85-485 P NI M►E � Ff N A C E K
GITY OF SAINT �AUL 1uncil
L�
C4NARV - DEPARTM NT le NO• � _���+
B�CUE - MAVOR �
(Irvine's)� 4�8 Council esolu ion
Return to: Va uation
Rm 218 � �
Presented By
Referre To Committee: D te
Out of ommitte By D te
W , The City of Saint Paul, acting through its Valuation
Engi er, h secured an agreement for the purchase of c rtain property
descr bed as follaws:
1. tl, B k7
I vines Acklition
2. A 0 foot w ide permanent pedestr ian br idge (MN.HWY. De tment Br idge
. 9368 ) easement on, over and across Burlington North rn Railro�l
y r'ght-of-way lying between Ipt l, Block 7, Irvin s Second
ition Saint Paul and part of tract shown as Water r
servati n centered along a line described as follaws:
Comme cing at the Northwesterly corner of Lot 5, Bl k 7, Irvines
P�ldition to Saint Paul, thence easterly an rio th line of
said lock 7 along an ass�mneci bearing North 89 degr s 10 minutes
21 s s East a distance of 176.5 feet to a point, said point
being the Northw�est corner of Lot 7, Block l, Irvine Second
Addit on to Saint Paul which is point of beginning o line to be
descr bed thence South 27 degrees 7 minutes 9 seconi East; and
is s shaded in yellaw as �hibit "C2" attached eto and
and i rporated herein by reference.
3. Pe ent slope easements as sho�nz, shaded in blue, on ibit "C2" of
th Swed Hollow Pedestrian Bridge Agreement attac ed hereto and
in rpora ed herein by reference.
W REAS, The property herein described is necessary or the Swede
Hollow Park estrian Bridge over the Burlington Northern ilroa�7 tracks,
to be wn Minnesota Highway Department Bridge No. 93684 �e price at
which e pro rty may be purchased is in the amount of $3,7 0.00, it being
a fair and re nable price for the subject property accordi to the City's
Valuat on Eng neer; and
COUfVCILM N Requested by Department �f:
Yeas Nays
�marh�cFl n
� Dr w In Favor Fina Mana emen Services
Masanz � �
Nicosia
Scheibei _ Against BY '
redesco Director
Wilson
Form Appr ved by City At orney
Adopted by Council D te C
Certified Passed by Council ,ecretary BY 2 ��
gy,
�.lpproved by 1�lavor: Date _ Ap o by Mayor for Su i �"o Council
By
WHITE - C1TV CLERK
PINIr r'�LFINANCE GITY OF SAINT PAUL Cou cil ��_,
CANARV - DEPARTMEN Fil NO• ���
BLUE - MAVOR
(Irvine's) ��8 Council Resol tion
Return to: Val ations
Roo 218 . -
Presented By .
Referred T Committee: Dat
Out of Com ittee B Date
, The Valuation Engineer has recommen�ed the rchase of said
proper y at t prioe stated above; ar�d
, The said bridge will require a Bridge Agreem t between the
City the lington Northern Railroad to document the structi� and
mainte r ponsibility of each party for the said bridge;
RE BE IT RESOLVED, That the Gouncil of the Ci y of St. Paul
c�es h eby au rize the purchase of the above described 1 ; ar�c7 further
does h reby a thorize and direct the proper City Official to execute on
behalf f the City of Saint Paul a Bridge Agreement for the Swede Hollow
Park estri Bridge over the Burlington Northern Railroad t acks; and
LVID, That the proper City Officials are her by authorized
and di ected to pay the Burlington Northern Railroad, a Delaware
Corpora ion, ecord owners, the sum of $3,700.00 for the pr perty herein
descri . Sai sum to be charged to 63001-881-000 (L-7740) .
COUIVCILMEN Requested by Department of:
Yeas �� �Na �s ��� ,
x� Drew [n Favor Financ Management Ser ces
Masanz %��Ol�
RIZCaia
scT n�� __ Against By Director �y��
wilson .�y�
APR 9 - 1985 Form Approve y City Attorney
Adopted by Council: ate
Certified P�ss d y Council S ta BY '^�
gy,
1 n
t#ppro e 17avor: Date ��� � �`�8 Ap o e by Mayor for Submis o Council
By
PtJ�l.� E� A�'I�2 Q 1985
�
` �1�' (o" . ��
Finance Manag nt
Servfce� A�t7'��17"
Dav���. °� _...CO!!ITI�T . ,, -
298-5317 �� f �./
� OJITE ���� �+► ✓ ,
(Routic�g and Expl ana 1or� -Sheet) �
h r for Rau�i rt rc�er C1 i Al;l loc�tf aets for N4a I.Sf tur� :
� _....;,.,;�
�
� rectar RECE D
„�, cs�r at�o .
� � ���
3_,,. 01 r of age�ent/M�.yo�' ��� .y `� . � `�'C� .
+- �ielu6t�ons ssessments Divrs n �
� �in ce and igean�nt 5enrit�s Dir+e�tor Dept, Financ &ManagementServices
� �tt�r c�er� � FEB 2 S i9$� _
,,,_ 8 Di m ��iF'i'!��1� .
�� _ T+DI��
�
�hat Wil�. ,�chi b T�akfi Act3on o� fihe At�a�d,�is rials? P ic�i .
. Authorize L•he p�a�' hase :of property for ,the Sxed� H�llow Parks Pe estrian Bridge and
,direct th proper City Ufficials to execute an agreement for the onstruction. and
` maintenan of sa d $ridge between the Cit of St. Paul and the rlington Northern'
Fta�lroad 'C mpariy. ,
1 ���� .
� � . - �`� . . �
� � Fi�ancfat ta snd PsrsarMel I aets Ra�fci ated: .
�
Expenditur for a uisition by `the City of $3,700.00. RL� Ij/,E�
. ��R � ��
F dt 3ou and d ivit Number Cka d;or Credi : MAY,p�rs -- -
r��
b3QU1-881-0 0 (L-� 40)
l�tt�ch�snts i t an Huasber a11 Atta s , . . ._
1. Resolut n for pproval
2. Br3dg� _ reeme
3. Easemen
ARTM@iT IEW CITY,ATTO�E'l.REYIEW _ �
�, Yes � yo Co zf i Resoi ution Requ1 rctl? l�es���rtion �equf red? Yes ,_ �p
_ � Yes ,�,,, Ins ranca �equi re�? I�suranca Suffi cf ent3 Yrs „�No
,�Yes ,,,�„�,. Ins `ce Attached? :
� �erisfion of October, i
�Ses Reversa Side for nstructfons)
: � � �s- �j
��
THI AGRE MENT, made and entered into this day
of , 19 , by and between the CITY OF NT PAUL, a
municipa corp ration, hereinafter referred to as "City" an BURLINGTON
NOR'I�I LRO COMPANY, a Delaware Corporation, hereinafter referred to
as "Comp y";
, th City desires to construct a pedestrian walkwa across the
track and right f-way of the Company, which will furnish acc ss to SWEDE
HOLIAW P fro Beaumont Street and be aligned in substantia accordance
with the lan at ached hereto and made a part hereof and marked hibit "A";
and
, the City proposes to separate the grades betwe n the said
walkway the racks of the Company by means of an overhead ructure to
be known a Minne ta Highway Department Bridge No. 93684 and sa' bridge to
be substan ially s shown on the plan attached hereto and made a art hereof
and marked Exhibi °B";
NOW, THEREF' RE, in consideration of the premises -and he mutual
dependent romises of the parties �ereto, it is agreed as follows
l. Th City ill at its own cost prepare the plans and spe ifications
for the co struct'on of a permanent bridge and approaches the eto. The
plans and pecifi ations shall be subject to review and appro al of the
Company's ssista t Vice President of Engineering, or his signated
representat ve, be ore bids are received for the contemplated work
- 2. T City will advertise and receive bids for the work, as -
contemplate by th s Agreement; award the contract for the constr ction and
sugervise ins t the work carried out by the Contractor. Th contract
_ - costs coveri g the ork of the construction, together with extra w rk orders
or cnanges i the p ans during_the construction, will be paid by t City. -
_ -_3. The City w 11 require in the contract let covering the con truction-
of said brid e, tha all work to be done by_ the Contractor on the ompany's
right-of-way shall performed in accordance with the provisions of "1708 _
RAILROAD-HI HWAY P OVISIONS", i�iinnesota Department of Transpo tation's
"Standard S ificat'ons for Highway Construction", dated 1983, as mended,
except that he Con ractor shall make his own arrangements and s ure all
- necessary pe mits o haul materials or equipment across the tra k of the �
- Company, _ove privat crossings or for storage of materials or equi ment on
_ property, oth r than noted in Paragraphs 7 and 10 of this Agreement.
4. The Ci y agre s that in any contract let covering the constr ction
of said bridg as co templated by this Agreement, it shall require der the
terms of said contrac and specifications that the Contractor will f rnish a
separate Rai road P otective Liability Insurance Policy to the Co pany in
accordance wi the p ovisions of "1708.2 Liability Insurance", Mi nesota
Department f Tra sportation's "Standard Specification for ighway
: � . ��5=����
Constr ction" dated 1983, as amended, with the limits of s id policy not
less t Two illion Dollars ($2,000,000.00) for all damages rising out of
bodily injuri s to or death of any person or persons and f all damages
arising out of loss or destruction of or injury or damage to p operty in any
one occ rrenc and, subject to that limit a total (or aggre ate) limit of
not les than ix Million Dollars ($6,000,000), for all damag arising out
of bodi y inju ies to or death of any person or persons and f r all damages
arising out of the loss or destruction of or injury or damag to property
during e poli y period. Said insurance policy, executed by oorporation
qualifi d to rite the same in the State in which the w rk is to be
perform , shal be in the form and substance satisfactory to the Company,
and sha 1 be de ivered to and approved by the Company prior to the entry
upon or se of ts property by the Contractor. The terms of s id contracts
and spe ificat'ons shal 1 also include that the Contract r meet the
require ents o "1714, Responsibility for Damage Claims" Minnesota
Departm nt of Transportation's "Standard Specifications or Highway
Construc ion", d ted 1983, modified to the extent that the Con actor shall
provide he Co pany evidence of Public Liability and Prop rty Damage
Insurance in ac ordance with the following:
A. T e insu ance shall cover the Contractor's Liability w th respect
to bodil injur to or death of persons, and injury to or des ruction of
_ property, which ay be suffered by persons other than their ow employees,
as a resu t of th ir operations in performing work covered by th s contract.
B. W ere a ntractor sublets a part of the work on any roject to a
Subcontra tor, he Contractor shall be required to secure insurance
protectio in h's own behalf under contractor's public lia ility and
property d mage i surance policies to cover any liability impos on him by
law for da ages cause of bodily injury to or death of persons and injury
to or des ructio of property as a result of work undertak n by such
Subcontrac ors. I addition, the Contractor shall provide for_ a on behalf
_ of any suc Subco tractor's protection to cover like liability i sed upon --
the latter as a esult of their operations by means of se rate and __
_ _ _ individual ntrac or's public liability and property damage pol'cies; or,
in the alt native each Subcontractor shall provide satisfactory insurance
on his own half o cover his individual operations. _
C. The limits f liability for the insurance policies prescri above
- shall be n t less than $500,000 for all damages arising out f bodily
injuries t or de th of one person and subject to that limit or each
person, a t tal am unt of $1--,000,000 for all damages arising out f bodily
: injuries to or dea h of two or more persons in any one accident and not -
_ less than $5 0,000 or all damages arising out of _injury to or dest uction of •
- property in any on accident and, subject to that limit per ac ident, a
- _ total (or a gregat ) limit of $1,000,000 _for all damages arisi g out of
injury to or destru tion of property during the policy period.
D. The 'nsuran coverage as required shall be in full force d effect _
before any w rk or rations are commenced on railroad property, shall
be kept in f 11 for until all work to be performed under the ter of the
contract has en ac epted by the Engineer.
2
��� ���
Th polic shall provide that in the event the insura ce should be
changed r ean elled, such change or cancellation shall not e effective
until 1 days fter the Company has received notice of su h change of
cancell tion f om the insurance company. The insurance cov rage shall be
execute by an insurer qualified to write such policies in he State of
Minnesot .
5. he Cit will require in any contract let covering the nstruction
of said erman nt bridge, as contemplated by this Agreemen , that the
Contracto shall arrange for protective services and devices d provide a
special nd,in he amount of $5,000.00 to the Company in acco dance with
the prov sions f "1708.3 Protective Services and Devices" and "1708.4
Special nd Re irements" Minnesota Department of Transportati 's "Standard
Specifica ions f Highway Construction", dated 1983.
6. T City shall give the Assistant Vice President of En ineering of
the Comp y, or is designated representative, at least ten (10) days' notice
in writin of it intention to order the Contractor to enter t e premises
and right of-way of the Company for the construction of Bridg No. 93684.
Upon com letio , the premises shall be cleaned up in a condition
satisfacto y to t e Assistant Vice President of Engineering of th Company.
7. Th Comp y shall by mutually agreed upon separate docu ent; grant
to the Cit (a) a permanent and perpetual easement for bridge purposes,
substantia y in t e form as described on attached Exhibit "Cl" as shown
colored ye ow on attached Exhibit "C2"; (b) a permanent easement for slope
and embank ent pu ses necessitated by construction of a pathwa in Swede
Hollow Pa k, sai easement is shown in blue on Exhibit " 2".
8. The ompany shall by mutually agreed upon separate docume t, grant,
- convey and it cl ims its interest to the City to the following described
property: - _ -
Lot 1, lock 7 Irvines Second Addition
9. In co sideration of the easements to be granted in Paragr ph 7 and -
for title t the p operty described in paragraph 8, the City here y agrees
to compensat the C any in the amount of $3,700.00.
10. The City ill require that the Contractor shall arr nge for
construction of a p k crossing at the Contractor's expense as re ired and
- approved by he Co pany. Such crossing shall be covered by a t mporary
private cros ing agr ement between the Company and the Contractor ich will
provide that the ontractor furnish the crossing planks a d that �
installation 's to made by Company forces.
11. Cros ing th Company's track as provided in Paragraph 10 hall be
with the prov sion t at no interference with train movements, the Co pany's -
operations or safety, existing permits or leases, or railway facilit es shall
result fram s ch use.
12. Upon co pletio of construction of Bridge No. 93684, the City shall
at its own ex ense m intain, repair and renew said bridge, includ'ng all
3
: . � � G�'-��-y�5�
appurte ance t ereto and thereof; however, nothing herein cont ined shall
be cons rued t relieve either the City or the Company of ommon law or
statuto y lia ility, if any, for any damages to the brid e structure
resulti from he operations of the Company or the City. The bligation to
so main ain sa' bridge shall continue unless changed by futu e agreements
and in a corda ce with the law of the State of Minnesota, a it shall be
from tim to t' in the future.
IN I�TESS WHEREOF, The parties hereto have caused this Ag eement to be
executed y thei proper officers thereunto duly authorized the day and year
first a e writ en.
Approved s to f m: CITY OF SAINT PAUL
Assistant ity At rney Mayor
Director City Clerk
Director, Depar trnent of Fin ce
_ and Management Servi es -
- Burlington Northern Railroad Co.
by: -
Attest:
4
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PIDESTRIAN G�1L�KWAY EASII�Tr
, th City of Saint Paul, a municipal corporation or anized and
existing der e laws of the State of Minnesota, hereinafter referred to
as "City", desir s to construct a Pedestrian Walkway to conne t Beaumont
Street to Swede ollow Park located in the City of Saint Paul County of
Ramsey Sta e of M nnesota and, further, to construct a bridge to arry said
walkway ov r exis ing railroad right-of-way; and
, Bur ington Northern Railroad Co. , a Delaware Corpor tion
hereinaft r refe red to as "Company", is the fee owner of a po tirn of the
property o r whic the City's walkway and bridge will be constru ted and is
willing t grant to the City the necessary easements for he bridge -
constructio ;
NOW, T EREFO , in accordance with the terms and conditio s of that
certain agr ement ated the day of ,
1984, betwe n the ity and Company, and for the consideration t rein set
_ forth, the Compan does hereby grant to the City, its succe sors and - -
-assigns, the easeme ts described: - - - -
F'E:E�C�IANEN`r BRIDGE EASIIKII�r - -
- _ A 20 f t wide permanent pedestrian bridge (MN. HWY Departme t Bridge _ �
No. 93684) easeme t on, over and across Burlington Northern ailroad -
Company righ -of-wa lying between Lot l, Block 7, Irvines Second A dition to - -
Saint Paul part f tract shown as Water Power Reservation cente ed along
a line descr' as ollows:
Cc�nunenci g at e Northwesterly corner of Lot 5, Block 7, Irvi es - _
Second A dition to Saint Paul, thence easterly on North line o
said bl k 7 ai ng an assumed bearing North 89 degrees 10 miriu s -
- 21 secon s East a distance of 176.5 feet to a point, said poin
being th North est corner of Lot 7, Block l, Irvines -
Second A dition to Saint Paul which is point of beginning of li e to be
describ then e South 27 degrees 7 minutes 9 seconds East and is
shown sh ded in ellow as Exhibit "C2" attached hereto and inco porated
herein b refere ce.
Exhibit "C1"
� , . �� ���,
PF�RMAI�IV'I' SIAPE EASF�NT
Perm nent s ope easements as shown, shaded in blue, on E hibit "C2"
attached h reto d incorporated herein by reference.
All semen s located in the City of Saint Paul, County f Ramsey,
State of M nnesot .
Comp y res rves to itself, its successors and assigns, t e right to
the conti ed us , maintenance and operation of its railroad racks and
other faci ities pon the easements herein conveyed to the Cit in such a
manner tha it will not interfere with the use of. the proper y for the
purposes fo which the easements are herein conveyed to the City.
IN TES IMONY WHEREOF, the Company has caused these pres ts to be
executedin its cor rate name by its and
this day of 19
BURLIDTG`1'ON NOF�I'HERN RAILROAD ANY
BY _ -
- - Its - - - --
And - _ __ -
Its - -
Exhibit "Cl"
-2-
� • i
" ���-- ���
STATE OF )
) ss
COLTi�TI'Y OF )
The f egoing instrtunent was acknowledged before me this day of
, 19 , by
(Name & Title)
and of Burlington Northern Railroad
Name & Title)
Campany, a laware corporation, on behalf of the corporation.
Notary Public
My comnission expires
Exhibit "Cl°
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