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85-893 WHITE - CITV CLERK PINK - FINANCE G I TY O F SA I NT l A V L COUIICII 7/� y�j BLUERV - MAVORTMENT File NO. �`�' �• � Return �oPy to: Council Resolution Valuations — Room 218 Presented By Referred To Committee: Date Out of Committee By Date RESOLVID, That the Council of the City of Saint Paul does hereby accept the dedication of a permanent sewer easement made by First Baptist Church and Congregation of Saint Paul, over a portion of Lot 8, Thompson's Subd. of Block 4 arid the City Attorney be and is hereby directed to file the sewer easement c�onveyance in the Office of County Recorder, a aopy of the sewer easement dedication is attached hereto and incorporated herein by reference. FURTHER RESOLVED,That the City of Saint Paul officials are authorized and directed to enter into an agreement with First Baptist Church and Congregation of Saint Paul, a copy of the sewer easement agreement is attached hereto and incorporated herein by reference. COUNCILMEN Yeas Nays Requested by Department of: Drew Masanz In Favor Nicos+a Scneibe� _ _ Against BY ctor yTy°e� �UL - 2 1985 ��'�� Adopted by�n Form Approved by Cit Attorney ouncil: Date — ,I l' � Certified Pa s d uncil S a BY C`1�C°!� �`'^.—�� r�� 7 �- ► B}' Approved by , avor: Dat `�- a--- ��JUL — 2 S�pproved by May r r Su ission to Council By � � _ � A�B�LISttE� JUL 13 1985 � . . _ � ��i� DEED OF DEDICATION OF EASEMENT FOR SEWER PURPOSES . FIRST BAPTIST CHURCH AND CONGREGATION OF . SAINT PAUL, Grantors, of Ramsey County, State of Minnesota, in considera- tion of the sum of One Dollar and other good and valuable con- sideration, to them in hand paid and the receipt of which is hereby acknowledged, do hereby Grant, Bargain, Sell and Convey to the CITY OF SAINT PAUL, a municipal corporation of the State of Minnesota, its successors and assigns, as Grantee, a per- manent easement for sewer purposes on, over and across the following tract of land being in the County of Ramsey and State of Minnesota described as follows : A 10 ' wide permanent sewer easement over, under and across Thompson' s Subdivision, Block #4 , Lot #8 . The centerline of the easement being 96. 0 ' west of and parallel to the easterly property line of Block 4 . The easement runs northerly from the southerly property line of Block 4 a distance of 139 . 0 ' thence northwesterly on a line 60 degrees from the cer�terline of said easement terminating when said line meets public alley known as Lyon' s Court. To have and to hold the same forever. The Grantors do covenant that they are well seized in fee of the land and premises aforesaid, and have good rigi�t to sell and convey the same free of all encumbrances. The Grantors also covenant that the above granted ease- ment is in the quiet and peaceable possession of the Grantee. The Grantors will warrant and defend against all persons law- fully claiming the whole or any part thereof, subject to encum- brances if any, hereinbefore mentioned. - _ • - . � � �.��93 The Grantors authorize the Grantees to remove all con- crete and asphalt or other impediments which hinder the proper use of this easement without the necessity of paying any dam- ages for such removal but upon the condition that Grantee re- place same after completion of any necessary storm sewer work in the easement area. It is intended and agreed that this agreement shall be a covenant running with the land and shall be binding to the fullest extent of law and equity for the benefit of the public. It is further intended and agreed that this agreement and cove- nant shali remain in effect without limitation as to time. IN TESTIMONY WHEREOF, The Grantors, FIRST BAPTIST CHURCH AND CONGREGATION OF SAINT PAUL by /^ � � % and ,a�,7r�rG: � ,C. �fv✓�:�1,/rx� have set their hands the 9� day of �,,2.�„L� ► 198 �'. s FIRST BAPTIST CHURCH AND CONGREGATION OF SAINT PAUL � � B /�/�' _ . , � / y . � a�� , � Its Chairman, B d of ustees � �r_� • . � Q , /, �,G'' /% ''�..r�a.- t-`--u--� �) • S/�r�[.�-c-,=_-�-«,-v�-rV I t S �/1-r.'rc:-�i l�•.r-ir 2 . � ' , •. + . ' ///'_"��fl /� l/' State of Minnesota ) ) County of Ramsey ) On this `�� day of c/vv� � , 29,�T, before me a Notary Public within and for said County, personally appeared /�r�,�� /� �, �/'�'/_o�f and `�r->i��.� �:�%�7„ /�.-�c/ � t� me personally known, who, being each duly sworn, did say that they are ��,.:.%n�n.,� 17�1 ,_y� �,�.; r�,.�r. and ��i�,�rGr C�rK of FIRST BAPTIST CHURCH AND CONGREGATION OF SAINT PAUL, noted in �the foregoing instrument and that said instrument was signed on behalf of FIRST BAPTIST CHURCH AND CONGREGATION OF SAINT PAUL. �� , Notary Publi •*'-� cffda 1'. �ff/�pfeGy ._ Form A roved' HOTARY PUBtIC—MINNESOTA pP • � • RAMSEY CUUNTY My commission expires Jan. 31,1986 , �,,,,,r,.....�..��. �.._�._ Assistant City Attorney This deed is exempt from state deed tax under Minn. Stat. Sec . 287 . 22 (F) THIS INSTRUMENT WAS DRAFTED BY City of St. Paul OFFICE OF CITY AT'IORNEY 647 City Hall Saint Paul, Minn�sota 3 . , s . - . �4✓ �� AGREEMENT THIS AGREEMENT, made and entered into this day of ' , 198 , by and between the CITY OF SAINT PAUL, a municipal corporation, hereinafter referred to as "City" and FIRST BAPTIST CHURCH AND CONGREGATION OF SAINT PAIIL, hereinafter referred to as "Church" ; WHEREAS, The City desires to acquire a 10 ' wide permanent sewer easement described as follows : A 10 ' wide permanent sewer easement over, under and across Thompson' s Subdivision, Block #4 , Lot #8 . The centerline of the easement being 96. 0 ' west of and parallel to the easterly property line of Block 4 . The easement runs northerly from the southerly property line of Block 4 a distance of 139 .0 ' thence northwesterly on a line 60 degrees from the centerline of said easement terminating when said line meets public alley known as Lyon' s Court. WHEREAS, The Church is presently the owner of the above described property; NOW, THEREFORE, It is agreed by and between these parties, � their successors and assigns : 1. The Church shall by mutually agreed upon separate deed of easement, deed to the City a permanent easement for storm sewer purposes, over, under and across the property le- gally described above which is shown in blue on attached Ex- hibit "A" incorporated by this reference. 2 . The City shall pay $3555. 20 to the Church for the acquisition of said easement. 3 . The existing 8" and 5" cast iron pipes used for sani= tary sewer and storm sewer purposes presently located in the easement area and serving the Church property shall continue to be maintained by the Church at its own expense. 4 . During ttie initial installation of the storm sewer in the easement area the City' s contractor shall connect the church' s existing roof storm drainage pipe to the new storm sewer at no charge to the church. Thereafter the Church shall be responsible for the maintenance of this storm sewer connec- tion. � , • L��O.l`/ !� q r � � 5. After the installation of the storm sewer and District Heating service pipe in the easement area the City' s contractor shall restore the Church' s property to its existing condition which includes replacing the full width of the asphalt drive- way and removing and replacing concrete sections at the joints. The City wil be responsible for the restoration of the easement area after the completion of any future storm sewer repair or maintenance. 6 . The City shall include in the Contract Specifications for_ the installation of the storm sewer the requirement that construction in the easement area be completed prior to the end of the third week in July, 1985. � 7 . None of the provisions of this agreement is intended to or shall be merged by reason of the above referenced deed of easement and such deed of easement shall not be deemed to affect or impair the provisions of this agrement. IN WITNESS WHEREOF, the parties hereto have caused �his Agreement to be executed by their proper officers . APPROVED AS TO FORM: CITY OF SAINT PAUL Mayor' s signature not required pursuant to Chapter Adm. Code ssis an i y ' Director City Clerk Acting Director, Department of Finance and Management Services FIRST BAPTIST CHURCH AND CONGREGATION OF SAINT PAUL � B �/.�.�`�'!' ��,!,� � Y� Chairman, Boarc� 'of� stees � ATTEST: , ,� � , / / ' Cz.�u—.`� • -Lc,�ca-,�-uc-...s� _.s - Zo . �Y�, ..�.��. .. �v �/ � t I' � ,...,. � � �� '` ' \ �'�� . � ' y � �3 / �. � — ,.s`S�;��s � � � /� �+�'�S , �k �'� 4�� °F \ ,0`� `'i/i� • � �� :�'��,,�`..5: .i5 y 1l� s \ � \ / � � . C �_ a . , e o �` a ,.�;\`•``��.j�� ,� � � � � �' � _ � � � i \t` \ � a r`, ♦' oi �5 �F / 6 e��+'a i m�, S \ � �j, -' �' � y1+e53 , ,� �,� a5 0�� f�� /�H --c� � � \ o � , '� :."` �,',� g 6 i � .� ° cic��. \� � �'�, . �l �D� - 'S ,� e2 .��, � � �r. v, c� ° � �-i� c� 4 � •" : • „'` `�'�j�/ Q �' w • �:� .v.� �.f��► ` � .� � ' � � 0�� ^ � • .. i � o v � �" h`�r.\ ` � � \ •+ � a��' � � • � '� � � s. I� `�' 9�� \ • w � \ �i •` �q� � ; � S e `�* \ • �' � a' a� . 5�� N � � \�, ° t9� �. _ , y N �� oy� � / . �1 m �. � ``•r �/Q " .`� S y � y� t , � , _ s � �o , � 3 , o°� � ° ,�•�,9y� Y` °, �� '� �. �, i., 0 �� c 9Z � Z' \�� ` a i � o� � :1 � ,o�� 1 0 0 6 � y Z�•°�' � �: • � `� �, � �'�� '�►� �1 � r . � c� '� �� / • c � � . / � ' "i � \ o � � � ,�. ,i � � �ti� �.�\� fs' '. � �-�,c' '"+ � y \ , , � � � � � • �� ' .1' . � � i. 4 O . i �� .�� 4 � � � r� � � � � • � e J ` O / „O � ;{'' .. ` � a / p ,p '\ � V� � � �`i !' � (� p � • y °? C c, �, �� Q7 � `' �v i � ,., • � �� ' � t+. i M '� �� . / .�,► � �0 � '•1'` ..� S � v, �� r. � , � ��,��/i^�, � � �� ' � � �+" � /% ��+��` c� �i�j ��1 , . / •� � � f � L� � /'� +� 0 �r� � �-� X �/ � � / ' /� ~ . �. - �i l \ �Jr / 1 � ��.'��` . � • / \ / / • f1 � �� .� / �+• 's �V • � (J/ / \ /� �`� ,� � ., v . :;;.• �' ♦r �� j l . ,� . / � `' : ,♦ / � � �/ �/ � ��'�' /�� , � � � C� � / oc� •s. .o Y � �' / t i � � t � t : a� °L i � � / � � �•�� c 1'`, � t"' . ` �� / / ;- 11• �. • . �''/^ • s \ \� // /�\ i ��.�, � � , N /t \ ��/� �i \. , . '�.�r �o _ • a' � �.� / �.�: . 1t\� �T�-. � .� � �� '•�. :'� .� �/ � Finance & Mana,�ement Services + _ BE�PARTMENT N� 2190 Peter White TACT � 298-5317 June 12 1985 ��//`��- 1 Qi�� Qr ASSIGN NUMBER FOR ROUTING ORDER (Clip All Locations for Signature) : Department Director 3 Director of Management/Mayor � Finance and Management Services Director 4 City Clerk Budget Director � City Attorney WHAT WILL BE ACHIEVED BY TAKING ACTION ON THE ATTACHED MATERIALS? (Purpose/ Rationale) : Conveyance of a Deed of Dedication by First Baptist Church and Congregat3:an :Qf`Saint Paul to the City of Saint Paul for a permanent sewer easement over a portion of Lot 8, Thompson's Subd. of Block 4, necessary for the Lowertown Storm Sewer Project. RECEIVED JUN 13 198,5 COS'f/BENEFIT, BUDGETARY AND PERSONNEL IMPACTS ANTICIPATED: ��Ty ATTORNEI( The City shall pay $3,555.20 to the Church for acquisition of e��,ment. <��,,, �.s' . J �f�� /1;,��G( �s�9�� J��rICF FINANCING SOURCE AND BUDGET ACTIVITY NUMBER CHARGED OR CREDITED: (Mayor's signa- ture not re- Total Amount of Transaction• 53,555.2o quired if under � $10,00Q) Funding Source: Assessments, service avilability charge credits and Water Pollution Abatement Bonds Activity Number: ��535-000 �r) ATTACHMENTS (List and Number All Attachments) : 1. Council Resolution 2. Deed ofl�dication of Easement for sewer purposes 3. Agreement DEPARTMENT REVIEW CITY ATTORNEY REVIEW x Yes No Council Resolution Required? Resolution Required? Yes No Yes X No Insurance Required? Insurance Sufficient? Yes No Yes x No Insurance Attached: (SEE REVERSE SIDE FOR INSTRUCTIONS) Revised 12/84 HOW TO USE THE GREEN S�T . The GREEN SHEET has several PURPOSES: 1, to assist in routing documents and in securing required signatures 2. to brief the reviewers of documents on the impacts of approval 3. to help ensure that necessary supporting materials are prepared, and, if required, attached. Providing complete information under the listed headings enables reviewers to make decisions on the documents and eliminates follow-up contacts that may delay execution. The COST/BENEFIT, BUDGETARY AND PERSONNEL IMPACTS heading provides space to explain the cost/benefit aspects of the decision. Costs and benefits related both to City budget (General Fund and/or Special Funds) and to broader financial impacts (cost to users, homeowners or other groups affected by the action) . The personnel impact is a description of change or shift of Full-Time Equivalent (FTE) positions. If a CONTRACT amount is less than $10,000, the Mayor's signature is not required, if the department director signs. A contract must always be first signed by the outside agency before routing through City offices. Below� is the �referred ROUTING for the five most frequent types of documents: _ CONTRACTS (assumes authorized budget exists) 1. Outside Agency 4. Mayor 2. Initiating Department 5. Finance Director ' ' �3. City Attorney 6. Finance Accounting ADMINISTRATIVE ORDER (Budget Revision) ADMINISTRATIVE ORDERS (all others) 1. Activity Manager 1. Initiating Department 2. Department Accountant 2. City Attorney 3. Department Director 3. Director of Management/Mayor 4. Budget Director 4. City Clerk 5. City Clerk 6. Chief Accountant, F&MS COUNCIL RESOLUTION (Amend. Bdgts./Accept. Grants) COUNCIL RESOLUTION (all others) 1. Department Director l. Initiating Department 2. Budget Director 2. City Attorney 3. City Attorney 3. Director of Management/Mayor 4. Director of Management/Mayor 4. City Clerk 5. Chair, Finance, Mngmt. & Personnel Com. 5. City Council 6. City Clerk - 7. City Council 8. Chief Accountant, F&MS SUPPORTING MATERIALS. In the ATTACHMENTS section, identify all attachments. If the Green Sheet is well done, no letter of transmittal need be included (unless signing such a letter is one of the requested actions) . Note: If an agreement requires evidence of insurance/co-insurance, a Certificate of Insurance should be one of the attachments at time of routing. Note: Actions which require City Council Resolutions include: 1. Contractual relationship with another governmental unit. 2. Collective bargaining contracts. 3. Purchase, sale or lease of land. 4. Issuance of bonds by City. 5. Eminent domain. 6. Assumption of liability by City, or granting by City of indemnification. 7. Agreements with State or Federal Government under which they are providing funding. 8. Budget amendments. ,�Y: � . -_ �,c P.s�'..� .� _ .4 , � .:� ! , AGREEMENT � THTS AGREEMENT, made and entered into this � �� day of S , 198,5, by and between the C�'TY OF SAINT PAUL, a mu cipal corporation, hereinafter referred to as � "City" and FIRST BAPTIST CHURCH AND CONGREGATION OF SAINT PAUL, �j hereinafter referred to as "Church" ; � . WHEREAS, The City desires to . acquire a 10 ' wide permanent sewer easement described as follows : A 1� ' wi�e p�rn�anen� sew�r easemer.t �ver, under and across Thompson' s Subdivision, Block #4 , Lot #8 . The centerline of the easement being 96 . 0 ' west of and parallel to the easterly property line of Block 4 . The easement runs northerly from the southerly property line of Block 4 a distance of 139 . 0 ' thence northwesterly on a line 60 degrees from the centerline of said easement terminating when said line meets public alley known as Lyon' s Court. WHEREAS, The Church is presently the owner of the above � - described property; � NOW, THEREFORE, It is agreed by and between these parties, = their successors and assigns : +Q � 1 . The Church shall by mutually agreed upon separate _ i, deed of easement, deed to the City a permanent easement for i storm sewer purposes, over, under and across the property le- m gally described above which is shown in blue on attached Ex- � \ hibit "A" incorporated by this reference. � 2 . The City shall pay $3555. 20 to the Church for the acquisition of said easement. 3 . The existing 8" and 5" cast iron pipes used for sani- tary sewer and storm sewer purposes presently located in the •easement area and serving the Church pr�perty shall continue to be maintained by the Church at its own expense. 4 . During the initial installation of the storm sewer in the easement area the City' s contractor shall connect the church' s existing roof storm drainage pipe to the new storm sewer at no charge to the church. Thereafter the Church shall be responsible for the maintenance of this storm sewer connec- tion. 6 3 I 1 $ I Q.0 � -- � � • -� �.; d� ��-�93 � � � � �{ 5. After the installation of the storm sewer and District � Heating service pipe in the easement area the City' s contractor shall restore the Church' s property to its existing condition which includes replacing the full width of the asphalt drive- way and removing and replacing concrete sections at the joints. The City wil be responsible for the restoration of the easement area after the completion of any future storm sewer repair or maintenance. 6. Th•e City shall include in the Contract Specifications for the installation of the storm sewer the requirement that can=tru�tion in tHe easemer.t area be co:nplet�3 prior to the end of the third week in July, 1985. 7 . None of the provisions of this agreement is intended , to or shall be merged by reason of the above referenced deed of easement and such deed of easement shall not be deemed to affect or impair the provisions of this agrement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their proper officers . APPROVED AS TO FORM: CITY OF SAINT PAUL �, Mayor' s signature not required c � l� � ursuant to Cha ter Adm. Code ssis • n Director Citf Clerk � Ac ing ir tqr, Department of Finance a ManaSemer.t Services FIRST BAPTIST CHURCH AND CONGREGATION OF SAINT PAUL By: � Chairman, Board o Trustees ATTEST: 2 . � ,, + � �5�9� � � a � � - � State of Minnesota ) • ) ss. ' . County of Ramsey ) • . �he foregoi g instrument was acknowledged before me this 7�__ day of , 19�by Albert B. Olson, City Clerk"of'tne City of Saint Pau , a mvnicipal co.rporation under the laws ot the State of Minnesota, on behal.f of the corporation_ . "��;.. TPUDY M. 1-fOELZEL :,fif�i� E:�a; NOTARY PUBUC—MI(VNESOTA �•�•� �� R�1MS�Y GOUNTY �'+�1.-'�P�ty Commission Expires Oct.15,1990 NO ry n State of Minriesota ) � ) �s. . County of Ramsey � The foregoin instr ent was �cknowledged beFore me this �3h d� day of �L�'�/YJ� , 19�'3 by Edw�.rc�. J. Warn, T3irecL-or of the Dspart�nent ' of Finance and Management Services ot the City of Saint Paul, a municipal corporation under '�he laws of the State of MirLnesota, on behalf of the corporatio�. ■ � .,�'�.. BARSARA J. ZUSAN � ' �'j� NOTARY PUBUC—MINNESOTA �.�..�`' RANLSEY COUNTY �C� MY COMM.EXPIRES MAY 3,1990 NOtZry ti ■ 3 � � �- ��=�93 � ,, � � � � STA.TE OF MINNESOTA � ) SS. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this 18th day of August , 1985 by Susan R. Haram , Chairman of Trustees of FIRST BAPTIST CHURCH AND CONGREGATION OF SAINT PAUI, on behalf of the Church. �� e � � � �iJ{... B. W.^�!'�ClL ^ � � � o 6 Y�&C! � i I.I� . ) '`�1 4 � I�J a PE�. � STATE OF MINNFBOTA ) ) SS. C OUNTY OF RAN1S EY ) The foregoing insturment was acknowledged before me this 18th day of Au�ust , 1985 by Patricia L. Swanlund , Church Clerk of FIRST BAPTIST CHURCH AND CONGREGATION OF SAINT PAUL on behalf of the Church. �,.�,..,... ...�,.,��,•z..�.,_ . 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