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88-733 WNITE �- CITV CLERK COLLflC1I PINK `�� - F14rP.NCE GITY O SAINT PAUL �� J,�� CANARY - �EPARTMENT ti3l.UE - MAVOR File NO• Return copy to: C esolution . �� Valuations — Room ' �� } (MWCC) (RM) — � a`-� : Presented By °�- �" Referred o Committee: Date Out of Committee By Date WHEREAS , the Metropolit n Waste Control Commission (MWCC) requires permanent and tem orary sewer easements over Willow Reserve Park located in t e City of Saint Paul which are described as follows: TB49 PROPERTY DESCRIPTION Lots 22 to 30 inclusive, T. B. Somer ' s Second Addition to St . Paul , Ramsey County, Minneso a. TEMPORARY CONSTRUCTION EASEM NT A temporary construction ea earent over that part of previously described property that lie northwesterly of a line between a point on the East line of V ' rginia Street that is 20 feet South of the intersection of the outh line of Ivy Avenue with said East line and a point 90 fe t East of said intersection on said South line of Ivy Avenue. The exterior lines of easements shall be prolonged or shortened to their intersection at hanges of direction or to their intersection with described roperty lines and shall terminate or begin at a right angle to t e easement centerline or reference line where there is a chang in easement width but no change in the bearing of an easement . At the point of beginning of a change in width of permanen or construction easements previous permanent or construction ea ement shall terminate . Temporary construction easem nts shall not include any properties within 15 feet of the center ine of any active railroad track. Temporary construction easem nts to expire on or before May 15 , 1989 . COUNCIL MEMBERS Requested by Department of: Yeas Nays Dimond Finance & Management S �ns In Fa or co�c� �' Rettman B � , , _ „ ; Director �he1�� __ A gai n t Y ��-�= Sonnen '� Wilson Form Approved by City Attorney Adopted by Council: Date Certified Yassed by Council Secretary BY e\�`��C � � �� By� � dlpproved by Mavor: Date , Appr ed y Mayor for Sub ' i to Council gy By �� -�.�.� TB54 PROPERTY DESCRIPTION The North 390 feet of the west 1/2 of Lot 41 , subject to a portion taken for a stree and subject to an easement for constructing and maintaini g a public sewer , all in Cottage Homes ; and the west 1/2 of L t 28 , subject to the railroad right of way , and subject to a easement for constructing and maintaining a public sewer , and excepting therefrom all that part of Lot 2$ lying north of the right of way of the Northern Pacific Railway Company, all in Cottage Homes Addition to St . Paul . PERPETUAL AND TEMPORARY CONSTRUCTION EASEMENT A 30- foot perpetual easement and an 80- foot temporary construction easement that begin on the East line of said southwest quarter and are centered on the following described line : Beginning at a point o said East line that is North 00 degrees 11 minutes 36 seconds East of and 1205 . 21 feet distant from the southeast corner of said northeast quarter ; thence South 64 degrees 00 minutes 12 seconds West , 2$2 . 5g feet ; thence South 48 degrees 55 minutes 51 seconds West , 236 . 44 feet ; thence South 41 degrees 04 minutes 14 seconds West , 293 • 96 feet more or less to a oint on a line that is 65 feet East of and parallel to the centerline of Arundel Street ; thence South 0 degrees 11 minutes 36 seconds East , 380 . 58 feet along said parallel line to the point of beginning of a 70-foot temporary construction easement (continuing said 30- foot permanent easement) centered on the continuing line ; thence South 14 degrees 29 minutes 24 seconds West , 146 . 00 feet more or less to a oint on a line that is 2$ feet East of a parallel to the c nterline of Arundel Street and the point of beginning of a 50-foot temporary construction easement ( continuing aid 30-foot permanent easement ) centered on the continui g line; thence South 0 degrees 11 minutes 36 seconds East , 91 . 00 feet along said parallel line to the point of beginning of a 45-foot permanent easem nt that is 25 feet right of and 20 feet left of a 75-foot construction easement that is 40 feet right of an 35 feet left of the continuing line . �C �I'' � 2 � c ; , . ��,r3� thence South $9 degree 48 minutes 24 seconds West , 28 . 00 feet to the termination of the easements at a point on the centerline of Arundel Street that is 100 feet North of the South line of said sout west quarter of Section 24 . The exterior lines o easements shall be prolonged or shortened to their int rsection at changes of direction or to their intersection with described propert}r lines and shall terminate or beg 'n at a right angle to the easement centerline or referen e line where there is a change in easement width but no c ange in the bearing of an easement . At the point of beginni g of a change in width of permanent or construction easemen , previous permanent of construction easement shall terminat . Temporary constructio easements shall not include any properties within 15 f et of the centerline of any active railroad track. Excepting from said tempora y construction easements that part taken for perpetual easement . Temporary construction easements to expire on or before May 15 , 1989 . WHEREAS , the easements ross portions of Willow Reserve Park at locations satisfactory to the City of Saint Paul ; and , WHEREAS , in considerati n for the granting of the easements herein described , the Met opolitan Waste Gontrol Commission ( MWCC) on behalf of itself and assigns agrees to the terms and conditions in the attached d cument entitled Agreement Coneerning Easements Crossing Portions of Willow Reserve Park which shall survive the conveyance of th easements . `��L �``,� �7 3 WNITE �- CITY CLERK PINK� - FINANCE CO11�1CII /�/y'{//1� �ANARV^- DEPARTMENT G I TY O SA I NT PAU L A/� � BI.UE - MAYOR File NO• "u _�� - Valuationsy—tRoom 218 �DU/� 'l Resolution (MWCC) (RM) Presented By Referred To Committee: Date Out of Committee By Date NOW THEREFORE BE IT RES LVED, that the proper City officials are hereby authorized and irected to convey a sewer easement subject to the terms and co ditions as set forth in the document entitled Agreement Concerning Easements Crossing Portions of Willow Reserve Park; it bei g the intent of the parties that the terms and conditions of the greement survive this conveyance . COUNCIL MEMBERS Requested by Department of: Yeas Nays Dimond �ns In Fa or _ �� Goswitz � schembel v _ Again t BY --� �� ' �--� ,t, \ Sonnen � Wilson MAY 1 c � Form Appr ed City Atto ey Adopted by Council: Date C t Certified Pass by Council Secre ary BY By ��t�� Appr e by Mayor for Sub ' si to Gpuncil A►ppro y 1Aavor: Dat — �,-..—_ By pl�tISHED M AY 2 119a8 .� .� ��"T33 ________________________________ AGE DA ITEMS =_______________________________ w G.S. #: [1160 ] ID#: 88—[370 ] DATE REC: [03/28/8 ] AGENDA DATE: [00/00/00] ITEM #: [ ] SUBJECT: [SEWER EASEMENTS/METRO WAST CONTROL IN WILLOW RESERVE PARK ] C.R. STAFF: [THUNE ] SIG: [ TTMAN ] OUT—[ � CLERK [00/00/00] ORIGINATOR: [FINANCE & MANAGEMENT SE ICES ] CONTACT: [DAVE NELSON, 5317 J ACTION: [ . ] � � C.F. # [ ] ORD. # [ ] .S. RETURNED [00/00/00] FILE CLOSED [ ] * * * * * * * * * * * * FILE INFO: [RESOLUTION, 4 PAGES ] � � � � d 7 Ton . �a ne oo�e� . �i �l�n''Q 0q �7� , - �. , Fima�ce .& �ag��eti�" Service$ : 2—'fi� - ��F��:�...�� NO.'V�1�6� . . ..�I�AC'!� . : :. :a. . � OB��AiIA�fl.OIRBE7oq� �.� '� � �MAVOA�k'1R i16�6TAHn � � - Dave.;Nel�on eR FOR . ��wr�a wuw�ae�r e�on�cion 3«rv a�wc � . �1alt�stions Y 298-53I7 �DOe'°x�cra" 3� � ; - .. - � _-.GTX,AT70Rt�1/� . . . �.. - , . . .- .. Approve resolution authorizing the City o ca�avey sewer easements to the Metropolit�in Waste �oatrol Gommission in Wil.low Reserve Par bounded 'by Maryland, Arundel, �vy, and �arrin,gton. `1;, �M�►�UPV�•t�1«_ . l�l) R�s�rr . ' ,_ � .. .PLAMMNfi001M18&ON -� CIVK8HHVICEC0IMIBSION . OATFN . � OATE.OEIi'- � ANALY8T � � .. . .��Hp�E�NO.. � ��., . . � .' . . �DNM16 C01/�ION � ..� 18D 67E�8CH001.BOIIRD . . . . . ,� � � . . . .'--A. 8TI1fF�� '. . .. ... Gi1MBl'BICOMIN�810N � . . � . � A813 . . .. .1�601Mfi0.#DD6bt � -��IiD - .. ;sr o�srwcr councr * _ r �: ; �,�.a,��, ` _ � `RECEIVED ' MAR ? � i988 � Loc�ted in Council District 5 _ � MAR 2 3 1988 NIAYOR'S QfFlCE - , OFFt� t�3'HE D1R�CTOR DePARTMENT OF FfNANCE _ l4ND:. _ • ie�u►�wa r�o�sr,�+E.a�arrr�n�rr�,w�.wi+a+,wr�.�..wn�: �1eed of the MWCC to construct a new sewe over property ow�aed.by the City. " , _ • Xc�aRre.rr+r.�a.�we...�a.�r�q: � _. , , ��ovides legal right to the MWCC to ente the property to construct the sewer. COI�f�(1�M+k wh.n�and To wMm+>: : .. . ; , .: , - Permit8 MW�G to construct sewer. x�n�. ' • s�nos uons : : { _ Deny resolution. . � , , , : � . ', Ms►anr�o�rra: City has provided MWCC in. t:he past with e �e�ents to construct sewers. �etuES: IInknown. . _ '� � . .'` � � ��- y3 3 , . . , . . :<;. _,.,-. � n� :.+�,.�^ i �. C�/�� tl�� , c<��- n. �;. �� :G:':*,'�`4 .��?�+�`�:;1r�:1PS wti,_iKS Val�. � . Q��:��y�""`�iu1�.�NjCeS EASEMEPI'I' THIS INSTRUMENT, made is , /�� day of -L� ► 19�, by and between e City of Saint P ul, a Minnesota Municipal Corporation, of the County of Ramsey, State of Minnesota, Grantor, and the Metropolitan Waste Control Commission, a duly constitu ed agency of the Metropolitan Council created and organized purs ant to Minnesota Laws 1975, Chapter 13 , Minnesota Statutes Sec. 473 .503 , Grantee; WITNESSETH, that Grant r, in consideration of One Dollar and other good and valuable c nsiderations to it in hand paid by grantee, the receipt of whi h is hereby ackriowledged, does hereby grant, bargain, sell, and onvey to Grantee, its successors and assigns, the following des ribed easement for sewer and utility purposes: TB49 PROPERTY DESCRIPTION Lots 22 to 30 inclusive, . B. Somer's Second Addition to St. Paul, Ramsey County, Minnes ta. TEMPORARY CONSTRUCTION EAS NT A temporary construction e sement over that part of previously described property that li s no=thwesterly of a line between a point on the East line of irginia Strest that is 20 feet South of the intersection of th South line of Ivy Avenue with said East line and a point 90 f et East of said intersection on said South line of Ivy Avenue. The exterior lines of ease ents shall be prolonged or shortened to their intersection at changes of direction or to their intersection with described property lines and shall terminate or begin at a right angle to he easement centerline or reference line where there is a chan e in easement width but no change in the bearing of an easeme t. At the point of beginninq of a change in width of permanen or construction easements previous permanent vr construction e sement shall terminate. Temporary construction ease ents shall not include any properties within 15 feet of the cente line of any active railroad track. Temporary construction eas ments to expire on or before May 15, 1989. � ;, ' : � i TB54 PROPERTY DESCRIPTION The N. 390 ft. of the W. /2 of Lot 41, subject to a portion taken for a street and sub 'ect to an easement for constructing and maintaining a public se er, all in Cottage Homas; and the W. 1/2 of Lot 28, subject to t e railroad right of way, and subject to an easement for constru ting and maintaining a public sewer, and excepting therefrom al that part of Lot 28 lying N. of the right of way of the North rn Pacific Railway Company, all in Cottage Homes Addition to S . Paul. PERPETUAL AND TEMPORARY CON TRUCTION EASEMENT A 30-foot perpetual ea ement and an 80-foot temporary construction easement tha begin on the East line of said sauthwest quarter and are centered on the following described line: Beginning at a point o said East line that is North 00 degrees 11 minutes 36 econds East of and 1205.21 feet distant from the sou east corner of said northeast quarter; thence South 64 degr es 00 minutes 12 seconds West, 282.58 feet; thence South 48 degr es 55 minutes 51 seconds West, 236.44 feet; thence South 41 degr es �4 minutes 14 seconds West, 293 .96 feet more or 1 ss to a point on a line that is 65 feet East of and parallel to the centerline of Arundel Street; thence South 0 degr s 11 minutes 36 seconds East 380.58 feet along sai parallel line to the point of beginning of a 70-foot emporary construction easement (continuing said 30-fo permanent easement) centered on the continuing line; thence South 14 degre s 29 minutes 24 seconds West, 146. 00 feet more or le s to a point on a line that is 28 feet East of a paral el to the centerline of Arundel Street and the poin of beginning of a 50-foot temporary construction easement (continuing said 30- foot permanent easeme t) centered on the continuing line; • _ 2 thence south 0 degrees 11 minutes 36 seconds East, 91.00 feet along said paralle line to the point of beginning of a 45-foot permanent easem nt that is 25 feet right and 20 feet left of a 75-foot con truction easement that is 40 feet right of and 35 feet le t of the continuing line. thence South 89 degre s 48 minutes 24 seconds West, 28.00 feet to the term tination of the easements at a point on the centerlin of Arundel Street that is 100 feat North of the South line of said southwest quarter of Section 24. The exterior lines of asements shall be prolonqed or shortened to their inte section at changes of direction or to their intersectio with described property lines and shall terminate or begin at a right angle to the easement centerline or eference line where there is a change in easement wid h but no change in the bearing of an easement. At the point of beginning of a change in width of permane t or construction easement, previous permanent or construction easement shall terminate. Temporary construction asements shall not include any properties within 15 eet of the centerline of any active railroad track. Excepting from said tempora construction easements that part taken fcr perpetual easement . Temporary construct easeme ts to expire on or before May 15, 1989. The above described easemen s are granted subject to the terms and conditions set forth in that agreement identified as Agreement Concerning Easem nts Crossing Portions of Willow Reserve Park which is attach d hereto and incorporated as part of this grant of easement by th s reference. This conveyance is exempt fr m State Deed tax pursuant to M.S.A. Sec. 287.22. 3 . : � .' . IN WITNESS WHEREOF, the pa ies hereby have set their hands and seals to this Purchase Agree ent. CITY OF SAINT PAUL Mayor City Clerk Director of Finance & Management • Services Department Director C� � !( City Attorney (Form Ap roval �_� --��_�� METROPOLITAN WASTE CONTROL C MMISSION �/��i,,��G �4l0 `�� nrJ�la„�GG ' �,�� , �. ��E,�-P rts It ��,� �Jr��niS�r.�d�2 � Its (Wi1lowReserve) 4 , , � . -� � � - 7�3 STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) On the � day of �_ , 19 � , before me a notary public within and for said County, personally appeared Louis J. Breimhurst and Peter E. Meintsma, Chief Administrator and Chair, respectively, named in the foregoing instrument, and that said instrument was signed on beha f of said Metropolitan Waste Control Commission a duly constituted agency of the Metropolitan Council created and organized pursuan to Minnesota Laws 1975 , Chapter 13, Minnesota Statutes Sec. 473.5 3. ' JEANN�KUKIlRA tilAT6iOSS �� =` NQTARY PUSUC-MI`�NESOTA G�G 7 ui ,,:<s.;.., RAMSEY CflvNTY '::Rt?� M1►ConlmMslon Expirss 9-2488 �.�r y Pub 1' STATE OF MINNESOTA . ) ) ss . COUNTY OF RAMSEY ) On the day of , 19 , before respectively, named in the fo egoing instrument, and that said I instrument was signed on beha f of said City of St . Paul, a Minnesota Municipal Corporation by auth rity of its City Council and acknowledged said instrument � to be the free act and deed o said City of St. Paul. Notary Public 5 . . . �. AGREE NT CONCERNING EAS NTS CROSSING PORTIONS O WILLOW RESERVE PARR WHEREAS, the Metropol tan Waste Control Commission (MWCC) plans to construct a ne Trout Brook sanitary sewer which necessitates the need for a easement crossing portions of public land owned by the City o Saint Paul located in the Willow Reserve area; and, WHEREAS, the easemen crosses portions of Willow Reserve Park at locations satisfact ry to the City of Saint Paul; and WHEREAS, the easement to be granted to MetropoYitan Waste Control Commission will a sist the construction of the City's storm sewer separation prog am; and, WHEREAS, the City o Saint Paul has agresd to convey easements to the Metropoli an Waste Control Commission over the following described land: TB49 PROPERTY DESCRIPTION Lots 22 to 30 inclusive, .B. Somer's Second Addition to St. Paul, Ramsey County, Minnes ta. TEMPORARY CONSTRUCTION EAS NT A temporary construction e sement over that part of previously described prvperty that li s northwesterly of a line betwesn a point on the East line of irginia Street that is 20 feet South of the intersection of th South line of Ivy Avenue with said East line and a point 90 f et East of said intersection on said South line of Ivy Avenue. The exterior lines of ease ents shall be prolonged or shortened to their intersection at changes of direction or to their intersection with described property lines and shall terminate or begin at a right angle to he easement centerline or reference line where there is a chan e in easement width but no change in the bearing of an easeme t. At the point of beginning of a change in width of permane t or construction easements previous permanent or construction e sement shall termi.nate. 1 - s . - ' '" ��' " 7�� Temporary construction ease ents shall not include any properties within 15 feet of the cente line of any active railroad track. Temporary construction eas ments to expire on or before May 15, 1989. . TB54 PROPERTY DESCRIPTION � The N. 390 ft. of the W. /2 of Lot 41, subject to a portion taken for a street and sub 'ect to an easement for constructing and maintaining a public se er, all in Cottage Homes; and the W. 1/2 of Lot 28, subject to t e railroad right of way, and subject to an easement for constru ting and maintaining a public sewer, and excepting therefrom al that part of Lot 28 lying N. of the right of way of the North rn Pacific Railway Company, all in Cottage Homes Addition to S . Paul. PERPETUAL AND TEMPORARY CON TRUCTION EASEMENT A 30-foot perpetual ea ement and an 80-foot temporary construction easement tha begin on the East line of said southwest quarter and are centered on the following described line: Beginning at a poin on said East line that is North 00 degrees 11 minutes 6 seconds East of and 1205.21 feet distant from the s utheast corner of said northeast quarter; thence South 64 degre s 00 minutes 12 seconds West, 282.58 feet; thence South 48 degre s 55 minutes 51 seconds West, 236.44 feet; thence South 41 degre s 04 minutes 14 seconds West, 293 .96 feet more or less to point on a line that is 65 feet East of and parallel to th centerline of Arundel Street; thence South 0 degre s 11 minutes 36 seconds East, 380. 58 feet along said paral el line to the point of beginning of a 70-foot temporary c nstruction easement (continuing said 30-fovt permanent e sement) centered on the continuing line; thence South 14 degre s 29 minutes 24 seconds West, 146. 00 feet more or less to point on a line that is 28 feet East of a parallel to the centerline of Arundel Street and the point of beginning f a 50-foot temporary construction �. . , G�G easement (continuing said 30-foot permanent easement) centered on the conti uing line; thence South 0 degre s 11 minutes 36 seconds East, 91.00 feet along said paral el line to the point of beginning of a 45-foot permanent asement that is 25 feet right of and 20 feet left of a 75- oot construction easement that is 40 feet right of and 5 feet left of the continuing line. thence Sauth 89 degr es 48 minutes 24 seconds West, 28.00 feet to the terminati n of the easements at a point on the � centerline of Arundel Street that is 100 feet North of the South line of said so thwest quarter of Section 24. The exterior lines of easements shall be prolonged or shortened to their in ersection at changes of direction or to their intersecti n with described property lines and shall terminate or b gin at a right angle to the easement centerline or refer nce line where there is a change in easement width but no change in the bearing of an easement. At the point of begin ing of a change in width of permanent of construction asement, previous permanent or construction easement shall terminate. Temporary constructi n easements shall not include any properties within 15 feet of the centerline of any active railroad track. Excepting from said tempor ry construction easements that part taken for perpetutal easeme ts. Temporary construction eas ments to expire on or before May 15, 1989. WHEREAS, in considera ion for the granting of the easement herein described: the Me ropolitan Waste Control Commission (MWCC) on behalf of itse f and assigns hereby agree to the following conditions: 1) The Permanent Se er Easement shall be granted to Metropolitan Wast Control Commission (MWCC) to construct, inspe t, operate, repair, replace, reconstruct, remov and maintain its facilities for the • sewer service. 2) Except as otherwis provided herein, Metropolitan� Waste Control Commission (MWCC) and its contractor shall, after installation of he above described sewer service facilities, or aft r the exercise of any rights granted herein, restore t e lands subject to the revegetation ` ��-7� � plan as specified n Condition No. 6 of this agreement and remove therefr m all debris, spoils and equipment resulting from r used in connection with said ___ installation. 3) The permanent eas ment area described herein shall automatically reve back to the City of Saint Paul at no cost, when the s wer is abandoned. 4) All permits requir d by the City of Saint Paul are the responsibility of the Metropolitan Waste Control Commission. 5) Once the installat on and construction of the sewer is completed, the eas ment areas herein described shall be relandscaped to a c ndition prior to the installation and construction of t e sewer. The Metropolitan Waste • Control Commission hall obtain written approval from the Division of Par s and Recreation for both the relandscaping plan nd the completed installation of the landscaping in acc rdance with Attachment "A" attached hereto. 6) That in lieu of c sh payment for these easements, the Metropolitan Waste Control Commission shall restore the affected area o Willow Reserve caused by the construction of the sewer with a revegetation plan in the amount of $20, 653 a shown on the Attachment °A" which is made a part hereof. 7) This conveyance is xempt from State Deed Tax pursuant to Minnesota Statutes nnotated Sec. 287.22. WHEREAS, that it is t e intent of the parties hereto that this Agreement survive the onveyance of the easement. 4 / , r. _ , IN WITNESS WHEREOF, the pa ies hereby have set their hands and seals to this Agreement. 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