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88-999 M�NITE - CITY CIERK PINK - FINANCE G I TY O SA I NT PA U L Council CANARV - DEPARTMENT File NO. �� � � � BLUE - MAVOR 1 /. t Counc Resolution � � Presented By � � Referred To Committee: Date Out of Committee By Date WHEREAS, The City of Little Canada, Minnesota, in cooperation with the Minnesota Department of Transp rtation, has requested permission to construct storm water drainag facilities across Board of Water Commissioners right-of-way in Sec ion 6, Township 29 North, Range 22 West, Ramsey County, Minnesota; and WHEREAS, Said drainage facilities equire the granting of an easement by the City of Saint Paul on behalf of it Board of Water Commissioners to the City of Little Canada; and WHEREAS, The attached Easement Agreement protects the Board's rights, interests and facilities and the Board has recommended approval of said Easement Agreement by the City thr ugh passage of Board Resolution No. 3865 ; now, therefore, be it RESOLVED, That the attached Ease ent Agreement between the City of Saint Paul and the City of Little Cana a is hereby approved and that the proper officers of the City of Saint P ul are hereby directed to execute said Easement Agreement on behalf of he City of Saint Paul and the Board of Water Commissioners. COUIVCILMEN Requested by Department of: Yeas Nays �t � Dimond (p [n Favor z 6eD�8 .. N ia /' sco Rettman v -- Against BY $ � scheibel General Manager sonnen �N 2 1 .��8 Form Ap ro ed by City Attorney Adopted by Cound�If�.30ri Date Certified Pass d by Coupcil �ecretary BY ��^�� � By. 0/�� Appro d ;Navo . Date JUN Z � Appro by Mayor for mis ' n to C cil , B R�us� �u� - z �ssa �Qa7� L � l�l° 012580 � Water Uti 1 i ty DEPARTltENT , - - - - - - Thomas D. oqren .corrr�c� � � . 298-410Q • PHQ1�lE � �une 6. 19$8 �DATE , ASSIGP 1�IB�FQR ROUTING ORDER: (See r verse sida.) - ��-� R� � � y� Department Director � Mayor (or Assistant)' �� � Finance and Management Services Dire tor Citq Clerk Budget DireC�or 1�, Rnard rtf'Watrar ('rnxni csj n'rsrc ' � City Attorney ' _ TOTAL NUMBER OF SIGNATURE PAGES: 2 ( lip all locations for signature.) r` W G � .(Furpose/Bationale) After execution of the attached Easement greement, the Minnesota Departmen� of. � Transportation will be authorized to cons ruct storm water drainage facilities within an easement on Board of Water Comm ssioners right-of-way adjacent to � ' Centerville Road in the City of Little Ca ada. RECEiy� .It.�N 0 9 �988- . ND P S AC �AY�QR'S OFF { . E a s e m e n t G r a�t e e (C i t y o f L i t t l e C a n a d a) ha l l re�m b�rse t he Boar d for a d m inis�ra tive � - and inspection costs in the amount of $20 .00. Grantee shall pay $2,430.00 for a non�exc]usive +drainage easement. C GET C E R I D: � (Mayor'� signature not required if under $10,000.) Total Amount of Transgction: �2�630.0 Activity Nwaber: 850-28p73-5308-00000 Funding Source: N/A A�'TACHMENTS: (List and number all attac ents.� � Easement Agreement - � copies Board of Water Cor�nissioners Resolution N . 3865 ADMIIQISTRATIV� P'ROCEDURES ' _Yes X No Rules, Regulations, Pr cedures, or Budget Amendment required? _Yes _No If yes, are they or ti etable attached? , DEPARTMENT REVIEW CITY ATTORNEY REVIEW X Yes No Council resolutioa requi d? Resolution required? ,�Yes _No �Yes �,No Insurance required? ' Insurance sufficient? `�Y.es _No _Yes X No Insurance attached? � •,, . � ~ � ! (����l�t 5 EAS AGREEMENT THIS AGREEMENT, made and entered into this day of , 19 , by an between the City of St. Paul, a municipal corporation of the tate of Minnesota, on behalf of its Board of Water Comissione s and its Water Utility, hereinafter referred to as "G antor'� and the City of Little Canada, a Minnesota municipal corporation of the State of Minnesota, hereinafter referr d to as "Grantee", WITNESSETH: that the Gra tor, for itself, its successors and assigns, and Grantee, for itself, its successors, agents, and assigns, do hereby mutual y agree as follows: 1. That Grantor, for th consideration of $2,430.00, conveys and quit claims to Gr ntee, non-exclusive drainage easements described on Exhibi A attached hereto and made a part hereof by reference. 2. That Grantee shall p y to Grantor the sum of $200.00 as reimbursement for administrat ve and inspection costs. 3. That Grantee's agent the Minnesota Department of Transportation, shall constru t said drainage easements according to the final const ction plans as shown on Exhibit B attached hereto and made a pa hereof by reference. 4. That Grantee, or its agent, the Minnesota Department of Transportation, shall give a inimum of 48 hours advanced notification to the Grantor o when construction work is to begin so that inspection of t e construction can be performed on behalf of the Grantor. . - . C,��-��y . - . 5. The Grantor shall ha e the option and authority of assigning its inspector or in pectors to the site at any time or times and for such periods of time as the Grantor or its engineer deems necessary or e edient for the safety and protection of employees or wo ks of the Grantor or of other persons or property whomsoeve or whatsoever because of any condition arising out of said proposed construction or from acts or operations of Grantee, or ts agent, the Minnesota Department of Transportation, in the con truction operations within said Premises. ' 6. It is understood and hereby agreed by and between the parties hereto that any plans or data supplied by the Grantor or its engineer in respect of bu not necessarily limited to works of the Grantor or of others 1 cated within or adjacent to said Premises are approximations o ly and that the Grantor explicity does not guarantee any said p ans or data to be either complete or correct. 7. Grantee, or its agen , the Minnesota Department of Transportation, shall restore the Grantor's property to a condition equal to or exceedi g the existing condition prior to . construction. Grantee shall hereafter maintain the Grantor's property in good condition an keep the same free from litter or other objectionable matter. 8. The use of explosive of any kind or for any purpose whatsoever within and adjacen to the Grantor's property, including ammunition in hand- eld impact driven type tools, is expressly prohibited. -2- . - � �--�yy . - . 9. Grantee, or its agen , the Minnesota Department of Transportation, shall neither make any excavations nor alter any works or improvements within e Grantor's property nor install any improvements therein othe than as expressly provided for in this Easement Agreement, exce t with and according to the Grantor's written consent the eto. 10. At the direction of the Grantor�s inspector, Grantee, or its agent, the Minnesota D partment of Transportation, shall replace trees and shrubs that are disturbed or damaged during construction within the Grant r's property. Grassy areas shall : be stabilized by mulching and seeding or by sodding. Trees and shrubs replaced by Grantee sh 11 be guaranteed for a period of one year from the date of com letion of the drainage easement. 11. The Grantor reserve to itself the right to install additional works within the G antor's property and to continue ma•intenance of existing works located therein. Should it be necessary that the Grantee�s orks or improvement be removed or damaged as a result of the Gr ntor's operation, all replacemen� or modification costs to rest re the Grantee�s works or improvements will be borne so ely by Grantee. 12. Grantee, and its ag nt, the Minnesota Department of Transportation, shall forever indemnify and save harmless, protect and defend the City o St. Paul and its Board of Water Commissioners, their employee and agents, from any or a11 liability, suits or demands, ' cluding the legal defense costs thereof, for bodily injuries (including death) or property damages, including loss of us , arising out of the construction, -3- _ . � � ` � ��1�9 . . maintenance, repair or existen e of the construction authorized by this Easement. This provis on shall not however apply where such bodily injury or property damage is caused by the sole negligence of the Grantor, its agents or employees. 13. Durinq the construct on of the drainage easement, .the Minnesota Department of Transp rtation's contractor, Lunda Construction Company, will tak out and maintain an Owner's Protective Policy through the t. Paul Fire & Marine Insurance Company. Said policy will hay a One Million ($1,000,000.00) Dollar limit of liability nami g the City of Saint Paul, the City of Saint Paul 's Board of ater Commissioners, and the City of Little Canada as insureds. 14. It is intended that he penaission granted herein and the obligations set forth here n shall run with the property owned .by the Grantor, and shal be binding upon the Grantee, its successors, agents, or assigns and upon the Grantor, its successors or assigns. IN WITNESS WHEREOF, the p rties hereto have hereunto caused these presents to be executed he day and year first above written. FORM PROVED: CITY OF ST. PAUL Ass�st�n 't At orney By ," Its M or ! By . Director of the Department of Finance and Management Services 4- . . . - . � ��9� . _ n r ����� � By � ���-�� City Clerk CITY OF LITTLE CANADA � . By Mic el I. Fahey Its Mayor - _ By �` ose - . C e eck, City Clerk STATE OF I�lINNESOTA ) , ) ss. COUtJTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of , 988, by � , the M yor for the City of St. Paul, on behalf of the City of St. Pau , a Minnesota municipal corporation. Notary Public STATE OF MINNESOTA) ) ss. COUNTY OF ) The foregoin instrument as acknowledged before me this � }�- day of ��_, 19�, by Michael I. Fahey, the Mayor, and by Joseph G. Chlebe k, City Clerk, of the City of Little Canada, a Minnesota mun cipal corporation, on behalf of the corporation. � � VVWVVVVWWVVW►" CAROLE� HOEFT NOTARY PUBUC—MINNESOTA �i OAKUTA CUUNTY ` `� YY COMAA EXPIRES AUG 2.l9ee Notary Publ �C . ■ THIS INSTRUMENT WAS DRAFTED BY SWEENEY, O'CONNOR & BORER Suite 1200 Capital Centre 386 North Wabasha Street St. Paul, Minnesota 55102 . Telephone: (612) 222-2541 5- . . • - .�� Qg y Continuation of Acknowled men s '�or C�it o�� St'. Paul STATE OF MINNESOTA ) ) ss. COUNTY OF R�MSEY ) The foregoing instrumerit was acknawledged be�qre me this day of : . . .,. ,19$8, by . . . . . . ��� the irector of the Department of Finance and Management Servic s for the City of St. Paul, on behalf �f the City of St. aul, _a Minnesota municipal corporation. � Notary Public . STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) The foregoing ' trument as acknowledged before me this a � day of �,�.� � ,� 1988, by � � '.� � ' ' , the City Clerk �or the City of St. Paul, on behal o� the ity o� St. Paul, a Minnesota municipal corporation. �� •-��••� TRUDY M. HOELZE� ota Publ c �A, �i�ie�: NOTARY PI:BUC—ti��t•tNESO ���� :9���� R�MSEY COUNTY ��..•' My Comm�ssion Expires Oct. 15,1 THIS INSTRUirIENT WAS DRAFTED BY: Sweeney, 0' Connor & Borer Suite 1200, 386 North Wabasha St. Paul, Minnesota 55102 PLEASE RETURN TO ABOVE ADDRESS _6_ � � ., r . , . - - ��_4�9 , . � �X1I IIIT A .. • ' � ,� • • n 30 foo.t (7erm�nCRl ca'semenl• or drainac�e purposes ovcr, undcr arid ac:r.oss that p.-�rL• oC thc L•"ast 97 fecl- oG thc SouL•hcast Qu<-,rl•cr of l•hc Soul•I�casL- Quartcr oL• Sect on G, Township 29, Ranc�c 22, Kamscy Coun�y, rli.nnesota, the cenl-.cr linc of said casement is descriucd as follows: Comu��nci.ny aL- l:hc inl•ers cl•ion ot tlie �Vcst line of the Cast 297 L•e�t oL• sai.cl Soul-hca L• Quarter oi the Southeast Quarter wil-h tha Southwes�erly r ghL•-o�-way line of �he St. Paul �,i.,ter Works rigiit-ot-way L•lience Norl•)i l�arallcl with tllc C�sl linc oF saicl Soutficasl• Q arl-er of rl1:c Southcas� Quarl•er a dist:ancc oC G6. II7 fccl- l- l-hc: point, oF beginninc� of the line l•o Ue clescri�ed; tlieiice orlhessterly de�lectiny to the riglit 5G dcgrccs 95 minules 11 uCCO11CIS l•o L-lle Northcastcrly ri�flit- - oC-way liiic ot thc Sl• . P ul Wal•cr Works and tl�crc tcrininating. Togc�l�cr ��i.l•h a 20 fioot• rCRI(�O ary construcl-.ion casecnci�t lying on cach si.dc and �djoini.ncJ to �h abovc described permanent drainage casement ovcr tlie above dcscr'bed Narccl. Thc sicle li.nes of said easeincnLs are prolonged or sh rl-ened to tcrn�inare o�n the tVest linc oE said L•'asC 297 fceL- and the Northcastcr.ly ric�h�-oF-way line oF said St. Paul ��ta�er Works. . , - , , . • AND � . _ A temporary construction ease ent over that part oi the West 16 feet of the �ast 379 feet of he S� 1/4 of the S� 1/4 of Section 6, Township 29, Range 22, Itam ey County, Z�iinnesota lying Northerly of Lot 1, Block 1, SAVAG� L1�1K � IIONi�SIT�S and lying Southerly of the foT].owing clescribed line: Beginning at� the Northeasi: corner of said Lot 1; thence North o the Northerly extension oi thE �ast �line of said Lot 1 a distance oi 75 feet to the point of beginning of thE line to be deseribed; hence West at riglzt anc�les a distance of 1G feet ancl� said line ther L-erminating.' Said i:emporai-y construction c sements will commence March 1, 19a8, and will expiie on July l, 19 9. �d�_�7 � CI OF ST. PAUL OFFICE OF THE BO RD OF WATER COMMISSIQNERS ���� RESOLUTI —GENERAL FORM No g ���.v�s� ��;� ��s i��� COMMISS ONER DATE MfHEREA�, TFi� Ci�y �a� �ittl�a Can d�►, Minne�at,�, tn +c+�n,��a�ction w�th the M�r�r����t� fls��rLm�r�� af Tr��r��p�► t�►�1�r�, t��r� �als�r�� �'r�r th� c:o�i�t�-��ticat� vf �tvtpx► a+�t�r �ts�����t�� f��: 1 1 i ia� r�crc�ss �s c;+�rte�in pcar-�.ion af Bc+�rc� r i ght--r�i`'-�rey �J j��ent t�a ��r� er�i 1 1 e Ruad, �r�i�! r��i�t-�f-��y r��w can t��i n i r1� L1�� 3�- �r��:� V�dna#s oridu i t�; at�cE �VF#EF��A�, It�� cf� �i r��g+� f�.c:i 1 1 t i es w i 1 � r�+�+��t�r,� th� �r��r�t i rig c�f' �n ����r��nt �Y t,i�e Baar e� tr� �:ti� �'i Y; �r�d WH�RE�4�,, The E�r�arct'� �t��� f��a� r��av�ew�d �.l�►� att��t�d E��a�tr�ent Agt'��mc�iyt. wi't 1�:1°r prca�,�c�,� th+a �3 ar�d' � r i�ht�, i n��r���t�� mr��i �'�c:� i i t i�+� �c�d ��� re�;�tr�r��t that #.l�e� r��rd �pprov� �a 1+� E���t�nt A+�r��rrt�nt. nav�, t!°��t°.�1���-�. �e i� Rl�SOLV�C�, r����. ��1c! ��s�tt�nt A�r�e�rn�r��. i� h�3r�by a�prcav�a� a�nd thr�t tt�e �r�ap�r Of f i c�r�a q� the �3c����d 1�� ��ttt�c►r���d �nc� t��r�t�y d i r��t�c# t� ex�c+�t� ��i� ,�r�r�ement c�n ta�h l f rr�' th+� Bo�a�c#, �rsd �.ha�t Ct�� pr�c�per c�ff 1c�rs af th� City c�f ��ir�� ��1 be requ�a�ted tQ cc�ncur i� c�x�cut#on csf t�he �.gr€��tn�r�t, Water Commissioners Adopted by the Board of Water Commissioners Yeas ����� Nays �y��s �� ;»� 1�� Vtra� �'����.��r�� ��S��t� �r��ida�►t t�s��v��x In favor� — Opposed� SECY.