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87-1195 WH17E - CITV CLERK PINK - FINANC�E�„ G I TY O F SA I NT PA U L Council /�J CANARV - DiPAR7MENT FIlC NO• +� " /�� BLUE -MAVOR Return copy to: , , Valuations - Room 218 �� CZl R s l�tZ�n �� (MWCC) (EC) ' � �-�;' Presented By Referred To Committee: Date Out of Committee By Date WHEREAS, the Board of Water Commissioners of the City of Saint Paul plan to provide water service to the Metropolitan Waste Control Commission (MWCC) which necessitates the need for an easement crossing portions of public land owned by the City of Saint Paul and located in the Pig ' s Eye area as described below: A perpetual easement for underground water utility purposes under and across a 30-foot wide strip of land, the centerline of which is described as follows: Commencing at the Northwest corner of Section 10 , Township 28, Range 22, thence South 0 degrees 00 minutes 00 seconds East (assumed bearing) along the West line of the Northwest quarter of said Section 10 a distance of 780.00 feet; thence South 60 degrees 00 minutes 00 seconds East a distance of � 282.45 feet to the point of beginning; thence North 26 degrees 23 minutes Ol seconds East a distance of 248. 37 feet and there terminating. WHEREAS, the easement crosses portions of Battle Creek Regional Park (Pig's Eye) at locations satisfactory to the City of Saint Paul; and WHEREAS, in consideration for the granting of the easement herein described: the Metropolitan Waste Control Commission (MWCC) on behalf of itself and assigns hereby agrees to the terms and conditions in the attached document entitled Agreement Concerning Water Utility Easement Crossing Portions of Battle Creek Regional Park (Pig ' s Eye) which shall survive the conveyance of the easement. COUNCILMEN Yeas Drew Nays Requested by Department of: Nicosia Finance & Manaf�ement Services Rettman [n Favor Scheibel � Director Sonnen Against BY Weida Wilson orm App ve by City Att� Adopted by Council: Date �-- C Gertified Yassed by Council Secretary BY $ � By Approved by Mavor: Date Approved ayor for Submis i n Coancil By BY WHITE - CITV CLERK � P'INK - FINANCE G I TY OF SA I NT PA LT L Council a J. CANARV - D�PARTM�NT File NO. v � /�� BLUE - MAVOR Valuationsy-tRoom 2�8 Council Resolution c��> cE�> Presented By Referred To Committee: - Date Out of Committee By Date NOW THEREFORE BE IT RESOLVED, that the proper City Officials are hereby authorized and directed to convey by Quit Claim Deed a permanent water utility easement subject to the terms and conditions as set forth in the document entitled Agreement Concerning Water Utility Easement Crossing Portions of Battle Creek Regional Park (Pig's Eye) ; it being the intent of the parties that the terms and conditions of the Agreement survive this conveyance. COUNCILMEN Yeas DreW Nays Requested by Department of: Nicosia Finance & Mana ement Services Rettman In Favor Scheibel � Against BY �'Y""� ti�' Director Sonnen Weida WilsOri AUG I 8 I�v� orm Appr e ity Att ney Adopted by Council: Date � Certified P s r�ou.�cil S etar BY � � By, �1 - AUG 2 0 1987 � A►pprov Ntavor: Dat Approve b Mayor for Submis i n Council gy B Pls�ts� ��G 2 9 1987_ i / � �� • . �° �i � �� . �o Q1Q878 � � p,►R � ��'7��1�-` - - - - - - GONTA T �IAl�tB 238-5317 PHONE � Julv 9. 1987 , IIATE . ASSIGN N�MBER FOR ROUT�ING ORDER: See reverse side.) 2�Department Director for revie 4 � Mayor (or Assistant) � Finance and Maaag�ment Service Director � City Clerk _ Budget Director �, Valuatiens •& Ag,sessments � City Attorney _ TOTAL NUMBER QF SIGNATIIRE PAGES: � (Clip all locations for signature.) WHAT WILL SE AGHIEDED BY �AKING AC�ION ON THE ATTACHED IrtAATERIALS? (Purposs/Rationale) The City will convey� to the Metrop�litan Waste Control Commission a Water Utility easement across Battle Creek Park•I � �� ' ; . C F D R Q S The City will receive $3360.00 fro sale of easement. � FINANCING SOUBCE AND BUDGZT ACTIVI'�Y NUMBBR GHARGED OR CREDITED: � (Maypr's signature not required if, under $14,000.� ,I� Total Amcyunt of Trans�ction: $33q0.00 Activity Number: � � Funding Source: � : ATTACHMENTS: (List �and m�mber alliattachments.) 1. Resolution for sig�ature ! � 2. Sample Copy of Agreement � 3. Map , x ADMINISTRATIVE PROCEDURES i �Yes _No Ru1es, Regulatio s, Procedures, or Budget Amendment required? �Yes �No If yes, are they or timetable attached? � DEPAR�NT R$VIEW i CITY ATTORNEY �EVIEW X Yes No Council resolution xequired7 � Resolution required? _Yes No _Yes �,No Insurance required Insuxance sufficlent? Yes _No _Yes ,�No Insuranca attached; ' � � � , f . , .-, Y, � . ��,��y� �� AGREEMENT CONCERNING �•� � WATER UTILITY EASEMENT �; CROSSING PORTIONS OF BATTLE CREEK REGIONAL PARR (PIG ' s ;,� �r,�, � WHEREAS , the Board of Water Commiss.j,� er � f the C = ' Saint Paul plan to provide water serv ' t Metrop Waste Control Commission (MWCC) which �. �ss " the or an easement crossing portions of public . nd e ,}by the � � of Saint Paul and located in the Pig ' s Ey ea; � � d ,�''= WHEREAS , the easement crosses rti o �� att ,Creek Regional Park (Pig's Eye) at location _ �; +� ac 'he City of Saint Paul; and " r� WHEREAS , the City o �, ai �" � aul ,`s agre�d t•o convey an easement to the Metropoli W Con '1 Commission over the following described land : �:,� � , ��_ , A perpetua�'�;�aseme , s� u rground water utility purposes u�d and ' s a; ' 0-foot wide strip of land, thg � e��erli of whi1� is described as follows: ..�. ,.•, '-;� �"�t}�nmenci, , a �`r" he rthwest corner of Section 10 , ,�� ownship qe , thence South 0 degrees 00 �:,F�minutes 0' " ds st (assumed bearing) along the f <�' West line Northwest quarter of said Section �'V� '� 10 a dista ��780 . 00 feet• thence South 60 ;;;`s� .> , `"" de rees 00 ` nug �` 00 seconds East a distance of 't �y g - ,�eet`;, the point of beginning; thence North �.� . r�� ,s minutes O1 seconds East a distance of �•. 248 . 37 fe�et �d there terminating. � �: WHEREAS, in „�consideration for the granting of the easement herein des�,�-,�b , the Metropolitan Waste Control Commission (M WCC) , �� "lf of itself and assigns hereby agree to the 4. follo ''c� itions : �..�• . 1) The Permanent Water Utility Easement shall be granted to Metropolitan Waste Control Commission (MWCC) to construct, inspect, operate , repair , replace , reconstruct, remove and maintain its facilities for the water service. 2) Except as otherwise provided herein, Metropolitan Waste Control Commission (MWCC) and its contractor shall, after installation of the above described water service facilities, or after the exercise of any rights granted herein, restore the lands subject to this easement to as near their original condition as is reasonably possible and remove therefrom all debris , spoils and equipment resulting from or used in connection with said installation. 1 � � �rj--��/r� 3) The permanent easement area described herein shall automatically revert back to the City of Saint Paul at no cost , when the water main is abandoned. 4) The Water Utility will provide at the expense of the Metropolitan Waste Control Commission the connection to the 8-inch water main in Pig's Eye Lake Road. An 8" x 8" pressure tap, valve and valve box will be provided by the Utility at the Metropolitan Waste Control Commission's expense. All excavation, backfilling , compaction and restoration shall be provided by the Metropolitan Waste Control Commission's contractor . The contractor shall also provide equipment to lower materials into the trench. The Water Utility will make all necessary repairs to that part of the connection installed by the Utility for a period of 30 years from the date of installation. The portion of connection installed by the Metropolitan Waste Control Commission's contractor will not be guaranteed by the Utility. 5) All permits required by the Water Utility are the responsibility of the Metropolitan Waste Control Commission. 6) Inspection of the proposed connection will be provided by the Water Utility at the Metropolitan Waste Control Commission ' s expense . 7) Application for a new service connection and meter must be made at Water Utility offices by a representative of the Metropolitan Waste Control Commission. 8) Plan/profile drawings and specifications for the proposed project must be furnished to the Water Utility and City of Saint Paul (Department of Community Services) for review and approval. 9) That Metropolitan Waste Control Commission (MWCC) pay to the City of Saint Paul a sum of $ 3 , 360 . 00 in consideration for the easement and at the time the ease- ment is conveyed by Quit Claim Deed. 10) This conveyance is exempt from State Deed Tax pursuant to M.S .A. Sec. 287 . 22 . (MWCC1) � . _ �i--.��-i��s . IN WITNESS WHEREOF, the parties hereby have set their hands and seals to this Purchase Agreement. CITY OF SAINT PAU�L Mayor City Clerk Director of Finance and Management Services Department Director City Attorney (Formal Approval) ____________________________________________________________________________ METROPOLITAN WASTE CONTROL COMMISSION I ts Its � I ts (EasementAgr) ' - � � `,�'��/�y-� METROPOLITAN WASTE CONTROL COMMISSION NOTARY STATE OF MINNESOTA ) . ) ss . COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this y ----------' 19 ' b�' -------------- a of------------- ------- its Notary Public A ,.. ��1-�rf5 - CITY OF SAINT PAIIL NOTARY STATE OF MINNESOTA ) ) ss . COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of , 19 , bY , George Latimer , Mayor of the City of Saint Paul, a municipal corporation under the laws of the State of Minnesota. Notary STATE OF MINNESOTA ) ) ss . COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of , 19 , by A1.bert Olson, City Clerk of the City of Saint Paul , a municipal corporation of the State of Minnesota, on behalf of said City of saint Paul. Notary STATE OF MINNESOTA ) ) ss . COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this -----' Y ----------- ay ° f -------------------' 198 b -------------------------------- __, Director of Finance & Management Services of the City of Saint Paul , a municipal corporation of the State of Minnesota, on behalf of said City of Saint Paul . Notary � . �t (��.y?%/� ,% '� 1 '�7 , N.W. / SEC. 10, T�_8, R22, z��.o=_ , --- - - - - , - - - - :� _ _-- - — ,, --- -- - - , ,� i � ,_ � �� I / i / i ,fii � . ti i1 ,,��i I � - ,, :,�'< I ,, � • , , i ,�i I � ai�/ �� ;� �`��e° I �40 0.�� I � /� tt � i// � I .._ .. fi�-: I i . I / r � i� .t`' �4' ./,� i i i i..� � i' � i.� � � -� I \ ,,,.�y—'�� _ ,,:,.: � ;►�-; --- -- � (-i�ri7..� 'f�- -"='�\ � ,.f ` �• rs�� . . .� e � b\� \ 4 0!. reu �� \ �o�_� ,` aPG� u�v�. �„�� e `� --RI�,r__� Tl�,q � a43,ae!°' --- ---�-- - ..�•e9... �1 ° --- -- -{- — � --- --- ----n.e. '-'"'--° ��_ � Y -- �bM.Ob .I1 )• , ._,. `� se�-. � ��\ I • . ''o. �� . I v � \ v .j ,� �p5 � a, � . .,� , '� N � ......... ; , . .e„�:,,.,a... \ z <,, � � �) _-- —_ _J�y:� ---- \ ��PG� SJ� i , PN� , ` • � �G\5�ER�� e � I (,.j4...) : \��'t a � �. r�..=� -- ,,. �..,.,. - ,�° - .,�e.:: j \ � _ �!� . 'e:o :1 50\ � " '3 M[TROPOII?AN w�fTE CONTROI COMMISSION (�� b` � •I , 1 yE l�� . ; �I � •��• � � �ee ; � . �,�»�- j� , ,o„��,�... rr i i „� �,E�l"" � A i i i �. Q�� . � i I r i i I � f o �� i O .I 6/j'�� y ��/ � j �v �.�y � ��3 _— -- -- -- --- 4 S t X !t1 il ff � _ ' _' __ _ - � . .�[fi r�� "" G ol i f��.�� ' ' - _ _' , r,HAC IC ACl I J WA0.D 2 I \\ � \ . I � 09.2B-22q3-2B-22� 09-2A-22 2 __�—_ _-_ - —- _�� l----1 , , . � , o, , � I � � , � , , ` � � � � � � , � , � _ J �3� F �� \?.� I �,o.. � Y 1eas,�so4zl Q � N..-I w > w h .S� V e� Q _--__ IQ�LB—ZZ�G . ��i��` A G E N D A M A T E R I A L S COUNCIL ID�� DATE RECEIVED � � AGENDA DATE AGENDA ITEM �� , C��'��/ �� - j SUBJECT !��l�c. ,��-�.r—r j .�-�m��" ' __ �� / � �� .b.a�l /d�s�.-� - �z-e�--�° 6�� C��-� ��1�_. ORIGINATOR �_��, r__�__ CONTACT �� ',�t ��L�_ RESEARCH STAFF ASSIGVED � 1-�— DATE SENT TO CLERK � _;%� // COUNCIL ACTION .� � MASTER FILE INFO AVAILABLE � ��: ��,� , -� ,� �', , ��- � G ORD'�RESOL. �� DATE FILE CLOSED , � _ .� . - '�