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85-1319 WHITE - CITY CIERK ' PINK - FINANCE ':-GIT1 OF SAINT PAUL Council . ��_,��� CANARV - DEPARTMENT BLUE - MAVOR , � � Flle NO. Return copy to: Counci Resol ion Valuations (PW) - 218 CourtHouse � , Presented By Referred To Committee: Date Out of Committee By Date , Council of the City of Saint Paul does hereby acxept �he dedication of a permanent ponding easement made by Ace Au�o Parts and Salvage, Inc. over, on, across and under Lot 17, Guerin's Ou� Lo�s and �he Ciky A��orney be a�dis hereby direc�ed to file the ponding easement oonveyance in the Off�ice of C7oun�y Recorder, a oopy of the ponding easement dedication is at�ache�l hereto anc3 incorporated herein by refereru:e. FU�R RF�OLVED,' That the Ci�y of Saint Paul officials are authorized and directed to en�eriinto an agreement with Ace AutA Parts and Salvage, Inc., a c�y of �he ponding easement agreemen� is a�tached hereto and incorp�rated herein by reference. ' COUNC[LMEN Requested by Department of: Yeas p�� Nays � Masanz In Favor Nicosia � Scheibel '� Sonnen T__ Against BY r Tedesco ' W i Ison n ' �JC+T 1 � Form Ap roved b City Attorney Adopted by Council: Date I �C � Certified Yass d uncil Secr ry' BY � ( ����� gy, . A►pp by Kavor: Date �j Appro by Mayor for Submiss' to ouncil B PUBLISHED Q�� � �. 1995�. ,DEPARTMENT �"f_/3��� 342g CONTACT 298-5317 PHONE Se tember l2 1985 DATE �e�� Qr � ASSIGN NUMBER FOR ROUTING ORDER Cli All Locations for Si nature : Department Director �Director of Management/Mayo 2 Finance and Management Servi es Director 4 City Clerk Budget Director 1 City Attorney WHAT WILL BE ACHIEVED BY TAKING CTION ON THE ATTACHED MATERIALS? (Purpose/ Rationale) : An agreement and a conveyance o a deed of dedication by Ace Auto Parts and Salvage, Inc. to the City of Saint Paul for a permanent easement for ponding purposes over, on, under and across Lot 17, Guerin's Out Lot for the Rice-Acker Ponding Pro�ect. � COST/BENEFIT BUDGETARY AND PE ONNEL IMPACTS ANTICIPATED: � `n� �(l� $13,550 is the compensation for the easement. �� � '� '�. � � �� --, � ��\� _ RECEIVED�`�, � � � SEP � 7 1985 OFFICE OF THE pfr7��TA� DEPARTMENT Or �r"�bq,� FINANCING SOURCE AND BUDGET ACT VITY NUMBER CHARGED OR CRE�[�c4�jFt4�'�j5�� ture not re- Total Amount of Transaction; $13,550.00 quired if under $10,000) Funding Source' 1/2 �apita Improvement Budget 1983 � 1/2 Capita Improvement Budget 1984 (C.F. No. 84-1461, 10/25/84) Activity Number: 5-1673R 6 650 ATTACHMENTS List and Number Al Attachments : L. Council Resolution 2. Deed of Dedication of Ease ent for ponding purposes 3. Agreement DEPARTMENT REVIEW CITY ATTORNEY REVIEW Yes No Council Resoluti n Required? Resolution Required? Yes No . Yes No Insurance Requir d? Insurance Sufficient? Yes No Yes No Insurance Attach d: (SEE EVERSE SIDE FOR INSTRUCTIONS) � Revised 12/84 I I � r' 'v -- '- LL ♦ v1 O V: a I "�^��� 1 , � �1.J � . .• � ~ ~ � . . . '• ` _N j � ' ` ^ �; I � i ._._ . � U , , m ° � , o �_. . . `_'. Q ` � ; _' � • . � • :.... I , ` :.�.. �'°°� �_ ...w_._ . . .. _.=: : � � ' t..�..� � � � f... ` . . . O `R'u�/ �' � . � � 7 � � * i...� A,. I ? I.t•I0I /w ♦p 0� IC'� p � ' pi � ( I� ♦ \M\� "�'.1 �l �� �'i: �:�, Q , � M =// •I 'R i��r ti � N �� .. . �Z i Os � � � � .� . y • . -'�.`. �, �� ; r �, , �; � ^ N � b�� ��� O f� ' I N T � �iti ' ; u�,� 4 :� � � w II � �-. G � --- � � � �v��t L•• L L���i' � , �C A A:i � ai. v � � — �. 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O ti � Lot 17, Guerin's Out Lots--Subject of Agreement. and Deed of Easement for Ponding Purposes. EXHIBIT "A" 5 � . �:�,-� .� ��' Ac�r THIS AGREF�IT, made and enkered inro this day of , 19 , by and between the CITY OF SAINT PAUL, a m.unicipal corporation, hereinafter referred to as " ity" and ACE AUTO PARTS AND SALVAGE, INC., �� a corporatio�n. of the S�ate of Minnesota, hereinafter referred to as Ace Auto Parts , �:, WI�REAS, the Ciry desires to acquire a permane r easement for ponding , purposes over, on, across and under ', All that portion of Lots 17 of 's Ou�lots .he City of St. Paul according to �he ��corded la� there`of on file . in the office of the Regist� of Deeds in and for•, said Ramsey Counky, Minneso�a, /�xcep�ing, t refrom, the East 5 feet of said Ipt 17 / l `' WHEREAS, Ace Auto Par ts is presen . y the wner of the above descr ibed pr�r�y; �1 � NOW, THEREFORE, It is agreed by an between rhese pa�,ties, their successors and assigns: 1. Ace Auto Parts s all by utually a eed upon separate deed of easement, deed to the City perman t easement or ponding purposes, over, under, on and across the p oper�y le�ally descri above which is �hawn in blue on at�ached �xhi.bi� "A incorporated by r.his reference. 2. The Ci�y s all pay 3,550 ro{Ace Auto Parts. This sum represe��s the value of the�semenk ov said I�i� 17 ($16,250.00) less $2700 which is the agreed upor��value of al y loc ted in Dlock 2 Greene's P,ddition and Ur 18, Guerin's Out Lotis to Sain� Pau .ikioned to be vacated by Ace Auto Parts and approved For vacation by the City Council of Saint Paul by Council Resolution Numoer 85-197, February 12, 1985. 3. � Si�e Preparation and Maintenance The City cvill evelop the si�e ro .be part of a skorm water deterition pond that extends t the south and e�st of the site. Any cos�s necessary �o the development of . e site a srorm water derention pond will be borne by , the City. Any con ion or grading necessary to facilitate complet�e drainage of the si�e will be done and paid for by the City. This includes the cost �f the original surveying and grading of the site and the removal and subsequent replacement of parks permitted to be s�ored in the ponding site area pursuant to the terms of khis agreement. The City will do maintenance work required by any ponding action on �he sike thak is not related to cleaning up or removal of prohibited materials as defined in Paragraph 5 oF this agreement. Ace Auto Par�s is responsible for any liability or action due to the st,orage of prohibited ma�erials. 4. Design of Storm Water Detention Pond The pond will be designed to accommodate �he.flow from the City's design 100 1 . . �.�= �J�-�3 i l year skorm. The maximum elevation of ponded water will. be 142.0' City datum. The maximum depth of ponded warer on this site will be 3.0' assuming the property is graded to tne minimum elevation permitted of 139.0' . The pond will be designed so that the maximum elevation of the pond during a 5 year design storm will no� cause rhe site to be flooded. 5. Prohibited N�terial Ar no time will the following material be s�ored o t;his site: Any part or material tha� contains, or contai an ,� residue of, or is coated with rhe following; grease, oil, br e �uids, transmission fluids, gasoline, baktery acid, anti-freeze sol r�, and other similar petroleum solvenks and waskes. �, , Em�ty b�tteries and gasoline �anks� An� part or material that cannor be an is t secured�,from floating in wate�. \ . Storage of galvanized painted and rus�ed part and materials is discouraged but not prohibited. Al1 other ts and mat ials may be stored on the ponding sita at the sole res sibili and risk of Ace Auto Parts. b. Insuran e Ace Auto Parts shall ob�ain nd pay for a COMPREHENSIVE GENERAL LIABILITY insurance policy wh' h shall (�j name �h City of Sain� Pau1, its elected ar� appointed officer as addi�iorial insur ds; (2) be primary with respect to any City of Saint aul insurance r se -insurance program and (3) contain a s�andard cross lia�ility provision shall have a combined single limit of not less than: ' i � $b00,000 Soc3ily Injury an Property Darnage PER OOCtJRRENCE The policy shall co� ain a cl� se �hat the insurer cannot cancel or change the insurance withou . i .�giving the City of Saint Pau1 30 days written no�.ice. Ace Auto Parts shall provide the City with a Certificate of Insurance upon the execut:ion of the ponding easement. 7. � Indemnity Unless caused by the wrongful conduct of the City of Saint Paul and any agents or employees thereof, Ace Auto Part indemnifies, defends, saves and holds harmless the Ci�y of St. Paul and any agents or employees thereof from all claims, demands, actions or causes of action of whaksoever na�ure or character, arising out of or by reason of the condition of the premises or as a result of operations or business activities taking place on �he premises or as a reSult of any existing liens or future liens against the property as a resultt of the transfer of the premises from the Burlington Nor�t�ern, Inc. and Ace Auto Parts. 2 �s'- � �i9 8. Pollution 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, abatemen� or emissian of air and water contaminan�s and/or the disposal of refuse, solid wastes or liquid wastes. Ace Auto Parks shall bear all cost and expense arising from compliance with said ordinances, laws, rules, or regulations and shall indemnify, defend, save and hold harmless the City of Saint Paul from all liability, including withou�. limitation, f_ines, forfeitures, and penalties arising i oonnection with the failure by Ace Auto Parts to comply wi�h such ordinan es, laws, rules or regulations. 9. None of khe provisions of this agreemen� is i �enc�ed to or sha1Z be merged by reason of the above referenced deed of ease '� such deed of � easement shall not be deemed ko affecr or ' 'r the provisions of khis agreement. IN WITNESS WHERaOF, the parkies heret have used this Agreement to be executed by �heir proper officers. `�� ``� �\ APPROVED AS 'Iq �URM: CITY OF SAI PAUL Assistant City At�orney Ma r Dirxtor � Cit Clerk Acting Director, Department of � ;�� Finance and Management Services fI `E , . '`� ACE AUTO PARTS AND SALVAGE, INC. By: �� President ATI'EST: 3 . ��1- /�/� D� OF DEDICATION OF EASII�Tr FOR P'ONDING PtJRPOSFS ACE AUTO PARTS AND SALVAGE, INC., Grantors, of Ramsey County, State of Minnesota, in consideration of the sum of One Dollar and other good and valuable considera�ion, to them in hand paid and �he receip� of which is hereby acknowledged, c�o hereby Grant, Bargain, Sell and Convey to the CITY OF SAINT PAUL, a municipal corporation of the Stat of Minnesota, its successors and assi3ns, as Grantee, a permane t ea ement for ponding purposes on, over, under and across the following kra o and being in �he �. t County of Ramsey and State of Minnesota escribei as follo�n�s: All that porrion of Lots 17 of Guerin's u ots to the��ity of St. Paul according to rhe recorded plat rhereof on ile in the o�ice of the Register of Deeds in and for said Ramsey nty, Minneso a, excepting, therefrom, the East 5 feet of said Lot 17 � To have and to huld �he same fo ever. e Grantors do covenant �hat they are well seized in fee of the 1 nd and emises aforesaid, and have good ri9ht to sell and cor�ve rhe same ree o all encumbrances. The Grantors also venant that rhe above granked easement is in the quiet and peaceable po ession o the Granree. The Gran�ors will warrant and defend against: all e ns lawfully claiming the whole or any part thereof. It is intended and agreed that thi.s agreement shall be a covenant running wiYh 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 agreemen� and covenant shall remain in effect wi�hout limitakion as to time. The parties have entered into a separate agreemen� dated day of___ _ , 1985 setting forth �heir respective respe�nsiailities regarding this deed of easement. Said agreement is incorporated as part of this deed by this reference. 1 ����i� IN 'PE.S'rIMONY Wf�RE�F, The Grantors, AC,E AU'i�0 PARTS AND SALVAGE, INC. by and have set their hands the day of ____� , 19� td ACE AF�iS ANCJ S�AL,VAGE, INC. �`i• �. . t. t B ,� ' Its President � � i � ' • . . !� g5'13i � � S�ate of Minnesota '�� County of Ramsey '`` , � On this day of , 19 �` , before me a Notary Public within and for said Co ty, personally appeared ana to me personally known, who, bei each uly sworn, did say that they are of ACE A[TPO PARTS AND SALVAGE, IIVC., noY��d in e foregoing instrument and that said instrum�nt was sign on b�half o AUTO PA�iS A1�ID SALVAGE, INC. � � � �`, Notary Public • Form Approved: Assistant Ciry Attorney . This deed is exempt from state deed tax under Minn. Sta�. Sec. 287.22(F) TfiIS INSTRC�Pr WAS DRAFTED BY Ci�y of Saint Paul OFFICE OF CITY A'I'rORNEY 647 City Hall Saint Paul, Minnesota 3 �,.,�'--/ .�/ � �� CITY OF SAINT PAUL — OIa`FICI� OI+` TFiE CITY COIINCIL � assc�trar'ae �r ocaaa►aa�s +y=�ie�ae , � a - . Date ; September 18 , 1J85 COMMITT � E RE PORT TO = SQint PQU ! City Council FROM � Committee on PUBLIC WORKS _CN A I R, CHRIS NICOSIA �'l , The Public Works Committee at its meeting of September 18, 1985 took the foliowing action: Hearin4 Date 1. 9/24/85 FINAL ORDER: Construction and/or installation of bus shelters� with advertisement, on the public rights-of-way in St. Paul at 20 locations. Recommended approval of location site numbers: 601 ,602. 604, 607, 608, and 609. Site #582 was approved with the option of changing recommendation at the public hearing. Site numbers: 580, 581 , 588, 600, 605, 650, and 651 were laid over to October 2, 1985 Public Works Meeting. Site numbers: 583. 585, 589, 603 606, and 652 were ! deleted. 2. FINAL ORDER: (Laid over to Committee by Council 8/27/65) Installation of bus shelters at SW corner of St. Clair at Lexington Parkway and at NW corner of Westminster St. at Wheelock Parkway. Bus shelter at SW corner of St. Clair at Lexington Parkway was deleted. Site at NW corner of Westminster Street was laid over to October 2, 1985. 3. 10/1/85 REASSESSMENT: for benefits received from the construction of the public storm sewer system known as the ST. ANTHONY HILL STORM SEWER SYSTEM against certain property known as Wilder 'Square Inc. Recommended approval . 4. R�SOLU�'}I4Ns , authorizing execution of agreement with and acceptance of deed frorn Ace Auto Parts and Salvage Inc. for Rice-Acker Pond. Recomme�ded approval . nr�rv vsi T � CFVRNTN Ri f1f1R CATNT AAiiI. M1NNT'Sn'1'A S�ltl?