISTRICT PLANNING COUNCII. > r ' 7A'F3N6 gRO�EM, ISSUF.. ORPdR'F[INI'F]' f4�'hu� �['haf, 4l'Lea� 4�LeFe, �XkY?� � Citp entered 'mto a joiIIt gawers agreeuteut with Itamsey Cotmty amt Bamsey Regiouat R� Autt�sFity te comsEFUCt BN Regional T�. DVANTAGES IE AYYROVED: The section of the trail across City property will connect two sections previously constructed. ISADVANTAGES IF AYPROVEIY: None ISADVANT'AGES IF NOT APPROVED: An alternate route would have to be found. OTA�. AMOUNT OF TRANSACTION: �(� COST/REVENIIE BiTDGETED (CIRCLE ONEj YES NO i7NDING SOURCE: ACTIVITY PtUMBER: I�I.�'CSAL INFORMATION: (ERPL.AI-� � . . : �,-. .--. --. - . - _ �oO:.M,F°.�$ �959A�C�i �3R�0P a V = ; _ F; :-;' ° = �'e<;s�, `� �.> a : .. City officials w71 sign a Waiver of Compensation letter.�� NL �� y' � J � � �� ,� e � . DEDICATION OF EASEMENT 0 .� _� For Public Trail Purposes T'he City of Saint Paul, a municipal corporation of the State of Minnesota, Grantor, for good and valuable consideration, to them in hand paid and the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey to the County of Ramsey, a political subdivision of the State of Mimiesota, Grantee: a perpetual easement for public trail purQoses on, over, under and across the lands, as described in Exhibit "A" attached hereto and by this reference made a part hereof, with the right to enter upon such lands at any time that Grantee may see fit for the purpose of maintaining repairing or replacing the said public trail over, across and through the said lands, together with the right to excavate and refill ditches andlor trenches for the location of said public trail and the further right to remove trees, bushes, undergrowth, exisung materials and other obstructions interfering in the location construction and maintenance of said public trail; to have and to hold the same forever, and does further grant, bargain, sell and convey to the Grantee: a 25.00 foot temparary easement and two (2) 10.00 foot temporary easements, all for construction purposes over, under, across and through the lands as described in Exhibit "B" attached hereto and by this reference made a part hereof; said temporary easement to expire on the 31st, of October, 2001. Grantee shall restore a11 temporary easements to a"comparable to original" condition The Grantor does covenant that it is well seized in fee of the land and premises aforesaid, and has good right to sell and convey the same free of all encumbrances. These easements shall be subject to the following conditions: 1_ Grantee, its successor and assigns, sha11 not assess against Grautor the cost of any improvements to be constructed within the area of the above described easement or any of the costs to be incurred by the Grantee in connection with this improvement project. 2. Grantee, its successors and assigns shall defend, hold harmless and indemnify Grantor its officials, employees and agents against any and all losses yudgement liabilities claims, costs and attorney fees arising out of the presence of the improvements on Grantor's property and/or the granting of this easement. 3. Grantee shall maintain the trail and approximately 10.00 feet on either side of tha trail in a good and safe condition. qq-1t11 IN TESTIMONY WHEREOF, the Grantor, City of Saint Paul , a municipal corporation under the laws of the State of Minnesota, has caused this deed to be executed in its corporate name by its duly authorized officers, and attested to this day of December. 1999. Bv Its Director of Parks & Recreauon By Its Director of Budget Office STATE OF MINNESOTA COUNTY QF RAMSEY � ss The foregoing was acknowledged before me this by the and ttae By Its City Clerk By Its Mayor day of and the and the My commission expires on notary public This Tnstrument was drafted by: City of Saint Paul Real Estate Division Room 140 City Hall St. Paul, MN 55102 Approved as to form: , 1999 B Y ��L��iv�.r�. 11.7-�9 Assistant City Attorney EXHIBIT " A 30.00-foot perpetual easement for trail purposes over, under, across and through Yhe following described properry: That part of Government Lot 6, Section 21, Township 29, Range 22, Ramsey County, Minnesota lying easterly of PHALEN HEIGHTS PARK, Ramsey County, Mi.imesota according to the recorded plat thereof The centerline of said perpetual easement is described as follows: qq .tl�l Commencing at the southeast corner of said Section 21; thence North 00 degrees 10 minutes OS seconds West, assumed bearing, along the east line of the Southeast Quarter of said Secuon 21 a distance of 907.21 feet to the point of beginning of the centerline to be described; thence South 36 degrees 13 minutes 17 seconds West 70.40 feet; thence southwesterly 56.58 feet along a tangential curve concave to the southeast having a radius of 328.08 feet and a central angle of 09 degrees 52 minutes 50 seconds; thence South 26 degrees 20 minutes 27 seconds West, tangent to said curve,1912 feet; thence southwesterly 56.48 feet along a tangential curve concave to the northwest having a radius of 328.08 feet and a cenval angle of 09 degrees 51 minutes 49 seconds; thence South 36 degrees 12 minutes 16 seconds West, tangent to said curve, 38.07 feet; thence southwesterly 60.31 feet along a tangential curve concave to the northwest having a radius of 328.08 feet and a central angle of 10 degrees 31 minutes 55 seconds; thence South 46 degrees 44 minutes 11 seconds West, tangent to said curve, 10.79 feet; thence southwesterly 60.22 feet along a tangential curve concaue to the southeast having a radius of 328.08 feet and a central angle of 10 degrees 31 minutes 03 seconds; thence South 36 degrees 13 minutes 08 seconds West, taugent to said curve 65.13 feet and there terminating. The lines of said perpetual easement are to be prolonged or shortened to terminate at the east line of the Southeast Quarter of said Section 21. Exhibit "B" ��-tlq� A 25.00-foot temporary easement for construction purposes over, under, across and through the following described properiy: That part of Govemment L.ot 6, Section 21, Township 29, Range 22, Ramsey County, Minnesota lyang easterly of PHALEN HEIGHTS PARK, Ramsey County, Minnesota according to the recorded plat thereof Said temporary easement lies northwesterly of a line run paza11e1 with and distant 15.00 feet northwesterly of a line described as commencing at the southeast corner of said Section 21 thence North 00 degrees 10 minutes OS seconds West, assumed beazing, along the east line of the Southeast Quarter of said Section 21 a distance of 907.21 feet to the point of beginning of the line to be described; thence South 36 degrees 13 minutes 17 seconds West 35.00 feet and said described line there ternunating. Together with a 10.00-foot temporary easement far construction purposes over, under, across and through said described property. Said temporary easement lies northwesterly of a line run pazailel with and distant 15.00 feet northwesterly of a line described as commencing at the terntinus of the last above described line; thence continuing South 36 degrees 13 minutes 17 seconds West 35.40 feet to the point of beginning of the line to be described; thence southwesterly 56.58 feet along a tangential curve concave to the southeast having a radius of 328.08 feet and a central angle of 09 degrees 52 minutes 50 seconds; thence South 26 degrees 20 minutes 27 seconds West, tangent to the said curve 19.12 feet; thence southwesterly 25.00 feet along a tangential curve concave to the northwest having a radius of 328.08 feet and a central angle of 4 degrees 21 minutes 57 seconds and said described line there ternunating. Together with a 10.00-foot temporary easement for conshuction purposes over, under, across and through said described property. Said temporary easement lies southeasterly of a line run parallel with and distant 15.00 feet southeasterly of a line described as commencing at the terminus of the last above described line; thence southwesterly 31.48 feet along the continuation of the last above described curve; thence South 36 degrees 12 minutes 16 seconds West, tangent to said curve, 38.07 feet; thence southwesterly 6031 feet along a tangential curve concave to the northwest having a radius of 328.08 feet and a central angle of 10 degrees 31 minutes 55 seconds to the point of beginning of the line to be described; thence South 46 degrees 44 minutes 11 seconds West, tangent to said curve 10.79 feet; thence southwesteriy 60.22 feet along a tangential curve concave to the southeast having a radius of 328.08 feet and a central angle of 10 degrees 31 minutes 03 seconds; thence South 36 degrees 13 minutes 08 seconds West, tangent to said curve, 30.00 feet and said described line there tertninating. NOV-24-1999 14�18 RRMSEY COUNTY PARKS 651 ?A8 2506 P.04i05 qq-��°�\ Mr. Larry E. Holmberg Project Manager Ramsey County Parks and Recreation Dept. 2015 North Van Dyke Street Maplewood, MN 55'109 Dear Mr. Fiolmberg: t am fully aware of Ramsey County's need to acquire an easement from the City of Saint Paul property for the above pathway project. I am also aware of our right to have the County appraise the property and of our right to receive just compensat+on. We have decided to donate Yhe easements required from our property. I hereby waive our right to have our property appraised and waive our right to receive just compensation. Sincerely, City Official Waiver Of Compensation (Donatlon) Fg. K-5-892-300 � � _� � W� o �_ J ' O p „ CJ X � � 0 � 0 o - � y 3 ti .-.O - P M • .Y Q o f- � M N 3 .m . � v . v O o -. � �/� 7� 3 � O M M ~ �� O �O � M N � , / � 0 m- N O � N •M •mo O N O tOM�+ II II I{ J�4 3 � N N o ^. N Q> o � � N � �'�� ' Q � h � � [�i IL \ ( I ` � � �I -� N N l w ft ' N �� / ON / � � � J N % I— . tn U aw > w vi .,/ , j;' � ,` . �°< .t�', ��, _ � ; o k a. �', � � �_ /f roON j � tP •N n- A •oJo ; �ONT 3 A�.r.4:i:�.� NNJO II il I �� _1 � � O ti F W� . _ N �yd ,_ � ��.;,� /� O!_ o° `j 4 m , � � m O P � � m' Z .I «1 oJ O.- `: �- O Q .� !. O `. . OJ O ' M .M N ' �9N0� � .�p ^� ulMO � ONO � J � a �� M uu� < J � � / �I � � C �_ / �i =) Q � J � �-- J Q Z � r V w � � w Z <n O K "' V W � � � a � O � Q Z a � v Z � � m . r\`t1 \ Retum copy to: � �y } � ! � � L Real Estate Division � ( � 140 City Aall r.��r�a s Referred To RESOLUTION CITY OF SAINT PAUL, MINNESOTA �� comminee: Date WHEREAS, the City of Saint Paul, Ramsey County and the Ramsey Regional Rail Authority entered into a 7oint Powers Agreement to construct the BN Regional Trail on Regional Rail Authority property; and en: ii �z WHEREAS, the City of Saint Paul; and Ramsey County have prepazed a Joint Master Pian for the development of the said BN Regional Trail; and WHEREAS, Ramsey County has obtained, funding to construct a 1.5 mile segment of the trail between Johnson Parkway in Saint Paul and Frost Avenue in Maplewood, linking two segnents of the trail previously constructed by the City and County; and WHEREAS, to connect to the existing trail, Ramsey County must obtain an easement to construct 130 meters of the trail across City owned property in Phalen Regional Park; and WHEREAS, the Departments of Public W orks and Parks and Recreauon of ffie City of Saint Paui have reviewed and approved the plans, and the City wishes to donate the required easement at no cost; is THEREFORE BE IT RE50LVED, that the Saint Paul City Council hereby approves Public Trailway ia Easement and Agreemet, Parcel #1 between the Ciry of Saint Paul and Ramsey County for the BN is Regional Trail S.P. 62-090-01; and 16 i� is 19 BE IT FURTHER RESOLVED, that the proper City officials are hereby authorized aud directed to execute the dedication of the said easement; and BE TT FURTHER RESOLVED, that the proper City officials are hereby authorized and directed to sign a Waiver of Compensation Letter for Parcel #1 S.P. 62-090-01. Requested by Deparnnent of: Technoloev & Mana�ement Services By: lit�irector Form Approved by City Attorney By: �'",�+1•%✓vsvr�rw� /��7/`i'q Adopti Certified by Council Secretary By: � l, ,�-,�.�-; �_----- A d by May or Su ' sion to Council Approved by M Date ' By: ,!� B f Council File # qq -L1�S Green Sheet # looq�t� Adopted by Council: Date ��_\5 ��_ .M.S.lR�AL ESTAT'� DIVISION Date: I�cember3, t999 reen Sheet Alrmiber: 1pp924 onfacf Person andPhone Nwn6er: � 2 EPARTMftNT�DIItFtiTOH � 4 CZlFCOQNCIL g_ ,�, 'l Peter White 266-8850 "'°"°` 1 rrYn �� crrYC�s DIRECTOR FFTCEOFFINANCIALSVCS. � n� on co�a��aa n�: December 15, 1999 3 YOR (OR ASSLST 5 Esrax�v�ox OTAL # OF SIGNATURE PAGES 1 (CLIP ALL'LOCATIONS FO SIGNATURE) CTIQN REQIIESTEIT: To authorize the proper City officials to execute a dedication of perpetual and temporary easements across City owned lands for construction of the BN Regional 1Y�ai1 and to sign a t'�'aiver oY�ompensarion Letter. Ref: i. ResotuEion for consideration; Z. Sample copy of easemeaE dedieaEion; 3. Samgle eagy vf W aiver o� Compensatioa Letter; 4. Mag showing lgcatigu � p�oposed easements. OMII�ATIONS: AYPROVE (.� OR REIECT (R) E�pNAL SERVICE CONTRACTS M[7ST ANSWER THE FOLLOWING: . Has ihe pe�son/firm ever worLed mider a contract tor this depardnrnt? YES NO PLANNI�iG COMMI54ION A STAFF .�as this persoNSrm ever been a C�y empYoyee? YES NO cmr, sertvice . BoestluspersoNSrn�possess�as�$�tnornmlly�rossessedbymtp YES NO carrent CStp employee? C� eOMMFt't8a T&gle� a&YESAnswezs BitRSegatBk.esk¢et 8Ab atlaelL PORTS WHICH COUNCII, BJECTIVE? UNCII., WARD(S) 6 DISTRICT PLANNING COUNCII. > r ' 7A'F3N6 gRO�EM, ISSUF.. ORPdR'F[INI'F]' f4�'hu� �['haf, 4l'Lea� 4�LeFe, �XkY?� � Citp entered 'mto a joiIIt gawers agreeuteut with Itamsey Cotmty amt Bamsey Regiouat R� Autt�sFity te comsEFUCt BN Regional T�. DVANTAGES IE AYYROVED: The section of the trail across City property will connect two sections previously constructed. ISADVANTAGES IF AYPROVEIY: None ISADVANT'AGES IF NOT APPROVED: An alternate route would have to be found. OTA�. AMOUNT OF TRANSACTION: �(� COST/REVENIIE BiTDGETED (CIRCLE ONEj YES NO i7NDING SOURCE: ACTIVITY PtUMBER: I�I.�'CSAL INFORMATION: (ERPL.AI-� � . . : �,-. .--. --. - . - _ �oO:.M,F°.�$ �959A�C�i �3R�0P a V = ; _ F; :-;' ° = �'e<;s�, `� �.> a : .. City officials w71 sign a Waiver of Compensation letter.�� NL �� y' � J � � �� ,� e � . DEDICATION OF EASEMENT 0 .� _� For Public Trail Purposes T'he City of Saint Paul, a municipal corporation of the State of Minnesota, Grantor, for good and valuable consideration, to them in hand paid and the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey to the County of Ramsey, a political subdivision of the State of Mimiesota, Grantee: a perpetual easement for public trail purQoses on, over, under and across the lands, as described in Exhibit "A" attached hereto and by this reference made a part hereof, with the right to enter upon such lands at any time that Grantee may see fit for the purpose of maintaining repairing or replacing the said public trail over, across and through the said lands, together with the right to excavate and refill ditches andlor trenches for the location of said public trail and the further right to remove trees, bushes, undergrowth, exisung materials and other obstructions interfering in the location construction and maintenance of said public trail; to have and to hold the same forever, and does further grant, bargain, sell and convey to the Grantee: a 25.00 foot temparary easement and two (2) 10.00 foot temporary easements, all for construction purposes over, under, across and through the lands as described in Exhibit "B" attached hereto and by this reference made a part hereof; said temporary easement to expire on the 31st, of October, 2001. Grantee shall restore a11 temporary easements to a"comparable to original" condition The Grantor does covenant that it is well seized in fee of the land and premises aforesaid, and has good right to sell and convey the same free of all encumbrances. These easements shall be subject to the following conditions: 1_ Grantee, its successor and assigns, sha11 not assess against Grautor the cost of any improvements to be constructed within the area of the above described easement or any of the costs to be incurred by the Grantee in connection with this improvement project. 2. Grantee, its successors and assigns shall defend, hold harmless and indemnify Grantor its officials, employees and agents against any and all losses yudgement liabilities claims, costs and attorney fees arising out of the presence of the improvements on Grantor's property and/or the granting of this easement. 3. Grantee shall maintain the trail and approximately 10.00 feet on either side of tha trail in a good and safe condition. qq-1t11 IN TESTIMONY WHEREOF, the Grantor, City of Saint Paul , a municipal corporation under the laws of the State of Minnesota, has caused this deed to be executed in its corporate name by its duly authorized officers, and attested to this day of December. 1999. Bv Its Director of Parks & Recreauon By Its Director of Budget Office STATE OF MINNESOTA COUNTY QF RAMSEY � ss The foregoing was acknowledged before me this by the and ttae By Its City Clerk By Its Mayor day of and the and the My commission expires on notary public This Tnstrument was drafted by: City of Saint Paul Real Estate Division Room 140 City Hall St. Paul, MN 55102 Approved as to form: , 1999 B Y ��L��iv�.r�. 11.7-�9 Assistant City Attorney EXHIBIT " A 30.00-foot perpetual easement for trail purposes over, under, across and through Yhe following described properry: That part of Government Lot 6, Section 21, Township 29, Range 22, Ramsey County, Minnesota lying easterly of PHALEN HEIGHTS PARK, Ramsey County, Mi.imesota according to the recorded plat thereof The centerline of said perpetual easement is described as follows: qq .tl�l Commencing at the southeast corner of said Section 21; thence North 00 degrees 10 minutes OS seconds West, assumed bearing, along the east line of the Southeast Quarter of said Secuon 21 a distance of 907.21 feet to the point of beginning of the centerline to be described; thence South 36 degrees 13 minutes 17 seconds West 70.40 feet; thence southwesterly 56.58 feet along a tangential curve concave to the southeast having a radius of 328.08 feet and a central angle of 09 degrees 52 minutes 50 seconds; thence South 26 degrees 20 minutes 27 seconds West, tangent to said curve,1912 feet; thence southwesterly 56.48 feet along a tangential curve concave to the northwest having a radius of 328.08 feet and a cenval angle of 09 degrees 51 minutes 49 seconds; thence South 36 degrees 12 minutes 16 seconds West, tangent to said curve, 38.07 feet; thence southwesterly 60.31 feet along a tangential curve concave to the northwest having a radius of 328.08 feet and a central angle of 10 degrees 31 minutes 55 seconds; thence South 46 degrees 44 minutes 11 seconds West, tangent to said curve, 10.79 feet; thence southwesterly 60.22 feet along a tangential curve concaue to the southeast having a radius of 328.08 feet and a central angle of 10 degrees 31 minutes 03 seconds; thence South 36 degrees 13 minutes 08 seconds West, taugent to said curve 65.13 feet and there terminating. The lines of said perpetual easement are to be prolonged or shortened to terminate at the east line of the Southeast Quarter of said Section 21. Exhibit "B" ��-tlq� A 25.00-foot temporary easement for construction purposes over, under, across and through the following described properiy: That part of Govemment L.ot 6, Section 21, Township 29, Range 22, Ramsey County, Minnesota lyang easterly of PHALEN HEIGHTS PARK, Ramsey County, Minnesota according to the recorded plat thereof Said temporary easement lies northwesterly of a line run paza11e1 with and distant 15.00 feet northwesterly of a line described as commencing at the southeast corner of said Section 21 thence North 00 degrees 10 minutes OS seconds West, assumed beazing, along the east line of the Southeast Quarter of said Section 21 a distance of 907.21 feet to the point of beginning of the line to be described; thence South 36 degrees 13 minutes 17 seconds West 35.00 feet and said described line there ternunating. Together with a 10.00-foot temporary easement far construction purposes over, under, across and through said described property. Said temporary easement lies northwesterly of a line run pazailel with and distant 15.00 feet northwesterly of a line described as commencing at the terntinus of the last above described line; thence continuing South 36 degrees 13 minutes 17 seconds West 35.40 feet to the point of beginning of the line to be described; thence southwesterly 56.58 feet along a tangential curve concave to the southeast having a radius of 328.08 feet and a central angle of 09 degrees 52 minutes 50 seconds; thence South 26 degrees 20 minutes 27 seconds West, tangent to the said curve 19.12 feet; thence southwesterly 25.00 feet along a tangential curve concave to the northwest having a radius of 328.08 feet and a central angle of 4 degrees 21 minutes 57 seconds and said described line there ternunating. Together with a 10.00-foot temporary easement for conshuction purposes over, under, across and through said described property. Said temporary easement lies southeasterly of a line run parallel with and distant 15.00 feet southeasterly of a line described as commencing at the terminus of the last above described line; thence southwesterly 31.48 feet along the continuation of the last above described curve; thence South 36 degrees 12 minutes 16 seconds West, tangent to said curve, 38.07 feet; thence southwesterly 6031 feet along a tangential curve concave to the northwest having a radius of 328.08 feet and a central angle of 10 degrees 31 minutes 55 seconds to the point of beginning of the line to be described; thence South 46 degrees 44 minutes 11 seconds West, tangent to said curve 10.79 feet; thence southwesteriy 60.22 feet along a tangential curve concave to the southeast having a radius of 328.08 feet and a central angle of 10 degrees 31 minutes 03 seconds; thence South 36 degrees 13 minutes 08 seconds West, tangent to said curve, 30.00 feet and said described line there tertninating. NOV-24-1999 14�18 RRMSEY COUNTY PARKS 651 ?A8 2506 P.04i05 qq-��°�\ Mr. Larry E. Holmberg Project Manager Ramsey County Parks and Recreation Dept. 2015 North Van Dyke Street Maplewood, MN 55'109 Dear Mr. Fiolmberg: t am fully aware of Ramsey County's need to acquire an easement from the City of Saint Paul property for the above pathway project. I am also aware of our right to have the County appraise the property and of our right to receive just compensat+on. We have decided to donate Yhe easements required from our property. I hereby waive our right to have our property appraised and waive our right to receive just compensation. Sincerely, City Official Waiver Of Compensation (Donatlon) Fg. K-5-892-300 � � _� � W� o �_ J ' O p „ CJ X � � 0 � 0 o - � y 3 ti .-.O - P M • .Y Q o f- � M N 3 .m . � v . v O o -. � �/� 7� 3 � O M M ~ �� O �O � M N � , / � 0 m- N O � N •M •mo O N O tOM�+ II II I{ J�4 3 � N N o ^. N Q> o � � N � �'�� ' Q � h � � [�i IL \ ( I ` � � �I -� N N l w ft ' N �� / ON / � � � J N % I— . tn U aw > w vi .,/ , j;' � ,` . �°< .t�', ��, _ � ; o k a. �', � � �_ /f roON j � tP •N n- A •oJo ; �ONT 3 A�.r.4:i:�.� NNJO II il I �� _1 � � O ti F W� . _ N �yd ,_ � ��.;,� /� O!_ o° `j 4 m , � � m O P � � m' Z .I «1 oJ O.- `: �- O Q .� !. O `. . OJ O ' M .M N ' �9N0� � .�p ^� ulMO � ONO � J � a �� M uu� < J � � / �I � � C �_ / �i =) Q � J � �-- J Q Z � r V w � � w Z <n O K "' V W � � � a � O � Q Z a � v Z � � m . r\`t1 \