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.
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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,
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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
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,� •
• 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.