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87-243 WHITE - C�TV CLENK PINK - FINANCE G I TY O F SA I NT PA U L Council ^ ///III�� CANARV - DEPARTMENT u r' �J��/� BLUE - MAYOR File 1\O• d / � Return copy to: COU il Res lution L,� Valuations - Room 218 (MWCC) (RM) � ' i �, � / Presented By Referred To �4��.- w� Committee: Date � `0��7 Out of Committee y Date 1iHS8B�8 the Metropolitan Waste Control Commission (MWCC) is presently un ertaking the acquisition of permanent and temporary easements for the new Middle Beltline Interceptorj and, NHB8Bl�8, the alignment of the New Middle Beltline parallels the existing Mid le Beltline extending from Warner Road on the south to Lake Phalen o the north; and �iHBBS�S upon completion of the construction of the new Middle Beltline, the Metropolitan Waste Control Commission will convey the existing Midd e Beltline to the City for use in the separation of our combined sewe system; and Te1H$R$A , in some instances , the City has requested the Metropolitan aste Control Commission to acquire additional land for storm sewer nd drainage easements needed for the existinq Middle Beltline; and 1IHBBBI,S, the City shall reimburse the Metropolitan Waste Control Commission fo these additional easementsf and iiHBBB�S, the Public Works Sewer Engineer and the Valuation and Assessments E gineer hane reviewed the agreement for the acquisition of easements and find it acceptable for the protection of the City's interest; THB88F0 BB IT 8$SOLVBD, that the Council of the City of Saint Paul hereby a thorizes and directs the proper City Officials to execute the agreement between the Metropolitan Waste Control Commission and the City mark d as Exhibit "A" attached hereto and made a part of this resolution. COUNCILMEN Requested by Department of: Yeas Nays Drew Nicosia [n Favor Rettman � .� � Scheibel ,,,�/ Sonnen �� __ Against BY �'� Tedesco I-I�"�� W`��°° FEB 2 ; 1987 Form Approve by City Att r� Adopted by Council: Da e � Certified Va: •e unc.il S re y By � `� B}� Approved b M vor. ate °��_��.�R�� ` Approv by Mayor for S mi i�to Council BY �'i'r�,... �:;� —� ��i BY Finance 6 Mgy�t. servic � pEp�►RTMENT �� 3 N° _ 0'7 34 Dick McCainn CONTACT 298-5317 PHONE . Jan 13, 1987 - DATE � ri� ,, � � ASSIGN NUMBER FOR ROUTI G ORDER Cli All Locations for Si- nature : Department Director � Director of Management/Mayor � Finance and Managem nt Services Director � �* City Clerk � Budget D'irector 3 Chris Nicosia ,� City Attorney : .�-�---� HAT WILL B� ACHIEVED B TAKING ACTION ON TNE ATTACk1ED MATERIALS? (PurposeJ Rationale) : Authorize ,the proper itq officials to execute an agreement between the Metropolitan, Waste Control Commiss on and the City of St. Paul which deals with the acquiaition of easements for both th new and the exiating Middle Beltline Interceptors, the amounts the Citp will be re-i ureing the 1rb�ICC #or certain easements and the conveyance of t�e existing l�iddl.e Beltl ne to the City for u�e in the s�paration of the Cit�q's combined aewer aqstem. The Mi le Beltline Interceptors run on a generelly north-south line from the intersectioa or Warner Road at Hi.ghway 61 to Phalen I.ake. . OST BENEFIT BUDGETARY AND PERSONNEL IMPACTS ANTICIPATED: City will b,�.� re-imburs ng the MWCC approximately. $10,206.00 for the required easements. • . ��.� RECEIVED ; . �\�°� `��,�A N 1 6 �aR7 RECEIVED MAYOR'$ 0'�� ,I��1 � '6 '�R7 . RINANCING SOURCE AND BU GET ACTIVITY NUMBER CHARGED OR CREDIT Y��,axp��s�ena- ri�i,��r� Total 'AmouAt .of "Tran ction: qu�red if under � a,o,00a) Fundin�g Source: Activity Number: • ATTACHMENTS Li st and N ber Al l Attachments : ,;r RECEIVED _�. 1. Resolution � �AN 15 1987 2. CoPY o€ Agreement _ 3. Map OFFlCE OF THE DIRECTOR OEPARTMENT OF FiNANCE AND NIANA(3EMENT SERVICES l�PARThIENT REVIEW CITY ATTORNEY REYIEW �,Yes No Council Re olution Required? ' Resolut9on Required? Yes No � Yes No Insurance equired? Insurance Sufficient? Yes No Yes No Insurance ttached: � _...._ (SEE •REVERSE SIDE FOR INSTRUCTIONS) Revised 12/84 Y � ��-a� -. __ �.i.._ � -�- r..., � /�;=-,�,. - � • •Z �� `+ • •= JJtl�•' " � � (I r� , 1 � IM I �.L i / 'R�.a/ "� �I ,...� T � • ��• ,. , . � �;�, �,�,4 �: �' I ;:��r�,��}s�-��s�' � �i � I i i = .., � ,r _ q :, ,r v ...,. � -- � � � � e � � � r- \i, ['i�� _ � p __•,;� II_ }�L ��...c!�n �. 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' I �, +:� �i�,� �.��—� � � `--�...— ! i � >�'z"'�':�='.�f� t"�/ _ (.1�.�{%�,��R� L�7 ,��1DI,J��a � _�COL ,`e ...^ �� ^_'-� c t�� .,,.: — `�� r�'� ' �I �, 'F �—�. y._.;f�,� , _ ��\ � I.�� `�=1�-�1�-�; <.�� _ " � � �.. ��:.. �t;j �% �' � . `� ` -�,,'1 �'"°.�� >� \� , � . . � �;r,� i �.�.. ;� _ a -�i�� ;�p� � '�,,`��cJ��e--� % :_� a � '� �'� � \; —�z� `� •��' ;-� E - 1i� �' ( � 'C. �1�\ � ,�. , �-J�a :�� : � � ; �� Ja�J�a�� E- - �... ��. ` ♦��' �\\ •4 1•`. � � O � O`' � \`�+� f r• t �� I` e '�� \�� ` `, S ' �` '^ � ✓� � �� -� � � "C' �� "� \� �-��'�� \ :' �► _ r �'`` �) I •� 4� I �--� � �� \ �''� � � --�- \� 1� �� ' ,,,. .:�; �� J� +' sT P.u� ' � , � � ..a..�oj^ —i�.Y. 'i�.)�1:JL�' �--�R�',;r \`°',` � oww.owr. ( �� ,.��j � p� i��Jj� � .�ROOr+T '. 1 . r� � '�:!, j� � .� . ' BELTLINE INTERCEPTO.R . � � i � � ; � Gr �� °� � �' ' S Y S T E M J 2 r 70 � ;�r1UD =7��`t�.�" - L p� f�( ��G�J , �� . --� � �'o -:;,j �'P"'��1��E � i 7�, �.•.. �`jM W G C % � .� ' •' f va ��j��=.,- �: T�1 `�''� `, � �M E T R O i ! -,I ;, .�� .�.��`1 .,��.�.,�,..�. W W T P � \ ��, � ��—..` •"(:�,�7f�r �,,,�� . �, � ��^ '��u�� ,�'_ � , 1�� l� C� ��—=� ,� i ..�sn co •••• 1 � ' o cc.�E� � �. � �� .�rr3- e i 0 1/ 1/4 1/2 MILES �/� ,S�/��i �fiL I ��I� � •�■�r /VFGtJ ,f�EL T L//Y�E , � , �-�7- a�a AGREEMENT FOR ACQUISITION OF EASEMENTS FOR MIDDLE BELTLINE INTERCEPTOR SEWER ,':��''i This ag eement made }s this day of , 1986 ,� :t by and betwee the City of St. Paul, a municipal subdivision incorporated nder the laws of Minnesota, hereinafter called the City and the Metro olitan Waste Control Commission with the jurisdiction and powers se out in Minnesota Statutes, Chapter 473 , hereinafter called Commis ion. WHEREAS the Commission is presently undertaking the acquisition of permanent nd temporary construction easements and other rights of way needed fo the construction operation and maintenance of the new Middle Beltli e Interceptor, MWCC Project Number 85-66; and WHEREAS the proposed alignment of the New Middle Beltline Interceptor i part, parallels the existing Middle Beltline Interceptor w ich encompasses portions of 1-SP-210 , 1-SP-214 and MWCC 7122 extendin from Warner Road in the south to Beaver Lake on the east to the s uth shore of Lake Phalen to the north; and WHEREAS upon completion of the construction of the new interceptor, he Commission will transfer ownership of the existing : or Watershed District and otY:ers combined sani ary/storm sewer pipe to the City/�or u� �y/as — a storm sewer and WHEREAS in some instances, the City has requested and will require addit onal land for storm sewer and drainage easements; NOW, TH REFORE, IT IS HEREBY AGREED TO AS FOLLOWS : 1 . The Commission will acquire either by direct negotiation or through conde nation the utility and drainage easements on, under and across those ands as generally described in Items 1 through 6 herein -1- � � ;� ��--- �7-.��_3 '� . . � as such acqui ition may be practical in aecordance with Minnesota State Statute . 2. The City shall reimburse the Commission the full expense of acquiring the asements including the actual amount paid for the easements and r fee title property plus such fees and costs expended in the acquisi ion of the property such as attorney fees, appraisal fees, surveyin costs and other costs which may be incurred in negotiating th land acquisition or as may arise out of a petition of condemnation f ' led by the Commission in Ramsey County District Court. The value or a ount of such expenses shall be determined on an individual par el basis calculated by that portion of the easement or fee title inte est acquired for the eventual sole use by the City. 3 . The asements and any fee title interest to be acquired by the Commission are as described on the survey documents prepared by a duly registere land surveyor in the employ of Orr-Schelen-Mayeron- Associate, Inc , the consulting design engineer for the Middle Beltline Inter eptor project, MWCC Project Number 85-66. As of th date of this Agreement, the estimated amounts for the i actual payment for the easements by the Commission are as provided on Exhibit A t a ta hed hereto. This amount is a preliminary figure subject to revision by the Commission and is dependent on final negotiated settlement amo nts, condemnation commissioners awards or other awards ' determined by he District Court. The amount shown on Exhibit A is for actual acq isition only, and does not include attorney fees, appraisal fees, surveying costs or other costs which may be incurre in negotiating the land acquisition or acquiring such easements through condem tion, all of which are /�a be eev�ewed e C� y.- and if reasonable shall e Paid• -2- . . �-= �y ay3 4 . The and to be acquired for the City including any conditions to his acquisition are as follows: I . Case Avenue to York Avenue. Parcel Number 86-59EX. (a) The petition will propose to acquire a thirty foot wide public utility easement in which the City of Saint Paul will be named as having an existing twenty foot ease ent. (b) It is our understanding the City will quit claim its wenty foot easement to the Commission at no cost to the Comm ssion and will reimburse the Commission the legal and �� admi istrative expenses of acquiring an additional ten foot ease ent plus the actual amount paid to the property owne (s) for the 10 foot additional easement which amount is eith r the amount agreed to by the Commission and the owne (s ) or is the amount paid to the owner(s ) as a result II of t e condemnation commissioners ' award or award of the I cour upon appeal. � (c) Should the District Court determine that the City � does ot have a twenty foot easement, the City will for the � i,C� reimb rse the Commission/atrd legal and administrative costs associated with acquiring the full thirty foot wide easement as we 1 as the amount of the condemnation award to the prope ty owners . (d) The Commission will convey the full thirty foot wide ermanent easement to the City at such time as owner hip of the pipe is transferred back to the City. II . York Avenue to Seventh Street. Parcel Numbers 85-56EX, 6-57EX, 86-54EX and 86-52EX. -3- . . l'� �7_ay� (a) No easements of recor3 are available for the exi ting combined sewer pipe. (b) The Commission will proceed to acquire a thirty foot wide permanent easement. (c> The Commission will convey the thirty foot per nent easement to the City of Saint Paul at such time as owne ship of the pipe is transferred back to the City. (d) The City will reimburse the Commission the legal and dministrative costs associated with acquiring the thir y foot wide permanent easement plus the actual amount paid to the property owner( s) for the easement which amount is e ther the amount agreed to by the Commission and the ;, owne (s) or is the amount paid to the owner(s) as a result of t e condemnation commissioners ' award or award of the cour upon appeal. III. Seventh Street to Ross Avenue. Parcel Number 86-51EX and 86-4 EX. (a) The Commission will propose to acquire the I perm nent public utility easement as described. -`- (b) The Commission will convey the twenty foot perm nent to the City at such time as ownership of the pipe is t ansferred back to the City. Ross J� IV. �tese Avenue to Minnehaha Avenue. Parcel Numbers ' 86-47EX, 86-46EX, 86-45EX, 86-43EX, 86-42EX, 86-41EX, and 86-40EX. (a) The petition will propose to acquire a twenty foot ermanent gublic utility easement for that land in which the City of Saint Paul will be named as having an -4- , . �- ��-a�.� existing twenty foot permanent easement. (b) The City will quit claim its twenty foot easement to t e Commission. .:;� ;r (c) Should the District Court determine that the City . does not have a twenty foot easement, the City will reim urse the Commission the legal and administrative costs asso iated with acquiring the twenty foot permanent ease ent, as well as the amount of the condemnation award to the roperty owners. (d) The Commission will convey the twenty foot ease ent to the City at such time as ownership of the pipe is t ansferred back to the City. (e) The City will acquire any additional permanent ease ent it determines to be necessary. V. Minnehaha Avenue to Third Street. Parcel Numbers 86-38EX, 86-37EX, 87-36EX, 86-35EX, 86-31EX, 86-30EX, 86-29EX, 86-25EX, 86-24EX, 86-16EX, 86-15EX, 86-14EX, 86-13EX, 86-12EX and 86-1 EX. (a) Except for Parcels 86-12EX and 29EX, the petition will include a thirty foot wide permanent easement in which the ity of Saint Paul will be named as having an existing twen y foot easement. For Parcels 86-12EX and 86-29EX, the peti ion will include a 20 foot wide permanent easement in whic the City of St. Paul will be named as having an exis ing 20 foot wide easement. (b) The City will quit claim its twenty foot easement to t e Commission and reimburse the Commission the expense of a quiring an additional ten foot easement plus the actual -5- . . �� 3 amo nt paid to the property owner(s) for the 10 foot add tional easement which amount is either the amount agreed to y the Commission and the owner(s) or is the amount paid to he owner(s) as a .result of the condemnation +.�� co issioners ' award or award of the court upon appeal. (c) Should the District Court determine that the City doe not have a twenty foot easement, the City will rei burse the Commission the legal and administrative costs ass ciated with acquiring the full thirty foot easement. (d) The Commission will convey the thirty foot eas ment to the City at such time as ownership of the pipe is ransferred back to the City. VI Drainage Easement - Fourth Street to Third Street. Easemen s 86-10EX and 86-13EX. (a) The easements described in the condemnation pet' tion filed by the Commission will be for temporary con truction purposes only. (b) The Commissi�n, however, will attempt to acquire z the permanent drainage easements requested by the City ' ` thr ugh negotiations directly with the property owner(s) . If egotiations are successful in an amount approved by the Cit , the City will reimburse the Commission the costs for acq iring the permanent drainage easement. (c) Should negotiations with the property owner(s) be uns ccessful, the City shall proceed to file a condemnation pet' tion to acquire the permanent drainage easements. 5 . Pay ents to the Commission by the City in accordance with the above par graphs shall be due and payable to the Commission upon -6- � .� . �-_- ��-�� the Commissio putting the easements described in the above paragraphs of record in he Office of the County Recorder or Registrar of Titles of Ramsey Cou ty, Minnesota as applicable. In addition, the Commission wi 1 submit to the City at that time an itemized bill for reimbursement by the City of attorney fees, appraisal fees, surveying costs and any other costs .incurred in negotiating the land acquisition nr �;�quiring uch easements through condemnation. 6 . Upo request by the Commission, the City will provide the quit claim de ds as required in the above paragraph in a form appropriate f r recording in the Office of the County Recorder or Registrar of itles of Ramsey County, Minnesota, a applicable. METROPOLITAN ASTE CONTROL COMMISSION CITY OF ST. PAUL By � By Its Its MAYOR By By Its Its _ CITY CLERK By Its DIRE TOR, DEPAR NT OF FINANC�1� & MANAGEMENT SERVICES ��' FO�M PROVE : ,� � _ r�,3 fig�- Asst� G[t�r Aitamd�lL , ,�� -7- . , . , � �7��3 Calc lation of EX Easements to be Paid by the City 10 EX - o Reimbursement 11 $ 322 . 00 12 No R imbursement 13 No R imbursement 14 407.00 15 246. 00 16 307. 00 24 1,141. 00 25 919. 00 29 No R imbursement 30 1,105 . 00 35 1. 00 36 812 .00 37 191 . 00 38 107. 00 40 No R imbursement 41 No R imbursement 42 No R imbursement 43 No R imbursement � 45 No R imbursement 46 No R imbursement 47 No R imburaement 48 581 . 00 51 612 . 00 52 726 . 00 54 806 .00 56 669 .00 57 669.00 59 585. 00 $10 , 206. 00 �i= ��s�3 1[embara: . � ' ' CITY OF SA.I�TT PAIIL ��aa�iceN�a�tm a��`� � ,� u��uo ` . 8tki 3oaaea �� OFFIC,F OF THE CITY COIINCIL ' Joha Drew (Alt) Date: � itte e T� e a r � . C mm . . p . To: Saint Paul City Council Fro : Committee on Public Works Chris Nicosia, Chair The Publi Works Committee at its meeting of February 18, 1987 took the following ction: Hearinq ate . 1 . 2/24/8 FINAL ORDER: Improve the foliowinq avenue and streets by qrading and paving, constructing concrete curb and �utter; constructing storm water drainage facilities, water main and water connections, sanitary sewer and sanitary sewer connections and a street lighting system in UPLAND AVENUE from Burlinc7ton Road to Oakridge Street in DAKRIOGE STREET from Upland Avenue to Howard 5treet and in FIR STREET from Oakridc7e Street to approximately 200 feet south of �` Oa{cridge. Also slope construction in the above-mentioned avenue and streets. (laid over from 2-4-87) . Laid over or an indefinite time. 2. 2J24/8 FINAL ORDER: Improving the following streets with a bituminous paving, concrete curb and gutters, concrete driveways and outwalks and a street lightin9 system: IOWA AVENUE from Alameda to Grotto; ALAMEDA STREET from Nebraska to Iowa; HOYT AVENUE from Alameda to Grotto; and DANFORTH STREET from Wheetock Parkway to Cottage. Also canstruction of sanitary, storm and water connections if requested by property owners. All to be known as the DALE/HOYT AREA STORM SEWER ANO STREET PAVING AND LIGHTING PRO:IECT (SUPPLEMENT} . Approved ith recommendation to pass. 3. 2/24/ 7 RATIFICATION OF AWARD OF DAMAGES: Acquiring a 10-foot permanent sanitary sewer easement on the east side of BREEN STREET between Hyacinth and Hawthorne Streets ieqally described as the west 10 feet of LotS 4 thru 9 and the north 16 feet of Lot 3 and the south 50 feet of Lot 10, Gerardine's Garden Lots. Approved ith recommendation that it pass. CTTY HALL SEVENTH FLOOR SAINT PAUL, MINNFSOTA 55102 612/298-4475 ,�..• . (,�a� �1-a�3 � � _4. � 'OI�DINANCE: amendinq Ordinance No. 13534 of the Legislative Code pertaining to one-way streets and deleting 8TH STREET W. from Sibley to Jackson and SIBLEY north from 7th to 8th Street and amendinq Ordinance No. 16468 by deleting 8TH STREET E. from Wabasha to Jackson and 9TH STREET W. from Jackson to Cedar. (laid over from 2-4-87) . Approved wi h recommendation that it pass. 5. ORDINANCE: amendinq Ordinance No. 13539 of the Legistative Code� pertaining to parking meter zones and deleting both , sides of SIBLEY from 7th to 8th Street, both sides of STH STREET from Wabasha to Cedar, north side of 8TH STREET from Cedar to Minnesota, and the north side of 8TH STREET from Robert to Jackson and amending Ordinance No. 16467 by deletinq the north side of 8TH STREET from Minnesota to Jackson. (laid over from 2-4-87} . Approved with recommendation that it pass. 6. RESOLU�fION: authorizinc7 an agreement with the Minnesota Department of Transportation for the imArovement of T.H. 5 (8TH 5TREET) from 5t. Peter to Wacouta Streets. (laid over from 2-4-87} . Approved w th recommendation to pass. 7• RE5f1�CST1`t7�f:---��;tac�r i z i n� an agreement between .�,the Metropolitan Waste Control Commiss.ion and the City for the acquisition of easements for the new Middle Beltline I�►terceptor Sewer. � A{�proved w th recort�nendation to pass. 8. RESOLUTION: accepting Registered Land Survey for Steven Treanor. Laid over or two weeks. 9. RESOLUTIQN: authorizinq an agreement between the City and the State Department of Transportation for payrnent of the City's share of the cost for the improvement of T.H. 51 � (Snelling Avenue) from Como Avenue to the north City limits. Approved ith recammendation to pass. - - - - --.. . __.. , __.. _ . . . _ ..__ _.. ,.. ,. .. .,.. , _ _ _,. _ _. _. .. _ _ ..,..��.