86-51 � WHITE - CITV CLERK �
PINK - FINANCE G I TY O F SA I NT PA U L Council
CANARV - DEPARTMENT �� ��/ �
BtUE - MAVOR � FIIC NO. 1
Return �opy to: Cou il Re olution
Valuations — Room 218
c f
�
Presented By .
Referred To � Committee: Date �� — �-��8�
Out of Committee By Date
WHERF,AS, the Council of the Ci�y of Saint Paul, by resolution 85-197
ap�roved February 13, 1985, vacated �he follawing described land:
All of the alley in Block 2, Greene's Addition to t1�e Ci�y
of Saint Paul
Wf�REAS, Condition number tw�o of said resolukion 85-197 requires the
petitioner, Ace Au�o Par�s, to pay $2,700.00 as compensa�ion for said
vacation.
Wi�RREAS, The City of Saint Paul, has agreed to purchase land fram the
petitioner for storm water p�nding purposes for $16,250.00 less the amount of
$2,700.00 being the amount se� as aompensation for the vacation of the larx7
in said resolution 85-197.
WHEREAS, since the City is deduc�ing the amoun� of $2,700.00 from �he
amount being paid �o �he petitior�er for the ponding site, condition number
�ao in said resolution 85-197 can be dele�ed.
�qRE BE IT RF.SOLV�, �hat condition number two of resolutior� 85-
197 is hereby deleted.
BE IT � RF50LVID, tha� in all o�her respects, Council Resolution
85-197 shall remain in full force arid effect.
COUNCILMEN Requested by Department of:
Yeas p�� Nays
�a�� � In Favor na ement S r ce
Nicosia
Scheibel
Sonnen d Against B
Tedesco � 1 `�
Wilson laC/A��
JAN 1 6 1986 Form Appr ved Ci y Atto ey
Adopted by Council: Date
Certified Pas b uncil Se ar BY C t����[ �s
By
J N Z t 1986 App ved by Mayor for S m' sion to Council
t�ppro d y avor: Date —
By
P�9���� "�D J r�I�! � 5 1986 �
Finance � Mgmt. Services � DE�ARTM�� F l� 0� � N. 3 6
0 �
Dick McG��n ' ' ' � � CONTACT ;
, �
298-5317 PHONE '
Nov 13, 1985 DATE 1 ��� Q, �i ,'
ASSIGN NUMBER FOR ROUTING ORDER (Clip All Lacations for Signature} ;
Department Director 2 Director of Management/Mayor
1 Finance and Management Services Director r� City Clerk
Budget Director 3 Councilman Nicosia
City Attorney
WHAT WILL BE ACHIEVED BY TAKING ACTION ON THE ATTACHED MATERIALS? (Purpose/
Rationale) :
Amend Council 8esolution 85-197 by deleting condition number� The City will deduct
the amount of compensation ($2700) from the amount the City s paying the petitioner
for a storm water ponding area per agreement attached hereto.
COST/BENEFIT, BUDGETARY AND PERSONNEL IMPACTS ANTICIPATEO:
None
RECEIVED
�vov 19 �9a5
FINANCING SOURCE AND BUDGET ACTIVITY NUMBER CHARGED OR CREDITED: (MayorMRYt�'�rf�F�iCE
ture not re-
Total Amount of Transaction: quired if under
��A $10,000)
Funding Source:
Activity Number: .� RECEIVED �
ATTACHMENTS (List and Number Al1 Attachments) : IVO V 1 9 1985
1. �tesolution OFFICE OF THE DIRECTOR
2. Copy of Vaeation Resolution 85-197 DEPARTM ENT OF FTNANCE
3. Copy of AgreemenC for ponding acquisitioeRND MANAGEMENT SERVICES
DEPARTMENT REVIEW CITY ATTORNEY REVIEW
�Yes No Council Resolution Required? Resolution Required? Yes No
Yes " tNo Insurance Required? Insurance Sufficient? Yes No
Yes _ _�!o Insurance Attached:
T
(SEE REVERSE SIDE FOR INSTRUCTIONS)
Revised 12/84
wHITE - CILv �_EFK � � . � ���� • � � '+��`� /
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'����� ``�``' � �� -- Couneil solution _ _ _ �.� �� �
Presented I3y i� %���� � , ��! �_'���.�_ �,.�.�'_ ._..._% -
• l
Referred To � `'' .., .:. .. ......._,.,,�:ci-;.=: "'i�;i�i_�n
Committee: bat� ���'��� � �
L}��� �V�uii::v C:t i�d���1�IJ'iltiCilll Jrl V1�. �.
Out of Committee By Date
RESOLVEll, tliai: upon the p�tition o.f Ace Auto Y�rts: Inc, per
file P1o, 23-1939 , ttiat p�r,t of the alley in Block "l, Greene `s Adc2ition, �
bo�.u7dc:u by Rice and Acke� ,Streets and t?Ze Eurlington ilarthern Rail-
road, hereinafter dsscrib�,� ,}�e. and .the same is hereUy vacated azi�t
discontinued as public a�,l..ey... . . . , _ . , . . . , , -
�
A17. csf t�ie all�y in ,F3�ock, 2,. _Green�,'.s. .�dc�ition to the . _ : . _
City of �t. Paul . ,. _ . . _ . , ,. -
5ubject expressly to th�. y�oll.q,winy eonditions. and reservations: . , ,
l. 'rhat the vacatiQn be �.ct,bjec� to all, _tThe tex�rns and co,nditions .
of Chaptc3r 130, codified�,�iar,ch ,I.;., i1981,_ .0� „th� �St. Paul Leg�sl.�tive , ,
Code; as amended. ;., .. . . n . � . : . . � .. .. .
- 2 . Tnat the petitioner pay, to. .i;he _City ,the sum of $2, 70Q. 40 as
coripensation for the vacas.�i.or� wa�thir� ,60. ciays o�. .the effectiv.e date
of this resolutiou.
3. That the petitioiier, �,ts successors or assigizs, by accept-.
ance ot the terms and co�}dit�ons .o.f ,thi,s vac�tion, agrees ,to inden�r�ify,
defend and save harrr�less ,thE .City. _of ,Sai,nt P.aul, its officers and .
enploye�:s froru all suits,,,,actions or. claiins_ of any ciiaracter, includ-
ing but nat limited to, a� _claira, ,brough� because of any injuries ; or
darr�ages received or sus�ained .t?y. any p�rson�. persons, or pzoperty,_ �
on account o� this vacati,,on; or b�cause of any act or oinission, �
neglect or uii�conctuct of..�aic2 ,petitioner: _or ,becaus� of any clai.�ts or
iiability arisinc� froru oz„ basec� ,an .any ,violation of a.ay law or regula-
tion rsade in accordance With. .the .;law .whethex by tne petitioner or
any of its agents or emp.l�oyee�... .. � .. ., � . , . � -. � . , .
COU[VCILMEN Requested by Department of:
Yeas Nays
�°'�'e"���N�� � De,�a�tiuent of, Finance and Manage�ent
o�eW
Masa�z (n Favor � � ,` erVices
Nicosla - ' ' ^,�J '� i
scheibe► U. __ Against BY � ��
Tedesco
Wllson
FEB 1 � 1985 Form Approved by._City Attorney
Adopted by Council: Date � ;
CertifiE:diPassed, b Counci �. cretary By �--�' � � �j �l1 �� �:� `'
.
s�� �`���_� ti--_
Approved by �lavor. Date _ �` �''i � ��� '`�-�;°•'1 Approved by Mayo� for Submission to Council
1:
BY - BY
. � . ��-�-�
� �
AGREFMII�TP
THIS AGR�FME�TI', made and entered inko this 26th day of September
, 19 85 , by and t�tween the CITY OF SAINT PAUL, a
municipal corporaY.ion, hereinaFrer referred to as "City" and ACE AUTO
PARTS AND SALVAGE, INC., a corporation oL. the Srate of Minnesoka,
tiereinafter referred ko as "Ace Auko Parts";
W�-ir.REAS, the City desires to acquire a permanenr. easement for ponding
p�rposes over, on, across and under
All thar porkion of Lot 17 of Guerin's Oukloks to khe City
oE St. Paul according t� the recorded plat thereof on file �
in khe office oE the Register of Deeds in and for said
Ramsey Coun�:y, Minnesota, excepting, thereFrom, the Eask
5 feer of said IAt 17
WH�REAS, Ace Auto Parts is presenr.ly the owner of khe above described
property;
NOW, THEREFORE, It is agreed by and between rhese parties, their
successors and assigns: �
1. Ace Auto Parks shall by mutually agreed upon separare deed of
easement, deed ko the City a permanent easement for ponding purposes, over, '
under, on and across the properky legally descril�ed above which is shown in
blue on ak�ached Exhibit "A" incorporated by khis reference.
2. The City shall pay $13,550 to Ace Auto Par�s. This sum represents
the value of the easement over said Lot 17 ($16,250.00) less $2700 which is
the agreed upon value of alley located in Block 2 Greene's Addition and Lok 18,
Guerin's Ouk Lots ko Saint Paul pekikioned ko be vacated by Ace Auto Parrs
and approved Eor vacation by the Ciry Council oE Saint Paul by Council
Resolution Nwnber 85-197, February 12, 1985.
3. Sire Preparation and Maintenance
The City will develop the site ko be part of a storm water detention pond
thak extends ro rhe soukh and east of the sike. Any costs necessary to khe
develooment oL the sire as a skorm water detenkion pond will be borne by
khe City. Any construckion or.grading necessary to faciliraYe complete
drainage oF rhe sike will be done and paid for by the City. This includes
khe cost of the original surveying and grading of the site and the removal
and subsequenk replacement oF parts perrnirted to be skored in Y.he ponding
� sike area pursuank to the kerms of this agreem�nr.
The City will do mainkenance work required by any ponding action on the site
tt�at is nor relat-ed ro cleaning up or removal of prohibited materials as
��F!Rc^-�� 1R ?��:�?;1C�,.^-�'1 rJ OE t.�l'_s aa_eAmenr, A,C? aUtO ��rt� 1S resoonsible for
ai�y liability Or acrion due to tl�E' st.orage OL �LOn1D1tEfl IilaL?Llala.
4. . Design of Storm Waker DekenY.ion Fond �
The pond will be designed ro accommodate rhe flow from khe City's design 100
_ � . _ . . � C� �� - �i
year skorm. The maximum elevation of ponded waker will be 142.0' City dakum.
The maximum depth of ponded water on rhis site will be 3.0' a.ssuming the
property is graded ko rhe minim�.un elevation permitted of 139.0' . The pond
will be designed so thak the maximum elevation of the pond during a 5 year
design storm w.ill nor cause the sike ko be floocled.
5. Prohibited Material .
At no time will t.he following marerial be stored on rhis sike:
Fv-►y part or material that contains, or contains any residue oE, or is
coated wirh the Pollowing: grease, oil, brake fluids, kransmission
fluids, gasoline, battery acid, anki-freeze solvents, and okher similar
petroleum solvenrs and wastes. �
Fmpty batkeries and gasoline tanks.
Any part or marerial that cannot b� and is nok secured from floating in
warer.
Storage of galvanized painted and rusted parts and materials is discouraged
but not prahibited. Al1 other parks and materials may be stored on the
ponding sike at the sole responsibiliry and risk of Ace Auto Parks.
6. Insurance
Ace Auto Parts shall obtain and pay for a COMPREHENSIV� GENERAL LIAI3ILITY
insurance policy which shall (1) name the City of Sainr Paul, its elected and.
appoinr.ed of-Ficers as add.irional ins�reds; (2) be primary with respecr to
any Ciry of. Saint Paul insurance or self-insurance program and (3) conkain a
standard cross liability provision and shall have a canbined single limit of
nor less than:
$500,000 Bodily Injury and Properky Damage PER OCCURRF3�CE
Th� policy shall contain a cl�use t:har the insurer cannok cancel or change
. Y.he insurance wit.hour f.irst giving the City oF Saint Paul 30 days wrikrer�
notice.
Ace Auto Part:s shall provide •t.he City wikh a CertiEicare of Insurance upon
the execur.ion oE the ponding easemenk. �
7. Indemniry
Unless caused by the wronyful conduck of t-he Ciky of Saint Paul and any
agents or employees r.her�oF, Ace Auro Part indemnifies, defends, saves and
tx�lds harmless t-1ie City oF St. Paul and any agents oc employees khereot from
all claims, dema�nds, ackions or causes �E action of whatsoever nature or
character, arisi�zg out-. oE or by reason oE .t.he condition of the premises or
as a result-. ot operakions ar business ackivikies taking place on the
premi.�es or as a rc�sulr oF any exisring liens or Fukure liens against the
properr.y as a resulr oE the rransfer of the premise�s from rhe Burlington
NorthPrn, Inc. and Ace Auro Parts.
. � . . . � � �� s�
g. Follution and Contaminants
Ace Auto Parts agrees to comply with all ordinances, laws, rules and
regulations enacted by any governmental body or agency relating to the .
control, abatement or emission oF air and waY.er contaminants and/or the
disposal of refuse, solid wastes or liquid wastes. Ace Auto Parts shall
bear all cost and expense arising from compliance with said ordinances,
laws, rules, or regulakions and shall indemnify, defend, save and hold
harmless the City of Saint Paul from all liability, including without
limitakion, fines, forfeikures, and penalties arising in connection with khe
failure by Ace Auto Parts to comply with such ordinances, laws, rules or
regulations.
9. None of the provisions of this agreerr�ent is intended to or shall be
merged by reason of the above referenced deed of easement and such deed o�
easement shall not be deemed to affect or impair the provisions of this
agreement. �
� IN WITNESS WE-iERDOF, the parties hereto have caused this Agreement to be
'executed by their proper officers.
APPF�VED AS � FbRM: CITY OF SAINT PAUI,
� __._�__--
� ? - .�v
Assistant City Attor ey . ' �
Director City Clerk
. �/ �.�j/,�
.; ,��-��� � ;`�it,V�----
Direc r, Department of
Finance and Management Services
ACE ACTIb PAR'I'S AND SALVAGE, �NC.
^ , �
r �'� '
��f � �
By: f��`i1���.�'�'' � X �c�._.�-" �---.
� "
President
ATI'EST: .
. 3 .
�------_ . - � � � �-si
. �i �
�_, ;
�,...
State of Minn�sota )
• ) SS
• County oP Ramsey )
On this 26th __ day oE September �___� 19�___, before me
a Notary PuS.lic witl�in and Eot said County, personally appeared
Donald Kloek � and
to me personally known, who, being each duly swor�, did say that they are
President and of
AC� A[J'Il� PARTS l�W SALVAGF, It�IC. , notecJ in the foregoing instrument and that
said instrurn�nt was .�iyned on b�half of ACE AU'I� PAR'i5 AND SALVAGE, INC.
. 1
• � / / �
' , � ♦�
�" Nbtary Public ,
Form Approved: '
Assistant City Attorney
This deed is exem��.t Erom stat? deed
tax under ldinn. St�t. Sec. 287.22(F)
� THIS INSTRUMF.VT WAS DRAE"rED BY .
� City of Saint Paul
. OFFICE OF CITY A2'InRNP.'Y
647 City Hali
Saint Pau.1, Minnesota '
i
. • ; .
R . . . . � � � �� -s�
.-'
State o� Minnes� ) , � •
• � . . ) . ss _ � ... �
� County of P.zJnsey . ) . . •
The forego ng i strtuz►en�� was a�knowledg�d be�ore me this
• ' � day oi � , 19$5 by George Latimer, Mayor of the
. City of Saint Paul, a municipal corporation under the law., of
�the State of rlinnesota , on beh�lf of the corpor�tion.
� JEAN MARIE MALASKE ��� � � � �
y NOTMY PV�UC-MINNE90TA No t a r y
HENNEPIN COUNTY
. My Cortxnls�lort Expir+�Jun�7,19vt
State of Minnesota � .
. ) ss. ' , .
• . • aounty o f Rams ey � ). • . • .
' � The forego�ing ins�rument was acknowle.dged •before me this
. • , � �� day o� /,(�(1�1t�.�� . �-g�� by AlberL II. Ol.on, City Clerk"of'tne
City o: Saint Paul, � mv�icipal co�poratl.on undez th.e laws oL the
gtate o` rS:.nneso�a, on Y�ehalf of the corporation_ .
p.q.�t��P�ts?e�1'•^^,:�,e{.9.,^rrr.r�.n..^,�-�^0+.^nr.
, �-•;., � `LLEL
1 :, �c;�:, 1��:�..�� ti•�. riC.�
'w'�I;,�,•i N07r".RY Pl.':'1..'.:^tl,li.INESOTA .
� �;%2 �
� ��G:'��� R:�<<�i i�Y C;OU 1T`( , N ary .
� ��1:`�p.4y Co�nmissinn Expires Oct. 15,1990 . , • , '
�?�tf�++as'ro+e�s�.►+�N , . . ..
Stste ot rf�nnesota ) , . • �
• . ) _;s . .
Coun�y o f Raru3 ey ) ..
' • he �ore�oi a.nstrument was acknowledged beFore me this
� day o� �G� �.��' � 19 by �dwn.r�l. .I. bJnrn. U1.rccL•or of tha
the Cit of
•D_�art�nent o� Finance and bfanagenen� Sexv
ices ot Y
Sain� Paul, �a t�►unicipal coroor�tion under '�he laws of the State
' of 2•;inneso��, on behalf o� the cor.00ration. •
. . �a/�� 4�,c�
BARBARA J. ZUSAN {<�
���i��t NOTARYPUBUC—rA1NNESOTA 5 rjOtZZSI
r�aM;cv eourmr s
. � MY COMh1.EXPIRES MWY 3, 1990 � •
. Y i .
I �
. �ITY OF I�AINT PAUL C-��/U �S�
M..��� OFFIUID OB' THE QITY COIINOIL +
� . "� ' D a t e ; January 8, 1986
_ COMMITTEE RE PORT
TO � SQint Pau I City Council
� , _ . FROM � Committee oh PUBLIC WORKS
The Public Works Commtttee at tts.meeting of January 8. 1966 took the
following action: .
. 1. Hearinc Date
1/21/86 FINAL ORDER: To decide on tmproving SHERBURNE AVENUE
from Grotto Street to St. Albans Street by constructing a
concrete curb and gutter and dotng all other work
necessary to cor�lete said (mprovement.
Recomnended approval.
2• OROINANCE: Designattng "Snow Emergency Routes" as
provided for in Sectton 161.03 of St. Paui Leglslattve
Code as ame�ded.
Recommended approvai. Councilperson Rettman voting "NO". (12-12-85)
3• RESOLUTION: Providing for parking bans on the
northeasteriy side of BURLINGTON ROAD from Springside
Drtve to Totem Road.
Recommended approval. (12-12-85)
4• RESOLUTIONs Re-conveying property on BATES AVENUE between
Maury Street and North Street back to State of Mtnnesota
as city no longer has use for It.
Recommended approval. (12-12-85)
5. RESOLUTION: Amending C.F.279981 being a resolution
vacating part of the east-west alley in St. Paul Proper
and waivtng retatned utllity easements.
Recommended approval. (12-03-85)
g.�'�( q'i
� �� �i�t9 Cr.f.29'9�8 l t1e�ng e resc�:kut i on
vacat i nc,���e a t t ej� i� B l ock Z;. Gre�ti's qQd t t icr�rr and
de1`et in8 C:�Stiefi`4.�i"�2(cJec��`tdii i��;2,700).
Recommended app�I..(12-03-85)�'
7. RESOLUTION: Approving preliminary plans for
reconstructton of 1-94 fran Mounds Boulevard to Marion
Street (tncludtng Spaghetti Junctlon).
Laid over in Committee.
8. RESOLUTION: Amending the 1985 budget by transferring
a10,101 from Contingent Reserve to Public Works-Lighttng
Operations and Maintenance.
Laid over in Committee.
9. RESOLUTlON: Banning parktng on one side of Haml(ne
Avenue from Como Avenue to Hoyt Avenue to comply Ntth MSA '
standards.
Recortmended approval. (12-19-85)
C�'��-I- SEVENTH FLOOR SAINT PAUL,MINNESOTA 55102
�i•�.