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88-1941 WHITE � CITY CLERK � PINK - FINANCE C I TY OF SA I NT PAU L Council CANARV - DEPARTMENT File NO. � /��/ BI.UE - MAVOR Return copy to: Council Resolution Valuations -- Room 218 t' �°'_.�'� (RM) (Victoria) Presented By '� Referred To � Committee: Date �°�� J Out of Committee By Date 1n1HEREAS, the City of Saint Paul, acquired a permanent easement, approved by resolution 84-1500, for the non-exclusive right-of-access over an existing roadway located upon Soo Line property extending easterly from Victoria Street and described as follows: The S��th 20 .00 feet of Lots 11 and 12 , Block 8, A. Vance" Brown's Subdivision of "Stinson, Brown & Ramsey' s" Addition to St. Paul . ALSO That part of Block 38 , Stinson, Brown and Ramsey' s Addition to St. Paul lying southerly of the following described line: Beginning on the West line of said Block 38, 20. 00 feet North of the northwest corner of Dawson' s Subdivision of Block 38 , Stinson, Brown and Ramsey' s Addition to St. Paul; thence on a straight line to a point on the West line of Lot 11 , Block 8 , A. Vance Brown's Subdivision of "Stinson, Brown & Ramsey' s" Addition to St. Paul , 20 .00 feet north of the southwest corner of said Lot 11 and there said line terminates , and lying north of the North line of said Dawson's Subdivision of Block 38, "Stinson, Brown & Ramsey' s" Addition to St. Paul , Ramsey County, Minnesota. WHEREAS, this easement is required for access to Public Works highway maintenance yard and buildings; and WHEREAS , the Department of Public Works has negotiated a pipeline agreement with the Soo Line Railroad Company which gives the City permission to install a natural gas line in this COUNCIL MEMBERS Yeas Nays Requested by Department of: Dimond Finance & Management Services �og [n Favor � Goswitz Rettman s�6e;n�t _ Against 83�=� £ r c r Sonnen Wilson Form App ve City At rney \\ Adopted by Council: Date ` c lt Z'L Certified Yassed by Council Secretary BY ' By- Approved by 1�lavor: Date _ _ Appro d by Mayor Eor Submi on o 6QUncil �= By r�/ WMITE � c�rr CLERK COUfIC1I ��// RINK — FINANCE GITY OF SAINT PAUL C4NARV — DEPARTMENT j� /� / BIUE — MAVOR File NO. Q Valuationsy—t�Room 218 Council Resolution (RM) (Victoria) Presented By Referred To Committee: Date Out of Committee By Date easement for the purpose of supplying fuel for buildings at its Pleasant Avenue maintenance yard. The cost to the City for the use of this easement for the gas pipeline shall be $150.00 . THEREFORE BE IT RESOLVED, the Council of the City of Saint Paul hereby authorizes the proper City officials to execute Soo Line pipeline agreement permit no. 27067 which is attached hereto as Exhibit "A" . COUNCIL MEMBERS Requested by Department of: Yeas Nays Dimond �� In Favor Finance & Management SP Vl(`PR i CiQISW1�Z Rettman � . Scheibel Against BY � or S�eMa � �Ison Adopted by Council: Date DEC � 71A88 Form Approve City A rney C Certified Passe uncil Secr ry By � �"� By Appro d y �Vlavor. at� �El+ L � � Appro d by Mayor for S� is on�o Council P't�I.iSN� J Y;�y �- '7 ?9 8g ,_., __-� , '! o1MSNa��i,+µ:_� , �� . . o+�fc p+au►� n►,e cc�ts�o' �'�l 7f' 1�, �'��►�� & ��` Serv "_ �r(1 G��Ai �'t��T r�o. 0 2 g 2�7 AC*. oa+N+n�rvr o�nEC,or+ �wron!o��tr�n'! Dave Ne2 son `-,�ssloN �a ra�arr�o�cron �«n c�ic oEar: �a. �NU�li F�R pp� euoaEr w�cra+ Vslua[inna� . 2g8-5317 , o�e: �cm�A�r — . Approve resolution authorizing proper City Offic�als to execute a pipeiine agrEement with the SooL3.ne :Railroad for .the purpase of installing a natural gas pipeline over SaoLine prep�r.ty which will serve City buildings �t its P3easant Avenue maintenance facility. �o�►'t�OMS:f�pav+(�U a R+l.er(�) oout�nESEanc��: . Pu�nc�co�r+ crvx se�� o��+ a��arr �ry�var rno�Ho. aor�r+o� �au e�s sa+oo�eo++no A sr� �co�wrasioN corowE�ns is �oot M+w.�nom* �tvsoca�r�r cc�enruarr +w .. . . . . . . � - _FOR AWi.NiO. � `R�D9I�t.X ADD��i. OIBTRIf."T COUWCI : . . i— � � � � � � �� *°��: � ��'cE�v�o _ `�'!J�� . y' ti �s8� Located in :Coun�il District �� D pAR OF THE p�R , . �o T��Nr oF E�TOR , RECEfVED ��GEMFNT F�,�E .a�►7.�A.�w.�r*+e,u�,o.�aru.r,r�wno,w�+n.wn.n.w�ne.wh,q: '" 3198� . See .�usttficattc�n.. MAYOR'S QFFICE _ _ . ru�+nc+e,�oM.��«wesa�: _ _ ., ,, Natural gas for heating will be cheaper than the bottle gas which is now us�d. _ �M�:wnw+.'.nd ro w�Y . . : < , . _ , : _ Reduced cost for heatin . • � n~,�� 8 �,OUr C4': P�54�"ri1 _��:.�,�..1' : id 0�V � � ��8q - �-u'n�nu►� _ _, w+os oo�s , H3�ghes cost far heatin with bottYe-gas.'. wsraRr�: : _.:. None ��s: ,� _ None. . , • ' ` r � . ��1�� ,� , ' . , � EXHIBIT "A" � RIE Form No.3669—Revised 8l84 PIPE LINE CROSSING PERMIT NO. 2�067 ..� . THIS AGREEMENT,made and entered into as of the lst day of OCtober , 19 8$ ,by and between SOO LINE RAILROAD COMPANY,party of the first part,hereinafter called"Railroad Company",and C ITY OF ST. PAUL Dept. of Pub lic Works, 600 City Hall Annex, ,party of the second part,hereinafter called"Licensee", St. Paul, MN 55102 WITNESSETH: 1. The Raiiroad Company grants to the Licensee permission to install and maintain a pipe line,not exceeding 2 inches in diameter,hereinafter called"pipe line",extending upon and across the Railroad Company's property and dpC1[S in the NW� NE} of Section ].1 ,Township 28 N.,Range 23W , county ot' Ramsey ,at or near St. Paul ,State of Minnesota , Victoria Street foradistanceofapproximately 51� feet extending eBSterly frOmx�Ot�t�nmq�l61t0o![ in the location indicated in red and in accordance with the details as shown on the map hereto attached marked "exhibit A", and specifications hereto attached marked"exhibit B",at a depth of not less than 5 feet benealh the base of the rail in any railroad tracks located on said property,to be used by the Licensee exclusively for gSS serviee line subjec[to the conditions hereinafter set forth. 2. The Licensee shall pay the Railroad Company the sum of S 15�.0� �Kdtp4�0A�iI�14��7�e�¢0D76,Payable in advance as rental for the permission herein granted, and shall as�ume and pay all taxes and assessments that may be levied or assessed against the pipe line, or against the Railroad Company's property by reason of the location of the pipe line thereon.11[Qdle�peloXeCK��[4�![�lOXR3GK�:t�Y8f8�X�lC24�[ gt8flt�K�v5kN,OC�GCd7d7�CL4[C6DC�015XXeeRi�im7{6dRC1C1�9k�3Q![Ckt7v]QIO1d�QC�9Id�[GC�oiYl07�C87�7i4C��[7aPxW3CRCC This provision for payment shall in no way restrict the Railroad Company's right of termination under Paragraph 11 hereof. Rmtp�'d�f7��00DQIIC�][1Y1�VC6tve�yl�e ��7C]�G7�[LG��A[�OC![]�IIt@[9[�Fffi�]('dq'![Dm[]O1Q1t0S17s8[�[lf�51f�6C�DKC[0[9[ISKB�C[a[�7[QS�]QlII7[9ro[!!7D$�lNOf[�C]p7�L14�7EiC][ x�c�xarac 3. The Licensee,after first securing all necessary public authority,shall at the Licensee's sole expense install and thereafter maintain the pipe line upon and across the Railroad Company's property and underneath any railroad tracks located thereon at the above described location, in a manner satisfactory to the Railroad Company's Chief Engineer, and in strict conformity with the requirements of all laws,ordinances and orders of competent public authority now existing and future modifications thereof,so as not to endanger the safety of railroad or other operations upon said property and so as not to endanger the safety of the persons or property near or adjacent to the Railroad Company's property. 4. The Licensee shall be responsible for determining the location and existence of any pipes,wires,conduits,sewers,piting or other obstruclions to the construction of Licensee's pipe line and shall indemnify Railroad Company for any and all liability for damage to the foregoing pipes, wires, conduits,sewers,piling or other obstructions,if any,caused by the construction or maintenance of Licensee's pipe line.The Railroad Company makes no representation by the granting of this license that its property is frce of any such pipes,wircs,conduils,sewers,piling or other obstructions. S. The Licensee shall not carry on any work in connection with the installation, maintenance, repair, changing or renewal of the pipe line underneeth or in close proximity to any railroad track at the above described location before giving tht Regional Engineer at least three days'written notice at his headquarters located at and not until an authorized representative of the Railroad Company shall be present to supervise same.Upon bills being rendered therefore,the Licensee shall Promptly reimburse the Railroad Company for all expenses incurred by it in connection with such suPervision,including all labor costs for flagmen suppl�ed by the Railroad Company to protect railroad operations,and for the entire cost of the furnishing,installation and later removal of any temporary supports for said tracks,which said Chief Engineer or his authorized representative may consider necessary white such work is in progress. 6. The Licensee at the Licensee's sole expense, whenever notified to do so, shall promptly make such repairs to or changes in the pipe line, including change in location, as said Chief Engineer or his authorized representative shall for any reason consider necessary and require. The Railroad Company shall have the right, at its election, to make emergency repairs to the pipe line, and in such event the Licensee, upon bitls being rendered therefore,will promptly reimburse the Railroad Company for all expenses incurred in connection therewith. 7. Maintenance and use of the pipe line upon and across the Railroad Company's p�operty at the above described location, however long continued,shal�not vest in the Licensee any rights adverse to those of the Railroad Company. 8. The Licensee shall assume all risk of damage to or destruction of the pipe line through any cause whatsoever while located upon and across the Railroad Company's property,and shall at all times fully indemnify the Railroad Company against atl liability,claims,demands, suits,judgments,costs and expenses by reason of loss of or damage to property and injury to or death of persons whatsoever or whomsoever, in any manner arising from or growing out of,directly or indirectly,wholly or in part,Ihe installation,maintenance,repair,changing,renewal,existence or removal of the pipe line upon, across or from the Railroad Company's property at the above described location. 9. The waiver by the Railroad Company of a breach by the Licensee of any provision hereof,shall be limited to the act or omission constituting such breach,and shall not constitute a continuing or permanent waiver. 10. This agreement or the permission herein granted shall not be assigned or transferred by the Licensee in any manner, by operation of law or otherwise,without the written consent of the Railroad Company.Subject thereto,ihis agreement shall inure to the benefit of,and be binding upon,the successors,assigns and legal representatives of the respective parties. 11. This agreement shall continue in effect until terminated by either party upon thirty(30)days' written notice to the other party. Any notice given by the Railroad Company hereunder shall be good if deposited in a United States post office, certified mail, addressed to the Licensee at the Licensee's last known address.�b�xxpeQi�cR�[a[4CDhocii�i[�7m4x6�17med[�cpi�[7�eCd1o7cl�acki�]�xxQm[�dXh�ldC[�k9(tlLKOe�c p�[�d1C1Q�N�[7UQ�7C$Od�C(60KE�O�C�B[0ax7PXyYldK�p�t8CQ�9CKpfAC8�0[�7C l2. The Licensee at the Licensee's sole expense,within thirty days from the date of service of notice of termination as above provided,shall take up and remove the pipe line from the Railroad Company's property at the above described location and rcstorc said property to a condition satisfactory to said Chief Engineer. Failure on the part of the Licensee to do so shatl constitute an abandonment of the pipe line by the Licensce, and the Railroad � Company.shall then have the right,at its election,to disconnect the pipe line at the points where it enters and leaves the Railroad Company's propertv or to take up and remove the whole or any part of thc pipe line from said property and perform said work of restoration,and in either event the Licensee,upon a bill being rendered therefore,shall promptly reimburse the Railroad Company for all expenses incurred in connection therewith,plus fifteen per cent. .13. The Railroad Company shall not be required to assume any portion of the cost of the construction of said pipe line or future maintenance thereof. IN WITNESS WNEREOF,the parties hereto have ca�sed this agrcement to be duly executed,as of the day and year first above written. SOO LINE RAILROAD COMPANY Witnesses: • By Asst.Vice President Real Estate CITY OF ST. PAUL sy Its OFiICa1NATOR on�iam�red p�rt cpMp�ETEO O O^� �� Fina e� & Management Services GREEN SHEET NO. L CONTACyT PEflSON DEPAfITMEW�DIRECTOH AMVOR(OR ASS�STANT) Dave Nelson ASSICaN - RwwCE a�w�r s6rv�5 o�+ECrq+ -Crty /� � CANT o�r. T�cr P�ra. NUMBEA FOR _ � / ROUTiNC ��T a�� Valuations 298-5317 ORDER: - �y��y - ;_ SUBJECT/DESCAIPTION OF PROJECTlREQUEST: Approve resolution authorizing proper City Officials to execute a pipeline agreement with the SooLine Railroad for the purpose of installing a natural gas pipeline over �_ SooLine property which will serve City buildings at its Pleasant Avenue maintenance ° facility. l�Sg��r( t�i 1°1°� � RECOMMENDATIONS:(Approvs tA)a R�jset(fi)) COUNCIL RESEARCH HEPORT: . ' PI.ANNINO CAMMISSION CIViI SERVICE CAAMMSSION DATE IN OATE OUT AN11lY3T PMONE NO. ' DONIwO COAAfA16310N I�825 SCl100180�R0 A sru�s cw�ar�coMwasan co�w��s�s �on ww.�ooeo• Aer'u To corrt�cr con�smuerrr � �_WR ADDL INfO.• _FEEDBACK AODED i OISTRICT COUWC0. . •IXPUNATION: , suPVOArs vn+�cH courua oa�ccnv� �a�va.� L'P � 1�0� �,� �. Z1�.� ��- � t� �.S c� g(�� Z�.7 �nC� Located in Council District ��3 ��?� � '�'�� A�� S� '��`y'"�''�"� �'�'' c`�°�� ,Po��ra,�� i S i�3��s� `6�sK- - �`NF, c��sc � ��s�o��•�.� w��. ap. ,po�t� F�n.o�-�, 1°,� ��r�.r� �ww�.��-5��.�......k.Z zzs- �i3 I B -�za9. ti'. INITIATING PR08LEM,ISSUE,OPPORTUNITY(Who,W�aC When,Where,Why): See Justification. .,�: . -�`.: �:.,.JusnFlG►non(coeve.nefib.aEV.nmyea,aewnsl: _ _?qpr�' �'' _• Natural gas for heating will be cheaper than the bottle gas which is now used. ��- 3�m �-�..�...�.� . . 1��. `v� �.�� ,��„�� _:�- ti � - �-.��;CONSEGUENCES MTe4 YYhsn.and To Whom): . _ . '-_I- .L . . . ` :�;� �- Reduced cost for heating. �;:; . . :�;:, �� . . . ,-rr,- ALTERNATNES: PROS CONS N- . ��i. <�_:�G- � �� Higher cost for heating with bottle gas. � �� '- ��°''^- �,�,�. MISTORY/PIiECEDENTS: � - None `_. _ �c�►�issues: - None. . � , ._..J /',��n��"� �� / '� • ��v / V t , ' ��'�r�// /�/ �/�'� 8. Re�7►-�4brti �88-t'9�4 i - author 1 z f ng proper C fit� aff i c i a 1 s Ap�roved �ith to eti�i�� a pf p�l i'�te agreement w i tM th� Soo L i ne Ra i 1- revised green road for the. �rpose af insta� ling natural �as pipeline �heet to serve Eity buildings at its Pl�asant Avenue maintenance faci l#��: '��erre�i from Cour�Ei 1 Dccember 8) 9. Resolution 88-1949 - amending the 1988 budget by adding _ Approved $40,908.41 to the Financing and Spending Plans for Finance Special F'rojects Fund. (Referred from Councii December 13) 10. Resolution 88-1950 - amending the 1988 budget by adding Approved $2l ,50Q to the Financing and Spending Plans for Community Services-Japanese Garden. (Referred from Council December 13) 11 . Resolution 88-1951 - amending the 1988 budget by adciing Approved $28, 120 to the Financing and Spending Plans for Community Services Parks 8 R�creation Grants and Aid. (Referr-ed from Council December 13) 12. Resolution 88-1953 - amending the 1988 budget by adding Approved $125,000 to the Financing and Spending Plans for Energy Conservation Improvement Program Fund. (Referred from Councii December 13) 13. Resolution 88-1954 - amending the 1988 budget by adding Approved $594,600 to the Financing and S�ending Plans for Gene�al Debt Service Fund. (Referred from Council December 13) 14. Resolution �38-1963 - amending the 1988 budget by adding Approved $170,482.50 to the Financing and Spending Plans for 5treetscape lmprovement Debt Fund. (Referred from Council December 13) 15. Resolution 88-1955 - amending the 1988 budg2t by trans- Amendment appro�e ferring $24,000 in the Financing and Spending Pfans from Special Projects Generai Gover�ment Fund to Special No reco�nendation Prajects Government Responsiveness Program Fund. on entire resolu- (Referred from Council December 13) tion 16. Resolution 88-1952 - amending the 1988 budget by adding Approved $28,480 to the Financing and Spending Plans for Police Confiscated and Unciaimed Money. (Referred from Council December 13) 17. Resalution 88-195b - amending the 19t38 budget by trans- Approved as ferring $2,000 in the Financing and Spending Plans from amended Police Parking and Transit General Fund to Police Parking and Transit Clothing Uniform Fund. (Referred from Council December 13} (continued)